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03-05-19 Planning Commission MinutesCITY OF SHOREWOOD PLANNING COMMISSION MEETING TUESDAY, MARCH 5, 2019 MINUTES CALL TO ORDER Chair Maddy called the meeting to order at 7:01 P.M. ROLL CALL COUNCIL CHAMBERS 5755 COUNTRY CLUB ROAD 7:00 P.M. Present: Chair Maddy; Commissioners Gault, Eggenberger, Gorham and Riedel; Planning Director Darling; and, Council Liaison Johnson Absent: None 1. APPROVAL OF AGENDA Riedel moved, Gault seconded, approving the agenda for March 5, 2019, as presented. Motion passed 5/0. 2. APPROVAL OF MINUTES February 5, 2019 Riedel moved, Gorham seconded, approving the Planning Commission Meeting Minutes of February 5, 2019, as presented. Motion passed 5/0. 3. PUBLIC HEARINGS - NONE 4. OTHER BUSINESS A. Setback Variances for an Inground Swimming Pool and Patio (Referred back from City Council at their January 14, 2019 meeting) Applicant: Tim and Sally Butler Location: 6035 Spruce Hill Court Planning Director Darling explained that this item is back before the Planning Commission because the Council had reviewed the request and sent it back to the Commission. She explained that the Council wanted to know if the recommendation from the Commission would have been different in light of new information that was not available the first time it was presented to the Commission. She gave an overview of the variance requests for setback distances from the applicants. She noted that the new information includes; the seventy foot drainage and utility easement along the rear if the adjacent property to the north; the fact that Lennar Homes is not willing to sell the applicant land in order to meet the setbacks; that Lennar Homes has also submitted a letter indicating that they have no objection to the approval of the variances to allow the pool to be constructed in this location; and a letter from the pool contractor indicating that a four -foot concrete apron is needed. Commissioner Riedel confirmed with Planning Director Darling that there had been no changes to the application and this was being brought back to the Commission because of the new information. CITY OF SHOREWOOD PLANNING COMMISSION MEETING MARCH 5, 2019 Page 2 of 8 Planning Director Darling noted that the applicants had submitted a PowerPoint presentation that included the support from their neighbors for this variance request. Commissioner Eggenberger asked which home belonged to the Aharts at 6090 Spruce Hill Court. Planning Director Darling pointed out the home from the aerial photographs. Commissioner Gorham asked about the discussion at the Council meeting about the definitions from the League of Minnesota Cities. He noted that the City Attorney had weighed in at the Council meeting and asked if there was additional information the Commission should consider surrounding the definitions. Planning Director Darling suggested that the Commission walk through each of the criteria again. Commissioner Riedel asked if the differing definitions were between "practical difficulties" and "hardship ". Planning Director Darling stated that is correct, but noted that the definition has not changed since the first time the Commission reviewed this application. She noted that she believes it was changed in 2012 or 2013. She outlined the conditions for allowing a variance. Tim Butler, 6035 Spruce Hill Court, apologized for the excessive amount of data he provided in the PowerPoint, but he had done a lot of research and wanted to include it. He stated that the term "reasonable use" may need some realignment from the Planning Commission. He noted that included in the previous recommendation was that they felt the property owner already has reasonable use of the property so it did not meet that condition. He stated that based on his research with the League of Minnesota Cities that is not the correct application of the reasonable use factor. He stated that his interpretation is that it should not consider the current use of the property but whether the request would be considered an unreasonable use. Commissioner Riedel stated that he thinks what will be pivotal to this discussion is whether the practical difficulty is unique to the property. Mr. Butler stated that having a seventy -foot drainage and utility easement behind his property makes it unique because of the shape of the lot, the house location and the fact that it is fully wooded and will not be visible for six or seven months out of the year. Commissioner Riedel stated that those, to him, are justifications as to why the variance may have less of an impact. Mr. Butler stated that he does not recall the discussion of "uniqueness" for the original reasons the Planning Commission recommended denial and asked if someone could point it out in the staff report. Commissioner Riedel read aloud a portion of the section on practical difficulties and the three factors to be met. Mr. Butler stated that he would need a minute to respond because the recommendation that was sent to the Council did not include that language. CITY OF SHOREWOOD PLANNING COMMISSION MEETING MARCH 5, 2019 Page 3 of 8 Planning Director Darling reviewed the long version of the conditions of practical difficulties that are included in the code. She noted that there is some subjectivity included in the criteria and gave examples of how it can be used. Commissioner Gault asked about the site of the pool and noted that the contractor says a four - foot apron is needed around the pool but also there is an eight -foot apron on the house side of the pool. He asked if both the four- and eight -foot aprons are necessary for the enjoyment of the pool. Mr. Butler stated that the contractor is not present tonight, but his understanding is that the four - foot apron will be necessary for the automatic pool cover. He explained the reason for the eight -foot apron near the house is for safety reasons and is primarily to prevent small children from jumping from the deck into the pool. Commissioner Gault stated that if the aprons could be reduced, that makes the variance asked for smaller which may make it easier for the Commission to consider. He stated that the enjoyment of a pool is not driven by an automatic cover rather than a manual cover. Mr. Butler stated that he realizes it is subjective, but he feels that he would enjoy the pool more with an automatic cover especially for the safety of his children when no adult is present. Commissioner Riedel asked what type of patio was being asked for. Mr. Butler stated that they are proposing five feet on the north side, ten feet on the east side, but he was not sure of the patio sized on the other side. Chair Maddy stated that the drawings the Commission has show five feet to the north, eight feet to the south and twelve feet on the east and west sides. Mr. Butler stated that he feels it is reasonable to want to put patio furniture on the patio near the pool. He noted that there was research included in the PowerPoint presentation regarding the amount of space needed to safely walk around patio furniture. Commissioner Riedel asked why moving the well would not be an option. Mr. Butler stated that even if the well would be moved, there would still need to be a variance for the setback for the patio. Commissioner Riedel stated that he would like to know why a smaller pool could not fit within the setback requirements in the northeast corner of the property. Mr. Butler stated that he and his wife have four children and putting in a smaller pool or swim spa would not work for their sized family. Commissioner Gault stated that putting a pool in the northeast corner looks like it may have more impact on the neighbor, as well. Mr. Butler stated that, visibility wise, it would have much more of an impact in that location. He stated that their proposed location makes it the least visible to their neighbors. Chair Maddy reviewed the criteria for considering a variance CITY OF SHOREWOOD PLANNING COMMISSION MEETING MARCH 5, 2019 Page 4 of 8 The Commission discussed the ordinance and the required amount of concrete around the pool Planning Director Darling read aloud from the ordinance about pool construction and decking and patio. She stated that the ordinance exempts the pool apron but noted that there is a conflict between the zoning ordinance and the building code. Chair Maddy confirmed that the required three -foot concrete apron is not considered part of the patio. He asked whether the Commission felt that the practical difficulties and the variance request is unique to the property and not created by the property owner. Commissioner Gault stated that there is no place on the property that a similar pool could be placed without running into setback issues. He stated that he is willing to consider this because of the easement on the back of the property. Chair Maddy noted that there is essentially an eighty -foot drainage easement behind this property that nobody will build on, so the proposed pool may meet the essential character condition. Commissioner Riedel stated that the code does not say a variance can be granted because the property is unique, it states that it can be granted if the practical difficulty is unique. He stated that a drainage and utility buffer on the backside of a property is not a practical difficulty but is a feature that mitigates the impact of the variance. He noted that he understands that this is all subjective. Commissioner Gorham agreed that the new information does not shed any new light on the situation, but does lessen the impact. He stated that to him, this is an amenity and he essentially agrees with Commissioner Riedel. Commissioner Riedel stated that he wanted to counter his own argument and agrees that the lot is a funky shape. He stated that the strongest argument for practical difficulty is because of the irregularly shaped lot that has the long strip of unusable land. Commissioner Eggenberger stated that the applicants are proposing a pool in a secluded area behind the house, the property behind it has no problems with it, and it is heavily wooded. He stated that he does not see a problem with granting the variance. Commissioner Gault noted that the lot behind Mr. Butler's property has been sold. Planning Commissioner Darling noted that Lennar Homes will be the property owner until the house is built. Chair Maddy stated that building a smaller pool in the front of side yard would alter the character of the neighborhood and would not require a variance. He stated that to look at this another way, their proposed plan that requires a variance, is actually keeping the essential character of the neighborhood. Eggenberger moved, Gault seconded, to recommend the City Council approve of the request for Setback Variances for an Inground Swimming Pool and Patio for Tim and Sally Butler located 6035 Spruce Hill Court, with conditions A, B and to modify C to limit the north side apron to 36 inches, all as outlined by staff. Motion passed 3/2 (Riedel and Gorham). CITY OF SHOREWOOD PLANNING COMMISSION MEETING MARCH 5, 2019 Page 5 of 8 B. Lot Line Rearrangement and Lot Area Variance Applicant: David Boike and Chadd Schurr Location: 25875 Valleywood Lane and 5550 Meadowview Road Planning Director Darling explained that the property owners are requesting a property exchange to correct property line encroachment and title issues. She stated that the property owners at 5550 Meadowview Road constructed a new home and their surveyor found that the neighbors sport court was constructed over the lot line. She stated that the two property owners decided to correct the situation by exchanging some land. She noted that the surveyor also found that both property owners were claiming a strip of the land as their own, which is a title situation. She stated that this land exchange will also correct the title issue. She explained that a variance would be required because one parcel will be decreasing in size and currently does not meet the requirements for lot area. She stated that the variance criteria are a bit different because the properties are under the subdivision ordinance. She briefly reviewed the criteria for granting the variance in a subdivision ordinance. Staff recommends approval of the lot line adjustment and to grant the variance to lot area. Tasha Francis and Chadd Schurr, 5550 Meadowview Road, noted that they had explored trying to resolve this through their title insurance, but they basically told them to resolve it on their own. She stated that they have just been trying to work with the Boikes to resolve this because their sport court and their deck encroaches on the property line. She stated that they have no problem with the variance request for the property. Planning Director Darling noted that if the City approves this, the deck will be conforming. Commissioner Riedel commended the homeowners for working together amicably and coming up with a solution. Riedel moved, Eggenberger seconded, to recommend the City Council approve the Lot Line Rearrangement and Lot Area Variance for David Boike and Chadd Schurr located at 25875 Valleywood Lane and 5550 Meadowview Road, to approve the lot line adjustment affecting both properties, grant the variance to lot area for the property at 25875 Valleywood Lane, subject to applicant's submission of executed 10 -foot drainage and utility easements. Mr. Schurr asked for an explanation of the 10 -foot drainage and utility easement and how that effects their newly constructed home. Planning Director Darling gave a brief explanation of the City requirements for the perimeter of both lots to have a 10 -foot drainage and utility easement. Motion passed 5/0. C. Minor Subdivision Applicant: Melanie Hermann Location: 24775 Glen Road Planning Director Darling explained that the property was originally created as two separate lots and at some point, were consolidated. She stated that the property owner recently demolished the existing home and pool and received a building permit to construct one new home on the west side of the lot. She stated that the applicant is requesting a subdivision of the lot back into two lots. She reviewed some of the wetland delineation and wetland buffer conditions and CITY OF SHOREWOOD PLANNING COMMISSION MEETING MARCH 5, 2019 Page 6 of 8 noted that the stormwater runoff drainage pattern will change which may require a rain garden to manage the change. Staff is recommending approval with the conditions as outlined in the staff report. Melanie Hermann, 24775 Glen Road, stated that she wants to preserve as many of the trees as possible to preserve the beauty of the lot. She stated that there are options for a rain garden or drain tile to mitigate the impact of the run off. Bruce Gamich, 2361 Crescent Avenue, Mendota Heights, stated that he was a friend of Ms. Hermann's and pointed out the elevation on the lot. Ms. Hermann stated that she is fine with the conditions staff has outlined. Gorham moved, Eggenberger seconded, to recommend the City Council approve the Minor Subdivision for Melanie Hermann at 24775 Glen Road, subject to conditions listed in staff report. Motion passed 5/0. D. Discuss Potential Amendments to Lighting Ordinance Planning Director Darling noted that at the January 15, 2019 meeting, a resident spoke during the "Matters from the Floor" portion of the meeting regarding concerns about lighting on the adjacent property. She noted that this property owner had submitted some ideas for potential code amendments for the City to consider with regard to lighting. She noted that she had summarized the research from other community ordinances in the staff report. She stated that she recommends at least updating the nuisance lighting portion of the ordinance, and limiting the lighting that can be used to illuminate a sign, but does not recommend making a restriction on holiday lighting because of First Amendment concerns. Commissioner Eggenberger stated that he would like to table this discussion until the May meeting to allow for time to study the information she had gathered. Planning Director Darling noted that she is not looking for a particular code amendment but would like some comments and opinions from the Commission as to whether the Lighting Ordinance needs updating. She explained that she would just like feedback on areas where the Commission would like to see her improve the code. Cindy Marr, 1615 Chaska Road, stated that what she would like to see a timing element added to the code for the extra lights that Shorewood Landing has and gave the example of them having to be turned off at 11:00 p.m. She stated that there are 28 balconies from this building looking at her yard that could all have Christmas lights. She noted that she has no problem with Christmas lighting, but is concerned about the timing and the duration. She reiterated the problem with their sign lighting blocking her vision when she is in her driveway. Commissioner Gorham stated that hooded spotlights should be included in the ordinance. Commissioner Riedel stated that he would like to see the code be made so it is simple, clear, and more objective rather than subjective. Chair Maddy stated that he would like to see light not shine off of any properties and stay on their own. CITY OF SHOREWOOD PLANNING COMMISSION MEETING MARCH 5, 2019 Page 7 of 8 Ms. Marr stated that the Shorewood Landing has put lighting along the top of their building and that is not Christmas lighting. Chair Maddy explained that the Commission is just talking about the lighting ordinance as a whole and not just looking at Shorewood Landing. Commissioner Gault stated that he feels holiday lighting could have some regulations in order to help people respect their neighbor, similar to the noise ordinance that has certain levels of decibels allowed overnight. Planning Director Darling stated that the City would have to be very careful how the language was crafted in order not to infringe on First Amendment rights. Commissioner Eggenberger stated that he would like to see language that requires hooded lighting. Commissioner Riedel stated that he was uncomfortable restricting timing of lights. The Commission discussed areas of the code that they would like to see addressed in the code such as; uplight, glare, intensity, max lumens, and commercial lighting levels. E. 2019 Planning Commission Schedule and Work Program Eggenberger moved, Gorham seconded, to nominate Dustin Maddy to serve as Chair and Mark Riedel to serve as Vice - Chair. Motion passed 5/0. Chair Maddy asked if there was anything anybody would like to change on the 2019 Schedule and Work Program. Commissioner Gault will handle the Council update in June and Commissioner Eggenberger will handle the Council update in in July. 5. MATTERS FROM THE FLOOR - NONE 6. REPORTS • Council Meeting Report Council Liaison Labadie reported on matters considered and actions taken during Council's February 25, 2019, meeting (as detailed in the minutes for that meeting). She stated that there was also a Mayor's Forum held recently at the Shorewood Event and Community Center with the local mayors. She stated that it was well attended and she stepped in because Mayor Zerby could not attend. She highlighted a few of the questions that were asked by the residents and some of the discussion from the event. She noted that LMCC filmed the event and it will be available to be watched at a later date. • Draft Next Meeting Agenda Planning Director Darling stated that at the next meeting there will be a development agreement and a home occupation request. CITY OF SHOREWOOD PLANNING COMMISSION MEETING MARCH 5, 2019 Page 8 of 8 Commissioner Eggenberger noted that he will not be able to attend the April 2, 2019 Commission Meeting. • Census 2020 Planning Director Darling stated that this is an informational item and noted the census will likely be sending out postcards as soon as March 12, 2019. She stated that it is important that as many people as possible complete the census because it determines funding and congressional representation. She noted that there are now on -line submission options to fill out the census forms. • Nest Planning Director Darling noted that there is maintenance that has to occur on the tower separate from the recent application to collocate and array on the existing monopole. She stated that they have received a permit from the DNR to remove the osprey nest if it is unoccupied. She stated that this did not mean that it is a permanent removal and thinks it is likely to be rebuilt. Planning Director Darling stated that if anyone on the Commission no longer wants to receive a paper packet for meetings, to let her know and she will only send the electronic version of the packet to them. Chair Maddy suggested that when there is a meeting that has a large packet that Planning Director Darling e-mail the Commission and ask if they would like to just receive it as an electronic packet. Commissioner Riedel suggested that it be up to Planning Director Darling's discretion to include links to pertinent information rather than hard copies of all documents. 7. ADJOURNMENT Riedel moved, Gorham seconded, adjourning the Planning Commission Meeting of March 5, 2019, at 9:03 P.M. Motion passed 5/0.