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PC-11-20-18 CITY OF SHOREWOOD COUNCIL CHAMBERS PLANNING COMMISSION MEETING 5755 COUNTRY CLUB ROAD TUESDAY, NOVEMBER 20, 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 Riedel; Planning Director Darling; and, Council Liaison Johnson Absent: Commissioner Gorham 1. APPROVAL OF AGENDA Eggenberger moved, Davis seconded, approving the agenda for November 20, 2018, as presented. Motion passed 4/0. 2. APPROVAL OF MINUTES  October 30, 2018 Davis moved, Reidel seconded, approving the Planning Commission Meeting Minutes of October 30, 2018, as presented. Motion passed 4/0. 3. PUBLIC HEARINGS – None 4. OTHER BUSINESS A. VARIANCES FOR SETBACKS AND HARDCOVER Applicant: Douglas Thesingh Location: 28015 Woodside Road Commissioner Eggenberger noted that there was a memorandum distributed just prior to the meeting regarding this application. Director Darling explained that this application for setbacks and hardcover is for the applicants to add a front and side porch to their home. She explained the variances that had been granted to previous owners and reviewed the current variance requests. She stated staff has reviewed the request according to the zoning regulations criteria and found that the setback requests meet the requirements however, the hardcover request does not. She noted that the City has received one letter of support from the property owner to the east. Commissioner Reidel confirmed that the plans as presented are to increase the non-conformity of all three requests. He asked for more information about why staff was recommending approval of the setbacks and not the impervious surface. CITY OF SHOREWOOD PLANNING COMMISSION MEETING NOVEMBER 20, 2018 Page 2 of 5 Director Darling noted that the house and the gazebo were approved to be exactly where they are, so they are conforming. She stated that the City has been looking at considering some code amendments to allow covered porches or porticos within a front yard or a side abutting a street. She stated that this variance request is very similar to others the City has approved. She stated that the variance request does not appear to be impactful either to the neighbor to the east or to the public street. Amie Thesingh, 28015 Woodside Road, stated that their request is to continue an existing deck and create a wrap-around porch. She stated that they are pleased that staff is recommending approval of the setback request, but questions the problem with the impervious surface variance. She noted that she had typed up a memo for the Commission to consider prior to the meeting. She gave a brief summary of what information she included in the memo surrounding the efforts they made to decrease the impervious surface amounts on their lot. She stated that they had also spent a lot of time improving the water run off situation by including French drains, drain tile, and intensely planting the lot in order to hold the soil in place. She stated that she thinks the location and size of their lot creates a unique situation since they have wide setbacks on two sides of their property. She asked that staff reconsider the effort that was made to come up with the absolute minimum variance for impervious surface of 25.9 percent instead of 25 percent. Chair Maddy asked how much work had already been completed. Ms. Thesingh stated that the driveway, landscaping, the culvert, and all the water management pieces are already in place. She stated that they have holes for the footings of the porch and are hoping the variance will be granted in order to move forward before the ground freezes. Chair Maddy confirmed that the applicants had removed 216 square feet of bituminous material off of the public right of way. Commissioner Reidel stated that the applicants are missing the target by such a small amount and asked if there wasn’t a place where those extra few feet could be recovered. Ms. Thesingh stated that they narrowed the driveway and made the turn around as small as possible. She stated that the drawing is not as accurate as the aerial photograph and noted that the arc is not as pronounced as it appears, so there isn’t really room to cut it down anymore. She noted that their goal was not to apply for a variance at all and noted that they shaved everywhere they can. She explained that a standard porch is eight feet wide and theirs is proposed to be six feet on the side and seven feet on the other side. She noted that they had just purchased the home on November 1, 2017 and bought it with the plan to make these outdoor improvements and were not aware of the restrictions and feel that they have worked hard to get meet the standards. Director Darling asked whether the gravel sidewalk that was installed was compacted gravel. Mr. Thesingh stated that she isn’t sure of the name, but they had taken the concrete sidewalk out and tried to create something permeable with crushed rock. Commissioner Davis asked how much of the lot to the east had impervious surface because there is a tennis court on the lot. Director Darling noted that the neighboring property was originally subdivided as two parcels and were later combined. The tennis court was installed prior to the adoption of shoreland regulations. Douglas Thesingh stated that his understanding is that the concrete patio in the back is covering a former pool, however he doesn’t know what is underneath it. He stated that the patio height matches the height of CITY OF SHOREWOOD PLANNING COMMISSION MEETING NOVEMBER 20, 2018 Page 3 of 5 the main floor of the house and in order to replace it with a deck they would have to excavate a pit right next to the home foundation. Commissioner Reidel asked what the real practical difficulty is in shaving a little bit off the driveway. Mr. Thesingh gave an overview of the ways the material could be shaved off and why they are not practical or workable. Commissioner Reidel reiterated that he didn’t think it would be that difficult to shave enough off to meet the impervious surface requirements. Mr. Thesingh stated that all of the other homes in their area have much larger lots, so it has been easier for them to meet the impervious surface requirements because they have much more room to work with. He stated that he thinks their lot size is unique and doesn’t think the accommodations they are seeking from the City are unreasonable and feels their plans will improve the aesthetics of the neighborhood. Commissioner Davis suggested making the side porch only 5 feet wide since it will primarily be used as a walkway. Ms. Thesingh stated that they were trying to match it up to the existing deck and use the existing footings and doesn’t think this change would get the needed 49 square feet. Commissioner Reidel suggested that perhaps they could demolish about six feet of the existing concrete patio and install plantings. Eggenberger moved, Davis seconded, to recommend approval for the variance request for setbacks at 28015 Woodside Road. Motion passed 4/0 . Commissioner Eggenberger stated that he believes the applicants have really done a lot of work to try to meet the impervious surface requirements. He stated that he likes that they made the drainage area to help with water runoff. He stated that he will vote to approve the variance request. Eggenberger moved, Davis seconded, to recommend approval for the variance request for impervious surface at 28015 Woodside Road . Chair Maddy noted that looking at the landscaping and the 216 square feet of impervious surface that was already removed they are moving towards being more conforming. Motion passed 3/1 (Reidel). Director Darling noted that this will come before the Council on December 10, 2018. B. SETBACK VARIANCE FOR AN INGROUND SWIMMING POOL Applicant: Tim and Sally Butler Location: 6035 Spruce Hill Court Director Darling explained that this request is for a fourteen-foot setback for a patio and a twenty-foot setback for a pool. She reviewed the zoning criteria for granting a variance and noted that staff finds they have not met the tests for practical difficulty and are recommending denial of the variance request. Tim Butler, 6035 Spruce Hill Court, noted that they had moved to the City about a year and a half ago and he did not think to read all the zoning rules and policies before they purchased the home. He stated that his CITY OF SHOREWOOD PLANNING COMMISSION MEETING NOVEMBER 20, 2018 Page 4 of 5 family would really like to have a pool and the location they are proposing makes it not visible to anyone from the street because it is directly behind the house and noted that there is also a lot of tree cover. He noted that he didn’t think that the pool would have a negative impact on the aesthetics or the property value of the nearby properties and thinks having a pool in his backyard is a reasonable request. Commissioner Reidel clarified that Mr. Butler was asking for a 20 x 44-foot swimming pool and asked whether he had considered a smaller pool. Mr. Butler stated that he had briefly considered a small swim spa type pool but they have a lot of kids and ultimately decided a pool that size would not be the best fit. Aaron Lutz, stated that he is a resident but also a pool contractor and noted that the well is in the side yard, so that location would also not be possible. Commissioner Davis asked if the green space buffer Mr. Butler referred to as part of the Minnetonka Country Club was secure and no one would ever develop in that area. Director Darling noted that it is not secure, there is a drainage and utility easement in place. She showed lots that could have homes built on them as part of the Minnetonka Country Club development. Commissioner Reidel stated that there is nothing unreasonable about wanting a pool, he just is not sure it fits on this lot and this variance request is significant. Reidel moved, Davis seconded to recommend denial of the setback variance request for a pool at 6035 Spruce Hill Court. Motion passed 4/0. Director Darling noted that this will be on the Council agenda for December 10, 2018. Mr. Lutz asked for clarification that the denial was because of the size of the pool. Commissioner Reidel clarified that it was not necessarily the size, just that a pool doesn’t fit this lot. Ms. Butler stated that their lot is almost an acre and doesn’t have a home in site and the setback requirements in the City are much more than surrounding cities. Commissioner Reidel suggested they consider moving their well and locating the pool in the side yard. Ms. Butler stated that their original proposal has the pool behind the house so nobody driving by can see it and putting in the side yard allows everyone to see it. Chair Maddy noted that the Planning Commission has to treat everyone the same and noted that they are just a recommending body and the Council will make the ultimate decision. Applicant: Richard Denman Location: 5865 Glencoe Road Director Darling noted that in August, the Planning Commission had recommended approval of a lot division and setback variances to allow a new home to be constructed on the south half of the property. She explained that some of the plans indicated a rectangular screened porch and some indicated a square screened porch. She stated that the staff report showed a 10x13 porch and the applicant requested a 12 x 12 porch and at the time of the meeting, she didn’t realize that the Planning Commission and the applicant were referencing two different sized layouts. She explained that the staff recommendation would not have CITY OF SHOREWOOD PLANNING COMMISSION MEETING NOVEMBER 20, 2018 Page 5 of 5 changed based on the different sizes and noted that before sending the final resolution to the Council, she wanted to make sure that the Planning Commission recommendation also would not have changed. She reminded the Commission that their original vote on this variance from August 28, 2018 was three in favor, one opposed. Chair Maddy stated that he was not present at the meeting and asked for a brief overview of the discussion about why this was not considered self-created. Director Darling gave an overview of the discussion and the setback requirements in the area. Eggenberger moved, Davis seconded, to recommend approval of the revised setback variance request for the property located at 5865 Glencoe Road. Motion passed 4/0. 5. MATTERS FROM THE FLOOR - None 6. REPORTS • Council Meeting Council Liaison Johnson reported on matters considered and actions taken during Council’s November 13, 2018, meeting (as detailed in the minutes for that meeting). • Draft Next Meeting Agenda Director Darling stated at the next meeting there is a minor subdivision and a PUD application. • Commissioner’s Terms Expiring Director Darling stated that there are two commissioners (Maddy and Davis) whose term is expiring and noted that she had included an application in the packet with the hopes that they will resubmit to serve on the Commission. She stated that the City will be advertising the openings and the Council will consider all applications. • Update Liaison Schedule Director Darling asked for volunteers to serve as liaison for the next few months at the Council meetings. December – Eggenberger January – Davis February – Eggenberger March – Gorham April – Reidel May - Maddy 7. ADJOURNMENT Reidel moved, Davis seconded, adjourning the Planning Commission Meeting of November 20, 2018, at 8:36 P.M. Motion passed 4/0.