3.a November 5, 2008 minutes draft Th
November 5, 2008
The Scandia Planning Commission held their regular monthly meeting on the above date. The
following were in attendance: Chairman Chris Ness, Commissioners Torn Krinke, Christine
Maefsky, Susan Rodsjo, Peter Schwarz and City Planner Sherri Buss, Chairman Ness called the
meeting to order at 7:30 p.m.
APPROVAL OF AGENDA, MINUTES
Commissioner Rodsjo added a discussion of the formation of a design standards committee.
Commissioner Schwarz, seconded by Commissioner Krinke, moved to approve the agenda
as amended. The motion passed unanimously.
Commissioner Schwarz, seconded by Commissioner Rodsjo, moved to approve the October
7, 2008 regular meeting minutes. The motion passed unanimously.
Commissioner Schwarz, seconded by Commissioner Krinke, moved to approve the October
22, 2008 special meeting minutes. The motion passed unanimously.
TOM AND LISA STANEK—VARIANCES FOR NEW CONSTRUCTION, CONTINUED
The public hearing on the application of Tom and Lisa Stanek for variances including lot size
and lot setback to construct a new home on a vacant lot located at 19107 Layton Avenue was
continued from the September 2"d meeting.
Administrator Hurlburt gave a summary of a meeting held on September 23rd for the purpose of
discussing the long-term status of the 201 collector system. The conclusions determined that the
sewer system has capacity to serve the proposed new home.
City Planner Buss presented the planner's report which recommended approval of the variances
with findings and conditions which were incorporated into a draft resolution.
Commissioner Schwarz asked for clarification that lot coverage does not exceed 25% and the
building height is less than 35 feet. Building Official Thorp confiiined that the proposed
construction meets the ordinance.
Commissioner Krinke asked for details which lessened the lot coverage from a previous
submission. The Applicant's builder explained that the driveway was narrowed, the size of the
garage reduced and the permeable paver issue resolved. Lot coverage is under 25%.
Commissioner Maefsky asked if the drainage issue has been considered, as neighboring property
owner Brad Bergo felt a structure on this lot would lead to flooding onto his property. Mr.
Stanek replied that topographical maps show that natural drainage will not be altered.
Installation of rain gardens will enhance the drainage.
Commissioner Schwarz asked for confirmation that the house will be above the OHW, which
Stanek's architect confirmed.
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November 5,2008
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Chairman Ness opened the public hearing.
Liz Kramer, 19126 Layton Avenue: Ms. Kramer addressed a comment to Mr. Stanek which
Chairman Ness ruled to be out of order.
Brad Bergo, 19123 Layton Avenue: Mr. Bergo asked for an explanation of lot coverage
calculations. Planner Buss stated that coverage is determined electronically and does not exceed
25%.
Chairman Ness closed the public hearing.
Commissioner Schwarz moved to approve draft Resolution 11-05-08-04 Approving the Variance
Request for 19107 Layton Avenue. For purpose of discussion, Chairman Ness seconded the
motion.
Chairman Ness stated that he was opposed to granting the variances for new construction. He felt
this would set a precedent for future new construction, and cited that in the past, most variances
were granted to lots which already had existing structures.
Commissioner Maefsky also stated opposition, as the applicant was aware of the small lot size
when he purchased it, and does not feel that a hardship can be justified. Commissioner Maefsky
stated concerns of the questionable capacity of the 201 sewer system, and cited a letter submitted
by David Berg which questioned how development can be allowed on a substandard lot.
Commissioner Rodsjo stated opposition due to the potential detrimental effects new construction
could have on lake quality, and that the owner was aware of the small lot size when purchased.
Commissioner Krinke, also opposed, felt this was too much house for too little of a lot. The
magnitude of the variance request for lot size, near 90%, is not reasonable. This is an example of
a large house being shoehorned into a small lot. Protection of lakes and streams should factor
into the Commission's decision.
Chairman Ness asked for a vote on Commissioner Schwarz's motion to approve the variance
request. Voting yes: Schwarz. Voting no: Rodsjo, Ness, Maefsky, Krinke. Motion failed.
Chairman Ness, seconded by Commissioner Krinke, moved to recommend to the City Council to
deny draft Resolution 11-05-08-04 with the following findings: 1) It is a vacant lot with no pre-
existing structure; 2) The size of the lot was known when purchased; 3) There is potential
negative impact to lake quality; and 4) The size of the house is too large for the small lot. Voting
yes: Rodsjo, Ness, Maefsky, Krinke. Voting no: Schwarz. Motion passed.
JIM AND NANCY HERMES — MINOR SUBDIVISION AND VARIANCE IN KIRKHILL
ESTATES
City Planner Buss summarized the request submitted by applicants Jim and Nancy Hermes. They
have requested a minor subdivision to create two parcels, which also requires a variance to
exceed the maximum 4 per 40 density for property located at 22577 Kirk Avenue. The property
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November 5,2008
Page 3 of 3
was once two separate lots as part of the Kirkhill Estates subdivision (Lots 6 and 7, Block 2)
when platted in 1972. The two lots were combined into one 4.6 acre parcel in 1995 by the
applicants for tax purposes. The proposed Parcels A and B are each 2.3 acres in size. Zoning
regulations have changed since the original subdivision. Planner Buss recommended approval of
both the minor subdivision and variance based on findings outlined in a draft resolution.
Chairman Ness opened the public hearing. There were no comments and the hearing was closed.
Commissioner Maefsky asked for clarification of the County's soil reports.
Commissioner Schwarz asked for verification that the request meets the minor subdivision
ordinance. City Attorney Hebert stated that the request fits the intent of the ordinance.
Commissioner Maefsky, seconded by Commissioner Rodsjo, moved to recommend to the City
Council to adopt Resolution 11-05-08-05 Minor Subdivision and Variance Request for 22577
Kirk Avenue. The motion passed unanimously.
DESIGN STANDARDS COMMITTEE
Commissioner Rodsjo addressed the need for the formation of a Design Standards Committee for
commercial buildings within the Village Center, Village Neighborhood and Rural Commercial
Nodes. This committee would create a guideline for standards to be incorporated into the
updated ordinance following the adoption of the new comprehensive plan. It was proposed to
have representation from the Planning Commission and Council and to advertise for volunteers
who have expertise in architectural standards. Commissioners Rodsjo and Maefsky expressed
interest in serving on this committee. Administrator Hurlburt will prepare a press release asking
for volunteer service, to be sent to professional organizations.
WILLOWBROOK COMMUNITY CHURCH — FINAL ACTION ON CUP
The review period for Willowbrook Community Church's application for a Conditional Use
Permit for a place of worship on a 40.5 acre site west of 11262 Scandia Trail will expire on
November 17, 2008. The applicant has not fulfilled the conditions outlined in Resolution 03-05-
08-03 which set criteria for approval of a CUP. A revised site plan was requested, along with
screening, landscaping and lighting plans. Willowbrook Church appears to have abandoned their
plan to construct a church at this site.
Commissioner Schwarz, seconded by Commissioner Maefsky, moved to recommend to the City
Council to adopt Resolution 11-05-08-06 Denying Application by Willowbrook Church for a
Conditional Use Permit. The motion passed unanimously.
Commissioner Krinke, seconded by Commissioner Rodsjo, moved to adjourn.
The meeting adjourned at 8:40 p.m.
Respectfully submitted,
Brenda Eklund
Deputy Clerk