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02 07 2023 CITY OF SHOREWOOD COUNCIL CHAMBERS PLANNING COMMISSION MEETING 5755 COUNTRY CLUB ROAD TUESDAY, FEBRUARY 7, 2023 7:00 P.M. MINUTES CALL TO ORDER Vice-Chair Riedel called the meeting to order at 7:00 P.M. ROLL CALL Present: Commissioners Riedel, Eggenberger, and Huskins; Planning Director Darling; Planning Technician Carlson, and Council Liaison Maddy Absent: Commissioner Holker 1. APPROVAL OF AGENDA Huskins moved, Eggenberger seconded, approving the agenda for February 8, 2023, as presented. Motion passed 3/0. 2. APPROVAL OF MINUTES  January 17, 2023 Commissioner Huskins noted a minor correction needed on page 2 in the second to the last paragraph to clarify the names of roadways/intersections. Huskins moved, Eggenberger seconded, approving the Planning Commission Meeting Minutes of January 17, 2023, as amended. Motion passed 3/0. 3. MATTERS FROM THE FLOOR - NONE 4. PUBLIC HEARINGS - NONE Vice-Chair Riedel 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 – CONDITIONAL USE PERMIT FOR A COLLOCATION OF ANTENNAS ON EXISTING TOWER Applicant: SMJ International, LLC (T-Mobile) Location: 24283 Smithtown Road Planning Director Darling explained the request to add telecommunication antennas, six radio receiving units, and various other equipment within a new triangular array on the existing tower. Staff recommends approval subject to the conditions noted in the staff report. CITY OF SHOREWOOD PLANNING COMMISSION MEETING FEBRUARY 7, 2023 Page 2 of 7 Commissioner Huskins stated that he did not see any communication from any of the neighbors and asked if the Commission could assume that they had been notified and that no one had any comments about this request. Planning Director Darling stated that was correct and explained that the City sent out all notices, as required to 500 feet from the site and the City received no correspondence in response. Commissioner Eggenberger stated that the last time this was before the Commission, part of the recommendation were surrounding some clean up of the trees and asked if that was for the previous applicant. Planning Director Darling confirmed that was for a different applicant and confirmed that they would be handling the clean-up requested by the City. She noted that the ground equipment for this applicant is shorter and does not have a generator. th Andy Bobrytzke, 132 W 8 Street, Mankato, stated that he was at the last meeting for the same tower, but represented a different client. Vice-Chair Riedel stated that the addition of the antennas requires additional supports and asked for a description of the engineering. Planning Director Darling explained that the structural information was included in the packet and stated that there will be running bars up the existing monopole. Mr. Bobrytzke noted that if the monopole needs additional supports, they will add them on the outside and then paint them to match so they blend in. Vice-Chair Riedel asked if Mr. Bobrytzke asked if he was in support of the recommendation from staff that there be no lighting on the antenna unless required by the FAA. Mr. Bobrytzke stated that what the client likes to do is put in a small LED light so they can see when working on the equipment. He stated that they have asked them to put in a dial, like there would be on a bathroom fan, so when the technician is there, he can turn the light on and it will stay on for a certain amount of time and then automatically turn off. Planning Director Darling noted that there was no lighting included on the application. Mr. Bobrytzke pointed out a rendering that listed a ‘proposed LED luminaire’ as the lighting he was referring to that used a timer dial on the H-frame. Vice-Chair Riedel suggested that this be noted since the original staff recommendation listed that there would be no lighting. Commissioner Huskins asked how long it takes from beginning to end to make this modification. Mr. Bobrytzke explained that a typical installation takes about 2-3 days and modifications may take a few extra days. He stated that everything will be built ahead of time and installed on site with whatever crane or equipment is needed. Commissioner Huskins confirmed that if any of the landscaping is damaged as part of the installation that they will return it to its former state before they are done. He asked about the CITY OF SHOREWOOD PLANNING COMMISSION MEETING FEBRUARY 7, 2023 Page 3 of 7 frequency of maintenance and repair now that there is another vendor being served by the monopole and array. Mr. Bobrytzke stated that the maintenance and repair is handled by each individual carrier. He noted that typically once it is up and running, they do not require a lot of work, especially up on top. Commissioner Huskins asked how the City can hold them responsible if there is any damage done to things like landscaping when there are different carriers doing the work. Planning Director Darling stated that she has not noticed a lot of damage on the site and noted that in this particular location she thinks mostly it is a gravel surface and it is not too complicated to repair. She stated that the City’s Building Inspector will go out and do a final inspection on the ground and will note any unusual activity or disturbances. She stated that typically the tower owner will hold the carriers responsible for the damage that may occur on the site and explained that the City has not had to get involved. Commissioner Eggenberger noted that he feels the light described by Mr. Bobrytzke is a good idea and would not be a problem. Vice-Chair Riedel stated that he agreed and recommended that this be included in the recommendations to the City Council. Commissioner Huskins agreed and stated that he likes the idea of this light from a safety standpoint and noted that it would also alert people nearby that there is someone there working on the equipment. Vice-Chair Riedel opened the Public Hearing at 7:18 P.M. noting the procedures used in a Public Hearing. There being no comments, he closed the Public Hearing at 7:18 P.M. Eggenberger moved, Huskins seconded, recommending approval of the CUP for Collocation of Communication Antennas at 24283 Smithtown Road, subject to the conditions listed in the staff report with the addition of proposed LED work light with a timer. Motion passed 3/0. 5. OTHER BUSINESS A. Variance to Setback to OHWL on Silver Lake Applicant: Gardner Building and Remodeling Location: 19960 Sweetwater Curve Planning Director Darling stated that this request is from Gardner Building and Remodeling for a variance from the OHWL of Silver Lake. She stated that staff recommends approval of the request, subject to the two conditions as noted in the staff report. Vice-Chair Riedel stated that the OHWL of Silver Lake has been the subject of quite a few discussions by the residents. He noted that he had also spoken to the DNR about this issue and explained that the OHWL is set by permit with the DNR with a weir structure that controls the level. He stated that the permit and the weir structure is designed for 898.1 feet, but for a period of at least 20 years, the lake level was substantially higher than that by almost 2 feet. He stated that what he has learned is that the OHWL is not where the water is, but it is where it is permitted and where it should be. He stated that the explanation for why it was pretty consistently higher CITY OF SHOREWOOD PLANNING COMMISSION MEETING FEBRUARY 7, 2023 Page 4 of 7 than that was that the weir was pretty consistently clogged, possibly due to beaver activity. He stated that believes that part of the shoreline floated away during the high water levels which is why some of the setback numbers may be a bit off of what they should be. Commissioner Eggenberger asked where the existing patio was located that staff is recommending be removed. Planning Director Darling showed a photo of the patio and explained that it is a paved patio of some sort. Zach Gardner, Gardner Building and Remodeling, explained that his clients moved into the house about a year ago and assumed when they purchased it that everything attached to the home and on the property was legally conforming. He stated that they have learned through this process that it was not and he was asked to come in and update the home including repair to the deck. Vice-Chair Riedel asked for a description of the plans for a cantilevered section of the deck. Mr. Gardner gave an overview of their plans to run a footing and foundation straight out that would not be cantilevered out because they are planning to screen in the lower section. He stated that if they were to just put normal footings back in, due to the water table, they would heave and the deck would once again be a mess. He stated that the cantilevered section is just for the upper section to give the upper deck a bit more room to have a table and things like that. Commissioner Huskins asked about the patio portion and the request from staff to remove it. Mr. Gardner stated that as part of the application process for this variance, they discovered that the patio that has a fire pit and limestone stone work was non-conforming. He stated that they bought the home with the patio there and asked if the requirement to remove it could be dealt with separately because it is covered in snow. He asked if that might be something that could be addressed in the springtime and someone from the City could come out and help them figure out what is actually okay. He stated that ideally they would like to leave it there, but they understand that some of it is apparently non-conforming. Vice-Chair Riedel noted that most of the exceptions for things located in setbacks are for things like pathways, docks, and stairs. He noted that it would be unlikely that a patios such as this one would be allowed. Commissioner Eggenberger explained that if they had not applied for a variance, the patio could remain because they would not be changing anything. He stated that when people apply for a variance, then the City takes a look at everything. Mr. Gardner stated that it was his understanding the fire pit in the patio area was conforming and acceptable. Vice-Chair Riedel stated that he believed a built up fire pit would not be allowed within 150 feet of the OHWL. Planning Director Darling explained that the City had allowed some fire rings and stone circles but nothing that is built up. She noted that the way she wrote the proposed approvals for this project was that they could move forward with the application for the deck even though the patio will be there. She explained that the patio would need to be removed prior to the final inspection of the deck. CITY OF SHOREWOOD PLANNING COMMISSION MEETING FEBRUARY 7, 2023 Page 5 of 7 Vice-Chair Riedel asked if there was anyone in the audience who wanted to speak on this issue. Shawn Breaux, 19960 Sweetwater Curve, stated that when they go to remove the fire pit, he believes it will require heavy machinery. He asked if there was a separate process that they would need to follow when it comes to things like erosion to ensure that the shoreline is okay. Vice-Chair Riedel stated that as part of the process they will need things like a silt fence. Planning Director Darling stated that typically what they would need to do is to use whatever equipment needed to remove it and then restore the ground cover or turf to repair the damage. Vice-Chair Riedel stated that the most important thing is that whatever contractor their hire to do the work makes sure that they properly install the silt fencing. Huskins moved, Eggenberger seconded, to recommend approval of the Variance to Setback from OHWL of Silver Lake at 19960 Sweetwater Curve, subject to the two conditions included in the staff report. Motion passed 3/0. B. Variance to Front and Side Setbacks Applicant: Todd Nelson Location: 20980 Ivy Lane Planning Director Darling explained the request for a variance to the front and side setbacks to build an addition to an existing, non-conforming home. Staff recommends approval of the variance requests but would also acknowledge that the variance criteria are open to interpretation and that there is potential impact to the streetscape in the area. She noted that the City had received two letters of support for this application from the adjacent two homes. Vice-Chair Riedel noted that Planning Director Darling had discussed other possible locations for the addition and stated that it sounded like she had been in favor of the version that had it on the rear or north side. Planning Director Darling explained that location would have less of an impact on the streetscape, but it would also not be without potential difficulties. Commissioner Huskins stated that he had recently driven through the area and the homes on the south side of Ivy are considerably further back from the road and it is just the north side of Ivy that has this issue. He stated that he was also interested in the prominence from the staff report of the option to build the addition in the back. He stated that it is a little disconcerting to be that close to the street, but appreciated the picture that shows that the garage is quite close to the street as well. Vice-Chair Riedel stated that he also felt the picture was quite compelling and shows how small this lot is. Todd Nelson, 20980 Ivy Lane, stated that he feels the pictures speak for themselves and show that they are in a predicament. He stated that he has had many discussions with Planning Director Darling about different options and possible locations. He stated that to address her suggestion to build onto the back, there are a number of issues with that option, including how it will impact the current floor plan of the house. He stated that it would involve major reconstruction of the interior of the home because the windows would be looking into the new addition. He noted that CITY OF SHOREWOOD PLANNING COMMISSION MEETING FEBRUARY 7, 2023 Page 6 of 7 it would also require work to be done with the HVAC system. He stated that with what they are proposing it is just adding a living room, moving the stairs and explained that it would be much more simple nor would be require any mechanical systems work. He stated that their plans maintain the current roofline of the house and noted that they will not be as close to the street as the garages that were mentioned. He stated that the developer that they have hired to do the work, if the City approves, lives in a home he just built across the street. Commissioner Eggenberger asked if Mr. Nelson parks on the street. Mr. Nelson stated that they have an asphalt parking area and pointed it out on a map. Commissioner Huskins asked if there was any anticipation that the actual building process may cause any issues for traffic on the road. Mr. Nelson stated that he did not think so because there is plenty of yard space and would still be room to park their cars. He stated that this is a not a very large structure, so there will also not be a lot of material that would need to be stored on site. Planning Director Darling explained that if approved, the City will require a construction management plan that would identify these types of details. Vice-Chair Riedel stated that the addition is about 400 square feet and asked if this project would cease to be worthwhile if they had to bring it in a few feet in order to be further from the road. Mr. Nelson stated that limit on the width is the stairwell which is where the 16 feet comes from because it is a 12 foot stairwell and a 2 foot bottom landing and a 2 foot top landing. He stated that he feels their plans are as minimal as they could make them considering the space. Vice-Chair Riedel stated that it appears as though every option may require a variance and noted that another option may be to build up, but that would mean tearing off the existing roof. Mr. Nelson stated that he had looked into that option and most of the contractors felt it would be better at that point to just tear down and rebuild because the foundation and supports were built in the 1950s and they were not sure they could support another level. Vice-Chair Riedel stated that he feels the 60 foot right-of-way makes a big difference in this situation because otherwise he would have a harder time recommending approval of an 8 foot setback and building that close to the roadway. Commissioner Eggenberger stated that he agreed and also took into consideration the difficulties of the lot itself. He stated that it truly appears that the applicant has taken a look at this project every possible way they could and this one seems to be the best solution. He stated that for him, it carries a lot of weight that the two neighbors on either side have given their support of the plans. Commissioner Huskins stated that given the nature of the neighborhood and the existing structures, he is also in support of this request. Vice-Chair Riedel noted that it is also in favor, but is also a bit on the fence because the counter argument would be that, as small as the existing house is, it actually may be the right size for that tiny little lot. CITY OF SHOREWOOD PLANNING COMMISSION MEETING FEBRUARY 7, 2023 Page 7 of 7 Eggenberger moved, Huskins seconded, recommending approval of the variance request to the front and side setbacks for a home addition at 20980 Ivy Lane, subject to the condition included in the staff report. Motion passed 3/0. 6. REPORTS • Council Meeting Report Council Liaison Maddy gave an overview of recent activities related to Planning that were discussed by the City Council. Planning Director Darling stated that the City has received 4 additional applications for the vacant Commission openings in the City. She noted that she expects the interviews for those seats to take place on the February 13, 2023. Council Liaison Maddy stated that this would be Vice-Chair Riedel’s last meeting with the Planning Commission and expressed his appreciation to the years of service that he had given to the Planning Commission. • Draft Next Meeting Agenda Planning Director Darling stated there are quite a few items slated for the March 7, 2023, Planning Commission meeting and gave a brief review of applications she expected to be completed in time for the meeting. ADJOURNMENT Huskins moved, Eggenberger seconded, adjourning the Planning Commission Meeting of February 7, 2023, at 8:09 P.M. Motion passed 3/0.