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08.b Draft minutes 02-08-2022 Planning Commission February 8, 2022 The Scandia Planning Commission held their regular monthly meeting on the above date with modifications. The meeting was conducted virtually 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 7:02 p.m. The following were participants: Commissioners Jon Engstrand, Jan Hogle, Kirsten Libby, Perry Rynders, and Chair Travis Loeffler. Staff participating: City Planner Evan Monson, City Administrator Ken Cammilleri, and City Treasurer Colleen Firkus, and Council member Jerry Cusick. PUBLIC FORUM There were no public comments. APPROVAL OF AGENDA, MINUTES Hogle, second by Rynders, moved to approve the agenda as presented. Motion carried unanimously by roll call vote. Hogle, second by Rynders, moved to approve the January 4, 2022 minutes as presented. Motion carried unanimously by roll call vote. ELECTION OF PLANNING COMMISSION CHAIR & VICE-CHAIR Rynders, seconded by Hogle, moved to nominate Travis Loeffler as Chair and Jan Hogle as Vice-Chair of the Scandia Planning Commission. Motion carried unanimously by roll call vote. CONTINUED FROM JANUARY 4, 2022: VARIANCE FROM THE RIGHT-OF-WAY SETBACK TO CONSTRUCT AN ACCESSORY DWELLING UNIT AT 21450 POMROY AVENUE NORTH. SUSAN RODSJO, APPLICANT. PC RESOLUTION NO. 2022-02. Planner Monson reviewed the variance request of the applicant to construct an accessory dwelling unit (ADU) closer to the road than the primary residence. Monson reviewed 8 criteria to allow an ADU under the City’s Comprehensive Plan and Development Code. The practical difficulty identified was placement of the septic system at the rear of the house and the area for a backup system on the south side, as well as drainage issues on the north side. Applicant has amended the plan to come under the 1,000 sq. ft. threshold. Chair Loeffler re-opened the public hearing at 7:20 p.m. Patricia Ann Brannon 21455 Pomroy Ave N., lives across the street from Rodsjo. Stated that she will be able to see the settler cabin from her driveway. She requested that the City abide by its zoning regulations for ADU’s for setbacks and lot sizes as clearly stated in Sec. 4, p. 77. The code states the ADU must be located to the rear or side of main structure if on a lot less than 5 acres and the applicant has 4.4 acres with the cabin in front of the house. Brannon asked why can’t it be adjacent to house along the driveway. Brannon also pointed out the proposed red color does not match the home and asked if a 2nd driveway will come off their current driveway. Brannon also said the current home is listed on Air B&B and asked if that will be the use of the CITY OF SCANDIA PLANNING COMMISSION February 8, 2022 Page 2 of 3 cabin; will it become a Bread & Breakfast? Brannon asked that if approved the cabin be fully screened from the road and the color to match the house color. Brannon asked if approved that a condition is made for no future expansions that will exceed 1,000 sq ft. in the future. The city has control of the community development and Brannon said that this home is the second Air B&B on Pomroy and that the other one also lists a barn as an event center. Applicant Sue Rodsjo: Stated that with her family’s Scandinavian heritage and love of history, it has been their dream to have something historic on their property. They purchased this settler’s cabin from a neighboring community. They have asked their contractor to reduce size of the entry way to be in compliance on size. The proposed location is densely screened from Pomroy and they will be happy to plant conifers to provide additional screening, but when standing at cabin site, they cannot see her neighbor’s house even in the winter. The cabin will be primarily used as a guest cabin for children, grandchildren, visitors and guests. They may rent to elderly parents or someone visiting Scandia and plan to be in full compliance with the development code. They are not a Bread & Breakfast, which has different requirements than an Airbnb. City Code has exceptions for historic structures. Cabin was built in 1860’s in Shafer or Franconia. The Septic plans will be in the permit application to the County. Other locations were considered but the property is a low spot and lots of wet areas constraining septic sites. Any additional driveway requests will be in the permit and reviewed by city staff. All uses will be in compliance with code. The ADU is allowed on a property less than 5-acres. It is the setback that requires a variance on less than 5-acres. The code for matching the color of the primary house is for lots less than 4-acres, but since the trim on the house is dark red, they would be willing to darken the red of the cabin to be closer to the trim color of the house even though not required. However, they are using a special paint to preserve the log of the cabin and may not be able to match trim exactly and requests leeway on the color. Eight letters of support have been received from neighbors, including. John & Sandy Zuniga, the neighbors to the south who are the only ones who can see the cabin and are in favor of it. Planner Monson verified color consistency between structures does not apply as the lot is over 4- acres. Planning Commission Rynders asked if there can be a requirement that there be continual screening maintained because what happens if they remove some of the trees currently screening the proposed cabin. City Administrator Cammilleri stated that the City is required to enforce screening and could revoke the permit. Rynders asked why are they not requiring compliance on the placement to avoid variance as did not the placement of the house create the need for the variance? Monson explained that placement of the septic system and future septic location is not under the applicant’s control due to drainage issues and soil types. Monson indicated house placement could be used as a finding. Planning Commissioner Hogle pointed out that putting the cabin in the back or side would put the cabin closer to two other properties and have less screening, the color red is a classic Swedish red, most letters were in support of the structure, and the applicant is willing to work with neighbor for additional screening. Planning Commissioner Libby said the property is heavily wooded and a cleared area around the cabin would be beneficial, and is in favor of preserving this historic structure. Chair Loeffler said color is not an issue, any rentals will require an Administrative Permit, and it would not meet the requirements for a Bread & Breakfast. CITY OF SCANDIA PLANNING COMMISSION February 8, 2022 Page 3 of 3 Hogle, seconded by Rynders, made a motion to approve PC Resolution 2022-02 to approve a variance. to construct a detached accessory dwelling unit closer to the road right-of-way than the house on a lot under 5-acres in size identified as 21450 Pomroy Ave. N. with all the conditions listed therein. Motion carried unanimously by roll call vote. CONTINUED FROM JANUARY 4, 2022: AMENDMENTS TO CITY OF SCANDIA DEVELOPMENT CODE, CHAPTER 3, SECTION 6.2 (8) REGARDING MINOR SUBDIVISION REGULATIONS FOR NEW ROADS, AND TO CITY OF SCANDIA DEVELOPMENT CODE, CHAPTER 3, SECTION 13, REGARDING MINIMUM DESIGN STANDARDS FOR STREETS. Administrator Cammilleri encountered an issue in the language of Chapter 3, the Minor Subdivision Process, and the Minimum Design Standards for Streets. The table used to show what is allowed in each zoning district is not accurate and other language is contradictory. The proposed changes would eliminate these conflicting provisions. A draft document was presented that gives design options and eliminates conflicts. Cammilleri questioned which provision will prevail if there are conflicting provisions. Also, the Minimum Design Standards is very uncompromising the way it is written, for example excessive shouldering. Cammilleri recommends these standards be outlined in the Engineering Guidelines instead of the Development Code to allow the city more flexibility in development design. Planning Commission asked to review a clean copy of the proposed changes at the March meeting with the goal to have a public hearing on the changes at the April meeting. CITY COUNCIL UPDATES Planner Monson reported that the City Council approved the amended CUP for Rustic Roots by approving an Interim Use Permit to allow use of a tent as a temporary rural event facility for up to 5 years, and that the Solar Ordinance amendment was put on hold. FUTURE ITEMS • Joint Workshop with the City Council to review the Unified Development Code Project on Wednesday, February 16, 2022 at 6:00 PM focus on accessory structures. Content should be sent out before the meeting. • The City is considering a park planning process. Eight RFPs were reviewed and it was narrowed down to 3 proposals to be considered at the February 15th Council meeting at 5:30. Planning Commission members welcome to attend. • Next meeting – March 1, 2022 virtual unless Council changes policy on the 15th ADJOURNEMENT Rynders, seconded by Hogle, moved to adjourn the meeting. The meeting adjourned at 9:26 p.m. Respectfully submitted, Colleen Firkus City Treasurer