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07-02-19 Planning Commission MinutesCITY OF SHOREWOOD PLANNING COMMISSION MEETING TUESDAY, JULY 2, 2019 MINUTES CALL TO ORDER Chair Maddy called the meeting to order at 7:09 P.M. ROLL CALL COUNCIL CHAMBERS 5755 COUNTRY CLUB ROAD 7:00 P.M. Present: Chair Maddy; Commissioners Gorham, and Gault; Planning Director Darling; and, Council Liaison Siakel Absent: Commissioners Eggenberger and Riedel 1. APPROVAL OF AGENDA Chair Maddy noted that the application for a minor subdivision at 5965 Grant Street was continued to this meeting and asked why it was not included on the agenda. Planning Director Darling explained that the applicant has withdrawn their application and sold the property to the City. Gorham moved, Gault seconded, approving the agenda for July 7, 2019, as presented. Motion passed 3/0. 2. APPROVAL OF MINUTES June 4, 2019 Gorham moved, Gault seconded, approving the Planning Commission Meeting Minutes of June 4, 2019, as presented. Motion passed 3/0. 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 — ZONING CODE TEXT AMENDMENT REGARDING SECTION 1201.03, SUBD 2.D. TO REMOVE REQUIREMENT OF A C.U.P. FOR SOME ACCESSORY STRUCTURES Planning Director Darling gave a brief overview of the draft ordinance that removes the requirement for a Conditional Use Permit (C.U.P) for accessory structures that are over 1,200 or 1,000 square feet, depending on the zoning district. She noted that that standards would be the same and gave examples of situations where a CUP would still be needed. She stated that staff has also recommended some general clean -up of the language and information in the CITY OF SHOREWOOD PLANNING COMMISSION MEETING July 2, 2019 Page 2 of 4 ordinance. She stated that she neglected to include language from reference section 1201.03, Subd 4.C., in the packet but had distributed it prior to the meeting. Commissioner Gorham asked if the requirements from Sec. 1201.03, Subd. 4.C. would require an extra consultant or involvement of an engineer. Planning Director Darling stated that sometimes it will involve an extra consultant. She stated that there have been times where the applicants do not want to go to the excess expense of, for example, providing a drainage plan, and will change the plans to reduce the impervious surface on the property so one is not required. Commissioner Gault asked if this ordinance is amended to allow for an increase in the size of the accessory buildings, if Planning Director Darling foresees the City running into another limitation, such as the amount of impervious surface. Planning Director Darling stated that there could be but noted that it could also happen with a C.U.P. She stated that this ordinance does not obligate the City to approve a variance but to simply work together with the applicant. Commissioner Gorham asked if someone applied for a building permit for a larger accessory structure if there would need to be a civil engineer looking at run off and an architect for the structure itself. Planning Director Darling explained that an architect is not required for residential projects, but noted that most people work with a design build company or an architect. She noted that for smaller projects, people can work with a landscape company rather than a civil engineer. Chair Maddy stated that he felt the language in 4.E. is subjective and asked if staff was comfortable making the determination if something was "consistent ". Planning Director Darling stated that she is comfortable determining if a building has consistent architecture with the existing structure. Commissioner Gault asked for clarification of the new item 4.F. Planning Director Darling explained that this point was referring to situations where there is an exception and the existing structure will not be required to be taken down, such as a 100 -year- old barn that adds character to the property. Commissioner Gorham stated that he feels there is still some language that isn't totally clear about what the process is if applicants will not need a C.U.P., but noted that he doesn't have the context of the full code like staff does. He suggested that perhaps some of this language be cleaned up when referring to a building permit, so it is easier to understand. Planning Director Darling stated that she can take a closer look and clean this section up. Chair Maddy asked if it would be possible to add to an accessory structure without a building permit. Planning Director Darling stated that a different section of the code defines when a building permit is needed. CITY OF SHOREWOOD PLANNING COMMISSION MEETING July 2, 2019 Page 3 of 4 Commissioner Gorham stated that D.1 through DA is all about defining what is and isn't allowed and then it gets to 4.0 and it lists all the things the applicant has to do. He stated that in his opinion, this section is not literal enough. Commissioner Gault stated that he agrees with Commissioner Gorham because it appears as though there are more requirements when you get to this section. Commissioner Gorham asked if his interpretation of the language was too sophomoric and whether Planning Director Darling thought it should be left alone. Planning Director Darling stated that she can pull out each instance where there is a C.U.P. and pull out what is allowed, and put it in a separate section, if the Commission would like. Commissioner Gorham stated that he did not think that would be necessary but suggested doing something more simple for 4.C, such as, "for a building permit, the applicant shall provide the following:" to clarify that it has moved away from a C.U.P and making it clear that 4.C, 4.D, 4.E, and 4F, are all talking about building permits and not the C.U.P. Planning Director Darling stated that she will take a closer look at the language in this section and see if it can be more clearly defined for the applicants. Chair Maddy stated that wasn't sure if the question of whether an accessory structure can be put up without a permit was ever answered. Planning Director Darling explained that a structure could not be put up without a permit because it would either require a zoning permit or a building permit. Chair Maddy opened the Public Hearing at 7:27 P.M. There being no public comment, Chair Maddy closed the Public Hearing. Gorham moved, Gault seconded, recommending approval of the proposed amendments to Section 1201.03, Subd 2.D. to Remove Requirements of a C.U.P. for some Accessory Structures, subject to Planning Director Darling providing language revisions to clarify where the ordinance is referring to C.U.P. and when it is referring to building permits regarding the application. Motion passed 3/0. 4. OTHER BUSINESS - NONE 5. MATTERS FROM THE FLOOR - NONE 6. REPORTS Liaison to Council Council Liaison Siakel reported on matters considered and actions taken during Council's June 24, 2019, meeting (as detailed in the minutes for that meeting). She noted that the Council representation switches every six months so she will be the liaison for the remainder of the year. • Draft Next Meeting Agenda Director Darling stated there is an application for a variance to redevelop a non - conforming lot slated for the August 6, 2019, Planning Commission meeting. CITY OF SHOREWOOD PLANNING COMMISSION MEETING July 2, 2019 Page 4 of 4 Chair Maddy suggested that the Commission determine the representatives for the upcoming Council Meetings. July — Commissioner Gault August — Commissioner Gorham 7. ADJOURNMENT Gorham moved, Gault seconded, adjourning the Planning Commission Meeting of July 2, 2019, at 7:39 P.M. Motion passed 3/0.