3.a) May 5, 2015 Regular MeetingMay 5, 2015
The Scandia Planning Commission held their regular monthly meeting on the above date. The
following were in attendance: Chair Christine Maefsky, Commissioners Walt Anderson and Jan
Hogle. Commissioner Travis Loeffler arrived at 8:23 p.m. Absent: Commissioner Dan Squyres.
Staff present: City Administrator Kristina Handt, City Planner Sherri Buss and Deputy Clerk
Brenda Eklund. Chair Maefsky called the meeting to order at 7:05 p.m.
APPROVAL OF AGENDA, MINUTES
Chair Maefsky added an announcement of a solar power workshop as agenda item 6.a). Hogle,
seconded by Anderson, moved to approve the agenda as amended. The motion carried 3 -0.
Hogle, seconded by Anderson, moved to approve the April 7, 2015 minutes as presented.
The motion carried 3-0.
PUBLIC HEARING: VARIANCE FROM THE OHWL OF BIG MARINE LAKE TO
CONSTRUCT A DECK AT 12810 182ND STREET. ROSSBACH CONSTRUCTION,
APPLICANT. GREG AND MARY KRAMER, OWNERS. (RESOLUTION NO. 05-05-15-
01)
Rossbach Construction is proposing to expand an existing cabin for Greg and Mary Kramer,
owners of 12810 182nd Street. The property is 0.78 acres in size located within the Shoreland
Overlay District of Big Marine Lake. The building plans include an expansion on the east side
of the home, replacement of an existing deck, and enclosure of the space under the deck to form
a screened area. Replacement of the deck requires a variance from the 100-foot setback from the
Ordinary High Water Level (OHWL) and the bluffline setback of 30 feet. The expansion on the
east side does not require a variance and could be approved through an administrative permit.
Planner Buss provided a history of the property. In 1981 a variance to expand the structure was
denied to previous owners by New Scandia Township. No deck existed at that time. On a
survey dated 1998, a deck is shown but there is no record that a variance or building permit was
approved to permit the construction within the setback from the OHWL. Buss explained that
technically it is not a legal deck and the application is being treated as adding a new deck – the
DNR agreed with this approach.
The replacement deck is proposed to be 160 square feet, which is smaller than what presently
exists. Since a deck 120 square feet in size could be allowed without a variance (applying
criteria from the Shoreland Ordinance on deck additions), the DNR offered approval of the
variance as a compromise for reducing its size. Buss explained that the ordinance does not allow
decks to be roofed or screened as this is viewed as expansion of potential living space into the
setback and enclosing the lower deck area could not be allowed. Buss noted that a porch could
be allowed on the west side of the house without a variance.
Buss stated that the County will require a septic permit for expansion of the cabin and a
Carnelian-Marine Watershed District permit will be needed for buffer requirements. Findings
and conditions to approve construction of a deck 160 square feet in size located 71 feet from the
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OHWL and 25 feet from the bluffline, but to not approve the request to screen and enclose the
area below the deck, were included in a resolution.
Chair Maefsky opened the public hearing at 7:24 p.m.
Cliff Guggisberg, 12780 182nd Street, stated that he had no problem with the Kramers’ plan since
the deck will not disturb his view. He said that the cabin’s deck existed when he moved to his
property in 1991. He offered that a screened porch would be nice due to the mosquitos and that a
neighboring house recently built (Lepinskis) does have a screened porch.
Commissioner Anderson questioned if permission had ever been granted to allow screened
decks.
Chair Maefsky called for the meeting to be recessed while staff researched the conditions of a
variance granted in 2007 to Al Lepinski at 12614 182nd Street. The meeting was resumed and
Administrator Handt reported that a variance was approved in 2007 to replace a cabin which had
an existing porch and deck without going closer to the lake; the Shoreland Ordinance was
adopted in 2008. Handt concluded that it is accurate to say that screened decks have never been
granted since adoption of the Shoreland Ordinance.
Chair Maefsky asked the applicants if they would consider a screened porch on the west side.
Mary Kramer said that the view would be into the woods, not the lake, and the most logical
location is under the deck.
Planner Buss explained that approving a variance needs a rationale of something unique to the
property, and mosquitos are not a unique rationale. Not enclosing a deck is a strict requirement
as it is considered expansion of the structure toward the lake; if converted into a room, a future
deck could then be built off of that.
Commissioner Hogle stated that she is sympathetic to the applicant’s request but does not like to
go against the DNR’s regulations. Administrator Handt noted that the city has gotten a number
of requests to screen in decks but has been consistent with this regulation.
Commissioner Anderson stated that it may make sense to screen in the porch, but since it falls
within the setback of the lake, their hands are tied.
Chair Maefsky stated that the shoreland ordinance will be coming up for review with the future
Comp Plan update and a change could be made to allow screening. She recommended the
Kramers construct the deck with the potential to add screening in the future. Maefsky
encouraged the Kramers to advocate for a change during the Comp Plan review to allow decks to
be screened.
Greg Kramer asked to what extent they could repair the non-conforming deck. Buss said that up
to 50% of the market value of the structure could be repaired without a variance.
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Hogle, seconded by Anderson, moved approve Resolution No. 05-05-15-01, Approving a
Variance for 12810 182nd Street, as presented. The motion carried 3-0.
The recommendation to approve the variance will go to the City Council at their May 19, 2015
meeting.
DRAFT ORDINANCE NO. 161 ACCESSORY DWELLING UNITS
A public hearing was held at the April 7th Planning Commission meeting on proposed Ordinance
No. 161 to amend the Development Code to allow accessory dwelling units to achieve a goal of
providing life cycle housing to area residents. Positive comments were received and Planner
Buss provided additional information for further discussion.
The zoning ordinance currently provides for 3 types of temporary dwelling units – those for Care
Facilities, Temporary Units during Construction, and Temporary Farm Dwellings. Buss
explained these are generally mobile homes that are not permanent and have a defined
expiration. Buss stated that she found no conflicts with the proposed amendments and temporary
units now permitted. Buss asked if the Commissioners had concerns that up to 3 accessory
dwelling units could exist on properties greater than 10 acres, and all 4 on ag parcels over 75
acres.
Chair Maefsky stated that there does not appear to be a problem since the temporary units have
standards for their removal. Buss stated that the number and size allowed will be governed by
the accessory structures code.
Buss noted the requested changes that were made to the draft ordinance:
Public notice requirement to adjacent parcels instead to those within 100 feet.
Permit accessory dwelling units closer to the roadway on parcels that are 5 acres or
larger, where the structure is at least 200 feet from the road ROW. This conforms to the
accessory structure ordinance.
Permitted maximum size of internal accessory units was increased to 1,000 square feet.
Common ownership language and covenant recording language was revised by the City
Attorney. An Accessory Dwelling Unit permit will not expire upon transfer of the
property to a new owner, but will run with the property.
The Planning Commission began a further review of the ordinance and requested a few more
changes. Chair Maefsky asked that “parcel” be replaced with the term “lot” to match the
definitions in Chapter One of the development code.
It was decided to reorder the standards by listing the Administrative Permit requirements as #7
followed by procedures for obtaining an Occupancy Permit as #8; the remaining standards are
renumbered from there (i.e. #8 now becomes #9, …).
The last sentence of #9.a) was removed, addressing height of the accessory dwelling unit, since it
was redundant with the first sentence.
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Design standards for detached units was revised to include language that aligns with the
accessory structure ordinance, that the unit match or be in harmony with the principal building
on lots 4 acres or smaller. A statement to exclude existing barns, silos, and historic structures
was added.
The Commissioners requested that a clean copy be e-mailed to them following the Council’s
review at their May 6th Work Session.
Loeffler, seconded by Anderson, moved to recommend to the Council adoption of
Ordinance No. 161 with the recommended changes.
Commissioner Hogle stated that she would like to see a clean copy with the changes at the next
Planning Commission meeting before recommending adoption. Commissioner Loeffler noted
that if they had concerns, these comments could be made at the May 19th Council meeting before
the ordinance is adopted.
The above motion carried 3-1, with Hogle opposed.
SOLAR FARMS DRAFT ORDINANCE
As was discussed at the last meeting, Scandia’s development code does not have performance
standards for the placement of solar farms or gardens on properties. With the mandated law for
power companies to generate1.5% of their power using solar by 2020, grants are being provided
for the construction of solar gardens -- large scale installations of solar panels for the production
of solar power to provide the sale of generated energy.
Planner Buss provided a draft ordinance based on other communities’ adopted solar ordinances.
Definitions and performance standards were discussed for adapting the standards to Scandia. It
was clarified that the ordinance is being created for solar gardens and farms, and not applied to
building integrated systems that create solar energy primarily for use on that property.
It was agreed that the standard definitions provided in the draft were adequate, although there
was some confusion if a community solar garden, where a neighborhood buys into shares for
their own use, was included in the definition of a solar farm. Buss noted that solar gardens and
solar farms are different types of solar energy systems. It may be possible for Scandia to
regulate solar gardens and solar farms in the same way, but the two types of solar systems are
defined separately in State Statute. Buss will research this further and bring a revised definition
section to the next meeting.
What zoning districts to allow solar farms to be located was thoroughly discussed. Since at least
5 acres is needed for mega-watt systems, the AG Preserves, AG Core and General Rural were
identified as allowable districts. The Industrial Park district was excluded since a solar farm
would lower the tax base and the property is more valuable as commercial business property.
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It was agreed to permit solar farms with the issuance of a Conditional Use Permit rather than an
Interim Use Permit. The long term investment of 20 to 30 years in a solar farm operation would
allow the CUP to continue upon sale of the land. Areas to prohibit solar farms were identified
within the Shoreland Districts, the St. Croix River District and within wetlands to the extent
required by the MN Wetlands Conservation Act.
Buss reviewed the permit application requirements in the draft and no changes were identified.
A detailed site plan, vertical cross-section elevations and the system’s relationship to structures
on adjacent lots within 150 feet of the boundary were identified as important submittals. Natural
resource assessments and an impact mitigation plan could be optional on projects greater than 10
acres, and it was agreed to leave these requirements in the draft.
The performance standards were then discussed. It was agreed to set the minimum lot size at 5
acres. Commissioner Anderson stated that he would like to have solar farms prohibited along the
major intersections so that this is preserved for future commercial growth. Buss will research
wording to possibly increase the setbacks along major roadways and bring this to the next
meeting.
Commissioners determined that ground-mounted systems should not exceed 15 feet in height.
The performance standard addressing screening will be included as presented, with panels that
are located at least 200 feet from the adjacent right-of-way or residential use excluded from
screening.
Buss noted that (F) and (J), permitting for stormwater management, erosion control and lot
coverage standards, could be combined.
Burying power lines was questioned and it was recommended that an expert on solar installations
be invited to the next meeting to provide information on this standard and on other requirements
in the ordinance. The draft will also be sent out to 3 or 4 solar providers for their comments.
Administrator Handt noted that other communities have had concerns about lost tax revenues on
solar farm parcels that are developable and are negotiating with solar developers to make up for
this loss with payments in lieu of taxes. Handt will consult with the City Attorney on how to
reference language for development agreements that would be included in the ordinance.
Handt announced a workshop on community solar gardens that Commissioners could have an
opportunity to attend on May 21st. Commissioners Hogle and Anderson will attend along with
Handt, and will be able to bring back additional information for the June 2nd meeting.
Loeffler, seconded by Hogle, moved to schedule a public hearing on the solar farm
ordinance for the June 2, 2015 Planning Commission meeting, and to invite expert
providers to offer their opinions on the ordinance. The motion carried 4-0.
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WIRELESS TOWERS ORDINANCE DISCUSSION
Planner Buss has reported at the last few meetings on the new FCC regulations that would make
it easier for wireless providers to update their equipment. This means the City could not deny
updates to permitted cell towers as long as they are not a substantial change, meaning the height
could increase up to 20 feet without needing approval from the City.
Buss recommended the City’s ordinance be amended by reducing the maximum height of cell
towers by 20 feet to account for any potential increase that would not need a permit under the
new FCC regulations. Commissioners were in agreement that doing so would keep the status
quo of cell tower height under the new rules.
Loeffler, seconded by Hogle, moved to schedule a public hearing for June 2, 2015 to
consider an amendment to lower the maximum permitted cell tower height by 20 feet. The
motion carried 4-0.
ADJOURNMENT
Loeffler, seconded by Hogle, moved to adjourn the meeting. The motion carried 4-0.
The meeting adjourned at 9:55 p.m.
Respectfully submitted,
Brenda Eklund
Deputy Clerk