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4.a Draft minutes 05-04-2021 Planning Commission May 4, 2021 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 at City Hall. Cammilleri was the presenter and displayed the meeting materials for participants to view on their remote screens. Chair Travis Loeffler called the meeting to order at 7:04 p.m. The following were participants to the meeting: Commissioners Greg Amundson, Jan Hogle, Perry Rynders, Dan Squyres and Chair Travis Loeffler. Staff present: City Planner Evan Monson, City Administrator Ken Cammilleri, City Clerk Brenda Eklund. Council member Jerry Cusick was also present. PUBLIC FORUM Dan Squyres asked how the new pavement on 220th Street would be protected from damage due to heavy equipment and machinery. Administrator Cammilleri stated that the new pavement has a thicker road base, and speed signs posted to slow traffic. APPROVAL OF AGENDA, MINUTES Amundson, second by Rynders, moved to approve the agenda as presented. Motion unanimously carried by roll call vote. Hogle, second by Rynders, moved to approve the April 6, 2021 minutes as presented. Motion unanimously carried by roll call vote. Rynders, second by Amundson, moved to approve the April 14, 2021 minutes of the Joint Work Session with City Council as presented. Motion carried 3-0 by roll call vote, with Hogle and Squyres abstaining due to their absence from the meeting. PUBLIC HEARING: VARIANCES FROM ZONING REQUIREMENTS TO REPLACE A SEPTIC SYSTEM, TO CONSTRUCT A DECK, STAIRS AND DETACHED GARAGE AT 13260 182ND STREET NORTH. DAN AND MELISSA POTTER, APPLICANTS. PC RESOLUTION NO. 2021-06 Dan and Melissa Potter are proposing improvements to their property at 13260 182nd Street, a half-acre parcel on the south side of Big Marine Lake. The changes include a new septic system, a new detached garage, and adding onto an existing deck located on the northeast corner of the house. The new septic system would be within the 20’ setback from the west property line. The existing house and its deck are within the 100’ lake setback and the 20’ side setback. The proposed deck and stairway addition would be 50.2’ from the OHWL and the steps within 3.3’ from the east property line. The proposed garage would replace a small shed, and be located within the 40’ front setback from the road right-of-way and the 20’ setback from the west property line. The applicant’s survey showed the garage at 13.3’ from the road and 10’ from the property line. As proposed, the improvements calculate lot coverage of 30%, requiring a variance from the maximum allowed lot coverage of 25%. May 4, 2021 Scandia Planning Commission Page 2 of 6 Planner Monson summarized the staff report and noted the comments from the City Engineer and Carnelian-Marine-St. Croix Watershed. Grading permits will be needed, as well as stormwater management plans with rain gardens, erosion and sediment control, and a buffer declaration. Monson reviewed the application based on criteria for considering variance requests, and concluded with findings and six conditions to approve the location of the septic system and proposed additions to the existing deck, and noted that there could be support for the variance for the garage and excess lot coverage if the Planning Commission adds conditions to mitigate issues with runoff and drainage. Chair Loeffler opened the public hearing at 7:24 p.m. A written comment from Maria Hinz, 13000 182nd Street, was read into the record. Hinz was opposed, writing that Scandia should uphold the rules it has in place. Dan Potter, applicant, explained that they bought the property last July and are working with the Watershed on minimizing any impacts due to the proposed improvements. The existing septic system was installed in 1989 and deemed to be non-compliant per the latest standards. The modest sized 720 square foot garage is proposed near the street due to the steep grades of the property. Mr. Potter explained that this location would alleviate the hardship of the extremely slippery and unusable driveway to the attached garage in the winter months. The garage would offer off-street parking for their two vehicles. The addition of a staircase and small area to the existing deck at the rear of the house would provide for an emergency egress/exit and area for a grill off the kitchen, and be unobtrusive from any lake views. Potter explained that they are mitigating the excess lot coverage with rain gardens, which more than makes up for the extra 5% being added. Mr. Potter said that they do not want to cause any harm to the neighborhood or to the lake. There were no further comments and Chair Loeffler closed the hearing at 7:37 p.m. Commissioner Squyres said approval of a variance for the septic system is a no-brainer, but the other variance requests are a bridge too far. In his memory, the City has never approved plans that exceed 25% lot coverage regardless of installation of rain gardens. Squyres said since there is an existing deck and they want to add an upper deck, then the lower deck should be removed. The Commissioners agreed to the septic variance as reasonable, but all had concerns of the other variance requests. Chair Loeffler also stated that going over 25% lot coverage has not been approved in past requests. Squyres, second by Amundson, moved to recommend approval of the variance for the septic system within the side yard setback with amendments to PC Resolution 2021-06 for only this variance request. The motion carried 5-0 by roll call vote. Squyres, second by Amundson, recommended denial of the variance request to exceed 25% lot coverage for the proposed improvements to the property. The motion carried 5-0 by roll call vote. May 4, 2021 Scandia Planning Commission Page 3 of 6 The Commissioners and staff discussed with the applicants the lot coverage and setback concerns. Staff advised that the septic approval recommendation could be sent forward to the City Council, and the other requests tabled to allow the Potters to revise their plan rather than formalizing the denial. Squyres, second by Amundson, moved to rescind the motion to deny the variance to exceed 25% lot coverage. The motion carried 5-0 by roll call vote. Hogle, second by Amundson, moved to table the variance requests for the garage and deck with stairs to be located within setbacks and exceed lot coverage to allow the applicants time to revise their plans. The motion carried 5-0 by roll call vote. The recommendation to approve the variance to replace the septic system will be presented to the City Council at their meeting on May 18, 2021. PUBLIC HEARING: VARIANCES FROM ZONING REQUIREMENTS TO CONSTRUCT A DETACHED GARAGE AT 12620 181ST STREET NORTH. FORREST AND NATALIE MELCHER, APPLICANTS. PC RESOLUTION NO. 2021-07 Forrest and Natalie Melcher are proposing to construct an accessory structure on their property at 12620 181st Street, a 2.39-acre parcel. The proposed accessory structure including a lean-to has a footprint of 2,216 square feet. A variance is needed to locate the structure within the 40’ setback from the front property line and to be placed closer to the road right-of way than the house. The size of the structure also exceeds what is currently allowed in the development code for parcels between one and three acres in size, which are permitted a maximum of 1,000 square feet in size. The applicant’s survey showed the structure to be approximately 20’ from the front lot line. Planner Monson summarized the staff report. Based on the location of the existing house, an accessory structure is unable to be built on most of the property without a variance, as most of the lot is between the right-of-way and the house. The location of the septic system and the slopes of the property limit where the structure can be built. The City Engineer provided comments on the request, and will require a grading permit and access permit. The Watershed District did not provide comments in time for the staff report. Monson explained that the addition of the proposed structure on the property would still be well below the permitted impervious surface coverage limit of 25% of the lot. Monson reviewed the application based on criteria for considering variance requests, and concluded with findings and seven conditions to approve variances for the location and size. Chair Loeffler opened the public hearing at 8:32 p.m. Arthur Miller, 12615 181st Street, said he lives across the street, has concerns of the size and closeness to the road, and asked what the intended use of the structure will be. Forrest Melcher, applicant, stated it will be used for residential storage and as a woodworking shop for his hobby. He explained the inability to add onto the existing attached garage, and the proposed location provides for minimal disturbance to the natural environment of vegetation on May 4, 2021 Scandia Planning Commission Page 4 of 6 the property. A small lean-to is approximately 20’ from the street, but the structure itself will be 30’ back. There were no further comments and Chair Loeffler closed the hearing at 8:38 p.m. The Commissioners discussed the excess size of the proposed structure and its location. Chair Loeffler noted the gulley running across the lot, heavy with oak trees, and this location offers the least disturbance which he supports, but had concerns that the size is twice that allowed for this property. Mr. Melcher said he understands the table in the development code allows for a maximum of 1.000 square feet, but his lot is on the higher end of the 1-3 acre category with non-developed land around them, limiting any visual impacts. Commissioner Rynders stated that their lot is at the end of the road, and the structure would not be out of character for the area; there is open acreage beyond them. Rynders said what the applicant is proposing is reasonable for their property, and he doesn’t object based on individual circumstances of the property. Commissioner Amundson agreed, and stated that the accessory structure chart may need revising to allow larger structures for this sized property because it makes sense. Motion by Amundson, second by Rynders, to recommend approval of PC Resolution 2021- 07 as presented. Discussion: Squyres said the setbacks should be honored for a structure this size, to be placed further back from the road. Administrator Cammilleri said they should be mindful of maintaining consistency in form for neighborhood characteristics, to stick to a consistent requirement, but could potentially refine the ordinance in the future. Amundson said there are a variety of lots in Scandia, and circumstances play a big role in determining what’s acceptable. By roll call vote: Amundson – yes; Hogle – no; Rynders – yes; Squyres – no; Loeffler – no. Motion failed 2-3. The Commissioners discussed with the applicants the procedures to continue a review of the request. Mr. Melcher stated that he would consider a revised site plan. Amundson, second by Hogle, moved to table the variance application for 12620 181st Street to allow the Melchers to return with a revised plan. The motion carried 5-0 by a roll call vote. PUBLIC HEARING: AMENDMENT TO THE 2040 FUTURE LAND USE MAP TO AMEND THE FUTURE LAND USE DESIGNATION FOR PARCEL ID 19.032.19.33.0005 LOCATED AT 20021 ST. CROIX TRAIL NORTH FROM GENERAL RURAL TO RURAL COMMERCIAL. DRAFT ORDINANCE NO. 2021-04 Planner Monson explained the procedures to correct a zoning error on Parcel 19.032.9.33.0005 located at 20021 St. Croix Trail North. The property is mis-designated with both Rural Commercial and General Rural zoning districts on the same 40.5-acre parcel. The property is unique in that it straddles both St. Croix Trail and Oakhill Road. The business Abrahamson’s Nursery has been operating for many years on the portion of the property east of St. Croix Trail, May 4, 2021 Scandia Planning Commission Page 5 of 6 zoned Rural Commercial. The portion of the parcel west of St. Croix Trail, approximately 10 acres, are part of the vineyards and driveway to Rustic Roots Winery and zoned General Rural. Monson’s research indicated that this property has had conflicting zoning and future land use designations even prior to 1999. When reviewing a request to change the future land use map designation for the winery property to the west, the Planning Commission suggested the mis-designation of the zoning map be cleaned up. Monson explained the process to change the parcel to all Rural Commercial in the future land use map starts with the City but ultimately must be reviewed by the Metropolitan Council. Monson summarized the staff report and concluded that Rural Commercial zoning best fits the existing use and meets the intent of the Comp Plan. An ordinance was presented with language to amend the 2040 Future Land Use Map for this parcel to designate is as Rural Commercial zoning. Chair Loeffler opened the public hearing at 9:12 p.m. There were no comments and the hearing was closed. Commissioner Squyres stated that with this change in zoning, the residential properties adjacent to the winery driveway would now be next to a commercial zoning district. Future uses could change that would impact the enjoyment of their property, and said he was opposed to a zoning change. The winery is most appropriate for the General Rural zoning that is now applied here. Loeffler agreed that future uses across the highway could change from what is being done on the property now. Administrator Cammilleri explained that it’s problematic to have one parcel with differing zoning districts, and this is the opportunity to clean up the mis-designation. Somehow this has continued through past updates to the Comp Plan. Historically the nursery has operated on the east side of the property, with agricultural operations to the west. Squyres, second by Loeffler, moved to recommend denial of the ordinance to change the 2040 Future Land Use Map for PID 19.032.19.33.0005 to Rural Commercial. By roll call vote: Amundson – no; Hogle – yes; Rynders – yes; Squyres – yes; Loeffler – yes. The motion carried 4-1. CONSIDER PC RESOLUTION NO. 2021-08, DENIAL OF REQUEST TO REZONE PROPERTY AT 20168 ST. CROIX TRAIL NORTH (RUSTIC ROOTS WINERY) FROM AGRICULTURE CORE TO RURAL COMMERCIAL. CONTINUED FROM APRIL 6, 2021 At the April 6 meeting, the Planning Commissioners denied a request from the Sandagers to rezone their property that operates the Rustic Roots Winery from Ag Core to Rural Commercial, which could allow for a future brewery use on the property. A formal resolution was presented to encapsulate the findings and formalize the denial for a recommendation to the City Council. May 4, 2021 Scandia Planning Commission Page 6 of 6 Squyres, second by Hogle, moved to recommend PC Resolution No. 2021-08, Denial of an amendment to the future land use map in the 2040 Scandia Comprehensive Plan for 20168 St. Croix Trail North. By roll call vote: Amundson – no; Hogle – yes; Rynders – yes; Squyres – yes; Loeffler – yes. The motion carried 4-1. The recommendation to deny the request to rezone the winery property will be presented to the City Council at their May 18, 2021 meeting. ITEMS FOR FUTURE AGENDAS – NEXT MEETING JUNE 1, 2021 Chair Loeffler reviewed the Council actions to the Commission’s recommendations from their April 6th meeting. The Council requested more research and information to clarify concerns of the amended temporary farm dwelling ordinance. Administrator Cammilleri explained that the Council is looking for a higher level of detail for better enforcement control, wastewater disposal, different housing types and terms of the permit. Staff will be working on this research for further discussion at the May 18th Council meeting, ADJOURNMENT Squyres, second by Hogle, moved to adjourn the meeting. Motion carried unanimously by roll call vote. The meeting adjourned at 10:15 p.m. Respectfully submitted, Brenda Eklund City Clerk