Loading...
12-03-2019 Planning Commission Minutes CITY OF SHOREWOOD COUNCIL CHAMBERS PLANNING COMMISSION MEETING 5755 COUNTRY CLUB ROAD TUESDAY, DECEMBER 3, 2019 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 Gorham and Gault; Planning Director Darling; and, Council Liaison Siakel Absent: Commissioners Riedel and Eggenberger 1. APPROVAL OF AGENDA Gorham moved, Gault seconded, approving the agenda for December 3, 2019, as presented. Motion passed 3/0. 2. APPROVAL OF MINUTES  October 22, 2019 Gorham moved, Gault seconded, approving the Planning Commission Meeting Minutes of October 22, 2019, as presented. Motion passed 3/0. 3. PUBLIC HEARINGS - NONE 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 – WALNUT HILL – COMPREHENSIVE PLAN AMENDMENT; REZONE TO R-1C; PRELIMINARY AND FINAL PLATS Applicant: Debra Hunt Location: 24340 Yellowstone Trail Planning Director Darling gave an overview of the application regarding 24340 Yellowstone Trail. She explained that the application is to subdivide the property into two lots to allow for the construction of one additional single family home. She stated that the applicant has also applied to change the Comprehensive Plan’s land use plan from minimum density residential to low density residential. She explained that staff is not recommending approval of the Comprehensive Plan land use amendment for just the applicant property and had encouraged the applicant to speak with the neighboring properties to join this application. She stated that because staff does not recommend this change, they also cannot support the rezoning request because it would allow for development that would be inconsistent with the land use plan. She stated that this also CITY OF SHOREWOOD PLANNING COMMISSION MEETING December 3, 2019 Page 2 of 6 means that staff cannot support the subdivision request because it needs to be consistent with both the zoning district and Comprehensive Plan. She stated that the City has received two letters regarding this application, one expressing concern and the other indicating support. Commissioner Gorham stated that staff had indicated that they would encourage the property owner to apply for the Comprehensive Plan amendment as a larger group and asked how many property owners would be necessary for the City to consider changing a larger area of land use. Planning Director Darling stated that they have asked residents to work with their surrounding neighborhood, a specific number is not required. Commissioner Gorham asked whether it would be asking for the whole street in this instance. Planning Director Darling stated that it would be a few of the surrounding parcels, and at a minimum, the property to the west and a few properties surrounding it. She stated that the property owner can speak to the question of who they contacted in the neighborhood. She noted that the properties to the south are all zoned R-1C and the properties on the north and east are zoned R-1A. She stated that there is one other parcel across the street to the west that has also been guided for the minimum density for the land use. Sarah Bennett, attorney for Debra Hunt, the applicant, appeared and explained that Ms. Hunt currently lives in California and is the trustee for her father, Marvin Boote. She explained that Mr. Boote has owned this property since 1960 and is now 93 and has moved to California to be with his daughter. She stated that she disagrees that allowing this change would change the character of the neighborhood because much of the area is already zoned R-1C and would only require a map amendment in the Comprehensive Plan. She noted that a tree preservation plan was submitted as part of this application so they will not interfere in the natural landscape in the area. Commissioner Gorham asked about her distinction between a text amendment and a map amendment on the Comprehensive Plan. Ms. Bennett explained that she did not see anything when she was reading the Comprehensive Plan that would require a text amendment. She stated that this amendment would not try to thwart any of the policy objectives in the Plan. She stated that she understands Planning Director Darling’s argument for the City having a consistent approach to this type of application, but would ask whether this application really interferes or takes away from the goals of the Comprehensive Plan. Commissioner Gorham asked why Ms. Bennett thinks this situation is unique and would not set a precedent. Ms. Bennett stated that she believes the City needs to take a look at the properties in the surrounding areas as well. She stated that they contacted some of the neighbors regarding the Comprehensive Plan amendment. She explained that one submitted comments in opposition and one has submitted comments in support. She stated that, to her knowledge, the rest of the neighbors are not opposed to the amendment, but do not see any practical benefit for themselves at this time. Commissioner Gault stated that it appears as though the only reason the current property owners want to make this change is for financial gain. He stated that he does not like the idea of spot zoning. CITY OF SHOREWOOD PLANNING COMMISSION MEETING December 3, 2019 Page 3 of 6 Ms. Bennett stated that there is someone interested in purchasing the property. She stated that if this is rezoned, they would hope that some of the surrounding properties would also rezone in the future, but if they do not, she does not believe that it will be inconsistent with the entire surrounding area. She stated that she does not see this change sticking out like a sore thumb. Chair Maddy opened the Public Hearing at 7:32 P.M. noting the procedures used in a Public Hearing. Ed Hasek, 24315 Yellowstone Trail, stated that he has lived here for 28 years. He stated that he spoke with most of the surrounding neighbors on behalf of Mr. Boote. He stated that seven of the properties stated that they did not care if this was done, but did not want to participate in the process. He noted that the lots around them are not able to be subdivided because they are either too narrow or too small. He reiterated that the neighbors do not oppose the subdivision. He stated that if this lot were subdivided it would help the City pay the infrastructure costs for the water in the area. He stated that if approved, there would be financial gains for the City as well as the property owner. He stated that he does not think the potential financial gains is reason for the City to deny this request. Commissioner Gault asked why the neighbors that did not oppose this request didn’t submit a letter explaining their position. Mr. Hasek stated that he knows that one neighbor did not oppose the plans, but had problems with the Boote’s in the past with relation to dogs, so he would not submit a letter. He stated that he was unsure they the others did not submit a letter. There being no additional comment, Chair Maddy closed the Public Testimony portion of the Public Hearing at 7:40 P.M. Chair Maddy explained that the City needs to apply the standards and policies uniformly and consistently. Commissioner Gault stated that he does not support doing the spot zoning that is proposed. Gorham moved, Gault seconded, recommending the Council deny the request by Debra Hunt, 24340 Yellowstone Trail, for a Comprehensive Plan Amendment, Rezone to R-1C and Preliminary and Final Plats. Motion passed 3/0. Planning Director Darling noted that this item will come before the Council on January 13, 2020. B. PUBLIC HEARING – MATTHEW SAYER – PRELIMINARY PLAT AND LOT WIDTH AND AREA VARIANCES Applicant: Sathre-Bergquist, Inc. Location: 20325 Excelsior Boulevard Planning Director Darling stated that the applicant proposes to subdivide the parcel and build two, two-family dwellings with each half of the townhome being on its own lot. She noted that the applicant has indicated that they are not quite ready to move forward and have requested additional time to complete their paperwork. Staff recommends that the Planning Commission open the public hearing and continue it to a future date. Chair Maddy opened the Public Testimony portion of the Public Hearing at 7:49 p.m. CITY OF SHOREWOOD PLANNING COMMISSION MEETING December 3, 2019 Page 4 of 6 Gorham moved, Gault seconded to continue the Public Hearing for the Preliminary Plat and Variances requested by Sathre-Bergquist, Inc., for property located at 20325 Excelsior Boulevard, until January 7, 2020. Motion passed 3/0. 4. OTHER BUSINESS MINOR SUBDIVISION AND LOT AREA VARIANCES Applicant: Lake West Development, LLC Location: 24845 Smithtown Road Planning Director Darling stated that the applicant is proposing to remove the existing buildings and subdivide the property into two lots that would access Club Lane. She stated that because of the right-of-way dedications and easements, the lots are slightly smaller than allowed which is why staff is recommending approval of the variances proposed subject to the conditions as listed in the report. Commissioner Gorham asked if the neighborhood had been contacted regarding these plans. Planning Director Darling stated that all property owners within 500 feet were notified. Commissioner Gault asked if a variance would be required without the roadway easements they are providing to the City. Planning Director Darling stated that without the easements, they would have an adequate amount of land and would not need a variance. Curt Fretham, Lake West Development, appeared before the Commission. Chair Maddy opened public comment at 8:00 p.m. and there being no public comment, closed that portion of the meeting. Gault moved, Gorham seconded, to recommend the Council approve the Minor Subdivision and Lot Area Variances request by Lake West Development, LLC, with conditions as listed in the staff report for property located at 24845 Smithtown Road. Motion passed 3/0. Planning Director Darling noted that this will be on the Council agenda on December 9, 2019. Chair Maddy recessed the meeting at 8:01 p.m. and reconvened at 8:05 p.m. C. MINOR SUBDIVISION/COMBINATION (LOT LINE REARRANGEMENT) Applicant: Keenan & Sveiven, Inc. Location: 22425 Murray Street Planning Director Darling explained that this application is for a lot line adjustment between two properties that are owned by the same property owner. She noted that the requested change is to accommodate changes to the pool and accessory buildings and allow for additional impervious surface coverage. She stated that staff recommends approval subject to drainage and utility easement dedication. Chair Maddy asked whether the parcels are within the Shoreland District. CITY OF SHOREWOOD PLANNING COMMISSION MEETING December 3, 2019 Page 5 of 6 Planning Director Darling noted that the northerly portion of the lots would be part of the Shoreland District. Gault moved, Gorham seconded by to recommend approval of the request by Keenan & Sveiven, Inc. for a lot line rearrangement for the property at 22425 Murray Street, subject to the dedication of the drainage and utility easement. Motion passed 3/0. Planning Director Darling noted that this will be on the Council agenda for December 9, 2019. 5. MATTERS FROM THE FLOOR Chair Maddy noted that the Commission had received a letter reminding them of resident concerns regarding lighting near the Shorewood Landing facility. Planning Director Darling stated that the direction she received from the Commission was to look at lighting standards for commercial properties but was not given any direction for changes in code for holiday lighting. She stated that she will be looking at the commercial regulations and may have that ready for discussion at the January or February meetings. Councilmember Siakel asked if the City could make a simple phone call and ask that the lights be turned off by 11:00 p.m. or something to help accommodate the nearby residents. Planning Director Darling explained that she has been doing that for the last few years. 6. REPORTS • Liaison to Council Council Liaison Siakel reported on matters considered and actions taken during Council’s November 25, 2019, meeting and the Truth in Taxation meeting on December 2, 2019 (as detailed in the minutes for those meetings). Commissioner Gault asked if anything had happened surrounding the discussion of a new traffic study for access to Highway 7 with the intent of determining the possibility of lights at Eureka. Planning Director Darling explained that discussion was within the context of a review of a development application. She stated that if the application moves forward, the City can ask for the traffic study, but if there is a lower density proposal for this parcel, it may not be necessary. She noted that the elected officials were going to have a higher-level discussion with the appointed officials at MnDot on the needs in the area. Council Liaison Siakel gave a brief update on the request from Tonka Bay for the City to vacate their easement for their proposed apartment building near the Public Works facility. • Draft Next Meeting Agenda Planning Director Darling stated the request continued from tonight’s meeting for preliminary plat and lot width variances for Sathre-Bergquist for the property at 20325 Excelsior Boulevard is slated for the January 7, 2019, Planning Commission meeting. She stated that she also plans to work on some draft code amendments for discussion at this meeting. Council Liaison Schedule: CITY OF SHOREWOOD PLANNING COMMISSION MEETING December 3, 2019 Page 6 of 6 Commissioner Gault – January Chair Maddy – February 7. ADJOURNMENT Gault moved, Gorham seconded, adjourning the Planning Commission Meeting of December 3, 2019, at 8:28 P.M. Motion passed 3/0.