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8.b Draft minutes 11-10-2020 Planning Commission November 10, 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 7:02 p.m. Roll call was taken. The following were participants to the meeting: Commissioners Greg Amundson, Jan Hogle, Travis Loeffler, Perry Rynders and Chair Dan Squyres. Staff present: City Planner Evan Monson, City Administrator Ken Cammilleri, City Clerk Brenda Eklund. APPROVAL OF AGENDA, MINUTES Chair Squyres announced the addition of a discussion of a building concept from Will Defiel to follow Agenda Item #7. Loeffler, second by Rynders, moved to approve the agenda as amended. Motion unanimously carried by roll call vote. Amundson, second by Hogle, moved to approve the October 6, 2020 minutes as presented. Motion unanimously carried by roll call vote. PUBLIC FORUM No public comments were made. DISCUSSION ON VARIANCE FROM THE MINIMUM LAKE SETBACK TO CONSTRUCT AN ADDITION TO A RESIDENTIAL STRUCTURE AT 18590 NORELL AVENUE NORTH. NEIL AND DIANA SWENSON, APPLICANTS. TABLED FROM THE OCTOBER 6, 2020 PLANNING COMMISSION MEETING. PC RESOLUTION NO. 2020-21 After being reviewed at their last meeting, the Planning Commission tabled the request from Neil and Diana Swenson for a variance to construct an addition to their cabin at 18590 Norell Avenue, and asked that improvements to be made to the plan to address concerns about water runoff. The applicants worked with the Carnelian-Marine-St. Croix Watershed District to develop plans that ensure water runoff on the site is directed away from the lake. It was noted that these plans exceed the requirements of the Watershed. Planner Monson explained that the addition of living space would not encroach any closer to the lake and would occupy a similar footprint of an existing deck. The nearest point of the cabin to the OHWL is 19.9 feet. The project exceeds 50% of the value of the non-conforming structure and requires a variance, based on language in the development code for non-conforming structures. A second variance is needed for the attached garage, as the development code allows that lots this size be limited to one accessory structure totaling 720 square feet. Given the current detached garage on-site is 870 square feet, any sort of expanded or new accessory structure would need a variance. November 10, 2020 Scandia Planning Commission Page 2 of 6 Planner Monson described the new survey to show impervious lot coverage at 24.97% and explained that a portion of the street lies within the lot, adding to some of this lot coverage. Monson summarized the staff report with findings that approved the variance for the remodel of the cabin but did not support granting a variance for the proposed attached garage. A resolution was prepared with findings and conditions. Commissioners Amundson and Rynders noted that the applicants addressed the water run-off concerns and because the addition is not encroaching any closer to the lake, they are in approval of the request. Rynders stated that small lake lots need to store items inside and he is in favor of the attached garage. Chair Squyres said this may be so, but questioned if the variance request is the minimum action to solve the issue, saying he would argue that it is not – they have not changed their plans in regards to the garage. Rynders countered that to make the cabin livable and have storage space for vehicles, this can be considered the minimum action. Amundson stated his agreement with Rynders – the Swenson’s plan to retire here and they have taken great lengths to address the run- off issue. Commissioner Loeffler said this plan is not much different than what was presented last month, with the main question being the attached garage. Neil Swenson explained that the new survey shows water run-off being collected in an infiltration area, they are staying under lot coverage, and the garage also includes living space above. Commissioner Hogle said she was pleased to see the Watershed’s approval, but with the current accessory structure ordinance as written she cannot see granting a variance for the attached garage. Hogle was also concerned how lot coverage to not to exceed 25% would be verified. Commissioner Rynders noted that 89 square feet of the bituminous roadway is included in total lot coverage for the property. Amundson, seconded by Rynders, made a motion to accept variances for both the remodel and the attached garage. Roll call vote: Amundson – yes; Rynders- yes; Loeffler – no; Hogle – no; Squyres – no. Motion failed 2-3. Hogle, second by Rynders, moved to adopt PC Resolution No. 2020-21, approval of an 80.1 foot variance to the lake setback to allow for an addition and remodel of an existing structure at 18590 Norell Avenue, but not for the attached garage. Motion unanimously carried by roll call vote. The recommendation will be presented to the City Council at their meeting on November 17, 2020. November 10, 2020 Scandia Planning Commission Page 3 of 6 DISCUSSION ON THE VARIANCE FROM LAKE SETBACK , FRONT AND SIDE SETBACK TO RECONSTRUCT A RESIDENTIAL STRUCTURE AT 12050 196TH STREET, AS REVISED WITH A NEW SEPTIC PLAN BY APPLICANTS DEBRA AND ROBERT DAVIES. PC RESOLUTION NO. 2020-24 The Planning Commission approved variances from lake, front and side setbacks to replace an existing cabin at 12050 196th Street at their meeting on September 1, 2020. After approval, the County required that the septic plan be revised to meet code requirements. A new septic system was designed that shifted the layout of the house towards the road, and placed septic tanks within the side setback. Planner Monson described the changes to setbacks, and recommended approval with findings outlined in the staff report and presented in a resolution. Setback Existing Approved 9/1 Requested 11/10 Net change in minimum setbacks Lake side / OHWL 39’11” 40’6” 40’6” +0’7” Right side 6’4” 8’0” 8’0” +1’8” Left side 1’3” 7’11” 3’0” +1’9” Front ~34’0” 11’11” 7’1” -26’11” The Davies described the box mound system that reduces vertical height of a typical mound and is preferred over holding tanks. Commissioner Amundson noted that this is a good solution. Amundson, second by Hogle, moved to adopt Resolution No. 2020-24, approving variances for 12050 196th Street. Motion unanimously carried by roll call vote. The recommendation will be presented to the City Council at their meeting on November 17, 2020. DISCUSSION ON VARIANCE FROM LAKE, FRONT AND SIDE SETBACKS TO RECONSTRUCT A RESIDENTIAL STRUCTURE AT 18570 NORELL AVENUE. APPLICANT JOHN WALSH ON BEHALF OF PROPERTY OWNERS TOM AND BARB TOMARO. TABLED FROM THE SEPTEMBER 1, 2020 PLANNING COMMISSION MEETING. PC RESOLUTION NO. 2020-22 The original request for variances to construct a new residence at 18570 Norell Avenue was reviewed and tabled in September, with a request from the Commissioners to see a more detailed survey, solutions to address the septic connection to city sewer, and a determination if the applicants desire to keep the existing cabin on the site. A new survey was described by Planner Monson which showed the cabin calculated into pervious lot coverage, but also a pervious paver driveway. Concerns that the driveway needs to be calculated into pervious coverage was noted, and that the cabin needs to be removed to keep lot coverage down to 24.4%. Monson reviewed the criteria for granting a variance and concluded November 10, 2020 Scandia Planning Commission Page 4 of 6 that not all can be met with the plan to keep the cabin on site. A recommendation to deny the request was proposed. John Walsh and Tom Tomaro explained that the number of two bedrooms will match that of the existing cabin so as not to overload the city’s septic system, as worked out with Planner Monson. Tomaro said they wished to retain the cabin for sentimental reasons, but it appears to be on the cutting block in order to reduce lot coverage. Administrator Cammilleri noted that the 2.2’ encroachment into the south sideyard setback is problematic for stormwaer runoff, and asked if the size of the house can be reduced to meet the 20’ setback from both side lot lines. Tomaro said they are trying to have a functional residence and it may not be practical for the layout of the home. He said it is a modest sized home with a single-car garage. The lot had a 10’ side setback when they bought it, and it has now changed to 20’, changing the size of the home they initially planned to build. Chair Squyres explained that the city is becoming more conservative with lake lots in order to protect water quality. This is a small lot that needs a small house. Commissioner Loeffler agreed that the minimum standards should be followed. Tomaro noted that the north side setback is being met, and the south setback of 17.8’ is adjacent to a lot that cannot be built on. Cammilleri noted that the OHWL also runs along this adjacent property. Commissioner Rynders said he is not concerned about the two-foot encroachment as long as the cabin is removed and it remains a 2-bedroom house. This is a vast improvement from the existing cabin so close to the lake. Commissioner Amundson agreed. Planner Monson stated that findings could support the variance for the house if the cabin is removed – the new residence is further from the lake than the existing cabin. Amundson, second by Rynders, moved to adopt Resolution No. 2020-22 with the requirement that the house remain a 2-bedroom residence to satisfy the septic issue, the cabin is removed to remain under 25% lot coverage, and with findings as prepared by the City Planner. Discussion: Loeffler said he disagrees with approving a variance for the setback from the south property line because it’s not reasonable on a small lot. Squyres agreed, saying they should be consistent. The building plans for the home were presented, with discussion on shrinking the footprint to fit the buildable area of 52’ in width. A roll call vote was taken on the above motion: Amundson – yes; Rynders – yes; Hogle – yes; Loeffler – no; Squyres – no. The motion carried 3-2. The recommendation will be presented to the City Council at their meeting on November 17, 2020. November 10, 2020 Scandia Planning Commission Page 5 of 6 DISCUSSION ON BUILDING PROPOSAL AT 19489 MANNING TRAIL NORTH Will Defiel presented a concept for a new residential structure on property he is considering purchasing at 19489 Manning Trail, a 2.6-acres lakeshore lot on Big Marine Lake with no utilities on site. There is a mile-long easement through private property that he would need to improve to the city’s driveway standards. An existing cabin would be remodeled for living space while their permanent home is being built, and he would like to retain the secondary living structure. Administrator Cammilleri explained that the structure would need to be approved as an accessory dwelling unit. A concept of the site layout was viewed and discussed. Cammilleri explained that a variance for this property for lake setback of 72.7 feet was approved in 2006, under the development code that did not have expirations for variances. Research will need to be done to determine if this is still applicable. The Commissioners noted that it will be a challenge to keep the structure off sensitive areas but they were generally in favor of continuing to work with Defiel on his concept. DISCUSSION ON AMENDMENTS TO THE ACCESSORY STRUCTURE ORDINANCE FOR ALLOWANCE OF OFF-PREMISE ACCESSORY STRUCTURES AND ADDRESSING EXCEPTIONS FOR ATTACHED ACCESSORY STRUCTURES Administrator Cammilleri explained that as directed by the Commission and City Council, staff will study amendments to the accessory structure ordinance to allow non-contiguous lots to have garages, as well as exceptions to not count attached garages as accessory structures. Staff will prepare a draft ordinance for discussion at a future meeting. Chair Squyres noted that he will be absent from the December 1st meeting. Squyres, second by Amundson, moved to table discussion on amendments to the accessory structure ordinance to the January 5, 2021 Planning Commission meeting. Motion unanimously carried by roll call vote. REVIEW THE 2021 – 2025 CAPITAL IMPROVEMENT PROGRAM FOR COMPLIANCE WITH 2040 COMPREHENSIVE PLAN. PC RESOLUTION NO. 2020-23 Administrator Cammilleri explained that the Commission is tasked with reviewing the City’s five-year Capital Improvement Program to determine that it is in conformance with the City’s Comprehensive Plan. Key highlights in the 2021-2025 CIP are Bliss Addition stormwater improvements, expanded internet, road improvements, and a community park plan. Rynders, seconded by Loeffler, moved to adopt PC Resolution No. 2020-23, finding the proposed 2021-2025 Capital Improvement Planning as conforming with the Scandia Comprehensive Plan. Motion unanimously carried by roll call vote. ITEMS FOR FUTURE AGENDAS – NEXT MEETING DECEMBER 1, 2020 A public hearing will be held for a variance on a lake lot. ADJOURNMENT Loeffler, second by Hogle, moved to adjourn the meeting. Motion carried 5-0 by roll call vote. November 10, 2020 Scandia Planning Commission Page 6 of 6 The meeting adjourned at 9:40 p.m. Respectfully submitted, Brenda Eklund City Clerk