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PC-06-05-18 CITY OF SHOREWOOD COUNCIL CHAMBERS PLANNING COMMISSION MEETING 5755 COUNTRY CLUB ROAD TUESDAY, JUNE 5, 2018 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 Davis, Eggenberger, and Gorham; Planning Director Darling; and Council Liaison Sundberg Absent: Commissioner Riedel 1. APPROVAL OF AGENDA Davis moved, Gorham seconded, approving the agenda for June 5, 2018, as presented. Motion passed 4/0. 2. APPROVAL OF MINUTES  April 17, 2018 Davis moved, Gorham seconded, approving the Planning Commission Meeting Minutes of April 17, 2018, as presented. 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. A. PUBLIC HEARING – C.U.P. TO REMOVE SOILS IN EXCESS OF 400 CU. YDS. Applicant: Schroeder Management (rep. Jack and Gretchen Norqual) Location: 27960 Smithtown Road Chair Maddy opened the Public Hearing at 7:04 P.M. noting the procedures used in a Public Hearing. Director Darling explained that Schroeder management on behalf of the property owners, Jack and Gretchen Norqual, has requested a C.U.P. to remove 3,500 cubic yards of material. She noted that Section 1201.03, subdivision 9 requires a C.U.P. for removal of material over 400 cubic yards. Darling noted that staff recommends approval subject to a series of conditions based on recommendations from the City Engineer. She reviewed the recommended conditions. Commissioner Gorham asked if requiring a construction management plan was typical. CITY OF SHOREWOOD PLANNING COMMISSION MEETING JUNE 5, 2018 Page 2 of 6 Director Darling stated that it has become required in new home construction for in-fill locations to control parking and other problems because of a growing concerns over the impact on the neighborhood. Commissioner Eggenberger asked how the City would monitor the number of conditions and whether it would involve site visits. Director Darling stated that it will involve site visits and noted that the erosion control inspections will happen at the same time as building inspections, so the inspector would be on site quite frequently. Commissioner Eggenberger asked if the homeowner or the contractor would be responsible for ensuring that the conditions are met. Director Darling stated that it is ultimately the responsibility of the homeowner, but the City enforces the conditions. Michael Schroeder, Schroeder Management, Representing Jack and Gretchen Norqual, stated that all of the conditions will be pretty easily met and a few are already in process with the City. He reviewed some of the conditions that won’t apply. He assured the Commission that none of the construction parking will be along Smithtown Road, but located somewhere on the property itself. Chair Maddy opened the Public Testimony portion of the Public Hearing at 7:12 P.M. There being no public testimony, Chair Maddy closed the Public Testimony portion of the Public Hearing at 7:12 P.M. Commissioner Davis asked if the tree inventory showed that six trees would be removed. Mr. Schroeder stated that only one of the trees are of significant size. Eggenberger moved, Davis seconded, recommending approval of the C.U.P for Soil Extraction in Excess of 400 Cubic Yards at 27960 Smithtown Road, pursuant to the conditions as outlined in the th staff report and the addition of a 6 bullet point being a Construction Management Plan. Motion passed 4/0. B. PUBLIC HEARING – ZONING CODE TEXT AMENDMENT TO C-1 DISTRICT USES Applicant: Jonathan Higgins Chair Maddy opened the Public Hearing at 7:15 P.M. noting the procedures used in a Public Hearing. Director Darling explained that Jonathan Higgins has requested to operate a body art establishment called Historic Tattoos at 23670 State Highway 7. She stated that the zoning ordinance does not list tattooing as a permitted use, nor does it have a similar use that would allow administrative approval. Staff is recommending an ordinance amendment that includes body art as a permitted use in the C-1 zoning district and noted that the amendment also cleans up a use that is not in alphabetical order in the C-1 zoning district. Chair Maddy noted a few typographical errors in the paragraph that identifies who can perform the body art services and what it includes. Director Darling stated that she would fix the errors. CITY OF SHOREWOOD PLANNING COMMISSION MEETING JUNE 5, 2018 Page 3 of 6 Chair Maddy asked for an explanation of micropigmentation. Director Darling explained that micropigmentation is typically used when doing cosmetic applications, such as eyeliner. Jonathan Higgins, 6015 Seamans Drive, stated that he is looking to open a tattoo parlor and museum. He noted that there was one thing in the staff notes that indicated how body art is treated in different towns. He stated that in Excelsior, there has been a shop open for over a year and it is licensed with the department of health. He is unsure how their zoning has it listed, but there is a shop there. He presented an article to the Commission on the shop. He expanded on Director Darling’s explanation and clarified that the micropigmentation was for cosmetic use on things like eyebrows, eyeliner, or lips. It can also be used for men who have less hair on their heads with a stippling effect. He noted that it is a technique that doesn’t go to the same dermal depth as a typical tattoo. Chair Maddy stated that it looked like the ordinance expanded the information on body piercing and asked if Mr. Higgins was interested in expanding his services. Mr. Higgins stated that he has no interest in piercing and planned to stick with just tattooing. Commissioner Davis asked Mr. Higgins why he felt a tattoo business will be successful in Shorewood. Mr. Higgins stated that he is merely optimistic, but noted the worldwide growth of tattooing creating a growing demand. He stated that he has worked in a shop in Elk River for six years, 12 hours a day, 7 days a week and can bring in existing clientele from his work at that shop. Chair Maddy noted that he found the demographic information that Mr. Higgins submitted to be very interesting. Commissioner Davis stated that she liked Mr. Higgins’ idea of holding classes and asked where he got his historical equipment. Mr. Higgins stated that he spends a lot of time educating people, so he felt it would make sense to get them all in one room and teach them together. He stated that he has traveled across the country and gotten them from other museums, off of eBay or other internet sources. He stated that he has a number of authentic artifacts, replica artifacts, periodicals and various machines. He is hoping that he will attract more than just people interested in tattoos, but who are interested in art. He plans to have membership options, tours, art classes, and seminars. Commissioner Eggenberger noted that the language of the new ordinance states “body art establishment (licensed)” and asked Planning Director Darling if the City would specify what kind of license. Director Darling noted that in the definition for body art establishment it states that it is any body art establishment licensed by the State where body art is performed. Chair Maddy opened the Public Testimony portion of the Public Hearing at 7:25 P.M. Sophia Higgins, 6015 Seamans Dr, stated that she is 7 years old. Mr. Higgins introduced his wife, Kate and his children Jasper and Sophia to the Planning Commission and stated that they have been very supportive of his efforts. CITY OF SHOREWOOD PLANNING COMMISSION MEETING JUNE 5, 2018 Page 4 of 6 There being no additional public testimony, Chair Maddy closed the Public Testimony portion of the Public Hearing at 7:25 P.M. Davis moved, Gorham seconded, to Recommend Approval of the Proposed Ordinance Text Changes as recommended by staff, as they Pertain to Body Art Establishments for the City. Motion passed 4/0. 4. OTHER BUSINESS A. VARIANCE TO BUILD ON A SUBSTANDARD LOT Applicant: Conrad Lee Nill Location: 5885 Eureka Road Director Darling explained that the property is located at the corner of Eureka Road and Mann Lane. She noted that the applicant would like to remove the existing home and detached garage and build a new home with an attached garage. She reviewed the requirements for granting a variance to build on a substandard lot and noted the applicant is planning to install a rain garden on the property to help offset the additional impervious surface that is proposed. She stated that staff is recommending approval. Commissioner Gorham asked if there had been variances granted for the homes next door. Director Darling stated that she did not think so because they are all older homes as well. She noted that the home to the east had met the criteria so a variance was not required for them to build the new home. Chair Maddy opened the meeting for public comment at 7:31 p.m. and being no comments were given, closed it at 7:31 p.m. Commissioner Gorham asked what state the current home is in because there is a statement in the applicant’s narrative that says if the variance wasn’t granted, it would render the investment useless. Commissioner Davis stated that the current home is an eyesore and she had almost turned it in to the City. Lynn Nill, stated that the property was sold to them with the existing house as a tear-down and was never advertised as habitable. She stated that her husband has been inside of the structure, but she has not. Commissioner Davis stated that she understood why she wouldn’t go inside because things are falling off of the house. Davis moved, Gorham seconded, to Recommend Approval of a Variance to Build on a Substandard Lot at 5885 Eureka Road. Motion passed 4/0. Director Darling noted that this application will be considered at the June 12, 2018 Council meeting. B. SETBACK VARIANCE Applicant: Tschida Construction (Rep. Brent and Kim Shiely) Location: 4495 Enchanted Lane Director Darling stated that the applicant is requesting a variance in order to construct a screened porch and deck that would be 40.1 feet from the ordinary high-water level, rather than the required 50 feet. She reviewed the criteria that must be met in order to grant a variance. She showed a photo of the inlet that was created at some time in the past that makes it impossible for the property owner to meet the 50 feet setback. She noted that the current home and the inlet were constructed before the 50-foot setback requirement was CITY OF SHOREWOOD PLANNING COMMISSION MEETING JUNE 5, 2018 Page 5 of 6 part of City Code. She stated that the City had received e-mail correspondence from Steve and Jane Ann Davis, Pam Meisel and Chris Wold in support of the variance request. She stated that staff is recommending approval with the conditions outlined in the staff report. Kim Shiely, 4495 Enchanted Lane, stated that the lean-to on the garage appears to be something that was built with the original home in 1955 and they would prefer not to tear it down, with the thought that they may come back for a permit in the future to build a larger garage in the future. She understands that the City will need proof that it was part of the 1955 build, and they are working on trying to get that documentation by contacting previous owners. Chair Maddy suggested contacting the University of Minnesota because they have a great aerial photo library that may be helpful. He asked if she knew the story about the inlet and when it was put in. Ms. Shiely stated that she did not, but, knows that it was put in prior to the previous owners and they purchased the home in 1990. Commissioner Davis asked how deep the inlet is. Ms. Shiely stated it has a sand bottom is very shallow. Chair Maddy opened it up for public input at 7:40 p.m. and there being no public input, closed this portion of the meeting. Chair Maddy stated that he was not familiar with the Lake Minnetonka guidelines, but asked if it would be possible to simply fill the inlet with sand. Director Darling stated that it is below the floodplain and would be altering the shoreline of the lake and would likely require permits from the Army Corps of Engineers, the watershed district and the DNR. She stated that she would not recommend it. Commissioner Gorham stated that he appreciated that the deck isn’t a monstrosity and seems reasonably sized. He asked what impervious surface coverage the Commission was being asked to approve because the table included in the packet seemed to be different than what Director Darling mentioned. Director Darling stated that her recommendation is for 36.7% which would require the lean-to to be removed. Commissioner Eggenberger asked how large the lean-to structure is and asked what the problem is with the structure. Director Darling stated that it is 220 square feet and was not permitted or part of the original building permit for the garage. The lean-to is within 1 foot of the property line. She noted that calling it a lean-to is a bit of a stretch because it is fully enclosed. Eggenberger moved, Davis seconded, to Recommend Approval of the Setback Variance at 4495 Enchanted Lane Per the Conditions Set by Staff, as presented. Motion passed 4/0. Commissioner Davis stated that this situation reminds her of the vintage garage that was right on the property line over by Christmas Lake and the homeowners found aerial imagery from the 50s and the structure ended up being part of a historical book that featured the garage. CITY OF SHOREWOOD PLANNING COMMISSION MEETING JUNE 5, 2018 Page 6 of 6 5. MATTERS FROM THE FLOOR Dave Gerten, 25110 Glen Road, stated that he had attended an informational meeting in April with Sathre- Bergquist and David Pemberton about the lot across from his property. He stated that at that meeting it sounded like there would be a follow up discussion at tonight’s planning meeting. He understands it is obviously not on the agenda tonight, but asked if anyone knew when that topic would be on the agenda for the future. Director Darling noted that the applicants have decided not to move forward with their plans, so there will be no public hearings on the topic. 6. REPORTS • Liaison to Council Council Liaison Sundberg reported that the Council did approve the setback request on the Marsh Pointe residence. Chair Maddy noted that the Commission understood their reasons. Director Darling stated that the Council did direct staff to take a look and see if the City should be allowing porches to encroach into the setback and also to see if it was appropriate to have a 50-foot setback from a local street. Director Darling noted that the June 11, 2018 Council meeting had been cancelled because of a lack of quorum and she has tentatively rescheduled the work session for June 25, 2018 if she can get all of the consultants rescheduled. • SLUC Summary Director Darling noted that the Commission can bypass this agenda item because nobody attended this seminar. • Draft Next Meeting Agenda Director Darling stated there will be a small subdivision application and possibly a code amendment at the next meeting. There was discussion of whether there was going to be a July Council meeting. Commissioner Davis stated that there is a proliferation of homes on her side of the City that are not taking care of their yards and letting their grass get ridiculously tall. She stated that some of the houses are either vacant or for sale and the realtors are not taking care of them. She stated that she is planning to take pictures of the yards and asked if she should send them to Public Works. Director Darling noted that the pictures could also be sent to the front counter staff and they would get them to the Public Works staff. 7. ADJOURNMENT Davis moved, Gorham seconded, adjourning the Planning Commission Meeting of June 5, 2018, at 7:55 P.M. Motion passed 4/0.