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08-04-20 Planning Commission packet CITY OF SHOREWOOD COUNCIL CHAMBERS PLANNING COMMISSION MEETING 5755 COUNTRY CLUB ROAD TUESDAY, JULY 7, 2020 7:00 P.M. -DRAFT- MINUTES CALL TO ORDER Chair Maddy called the meeting to order at 7:05 P.M. Due to the Centers for Disease Control’s recommendation limiting the number of people present at a meeting, and pursuant to MN Statute 13D.02, the Shorewood Planning Commission meeting was held by electronic means. ROLL CALL Present: Chair Maddy; Commissioners Eggenberger, Gault and Riedel; Planning Director Darling; Communication Director Julie Moore, and Council Liaison Siakel Absent: Commissioner Gorham 1. APPROVAL OF AGENDA Riedel moved, Gault seconded, approving the agenda for July 7, 2020, as presented. Roll Call Vote: Ayes – all. Motion passed 4/0. 2. APPROVAL OF MINUTES  May 5, 2020 Riedel moved, Eggenberger seconded, approving the Planning Commission Meeting Minutes of May 5, 2020, as presented. Roll Call Vote: Ayes – all. Motion passed 4/0. 3. PUBLIC HEARINGS Chair Maddy explained the Planning Commission is comprised of residents of the City of Shorewood who are serving as volunteers on the Commission. The Commissioners are appointed by the City Council. The Commission’s role is to help the City Council in determining zoning and planning issues. One of the Commission’s responsibilities is to hold public hearings and to help develop the factual record for an application and to make a non-binding recommendation to the City Council. The recommendation is advisory only. He gave an overview of how residents can participate via electronic means. A. PUBLIC HEARING – CONDITIONAL USE PERMIT (CUP) TO IMPORT 1,230 CUBIC YARDS OF FILL Applicant: Clayton and Jennifer Tessness Location: 23100 Summit Avenue Planning Director Darling gave an overview of the application for a CUP to bring in 1,230 cubic yards of fill where 100 cubic yards is allowed without a CUP. She stated that the applicant has calculated the amount of fill needed for a building pad for the proposed new home. She reviewed some of the concerns with the CUP and noted that these are all outlined in the suggested CITY OF SHOREWOOD PLANNING COMMISSION MEETING JULY 7, 2020 DRAFT MINUTES Page 2 of 9 conditions. She noted that the proposed haul route to the site would be: Galpin Lake Boulevard to Melody Hill Road and then to Hummingbird Road/Summit Avenue and leaving the site would be: Summit Avenue to Murray Hill Road to Chaska Road to State Highway 7. She stated that staff supports the proposed haul route but recommends only one truck on Summit Avenue/Hummingbird Road at the time. She stated that staff intends to document the condition of the road before and after the fill is brought in and will require the applicant to repair any damage that is caused by truck traffic. She stated that the applicant has proposed to maintain a double row of silt fencing on the site to keep the fill material at the construction site. She stated that staff is also recommending that the applicant spray the site with water during delivery and dry windy days to keep the dust down. She stated that streets will need to be swept daily when grading is occurring to reduce sediment in the stormwater runoff. She reviewed the requirements and timeline to stabilize the site once the construction is completed. She noted that staff has received 3 letters as part of the public input which are now part of the public record. Planning Director Darling presented the 3 letters to the Commission and outlined the concerns raised in each of the letters. Vicki Franzen, 6260 Hummingbird Road, listed concerns as: inadequate notice to surrounding properties; narrowness of Hummingbird Road; impact of truck traffic on Hummingbird Road; load restrictions for Hummingbird Road and Summit Avenue. Ms. Franzen expressed her opinion that only Summit Avenue be used for delivery of materials. She would also like to have residents receive notice of the timing of the project and when the deliveries will begin and end. Kevin and Sue Quist, 6301 Hummingbird Road, listed their concerns as: using Hummingbird Road for delivery because of the narrowness of the road; impacts to Hummingbird Road and would like to know how the City will monitor this and how limiting the trucks to one at a time would be enforced. Planning Director Darling explained that the Building Official will be monitoring the enforcement of the truck traffic. Charlie Howley, Public Works Director, Chanhassen, submitted a letter outlining some recommended limits. Planning Director Darling noted that City staff is in support of all of the suggested limits presented by Chanhassen. Commissioner Eggenberger asked about the concerns raised by Chanhassen and asked if the trucks would have to travel through Chanhassen to get to the property. Planning Director Darling gave an overview of the roads and where they cross City boundaries. Commissioner Riedel asked what range of values the City has seen in terms of this type of CUP request. He asked if there have been other projects that have asked for a comparable amount of fill. Planning Director Darling stated that there was an application in March of 2020 where they planned to bring in 1,300 -1,500 cubic yards of fill. She stated that she can also remember reviewing an application in the last 3 years from someone who asked to remove about 2,000 cubic yards of material from his site. Chair Maddy asked about the weight limits on the roadway and the concerns raised by Chanhassen that the trucks abide by the 7-ton weight limit. He asked if the City had a similar weight limit on the roadways. CITY OF SHOREWOOD PLANNING COMMISSION MEETING JULY 7, 2020 DRAFT MINUTES Page 3 of 9 Planning Director Darling noted that this is a typical road weight for a fire engine and is per axel, so City streets have to be designed to at least that road limit. She stated that the City does not have a particular weight limit but would have to abide by that limit since the Chanhassen roads were not designed to carry more weight than that. Commissioner Riedel stated that Hummingbird Road was apparently repaved recently and expressed concern about the relatively new roadway now have quite a bit of duress from the dump trucks. Planning Director Darling noted that Summit Avenue was recently repaved but had not heard that Hummingbird Road was also repaved. Commissioner Gault stated that he drove the area today and Galpin Lake Boulevard is also quite narrow, even for a normal sized vehicle, but noted that Murray Hill and Chaska Road are full width roadways. He stated that he feels it would make sense to use the shortest route on a narrow roadway rather than the longest route. Commissioner Riedel stated that the applicant can speak to that issue, but he is assuming that they are planning for the trucks to come in from one direction and leave in a different direction so the trucks can be kept moving. Clayton Tessness stated that he had thought he was just about ready for a building permit when he found out he needed a variance. He stated that they tried to do what would cause the least wear and tear on the new roads and explained how that factored into their proposed haul route. He explained that they are not big builders and this will be their personal home, so he wants to make the neighbors happy and not tear up the roads in the process. He stated that he went and introduced himself to all the neighbors last week and all of the people located in Shorewood were excited to meet him and supported the project. He stated that he did not go into Chanhassen because he was not aware that they had received letters. He stated that he did go and visit with all the people from Chanhassen that had sent letters. He stated that he understands their concerns because of the age of the road. He stated that Mr. Howley from Chanhassen actually made him feel a bit better about the weight of the trucks and told him it would be unlikely that they would cause any damage to the roadways. Commissioner Eggenberger asked what the time frame will be from the first truck unloading the last truck unloading. Mr. Tessness stated that he would hope that it would be under two weeks and noted that weather will be a key factor. He noted that there will need to be engineers on site to test the soil compaction rates. Commissioner Gault stated that Mr. Tessness thought he was ready for a building permit and asked if that was why he had not applied for a variance for the fill. He stated that he is a bit concerned that the City approved one variance with no indication that there would be another variance coming up right behind it. Mr. Tessness explained that he didn’t have any indication either and noted that there was just a lot of confusion for him throughout this process. He stated that he was pretty shocked that he needed a CUP on top of the other variance. Commissioner Gault asked about the provisions for protecting the property to the west. CITY OF SHOREWOOD PLANNING COMMISSION MEETING JULY 7, 2020 DRAFT MINUTES Page 4 of 9 Planning Director Darling stated that there is a double retaining wall in that area. Commissioner Gault stated that the retaining wall will not go all the way to the street. Planning Director Darling stated that it does not but the slopes that will be left should be 3:1 and then will also have retaining walls to help hold of the west side of the lot. Commissioner Gault expressed concern about the cliff at the edge of the street and noted that both he and Commissioner Riedel were out looking at the property today. Commissioner Riedel stated that he was unsure if the area was a foundation from a structure that had been demolished because there is new foundation. He stated that he understands what Commissioner Gault is referring to and explained that there is a cliff that drops off from Summit Avenue and with all the fill there will also be a cliff that drops off the new residence to the west. He stated that there will be a drop off where the retaining walls end directly towards the west. He stated that it may still meet the 3:1 slope criteria which can be confirmed by the engineers. Engineer Matt Bauman stated that the retaining walls tie into the slopes on the west side, for the most part. Commissioner Gault asked how high the bottom retaining wall will be. Engineer Bauman stated that the bottom one is 8 feet tall near the corner and taper down to match the existing slope as it reaches Summit Avenue and noted that the inner wall is about 7 feet at is highest. He noted that the City has had the applicant modify the plans to create a swale that will keep the water on their property and away from the property to the west as much as possible. Commissioner Gault asked what the setback requirements are for retaining walls. Planning Director Darling stated that there are no setback for retaining walls. Chair Maddy explained how people can participate in the public hearing. He opened the Public Hearing at 7:39 P.M. noting the procedures used in a Public Hearing. Todd Organ, 23090 Summit Avenue, stated that he has several concerns about this project. He stated that in addition to the trucks bringing in fill, there will also be a lot of boulders hauled in because of the large retaining wall. He stated that he has concerns regarding the impact to the roads and also concerns about children in the area with all the truck traffic coming in and out. He stated that the roads in the area are very narrow. He noted that he also has issues with the placement of the garage and gave a suggestion for a different placement. He stated that if it can be avoided, he would prefer not to have this driveway kiss his driveway. He stated that they are concerned about the properties to the north and north west and shared some concerns regarding drainage in the area. He stated that their well is in front of their home and the current driveway proposal brings it very close to their well. Chair Maddy reminded the participants that the only issue being discussed at tonight’s meeting is the CUP for bringing in fill and noted that the house design has already been approved. Laura Liedtke, 6231 Hummingbird Road, stated that they have dealt with construction for years on their road. She stated that she is concerned about the children on the street with the truck traffic. She noted that currently there are 9 children under the age of 13 that live on this street. She stated that this project is planning to use the City of Chanhassen’s road to get to the property CITY OF SHOREWOOD PLANNING COMMISSION MEETING JULY 7, 2020 DRAFT MINUTES Page 5 of 9 and asked the City to be mindful of these concerns and feels the two cities should be talking to each other about how this can be accomplished safely and without road destruction. She reiterated her concern for all the children that run up and down this street. Vicki Franzen, 6260 Hummingbird Road, stated that she was not one of the residents notified regarding this project, but was contacted by one of the nearby residents that was notified. She stated that she then shared this with other residents in the area. She stated that she understands the City met the legal requirement for notification, but feels that more people in the area should have been notified. She noted that Hummingbird Road has not been recently paved as was mentioned by one of the Commissioners earlier in the meeting. She stated that over the last 7 years they have had all the construction traffic from the home’s construction as part of the Summit Avenue PUD. She stated that she thinks using Summit Avenue would be the most safe route and would keep the trucks off of Hummingbird Road. She expressed concern about residents being able to use the street and emergency vehicles being able to access the streets on days when the trucks are hauling fill. She asked the Commission to strongly consider using the Shorewood route of Summit Avenue and not Hummingbird Road. Marilyn Zupnik, 6200 Hummingbird Road, asked where the fill will be dropped off and where the trucks will be stopping because there is a visibility issue near the lot. She asked if traffic would be able to drive through the area, as usual. Mr. Tessness stated that they are planning to just unload at the site and then move out one truck at a time. Ms. Zupnik asked if it would be done at the top of the hill or in another area. She stated that she has safety concerns with the hairpin curve. Mr. Tessness stated that he understands her concerns and they plan to be as mindful as they can and would like to just come down Hummingbird Road to Summit Avenue and turn downward toward the hill and back up onto the lot to drop the load. He stated that the only time he can see traffic being inhibited are the few moments where they have to turn and back up into the lot. Ms. Zupnik reiterated her concern about additional parking along the street and gave examples of service or lawncare trucks being parked along the road. She noted that there are many No Parking signs currently in the area, but it does not seem to be enforced. Mr. Tessness noted that he doesn’t think this will be a typical construction site and noted that he would be completing some of the work himself. He stated that he understands Ms. Zupnik’s concern and assured her that they do not want anyone to get hurt. He encouraged area residents to call him if there ends up being an issue. Christy LaCourse, 23080 Summit Avenue, asked if Mr. Tessness was a builder or if this is his first time building a house. Mr. Tessness explained that he is a licensed contractor and used to do a lot of additions and remodel jobs about 20 years ago. He stated that his primary focus now is painting, but explained that he does have experience. Ms. LaCourse stated that they agree that it makes the most sense to just keep the trucks on Summit Avenue because it will impact less people. There being no additional comments, Chair Maddy closed the Public Hearing at 8:04 p.m. CITY OF SHOREWOOD PLANNING COMMISSION MEETING JULY 7, 2020 DRAFT MINUTES Page 6 of 9 Commissioner Gault stated that the Chanhassen City Engineer wants the applicant to be fully responsible for repairs and reconditioning of Hummingbird Road if there is any damage. He asked if Mr. Tessness was aware of that request. Mr. Tessness stated that he doesn’t understand how the City of Chanhassen could make him sign an agreement since he is not building in Chanhassen. He stated that he spoke with them and believes everything they are asking for is understandable but does not think they will make him sign a legal agreement. Commissioner Gault asked if Mr. Tessness had seen the letter that was sent to Planning Director Darling. Chair Maddy summarized the letter outlined five things that Chanhassen would like to see included in the CUP. He stated that it appears that they are asking for a photo documentation of the before and after condition of the roadways. Mr. Tessness stated that he knew that is what they were asking for but isn’t sure how it ties into the CUP because he thought that was a separate situation with Chanhassen. He stated that if the Commission is okay with him just using Summit Avenue, he would be fine with that. His only concern would be potential weather delays because of the steepness of the road. He stated that he came up with the alternate haul route along Hummingbird Road because he thought that is what the City was looking for. Chair Maddy asked which route he would take if he didn’t have to take into consideration the neighbors. Mr. Tessness stated that he would like to have both options but would definitely be willing to only utilize Summit Avenue. Commissioner Riedel stated that it can certainly be a condition of the CUP that Mr. Tessness is required to enter into an agreement with the City of Chanhassen regarding the roadways. He asked if Mr. Tessness would enter into a similar binding agreement with the City if this project ends up only utilizing Summit Avenue. Mr. Tessness stated that he believes that there are already stipulations included in the CUP regarding the damage to the roadways. He noted that it may be difficult to determine who is responsible for the damage though because there is another house being built right next door. He agreed that if they do damage, they should fix it similar to a “you break it, you buy it” sign. Engineer Bauman stated that he is not overly concerned about potential damage to the roadways and thinks they should be able to handle it, as long as the trucks are not overloaded and are using appropriate axels. Planning Director Darling stated that staff plans to video the condition of the roadway before the project and after construction. Councilmember Siakel stated that these things have come up before Council in the past and regardless of whether it is Chanhassen or Tonka Bay, we share our roads and there have been plenty of construction projects that have overlapped with other cities. She stated that there is a formula that can be used to calculate how much money may need to be contributed for damage. She stated that the City has never had a homeowner be responsible for the road and there have CITY OF SHOREWOOD PLANNING COMMISSION MEETING JULY 7, 2020 DRAFT MINUTES Page 7 of 9 been some large projects that weren’t required. She stated that the roads are a City responsibility and suggested that the conversation move back to whether the Commission feels this CUP request is reasonable. She stated that this project has a home that has already been approved. Commissioner Gault stated that he is concerned about the comment that this is a home that has already been approved. He stated that it was approved when the homeowner knew that there would be significant fill required. He stated that there was already a variance approval that seemed reasonable when he just wanted to build closer to the street, but Mr. Tessness did not indicate that this much fill was going to be required to basically rebuild the entire hillside. He stated that he feels like this was a deliberate move and not accidental by the property owner. He stated that there is a way to build on this lot without bringing in this quantity of fill. Mr. Tessness apologized if he has given the impression that this was done deliberately. He stated that a large part of bringing in the fill is erosion control. He stated that he does not want a flat yard and if there is a way to build on this lot without bringing in this much fill, he would be interested. He stated that he was not aware that he would need a CUP in order to build his home and this was not a deliberate move. Commissioner Gault stated that it sounds like he is saying that the City told him he would need the fill. He asked how much fill was brought in for the other properties in the area. Mr. Tessness noted that the property next door has a wall that was grandfathered in to come across right-of-way which he was not allowed to do by the City. Engineer Bauman stated that the City did not direct Mr. Tessness that he had to put in the wall for erosion control, but it certainly helps. He stated that by building the house, they are increasing the impervious surface and they have to do some kind of rate control for the stormwater and with a steep site, putting the wall in with the rain garden definitely helps. He noted that the retaining walls in the right-of-way was what was not allowed which is why the driveway has been pushed to its current location. The Commission discussed the recommended conditions and haul route options and supported the use of Summit Avenue. Riedel moved, Eggenberger seconded, recommending approval of the Conditional Use Permit request to import 1,230 cubic yards of fill by Clayton and Jennifer Tessness at 23100 Summit Avenue, subject to staff conditions as listed in the report and that the truck traffic haul route be changed to Summit Avenue. Roll Call Vote: Motion passed 3/1 (Gault). Planning Director Darling noted that this will be on the City Council agenda on July 27, 2020. 4. NEW BUSINESS A. Variance to expand and rebuild a nonconforming garage Applicant: Shilun Li and Tsuhua Chen Location: 20940 Ivy Lane Planning Director Darling explained that this is a request for a front setback variance in order to construct a new garage on the property 4.25 feet from the front property line when the zoning regulations require 30 feet. She explained that the existing home was constructed in 1920 and the existing garage sits just under 5 feet from the front property line. She stated that they would CITY OF SHOREWOOD PLANNING COMMISSION MEETING JULY 7, 2020 DRAFT MINUTES Page 8 of 9 like to expand the garage to 2 stalls in roughly the same location as the current building. She reviewed the practical difficulties and unique circumstances of this lot related to the request. She noted that there is no area on the property where a variance would not be needed in order to construct this garage. She stated that the proposed location would fit in with the neighborhood and a 2-car garage would conform with the parking spaces for vehicles. She reviewed the recommended conditions staff is recommending. Commissioner Gault asked about the other easements on the property. Shilun Li, stated that when he was looking at an old survey, there appears to be an easement near the storm drains and noted that there are 2 storm drains underneath the property. Commissioner Riedel asked about how safe it is to back in and out onto a road with the garage being 4 feet from the road. Planning Director Darling stated that it is 5 feet from the front property line and there is boulevard area between the road and the street. Commissioner Riedel stated that makes much more sense and feels this proposal is an improvement to what is currently in place. Chair Maddy stated that it was listed in the report that the residents of the house are not currently using the existing garage. He asked if the intent of this building is to use the building as a warehouse or to let the tenants use the garage. Mr. Li stated that the tenants will use the garage. Commissioner Gault stated that the language of the condition should be changed then to reflect that the tenants shall use the garage and not “could”. Chair Maddy stated that he didn’t think that was included in the conditions. Commissioner Gault stated that it was listed in the variance criteria. Chair Maddy stated that he feels the Commission can discuss it, but it does not need to be a condition of approval. Commissioner Gault asked why the garage was 14 feet tall with windows on the upper level. Mr. Li stated that they intend to have storage on the wall because there is not much space inside. He stated that if he ever lives there himself, he would like to be able to have a hydraulic jack in order to fix his own car which was another reason for a higher building. Commissioner Riedel stated that he feels this request is reasonable. Commissioner Eggenberger stated that he agreed and would support the request. Chair Maddy asked about the amount of impervious surface that will need to be removed and whether it would be possible to do without taking out the structure. Planning Director Darling stated that she believes the garage can be designed in a such a way as to remove some of the impervious surface. CITY OF SHOREWOOD PLANNING COMMISSION MEETING JULY 7, 2020 DRAFT MINUTES Page 9 of 9 Riedel moved, Gault seconded, to recommend approval of the variance to the front setback at 20940 Ivy Lane, subject to the staff conditions as listed in the report. Roll Call Vote: Motion passed 4/0. 5. OTHER BUSINESS A. Fire Lane Tours Information Planning Director Darling stated that this item serves as a reminder of the homework assignment for the Commission to tour the fire lanes individually. She suggested waiting until the weekend to tour the sites because the surveyor has shared that not all of the fire lanes have been clearly marked yet. She stated she is planning to schedule a joint meeting in August with the Parks Commission and the Council to discuss the results. She gave an overview of what staff would recommend the Commission consider when they are out touring the sites. Councilmember Siakel asked that residents that live nearby be made aware that the Commissioners will be coming out individually to tour the area so they are not surprised. 6. MATTERS FROM THE FLOOR - NONE 7. REPORTS • Liaison to Council Council Liaison Siakel reported on matters considered and actions taken during the most recent Council meeting (as detailed in the minutes for that meeting). • Draft Next Meeting Agenda Planning Director Darling stated there is a variance application for a front setback and a Comprehensive Plan amendment/rezoning/PUD concept plan for next Planning Commission meeting. 8. ADJOURNMENT Riedel moved, Gault seconded, adjourning the Planning Commission Meeting of July 7, 2020, at 8:59 P.M. Roll Call Vote: Motion passed 4/0. Marie Darling From:Dan Malone <danm@mninboard.com> Sent:Thursday, July 30, 2020 12:40 PM To:Planning Subject:5840 Strawberry Lane - Porch/Deck addition comments Greetings, I live on Strawberry Lane and saw this notice come in the mail last week. I am in support of this project…I think a homeowner adding some outdoor space on the frontside of their house is both attractive for home value and neighborhood social involvement. They have plenty of space between the house and road to not obstruct any view, and it gives the home owner another outdoor social space. All for it! Thanks, Dan Malone 1