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4. Draft minutes 10-06-2020 Planning Commission October 6, 2020 The Scandia Planning Commission held their regular monthly meeting on the above date with modifications. Due to the health advisory issued by the State regarding the COVID-19 outbreak, to avoid public gatherings and limit social contact, the meeting was conducted over an electronic platform. All Planning Commissioners, staff, and participants who joined the meeting remotely could hear each other and contribute to discussions. City Administrator Cammilleri and City Clerk Eklund were present in the Council Chambers. Cammilleri was the presenter and displayed the meeting materials for participants to view on their remote screens. Chair Dan Squyres called the meeting to order at 6:03 p.m. Roll call was taken. The following were participants to the meeting: Commissioners Jan Hogle, Travis Loeffler, Perry Rynders and Chair Dan Squyres. Commissioner Greg Amundson arrived at 6:25 p.m. Staff present: City Planner Evan Monson, City Administrator Ken Cammilleri, City Clerk Brenda Eklund. Council member Jerry Cusick was also a participant to the virtual meeting. APPROVAL OF AGENDA, MINUTES The order of the agenda was modified to collect public comments as Agenda Item #4. Rynders, second by Loeffler, moved to approve the agenda as amended. Motion unanimously carried by roll call vote. Loeffler, second by Rynders, moved to approve the September 1, 2020 minutes as presented. Motion unanimously carried by roll call vote. PUBLIC FORUM No public comments were made. PUBLIC HEARING – VARIANCE TO CONSTRUCT AN ACCESSORY STRUCTURE ON PROPERTY WITH NO PRIMARY RESIDENCE ACROSS FROM 18941 LAYTON AVENUE NORTH. HAROLD AND CYNTHIA JOHNSON, APPLICANTS. PC RESOLUTION NO. 2020-16 Cynthia and Harold Johnson are seeking to construct a garage on vacant property which they own across the street from their residence at 18941 Layton Avenue North, to be used to store personal vehicles and items. The two vacant lots would be combined to total 100 feet in width. The applicants had an attached garage at their residence which was recently converted to living space. The 18941 property is close to the impervious surface limit and not feasible to have a garage built on this property. A variance is needed from Development Code Chapter 2, Section 3.2(2)(A) that reads “no accessory structure shall be constructed on a lot prior to construction of the principal structure on the lot.” Planner Monson described the request and the applicants’ rationale that building a garage on the small lot would be the best use of the property due to limits of the city sewer capacity in adding residences. The applicants noted that they are able to meet all setback and lot coverage requirements with the proposed garage. Monson described the Engineer’s comments to acquire a 10’ wide drainage and utility easement along the south lot line, and to delineate the wetland area October 6, 2020 Scandia Planning Commission Page 2 of 9 between the roadway and proposed garage. The Watershed District noted the project will require a permit for stormwater management and erosion control. Planner Monson identified the criteria for approving a variance request, and noted that not all could be met. Building a garage on a vacant parcel would not be in harmony with the Comprehensive Plan or the intent of the official controls, nor a reasonable use of the property. Some of the practical difficulties identified by the landowner, such as not having a garage, were created by the owner when an existing garage at their residence was converted into living space. The minimum action required to eliminate the practical difficulties could likely be better addressed through a variance permitting a garage on the same lot as the residence. Because the findings could not support approval, Monson concluded with a recommendation to deny the variance request. City Administrator Cammilleri explained that this neighborhood is served by the Bliss sewer system which is not at capacity as is the Anderson-Erickson system on the east side of the Bid Marine Lake. Chair Squyres opened the public hearing at 6:19 p.m. LouAnn Marshman, 18975 Layton Avenue, stated that the home they moved to in 2018 does have a garage across the street. The existing home had an attached garage that was converted into living space before they purchased it. Cindy Johnson, applicant, provided written comments in response to the staff report to contest the findings. Ms. Johnson added that the County does allow non-contiguous parcels to be combined, had concerns about the drainage easement, and questioned the wetland delineation requirement. She said that they will move the garage as far from the area as needed to avoid this wetland. Ms. Johnson said that there are existing situations in the neighborhood with garages across the street and this would not be setting a precedence. There were no further comments and Chair Squyres closed the meeting at 6:27 p.m. Chair Squyres questioned the statement that the roadway negates defining the lots as contiguous once they are combined with 18941 Layton Avenue. Administrator Cammilleri explained the legal judgement that in order to be considered contiguous, the street would need to be vacated. Combining lots at the tax level is different from the ordinance definition, and this would not be considered a contiguous lot. Chair Squyres stated his disagreement. The Commissioners discussed the request, with Chair Squyres saying he could see no negative effect in this neighborhood by approving it. Loeffler stated that they try to create lots that are more in compliance when approving variance requests, which combing the lots would do; he would rather see less homes in the neighborhood. Cammilleri said that in zoning practice, contiguous definition matters; this could open the door to more garages on parcels across roadways. Hogle noted that this is not the norm but does happen, also existing around Bone Lake. Planner Monson added that they must apply the development code as it is written today; October 6, 2020 Scandia Planning Commission Page 3 of 9 garages on vacant lots happened in the past. Squyres said the garage is the best use for this piece of land. Regarding the Engineer’s comment to acquire a 10’ drainage easement, Cammilleri said if declined, the City will take no future responsibility for it. Ms. Johnson said that’s fine; it’s not on their property, it’s privately owned, and they are not worried about flooding. Squyres moved to recommend approval of the variance with the condition that the two vacant lots are combined with the primary residence. Staff recommended tabling the request to allow preparation of a resolution with proper findings to support the variance. Commissioners noted that they would find it challenging to go against the attorney’s interpretation. Squyres withdrew his motion for lack of support. Commissioners discussed making changes to the ordinance language that would allow non- contiguous parcels to have accessory structures. The applicants could reapply for a garage under the amended ordinance. Rynders, second by Hogle, moved to adopt PC Resolution No. 2020-16, Denying a Variance for Parcels 31.032.20.11.0001 and 31.032.20.11.0002. The motion carried 4-1 by roll call vote with Squyres opposed. The recommendation to deny the variance will be presented to the City Council at their meeting on October 20, 2020. Squyres, second by Amundson, moved to direct staff to research an ordinance change to allow non-contiguous parcels within a reasonable distance to be combined in order to permit the non-contiguous lot to support an accessory structure. The motion carried 4-1 by roll call vote with Rynders opposed. PUBLIC HEARING – VARIANCE FROM THE MINIMUM SIDE PROPERTY LINE SETBACKS TO CONSTRUCT A NEW RESIDENTIAL STRUCTURE AT 18657 LAMAR AVENUE NORTH. MICHAEL WERB, APPLICANT. PC RESOLUTION NO. 2020-17 Michael Werb recently acquired property at 18657 Lamar Avenue and is seeking to remove an existing house that straddles the adjoining property to the south in order to build a new residence on the parcel. Lot F has a width of approximately 45 feet, and is 0.20 acres in size. The proposed house at 30 feet wide requires a variance from the 20 feet side setback, and would be placed within 7 feet from both the north and south side property lines. The parcel to the south was purchased by Mr. Werb’s sibling, who is also looking to build her own house on Lot G once the existing house is removed. Planner Monson presented the staff report and explained the applicant’s rationale that he is asking for as minimal request as possible; the house is designed to meet all other setbacks and lot October 6, 2020 Scandia Planning Commission Page 4 of 9 coverage. The Engineer will require a grading permit, as will the Watershed District for stormwater and erosion control. Planner Monson identified the criteria for approving a variance request. Residential use is a reasonable use of the property, it would not alter the character of the area, the practical difficulties of the substandard lot are not caused by the landowner nor economic in nature, and a 1,490 square foot home is modestly sized for the lot. Monson concluded with a recommendation to approve the variance for side lot line setbacks with findings and conditions presented in a resolution. Administrator Cammilleri explained that the requirement for a vegetation management plan should be added to Condition #3, to address the Engineer’s comments on loss of tree canopy which could result in runoff down the bluff. There should be preservation of as much tree canopy as possible to reduce the volume of water runoff, especially within shoreland districts. Chair Squyres opened the public hearing at 7:49 p.m. Chair Squyres read the written comments, submitted as unsigned, addressing both variance requests on Lamar Avenue, who was concerned that the lots were too small to build on and would negatively impact the neighborhood. Mike Werb, applicant replied that it is not their intention to devalue the neighborhood; they are building a nice home, they have family members already living on Layton Avenue, and will contribute to the neighborhood as a family unit. Jeff Biermaier, Langly Avenue, said he is a relation -- the homes will be new and constructed as an appropriate size for the neighborhood. He noted that Craig Wilcox lives next door to these properties on Lamar Avenue and is in favor of allowing the variances. Mary Baratto, 18602 Lamar Avenue, asked if it was against the ordinance to allow a garage to be closer to the street than the primary residence on the south Lot G. Monson said the garage will be addressed with next discussion on the adjacent lot. LouAnn Marshman, 18975 Layton Avenue, asked if lot coverage would be exceeded with a 2,000 square foot home. It was clarified that the walkout rambler house will have a 1,000 square foot foundation and meets lot coverage. Cindy Johnson, 18941 Layton Avenue, said it’s a travesty that the construction at 18590 Langly Avenue is causing runoff and flooding from the springs on the bluff, and warned of digging into the bluff area. Mr. Beirmaier said that the springs shouldn’t be an issue on these lots; the construction will be outside of the bluff. There were no further comments and Chair Squyres closed the hearing at 8:02 p.m. Commissioner Amundson said he likes the plan and it is the best use for the two parcels. The springs can be handled with a French drain system, and will be different than the construction up the street. October 6, 2020 Scandia Planning Commission Page 5 of 9 Chair Squyres questioned how the 2 lots in the same ownership, one with a cabin and one with a garage, could have been sold as separate parcels – shouldn’t they have been combined at the sale? City Administrator Cammilleri explained that he spoke with the County and it appears there were no barriers to prevent the sale. Chair Squyres addressed the concerns in the written letter, and concluded that the many of the concerns are not warranted. Commissioner Hogle said the proposed homes have a reasonable footprint for the property and not oversized – a modest home fits on a modest lot. Parking appeared to be adequate for those vehicles that attended the site visit, and it is legal to park on the roadside. Amundson, second by Hogle, moved to adopt PC Resolution 2020-17, Approving Variances for Parcel 31.032.20.14.0100 located at 18657 Lamar Avenue North, with the addition of a vegetation management plan to Condition #3. Motion carried 5-0 by a roll call vote. The recommendation to approve the variance will be presented to the City Council at their meeting on October 20, 2020. PUBLIC HEARING – VARIANCE FROM THE MINIMUM SIDE PROPERTY LINE SETBACKS TO CONSTRUCT A NEW RESIDENTIAL STRUCTURE AT 18643 LAMAR AVENUE NORTH. BRENDA WALKER, APPLICANT. PC RESOLUTION NO. 2020-18 Brenda Walker recently acquired property at 18657 Lamar Avenue and is seeking to remove an existing house that straddles the adjoining property to the north in order to build a new residence on the parcel. The applicant would like to retain the existing detached garage on the property. Lot G has a width of approximately 45 feet, and is 0.204 acres in size. The proposed house at 30 feet wide requires a variance from the 20 feet side setback, and would be placed within 7 feet from both the north and south side property lines. The parcel to the north was purchased by Ms. Walker’s sibling, who is also looking to build his own house on Lot F once the existing house is removed. Planner Monson explained that this is essentially the same request as the variance just approved for 18657 Lamar Avenue. The applicants are considering connecting the existing garage to the home with a breezeway. The comments from the City Engineer and Watershed require that grading, stormwater and erosion control permits be issued for the construction. Planner Monson identified the criteria for approving a variance request. Residential use is a reasonable use of the property, it would not alter the character of the area, the practical difficulties of the substandard lot are not caused by the landowner nor economic in nature, and a 1,053 square foot home is modestly sized for the lot. Monson concluded with a recommendation to approve the variance for side lot line setbacks with findings and conditions presented in a resolution. City Administrator Cammilleri noted that the length of the proposed breezeway will affect lot coverage as this was not shown or calculated on the survey. October 6, 2020 Scandia Planning Commission Page 6 of 9 Chair Squyres opened the public hearing at 8:24 p.m. There were no comments and Chair Squyres closed the hearing. Planner Monson explained that the garage, because it is partially located within the 40’ road setback, will continue as an existing non-conforming structure. Commissioner Loeffler said that when approving variances, they try to bring properties more into conformance and asked if the garage can be moved to meet the road setback. Cammilleri stated that the property is being brought more into conformance by adding a principal structure to this lot that has an existing accessory structure. Commissioner Amundson said he would like to see the garage connected to the residence, possibly moving it towards the house provided the breezeway does not cause lot coverage to be exceeded. Amundson, second by Rynders, moved to adopt PC Resolution No. 2020-18, Approving Variances for Parcel 31.032.20.14.0101 located at 18643 Lamar Avenue North with the addition of a vegetation management plan to Condition #3. Motion carried 5-0 by a roll call vote. The recommendation to approve the variance will be presented to the City Council at their meeting on October 20, 2020. PUBLIC HEARING – VARIANCE FROM THE MINIMUM LAKE SETBACK TO CONSTRUCT AN ADDITION TO A RESIDENTIAL STRUCTURE AT 18590 NORELL AVENUE NORTH. NEIL AND DIANA SWENSON, APPLICANTS. PC RESOLUTION NO. 2020-19 Neil and Diana Swenson are proposing to remodel their existing cabin at 18590 Norell Avenue to change it from a seasonal cabin to their permanent residence with an addition totaling 535 square feet that would not encroach any closer to the Ordinary High Water Level of Big Marine Lake than the existing structure, which is 19.9 feet from the OHWL (100 feet setback required) defining it as a non-conforming structure. A new 840 square feet attached garage is also proposed, with a new driveway extending out to the existing driveway on the property. The applicant’s project exceeds 50% of the appraised value of an existing non-conforming structure and requires a variance from Development Code Chapter 1, Section 13.3(1) regarding non- conformities. The proposed garage also creates a need for a variance. The accessory structure ordinance limits one accessory structure to a size of 720 square feet on lots under one acre; given the current detached garage is 870 square feet, the additional garage triggers a variance. Planner Monson presented the staff report with details of the variance request. The addition will not exceed the two bedrooms currently in the cabin and not contribute additional use to the Big Marine sewer system which is at capacity. The current lot coverage of 18.3% would increase to 24.97% based on the proposed addition and the removal of two sheds. The City Engineer proposed a 5’ drainage easement along the eastern property line, along with a required grading permit. The applicants are working with the Watershed for the appropriate stormwater permits. The DNR did not provide comments regarding this request. Planner Monson described the criteria for granting a variance and provided findings for approval of the addition but not for the attached garage. Granting a variance for a second garage could October 6, 2020 Scandia Planning Commission Page 7 of 9 alter the essential character of the area and is not the minimum action required to eliminate a practical difficulty. An addition to the existing garage could be considered as a minimum action, to better meet the requirement of having one accessory structure on the property. A resolution to approve the addition to the house was presented with findings and seven conditions. The Planning Commissioners questioned the finding that the attached garage is considered an accessory structure. Staff explained that accessory structures when attached to a primary dwelling do count by definition of accessory structure in the zoning code. City Administrator Cammilleri noted that a garage is not a principal structure as “floor area” excludes an attached garage. By not adhering to the strict definition, it opens the door to oversized garages. Planner Monson said the intent of the code is to have limitations on the size of garages. Cammilleri explained that he consulted with legal counsel on this as well. The Commissioners discussed the plan to add impervious surface to the area within the 100’ setback of Big Marine Lake, and noted that the addition will build over an existing porch. Chair Squyres said adding the garage towards the road is too much – a small lot needs small things on it. Commissioner Amundson said that the garage is needed for storage and will have living space above. Chair Squyres opened the public hearing at 9:10 p.m. Neil Swenson, applicant said he designed the addition to remain under 25% lot coverage and is working with the Watershed to properly control drainage. There is value to having storage and it shouldn’t be a problem to have too much garage. Chair Squyres said that this proposal is taking a non-conformance and making it more non- conforming by almost doubling the number of square feet within the lake setback; this is not the minimum action and nothing here is improving the situation to protect the lake. Commissioner Rynders said he sees some improvement, and asked if the house can be moved away from the lake. Mr. Swenson described the new foundation he built under the cabin 5 years ago to save the cabin and it would be a hardship to relocate the structure. Staff advised on the importance of basing their findings of approval on language in the Comp Plan and development code, that it must be connected and not arbitrary and capricious; the Commissioners must focus on the criteria being met. They discussed the section on non- conforming structures and staff noted that it is an unusually written ordinance which could have approved this project administratively if not for the garage issue. Mr. Swenson asked if he should reduce the size of the addition to lower impervious surface, and explained that he is working with the Watershed on a plan to filter the runoff. Commissioner Amundson said it looks like Mr. Swenson is doing everything right. Planner Monson said that the garage cannot be justified with language in the Comp Plan and zoning code. October 6, 2020 Scandia Planning Commission Page 8 of 9 Commissioners discussed tabling the request to allow the City Engineer to review a grading plan, with Commissioner Hogle questioning if the plan would be enough to mitigate the additional runoff. Squyres, second by Hogle, moved to table the variance request at 18590 Norell Avenue to allow the applicant time to revise the survey to show improvements on the property such as moving the cabin towards the existing garage. Motion carried 5-0 by roll call vote. PUBLIC HEARING – VARIANCE FROM THE MINIMUM LAKE SETBACK TO CONSTRUCT AN ADDITION TO A RESIDENTIAL STRUCTURE AT 19241 ORWELL AVENUE NORTH. APPLICANT JAY BERGER ON BEHALF OF PROPERTY OWNERS CHRISTOPHER NORVILLE AND JULIE MILLER. PC RESOLUTION NO. 2020-20 Jay Berger, the contractor for property owners Chris Norville and Julie Miller, has applied for a variance from the required 200’ lake setback to construct a new deck at 19241 Orwell Avenue. The existing residence is non-conforming because it is located approximately 70 feet from the Ordinary High Water Level of Sand Lake, within the minimum 200’ setback of the natural environment lake. The proposed deck would extend 12 feet from the house, replace an existing platform and steps that are unsafe, and is shown on the survey at 63.7 feet from the OHWL. The applicant explained that the improvements will better the appearance and value of the house and improve the neighborhood. Planner Monson described the variance request and identified criteria with findings to support approval. The encroachment into the existing setback of less than 10’ is minor and would occupy a similar footprint as an existing brick patio. The requirements of the Watershed permit will mitigate any potential impacts. The proposed deck would not alter the essential character of the area – many lots along the lake have decks or patios on the lake side of their homes. A resolution of approval was presented that listed five conditions of approval, including a grading and erosion control plan be submitted for review. Chair Squyres opened the public hearing at 10:13 p.m. Commissioner Loeffler read the written comments of neighbor Steve Huberty, 19323 Orwell Avenue, that disputed the lot line between the properties. Mr. Huberty joined the meeting and said that his comments do not relate to this variance request, stating he does not have an issue with the deck but rather that their unrelated work is causing damage on his property. City Administrator Cammilleri said that this alleged encroachment sounds like a civil matter that the neighbors will need to work out. There were no further comments and Chair Squyres closed the hearing at 10:19 p.m. The Commissioners discussed the request and stated they have no issues with plans for a screen porch and covered deck on the lakeside; it’s a small encroachment that will improve and replace the dangerous steps. October 6, 2020 Scandia Planning Commission Page 9 of 9 Loeffler, second by Amundson, moved to adopt Resolution No. 2020-20, Approving a Variance at 19241 Orwell Avenue as presented. Motion carried 5-0 by roll call vote. The recommendation to approve the variance will be presented to the City Council at their meeting on October 20, 2020. ITEMS FOR FUTURE AGENDAS – NEXT MEETING NOVEMBER 10, 2020 The Commissioners directed staff to research how adjacent lots across roadways can be considered as contiguous properties for the allowance of accessory structures, and to visit the accessory structure definition. ADJOURNMENT Squyres, second by Hogle, moved to adjourn the meeting. Motion carried 5-0 by roll call vote. The meeting adjourned at 10:30 p.m. Respectfully submitted, Brenda Eklund City Clerk