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PC-12-07-10 CITY OF SHOREWOOD COUNCIL CHAMBERS PLANNING COMMISSION MEETING 5755 COUNTRY CLUB ROAD TUESDAY, 7 DECEMBER 2010 7:00 P.M. MINUTES CALL TO ORDER Chair Geng called the meeting to order at 7:00 P.M. ROLL CALL Present: Chair Geng; Commissioners Hasek, Hutchins, Ruoff, and Davis; Planning Director Nielsen; Council Liaison Woodruff Absent: Commissioners Arnst and Vilett APPROVAL OF AGENDA Hasek moved, Hutchins seconded, Approving the Planning Commission Agenda of December 7, 2010 as presented. Motion passed 5/0. APPROVAL OF MINUTES  November 16, 2010 Hutchins moved, Hasek seconded, Approving the Planning Commission Meeting Minutes of November 16, 2010 as presented. Motion passed 5/0. 1. 7:00 P.M. PUBLIC HEARING – CODE AMENDMENT REGARDING NONCONFORMITIES Director Nielsen explained that the reason for the proposed amendments to the City Code regarding nonconforming buildings, structures, and uses is to bring it into compliance with State Statutes while trying to preserve some use of the regulations. He stated that the intent of existing City Code is to eliminate or minimize nonconformities. However, recent changes to the State Statutes require that property owners be compensated for the loss of legal nonconformities due to mandatory removal. Nielsen reviewed the third draft of the proposed code with special attention to the newly added Section 3. which reads: “In instances where complete compliance cannot be achieved, nonconforming structures may be moved or rebuilt when it can be demonstrated that the structure has less impact on adjacent properties and conforms substantially better with current zoning requirements. Approval of such cases shall take into consideration existing and proposed landscaping, sight lines, and site drainage.” He said this section will directly affect the setback variance request by the Gideon Cove H.O.A. on the current Agenda by eliminating the need for a variance if the proposed code amendment is adopted. Commissioner Hasek asked how Section 3 applies to the Edwards C.U.P. at 6170 Ridge Road. Nielsen said it does not apply to the shed and deck located within the lakeshore setback since the applicant is not proposing to bring those structures into better conformity, even if they prove to be legal nonconformities. It could apply to the garage on the site if they wanted to move it away from the street for instance. PLANNING COMMISSION MINUTES 7 December 2010 Page 2 of 5 There being no one present wishing to comment on this matter, Chair Geng opened and closed the public testimony portion of the public hearing at 7:13 P.M. Commissioner Hasek stated he was not comfortable with using the word “substantially” to define better conformance in Section 3. Director Nielsen agreed that it is very subjective, and said it could be stricken from the proposed text if necessary. Councilmember Woodruff said in his opinion he would be concerned with what precedence might be set by determining when something conforms substantially better. He asked, when is a lesser nonconformance okay? Nielsen suggested that the approval process for Section 3 could be done by Conditional Use Permit, or simply subject to review and approval by the Planning Commission and/or City Council. Commissioner Hutchins asked if the subjectivity of Section 3 would place a lot more burden of judgment on staff. Nielsen said it would be more than usual, and having Planning Commission and/or City Council review would alleviate that. Hasek moved, Ruoff seconded, recommending approval of the Code Amendment regarding Nonconforming Buildings, Structures and Uses, subject to proposed Section 3 be revised to include review and recommendation of the Planning Commission and/or approval by the City Council. Motion passed 5/0. 2. 7:15 P.M. PUBLIC HEARING – CODE AMENDMENT REGARDING TRASH ENCLOSURES Director Nielsen recapped the proposed code stating that with the exception of single and two-family residential, all properties would be required to keep trash receptacles within an enclosure in conformance with the code provisions. Trash receptacles on single and two-family residential properties must be removed from the street within 12 hours after trash pickup and, if stored outside, are an allowable encroachment in the front yard setback by no more than five feet. Chair Geng opened the public testimony portion of the public hearing at 7:37 P.M. Mark Sass, local business owner and former resident, asked why the City is proposing more rules and laws now. He asked where does government stop? He said he will lose parking spaces by having to comply with this requirement. Director Nielsen explained that the Code is being proposed due to problems created by another local business who has been drawing complaints about the visibility of their dumpster and has chosen not to cooperate on a request basis. Chair Geng closed the public testimony portion of the public hearing at 7:43 P.M. Commissioner Hasek asked how much screening an enclosure must provide. Nielsen said opacity must be 100 percent. Hasek moved, Hutchins seconded, recommending approval of the Code Amendment regarding Trash Enclosures as proposed. Motion passed 5/0. Chair Geng stated this item will be on the City Council Agenda on December 13, 2010. PLANNING COMMISSION MINUTES 7 December 2010 Page 3 of 5 3. 7:20 P.M. PUBLIC HEARING – SETBACK VARIANCE Director Nielsen reviewed his staff report stating that Gideon Cove is a planned unit development, located on Lawtonka Drive, consisting of six twinhomes (12 units) and four outlots which serve as common open space for the development. Three of the outlots, located on the north side of Timber Lane, make up a peninsula of land that extends into Gideon Bay in Lake Minnetonka. The outlots are occupied by two docks owned by two individual property owners, and two accessory buildings, owned by the Gideon Cove Homeowners Association (HOA). The two buildings are in need of substantial renovation and the HOA proposes to replace the two structures with a single building, located further back on the lot. Given the 50-foot setback from the ordinary high water level of Lake Minnetonka, and the narrowness of the peninsula, it is impossible to meet the setback requirement imposed by the Shorewood Zoning Code. Consequently, the HOA has applied for a setback variance. Nielsen stated that the code amendment regarding nonconformities, specifically Section 3 would, if approved, eliminated the need for a setback variance in this case. However, until that is adopted, the applicant’s only other option is to proceed with a setback variance. Therefore, Chair Geng opened the public testimony portion of the public hearing at 8:52 P.M. Bret Olseth, 23790 Lawtonka Drive, President of the Gideon Cove Homeowner’s Association, said they have been considering this improvement for a long time, including making improvements to the existing buildings as well. He said the proposed new building will be more useful to the residents and the location and sightlines will work better for use of the peninsula itself. The cost of building new is less than remodeling. Chair Geng closed the public testimony portion of the public hearing at 8:55 P.M. Commissioner Hutchins asked what the purpose is for the deck, and if the multiple doorways shown on the floor plan were required by code. Mr. Olseth responded that initially the deck would have been enclosed and was designed for storage, but the HOA decided it would serve well for social use during summer months as well, which is the reason for the door as it provides access out to the deck. Councilmember Woodruff asked how hardcover will be impacted. Nielsen said it is actually reducing from approximately 4.7 to 4.5 percent, although those numbers include the docks which do not need to be part of the calculation. Commissioner Hasek asked how the floor plan was determined, since it is a nonconforming structure he said it should be made as small as possible. Mr. Olseth said it will contain individual lockers inside for each resident. They will be separately locked and contained within a locked building for security reasons. He said the floor area remaining in the center of the floor will also be utilized for central storage. Hasek said he noticed there is a fence near the property that is within the public right-of-way and should be corrected. Davis moved, Ruoff seconded, recommending approval of the site plan as proposed, subject to recommendations as outlined in the staff report dated November 30, 2010 which include providing a landscape plan for the subject property to reduce the impact of the new structure, restore the shoreline where the current buildings are located, and legally combine the three outlots into one tax parcel. PLANNING COMMISSION MINUTES 7 December 2010 Page 4 of 5 Hasek requested that the motion be amended to include a requirement to move the existing fence out of the right-of-way so it is located on the property. Davis agreed to amend the motion to include relocation of the fence. Ruoff affirmed the second. Camille Schroeder, representing the HOA’s request, stated they were not aware that the fence was not on the property, but had no objection to correcting its location by moving it to the property line. Motion passed 5/0. Chair Geng stated that the public hearing is continued pending outcome of the City Council’s action regarding the Code Amendment regarding Nonconformities as it impacts this case. If the Code Amendment fails, the applicant may continue with their request for a setback variance. 4. DISCUSS 2011 WORK PROGRAM Director Nielsen reported that the 2011 Work Program will include a wrap-up of the Smithtown Crossing project when there will be a full attendance of Commissioners. Sustainability will also be part of the Program, and there was discussion about electronic packets as being one measure toward that goal. Councilmember Woodruff reported that the City has budgeted for laptops for councilmembers for the purpose of receiving electronic packets. Other items slated for the Work Program include Shady Hills Traffic controls discussion; a public hearing for the Shorewood Yacht Club C.U.P.; the annual variance discussion; Life-Cycle Housing (carry-over from 2010); and determination of the Chair and Vice-Chair for the new year. 5. MATTERS FROM THE FLOOR None. 6. OLD BUSINESS None. 7. NEW BUSINESS None. 8. DRAFT NEXT MEETING AGENDA This item was covered under the 2011 Work Program discussion. 9. REPORTS Director Nielsen informed the Commission that SLUC attendance expenses has been budgeted for 2011 that will allow a representative Planning Commission member to attend the monthly seminars. He said a system needs to be worked out to determine who will attend each month, in the event that more than one member is interested in a particular program. Of course, anyone may attend at their own expense at any time. PLANNING COMMISSION MINUTES 7 December 2010 Page 5 of 5 10. ADJOURNMENT Hasek moved, Davis seconded, adjourning the Planning Commission Meeting of December 7, 2010 at 8:41 P.M. Motion passed 5/0. RESPECTFULLY SUBMITTED, Patti Helgesen, Recorder