PC-10-03-17
CITY OF SHOREWOOD COUNCIL CHAMBERS
PLANNING COMMISSION MEETING 5755 COUNTRY CLUB ROAD
TUESDAY, OCTOBER 3, 2017 7:00 P.M.
MINUTES
CALL TO ORDER
Chair Maddy called the meeting to order at 7:02 P.M.
ROLL CALL
Present: Chair Maddy; Commissioners Bean, Davis, and Riedel; Planning Director Darling; and,
Council Liaison Johnson
Absent: Commissioner Sylvester
1. APPROVAL OF AGENDA
Bean moved, Davis seconded, approving the agenda for October 3, 2017, as presented. Motion
passed 4/0.
2. APPROVAL OF MINUTES
August 1, 2017
Davis moved, Riedel seconded, approving the Planning Commission Meeting Minutes of August 1,
2017, as presented. Motion passed 4/0.
3. PUBLIC HEARING
A. 7:00 P.M. – CONSIDER ZONING CODE TEXT AMENDMENTS REGARDING
SECTION 1201.05, ADMINISTRATION OF VARIANCE AND APPEALS;
SECTION 1201.02, DEFINITIONS; AND SECTION 201.07 PLANNING
COMMISSION POWER AND DUTIES
Chair Maddy opened the Public Hearing at 7:04 P.M.
Director Darling noted staff is proposing amendments to the Zoning Code which pertain to appeals and
variances.
She explained the current Code has combined those two types of applications into one set of regulations.
Staff drafted the amendments to separate the two applications and processes.
She reviewed the definitions for the two types of applications.
An appeal is a request to the Planning Commission and City Council to review and overturn an
administrative interpretation of the zoning ordinances or an employee’s decision or a denial of a
permit. Essentially, an appellant would be maintaining that an employee made an error when they
interpreted the ordinance, enforced a regulation, or some similar issue. The current Ordinance
requires that a public hearing be held for an appeal and that all property owners within 500 feet of the
CITY OF SHOREWOOD PLANNING COMMISSION MEETING
October 3, 2017
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appellant’s property be notified. Staff has proposed that all appeals come before the Planning
Commission at a public meeting rather than at a public hearing. What the appellant is asking for is
clarification of the rules or relief from what they believe is a staff error. A mailed notice would not be
as direct as it is with, for example, variances and conditional use permits (C.U.P.s). Because the
request for an appeal may be applicable city-wide rather than for just one specific property the
owners of adjacent properties would not be notified. If an appeal is successful the appellant is
returned to the correct process or activity and notification is decided by the applicable process.
A variance is a request to allow a deviation in the application of the Zoning Ordinance as it applies to
a property because of some practical difficulty that exists on a specific property. Essentially, it
allows the applicant the ability to do something that the zoning regulations say is not permissible
because of some outstanding circumstance. The current Ordinance requires that a public hearing be
held and that all property owners within 500 feet of the applicant’s property be notified. Staff has
proposed that variances come before the Planning Commission at a public meeting rather than a
public hearing and to continue to notify all property owners within 500 feet of the applicant’s
property. Staff has also proposed amendments to the criteria for reviewing a variance and some
alteration to the procedures.
The most notable proposed change is to remove the requirement to hold a public hearing from the
review of either application. When the requirement to hold a public hearing was initially included in
the City’s Ordinances it was an effective means to communicate public action; people used it to find
out what the government was reviewing, what it was hearing and how it was changing the rules.
Today, more residents electronically subscribe to newspapers or they do not subscribe at all. Few
residents read the public notice sections in newspapers. Staff is more likely to receive calls or
questions about items posted for Council’s review on the City’s website or from agendas for public
meetings emailed to interested residents. Staff thinks the effectiveness of public notice is negligible.
Commissioner Bean asked if public testimony would be taken during a public meeting. Director
Darling stated that could be done but it is not a requirement. Bean stated he never thought that taking
public testimony would be optional. He then stated he agrees that an appeal does not necessitate
notifying other property owners. But, he has some question about not holding a public hearing for
variance applications.
In response to a question from Commissioner Riedel, Director Darling explained the notice of a
public hearing has to be published in the City’s Official Newspaper which is the Sun Sailor. The City
may also publish it in the Lakeshore Weekly News. The cost to publish one hearing notice is $100.
Riedel then stated those published public hearing notices reach only a small percentage of residents.
With regard to Section 1201.05 Administration, Variances and Appeals, after discussion the
following changes were recommended to what staff proposed.
Subd.2.a.(3) – It was changed to read “Filed within 14 days of the date the administrator’s
decision was mailed”.
Subd.2.d. – “… appellant or a representative thereof shall appear …” was changed to “…
appellant or a representative thereof may appear …”.
Subd.2.e. – It was changed to read “… passage by a simple majority vote of a quorum of the
City Council.”
Subd.3.a.(2) – Change “Practical difficulties mean that the property owner proposes to:” to
“Practical difficulties mean:” and change Subd.3.a.(2)(a) to read “Use of the property in a
reasonable manner is not permitted by this Chapter.” Staff will review the wording of this.
CITY OF SHOREWOOD PLANNING COMMISSION MEETING
October 3, 2017
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Subd.3.b.(4) – “… applicant or a representative thereof shall appear …” was changed to “…
applicant or a representative thereof may appear …”.
Subd.3.b.(6)(a) – It was changed to read “… passage by a simple majority vote of a quorum
of the City Council.”
Subd.3.b.(6)(c) – It was changed to read “… made by not less than a simple majority vote of
a quorum of the City Council.”
Council Liaison Johnson stated Director Darling’s staff report for this item states “The Planning
Commission doesn’t have to allow residents to speak during a public meeting, but Shorewood’s
practice includes allowing any attendee to voice their concerns.” He asked if changing the
consideration of variances and appeals to be during public meetings he asked if that would allow the
opportunity for future Councils and/or Planning Commissions to shut down the opportunity for taking
public testimony. Commissioner Riedel asked if there is a way to avoid publishing the notice of a
public hearing in the City’s Official Newspaper. Director Darling stated no. Commissioner Bean
asked if it would be possible to stipulate that public testimony shall be taken during any public
meeting. Council Liaison Johnson noted he was going to suggest that same thing.
There was Planning Committee consensus to have the City’s Ordinance stipulate that public
testimony must be taken during any public meeting for consideration of a variance.
Council Liaison Johnson suggested adding one sentence to Subd.3.b.(3) Public Meeting which states
“Public testimony will be heard.” Director Darling suggested adding “and take public testimony” to
the end of Subd.3.b.(4).
There was Planning Commission consensus to add to the end of Subd.3.b.(4) “The Planning
Commission shall take public testimony”.
Seeing no one present to comment on the case, Chair Maddy opened and closed the Public Testimony
portion of the Public Hearing at 7:59P.M.
Bean moved, Davis seconded, recommending approval of the proposed ordinance amending the
Zoning Code as it pertains to variances and appeals subject to making the changes recommended
above. Motion passed 4/0.
Chair Maddy closed the Public Hearing at 8:00 P.M.
4. OTHER BUSINESS
A. Discuss Meeting Date for November
Director Darling stated the next regular Planning Commission meeting is scheduled for November 7 at
7:00 P.M. while noting that is an election day. The options are to start the meeting at 8:00 P.M. after the
polls close or to reschedule it for November 21. Commissioner Bean noted November 21 is the week of
Thanksgiving and noted that he would not be in attendance on November 7.
There was Planning Commission consensus to change the start time of the November 7 to 8:00 P.M. If it
appears there could potentially be a long line of voters waiting to vote for the School Board election then
the meeting will be moved to November 21.
CITY OF SHOREWOOD PLANNING COMMISSION MEETING
October 3, 2017
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B. Determine Liaison Schedule for October through December
Liaisons to Council were selected as follows:
October 2017 Commissioner Riedel
November 2017 Commissioner Davis
December 2017 Commissioner Bean
January 2018 Chair Maddy
February 2018 Commissioner Sylvester
5. MATTERS FROM THE FLOOR
There were no matters from the floor presented this evening.
6. REPORTS
• Liaison to Council Report by Councilmember Johnson
Council Liaison Johnson reported on matters considered and actions taken during Council’s September
25, 2017 meeting (as detailed in the minutes for that meeting). He had a strong focus on the conditional
use permit (C.U.P.) application for a drive-thru service window for a proposed coffee shop. Director
Darling elaborated on that.
There was ensuing discussion about the proposed coffee shop and traffic in general in that area.
• Update on Projects Approved
Director Darling stated that Council had adopted a resolution granting a conditional use permit and a lot
width variance to build on a substandard lot to Mark and Karleen Leslie, 28241 Boulder Circle, during its
August 28 meeting.
• Draft Next Meeting Agenda
Director Darling stated there are an amendment to a planned unit development, a lot line rearrangement,
and a variance slated for the November 7, 2017, Planning Commission meeting.
7. ADJOURNMENT
Davis moved, Bean seconded, Adjourning the Planning Commission Meeting of October 3, 2017, at
8:17 P.M. Motion passed 4/0.
RESPECTFULLY SUBMITTED,
Christine Freeman, Recorder