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08.b Draft minutes 09-06-2022 Planning Commission September 6, 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. In August, the City Council appointed Mike Lubke to fill the term vacated by Travis Loeffler, and Laszlo Fodor to fill the term vacated by Jon Engstrand. Chair Jan Hogle called the meeting to order at 7:05 p.m. The following were in attendance: Commissioners Laszlo Fodor, Kirsten Libby, Perry Rynders, and Chair Jan Hogle. Commissioner Mike Lubke joined remotely, but statutorily was not a voting member. Staff present: City Planner Evan Monson, City Administrator Ken Cammilleri, and City Clerk Brenda Eklund. City Council member Jerry Cusick was also present. PUBLIC FORUM There were no public comments. APPROVAL OF AGENDA, MINUTES Rynders, second by Libby, moved to approve the agenda as presented. Motion carried unanimously by roll call vote. Rynders, second by Libby, moved to approve the August 2, 2022 minutes as presented. Motion carried unanimously by roll call vote. PUBLIC HEARING: VARIANCE FROM THE DEVELOPMENT CODE REQUIREMENTS TO REMOVE AND REBUILD A SEASONAL CABIN WITHIN REQUIRED SETBACK AREAS AT 16963 197TH STREET NORTH. KRIS BERGGREN & BEN OLK, APPLICANTS. PC RESOLUTION NO. 2022-12 Planner Monson described the variance application from Kris Berggren and Ben Olk to replace an existing cabin on their property at 16963 197th Street that is in disrepair. The property consists of 2 parcels totaling 0.81 acres; if combined they are non-conforming to the minimum lot size of the General Rural zoning district. The cabin, built in 1940, lies within the 200-foot setback from the Ordinary High-Water Level of the St. Croix River, defined as a non-conforming structure. The applicants propose to rebuild a seasonal residence on the same location as the existing cabin, but with an additional 540 square feet of space on the west side away from the river. There are wetlands both to the north and south of the existing cabin. Monson explained that in order to rebuild on the site, variances from setback requirements including wetland setbacks and development code standards for a nonconforming lot and structure. Planner Monson presented a table of existing and proposed setbacks, and explained that the setbacks are measured from the paver patio area on the east of the structure, as shown on the certificate of survey provided by the applicants. Scandia Planning Commission September 6, 2022 Page 2 of 4 Required Proposed Variance Setback from north wetland 75’ 21’3” 53’9” Setback from south wetland 100’ 16’1” 83’11” Setback from River 200’ 78’10” 121’2” Minimum Lot Size 2-5 acres, or 20+ acres 0.81 acres 1.19 acres Minimum Frontage 160’ none 160’ Minimum Buildable Area 1 acre none 1 acre Monson noted that the National Park Service provided a letter that the project is permissible under the terms of the scenic easement on the property, and the Carnelian-Marine-St. Croix Watershed has conditionally approved the project as well. Monson detailed the criteria and process or considering the variance request. Monson concluded with findings to support approval of the variances to rebuild the structure as presented in a resolution. Findings included that the practical difficulties were not caused by the landowner as the property is uniquely limited in the amount of buildable area it has due to wetlands; the new proposed cabin would be slightly smaller than the existing and have a slightly larger setback from the river; and nearby cabins have similar setbacks from the river. Conditions of approval included that a grading plan be submitted showing any areas of soil disruption and locations of any tree removal, in order to ensure that drainage is not directed to adjacent properties. Chair Hogle opened the public hearing at 7:20 p.m. Kris Berggren, applicant, thanked the Commissioners and staff, and was available for any questions. Chair Hogle noted the six written comments of support that were received from neighboring property owners. There were no further comments and Chair Hogle closed the public hearing at 7:21 p.n. Chair Hogle provided a summary of the site visit held just prior to this meeting. The Commissioners requested clarification of well, septic locations, and wetland locations, and gathered information on the condition of the cabin. Rynders questioned if they should add a condition to combine the two separate lots into one, and add a condition on tree replacement based on the Engineer’s comment that construction may remove some tree canopy. Scandia Planning Commission September 6, 2022 Page 3 of 4 Commissioner Libby asked if combining the lots would affect the setback requests. Planner Monson answered no, the setbacks were calculated assuming the lots are one. Commissioner Lubke noted the Engineer’s comment that the County should confirm that the existing septic system will accommodate the new cabin. Commissioner Fodor asked who decides and approves tree replacement. Administrator Cammilleri said that staff would review tree replacement based on the city’s ordinance. Commissioner Libby stated that tree replacement should be left to the homeowner if not an ordinance requirement, as it appears that only dying trees will be removed. Chair Hogle agreed, saying that any necessary tree removal will not affect the viewshed from the river. Rynders, second by Libby, moved to approve PC Resolution No. 2022-12 with added conditions that the lots be combined on the same deed, and the owners demonstrate Washington County’s approval of the existing septic system to accommodate the new cabin. Motion carried 4-0 by roll call vote. The recommendation to approve the variances will be presented to the City Council at their meeting on September 20, 2022. CONCEPT PLAN OF A POTENTIAL MAJOR SUBDIVISION AT PID 30.032.20.22.0004 Planner Monson presented a concept plan from Larry and Kim Reese to subdivide a 61.03-acre parcel on the western edge of Scandia into 6 lots, ranging from 27 acres to 2.8 acres. The property is currently vacant farmland in the Ag Core zoning district. A new road would enter the site from Keystone Avenue. A potential wetland is located on the east end of the site, which would need to be delineated in the future. Monson said this concept is in the early stages and they are looking for feedback from the Commission. No action is required. Larry and Kim Reese were present to answer any questions. The Commissioners asked about the future road, the potential wetland, and zoning as it relates to the 2040 Comp Plan. Commissioner Lubke noted that there could be a difference in gross and net acreage once any wetland areas are determined, which could potentially reduce the allowed acreage to subdivide. More would be known on this once a wetland delineation is completed. Administrator Cammilleri explained that a conservation open space subdivision could be pursued to maximize the number of buildable lots. Planner Monson stated that a future submission of this concept would be a preliminary plat application. Scandia Planning Commission September 6, 2022 Page 4 of 4 UPDATE ON THE COMMERCIAL-SCALE SOLAR FARMS SURVEY FOR SCANDIA RESIDENTS Planner Monson provided an update on the commercial solar farm survey being publicized. As of September 2nd, the survey had 184 responses. Staff is extending the survey to September 16th to allow for additional participation at the upcoming Taco Daze community event. Monson will present a final summary of the survey results next month. CITY COUNCIL UPDATES Monson reported that the Council adopted the recommendations for the Tii Gavo 2nd Addition preliminary plat and the removal from the mining overlay district for property at 21820 Lofton Avenue. City Administrator Cammilleri stated that the Unified Development Code was reviewed at a recent work session with the consultant and the Council will consider its adoption at their next meeting o September 20th. FUTURE ITEMS: Next meeting – October 4, 2022 A variance application is planned for the next meeting. Chair Hogle asked that the next agenda include an introduction of Commission members. ADJOURNMENT Libby, second by Rynders moved to adjourn the meeting. Motion carried 4-0. The meeting adjourned at 8:05 p.m. Respectfully submitted, Brenda Eklund City Clerk