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09-01-2020 Planning Commission September 1, 2020 The Scandia Planning Commission held their regular monthly meeting on the above date with modifications. Due to the health advisory issued by the State regarding the COVID-19 outbreak, to avoid public gatherings and limit social contact, the meeting was conducted over an electronic platform. All Planning Commissioners, staff, and participants who joined the meeting remotely could hear each other and contribute to discussions. City Administrator Cammilleri and City Clerk Eklund were present in the Council Chambers. Cammilleri was the presenter and displayed the meeting materials for participants to view on their remote screens. Chair Dan Squyres called the meeting to order at 7:05 p.m. Roll call was taken. The following were participants to the meeting: Commissioners Greg Amundson, Jan Hogle, Travis Loeffler, Perry Rynders and Chair Dan Squyres. Staff present: City Planner Evan Monson, City Administrator Ken Cammilleri, City Clerk Brenda Eklund. Council member Jerry Cusick was also a participant to the virtual meeting. APPROVAL OF AGENDA, MINUTES Loeffler, second by Rynders, moved to approve the agenda as presented. Motion carried 5- 0 by roll call vote. Loeffler, second by Amundson, moved to approve the August 4, 2020 minutes as presented. Motion carried 5-0 by roll call vote. DISCUSSION ON ZONING & DEVELOPMENT CODE UPDATE PROJECT – SWANSON HASKAMP CONSULTING Julia Paulsen Mullin, Swanson Haskamp Consulting, presented a draft community survey in preparation of the zoning and development code rewrite project. Mullin explained that residents’ answers will guide and assist with the development of zoning standards for the new code. Commissioners offered their edits and suggestions on publicizing the survey through social media, city newsletter, and local newspapers. The City Council will also review the survey at its September 2 Work Session. Mullin estimated the response period will run for a few weeks after its launch. PUBLIC HEARING – VARIANCE AT 18570 NORELL AVENUE FROM LAKE, FRONT AND SIDE SETBACKS TO RECONSTRUCT A RESIDENTIAL STRUCTURE. APPLICANT JOHN WALSH ON BEHALF OF PROPERTY OWNERS TOM AND BARB TOMARO. PC RESOLUTION NO. 2020-14 John Walsh, contractor for property owners Barb and Tom Tomaro, has applied for variances from lake and side setbacks to construct a residential structure with attached garage at 12050 196th Street, a non-conforming lot on Big Marine Lake. The application stated that an existing cabin, located 31.5 feet from the Ordinary High Water Level, and two sheds will be removed. The new structure would be 85 feet from the OHWL (100 feet required) and 19 feet from each of the side lot lines (20 feet required). Planner Monson provided a detailed description of the request. The City Engineer had concerns that a larger house would result in additional demands on the Anderson/Erickson sewer system September 1, 2020 Scandia Planning Commission Page 2 of 6 which is already operating at capacity, and could overwhelm the system. The Engineer also recommended a 5 foot drainage and utility easement along the entire eastern property line to allow for location of private utilities, along with required driveway and grading permits. The Carnelian-Marine-St. Croix Watershed District will require permits for stormwater management, erosion control and buffers. Planner Monson concluded with a recommendation to approve the variance request with findings and conditions. The proposed structure will be further away from the lake than the existing cabin and the side setback variance is minimal. Following the recommendation of the City Engineer, a condition was included that the property must be served by a private, on-site septic system. Chair Squyres opened the public hearing at 7:46 p.m. Applicants John Walsh and property owners Tom and Barb Tomaro questioned if the existing cabin could remain on the property instead of being torn down. Staff noted that this change in the site plan would require a new submission of their request and a restart of the review, adding that a Conditional Use Permit is needed for an accessory dwelling unit in the shoreland district. The applicants replied that they will proceed with this application as presented, with the cabin and sheds being removed from the property. There were no further comments and Chair Squyres closed the hearing at 7:59 p.m. Chair Squyres addressed the engineer’s sewer comments, stating that a private septic system is not shown on the site plan. Administrator Cammilleri explained the issue with septic -- the proposed house has a larger occupancy and cannot be permitted in the existing system that is at capacity. As seasonal cabins are being converted to year around dwellings, this higher intensity has pushed the system to capacity. This issue came to light as the Engineer provided comments on this application. The applicants could scale down the number of bedrooms to remain on the system, or install a private septic. The Anderson-Erickson cannot take on larger homes. Cammilleri cited language in the ordinance specifically on flow data to back up the Engineer’s remarks on capacity issues. John Walsh explained that in further discussions with Planner Monson during the review, there has not yet been an opportunity to plan for a separate septic system. Chair Squyres asked if the new home cannot connect to the city’s system, is there a solution for their current plan, such as holding tanks or a drainfield? Mr. Walsh explained that there would have to be soil tests to see if a drainfield is feasible, but there may not be room on the property for a mound system. An option could be holding tanks, but staff noted that the County only allows holding tanks for a temporary basis. Mr. Walsh questioned the effects of private septic systems in the shoreland. The Commissioners deliberated that placement of a septic system could change the layout and location of the proposed home, and addressed the need for a more accurate survey of the property showing more exacting measurements. September 1, 2020 Scandia Planning Commission Page 3 of 6 Squyres, second by Amundson, moved to table the variance application to allow the applicants time to gather additional data and prepare a survey for further review. The motion carried 5-0 by a roll call vote. City Administrator Cammilleri agreed that a more accurate survey is needed. Staff will work with the applicants on the specifics to locate a septic system on the property for further review at a future meeting. PUBLIC HEARING – CONDITIONAL USE PERMIT FOR EXPANSION OF THE DISABLED VETERANS REST CAMP ON BIG MARINE LAKE, 11300 180TH STREET NORTH. APPLICANT SHARON PRICE, PROPERTY ACQUISITION MANAGER WITH WASHINGTON COUNTY DEPARTMENT OF PUBLIC WORKS AND KEN LARSON, MANAGER OF THE VETS CAMP. PC RESOLUTION NO. 2020-15 The Disabled Veterans Rest Camp at 11300 180th Street, located in May Township, is proposing to acquire a small portion of land from Washington County to expand their site into Scandia. Twenty new campsites are proposed on this 2.81-acre parcel located along Big Marine Lake. The new RV sites will be integrated into the existing campground and accessible by the existing roadway. Planner Monson explained that state law allows for improvements to the Camp through a Planned Unit Development permit. Scandia’s Development Code has PUDs permitted through a Conditional Use Permit. Monson identified the criteria for PUDs and CUPs and noted that PUDs allow for more flexibility in development design than what is normally required, such as minimum setbacks. The plans show the RV sites to have a minimum setback of 10 feet from the small bluff that runs along the shoreline and from the property line. Planner Monson concluded with a recommendation to approve a CUP for expansion of the Camp with findings and ten conditions presented in a resolution. The request is not in conflict with the Comp Plan, is an expansion of an existing use, and will not negatively affect the surrounding parcels. Monson noted that the campground use will need to follow general requirements in the development code related to lighting, vegetation management, grading and stormwater management. Chair Squyres opened the public hearing at 8:40 p.m. Applicant Ken Larson, Manager of the Disabled Veterans Camp, said he is aware of the procedures to guide this project along. Applicant Sharon Price, Property Acquisition Manager with Washington County Department of Public Works, stated the County’s support of the project. There were no further comments and Chair Squyres closed the hearing at 8:41 p.m. Commissioner Rynders said he has no issues with this straightforward request, and asked if there are any concerns about the tree removal to prepare this site. Planner Monson stated that there are September 1, 2020 Scandia Planning Commission Page 4 of 6 no major concerns; grading permits will address site preparation for the expansion of the campground. Chair Squyres said that this is a proposed plan before them. Are there any concerns that this area could become an amphitheater instead of RV sites? Planner Monson said that any major changes, such as different structures than campsites, would need approval for a revised CUP. Addressing tree removal, Administrator Cammilleri noted that they will need a vegetation plan with the grading/filling plan. Chair Squyres asked if there will be impacts in having the sites within 10’ of the bluff area of the lake. Planner Monson said that this doesn’t meet a technical definition of bluff. As this request is permitted by a PUD, zoning is consistent with the existing land use as a campground and is maintaining similar setbacks as the rest of the campsites in May Township. Mr. Larson stated that they are following the rules of the Watershed District. Squyres stated that as long as they are conforming with their past direction, he sees no reason to object. Rynders, second by Amundson, move to approve PC Resolution No. 2020-15, Approving a Conditional Use Permit for the Disabled Veterans Rest Camp located at Parcel ID 31.032.20.44.0001 as presented. Motion carried 4-0 by a roll call vote, with Commissioner Loeffler abstaining. The recommendation to approve the CUP will be presented to the City Council at their meeting on September 15, 2020. PUBLIC HEARING - ZONING CODE AMENDMENTS TO THE RURAL EVENT FACILITY ORDINANCE At their August 4th meeting, the Commissioners called for a public hearing on amendments to the Rural Event Facility ordinance that would change the use from being permitted on an interim basis to a long-lasting conditional use in the Ag Core and General Rural zoning districts. Other changes included removing the requirement of acquiring an Annual Operating Permit and replacing with a business license, and “grandfathering in” existing Rural Event Facilities. Chair Squyres opened the public hearing at 9:00 p.m. Jeff Gacek, operator of Redeemed Farm Rural Event Facility, questioned Section 4.33(3) Business license required, and asked what this would look like. Would it apply to all businesses or just rural event centers? Administrator Cammilleri said it would apply to all businesses that meet the definition of a rural event facility. The operations will need to conform with the standards of the ordinance. An ordinance adopting business license requirements will need to be taken up by the City Council. Mr. Gacek asked about Section 4.33(5)(I) No more than one event shall be scheduled on any calendar date. Gacek explained that he was approved to host up to four events a day with smaller numbers of guests. Chair Squyres recalled that this language was replaced in the draft version the Commissioners reviewed last month, with regulations based on actual capacity. Commissioners agreed that this paragraph be edited to allow for more events in one day without exceeding capacity. September 1, 2020 Scandia Planning Commission Page 5 of 6 There were no other comments and Chair Squyres closed the hearing at 9:14 p.m. Commissioners discussed the wording of Section 4.33(5)(I) and recommended an edit to read: “The Rural Event Facility may host no more than 300 persons per day, with a maximum of four events per calendar day.” Squyres, second by Loeffler, moved to recommend adoption of an amended Rural Event Facility Ordinance with an edit to Section 4.33 (5)(I). Motion carried 5-0 by a roll call vote. The recommendation to approve the ordinance amendment will be presented to the City Council at their meeting on September 15, 2020. DISCUSSION ON THE TABLED VARIANCE AT 12050 196TH STREET FROM LAKE SETBACK AND SIDE SETBACK TO RECONSTRUCT A RESIDENTIAL STRUCTURE. DEBRA AND ROBERT DAVIES, APPLICANTS. PC RESOLUTION NO. 2020-13 A variance application at 12050 196th Street was tabled at the August 4, 2020 meeting to allow the applicants time to revise their plans to address the concerns of the Planning Commission on setbacks and moving the proposed residence away from the lake. Planner Monson described the new site plan submitted on August 18, 2020. The applicants conformed with the Commissioners’ request not to move any buildings closer to the lakeshore. The new plan places the cabin 40.5 feet from the OHWL, a change from the previous plan showing the cabin at 35.1 feet. The cabin now sits parallel to the side lot line, and the garage was reduced in size by 100 square feet. The side setbacks are approximately 8 feet. The Davies written narrative explained how their design preserves and improves the natural characteristics of the property, and further reduces impacts from the initial design. A letter of support was received from Stephen Pojar, 12070 196th Street. Mr. Pojar explained there is a perpetual easement and maintenance agreement in place for the shared well that easily meets the demands of the three adjoining properties. Debra Davies explained that the structural coverage calculates to 11.5%, thereby minimizing impacts to lake. Commissioner Rynders said that the new site plan is incredibly thoughtful, and modified accordingly to their concerns. Rynders noted that the steps of the deck should be measured for OHWL setback rather than the corner of the house. It was clarified that any impervious surface area such as steps or decks are included in measurements from the OWHL. Language in the resolution did reflect this accurately. Commissioner Amundson said that this is great compromise to the initial plan; Commissioner Hogle agreed. Chair Squyres said this is a better site plan. Commissioner Loeffler said he was more impressed with this revised rendition. September 1, 2020 Scandia Planning Commission Page 6 of 6 Loeffler, second by Amundson, moved to approve PC Resolution No. 2020-13, Approving Variance for Parcel 29.032.20.14.0009 located at 12050 196th Street North as presented. Motion carried 5-0 by roll call vote. The recommendation to approve the variance will be presented to the City Council at their meeting on September 15, 2020. ITEMS FOR FUTURE AGENDAS – NEXT MEETING OCTOBER 6, 2020 Staff reported that at this time, five variance applications are scheduled for public hearings on October 6th, and recommended the Commissioners consider adjusting their meeting time. The ordinance allows the Chair to call special meetings to accommodate scheduling. Chair Squyres called for the October 6, 2020 meeting to begin at 6:00 p.m., and the site visits to be held on Sunday, October 4th if possible. ADJOURNMENT Loeffler, second by Rynders, moved to adjourn the meeting. Motion carried 5-0 by roll call vote. The meeting adjourned at 10:07 p.m. Respectfully submitted, Brenda Eklund City Clerk