3.a Draft minutes of the September 5, 2017 Planning Commission meeting
September 5, 2017
The Scandia Planning Commission held their regular monthly meeting on the above date.
The following were in attendance: Commissioners Jan Hogle, Travis Loeffler, Tom Noyes and
Dan Squyres. Absent: Commissioner Walt Anderson. 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 7:03 p.m.
APPROVAL OF AGENDA, MINUTES
Noyes, seconded by Loeffler, moved to approve the agenda as presented. The motion
carried 4-0.
Hogle, seconded by Loeffler, moved to approve the August 1, 2017 meeting minutes as
presented. The motion carried 4-0.
PUBLIC HEARING: VARIANCE FROM WETLAND SETBACK FOR A DRIVEWAY
AT 19590 OLINDA TRAIL. BRENT AND JANE KRAUSE, APPLICANTS. (PC
RESOLUTION NO. 09-05-17-01)
Brent and Jane Krause are proposing to build a new home at 19590 Olinda Trail North and have
applied for a variance to construct the driveway closer than the required 75’ setback from a
wetland on the property. The location of the driveway would be 45’ from a wetland based on the
wetland delineation report.
Planner Buss presented her staff report with a review of the request. The 19.47-acre property has
a number of wetlands making it impossible to locate a driveway to Olinda Trail that meets the
75’ setback requirement. The proposed location 45’ from Basin #3 moves the drive further from
a high quality wetland and preserves mature trees on the property making the request consistent
with the goals of the Comprehensive Plan. The Carnelian-Marine-St. Croix Watershed District
and Washington Conservation District voiced their support for this driveway location having the
least impacts. Washington County has approved an access permit for the driveway with
conditions regarding its construction. Fire Chief Hinz recommended the driveway be 12’ in
width and connect to Olinda Trail as close to a right angle as possible for proper sight lines.
Planner Buss summarized the findings to approve the variance request with conditions written
into a resolution.
Chair Squyres reported on the site visit held just prior to the meeting. The Commissioners did
not enter onto the property and no questions were asked at the site visit. Administrator Soltis
stated that he previously met Jay Riggs of the Washington Conservation District on the site for
the Technical Evaluation Panel review of the delineation and it was determined that the area of
wetland Basin #3 met the wetland criteria even through it was not on the National Wetland
Inventory.
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Chair Squyres opened the public hearing at 7:13 p.m. There were no comments and the hearing
was closed.
Commissioner Noyes questioned why wetlands have a 75’ setback. Planner Buss explained that
minimizing development near wetlands protects and preserves the vegetation and habitat of
species found in this environment. The key is the quality of the wetland. Based on a functions
and values assessment, high quality areas would have a greater setback versus a lower quality
wetland, The 75’ setback is an average that is used by communities not basing setbacks on a
classification system. As Riggs noted, the low ranking wetland could have a 20’ setback, so
allowing the driveway to be 45’ away meets the spirit of wetland protection.
Commissioners Hogle and Loeffler stated that they saw no issues with the survey map or staff
recommendation to approve the driveway’s location.
Chair Squyres asked how the recommendation to construct the driveway at a 90° angle to Olinda
Trail could be followed through with. Administrator Soltis said it should be shown on the
grading permit. Krause stated that a 90° entry should not be a problem.
Noyes, seconded by Loeffler, moved to approve PC Resolution No. 09-05-17-01, Approving
a Variance for 19590 Olinda Trail North as presented. The motion carried 4-0.
The recommendation to approve the variance will be presented to the City Council at their
September 19, 2017 meeting.
PUBLIC HEARING: VARIANCES FROM WETLAND, SIDE LOT LINE AND ROAD
RIGHT-OF-WAY SETBACKS FOR A SEPTIC SYSTEM AT 13030 182ND STREET
NORTH. GARY AND MARTHA OLSON, APPLICANTS (PC RESOLUTION NO. 09-05-
17-02)
Gary and Martha Olson are proposing to replace an existing nonconforming septic system on a
0.89-acre parcel at 13030 182nd Street, located within the Shoreland Overlay District of Big
Marine Lake. The existing system does not meet the 75’ setback from a wetland that is adjacent
to Big Marine Lake. The replacement system includes a new tank that would also be within the
setback located farther from the wetland boundary than the existing tanks and a new septic
mound between the home and the road that also requires a variance from the road right-of-way
and the side lot line.
Planner Buss presented her staff report with a summary of the request. The survey shows the
new tank at the rear of the house 53.2’ from the wetland edge, and the mound system up near the
road at 13.5’ from the road right-of-way (40’ required) and 8’ from the side lot line (10’
required). Buss explained that the request is consistent with the Comp Plan as the proposed
location provides additional separation from the wetland over the current septic system, located
33.4’ from the wetland. Pete Ganzel, Washington County, provided technical approval of the
new septic system, and the Watershed also approved of the variance provided that sufficient
erosion control is in place to protect water quality. The Washington Conservation District
recommended a wetland delineation be completed for the site and shown on the certificate of
survey due to the grading activities in the proximity of the wetland. City Engineer Goodman
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noted that the survey should show sufficient clearance along the west lot line for installation of
the sewer line, and show to final elevations so any stormwater runoff would not to be directed
onto adjacent properties.
Planner Buss concluded with approval of the variance with findings and conditions written into a
resolution. The rationale basis is that a septic system is required to support residential use, the
proposed location is an improvement over the existing system, and the practical difficulties are
not caused by the landowner. It is not possible to locate the new septic system on the parcel to
meet all of the required setbacks.
Chair Squyres reported on the site visit held just prior to the meeting. The Commissioners met
with the applicants and noted that the new septic location is in a much flatter area than the
existing system, and that the sewer line may be relocated to run along the side of the garage.
Chair Squyres opened the public hearing at 7:30 p.m.
Dan Manthey, 14633 Old Marine Trail, asked if this property is connected to the 201 community
septic system. He was told that the property is not within the hook-up area and must have its
own septic system.
There were no further comments and the hearing was closed at 7:31 p.m.
Commissioner Noyes questioned the need for a wetland delineation since the new tanks will be
further away from the wetland boundary. Buss explained that Jay Riggs recommended this, but
could be removed from the conditions if determined by the Commissioners. Since an erosion
control plan will be in place before removal of the existing tanks and the City Engineer will
approve the grading plan, the Commissioners were in consensus to remove the requirement for a
wetland delineation.
Loeffler, seconded by Noyes, moved to approve amended PC Resolution No. 09-05-17-02,
Approving a Variance for 13030 182nd Street, with removal of Condition #2 – a wetland
delineation is not required. The motion carried 4-0.
The recommendation to approve the variance will be presented to the City Council at their
September 19, 2017 meeting.
PUBLIC HEARING: MINOR SUBDIVISION KNOWN AS MANTHEY ACRES AT PID
27.032.20.44.0003, LOCATED ALONG OLD MARINE TRAIL. DAN MANTHEY,
APPLICANT
Dan Manthey is proposing to subdivide a 23.6 acre parcel located along Old Marine Trail to
create Lots 1 (5.7 acres) and 2 (5.1 acres) and Outlot A (12 acres). The property is within the
Shoreland Overlay District of Long Lake, a Natural Environment Lake that requires new lots to
be a minimum size of 5 acres.
Planner Buss presented her staff report with a summary of the request. The proposed lots meet
the lot size, frontage and buildable area requirements. The outlot indicates significant areas of
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wetlands with little buildable area. The applicant proposes that the outlot will be combined with
a parcel to the west that he owns. Since the Development Code does not prevent an outlot from
being combined with an adjacent lot, the City Attorney advised that language be in the resolution
of approval to state that the City is not requiring that Outlot A remain part of the subdivision.
Buss explained that the survey showed a shared driveway for Lots 1 and 2, but did not indicate
the setbacks between the proposed driveway and adjacent wetlands to the east and west where a
75’ setback is required. Buss recommended the survey be revised to indicate the setbacks, and
to address the Engineer’s comments to show drainage and utility easements.
Buss recommended approval of the minor subdivision with findings and conditions written into a
resolution. Since the land is not in a search area for parklands, it was recommended to collect a
park fee in lieu of park land.
Chair Squyres reported on the site visit held just prior to the meeting. The Commissioners spoke
with the applicant and land surveyor who indicated that a driveway would not meet a 75’ setback
from the wetland boundaries, but instead may be a distance of approximately 71’. Planner Buss
recommended the Commissioners table the application so that a variance request for the
driveway location could be reviewed at the next meeting or to have the applicant locate an
alternative driveway location that does meet the setbacks.
Chair Squyres opened the public hearing at 7:46 p.m.
Dan Manthey, 14633 Old Marine Trail, applicant: Manthey stated that he initially proposed a
different driveway configuration, but this proposed location resulted in the least tree removal and
was the best solution to preserve habitat. He said he was comfortable delaying action and
applying for a variance. Buss agreed that there is good rationale for a variance, and findings
could be brought back next month for approval of the minor subdivision and variance at the same
time.
Theresa Chwialkowski, 14175 Old Marine Trail, asked what quality were the identified
wetlands. Buss stated that the wetland report is in the meeting materials packet, and she would
include the description in next month’s report. Chwialkowski asked about the outlot. Buss
explained that an outlot is defined as a remnant area and generally not buildable. The applicant
is proposing to combine it with the land to the east in the future through a lot line adjustment,
and there will be documentation of the City’s approval.
There were no further comments and the hearing was closed at 7:53 p.m.
Commissioner Loeffler asked if the quality of the wetlands could affect the approval of a
variance for the driveway. Buss stated that the wetlands may already have been impacted by the
roadway 20’ away, and this will be part of the rationale for a variance.
Loeffler, seconded by Hogle, moved to table the application for Manthey Acres Minor
Subdivision to allow the applicant to apply for a variance for location of the shared
driveway. The motion carried 4-0.
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PUBLIC HEARING: ORDINANCE REPEALING CHAPTER 2, SECTION 4.34 OF THE
DEVELOPMENT CODE – SOLAR FARMS AND COMMUNITY SOLAR GARDENS
At their August 2, 2017 meeting, the City Council voted to repeal the solar farms and community
solar garden ordinance. Administrator Soltis explained the number of factors that the Council
considered, including the uncertainties of environmental impacts. To amend an ordinance
following state law, a public hearing must be held by the planning agency and a recommendation
made to the governing body.
Chair Squyres opened the public hearing at 8:06 p.m. There were no comments and the hearing
was closed.
Commissioner Hogle asked if repeal of the solar ordinance would mean that accessory solar
installations which participate in Xcel’s Community Solar Garden program are prohibited.
Planner Buss said yes, both commercial solar farms and community solar gardens would be
prohibited; however, solar panels would continue to be permitted as accessory uses. Hogle said
she loves the idea of solar energy but hates the look of large projects like the one at Highway 97
and County 15. She said that their small 39 kw installation is much different and she would be
concerned if the repeal would affect small community solar systems.
Administrator Soltis clarified the definition of a community solar garden program as one that
requires subscribers with the generated power going to the grid. Hogle said that it’s possible to
be in this program with a small project having minimal impacts. Buss stated that the accessory
solar system language could be reworked to allow participation in the state community solar
garden program but on a small scale by limiting the size. Hogle agreed that it should be an
accessory use on the property where the primary use is residential or agriculture, and still be able
to participate in the community solar rewards program.
Chair Squyres stated that early market sales of 3 homes in the vicinity of Chisago County’s
Northstar solar project showed no effect on market value of the property. As well, he calculated
that Scandia, producing 20 mW of solar power among the 6 approved installations, more than
meets the total consumption of all the homes in Scandia using energy at peak usage, estimated at
10 mW. Squyres said that he was in favor of repealing the solar ordinance with a change to
allow accessory solar projects to participate in the solar garden program provided they are small
in size – no more big solar installations. He said the solar panels do not agree with Scandia’s
rural, agricultural character, and their job as Commissioners is to do what’s best for Scandia.
Commissioner Loeffler said that he’s heard a good amount of talk on this, and feels like he was
duped by the first solar developer that has yet to install screening, and made changes to the
equipment and fence. He said he has lost his trust in the developers. Buss explained that the
first solar garden installation did not require intense screening from the roadway, and the Council
members felt strongly that Scandia should be proud to show the progressiveness of green energy.
Commissioner Noyes said that it appears with all the regulations and cost, the projects are
prohibitive anyway and there may not be any more. Buss stated that inquiries from developers
have pretty much gone away.
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Noyes, seconded by Hogle, moved to recommend to the City Council a repeal of the solar
farm and community solar garden ordinance, and that the City consider an ordinance
amendment to allow accessory solar installations to participate in the community solar
garden program. The motion carried 4-0.
The recommendation to repeal the solar ordinance will be presented to the City Council at their
September 19, 2017 meeting.
PUBLIC HEARING: 2018-2022 CAPITAL IMPROVEMENT PLAN
Administrator Soltis explained that biennial review of the Capital Improvement Plan results in a
recommendation from the CIP Committee for capital improvement projects identified in the next
5 years. The role of the Planning Commission is to determine if the projects are in compliance
with the comprehensive plan. Most of the CIP includes the purchase of equipment and vehicles
which are at the end of their useful lives. Soltis explained the 2 projects that are not equipment
related and subject to review for consistency with the comprehensive plan.
Lilleskogen Park Improvements as a goal to develop existing parcels as a part of
Scandia’s park system.
o Park Shelter in 2018 -- $15,000
o Other undesignated in 2020 -- $10,000
Road Project as a goal to maintain Scandia’s system of local roadways.
o Reclaim and repave in 2018 -- $6,500,000
o Mill and overlay in 2020 -- $620,000
o Mill and overlay in 2021 -- $450,000
o Mill and overlay in 2022 -- $320,000
Chair Squyres opened the public hearing at 8:46 p.m. There were no comments and the hearing
was closed.
Squyres commented that the comprehensive plan supports both parks and roads, and that funding
sources are addressed.
Loeffler, seconded by Noyes, moved to approve the improvements in the 2018-2022 Capital
Improvement Plan as being consistent with the 2008 Comprehensive Plan as drafted. The
motion carried 4-0.
CHANGE TO MEETING AGENDA
Hogle, seconded by Squyres, moved to table Agenda Items 9b) Discussion on Shoreland
Management Ordinance and 9c) Changes to development code to provide concept review of
projects, to a future meeting. The motion carried 4-0.
DISCUSSION OF CHANGES TO RURAL EVENT FACILITY ORDINANCE
Planner Buss explained that during the recent review of Jeff Gacek’s Annual Operating Permit
for Redeemed Farm, the Council recommended that the Planning Commission review the
ordinance for an option to allow the annual review to be completed through an administrative
process. Buss presented a revised ordinance with language that an Administrative permit
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process may be used, but if the City’s inspection indicates non-compliance with the AOP or IUP
conditions, the permit application will be reviewed by the Council.
There was consensus among the Commissioners to hold a public hearing on an amendment to the
Rural Event Facility ordinance at their October 3rd meeting.
Buss noted that Gacek has applied for an amendment to his IUP to increase the guest count that
will also be held at the October 3rd meeting.
ITEMS FOR FUTURE AGENDAS
Chair Squyres said the Commission will discuss an ordinance amendment to allow accessory
solar installations to participate as a community solar garden program. Soltis noted that
information on the Comprehensive Plan will begin to be presented next month.
ADJOURNMENT
Loeffler, seconded by Noyes, moved to adjourn the meeting. The motion carried 4-0.
The meeting adjourned at 9:05 p.m.
Respectfully submitted,
Brenda Eklund
Deputy Clerk