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4. Draft 12-01-2020 Planning Commission December 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. Vice-Chair Travis Loeffler called the meeting to order at 7:00 p.m. Roll call was taken. The following were participants to the meeting: Commissioners Greg Amundson, Travis Loeffler, and Perry Rynders. Absent: Chair Dan Squyres, Commissioner Jan Hogle. Staff present: City Planner Evan Monson, City Administrator Ken Cammilleri, City Clerk Brenda Eklund. Council member Jerry Cusick was also present. PUBLIC FORUM No public comments were made. APPROVAL OF AGENDA, MINUTES Vice Chair Loeffler added a discussion on dissenting votes on the Planning Commission’s recommendations to the City Council, to follow Agenda Item #6. Amundson, second by Rynders, moved to approve the agenda as amended. Motion unanimously carried by roll call vote. Amundson, second by Rynders, moved to approve the November 10, 2020 minutes as presented. Motion unanimously carried by roll call vote. PUBLIC HEARING – VARIANCE TO REMODEL AN EXISTING NONCONFORMING STRUCTURE, AND VARIANCES TO ACCESSORY STRUCTURE REQUIREMENTS AT 13110 182ND STREET NORTH. KEVIN AND CARLA GUINEE, APPLICANTS. PC RESOLUTION NO. 2020-25. Kevin and Carla Guinee are seeking a variance from the minimum side setback in order to remodel and add onto an existing residence at 13310 182nd Street, a 1.17-acre lot on the south side of Big Marine Lake. The applicants are looking to make the structure their permanent year- round residence. The existing cabin is located 11.7-feet from the west side property line; the lot requires a 20-foot side yard setback, defining it as a non-conforming structure. The proposed addition will be built on the east side within the buildable area of the lot and not encroach any closer into the side yard setback. The house is setback approximately 131 feet from the lake. An attached two-car garage is proposed to be built towards the road side and meeting the 20-foot side yard setback. An existing 24’ by 36’ detached garage will remain on the site. The application described that the existing grades make it dangerous to walk from the detached garage to the home in the winter months, necessitating a need for an attached garage to avoid hazardous conditions. December 1, 2020 Scandia Planning Commission Page 2 of 4 Several letters of support from neighboring property owners were received and included in the meeting materials. Planner Monson explained that the project exceeds 50% of the value of the non-conforming structure and requires a variance, based on language in the development code for non- conforming structures. A second variance is needed for the attached garage, as the development code allows that lots this size be limited to one accessory structure totaling 1,000 square feet. Given there is an existing garage on the site already, a new accessory structure would need a variance. Planner Monson detailed the comments from the Watershed and City Engineer that erosion control and grading permits are necessary for this work. A replacement vegetation plan should be shown on the plans due to loss of some tree canopy for the project. The impervious lot coverage is calculated to be just under 15%. Planner Monson identified the criteria for approving a variance, and explained the findings regarding the request. The cabin was built at a time where the minimum setbacks from property lines were different than today’s, a practical difficulty not caused by the landowner. The proposed alterations would not alter or impact the essential character of the neighborhood, and not encroach any further into the front, east or lake setbacks. However, the attached garage as an additional accessory structure could not be defined as the minimum request necessary to eliminate the practical difficulty. Wanting to have both an attached and detached structure could be better addressed with an amendment to the development code. Monson concluded with conditions to approve the remodel of the structure, but not for the attached garage. Vice Chair Loeffler opened the public hearing at 7:19 p.m. City Administrator Ken Cammilleri noted that a tree replacement plan should be included in the plans as requested by the City Engineer. Planner Monson stated that this language could be added to Condition #3 that requires grading and erosion control plans. Kevin Guinee, applicant, described five trees in the vicinity of the proposed addition that have been identified for removal. The lot is significantly wooded and effectively not viewable from the street. The stormwater flows down the west side of the property and he sees no changes to runoff with the modest addition. He noted the support from the neighbors. Christine Erickson, 13090 182nd Street, stated that other properties along the street have both attached and detached garages; allowing this for the Guinees would not change the character of the neighborhood. She asked why this would be denied knowing it already exists in the neighborhood. Daniel Potter, 13260 182nd Street, said he reviewed the plans and the addition and garage are well thought out; he and his wife have no objections. There were no other comments and Vice Chair Loeffler closed the hearing at 7:27 p.m. December 1, 2020 Scandia Planning Commission Page 3 of 4 Commissioner Amundson asked if there is a drainage easement along the west side of the house. Administrator Cammilleri said there is an on-site swale for drainage but not an easement; the side setback here needs to be preserved. Commissioner Loeffler said this is a low impact addition, agreed to by Commissioners Amundson and Rynders. Cammilleri noted that this variance is similar to the Swenson variance at 18590 Norell Avenue that was approved by the City Council at their last meeting. Commissioner Loeffler questioned how the Council was able to grant a variance for a second garage that legal counsel advised against. Cammilleri explained that variance criteria are open to interpretation, and can be met if findings allow. The Council was comfortable with approving the attached garage because the ambiguous code language for accessory structures is earmarked for future amendments. Commissioners Rynders and Amundson said they were in favor of allowing the attached garage. Commissioner Loeffler said this is a valid request – the addition is not excessive and within the buildable area of the lot. Cammilleri advised that findings of approval be reviewed to reflect the direction they are going to approve the attached garage. Finding #7 in the resolution was reviewed with deletions as recommended by staff to meet approval of the addition and attached garage. Rynders, second by Amundson, moved to adopt PC Resolution 2020-25 with amendments to the findings in paragraph #7 and the addition of a tree replacement plan in Condition #3, approving variances for the addition and attached garage. Motion carried unanimously by roll call vote. The recommendation to approve the variance will be presented to the City Council at their meeting on December 15, 2020. DISCUSSION ON DEVELOPMENT & ZONING CODE UPDATE – SWANSON HASKAMP CONSULTING Julia Paulsen Mullin, SHC Consultant, explained their recommendation to transition the current zoning code update to a Unified Development Code (UDC). The UDC approach and structure will clean up and remove much of the legal ease and put the important stuff up front, will remove repetition so that the Code is concise and easier to navigate, incorporate visual diagrams and representations whenever possible to demonstrate the zoning standards and reduce narrative clutter, create opportunities to codify sections of the Design Guidelines, making it easier to understand when design standards are required versus when they are guidelines and/or suggested, and thereby meeting the objectives to create a more user friendly zoning and development code. Commissioners voiced their agreement to structure the code revisions using this approach. Staff will continue to provide updates and asked Commissioners to send Cammilleri any questions they may have for discussion at future monthly meetings. December 1, 2020 Scandia Planning Commission Page 4 of 4 ADDITION – DISCUSSION ON DISSENTING VOTES ON THE PLANNING COMMISSION’S RECOMMENDATIONS TO THE CITY COUNCIL Commissioner Loeffler stated that it is important for the Commissioners to understand why the City Council makes differing decisions on recommendations from the Planning Commission when they have made site visits, had lengthy discussions and conducted research on zoning requests. Administrator Cammilleri suggested Planner Monson prepare a summary report at each following meeting to help clarify any differing outcomes. A joint meeting was also suggested to discuss how ambiguities and code interpretation is approached. ITEMS FOR FUTURE AGENDAS – NEXT MEETING JANUARY 5, 2021 A public hearing will be held for a minor subdivision. The accessory structure code amendments will be reviewed in preparation for a possible public hearing in February. ADJOURNMENT Rynders, second by Amundson, moved to adjourn the meeting. Motion carried unanimously by roll call vote. The meeting adjourned at 8:41 p.m. Respectfully submitted, Brenda Eklund City Clerk