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08.b Draft minutes 07-05-2022 Planning Commission July 5, 2022 The Scandia Planning Commission held their regular monthly meeting on the above date with modifications. The meeting was conducted in-person and 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 6:01 p.m. The following were in attendance: 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 Clerk Brenda Eklund. City Council member Jerry Cusick was also present. PUBLIC FORUM No public comments were made. APPROVAL OF AGENDA, MINUTES Rynders, second by Hogle, moved to approve the agenda as presented. Motion carried unanimously. Commissioner Rynders noted a typo needing correction in the June 7, 2022 minutes. Hogle, second by Engstrand, moved to approve the June 7, 2022 minutes as amended. Motion carried unanimously. PUBLIC HEARING: VARIANCES FROM THE DEVELOPMENT CODE REQUIREMENTS TO BUILD A DECK WITHIN THE REQUIRED 100-FOOT SETBACK FROM BIG MARINE LAKE, AND WITHIN THE REQUIRED 20-FOOT SIDE YARD SETBACKS FROM THE EAST AND THE WEST PROPERTY LINES AT 12090 196TH STREET NORTH. APPLICANT GREG FERNHOLZ. PC RESOLUTION NO. 2022-07 Property owner Greg Fernholz has applied for a variance to construct a deck onto the north side of their residence at 12090 196th Street, a legal nonconforming lot approximately 0.2 acres in size. The proposed deck would be 433 square feet. Three setback variances are being requested: lake setback proposed to be 47.6 feet (100 feet required); setback from east side property line of 13.3 feet (20 feet required); setback from the west property line of 8.7 feet (20 feet required). Planner Monson presented the staff report with a detailed description of the request. The existing house is located 56.4 feet from the OHWL of Big Marine Lake and within the 20-foot side yard setbacks. A deck 12 feet in depth is proposed to be built on the lake side of the home. The impervious surfaces on the lot would be approximately 21% of the lot, below the maximum of 25% lot coverage. The Watershed District will require a permit for stormwater management and erosion control. Monson reviewed the criteria for considering a variance, noting that the practical difficulties of the existing house located within the setbacks are not caused by the current landowner, the deck is not out of character for the neighborhood, and a modest sized deck appears to be the minimum Scandia Planning Commission July 5, 2022 Page 2 of 6 request to eliminate the difficulties on the small lot. Monson concluded with a recommendation to approve the variance request, with findings and conditions written into a resolution. Chair Loeffler opened the hearing at 6:11 p.m. There were no comments and the hearing was closed. Commissioner Rynders said the house is only 50’ from the lake and this deck will be getting even closer, and it appears to be slightly closer than most neighboring properties by a bit. Rynders added that even with these circumstances he supports the request as it is a modest sized deck. Commissioner Hogle said they see this often on small lots, and the proposal is not much different from the neighbors; it is not an outrageous request and fits into the neighborhood. Chair Loeffler said that a deck on the lake side is understandable, and it’s modestly sized. Loeffler said he appreciated being able to visit the site as opposed to just seeing it on the survey. Rynders, second by Engstrand, moved to approve PC Resolution No. 2022-07, Approving Variances for 12090 196th Street North. Motion carried 5-0. The recommendation to approve the Variance will be presented to the City Council at their meeting on July 19, 2022. PUBLIC HEARING: CONDITIONAL USE PERMIT TO EXPAND AN EXISTING LOCAL SOLAR ENERGY SYSTEM (SES) TO 1,296 SQUARE FEET AT 23290 QUENTIN AVENUE NORTH. APPLICANT DONNA PICKARD ON BEHALF OF PROPERTY OWNERS RANDY & KATHY FERRIN. PC RESOLUTION NO. 2022-08 Donna Pickard of TruNorth Solar has applied for a Conditional Use Permit on behalf of property owners Randy and Kathy Ferrin to add onto their existing local solar energy system (SES) at 23290 Quentin Avenue, approximately 10 acres in size. Planner Monson presented the staff report with a detailed description of the request. Local SES are limited to a footprint of 800 square feet in size (Chapter Two, Section 4.34(A)(1)(B) of the Development Code); anything exceeding this size requires approval through a Conditional Use Permit. The existing ground-mounted solar array is under 800 square feet. The proposed addition of solar panels would bring the system to a size of 1,296 square feet. The existing solar array is well screened from view with vegetation and not visible from Highway 95. Monson listed the criteria standards to grant a CUP, and concluded with a recommendation to approve the request with findings and conditions written into a resolution. The proposed use is permitted in the Ag Core zone and not in conflict with the Comp Plan, nor will it create adverse impacts. Building and electrical permits must be secured for the new solar arrays. Scandia Planning Commission July 5, 2022 Page 3 of 6 Chair Loeffler opened the public hearing at 6:19 p.m. There were no comments and the hearing was closed. Commissioner Rynders noted several written comments received by the Commission in support of the request. Rynders said the solar array system is incredibly well screened, and that he is in support. Commissioner Hogle said the site is well screened, there will be no impacts to neighbors, and the request should move forward. Commissioner Engstrand stated his agreement. Commissioner Rynders asked that with the site currently well-screened, should they consider adding a condition to keep the solar panels screened into the future. Planner Monson said a condition could be added to address this concern; a CUP runs with the land and future property owners would need to retain the vegetative screening. Commissioner Rynders recommended adding a condition to retain screening of the solar energy system. Rynders, second by Hogle, moved to approve PC Resolution No. 2022-08, Approving a Conditional Use Permit for 23290 Quentin Avenue North, as amended with a condition to retain the existing screening. Motion carried 5-0. The recommendation to approve the Conditional Use Permit will be presented to the City Council at their meeting on July 19, 2022. PUBLIC HEARING: AMENDMENT TO THE FUTURE LAND USE MAP TO REMOVE MINING OVERLAY DESIGNATION FROM PID 17.032.20.21.0005. APPLICANT MICHAEL LABELLE. PC RESOLUTION NO. 2022-09 Property owner Mike LaBelle has requested that vacant parcel 17.032.20.21.0005 be removed from the Mining District overlay, so that the property may be developed in the future for a single-family residence. The property is zoned General Rural, approximately 10.16 acres in size, and adjacent to the Dresel Mine site operated by Martin Marrieta. Apart from the mine, the nearby properties are mainly large-lot single-family residential or agricultural use. Planner Monson presented the staff report with a detailed description of the request. In order to use the site for residential use, the parcel must be rezoned out of the Mining Overlay. Before rezoning out of the overlay, the Comp Plan’s future land use map must be amended. Any city approval would be contingent on approval by the Met Council, who would review the request for consistency with their regional 2040 Plan. Planner Monson reported that Martin Marrieta staff had no objections with the requested change, and that the subject property in not included in future mining plans. Monson explained that property at 21820 Lofton Avenue, directly to the east, is also within the mining overlay. This Scandia Planning Commission July 5, 2022 Page 4 of 6 property is currently developed with a residential use, making the property legal non- conforming. Any future improvements to the house would be cumbersome to pursue. Monson suggested the Commission consider changing the zoning overlay of this parcel in the future. Monson concluded with a recommendation to approve the requested amendment to the Future Land Use Map with findings and conditions presented in a resolution. Chair Loeffler opened the public hearing at 6:29 p.m. There were no comments and the hearing was closed. Commissioner Hogle said this is a straight forward request, and not an entirely new idea; the Parks Committee had this discussion years ago when creating a parks plan. Commissioner Rynders said he supports the recommendation to approve. Chair Loeffler said the property appears to be General Rural and he supports removing the mining overlay. Rynders, second by Hogle, moved to approve PC Resolution No. 2022-09, Approving an Amendment to the Future Land Use Map in the Scandia Comprehensive Plan for Parcel 17.032.20.21.0005. Motion carried 5-0. The recommendation to approve an Amendment to the Future Land Use Map will be presented to the City Council at their meeting on July 19, 2022. Regarding the recommendation to remove the mining overlay from 21820 Lofton Avenue, staff explained that a public hearing of a future land use amendment is also needed. The Commissioners were in consensus to authorize staff to prepare this for a hearing. Loeffler, second by Rynders, moved to authorize staff to prepare a public hearing to remove the mining overlay from the Future Land Use Map for 21820 Lofton Avenue. Motion carried 5-0. PUBLIC HEARING: CONDITIONAL USE PERMIT FOR A PLANNED UNIT DEVELOPMENT AND PRELIMINARY PLAT TO DEVELOP OUTLOTS I, J, AND K OF TII GAVO SUBDIVISION AS TII GAVO 2ND ADDITION. APPLICANT JAREN JOHNSON Jaren Johnson is proposing to subdivide three outlots in the Tii Gavo subdivision to create 8 buildable lots for single-family development. All lots would have access onto Meadowridge Trail North which would be completed as part of this proposed development. The proposed lots vary in size from 1.00 to 2.92 acres in size. Planner Monson presented his staff report with a detailed evaluation of the request for a Conditional Use Permit for phase 2 of Tii Gavo subdivision. Tii Gavo was approved in 2007, which predates the current zoning ordinance, and was done as an Open Space Conservation Subdivision. The approval in 2007 planned for 37 total lots, with 29 in the initial phase. This was Scandia Planning Commission July 5, 2022 Page 5 of 6 identified in the Developers Agreement as well as the CUP for Tii Gavo. The future 8 lots would bring the subdivision to the total buildout of 37 lots to occupy currently platted outlots I, J, and K. As part of the review for the 2nd Addition, the 2007 CUP will need to be amended as well. Planner Monson explained that Phase 1 was approved for a 100-foot setback from Rasmussen Pond (200 feet required for the natural environment lake), and the applicant is looking to maintain that same setback for the new lots in order to maintain consistency in design of the neighborhood. A variance is needed to permit the lesser setback. Planner Monson reported that staff is still reviewing the plan and recommended to table the application until feedback is received from other agencies and staff, including the City Engineer, Carnelian-Marine Watershed and DNR. Changes to the application were made on June 14th, and hence a delay. Chair Loeffler opened the hearing at 6:38 p.m. There were no comments and the hearing was closed. Commissioner Rynders questioned the 100’ setback approved in 2007. Planner Monson explained that staff is recommending to make Phase 2 consistent with this. Administrator Cammilleri said the City Attorney was consulted and he advised it makes sense to base zoning on the existing site standards of Tii Gavo, however these were not articulated in the adopted resolution from 2008 for final plat approval. Cammilleri said staff suggests the review be based on code criteria of that time, and is consistent with design form within the rest of the development. Commissioner Rynders asked if its okay with the developer to table a decision. Planner Monson said it’s important to have all the information from the agencies in order to prepare a recommendation. Administrator Cammilleri clarified that parkland dedication allows for a fee of $1,500 per lot be collected per the 2007 Developers Agreement. Chair Loeffler questioned the shared driveways for Lot 1 and Lot 4. Monson explained that the lots were platted with an access easement to run north between the two lots. Loeffler said the layout makes sense but is apprehensive of shared driveways. Cammilleri said the city is making sure the environment is preserved; the HOA is the property owner, and the easements are not public land. The HOA has no objections of the easement being over the driveway, and it would be a challenge to get access otherwise and to avoid wetland impacts. The Developers Agreement can work out the details of protecting the wetlands. Rynders, second by Hogle, moved to table the request for further review. Discussion: Loeffler asked if the Commission can make a recommendation to the Council in order to continue moving the application forward with staff conditions presented to the Council. Monson reviewed CUP criteria and findings, but Rynders stated he is not comfortable understanding how to approve a CUP at this point. Hogle agreed, saying they need Watershed feedback. Scandia Planning Commission July 5, 2022 Page 6 of 6 The Commission voted 5-0 to table the request. CONTINUED: STUDY OF DISTRIBUTION SCALE SOLAR ENERGY SYSTEMS (SOLAR FARM) ORDINANCE Planner Monson provided a memo of community solar regulations in other communities to research similarities and differences in solar farm ordinances. Many follow a similar permitting process; some have unique timelines; there are differences in setback requirements (some loose, some greater like Cottage Grove and Chisago County having greater setbacks); some require parcels of a certain size; screening requirements vary widely. Monson presented a draft of survey questions in regard to solar farms, and said the community survey results will give a certain sense of direction as to what solar farms can look like in the future. The questions were refined after last month’s discussion. Commissioner Hogle said it looks good and was pleased with this more streamlined version. Staff described a timeline to publish the survey next week through August 31st, and look at data at the September meeting. The Commission recommended having a redlined version of the current ordinance when considering amendments. CITY COUNCIL UPDATES Monson reported that the Council concurred with the recommendation to approve Markgraf’s variance for an accessory structure. Chair Loeffler explained comments from Jay Riggs regarding wetland delineation. FUTURE ITEMS Tii Gavo will return for the August 2nd meeting, as well as the public hearing on a future map amendment for 21820 Lofton Avenue. Chair Loeffler announced his resignation from the Planning Commission, this being his final meeting. Commissioners thanked Travis for his service and leadership. ADJOURNMENT Rynders, second by Engstrand, moved to adjourn the meeting. Motion carried 5-0. The meeting adjourned at 7:22 p.m. Respectfully submitted, Brenda Eklund City Clerk