07-11-2017 Planning Commission
July 11, 2017
The Scandia Planning Commission held their regular monthly meeting on the above date.
The following were in attendance: Commissioners Walt Anderson, Jan Hogle, Tom Noyes and
Dan Squyres. Absent: Commissioner Travis Loeffler. Staff present: City Administrator Neil
Soltis, City Planner Sherri Buss and Deputy Clerk Brenda Eklund. Council member Chris Ness
was also in attendance.
Chair Squyres called the meeting to order at 7:00 p.m.
APPROVAL OF AGENDA, MINUTES
Noyes, seconded by Hogle, moved to approve the agenda as presented. The motion carried
4-0.
Hogle, seconded by Noyes, moved to approve the June 6, 2017 meeting minutes as
presented. The motion carried 4-0.
PUBLIC HEARING: SITE PLAN REVIEW AND VARIANCE VARIANCE FROM
REAR YARD SETBACK FOR EXPANSION AND SITE IMPROVEMENTS AT 14351
SCANDIA TRAIL NORTH, SCANDIA ELEMENTARY SCHOOL. MARC DUBOIS,
PROJECT ARCHITECT, APPLICANT. (PC RESOLUTION NO. 07-11-17-01)
Marc Dubois, Project Architect with KOMA, on behalf of Forest Lake Area Schools, has
requested a Site Plan Review to allow expansion and renovation of the Scandia Elementary
School and the construction of related site and drainage improvements. The proposed expansion
requires a Variance to permit replacement of a nonconforming retaining wall within the rear lot
line setback.
Planner Buss presented her staff report and explained that the school was constructed in 1970;
however the original Conditional Use Permit granted at that time could not be located to
determine if an expansion would require a CUP amendment. Since the property is currently
zoned VMU B where schools are an allowed use, the City Attorney determined that the proposed
project requires a Site Plan Review for a Major Project, rather than a Minor Project, because it
requires a Variance and is subject to the Architectural Design Guidelines. The project includes
the addition of a new mechanical room on the east side of the building, new windows and
exterior wall improvements, and site and drainage improvements including extension of the
existing roadway around the building, new storm sewer pipes, and a new biofiltration basin. The
variance is needed to replace a failing retaining wall to the south of the building and within the
50-foot rear setback that was removed to prepare for the expansion and will be replaced in the
same location
Planner Buss explained the comments from the City Engineer related to requirements for a
lighting plan, ADA pedestrian access, and stormwater management. The County Health
Department will require the School District to apply for a septic system operating permit. The
Carnelian-Marine Watershed District will require a permit for grading and erosion control. Buss
explained how the exterior improvements can meet many of the Design Guideline requirements
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by being consistent with the materials and design of the original structure built in 1970, and
asked the Commissioners to determine if the elements are acceptable with the style of the
building, or if they recommend changes in the building design and materials to meet the
guidelines.
Planner Buss concluded with findings that determined approval of the project as meeting the
goals of the Comprehensive Plan. Replacing the retaining wall in the same location within the
rear setback is the least impactful in order to minimize new grading and potential impacts to the
trees and screening. A resolution with 18 conditions, many related to the Engineer’s review of
the project, was prepared.
Chair Squyres opened the public hearing at 7:19 p.m.
Dave Ledo, 14511 Oakhill Road, said that he lives adjacent to the school’s playground and asked
if there will be any issues with drainage from the site going eastward to his property.
Administrator Soltis explained that there will be a biofiltration basin constructed east of the ball
field to control drainage and then direct any runoff to the west. This will improve drainage on
the site and reduce the potential for going towards Ledo’s property.
There were no further comments and Chair Squyres closed the hearing at 7:19 p.m.
Commissioner Hogle said that the addition looks consistent with the rest of the building and
updating to something different would look odd. Commissioner Anderson asked for an
explanation of the metal roofing panels being added to screen the air conditioning equipment,
and agreed that the improvements will look fine.
Noyes, seconded by Anderson, moved to approve PC Resolution No. 07-11-17-01,
Approving a Site Plan and Variance for Scandia Elementary School, with the conditions as
presented. The motion carried 4-0.
The recommendation to approve the site plan and variance for Scandia Elementary will be
presented to the City Council at their meeting on July 18, 2017.
PUBLIC HEARING: VARIANCE FROM THE FRONT YARD SETBACK FOR AN
ACCESSORY STRUCTURE AT 21203 LOFTON AVENUE. KEVIN AND ANNA
GONZALES, APPLICANTS. (PC RESOLUTION NO. 07-11-17-02)
Kevin and Anna Gonzales have applied for a variance to construct a 40’x 50’ accessory structure
closer to the road right-of-way than the principal building at 21203 Lofton Avenue, a 34.6 acre
parcel which is divided by Lofton Avenue. The building would be constructed 78 feet from the
right-of-way, which does not meet the required 200’ setback for properties greater than 5 acres
when placed closer to the road than the house.
Planner Buss presented the staff report with an analysis of the request. A location that would
meet setbacks would impact mature wooded areas and existing wetland areas on the property.
Since the parcel is divided by Lofton Avenue, it is not practical to locate the structure on the
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west side of Lofton because the parcel could be subdivided in the future leaving an accessory
building on a parcel without a primary structure. Buss noted that neither the County nor City
Engineer had any objections to the request. There is some existing vegetation to the north and
along Lofton Avenue, and Buss asked the Commissioners to determine if additional screening of
the building would be necessary based on their observations at the site visit.
Planner Buss presented findings granting approval of the Variance with conditions written into a
resolution. Buss explained that the practical difficulties are caused by the location of the existing
mature trees and wetlands on the parcel, and is consistent with the Comp Plan goals to maintain
rural views.
Commissioner Hogle stated that she lives directly north of the Gonzales’ and the existing
screening is fine, especially since the building will be below the grade of the roadway.
Chair Squyres opened the public hearing at 7:34 p.m. There were no comments and the hearing
was closed.
Commissioner Anderson asked about the color and height of the building. Mr. Gonzales
explained that it will be stick built with brown vinyl siding and brown trim. Their house is
finished with cedar siding with brown trimmed windows and doors. The sidewalls measure 14’
with a finished height of 21’.
Commissioner Squyres said that the woods behind the house, although large pine trees, are not a
natural forest of high quality. He asked if it would be acceptable to have the building here even
though it would be more costly to prepare the building site, since it would only be disturbing
trees of low value. Planner Buss explained that the Comp Plan does not make a distinction of the
value or quality of woodlands, only that they are an important part of the landscape being either
planted or native. It would be a question of judgement to cut down the trees for the building site;
however, they do provide screening for the property to the east. The applicants explained that
they did some clearing of trees in the rear and it didn’t look good, especially with the climb in
elevation here. Squyres agreed that it would not make a great plan to take out so many trees.
Commissioner Anderson said he was concerned about the height of the building and its visibility.
The contours of the site were viewed and determined that the building would be approximately
8’ below the grade of the house and the road. Commissioner Hogle said that the existing trees
provide about 90% screening and the conifers will continue to grow in. She said she had no
concerns about visibility, especially as a neighbor to the property.
Although the applicants indicated they will use brown vinyl siding and the code does not require
them to match the materials of the cedar-sided house, the Commissioners agreed that a condition
be added that the materials used for the accessory structure be complimentary in color to the
primary structure.
Hogle, seconded by Anderson, moved to approve PC Resolution No. 07-11-17-02,
Approving a Variance for 21203 Lofton Avenue, as amended with an added condition that
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the materials used for the accessory structure be complimentary in color to the primary
structure. The motion carried 4-0.
The recommendation to approve the Variance for 21203 Lofton Avenue will be presented to the
City Council at their meeting on July 18, 2017.
PUBLIC HEARING: VARIANCE FROM THE SIDE YARD SETBACKS FOR
CONSTRUCTION OF A SINGLE-FAMILY RESIDENCE AT 18526 LANGLEY
AVENUE. JEFFREY BIERMAIER, APPLICANT. (PC RESOLUTION NO. 07-11-17-03)
Jeffrey Biermaier is proposing to build a new home on a 0.21-acre parcel located at 18526
Langley Avenue, within the Shoreland Overlay of Big Marine Lake. A variance from the
minimum 10’ side yard setback is needed to locate the home 3’ from the south parcel boundary
and 7’ from the northern boundary.
Planner Buss presented her staff report with a review of the request. The City owns the vacant
parcel to the south which Mr. Biermaier requested to purchase and combine with his lot to make
it conforming, but that is not possible because the lot was conveyed to the City for use as a road
via tax forfeiture and, if the use ceases, the land reverts back to the State. Buss explained that the
applicants are proposing to build a modest house and meet all other setbacks and lot coverage.
The proposed site plan was viewed. Mr. Biermaier stated he plans to revise the survey to move
the house an additional 9’ back from the roadway so as not to block the neighbor’s view and that
with the additional length of the driveway the lot coverage will still be below the 25% maximum.
Commissioner Anderson suggested that the City buy the lot from the State, then sell it to Mr.
Biermaier to eliminate the need for a variance. Planner Buss advised that this could be a lengthy
process as property transfers are not easy, and the request does meet the criteria for a variance.
Planner Buss concluded with a recommendation of approval with findings and conditions
presented in a resolution. A new survey is required to show the revised house location, along
with the location of the well and septic tanks.
Chair Squyres opened the public hearing at 8:02 p.m.
Jeffrey Biermaier, Applicant explained that he will remove all the existing old buildings on the
lot, and the neighbors he spoke with are pleased that there will be a full-time residence here. In
addition, the neighbor to the north is agreeable to the revised location of the house.
There were no further comments and Chair Squyres closed the hearing at 8:04 p.m.
Noyes, seconded by Anderson, moved to approve PC Resolution No. 07-11-17-03,
Approving a Variance for 18526 Langley Avenue, as amended with language that the road
right-of-way setback of 49’ is shown on the survey. The motion carried 4-0.
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The recommendation to approve the Variance for 18526 Langley Avenue will be presented to the
City Council at their meeting on July 18, 2017.
PUBLIC HEARING: VARIANCE FROM THE FRONT YARD SETBACK FOR A
SOLAR ARRAY AT 15610 PILAR ROAD NORTH. JEFF AND PAULA SANDSTROM,
APPLICANTS. (PC RESOLUTION NO. 07-11-17-04)
Jeff and Paula Sandstrom have applied for a variance to locate a solar array closer to the road
right-of-way than the principal building at their residence of 15610 Pilar Road North, a 25.98-
acre parcel located in the General Rural zoning district. The solar array will be an accessory use
to the residential building on the property and needs to comply with the standards for accessory
structures in the Development Code.
Planner Buss presented her staff report with a review of the request. The property is heavily
wooded and the only reasonable site is the meadow area near the road so that the solar panels can
receive adequate sunlight for operation. The roof structure of the house does not permit a
rooftop system. The site plan shows the solar array located approximately 60 feet from the
centerline of Pilar Road. Since no dedicated right-of-way exists along Pilar Road, the City
Engineer recommended a condition that 33’ of right-of-way from the center line of Pilar Road
and a 10’ drainage and utility easement be dedicated to the City and that the panels and related
equipment must be placed at least 73’ from the centerline to meet the 40’ setback for primary
structures. Planner Buss explained that additional screening could be required if the
Commissioners recommend so based on their site visit.
Planner Buss concluded with a recommendation of approval as the request meets the criteria for
a variance and is a reasonable use. A resolution with findings and conditions of approval was
prepared.
Jeff Sandstrom stated that a more accurate site plan was prepared to show the panels and
equipment sited 110’ from the centerline, and plans show the height of the solar panels to be
under 10’. He will forward the new plan to staff.
Chair Squyres opened the public hearing at 8:16 p.m.
Scott Graven, 22811 Perkins Avenue, said that he has no concerns about the solar panel
installation as the Sandstroms have a very well kept property and do things first class.
Jeff Sandstrom, Applicant, said that he is transplanting small trees to screen from the roadway,
and will continue to do this once construction of the array is completed. Meters and equipment
will be at the solar racks or underground and not in the easement.
There were no further comments and Chair Squyres closed the hearing at 8:20 p.m.
Commissioner Noyes said this is a good spot for the panels and the existing and future screening
will be good. Commissioner Anderson recommended language be added to condition #4 for
added screening to fill in the existing vegetation.
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Noyes, seconded by Hogle, moved to approve Resolution No. 07-11-17-04, Approving a
Variance for 15610 Pilar Road, with amended language for added screening. The motion
carried 4-0.
The recommendation to approve the Variance for 15610 Pilar Road will be presented to the City
Council at their meeting on July 18, 2017.
REVIEW OF DNR MODEL SHORELAND ORDINANCE FOR UPDATE OF
ORDINANCE NO. 107
Planner Buss explained that the DNR has offered newer guidance regarding solar gardens within
shoreland. The DNR guidelines now allow solar gardens in the shoreland districts around
development and recreational lakes based on listed criteria. Solar gardens remain prohibited in
the shoreland district of natural environment lakes. Buss stated that as the Commissioners work
to update the City’s shoreland ordinance, this guidance may be incorporated or they may
recommend stricter regulations.
The Commissioners agreed to table discussion of the shoreland ordinance update to a future
meeting.
DISCUSSION ON SIGN STANDARDS
Chair Squyres requested a discussion of the sign ordinance to determine if the fluttery flag-type
signs are allowed for business advertising. Planner Buss stated that they are not; however they
are not considered permanent signage noted Administrator Soltis. Squyres said he had concerns
that they are not going to be temporary and thought this should be communicated to the
businesses. Soltis will provide photos of the signs for future discussion.
ITEMS FOR FUTURE AGENDAS
Chair Squyres asked that a Planning Commission Concept Plan Review for large projects be
discussed. Planner Buss stated that she will prepare language for an ordinance that addresses
concept plan review for commercial, industrial and institutional uses. Commissioners agreed
that there is value to the developer to guide their projects as to what the City is looking for early
on in the process.
ADJOURNMENT
Squyres, seconded by Anderson, moved to adjourn the meeting. The motion carried 4-0.
The meeting adjourned at 8:47 p.m.
Respectfully submitted,
Brenda Eklund
Deputy Clerk