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11 17 2020 Planning Commission Minutes CITY OF SHOREWOOD COUNCIL CHAMBERS PLANNING COMMISSION MEETING 5755 COUNTRY CLUB ROAD TUESDAY, NOVEMBER 17, 2020 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 Eggenberger, Gorham, Gault and Riedel; Planning Director Darling; and Emma Notermann, Planning Technician Absent: None 1. APPROVAL OF AGENDA Riedel moved, Gault seconded, approving the agenda for November 17, 2020, as presented. Roll Call Vote: Ayes – all. Motion passed 5/0. 2. APPROVAL OF MINUTES  October 6, 2020 Riedel moved, Gault seconded, approving the Planning Commission Meeting Minutes of October 6, 2020, as presented. Roll Call Vote: Ayes – all. Motion passed 5/0. 3. MATTERS FROM THE FLOOR Tim Liester, 26355 Oak Ridge Circle, stated that he had spoken briefly at the October 6, 2020 Planning Commission meeting. He stated that regarding Fire Lane #3, there was a decision made last year to do a study and the City closed the fire lane based on of the current rules. He explained that he has signatures from a group of people that would like to see an amendment to make this fire lane a Class 2. He stated that he is an advocate of the City formally studying this issue and would like the City to allow reasonable access in a manner consistent with how they have been using it for 30 years. He stated that “reasonable access” to him means restrictions on hours and speed but snowmobile and 4-wheeler access be allowed because it has been used in this fashion for 30+ years. He asked that the City look at all sides of the issue before a decision is made. Planning Director Darling noted that discussion of the fire lanes is item 6A on tonight’s agenda. 4. 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– SPECIAL HOME OCCUPATION PERMIT (in home salon) CITY OF SHOREWOOD PLANNING COMMISSION MEETING NOVEMBER 17, 2020 Page 2 of 8 Applicant: Tasha Wagner Location: 5740 Wood Duck Circle Chair Maddy opened the Public Hearing at 7:09 p.m. Planning Technician Notermann explained that Tasha Wagner, 5740 Wood Duck Circle has applied for a Special Home Occupation permit to operate a salon inside of her home. She stated that the salon will be operated by Ms. Wagner to provide typical beauty services. She noted that the layout changes and additional plumbing line will not change the residential character of the neighborhood because they are all internal. Client parking will be located off-street because she has ample room in her driveway for her customers. She stated that the City received one e-mail from Verjean Schindeldecker, 23630 McClain Road which was been added to the record. Staff recommends approval. Commissioner Riedel asked if the Special Home Occupation Permit was perpetual or if would be renewed periodically. Planning Technician Notermann stated that when the permit is first issued, it is valid for 1 year and after that, the renewal period is every 3 years. Tasha Wagner, 5740 Wood Duck Circle, stated that she has been doing hair for 15 years and would like to have the convenience and privacy of having an in-home salon. She stated that most of her clients have been with her for a long time and are respectable people. She noted that she doesn’t feel they will cause any problems driving through the neighborhood. She stated that she plans to keep business hours between 8:00 a.m. and 8:00 p.m. Commissioner Gorham asked if Ms. Wagner had read the CDC guidance for business owners on beauty salons. Ms. Wagner stated that she has not read it yet. She noted that she still has to go take her test for salon license and a manager’s license. She stated that she is studying up on all of this type of information and will have to pass those exams before she is allowed to have an in-home salon. Chair Maddy asked if Ms. Wagner was already working in this field and if she was already familiar with some of the precautions, such as face shields. Ms. Wagner stated she is working and works in a salon where both clients and stylists wear masks for their entire service. Commissioner Gorham asked if they use blow dryers. Ms. Wagner stated that they do use blow dryers. Commissioner Gorham asked about spacing or partitions in her salon area. Planning Director Darling noted that Ms. Wagner is only allowed to have one client at a time. Commissioner Gorham asked if a client comes while she is working on another person if they would just wait outside. Ms. Wagner stated that they can wait outside or she has a separate room that can be used as a waiting area. She noted that she will sanitize everything per client. CITY OF SHOREWOOD PLANNING COMMISSION MEETING NOVEMBER 17, 2020 Page 3 of 8 Commissioner Gault asked if the area she would be using is ADA compliant. Ms. Wagner stated that she has wheelchair accessible sidewalk, her flooring is concrete, and there will be assisted rails in the restrooms. Commissioner Gault suggested that she also make sure her access doors meet the minimum width requirements. Commissioner Riedel asked if commercial building codes or residential building codes applied to a home business. Planning Director Darling stated that the home does not need to be brought up to a commercial building standard because this type of permit still falls under the residential code. She noted that the ADA requirements that apply for commercial businesses do not apply in this instance. She stated that Ms. Wagner will require a building permit to put in the plumbing line for the shampoo bow and will also need to supply the City with copies of the other licensing she receives from other agencies. There being no additional public testimony, Chair Maddy closed the Public Testimony portion of the Public Hearing at 7:25 P.M. Eggenberger moved, Gorham seconded, recommending approval of the request for a Special Home Occupation Permit for Tasha Wagner at 5740 Wood Duck Circle, with the requirement that copies of all necessary permits and licenses be provided to the City. Roll Call Vote: Ayes – all. Motion passed 5/0. B. PUBLIC HEARING– Zoning Ordinance Text Amendment for Multiple Sections Applicant: City of Shorewood Planning Director Darling explained that the various text amendments are split between housekeeping, which cleans up spelling and grammar issues and more substantive changes. She noted that the substantive amendments relate to things like the lighting regulations, the PUD process, and zoning permit language. She highlighted a few of the items that had been changed since the last time the Commission had seen this information. Commissioner Eggenberger asked about change #12 on page 20 regarding the amount of time to remove the old dwelling. He asked if the 2-week time period was enough time. Planning Director Darling stated that it generally takes a lot less time than to put it up and noted that 2-3 days is common. Chair Maddy asked if it would make more sense to have a Certificate of Occupancy. Planning Director Darling stated that if the Planning Commission would like to see this changed, she can make the change. After discussion, there was a Consensus of the Planning Commission to change the stipulation from potable water to a Certificate of Occupancy for the new dwelling for item #12, page 20. CITY OF SHOREWOOD PLANNING COMMISSION MEETING NOVEMBER 17, 2020 Page 4 of 8 The Commission discussed the time period for removal of the structure and came to a consensus to extend the time period to one month from Certificate of Occupancy. Commissioner Riedel asked about impervious surfaces and cantilever lighting. Planning Director Darling noted that this language is consistent with how the City has been applying that definition for cantilevers and overhangs. Commissioner Riedel asked how decks are treated and whether they were considered impervious. Planning Director Darling stated that she considers them pervious as long as there is spacing between the boards, it does not have a rough structure over it, and nothing below the deck that would stop water, air, or roots from passing through. Commissioner Riedel asked about the definition between basement and cellar and asked if that was a standard definition because he thinks of them as synonymous. Planning Director Darling stated that this is the standard definition and is fairly consistent with the building code. She noted that this is not necessarily how laymen use the terms, but is how it is defined in the building code. Chair Maddy opened the Public Hearing at 7:44 P.M. noting the procedures used in a Public Hearing. There being no public comment, Chair Maddy closed the Public Hearing at 7:44 p.m. Commissioner Gault complimented Planning Director Darling and staff on their work on this document. Commissioner Eggenberger noted that he agreed because he knows this was a lot of tedious work. Riedel moved, Gorham seconded, recommending approval of the proposed Code Amendments with the change made regarding multiple dwellings on a single property. Roll Call Vote: Ayes - all 5/0. 5. NEW BUSINESS 6. OTHER BUSINESS A.Fire Lane Discussion – Discuss Information Requested at September 1, 2020 Joint Park/Planning Meeting Chair Maddy asked if the Commission had any questions about the detailed information that was included in the packet. Commissioner Riedel stated that he thought it was thoughtful response from DNR and the County because there could be tax implications for vacating the lots. He stated that he thinks in many cases the owners would be happy to have more lakefront property through the vacation process, but it could mean an increase in their taxes. He stated that he would like to know if there is a process of consultation and what would happen if the homeowner would object to involuntarily CITY OF SHOREWOOD PLANNING COMMISSION MEETING NOVEMBER 17, 2020 Page 5 of 8 acquiring the additional lot. He asked if they could refuse it and whether the City would then choose not to proceed with the vacation process. Planning Director Darling stated that she has never seen that happen, but she would assume that the Council would choose not to proceed with the vacation. Commissioner Riedel stated that then he believes it becomes a simple discussion with the homeowner. Planning Director Darling noted that this is true, but it will also need to go through the DNR. Commissioner Gault stated that he assumed that if the fire lane is between two properties, the first offer would be split it equally between the two adjacent properties. Planning Director Darling stated that would not necessarily be the case. She stated that the land has to go back to the property it initially came from. Commissioner Eggenberger asked in this situation if the property it was taken from declined it, if the other adjacent property owner would have the right to acquire the property. Planning Director Darling stated that they would not, but the initial property owner could accept it and then subdivide their lot to sell it to the adjacent property owner. Planning Director Darling gave an overview of the discussion that took place at the November10, 2020 Park Commission meeting as reflected in the minutes. She noted that they recommended that the City vacate Fire Lanes #8-10 on Lake William, remove Fire Lane #2 as a fire lane from the zoning map and the text of the ordinance, but leave the easements in place. She stated that they also suggested another joint meeting with the Planning Commission to discuss in more details Fire Lanes #1, #3. #4, #5, and #6 and recommended that staff reinstall the barriers at Fire Lane #3 to stop snowmobiles from using the fire lane until the ordinance is amended. She asked the Commission to look over the information that they had requested at the Joint Park/Planning meeting and reconfirm their recommendations to the Council. Mr. Liester asked if while the City was still reviewing this if they would consider a reasonable approach for the winter of 2020-2021 with limited hours and speed rather than installing barriers to completely stop the use of Fire Lane #3. He suggested that this approach could be used on a trail basis to take a look at what a possible future situation could look like if the City amends the Fire Lanes and their use. Commissioner Riedel stated that to allow that would require a code change because Fire Lane #3 currently says no motorized access although he feels it is a reasonable suggestion. Mr. Liester stated that it would just be using the fire lane in the manner in which it has been used for years. He noted that he had spoken with the nearby property owners and feels that the adjacent property owners would agree to controlled use of the Fire Lane. He reiterated that he is advocating for some sort of controlled access with limited hours of operation and speed. Commissioner Gorham stated that he feels the adjacent property owner has been quite gracious about trying to find the middle ground. He noted that one of the challenges is that when he bought the property, the code said no motorized vehicles would be allowed. He stated that he has concerns about the fairness of that, but does feel that particular homeowner is willing to work on a solution. He stated that one of the things missing from the packet is the feasibility of what these control measures may look like. CITY OF SHOREWOOD PLANNING COMMISSION MEETING NOVEMBER 17, 2020 Page 6 of 8 Mr. Liester stated that he agreed and believes that the details such as signs and hours could be worked on. Commissioner Gault stated that the biggest concern was people buzzing through at midnight or later because that is near their bedrooms. Commissioner Gorham stated that there were also issues with people driving around the bollards onto his bushes. Commissioner Eggenberger stated that he agrees with the Park Commission recommendations to look in greater detail at Fire Lanes #1, #3, #4, #5, and #6 and hold another joint meeting. Chair Maddy stated that he had no idea it would be such a detailed process to vacate property that is connected to water. Commissioner Gorham noted that the vacation could be denied as well. Chair Maddy asked if City Attorney Keane had taken a look at precedent for shutting down lake access. Planning Director Darling stated that he had not. Chair Maddy stated that is a question that should definitely be asked before attempting to move forward on this issue. He stated that seeing all the hoops that need to be jumped through made him realize why the City has been sitting on these for so many years. Commissioner Eggenberger asked what the Park Commission recommendation was for Fire Lane #7. Planning Director Darling stated that access was proposed to be kept for access to Lake William. Commissioner Riedel stated that he would suggest that the Planning Commission and Park Commission make an effort to resolve this issue, since previous Councils discussed this issue in the 1970s and 1980s without resolution. He stated that he would center all discussion on Fire Lanes #3 through #6. He stated that for Fire Lanes #1 and #7, he does not see those ever-having use or having a value to the City. Commissioner Gorham stated that he agrees a bit with some of the caution that the DNR takes regarding present versus future use as well as thoughts about equity to lake access. He noted that some of these Fire Lanes are inaccessible. Commissioner Gault noted that they are inaccessible because they have not been maintained. Commissioner Gorham stated that to him, it feels counterintuitive to take the lake access and give it to the people who already have lake access and also feels that approach lacks imagination. Planning Director Darling noted that after she had written this report, she got an estimate from Public Works on the cost to open up a walkway to the shore or the top of the bluff. She stated that the estimate is approximately $25,000 which would be for all ten Fire Lanes. CITY OF SHOREWOOD PLANNING COMMISSION MEETING NOVEMBER 17, 2020 Page 7 of 8 Commissioner Riedel discussed the one fire lane off of Eureka that was a bit wider and he thinks the point could be made that a trail could be cut through in this location. Commissioner Eggenberger asked if that would then be called a park rather than a Fire Lane. Planning Director Darling stated that it would be public access. Commissioner Eggenberger stated that the comment made by Commissioner Gorham resonates with him that it doesn’t make sense to take public lake access and give it to somebody who already has lake access. Commissioner Riedel stated that Fire Lane #7 on Lake William is a wooded area that accesses a small lake. He stated that there will be very little pressure for people to get on that lake and they can always get in from the Deephaven side by the bridge. He stated that he feels it is very unlikely that anybody would ever use this access and suggested removing it from discussion. Commissioner Eggenberger suggested setting up a meeting with the Park Commission to discuss this more thoroughly. Planning Director Darling suggested that a joint meeting be held in January or February. Commissioner Gorham asked Planning Director Darling to get information regarding a security gate and the police department involvement. He asked if the City put in some sort of security gate that opened and closed at certain times whether the police would have to visit it every night. He explained that he would like to know what the City would be committing to if they say it will be closed at 10:00 p.m. and how this would be enforced. He stated that he does not want there to be an unenforceable time restriction and asked if the City also needed to hear from the fire chief on this issue. Planning Director Darling stated that she can reach out to the fire chief for comment but noted that in the 1986 discussions, there was acknowledgement that the Fire Lanes were no longer used for fires. She stated that even if the City wanted to, it does not have a pumper truck that could get water out of the lake in order to fight a fire. Commissioner Riedel stated that it appears as though the Planning Commission is in agreement with the Park Commission recommendations with a few minor differences. Commissioner Gorham stated that for the sake of the snowmobilers, he is happy to have the joint meeting before January or February. Commissioner Eggenberger agreed that he is willing to meet as soon as possible. Commissioner Riedel stated that he would also like there to be additional discussion on the idea of making all of the fire lanes accessible, especially for Fire Lane #5 because it is so wide and the cost is not prohibitive. Planning Director Darling noted that the proposed $25,000 did not include spraying for noxious weeds which will cost $300-$400 more per fire lane. Commissioner Riedel suggested that the City could again get the goats involved for the buckthorn He asked if there was a permitting process for clearing buckthorn with goats and suggested that the City may want to consider that. CITY OF SHOREWOOD PLANNING COMMISSION MEETING NOVEMBER 17, 2020 Page 8 of 8 Planning Director Darling stated that currently goats are not allowed permanently in the City. Chair Maddy asked if the Commission would like to discuss the possibility of allowing goats in the City. The Commission discussed goats, snowmobile use in the City, and details on the fire lane access. There was a Consensus to have a future discussion about goats in the City. There was a Consensus to hold the Joint Park/Planning meeting as soon as possible. 7. REPORTS • Council Meeting Report Planning Director Darling reported on matters considered and actions taken during Council’s November 9, 2020, meeting (as detailed in the minutes for that meeting). Commissioner Gorham noted that there was an item that the Planning Commission recommended denial of a variance request for a deck and the Council voted to approve it. Planning Director Darling explained the Council’s reasoning behind approval of the variance request. • Draft Next Meeting Agenda Planning Director Darling stated there is a PUD amendment for Minnetonka Country Club and a CUP for a specialty fence slated for the next agenda. 8. ADJOURNMENT Riedel moved, Gault seconded, adjourning the Planning Commission Meeting of November 17, 2020, at 8:39 P.M. Roll Call Cote: Ayes – all. Motion passed 5/0.