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PC-06-20-17 CITY OF SHOREWOOD COUNCIL CHAMBERS PLANNING COMMISSION MEETING 5755 COUNTRY CLUB ROAD TUESDAY, JUNE 20, 2017 7:00 P.M. MINUTES CALL TO ORDER Chair Maddy called the meeting to order at 7:00 P.M. ROLL CALL Present: Chair Maddy; Commissioners Bean, Davis, Riedel and Sylvester; Planning Director Darling; and Council Liaison Sundberg Also Present: Absent: None APPROVAL OF AGENDA 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. Bean moved, Davis seconded, approving the agenda for June 20, 2017, as presented. Motion passed 5/0. APPROVAL OF MINUTES  June 6, 2017 Sylvester moved, Bean seconded, approving the Planning Commission Meeting Minutes of June 6, 2017, as presented. Motion passed 3/0/2 with Davis and Riedel abstaining due to their absence at the meeting. 1. PUBLIC HEARING – VARIANCES AND CONDITIONAL USE PERMITS (Continued from the June 6, 2017 meeting) Applicant: John and Stacia Lynch Location: 25380 Birch Bluff Road Chair Maddy opened the Public Hearing at 7:03 P.M. noting the procedures used in a Public Hearing. The Hearing was continued from June 6, 2017. He explained this evening the Planning Commission is going to consider variances and conditional use permits (C.U.P.s) for the property located at 25380 Birch Bluff Road. CITY OF SHOREWOOD PLANNING COMMISSION MEETING June 20, 2017 Page 2 of 6 Director Darling noted this item was continued from the June 6, 2017, Planning Commission meeting to give the applicants time to revise their plans and to allow staff the time to review the plans. She explained John and Stacia Lynch own the 25380 Birch Bluff Road property. The property abuts Lake Minnetonka. The adjacent properties are developed and have single-family homes on them. The lot is 60 feet wide; the R-1C zoning district requires 100 feet. The existing home and detached garage are nonconforming with respect to side yard setbacks. The house is 7 feet from the east property line an 10 feet from the west line. The proposed house with attached garage would be 14 feet from the east property line and 10 feet from the west property line. The R-1C district requires a minimum of 10 feet on each side. The shoreland regulations have an additional requirement that the combined total of the side yard setbacks must be a minimum of 30 feet. Because the proposed combined total would only be 24 feet the applicants have applied for side yard setback variance. The applicants have proposed to bring in 300 cubic yards of fill to the site so that the main level of proposed house and garage floor would be at approximately the same elevation. Fill in excess of 100 cubic yards requires a C.U.P. The applicants are also requiring a C.U.P. and variance to redevelop their nonconforming lot. The zoning ordinance allows undersized lots to be used for single-family homes without a variance if the area and width are within 70 percent of the district requirements. Because the lot does not meet 70 percent of the width requirement a variance is required. The minimum area requirement for the R-1C zoning district is 20,000 square feet; the lot is 19,460 square feet of area. The shoreland regulations allow the redevelopment of an undersized lot upon the issuance of a C.U.P. Staff looked at the criteria in the zoning ordinance for variances and C.U.P.s when analyzing the application. Staff determined the application meets the standards for both C.U.P.s and for the width and setback variances. What is being proposed would increase the distance from the east property line. The narrowness of the existing lot does present practical difficulties. The variance request would be the minimum necessary to make reasonable use of the property. Staff has reviewed the grading plan that is associated with the C.U.P. for the 300 cubic yards of fill. The applicant revised the plan to address staff’s initial concerns. What is being proposed would not increase the rate and volume of stormwater runoff. Staff recommends the following conditions be included in the resolution that, if approved, would grant the variances and C.U.P.s.  The applicants must provide the final grading and utility information to the City Engineer consistent with City requirements.  The applicants must provide a certified survey consistent with City requirements.  The applicants must provide a landscaping plan consistent with the City’s Tree Preservation and Reforestation Policy when they submit their building permit application. Darling noted that based on the analysis of the case staff recommends granting the width and setback variances and the C.U.P.s subject to the above conditions. She also noted that for the June 6 Public Hearing staff had been provided with a copy of a letter from the owners of the abutting property outlining their concerns about the application. Commissioner Riedel asked if the current plans include the swimming pool. Director Darling stated it has been included on the plans to show that it would meet the requirements. Riedel asked what the setback from the Lake is. Darling stated it is 50 feet noting it is measured to the ordinary high water level. CITY OF SHOREWOOD PLANNING COMMISSION MEETING June 20, 2017 Page 3 of 6 Chair Maddy asked if the applicants want to comment on their application or just respond to questions. Maddy noted one of the applicants commented they hope their application is approved and that they are excited to live in Shorewood. Seeing no one wishing to comment on the case Chair Maddy re-opened and closed the Public Testimony portion of the Public Hearing at 7:09 P.M. Commissioner Bean asked if the arrows on the existing survey depict the flow of stormwater runoff as it exists today. Sven Gustafson, with Stonewood (a custom home builder), 153 East Lake Street, Wayzata, stated he thought so. Commissioner Bean stated the way he reads the drawing it seems like the runoff would be flowing up a hill to the northwest. Mr. Jack Lynch, John Lynch’s father, Golden Valley, said it flows down toward the neighbor’s yard toward the Lake. Commissioner Bean stated the elevation goes from 934 on the east side of the lot line to 939 on the west side of the lot line. There was an ensuing discussion between Commissioner Bean and Mr. Jack Lynch about elevations and runoff flow. Commissioner Bean asked what the purpose of the proposed retaining wall is. Mr. Jack Lynch stated it would redirect stormwater flow. Bean asked if the additional fill is intended to raise the pad area for the garage and house. Mr. Gustafson confirmed that. Bean asked if the fill was being brought in from offsite. Mr. Gustafson confirmed that. Mr. Gustafson explained the fill is to basically create a ramp up to the garage and to get the garage up to the house’s main floor elevation. Commissioner Bean asked if there will be excavation required for the new basement. Mr. Gustafson confirmed that. Bean asked where that dirt will go. Mr. Gustafson stated the fill being brought in is what is needed in addition to what will be excavated. Bean asked if all of the dirt being excavated out of the basement and/or the pool will remain on site. Mr. Gustafson stated not necessarily; it will depend on the composition of the soil that is excavated. He noted that anything usable on the site will stay on the site. The only thing that would be removed is soils that are not compactable; some of that would stay as well. Bean asked where the excavated material would be stored on site noting he had concern about how it would impact the temporary drainage pattern. Mr. Gustafson explained it would be stockpiled and surrounded by erosion control. The exact location of where it would be stockpiled has not been determined yet. Bean asked if that location would be identified on the final grading plan. Director Darling explained that is usually identified with the building permit application. Bean stated that on the proposed site plan it appears to him that the slope would be increased. The gradient lines would be more compressed than they are now. That would increase the runoff rate. Mr. Jack Lynch disagreed and explained the drainage would remain on the site almost two to three times longer than it currently remains on the site. Mr. Gustafson stated that gives the water more time to percolate into the ground. Bean asked if that would be done with swales. Mr. Lynch confirmed that and CITY OF SHOREWOOD PLANNING COMMISSION MEETING June 20, 2017 Page 4 of 6 noted the project will basically not impact the south half of the site. Bean stated part of the elevation of the site will be raised and he asked why that would not increase the runoff speed down the slope. Mr. Lynch stated the plan is to pick up the water in the swales on both sides of the new house and bring it down between the lot line and the house then down across the driveway. At the curb location there is a culvert. Bean asked if the manhole is new. Mr. Jack Lynch stated the City drawings show the manhole being located on the abutting property, noting no one is quite sure where the manhole is. Ms. Lynch stated the surveyors could not find the manhole. Mr. Lynch stated the grading plan is the worst case scenario to stay away from the manhole. Bean asked if the manhole was intended to connect into the sewer easement. Mr. Lynch stated it is the last manhole on the line for sewer. Chair Maddy asked if the retaining wall would become a straight line if the manhole ends up being where it is supposed to be. Mr. Jack Lynch responded yes and noted the drawing shows the worst case for the manhole. Commissioner Bean stated if the retaining wall is intended, in part, to help direct stormwater runoff down to the Lake. Mr. Jack Lynch stated it is intended to direct it to the existing low point on the south side of the property. The wall is being used to create a swale. Commissioner Davis asked if Mr. Gustafson or Mr. Jack Lynch were civil engineers. Mr. Lynch stated he was a landscape architect and Mr. Gustafson stated he was a general contractor. Davis asked if Mr. Lynch has done any drainage calculations on what is being proposed. Mr. Lynch responded yes and noted they met with the City Engineer to review the City’s requirements and the drainage calculations to ensure that the existing volume and rate would not be exceeded. Commissioner Riedel stated because there are drainage issues he encouraged the applicants to perhaps take more active steps for best management practices including rain gardens and other drainage features at the low point to absorb the water, noting the code does not require that for a C.U.P. For the drainage swale that wraps around the contour of the property, instead of having just rip rap he suggested trying to ensure really good infiltration along it. Mr. Jack Lynch clarified it is not going to be rip rap; it is going to be grass. Riedel stated the letter from the abutting property owner for the June 6 hearing asked where the water from the pool would go when the pool needed to be drained. He asked if those items are part of the application and this discussion. Director Darling clarified they are not part of the application. They can be dealt with at permitting time noting staff can ask the applicants about what their plans would be for draining the pool. Riedel asked if the pool is below grade of the sewer line. He asked if the water could drain into the sewer line or would it have to be pumped out. Darling stated usually pools do not drain into the sewer line because it is considered treated or semi-treated water. Riedel stated he thought that it is against ordinances to drain pools directly into the Lake. Mr. Jack Lynch stated it would be pumped and drained into the swale on the west side. Mr. Gustafson stated that typically pools cannot be drained into the sanitary sewer. Commissioner Bean noted that all in all he thought what has been proposed looked very good. What is proposed would be an improvement over the existing variances. He thought the applicants have done a good job of trying to mitigate variances that are really outside of their control given the lot was platted too narrow many years ago. CITY OF SHOREWOOD PLANNING COMMISSION MEETING June 20, 2017 Page 5 of 6 Chair Maddy stated originally he had reservations about decreasing the setbacks. After further consideration, especially when compared to the houses around the property, the applicants are making the house 7 feet narrower (14 feet if the garage is counted). Commissioner Sylvester stated what is proposed is an improvement on many levels over what is currently there. She then stated as long as the drainage concerns are addressed and the neighbors’ concerns are addressed she thought it would be a nice improvement. Commissioner Riedel stated he thought the applicants are taking all of the right steps by doing active landscape design and drainage calculations. Bean moved, Riedel seconded, recommending approval of a variance and conditional use permit to redevelop a nonconforming lot, a variance for the combined total of the side yard setbacks of 24 feet rather than 30 feet, and a conditional use permit for fill in excess of 100 cubic yards contingent upon the conditions identified in the staff report. Motion passed 5/0. Director Darling noted Council will consider this item during its July 10, 2017, meeting. Chair Maddy closed the Public Hearing at 7:32 P.M. 2. MATTERS FROM THE FLOOR 3. OLD BUSINESS / NEW BUSINESS 4. DRAFT NEXT MEETING AGENDA Commissioner Davis noted that she cannot be at the July 18, 2017, Planning Commission meeting. Director Darling stated there is a conditional use permit for accessory space over 1200 square feet slated for the July 18, 2017, Planning Commission meeting. There is also an appeal of a dock violation slated for the meeting. 5. REPORTS • Liaison to Council Council Liaison Sundberg stated she had nothing to report on. nd • Other – Update on Projects Approved, Minnetonka Country Club 2 Addition Director Darling stated Council approved the Final Plat and Development Agreement for the Minnetonka nd Country Club (MCC) 2 Addition. Grading for Phase II has been started. Council also approved the minor subdivision of the Venero property located at 5985 Seamans Drive. Part of that subdivision will be incorporated into the MCC development. She updated the Planning Commission on the status of other items considered during its May 2 meeting. The conditional use permit (C.U.P.) for a coffee shop with drive-thru service and outdoor seating for the properties located at 19245 and 19285 State Highway 7, also known as the Starbucks proposal, has not gone before Council yet. It is scheduled for the July 24, 2017, Council meeting. The front yard setback nd variance for Court and Susan Queen, 27180 West 62 Street, will be considered by Council during its CITY OF SHOREWOOD PLANNING COMMISSION MEETING June 20, 2017 Page 6 of 6 July 10 meeting. That delay of consideration was requested by the applicants. The C.U.P. for accessory space over 1200 square feet for Erin and Michael Neilon, 5795 Club Lane has been approved by Council. The minor subdivision and vacation of right of way for the 6085 Lake Linden Drive property owned by Mike Seifert has been approved by Council. The minor subdivision for Warren Anderson and Mary Penly, 25000 Yellowstone Trail, has been approved. Commissioner Bean suggested the Planning Commission reconsider the 1200 square foot limitation for accessory space. There have been numerous requests to exceed that limit over the last 6 – 12 months. Chair Darling noted that is on her list of things to discuss with the Commissioners. • SLUC Director Darling stated there is a Sensible Lane Use Coalition (SLUC) session scheduled for June 28. The title of it is “Is The PUD Still Relevant?”. She asked the Commissioners to let her know if they want to attend. Commissioner Riedel stated he would like to attend. 6. ADJOURNMENT Bean moved, Riedel seconded, adjourning the Planning Commission Meeting of June 20, 2017, at 7:28 P.M. Motion passed 5/0. RESPECTFULLY SUBMITTED, Christine Freeman, Recorder