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PC-06-07-11 CITY OF SHOREWOOD COUNCIL CHAMBERS PLANNING COMMISSION MEETING 5755 COUNTRY CLUB ROAD TUESDAY, 7 JUNE 2011 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 Hutchins, Arnst, Hasek, Charbonnet, and Garelick; Planning Director Nielsen; Council Liaison Siakel. Absent: Commissioner Davis. APPROVAL OF AGENDA Hasek moved, Hutchins seconded, Approving the Planning Commission Agenda of June 7, 2011 as presented. Motion passed 6/0. APPROVAL OF MINUTES ●May 17, 2011 Hasek moved to approve the Planning Commission Meeting Minutes of May 17, 2011. Arnst said she had corrections in regard to Item Nos. 6. New Business, and 8. Reports, stating that she had referenced a list of items under New Business and none were reported, and her report about a conference she attended needed to be clarified. She requested that approval of the May 17, 2011 Minutes be continued pending the revisions. There were no objections to continuation of Approval of Minutes. 1. 7:00 P.M. PUBLIC HEARING – C.U.P. – ACCESSORY SPACE OVER 1200 SQUARE FEET Applicant: Thomas and Shiela Hayes Location: 21135 Christmas Lane Chair Geng explained the public hearing process for the benefit of members of the audience. Director Nielsen stated that this item is actually a two-part request. One part is the issue of accessory space in excess of 1200 square feet, which requires a conditional use permit, and the second part is the aspect of historic preservation which is addressed in the same section of the zoning code. Nielsen reviewed his report, stating that the applicants have demolished the home previously located on the property and are in the process of building a new home. There is an old barn that exists on the property that complies with current setback requirements, but is nonconforming with respect to its height (one and one-half stories), and the applicants would like to keep this barn. However, since the barn, combined with the attached garage on the new house exceeds 1200 square feet of floor area, keeping it requires a conditional use permit. Nielsen reported that the request complies with Section 1201.03 Subd. 2.d.(4) in that the proposed total amount of accessory space on the site would be 1764 square feet, but this is still less than the 2356.7 square feet of floor area on the main level of the house. The total percentage of impervious surface on the site will PLANNING COMMISSION MINUTES 7 June 2011 Page 2 of 5 be 11.9 percent. The total area of accessory space does not exceed ten percent of the minimum lot size for the R-1A/S zoning district. Nielsen said although the old barn is nonconforming with respect to its height, the height of the building is somewhat mitigated by the terrain, and is tucked into the hillside. As to its historic significance, the applicants have submitted aerial photos dating back to 1937 which show the building. They have also submitted expert testimony from the Director of the Center for Rural Design at the University of Minnesota, attesting to the approximate age of the structure and its historic and cultural value. Thomas Hayes, the applicant, was present and stated that he was available for any questions. As there was no one present wishing to speak on this matter, Chair Geng opened and closed the public hearing at 7:14 P.M. Commissioner Hasek said that he visited the site and his only concern is that the building be maintained as is and not converted to any other type of use in the future. Commissioner Hutchins noted that the letter from the architect providing expert testimony referred to the barn as having three levels, where the staff report describes one and one-half stories. Nielsen said that due to the code’s definition of story, as well as head-room height, and the fact that the building is partially below grade, the building is technically one and one-half stories even though it does have three interior levels. In keeping with Commissioner Hasek’s concern, Hutchins inquired if the development agreement that will be part of the C.U.P. will reflect the guidelines of the U.S. Department of the Interior for preservation. Nielsen said the City has a template that is used for this type of application and it may include some of that criteria. He said while the City Code requires historic buildings to be maintained as is, it is not the same as if they were being placed on a historic register, and it would not preclude the demolition of the building in the future if the owners chose to do that. Hasek moved, Arnst seconded, recommending approval of the conditional use permit and to direct staff to draft a development agreement setting forth the applicants’ right to keep the barn and their responsibility to maintain it in good condition. And that repairs or alterations to the structure be consistent with its current style, character and materials. Motion passed 6-0. 2. DISCUSS DEER FEEDING SURVEY Director Nielsen reported that at the last meeting on May 17th the Planning Commission reviewed the deer feeding ban survey, making a number of recommendations creating a stronger statement. He said the intent is to send it out with the July 7, 2011 utility bill mailing with a return deadline of July 31. The results would be discussed at a meeting in August. The postcard is setup to be returnable with only the addition of a postage stamp. The Commission concurred that it looked ready to go. 3. DISCUSS MINNESOTA GREENSTEPS CITIES RESOLUTION Nielsen said the resolution supporting participation in the Minnesota GreenSteps program has been reviewed by the Planning Commission and the final changes are the addition of his name as the Coordinator, and adding community outreach to the Coordinator’s job description. He stated that the practices will be incorporated into the 2011 Work Program. Hasek moved, Arnst seconded to forward the Resolution for the Minnesota GreenSteps program onto the City Council. PLANNING COMMISSION MINUTES 7 June 2011 Page 3 of 5 Chair Geng asked if anything was going to be added to the Resolution about community outreach. Nielsen said that would be added to the job description of the Coordinator, rather than incorporated into the Resolution itself. Arnst said in reference to the last line of the first paragraph, use of the words “reduce energy use, cost, and greenhouse gases” may be more meaningful to more people than just reducing energy use and greenhouse gases. She said she thought some reference to dollars and cents is an important aspect to point out. Nielsen agreed saying that is very much a part of the program, getting people to realize it. After deliberation over the proper phrasing, the Commission agreed to a revision of the first paragraph of the Resolution by adding “…to reduce energy use and greenhouse gases, and to ”; and, conserve economic and noneconomic resources Hasek agreed to amend his motion to include the revision, Arnst confirmed the second. Motion passed 6/0. 4. ZONING CODE DISCUSSION - “DYNAMIC SIGNS” Director Nielsen said dynamic signs refers to signs that basically move in some fashion whether they flash, have a scrolling message, or other such motion and he will try to get some photos or video of examples. Right now Shorewood’s code does not allow for moving signs except for time and temperature changes. He said a lot of cities are amending their codes to allow for this newer technology with signs that have digital messaging that either changes or scrolls. The City is currently considering a new digital sign for the SouthShore Center that would have changing messages. What needs to be determined is the frequency at which the message is allowed to change. Nielsen said Mr. Michael Cronin is present, representing the Holiday Gas Station, and is interested in what the City chooses to do about electronic sign regulations. Nielsen suggested that the Commission will need to study other city ordinances and signs to determine what should be done. Mr. Cronin said it all started out with the reader boards, a white board with black letters inserted in channels. Then color was introduced to the messageboards, and eventually electronics. He went on to describe the different possible ways the new digital signs can be programmed, and distributed photos to the Commission members. Commissioner Garelick said he is concerned about how distracting the digital signs can be to drivers. Mr. Cronin said there have been studies done about that, at the billboard level, and there has not been any indication of accidents occuring due to the signs, but it is a concern. He said the Holiday Station is proposing a sign no larger than 4’ x 8’. Garelick said some cities are able to program emergency information into existing electronic signs. Mr. Cronin said if they are programmed locally that is a possibility, and that he believes Holiday Gas is open to allowing for public service information. Commissioner Hasek stated that his wife was the victim of an accident on I494 where the other driver was possibly trying to read an electronic sign. He said he is interested in any studies that have been done about traffic accidents near these signs and how much information is packed into them. Director Nielsen said he will get that information together for the Commission, and the Commissioners should feel free to research on their own as well. Mr. Cronin said he has some study results he can provide also. PLANNING COMMISSION MINUTES 7 June 2011 Page 4 of 5 Commissioner Hutchins asked if electronic billboards are being considered along with retail identification. Nielsen said that billboards will become a part of the topic even though they are currently prohibited in Shorewood. He said the laws have changed where the City cannot dictate content. Regulations would pertain more to size, height, frequency, etc. Hutchins said the current controversy over electronic signs is mostly resulting from the large billboards near main thoroughfares. Mr. Cronin said he will provide a list of locations of Holiday Stations that have existing electronic signs for any Commissioners who would like to see them first hand. 5. MATTERS FROM THE FLOOR None. 6. OLD BUSINESS Commissioner Arnst asked about the status of the 2011 Work Plan, or if there is one. Nielsen said all he had was a list of things to do, but it hasn’t been put in the form of a spreadsheet. There was consensus that a spreadsheet layout was desired. Nielsen said he would produce one. Arnst also asked about the Smithtown Crossing final work product. Nielsen said it is a matter of scheduling a neighborhood meeting. Commissioner Hasek said there was discussion at the joint meeting between the Council and Planning Commission about an alternate plan. Councilmember Siakel said she recalls that a Councilmember wanted to see more open space and not as much commercial in the plan. Nielsen stated that there could be an endless supply of plans produced, however, the City doesn’t want to dictate a specific design to a developer, but rather convey what desired features and elements it wants to see incorporated into a plan. Nielsen said the City will be discussing acquisition of a parcel that is for sale within the Smithtown Crossing boundaries. He said the City could control that land within a development, such as for parkland/open space. The Commission discussed what the best approach might be in representing their vision to both the City Council and the public. There was agreement that the Planning Commission and Council need to have the same goal, or be on the same page with respect to Smithtown Crossing development prior to bringing it to the public. It was felt there should be another joint meeting on the subject. Arnst said she would like to see the checklist that was developed for the project in order to see where things are at. Nielsen said he will take the ideas discussed to come up with something for the July meeting. Commissioner Hutchins brought up the changes to state law regarding variances. Nielsen said they changed the phrase “hardship” to “practical difficulty” without clarifying what is meant by the term. He said the laws were relaxed for variances. This topic will be brought back to the Agenda in the near future for discussion to better understand the changes and how the code should be amended to address them. 7. NEW BUSINESS Commissioner Garelick announced that he will be serving on the Hennepin County Board of Equalization and wanted to say that the assessors serving the lake area are doing a really good job. Compared with other areas, the amount of appeals are very small in this area and that means the assessors are good at what they do. 8. DRAFT NEXT MEETING AGENDA th The next meeting, July 19, will include a minor subdivision, Smithtown Crossing, Sustainability, Electronic Signs, and the 2011 Work Plan. Arnst asked if the trash container regulations have been advertised for the benefit of residential properties. Nielsen said they have not, but noted to get that done. PLANNING COMMISSION MINUTES 7 June 2011 Page 5 of 5 9. REPORTS None. 10. ADJOURNMENT Arnst moved, Garelick seconded, Adjourning the Planning Commission Meeting of June 7, 2011 at 8:30 P.M. Motion passed 6/0. RESPECTFULLY SUBMITTED, Patti Helgesen, Recorder