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PC-08-28-18 CITY OF SHOREWOOD COUNCIL CHAMBERS PLANNING COMMISSION MEETING 5755 COUNTRY CLUB ROAD TUESDAY, AUGUST 28, 2018 7:00 P.M. MINUTES CALL TO ORDER Vice-Chair Davis called the meeting to order at 7:00 P.M. ROLL CALL Present: Commissioners Davis, Eggenberger, Gorham, and Riedel; Planning Director Darling; and Council Liaison Johnson Absent: Chair Maddy 1. APPROVAL OF AGENDA Eggenberger moved, Riedel seconded, approving the agenda for August 28, 2018, as presented. Motion passed 4/0. 2. APPROVAL OF MINUTES  July 17, 2018 Gorham moved, Eggenberger seconded, approving the Planning Commission Meeting Minutes of July 17, 2018, as presented. Motion passed 3/0/1 (Davis abstained since she was not at the meeting). 3. PUBLIC HEARINGS Vice-Chair Davis 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 – 7:10 – PRELIMINARY PLAT AND LOT AREA VARIANCE. Applicant: City of Shorewood Location: 22000 Stratford Place Director Darling explained that this is a request from the City of Shorewood for a variance to lot area and lot width in order to create a buildable lot at 22000 Stratford Place. She noted that this property was created to construct a wellhouse that was decommissioned in 2008 and has sat vacant since that time. The property is currently an outlot, which is an unbuildable parcel by city code. She stated that the City has requested that the legal description be altered in order to assign it a lot/block legal description. She noted that any home constructed on the property would have driveway access off of Apple Road so the stormwater features on the south side of the property is not disturbed. Staff recommends approval and noted that the City has received two letters from nearby property owners indicating concerns about the stormwater feature in this location that overflows and water often sits on this property. She stated that staff reviewed the storm water feature and found that it has become silted in over time and will need to be maintained. CITY OF SHOREWOOD PLANNING COMMISSION MEETING AUGUST 28, 2018 Page 2 of 6 Vice-Chair Davis opened the Public Hearing at 7:10 P.M. noting the procedures used in a Public Hearing. Dan Fisk, 6100 Apple Road, stated that his driveway runs along the boundary of this property. He stated that he is not averse to the development of suitable housing, but has not seen any plans for this property yet. He stated that he would echo the concerns that were mentioned about the drainage problems. He stated that during the spring melt, the run off floods his driveway as well as after heavy rainfall. He stated that he believes a home and driveway will increase the runoff from this property. He reiterated that run off is already an issue that needs to be addressed even without putting in a home. He stated that if the Planning Commission approves this as a buildable lot, he hopes that they will address this runoff issue. Vice-Chair Davis confirmed that the drainage structure that is in place is under Mr. Fisk’s driveway. Commissioner Riedel asked if this was a French drain type structure. Mr. Fisk stated that they moved in five years ago and the culvert was already in place. He reiterated that the current situation is not adequate for the amount of water that flows across there. Al Whittaker, 23020 Stratford Place, stated that he agrees that Mr. Fisk’s driveway does flood. He asked if any of the work on groundwater holding area would affect the intersection of Apple Road and Stratford Place and who would be assessed for the costs. There being no additional comments, Vice-Chair Davis closed the Public Testimony portion of the Public Hearing at 7:16 P.M. Director Darling stated that one of the reasons the stormwater basin has been overflowing is because it needs some maintenance and this cost will not be assessed to homeowners. She stated that she does not know of any roadwork that would be needed to accommodate this one home and reiterated that the driveway would access Apple Road. Commissioner Riedel asked if there was already a proposed buyer and if the lot would be sold on the open market. Director Darling explained that the Council did accept a Purchase Agreement for the property. She stated that the parcel was not for sale until the City was approached by someone interested in purchasing the property. She stated that the lot is somewhat compromised because of the drainage feature as well as the underground utilities that are still in place from the former wellhouse. She noted that the house plans do not include a basement. She stated that the property was appraised by the Hennepin County Assessor’s Office as well as an area realtor and the purchase price is in line with what those professionals indicated was a fair price. Commissioner Riedel asked if the purchaser of the property was aware of the concerns from the community and if they were still interested. Director Darling stated that they were aware of the concerns that had been raised and were still interested. Commissioner Riedel asked if Public Works was aware of the drainage issues in this area and if there were plans to include it in the long-term maintenance plans. Director Darling stated that the drainage review was completed long before the e-mails from residents came in and noted that the City will be handling the maintenance of the basin because it is still City property. CITY OF SHOREWOOD PLANNING COMMISSION MEETING AUGUST 28, 2018 Page 3 of 6 Vice-Chair Davis stated that this is beautiful piece of property, but the lot is very low. She asked where Apple Road falls in the road reconstruction plans because perhaps that reconstruction could help with some of the existing drainage issues. Director Darling stated that it is not planned within the next five years. Mr. Fisk stated that the road was worked on about two years ago. Commissioner Eggenberger asked what would be done for maintenance to the holding pond. Director Darling noted that it will be restored back to its original design. Commissioner Eggenberger asked about Mr. Fisk’s driveway and whether maintenance would include the culvert that runs under his driveway and perhaps making the culvert bigger. Director Darling stated that it is her understanding that the proposed maintenance would just be in the basin area. She stated that this culvert is not in City property and is not sure if it is in an easement or not. She stated that she will talk to the City Engineer about that issue. Commissioner Eggenberger stated that he was less concerned about approving this variance and looking towards what would happen when they tried to put a structure on the lot. He stated that now he is not sure that the two issues can be separated. He stated that he is not sure that he wants to approve something that will be a burden to other people in the neighborhood because of the water problems on the lot. Commissioner Riedel stated that he imagines once you making the holding pond deeper then the culvert run off wouldn’t be as affected and will be included in the stormwater management plan to clean out the basins every five or ten years. Commissioner Eggenberger asked if this variance was approved if it would have an affect on the variances that come from putting a dwelling on the lot. Director Darling noted that staff is not anticipating any variances for building a home and have been very clear with the buyer about the required setbacks and location of existing easements and how large the buildable area is. Vice-Chair Davis confirmed that the City will maintain the stormwater pond in perpetuity. Commissioner Riedel stated that if these variances are approved, this would move forward as a non- conforming lot and have to follow those guidelines. Director Darling stated that it will not be a non-conforming lot, it will conform to the ordinances, subject to the variances. Vice-Chair Davis stated that she does not see how this lot can be built on without bringing fill in because it is so low. She also thinks a swale will have to be created along the side lot line that hopefully will not drain onto Mr. Fisk’s property. She stated that she understands that her comments are possibly anticipating problems that do not exist yet, but feels it is a fair concern. Mr. Fisk stated that he understands the plans are to restore the holding pond to its original form, but stated that is not adequate for today without the additional property being discussed. He thinks any work done to the holding pond needs to include greater capacity than the original plans and current design. CITY OF SHOREWOOD PLANNING COMMISSION MEETING AUGUST 28, 2018 Page 4 of 6 Commissioner Riedel stated that it is the City’s decision to sell this lot and the Planning Commission’s job is to see if the preliminary plat and the variances fit the requirements. He stated that it appears that the Planning Commission is debating whether they think it is a good idea to build there or not and that may not be the right question for the Planning Commission to be considering. Vice-Chair Davis stated that she agrees with Mr. Fisk that the stormwater holding pond likely should be enlarged to increase its capacity. Commissioner Gorham stated that many people have spoken about concerns with the runoff and suggested leaving it up to the City Engineers to determine whether the size of the holding pond is inadequate. Director Darling noted that the Engineering Department did run calculations based on the water that is flowing through the site and any increase, because of building a home, would be the responsibility of the buyer. Commissioner Gorham stated that the City would, in essence, be saying “buy at your own risk based on the information we gave you”. Eggenberger moved, Riedel seconded, to recommend approval of the preliminary plat and variances to lot area and width for the property at 22000 Stratford Place, with the request that the Council take into consideration the reservations the Planning Commission has about the buildability of the lot. Motion passed 4/0. Director Darling noted that this item will be on the Council agenda for the September 10, 2018 meeting. 4. OTHER BUSINESS A. MINOR SUBDIVISION AND SETBACK VARIANCE Applicant: Richard Denman Location: 5865 Glencoe Road Director Darling stated that this property is requesting a minor subdivision to create a new lot on the south side of the property to build a new home. She noted that the applicant is also asking for a setback variance in order to allow for a deck, porch and one cantilever would be constructed up to 20 feet where 30 is required. She noted that staff is recommending approval of the minor subdivision request with a few conditions. She stated that for the setback variance, the applicant has shown that the setback for Academy Avenue is larger than typical in the City. She noted that, if approved, this home would sit 42 feet away from the edge of the road which is greater than many homes in the area. She stated that staff is also recommending approval of the setback variance but notes that the applicant has met some of the conditions better than others. Commissioner Riedel asked why the right-of-way was so wide in this area. Director Darling noted that the right-of-way was dedicated with the plat but does not have a specific answer. She noted on the Glencoe side there are utilities close to the property line and on the Academy side there are also utilities, but they are not as close to the front property line as they are on Glencoe. Rick Denman, 5865 Glencoe Road, stated that he and his wife purchased this property a short time ago. The existing home on the site was built in about 1910 and has had improvements over the years. He stated that they are planning to add a two-car garage and make other internal and external improvements on the existing home. He noted that there are currently two outbuildings on the site that they plan to demolish and take down. He stated that he works with Charles Cudd Company which are home builders. The existing CITY OF SHOREWOOD PLANNING COMMISSION MEETING AUGUST 28, 2018 Page 5 of 6 home is a two-story home and their preference is to build a smaller, single-level living home. He stated that they love this location and noted that his wife had grown up on Christmas Lake. He noted that the building plans are for a modest sized home and gives a lot of privacy to the neighbor next door. He stated their children live out of state and their plans are to fix up the existing farm home and have their children stay there when they are in town visiting. Commissioner Riedel asked about the size of the porch, deck and cantilever portion of the master bedroom and whether their size could be reduced to comply with the setback requirements. Mr. Denman stated explained that the porch is 12 feet deep and he would like to keep that depth because reducing the size of the porch or the patio would make it less livable in terms of their use. He noted other homes in the neighborhood have zero setback. Vice-Chair Davis stated that she likes this use for the lot and likes that is a small home. Commissioner Riedel stated that he tends to take things literally and this appears to be new construction on a non-conforming lot. He stated that the City may want to revisit the side yard versus front yard setback because this was the same issue that was faced with a previous applicant. Director Darling noted that after discussion of the home on Marsh Pointe, the Council did ask staff to look into changing the ordinance to allow porches to encroach into the side yard setback. Commissioner Gorham stated that for the variance, he is of the opinion that this is essentially a self-created hardship. He noted that he attended a recent Council meeting where another subdivision was discussed and Councilmember Labadie asked the question “What is in it for Shorewood?” and he asked that same questions for this subdivision. He asked if the Planning Commission and the Council have been supportive of subdivisions in the past. Director Darling stated the City gets to define the standards under which lots can be created, so if the applicants can show that they can meet the requirements in the ordinance, there is not a whole lot of discretion. She stated that when they meet the requirements, subdivisions have been very consistently approved by both the Planning Commission and the Council. She noted that the lot is not a non-conforming lot but are asking for the setback variance for the porch and deck. Vice-Chair Davis stated that because of her rear yard setback, she has a 10x20 studio on the back of her home. She stated that she would be hesitant to make this space narrower because of her experience in her studio. Commissioner Eggenberger stated that he feels this is a beautiful home and will be an asset to the City. Eggenberger moved, Riedel seconded, to recommend approval of the minor subdivision and setback variance for Richard Denham at 5865 Glencoe Road, subject to conditions in staff report. Motion passed 3/1 (Gorham). Director Darling noted that this will be on the Council agenda for September 10, 2018. B. MINOR SUBDIVISION Applicant: Chris Stephan Location: 4865 Ferncroft Drive Director Darling stated that the applicant is proposing to remove the existing home, subdivide the property, and build two new homes. Staff is recommending approval with the conditions listed in the report. CITY OF SHOREWOOD PLANNING COMMISSION MEETING AUGUST 28, 2018 Page 6 of 6 Commissioner Eggenberger asked how things would work when the house was taken down and whether the basement would simply be filled in. Director Darling explained that in this case that option would be not be possible because it would interfere with the new structures, so they will need to take everything out. Chris Stephan, 4865 Ferncroft Drive, presented the corrected survey to the Commission. He noted that the plans presented tonight are just conceptual and understands that there will be changes made to comply with the requirements. Riedel moved, Gorham seconded, to recommend approval of the minor subdivision for Chris Stephan at 4865 Ferncroft Drive, subject to the conditions in the staff report. Motion passed 4/0. Director Darling noted that this will be on the Council agenda for September 10, 2018. 5. MATTERS FROM THE FLOOR - None 6. REPORTS • Liaison to Council Council Liaison Johnson gave a brief report on matters considered and actions taken during Council’s August 13, 2018 and August 27, 2018, meetings (as detailed in the minutes for those meetings). Commissioner Eggenberger asked about the discussion surrounding single hauler garbage for the City. Director Darling noted that she knows it is on an upcoming Council work session but is not sure of the date. She stated that at the next Council work session there will be a full draft of the Comprehensive Plan available, so she will open that up as a Planning Commission work session also. Council Liaison Johnson noted that there was a certain process that had to be followed in order to discuss the possibility of a single hauler, such as some regulatory notices to the haulers. He stated that a lobbyist had sent out a flyer to the City that was misleading and noted that the City is following the required process. He clarified that the idea being discussed is not a single hauler for the entirety of the City, but splitting the City into three zones and that the haulers would have to competitively bid to get the zone. He noted that at some point there will be a public hearing so the residents can give them feedback. • Draft Next Meeting Agenda Director Darling stated there are two variance applications slated for the September 18, 2018, Planning Commission meeting, however she may push one of them to the October 2, 2018 meeting. She asked for a volunteer to present to the Council in September since Chair Maddy was not at tonight’s meeting. Commissioner Eggenberger stated that he can attend the September 10, 2018 Council meeting, but noted that he will be not able to attend the September 18, 2018 Planning Commission meeting. 7. ADJOURNMENT Riedel moved, Gorham seconded, adjourning the Planning Commission Meeting of August 28, 2018, at 8:38 P.M. Motion passed 4/0.