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PC-10-06-15 CITY OF SHOREWOOD COUNCIL CHAMBERS PLANNING COMMISSION MEETING 5755 COUNTRY CLUB ROAD TUESDAY, OCTOBER 6, 2015 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 Davis, Johnson and Maddy; Planning Director Nielsen; and Council Liaison Woodruff Absent: Commissioner Bean APPROVAL OF AGENDA Maddy moved, Davis seconded, approving the agenda for October 6, 2015, as presented. Motion passed 4/0. APPROVAL OF MINUTES  September 1, 2015 Maddy moved, Johnson seconded, approving the Planning Commission Meeting Minutes of September 1, 2015, as presented. Motion passed 4/0. 1. PUBLIC HEARING – CONDITIONAL USE PERMIT FOR ACCESSORY SPACE OVER 1200 SQUARE FEET Applicant: Stephen Ferraro Location: 5645 Grant Lorenz Road Chair Geng opened the Public Hearing at 7:02 noting the procedures used in a Public Hearing. He 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 noted that if the Planning Commission makes a recommendation this evening this item will go before the City Council on October 26, 2015. He stated this evening the Planning Commission is going to consider a conditional use permit (C.U.P.) for accessory space over 1200 square feet for Stephen Ferraro, 5645 Grant Lorenz Road. Director Nielsen explained Mr. Ferraro proposes to build a new detached garage to the east of his house approximately 212 feet from the rear lot line. Because the combined accessory space of the proposed garage and the existing would exceed 1200 square feet Mr. Ferraro has applied for a C.U.P. The property is zoned R-1A, Single-Family Residential and contains 47,253 square feet in area. The site is occupied by the applicant’s home and attached garage. The new garage would contain 1176 square feet. CITY OF SHOREWOOD PLANNING COMMISSION MEETING October 6, 2015 Page 2 of 7 Once the new garage was constructed the total amount of accessory space on the site would total 1675 square feet. He noted Section 1201.03 Subd. 2.d.(4) of the Zoning Code prescribes criteria for granting a C.U.P. for accessory space over 1200 square feet. He reviewed how the applicant’s plan complies with the criteria. a. The total area of accessory buildings (1675 square feet) does not exceed the floor area (1729 square feet) above grade of the existing home. b. The total area of accessory buildings does not exceed 10 percent of the minimum lot size for the R-1A zoning district (.10 x 40,000 = 4000 square feet). c. The proposed garage complies with R-1A setback requirements and the proposed hardcover comes to 15.8 percent. Because of the very residential character of the proposed building and the heavily wooded area in which it will be situated, no additional landscaping is recommended in this case. d. The architectural character of the new building would be compatible with the existing house. The building would have lap siding similar to adjoining homes and roofing would match the house. Nielsen noted that based upon the analysis of the case Staff recommends the applicant’s request for a C.U.P. be granted subject to including a standard provision in the resolution that would put the property owner on notice that the accessory space cannot be used for any type of home occupation. Nielsen then noted that Mr. Ferraro was present. Chair Geng stated the proposed driveway is included as impervious surface but the construction notes did not indicate what it would be constructed of. Director Nielsen noted that it does not have to be paved and clarified that even if it is not paved it is counted as hardcover. He explained a gravel driveway achieves 85 percent compaction. Geng asked if the project would require removal of any significant trees. Nielsen stated there would be loss of some significant trees and noted that a C.U.P. does not require tree replacement. He noted that any location of the garage would result in the loss of trees. Director Nielsen noted staff had received an email from the owner of one of the adjoining properties and the owner indicated the location for the proposed garage would be as good of a spot as any on the property. That owner was an environmental individual. Commissioner Johnson stated the proposed driveway would be located to the west of the existing house. There currently is a canoe and retaining wall there. He asked how the driveway would be tied in. Director Nielsen explained the driveway would have to hug the house because the applicant would have to maintain a 5-foot-wide setback on the side of the property. Johnson stated he assumes the applicant would have to do something with the retaining wall. Nielsen concurred. Mr. Ferraro noted that he had received a copy of an email from the owners of the property just north of his expressing their support of his request. Commissioner Johnson noted a copy of it was included in the meeting packet. Seeing no one present wanting to comment on the case, Chair Geng opened and closed the Public Testimony portion of the Public Hearing at 7:13 P.M. CITY OF SHOREWOOD PLANNING COMMISSION MEETING October 6, 2015 Page 3 of 7 Commissioner Davis asked if the reason the applicant needs five garage stalls is because he has five vehicles. Mr. Ferraro responded no. Director Nielsen noted that about one-third of the new garage would be for a workshop. Commissioner Maddy stated the existing house does not have dormers, it has a lower pitched roof and it has different siding. He asked if the Zoning Code has a definition of compatible. Director Nielsen responded no and stated the materials for the proposed garage would look more similar to the houses on the two adjoining properties. Chair Geng questioned if the Planning Commission should at a future date discuss what compatible means. Maddy moved, Johnson seconded, recommending granting the conditional use permit for accessory space over 1200 square feet to Stephen Ferraro, 5645 Grant Lorenz Road. Motion passed 4/0. Chair Geng reiterated Council will consider this matter during its October 26, 2015, meeting. Chair Geng closed the Public Hearing at 7:16 P.M. 2. PUBLIC HEARING – ZONING TEXT AMENDMENT REGARDING SIGNS IN CEMETERIES Applicant: Woodside Cemetery Association (Representative Dan Randall) Location: 27175 Smithtown Road Chair Geng opened the Public Hearing at 7:16 P.M., noting the process will be the same as for the previous item. He stated during this Public Hearing the Planning Commission is going to consider a Shorewood zoning text amendment regarding signs in cemeteries. The applicant is Woodside Cemetery Association and the Cemetery is located at 27175 Smithtown Road. Director Nielsen explained Dan Randall, representing the Woodside Cemetery Association, has requested a zoning text amendment that would allow the Association to erect an entry-way arch and identification sign on the Cemetery property located at 27175 Smithtown Road. Mr. Randall has been a caretaker of the Cemetery for a long time and his father was before him. The property is located in the R-1A, Single- Family Residential zoning district which allows cemeteries by conditional use permit (C.U.P.). It is a little east of Howard’s Point and abutting Cajed Lane on its east side. The proposed archway would be entirely on the Cemetery property over the entry drive and it would be at least five feet back from the front property line. The archway would be approximately 24 feet wide and 16 feet tall. The sign would be affixed across the top of the archway. The sign itself would measure one foot by 12 feet (12 square feet). It would be made of iron and say Woodside Cemetery. The amount of sign Mr. Randall has proposed would be well within other institutional signs. Up to 20 square feet are allowed for churches, schools and so forth. The Association’s proposal would be easily accommodated by a relatively simple zoning text amendment. The meeting packet included language (printed in red) that could be added to Section 1201.03 Subd. 11.e.(1) of the Shorewood Zoning Code to address the Association’s request. The addition would read “(e) Cemetery identification signs. One freestanding sign not to exceed 20 square feet in area. The freestanding sign may be affixed to an entry-way arch, not exceeding 18 feet in height.” The text simply adds to the list of signs in the R-1A through R-3B Residential Districts. There is only one other cemetery in Shorewood – St. John’s, located on Covington Road. It has an elaborate entry monument system. Nielsen noted staff is recommending approval of the text amendment. CITY OF SHOREWOOD PLANNING COMMISSION MEETING October 6, 2015 Page 4 of 7 In response to a comment from Commissioner Maddy, Director Nielsen clarified the archway is 24 feet wide and the sign is about one-half that width. Mr. Randall stated he thought the archway and sign should have been put in years ago in order to establish the Cemetery. He thought the Cemetery has been around since the 1920s. Prior to being established there were burials at that site. There are Civil War people buried there. Chair Geng commended Mr. Randall for the fine work he does in keeping the Cemetery up. He stated it is his understanding that Mr. Randall was very cooperative when the Smithtown Road west sidewalk was being constructed and he expressed his appreciation for that. Seeing no one present wanting to comment on the case, Chair Geng opened and closed the Public Testimony portion of the Public Hearing at 7:22 P.M. Chair Geng stated he thought this is a good idea. Council Liaison Woodruff suggested the text amendment specify that illumination would not be allowed on the sign to be consistent with other items under Section 1201.03 Subd. 11.e.(1). Commissioner Davis commented that Commissioner Bean has not weighed in on the language. Commissioner Johnson stated the property across Smithtown Road is a marsh. There is a property that has somewhat of a sight line toward the entrance to the Cemetery. He asked if any consideration was given to the proposed location of the archway to avoid imposing on that sight line. He noted he thought that would be a minor point. Director Nielsen stated from his perspective the only thing that would be looking at the sign would be the wetland. Davis moved, Johnson seconded, recommending approval of a text amendment to the Shorewood Zoning Code Section 1201.03 Subd. 11.e.(1) which would read “( e) Cemetery identification signs. One freestanding non-illuminated sign not to exceed 20 square feet in area. The freestanding sign may ” Motion passed 4/0. be affixed to an entry-way arch, not exceeding 18 feet in height. Chair Geng stated Council will consider this matter during its October 26, 2015, meeting. Chair Geng closed the Public Hearing at 7:27 P.M. 3. MINOR SUBDIVISION Applicant: Thomas Wartman Location: 26985 Edgewood Road Director Nielsen noted Thomas Wartman received approval to subdivide his property located at 26985 Edgewood Road into two separate lots back in January of 2013. Mr. Wartman chose not to record it. Mr. Wartman is back with the application. He explained the property is located in the R-1A/S, Single-Family Residential/Shoreland District. The property contains 88,202 square feet of area. Each lot would contain 44,125 feet of area which would be in excess of what the R-1A District requires. The lots would comply with the requirements of the R-1A/S zoning district. The applicant has to provide a title opinion and deeds for the new drainage and utility CITY OF SHOREWOOD PLANNING COMMISSION MEETING October 6, 2015 Page 5 of 7 easements 10 feet in width along both sides of the new lot line. There are already drainage and utility easements around the perimeter of the property. Nielsen noted that based on the analysis of this case Staff recommends approval of the minor subdivision subject to the following. 1. The applicant must provide deeds for drainage and utility easements, 10 feet wide along each side of the new lot line. 2. The applicant must provide an up-to-date (within 30 days) title opinion for review by the City Attorney. 3. Prior to release of the resolution approving the request, the applicant must pay one park dedication fee ($6500) and one local sanitary sewer access charge ($1200). 4. Since the division itself does not necessitate the removal of any trees from the property, tree preservation and reforestation can be addressed at the time building permits are applied for. 5. Once the applicant receives the resolution approving the subdivision, he must record it and the easement deeds within 30 days or it would be considered void. Nielsen noted that Mr. Wartman was present. Geng moved, Davis seconded, recommending approval of a minor subdivision for Tom Wartman for his property located at 26985 Edgewood Road subject to the five conditions listed above and to the applicant completing conditions 1 and 2 within 30 days of the October 6, 2015, Planning Commission meeting. Motion passed 4/0. Chair Geng stated Council will consider this matter during its October 26, 2015, meeting provided the applicant has completed items 1 and 2 prior to the meeting packet for that meeting being sent out. 4. MATTERS FROM THE FLOOR There were no matters from the floor presented this evening. 5. OLD BUSINESS / NEW BUSINESS Commissioner Davis asked if the City received an application for a fence permit for some property near the intersection of Eureka Road and Smithtown Road. Nielsen stated no. Director Nielsen explained someone had put posts up on that property so the Building Official issued a stop work order. The individual came and spoke with Nielsen and told him that he was replacing an existing fence. Nielsen explained to him that the old fence was nonconforming and that the replacement fence had to be conforming. That individual was not happy about what he heard. He had already purchased the necessary material and he wondered how he was going to have any privacy. Nielsen told him he could have a four-foot-high fence. The Building Official told him earlier in the day that the person put the fence up anyway. Nielsen noted staff has to find out if the law about replacing nonconforming applies to accessory structures like a fence. If it was a legal nonconforming use the individual might be protected by that statute. If he is not, he will start to get administrative penalties. The fence is solid and the City does not allow that and the fence is too tall. CITY OF SHOREWOOD PLANNING COMMISSION MEETING October 6, 2015 Page 6 of 7 Commissioner Davis asked if the City has hired someone to provide urban forester and arborist services yet. Director Nielsen stated that is on the agenda for Council’s October 12, 2015, meeting. Chair Geng asked if the Planning Commission will start the review of the Comprehensive Plan in 2016. Director Nielsen stated he thought some leg work may be done in 2016. A decision will have to be made as to whether the review will be done in house or if a consultant will be hired to do the review. The inventory type work would likely be done in house. Nielsen noted the system statement came out and in half of the statement the City was referred to as Shoreview. The Metropolitan Council puts the statement out. 6. DRAFT NEXT MEETING AGENDA Director Nielsen stated there is a redo of a minor subdivision, a conditional use permit for a used car sales lot, and a zoning text amendment, conditional use permit and possible rezoning for a senior housing project on the south side of Highway 7 near Chaska Road slated for the November 17, 2015, Planning Commission meeting. He elaborated on the senior housing project. 7. REPORTS • Liaison to Council Council Liaison Woodruff reported on the items considered and actions taken during Council’s September 28, 2015, meeting (as detailed in the minutes of that meeting). • SLUC Commissioner Davis commented that during the last Sensible Land use Coalition (SLUC) session she sat with some very interesting people who were aghast that Shorewood’s park dedication fees were only $6,500 per lot. Director Nielsen explained that before the fees were increased to $6,500 from $5,000 staff researched what other cities were charging. The $6,500 was about average. Commissioner Davis stated if Director Nielsen gets the DVD recording for that meeting she encouraged people to fast forward to the Wayzata portion about the construction of the promenade. She thought only a person in engineering could really appreciate what went into the ground before everything on top was built. Those in attendance paid very close attention to that discussion. She found Wayzata Mayor Wilcox to be extremely engaging and very funny. She stated the first discussion was about Eden Gardens. • Other Chair Geng stated he went to the James J Hill Days event in Wayzata and came in contact with two Orono Planning Commissioners. They had a tent set up and were raising funds for a park that would be constructed on the former Lakeview Golf Course property. Many residents lobbied for that site to be park land. The Orono Council was asked to put some of the land aside for park land; that Council chose not to. The two Commissioners asked the developer what he thought about privately owned public space (POPS). The developer was intrigued by the idea. That is what the Commissioners were raising funds for. The developer would match the funds and some other donations would also match funds. There is a deadline of raising about $400,000 by the end of October. The two Commissioners asked him about the CITY OF SHOREWOOD PLANNING COMMISSION MEETING October 6, 2015 Page 7 of 7 redevelopment of the former Minnetonka Country Club (MCC) property. They were surprised when he told them that over 40 percent of the site would remain preserved and open and they were impressed with what is being proposed for public space. He highlighted some of the components proposed for that POPS site which would be about one acre in size. 8. ADJOURNMENT Davis moved, Johnson seconded, adjourning the Planning Commission Meeting of October 6, 2015, at 7:50 P.M. Motion passed 4/0. RESPECTFULLY SUBMITTED, Christine Freeman, Recorder