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09.b Draft minutes 11-04-2025 Planning Commission November 4, 2025 The Scandia Planning Commission held their regular monthly meeting on the above date. The meeting was conducted in-person and virtually over an electronic platform. All participants who joined the meeting remotely could hear each other and contribute to discussions. Chair Travis Loeffler called the meeting to order at 7:00 p.m. The following were in attendance: Commissioners Laszlo Fodor, Perry Rynders, and Chair Travis Loeffler. Absent: Planning Commissioners Mary Cullen and Jan Hogle. Staff present: City Planner TJ Hofer, City Administrator Kyle Morell and City Clerk Brenda Eklund. City Council member Kirsten Libby was absent. PUBLIC FORUM There were no public comments. APPROVAL OF AGENDA, MINUTES Rynders, seconded by Fodor, moved to approve the agenda as presented. The motion carried unanimously. Loeffler. seconded by Fodor, moved to approve the October 7, 2025 minutes as presented. The motion carried unanimously. PUBLIC HEARING: AMENDMENT TO THE UNIFIED DEVELOPMENT CODE SECTION 153.500.070 SUBD. 2 (B) Planner Hofer introduced a draft amendment to the UDC which would amend the language that determines if a project is a minor or major project. Minor projects may be approved administratively, while major projects must be reviewed by the Planning Commission and City Council. Following a recent application, staff proposed changes for a more efficient process for applicants. Planner Hofer explained the triggers for a major site plan review, one being for any project with exterior changes to a structure in which Character Area Standards apply. Hofer proposed to move this language to a Minor Site Plan Review, and to add language that if an exception to Character Area Standards is proposed, the project will be defined as a Major Site Plan Review. Planner Hofer noted that the amendment to allow administrative review will streamline the process for the type of request which meets all code standards. Hofer recommended the Commission hold the public hearing to receive comments and recommend approval with any amendments they deem necessary. Rynders, seconded by Fodor, moved to open the public hearing at 7:05 p.m. Motion carried 3-0. There were no public comments. Scandia Planning Commission November 4, 2025 Page 2 of 6 Chair Loeffler announced that public hearings will now stay open until the Commissioners conclude their discussions. Commissioner Rynders said this is straightforward, but when the Commission was discussing the expansion to the Nora building as a major project as few months ago, they discussed septic setbacks and other relevant information. Planner Hofer noted that the Commission ultimately approved the expansion with a condition that the septic system meet the County’s setback from the building. Hofer said the septic did meet setbacks and the septic placement was approved at the County. Planner Hofer said this is worth noting, but issues such as this can be resolved with administrative review. Rynders, seconded by Fodor, moved to close the hearing at 7:07 p.m. Motion carried 3-0. Rynders, seconded by Loeffler, moved to recommend the City Council approve the ordinance to amend the UDC regarding Minor and Major Site Plan Reviews as recommended by staff. Motion carried 3-0 by roll call vote. The recommendation to approve the ordinance amendment will be presented to the City Council at their meeting on November 18th. PUBLIC HEARING: AMENDMENT TO ORDINANCE 198 SHORELAND MANAGEMENT REGULATIONS SECTION 2.6 DEFINITIONS AND 6.4 PLACEMENT, HEIGHT, AND DESIGN OF STRUCTURES Planner Hofer introduced an amendment to the shoreland ordinance which would define public amenities and create an exemption for impervious surfaces and structures for public amenities within required setbacks of wetlands. Planner Hofer explained that the recently approved trail project for the Scandia Heritage Alliance has a conflict with the shoreland ordinance due to its alignment near the wetlands behind the Community Center. This location would create a nonconformity and require a variance from a wetland setback. Hofer explained that instead, staff is proposing to allow public amenities to encroach into wetland setbacks when certain conditions are met. Standards include that the amenity must be located on public land and accessible to all the public, must have an approved No-Loss Notice of Decision from the MN Wetland Conservation Act, all stormwater management standards are met, and is issued a permit or receive a notice that a permit is not needed from relevant watershed districts. Planner Hofer explained that State shoreland rules do not apply to all wetlands, and that the city’s shoreland rules are more restrictive than the State rules. The DNR commented that this amendment will not affect public waterways and is not within DNR scope. Hofer stated that Scandia has large setbacks for wetlands which are generally higher than he sees in most other communities. Administrator Morell said that the trail project is supported by the Scandia Heritage Alliance, but is a city project that is state funded for connecting the Community Center to the Gateway Trail and the Heritage Center. The grant covers 75% of the cost with the city’s capital project funding Scandia Planning Commission November 4, 2025 Page 3 of 6 the remaining costs and the SHA paying for the portion of the trail on their property. Morell clarified that this ordinance amendment will not apply to property along a lake, only to wetland setbacks. Chair Loeffler referred to the trail map in the staff report. Planner Hofer noted that the boardwalk section is not considered impervious surface, only the asphalt trail, saying the Washington Conservation District, the wetland authority, agrees. Rynders, seconded by Fodor, moved to open the public hearing at 7:17 p.m. Motion carried 3-0. There were no public comments. Commissioner Rynders questioned why this amendment will exclude lakes. Planner Hofer explained that the wetland exception is a lesser impact. If proposed for lakes, the DNR could comment and may disallow. Chair Loeffler said he is having a tough time rationalizing approval of this amendment, saying it’s about fairness. If we don’t allow landowners to do this, but changing an ordinance so the city can do this on our property is bending the rules to fit what we need but not bending rules for everyone. Loeffler said he does appreciate that this does not apply to property along lakes. Loeffler said if the city would ask for a variance for this request, he would have a hard time denying it. Loeffler said the correct process is to go through a variance like everyone else. Commissioner Rynders said they would be talking about granting a variance by a government entity to itself. Rynders said it’s for a public amenity that is benefitting the public, and not for other types of purposes. Rynders said for these reasons I don’t have an issue changing the rules for the city. Commissioner Fodor said he sees his role as an advisor to the Council and he is split between these two views, but a public amenity is for the public good. Commissioner Rynders said they are having a public hearing for the public to comment on this. Planner Hofer noted that Scandia is generally more restrictive than other communities’ shoreland regulations. Hofer said that a relevant difference here is to construct a public amenity versus a private landowner constructing a private structure. A private property does go through a variance request. A trail can be enjoyed by the public, and this plays into the staff recommendation to amend the ordinance. Commissioner Fodor stated that one needs to weigh benefits that serve the public. Chair Loeffler asked if the Watersheds provided comments on the amendment. Planner Hofer said the ordinance amendment was not reviewed by these agencies, but Carnelian-Marine-St. Croix Watershed will require a permit for the trail and will comment then. Scandia Planning Commission November 4, 2025 Page 4 of 6 Rynders, seconded by Fodor, moved to close the public hearing at 7:36 p.m. Motion carried 3-0 Rynders, seconded by Fodor, moved to recommend to the City Council approval of the Shoreland Ordinance amendment to regulations regarding public amenity pervious surface encroachments as proposed. Motion carried 2-1 by roll call vote with Loeffler opposed. The recommendation to approve the ordinance amendment will be presented to the City Council at their meeting on November 18th. Chair Loeffler asked for staff to get feedback from the Watersheds and Washington Conservation District before the City Council meeting. PUBLIC HEARING: AMENDMENT TO THE UNIFIED DEVELOPMENT CODE SECTION 153.300.030 USE SPECIFIC REGULATIONS. ALSO INCLUDES THE CONTINUED ITEM FROM OCTOBER 7, 2025: AMENDMENT TO THE UNIFIED DEVELOPMENT CODE SECTION 153.400.060 LANDSCAPING, BUFFERING AND FENCES At their meeting on October 7, 2025 the Planning Commission tabled an ordinance amendment to add standards to fences located on nonresidential properties. Planner Hofer presented a revised fence ordinance by amending standards for Essential Services – Utility Substation, to allow fences to be exempt from height limitations but not to exceed 10 feet. Additionally, fence standards in Section 153.400.060 were clarified for location and height standards. Rynders, seconded by Fodor, moved to open the public hearing at 7:39 p.m. Motion carried 3-0. There were no public comments. Commissioners were in consensus that the amendments were straightforward. Rynders, seconded by Fodor, moved to close the public hearing at 7:40 p.m. Motion carried 3-0. Rynders, seconded by Fodor, moved to recommend the City Council approve ordinance amendments to the UDC regarding standards for essential services – utility substations and to fences as recommended by staff. Motion carried 3-0 by roll call vote. The recommendation to approve the ordinance amendments will be presented to the City Council at their meeting on November 18th. MEMO ON EXPANSION OF NON-CONFORMING STRUCTURES Planner Hofer introduced a staff memo on expansion of non-conforming structures as requested by Commissioner Rynders. The memo outlined what is allowed in Scandia’s UDC and by state statute. Expansion is allowed for some legal nonconformities with an administrative permit if the Scandia Planning Commission November 4, 2025 Page 5 of 6 nonconformity is not increased. Staff recommended that the administrative permit process be maintained but there could be additional standards in place. Commissioner Rynders stated that the Planning Commission should be reviewing any expansions within setbacks as this results in more disruption and impacts within a setback. An example of an administratively approved building permit for a cabin on 182nd Street was discussed. Rynders said the cabin was enlarged in width – they built a different structure from a variance granted to the property for the original cabin. Planner Hofer explained that the original variance granted to the property years ago allowed the cabin to be 68.9’ from the ordinary high- water level. The new structure was built with a deck 70.4’ and the dwelling 82.3’ away, a farther distance from the OHWL which did not increase the nonconformity. Hofer said the cabin was enlarged with less setbacks and staff found no issues with administrative approval as the UDC allows for. Hofer noted that separate lots under the same ownership were combined so that side setbacks and lot coverage were met. The amount of area disturbed beyond the setback was of no concern and permitted within the setback. There is no limit to the width of the structure allowed as long as it meets side setbacks. Commissioner Rynders said it sounds like expansion can be approved without Planning Commission and City Council, and he is not pleased with this. This expansion dramatically disrupts the land. Administrator Morell said that for older variances, the language “as approved with submitted plans” was not a condition, only a determined setback from OHWL. Planner Hofer said that in terms of how the code is written, this holds no bearing. Chair Loeffler said he agrees with Commissioner Rynders, if an allowed variance with minimal impacts is then expanded with administrative approval, this is not right. Loeffler said it should be documented that the footprint of a structure within the setback cannot be expanded. Commissioner Fodor suggested that some expansion could be allowed proportionate to a reduction of an earlier approved setback. Commissioner Rynders said he is opposed to any expansion of the footprint within the lake setback, as his primary concern is to protect the lake. Rynders said a proposal for an expansion should come back to the Planning Commission to review. Planner Hofer said he understands their point, but the UDC language may not work in the way you it want to. Typically, a Watershed permit is necessary for alteration in shoreland and this can result in raingardens to improve water quality. Administrator Morell said it sounds like the Commission is recommending to remove the administrative permit requirement and bring all expansions of a nonconformity to the Planning Commission and City Council as a way to eliminate your concerns. Scandia Planning Commission November 4, 2025 Page 6 of 6 Planner Hofer said they could direct staff to amend the code or consider other options. Chair Loeffler said that he would like to see any work outside the original encroachment to require a variance; any expansion of a nonconforming structure within a setback would require a variance. Administrator Morell summarized that staff could introduce language to remove the administrative permit process, or continue to discuss alternatives such as additional metrics that could trigger a variance or to limit expansion up to a certain point. Staff will bring this topic back for more review at a future meeting. CITY COUNCIL UPDATES City Administrator Morell reported that at the October 21st meeting, the City Council tabled indefinitely an ordinance which would allow dynamic display signs in certain parts of the city. The Council approved a CUP for the solar project on Mayberry Trail and the extension of CUPs for distribution solar on the Lubke property. FUTURE ITEMS: Next meeting – December 2, 2025 Planner Hofer reported that a septic variance on Larkspur may be ready for the next meeting. The City Council directed staff to research an ordinance for exterior lighting for residential structures based on resident complaints from a particular property. ADJOURNMENT Rynders, seconded by Fodor, moved to adjourn the meeting. Motion carried 3-0. The meeting adjourned at 8:33 p.m. Respectfully submitted, Brenda Eklund, City Clerk