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11-02-2021 Planning Commission November 2, 2021 The Scandia Planning Commission held their regular monthly meeting on the above date with modifications. The meeting was conducted in-person at the Scandia Community Center and over an electronic platform. All participants who joined the meeting remotely could hear each other and contribute to discussions. Chair Travis Loeffler called the meeting to order at 7:04 p.m. The following were present: Commissioners Jon Engstrand (virtual over Zoom), Perry Rynders, and Chair Travis Loeffler. Absent: Commissioner Jan Hogle. Staff present: City Planner Evan Monson, City Administrator Ken Cammilleri, City Clerk Brenda Eklund. Council member Jerry Cusick joined the meeting virtually. On November 1st, Andrew Essling gave notice of his resignation from the Planning Commission due to work commitments. PUBLIC FORUM There were no public comments. APPROVAL OF AGENDA, MINUTES Rynders, second by Loeffler, moved to approve the agenda as presented. Motion carried unanimously. Rynders, second by Loeffler moved to approve the October 5, 2021 minutes as presented. Motion carried. TABLED BY THE APPLICANT: Public Hearing: Variances from lot size and road frontage requirements for construction of a single-family dwelling on a non-conforming lot, and Variances for an Accessory Dwelling Unit located within required setbacks from lot lines, wetlands, and a lake. The property is at 19489 Manning Trail North. Paul and Denise Bruggeman, Applicants on behalf of property owners Pat and Brenda Melchior. The public hearing will be rescheduled to the December 7, 2021 meeting. PUBLIC HEARING: VARIANCE FROM SIDE YARD SETBACK REQUIREMENTS FOR AN ADDITION TO AN EXISTING STRUCTURE AT 12959 MAYBERRY TRAIL NORTH. CHRIS AND ERICA SANDSTROM, APPLICANTS. PC RESOLUTION NO. 2021-20 Chris and Erica Sandstrom have applied for a variance from the 20’ side yard setback to construct an addition to their home at 12959 Mayberry Trail North. This request was heard at a public hearing with the Planning Commission on September 7, 2021 which resulted in a recommendation to the City Council to deny the request to build the addition 5’ from the property line at its closest point. At the September 21, 2021 City Council meeting, Mr. Sandstrom asked to table his request in order to revise his narrative regarding the purpose of the addition. He said the Planning Commission may have misunderstood that the addition was solely November 2, 2021 Scandia Planning Commission Page 2 of 4 to be garage space, when it is intended to be mixed use as a garage and living space. Staff advised that a new public hearing be scheduled with a revised narrative of the proposed addition. Planner Monson presented the staff report with details of the request. The addition is proposed to be 2,592 square feet in size and 5’ from the north side property line at the nearest point and 18.7’ at the furthest point due to the house not being parallel to the property line. The applicants are proposing to use some of the addition for an attached garage, and the rest as a recreation room and entryway. The applicants’ plans show a future addition of an internal accessory dwelling unit to the west of the proposed addition. The parcel currently has an ingress and egress easement with the parcel to the north for a shared driveway. The applicants have since constructed their own driveway and no longer utilize the shared driveway. Monson explained the criteria and process for considering variance requests as provided in Chapter One, Section 6.0 of the development code. Monson concluded with findings of denial for the variance; it is difficult to accept that the practical difficulties are unique to the property as the parcel is 13.36 acres in size and has buildable area elsewhere on the property. As well, the requested variance for a minimum setback of 5’ is not the minimum action to eliminate the practical difficulty of the lot; the property could accommodate additions, or a detached garage, in other locations without requiring a variance. A resolution with findings recommending denial was presented. Chair Loeffler opened the public hearing at 7:12 p.m. Applicant Christopher Sandstrom, 12959 Mayberry Trail, explained the mixed-use purpose of the addition which could be redesigned to allow a 10’ setback from the side property line. Sandstrom noted that with the 30’ driveway easement along the property line to the north and this 10’ setback, a total of 40’ equals the required setbacks between structures on properties, meeting the city’s standards of separation. An existing 6’ privacy fence along the property line will provide screening of the addition. Staff inquired if the addition could be redesigned to meet the 20’ setback. Sandstrom stated that the addition would then not fit the current layout of the house, and that there are benefits to this location, such as providing a barrier between the two properties. There were no other comments and Chair Loeffler closed the hearing at 7:21 p.m. The Commissioners discussed the configuration of the addition, the septic tanks which hinder an addition to the other side of the home, and concluded that the request does not fit the criteria to approve a variance. Staff noted that it is a very large lot, with buildable space to the front of the house. Chair Loeffler commented that they could relocate the addition, and Commissioner Rynders said he would support denial as it doesn’t make sense to approve due to the large amount of land. Commissioner Engstrand said he echoes everyone’s sentiments. Rynders, second by Engstrand, moved to adopt PC Resolution No. 2021-20, Denying a Variance for 12959 Mayberry Trail North. Motion carried 3-0 by roll call vote. November 2, 2021 Scandia Planning Commission Page 3 of 4 The recommendation to deny the variance will be presented to the City Council at their meeting on November 16, 2021. CONSIDER REQUEST BY MICHAEL LUBKE - AMENDMENTS TO THE SOLAR ORDINANCE Michael Lubke, 10929 Scandia Trail, has applied for ordinance amendments to the requirements for distribution solar energy systems, the larger, commercial sized projects that would serve power to customers off-site, also known as solar farms or solar gardens. Lubke presented this proposal to the City Council on August 17, 2021. The changes would benefit his property for his proposal to operate a solar array as “agrovoltaics”. Agrovoltaics combines the agricultural use of land with the production of electric energy by solar panels. This is described as solutions for both food and energy production while also protecting soil and conserving water supplies. Lubke said he is consulting with the University of MN Forever Green Initiative to operate this type of solar energy system as a model for other arrays in the state. Lubke is currently hindered by the ordinance standard to not allow solar energy systems in Shoreland Overlay. Lubke provided a redlined version of the existing ordinance. The first change would be to permit distribution SES in areas within the Shoreland Management Overlay District, if the site is able to meet certain criteria. The second change would be to revise the screening requirements for distribution SES to include a ‘scenic canvas’ and other options that may help alleviate issues with screening and visibility. Other changes would include allowing the growing of crops underneath solar panels, which could require allowing the panels to have a greater maximum height depending on the crop and equipment being used to plant and harvest the crop. Lubke explained the criteria to allow SES within shoreland, that the waterbody creating the shoreland overlay must be completely encapsulated within the AG C zoning district. The Commission viewed the City’s zoning map and identified a few various DNR water bodies which could be affected. Staff noted that an amendment to the Shoreland Regulations would also need to be made, with approval from the DNR to allow solar systems within shoreland. Administrator Cammilleri stated that the Watersheds seem enthusiastic to support vegetation growth under the solar arrays to protect water quality. The Commission and staff provided suggestions for clarification and rewording to Lubke’s proposed amendments. Rynders questioned if it should be a concern that the amendments are too limiting and have potential to solely benefit Lubke. Cammilleri replied that a benefit to one property was addressed by the City Attorney, who advised that it has potential to benefit more than just Lubke. Staff explained that when reviewing an amendment to the Development Code, the Planning Commission should consider possible effects of the proposed amendments, and consider them in relation to the specific policies and provisions consistent with the City Comprehensive Plan. Chair Loeffler said he agrees with the amendments, as it creates clean water quality benefits. Commissioner Rynders said the changes enhance property utilization. November 2, 2021 Scandia Planning Commission Page 4 of 4 Loeffler, second by Rynders, moved to direct staff to prepare the ordinance amendments for a public hearing at the December 7, 2021 Planning Commission meeting. Motion carried 3-0 by roll call vote. CITY COUNCIL UPDATES FROM OCTOBER 19, 2021 Planner Monson reported that the Planned Unit Development (PUD) and the Variance request from the Scandia Heritage Alliance for the Arts and Heritage Center project was approved by the City Council, as recommended by the Planning Commission. ITEMS FOR FUTURE AGENDAS The next meeting will be on December 7, 2021. There are two variances scheduled for public hearings. Administrator Cammilleri asked the Commissioners to provide feedback to staff on the draft sections of the Unified Development Code, in preparation of a forthcoming joint meeting with the City Council. ADJOURNMENT Loeffler, second by Rynders, moved to adjourn the meeting. Motion carried 3-0. The meeting adjourned at 8:55 p.m. Respectfully submitted, Brenda Eklund City Clerk