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04 21 2020 Planning Commission Minutes CITY OF SHOREWOOD COUNCIL CHAMBERS PLANNING COMMISSION MEETING 5755 COUNTRY CLUB ROAD TUESDAY, APRIL 21, 2020 7:00 P.M. MINUTES CALL TO ORDER Chair Maddy called the meeting to order at 7:00 P.M. Due to the Centers for Disease Control’s recommendation limiting the number of people present at a meeting, and pursuant to MN Statute 13D.02, the Shorewood Planning Commission meeting was held via electronic means. ROLL CALL Present: Chair Maddy; Commissioners Eggenberger, Gorham, Gault and Riedel; Planning Director Darling; Greg Lerud, City Administrator; Julie Moore, Communications and Recycling Coordinator; and Council Liaison Johnson Absent: None 1. APPROVAL OF AGENDA Riedel moved, Gault seconded, approving the agenda for April 21, 2020, as presented. Roll Call Vote: Gault, Gorham, Eggenberger, Riedel and Maddy - Voted Aye Motion passed 5/0. 2. APPROVAL OF MINUTES  February 4, 2020 Riedel moved, Gault seconded, approving the Planning Commission Meeting Minutes of February 4, 2020, as presented. Roll Call Vote: Gault, Gorham, Eggenberger, Riedel and Maddy - Voted Aye Motion passed 5/0. 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. CITY OF SHOREWOOD PLANNING COMMISSION MEETING APRIL 21, 2020 Page 2 of 9 A. PUBLIC HEARING – MATTHEW SAYER – PRELIMINARY PLAT, CONDITIONAL USE PERMIT AND VARIANCES Applicant: Sathre-Bergquist, Inc. Location: 20325 Excelsior Boulevard Planning Director Darling described the property and explained the various requests for the Preliminary Plat, Conditional Use Permit and Variances. The staff recommends approval subject to the conditions included in the staff report. She noted that she had received one letter from Tom Tolmo at 5290 St. Alban’s Bay Road and noted she had e-mailed it to the Commission earlier today. She explained that Mr. Tolmo expressed opposition to anything that is not currently allowed by the Zoning Ordinance. Commissioner Eggenberger asked if the lot lines going directly through the townhome property was common. Planning Director Darling stated that it is common for structures with multiple dwellings, such as twin-home or townhome properties. Commissioner Eggenberger asked if the encroachment agreement was just for the owner of Lot #4. Planning Director Darling stated that typically it would just be the one lot, but because of the retaining wall and its required maintenance, it can be assigned to the entire homeowner’s association. She noted that would be up to the applicant to decide. Commissioner Riedel asked about the total acreage for all the parcels because it appears that it would meet the requirement for R2A lot sizing. Planning Director Darling stated that the lot area would be a short of what they would need for R- 2A zoning. Chair Maddy asked how much the homeowner’s association (HOA) would be maintaining. Planning Director Darling stated that the HOA would be maintaining the retaining wall, the filtration basin, and the exterior of the units. Chair Maddy asked if there had been any thought to not having an HOA and putting the responsibility on individual property owners. He stated that he would like to avoid these homeowner’s not being aware of the maintenance requirements. Planning Director Darling stated that the City can add a requirement for notification to the initial property owners and have it disclosed in the HOA paperwork. Chair Maddy asked if there was a way to develop this land without a HOA. Planning Director Darling stated that it could be done by covenant. Commissioner Gorham asked to see where the townhomes would be located in relation to the rest of the neighborhood. CITY OF SHOREWOOD PLANNING COMMISSION MEETING APRIL 21, 2020 Page 3 of 9 Commissioner Riedel asked the applicant if he had considered building fewer than four homes on the property, such as a single-family home and a twin home because no lot size variances would be needed. Matt Sayer stated that he did consider that option, but chose this option because of the return on his investment. He noted that there are some pretty serious costs that will go into site preparation because of how it has been treated by the previous owner. He stated that there is a house that will need to come down and the rest of the property has been treated like a junk yard with a lot of material laying around. He noted that the center of the property has been kind of dug out and is full of things likes bikes and scrap metal. He stated that he also didn’t think it made a lot of sense to put a single-family home right next to a twin home on the same property. He stated that he felt it would be a lot more streamlined to put in twin homes and would give him the best return on his investment. Commissioner Riedel stated that he doesn’t feel the City should grant a variance if the primary motivation is economic, but everything Mr. Sayer said makes sense to him. Commissioner Eggenberger stated that he appreciates Mr. Sayer’s honesty and feels that the primary motivation of any development is financial in nature. The Commission discussed the lot shape and criteria for granting a variance. Chair Maddy opened the public hearing for comment at 7:33 p.m. Dave Roy, 20540 Excelsior Boulevard, stated that he lives very close to this development and generally supports it. He stated that he has question about the trees and the ecological environment the development will create. He asked about plans to preserve trees on the site. Planning Director Darling stated that the site is currently heavily wooded and there will be a lot of trees removed to allow for development and the filtration basin. She stated that there will be a total of 45 significant trees that will be removed and the applicant is proposing to replant 10 new trees. Mr. Roy stated that the loss of that many significant trees will be a great loss. Guy Sanschagrin, 27725 Island View Road, asked if there had been any feedback from the neighborhood. Chair Maddy stated that the City has received one letter expressing concern about the variances and the only other feedback has happened tonight at this meeting. Mr. Sanschagrin asked that the City make sure that the person that expressed concern is kept apprised of the resolution. He stated that he has looked at old aerial photos of this property and agrees that it looks like a junk yard and the plans to clean it up are a positive aspect of this development. Chair Maddy closed the public comment portion of the hearing at 7:38 p.m. The Commission discussed the application, the site restrictions, and the CUP. Commissioner Gault asked if Mr. Sayer had done soil samples of the property since he has found so much junk. CITY OF SHOREWOOD PLANNING COMMISSION MEETING APRIL 21, 2020 Page 4 of 9 Mr. Sayer stated that he has not done any soil samples and most of the junk was just miscellaneous metal and not old gas tanks or engine parts. Eggenberger moved, Gault seconded, recommending approval of the Preliminary Plat, Conditional Use Permit, and Variances to lot area as outlined in the staff report for the property located at 20325 Excelsior Boulevard, subject to the conditions as listed by staff, including that the HOA documents will be submitted to the City for approval as part of the Final Plat application. Roll Call Vote: Gault, Gorham, Eggenberger, Riedel and Maddy - Voted Aye Motion passed 5/0. 4. OTHER BUSINESS A. VARIANCE TO BUILD ON SUBSTANDARD LOT Applicant: Anne Joyce Location: 20505 Radisson Road Planning Director Darling explained that this request is to allow for re-development of a non- conforming lot because the lot area and lot width do not meet City requirements. She gave a brief overview of the general area and history of the property. She stated that the applicant is proposing to construct a new home and garage on the lot and reduce the amount of impervious surface. She reviewed the zoning regulations and practical difficulties and noted that staff finds the request to be consistent with the criteria and recommends approval. She noted that the proposed development will lessen the non-conformity of the lot to existing standards. She noted that staff is recommending approval subject to the condition that a construction management plan be submitted. She stated that the City received two letters from nearby property owners. Commissioner Riedel asked Planning Director Darling to comment on the former home being demolished as a controlled burn. Planning Director Darling explained that the former home was demolished as a controlled burn by the fire department as a training exercise. She noted that there was a video made of these exercise that was posted on the City’s website. The Commission discussed the ownership criteria for substandard lots and the ways the plans reduce the non-conformity of the lot. Anne Joyce commented on her plans and noted that this property is in close proximity to her family. Chair Maddy opened the public testimony at 8:04 p.m., there being no comments, he closed that portion of the meeting. Gorham moved, Riedel seconded, to recommend approval of the variance request to build on a substandard lot for the property located at 20505 Radisson Road, subject to the condition that the applicant will submit a construction management plan with their building permit application. CITY OF SHOREWOOD PLANNING COMMISSION MEETING APRIL 21, 2020 Page 5 of 9 Roll Call Vote: Gault, Gorham, Eggenberger, Riedel and Maddy - Voted Aye B. VARIANCE TO FRONT SETBACK Applicant: Clayton Tessness Location: 23100 Summit Avenue Planning Director Darling explained that this request is for the applicant to construct a home on the property seven feet from the front property line. She gave an overview of the background on this property and noted that it has very steep topography which is much of the reason for the variance request. She explained that staff finds the variance proposal meets the variance criteria and recommends approval. She noted that staff is proposing a conservation easement over the north side of the property. She stated that the City had received a letter from the property owner at 23110 Summit Avenue in support of the application. Commissioner Riedel asked Planning Director Darling to speak more to the City policy regarding bluff areas such as this that are outside the shoreland area. Planning Director Darling explained the overall grades of the property and the need for erosion control methods. The Commission discussed the other variances that have been granted in the area and the visual appeal of this proposed setback variance in comparison with the nearby homes. Planning Director Darling explained the right-of-way in front of this home and noted that some of the nearby homes were located in Shorewood and some were in Chanhassen. Clayton Tessness, 23100 Summit Avenue, stated that they tried to plan something that coincided with the others on the street. He noted that Matt Bauman (from the City’s Engineering Consultants) was the one that recommended moving the home five to seven feet from the front lot line because then it would coincide with the other homes in the area. He expressed his concern about the conservation easement requirement on the north side of his property. He gave the example of wanting to plant something that would make the hillside more stable and a conservation easement would not necessarily allow him to do that. The Commission discussed some of the details in the conservation easement, the erosion control measures and their impact on the easement. Planning Director Darling suggested that the Commission could continue this item to the next meeting to allow her time to put together more details regarding the conservation easement because they recommend approval. Mr. Tessness stated that he would like to continue moving forward and does not want to hold up progress. Chair Maddy suggested that Mr. Tessness work with Planning Director Darling on the details of the conservation easement before this item comes before the City Council. Chair Maddy opened the public testimony at 8:28 p.m., there being no comment, he closed this portion of the meeting. CITY OF SHOREWOOD PLANNING COMMISSION MEETING APRIL 21, 2020 Page 6 of 9 The Commission continued their discussion regarding the conservation easement provisions especially surrounding erosion control. Planning Director Darling noted that she thinks this item will need to come before the City Council on May 11, 2020 in order to have time to put together the details of the conservation easement. Mr. Tessness asked if this item would be able to go before the City Council on April 27, 2020 if everything was left alone and no changes were made to the conservation easement. Planning Director Darling stated that would be correct. Mr. Tessness stated that in order to keep this moving, he would like to leave it alone and noted that the conservation easement is written somewhat ambiguously. He stated that it appears as though the Commission understands and agrees with his concerns and reiterated that he would like to see this continue moving forward. Planning Director Darling noted that she typically drafts the easement language after approval. Gorham moved, Eggenberger seconded, to recommend approval of the setback variance request for the property located at 23100 Summit Avenue, subject to staff recommendations. Roll Call Vote: Gault, Gorham, Eggenberger, Riedel and Maddy - Voted Aye Chair Maddy recessed the meeting and reconvened at 8:45 C. MINOR SUBDIVISION Applicant: Affordable Housing, LLC Location: 25165 Glen Road Planning Director Darling stated that the applicant is proposing to subdivide the property into two lots and construct an additional home. She noted that the applicant recently constructed a new home on the south end of the property. She gave an overview of the background, history and details of the property. She stated that staff recommends approval. Commissioner Riedel asked about the possibility of there being burial grounds on the site. Planning Director Darling noted that she thinks it is unlikely that there will be burial mounds that have not already been discovered in the area, because of the past usage of the property. She reiterated that it is unlikely that something will be found even though there are burial mounds in the area. She explained that she had let the applicant know that if something is found that they will need to speak with cultural resources professionals. Commissioner Eggenberger asked about hooking up with City water. Planning Director Darling noted that the hooking up with City water is voluntary. Commissioner Gorham asked whether the City was doing an archeological survey. CITY OF SHOREWOOD PLANNING COMMISSION MEETING APRIL 21, 2020 Page 7 of 9 Planning Director Darling explained that the City is doing an archeological survey as part of the nearby road construction project. Commissioner Gorham asked for more details about the archeological survey and the results. City Engineer Budde explained that the archeological survey is mapping the known archeological and cultural resources that are out there and previously known and not to do additional exploration. He noted that it is possible the project scope will be adjusted in order to avoid these areas. He explained that this is just for the roadway and not the surrounding areas. He stated that he agreed with Planning Director Darling that it is unlikely that there will be any burial mounds found on this property because of the past use. Commissioner Gorham stated that he does not want the City to appear to be insensitive to the possibility and noted that it feels strange to approve the design with the possibility that this is still hanging out there. , Efim ShukalovichAffordable Housing, LLC, explained that he understands the cultural studies that are taking place in the area. He stated that he also feels it unlikely they will find anything on the property, but if they do, they will work with the appropriate cultural resources professionals. Chair Maddy opened the public testimony at 8:59 p.m., there being no comment, he closed the public testimony portion of the meeting. Riedel moved, Gault seconded, to recommend approval for the Minor Subdivision request for the property located at 25165 Glen Road, subject to the conditions as listed in the staff report. Roll Call Vote: Gault, Gorham, Eggenberger, Riedel and Maddy - Voted Aye D. MINOR SUBDIVISION Applicant: Sathre-Bergquist, Inc. Location: 5810 Club Lane Planning Director Darling explained that the applicant proposes to subdivide the property into two lots and construct a new home on the northerly parcel with no new construction proposed at this time on the southerly parcel. She gave an overview of the background and history of the lot and noted that staff recommends approval of the request. Commissioner Riedel asked about the existing home and its non-conformity. Planning Director Darling stated that the existing house is a conforming distance back from the existing right of way, but with the additional right-of-way that would be granted means the home would not meet the new setback requirements. Commissioner Gault asked if there had been any feedback or input from the neighboring property owners. Planning Director Darling stated that she has not received any letters. She noted that for minor subdivisions there is no particular notice requirement, but noted that she had spoken with a few property owners to let them know what is going on. CITY OF SHOREWOOD PLANNING COMMISSION MEETING APRIL 21, 2020 Page 8 of 9 Dr. Renee Lane, property owner, asked about the rain garden in the southwest corner. She stated that the back yard of that lot is heavily wooded and explained that she did not want to take down trees in order to put in pipes. She asked if they could trench part of this area and then carry the pipe down into the country club area in order to save the trees. City Engineer Budde stated that he believes it should be piped the entire way because as it gets onto the property near the catch basin, it is very steep and there is a strong potential for erosion. He also felt the pipes could be installed by directional bore rather than trenching. Dan Schmitt, Sathre-Bergquist, stated that they have gone out to identify the significant trees and have tried their best to create a plan that can work around them and miss most of the big trees. Commissioner Riedel asked for details on what the City considers significant trees. Planning Director Darling stated that for deciduous trees, significant trees are eight inches or larger and does not include willows, boxelders, and cottonwoods. Chair Maddy opened this item for public testimony at 9:16 p.m., there being no comment, he closed the public testimony portion of the meeting. Gault moved, Riedel seconded to recommend approval of the request for a minor subdivision for the property located at 5810 Club Lane, subject to the conditions as listed in the staff report. Roll Call Vote: Gault, Gorham, Eggenberger, Riedel and Maddy - Voted Aye E. ELECTION OF OFFICERS AND 2020 WORK PROGRAM Planning Director Darling stated that the staff report was incorrect and noted that Commissioner Riedel is the current Vice-Chair. Eggenberger moved, Gorham seconded, nominating Dustin Maddy to continue to serve as Chair and Marc Riedel to serve as Vice-Chair. Roll Call Vote: Gault, Gorham, Eggenberger, Riedel and Maddy - Voted Aye Planning Director Darling explained that the City has decided to postpone the fire lane tour for the present time because of the social distancing requirements, but noted that the surveying work is moving forward. She stated that the tour may need to be completed individually rather than as a group. The Commission discussed the proposed 2020 Work Program. 5. MATTERS FROM THE FLOOR - NONE 6. REPORTS • Liaison to Council CITY OF SHOREWOOD PLANNING COMMISSION MEETING APRIL 21, 2020 Page 9 of 9 Council Liaison Labadie reported on matters considered and actions taken during Council’s April 13, 2020, meeting (as detailed in the minutes for that meeting). • Draft Next Meeting Agenda Planning Director Darling noted there are one or two variance requests and a renewal for a home occupation permit slated for the next Planning Commission meeting. • Liaison Schedule for June, July and August June – Commissioner Eggenberger July – Commissioner Gault August – Commissioner Maddy September – Commissioner Riedel 7. ADJOURNMENT Riedel moved, Gault seconded, adjourning the Planning Commission Meeting of April 21, 2020, at 9:31 P.M. Roll Call Vote: Gault, Gorham, Eggenberger, Riedel and Maddy - Voted Aye Motion passed 5/0.