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12-05-2023 CITY OF SHOREWOOD COUNCIL CHAMBERS PLANNING COMMISSION MEETING 5755 COUNTRY CLUB ROAD TUESDAY, DECEMBER 5, 2023 7:00 P.M. MINUTES CALL TO ORDER Chair Gorham called the meeting to order at 7:01 P.M. ROLL CALL Present: Chair Gorham; Commissioners Eggenberger, Huskins, Holker and Johnson; Planning Director Darling; and, Council Liaison Callies Absent: None 1. APPROVAL OF AGENDA Huskins moved, Johnson seconded, approving the agenda for December 5, 2023, as presented. Motion passed 5/0. 2. APPROVAL OF MINUTES  November 21, 2023 Commissioner Holker requested a change to page 3 of the minutes to clarify the meaning of the statement made by Councilmember Callies. Commissioner Huskins noted that he was not in attendance at this meeting but had a question about the conversation regarding the possible relief program. He asked if that was something that could be placed on a future agenda for discussion. Planning Director Darling explained that they could do that, but was referring to something being done at that meeting, for that case. Commissioner Eggenberger explained that he did not believe the Planning Commission would have any real mechanism to provide relief because applicants do not turn in financial records when they submit their application. Commissioner Huskins asked if someone could petition for this kind of relief. Planning Director Darling explained that there is no means to provide a case-by-care reduction in fees, so applicants would have to pay the listed fees and escrows. Eggenberger moved, Holker seconded, approving the Planning Commission Meeting Minutes of November 21, 2023, as amended, per discussion. Motion passed 5/0. 3. MATTERS FROM THE FLOOR No one appeared to address the Commission. CITY OF SHOREWOOD PLANNING COMMISSION MEETING DECEMBER 5, 2023 Page 2 of 6 4. PUBLIC HEARINGS – NONE 5. OTHER BUSINESS A. Variance to Side-yard Abutting a Public Street Applicants: David Hansen and Shelly Curren Location: 24925 Amlee Road Planning Director Darling gave an overview of the request for a variance to allow an addition in order to create a 3 stall garage at 24925 Amlee Road. She reviewed background information about the site, its history, and details of the variance request. She stated that staff feels that the applicant has shown practical difficulties on the lot and would meet most of the variance criteria and was recommending approval, subject to the bullet point conditions included in the staff report. She explained that the City had received two letters of support for this application from Sandy and Scott Morris – 24950 Amlee Road and Perry Webster – 24885 Amlee Road. Chair Gorham asked what was meant when she had stated that this was not the minimum necessary to eliminate the practical difficulty. He asked if she said that because they could make their design more narrow as a storage stall and not be used for a vehicle. Planning Director Darling explained that they could make the third stall narrower and noted that their current proposal is for it to be 14 feet wide and a third stall garage can go down to 12 feet wide, and many vehicles would still fit in that space. Commissioner Johnson asked about the reference in the packet to the applicant cutting back the addition to be no greater than 13.5 feet, and explained that she had also seen a reference to 14 feet. Planning Director Darling stated that the request is for 14 feet and believes were reference to 13.5 feet was that they could cut off another half foot and be very consistent with the home to the south. Chair Gorham stated that there is some language in the letter from the applicant about being aligned with established precedent and asked Planning Director Darling about the home to the south. Planning Director Darling explained that home (to the south) is non-conforming because the home was constructed prior to the City of Shorewood being in existence. She stated that it did not conform to the more current, modern setbacks. Chair Gorham stated that the practical difficulty is that the house is not as close to the east side as it could be based on the required setback. Planning Director Darling stated that was correct. Chair Gorham asked if this home also predated the City’s zoning code. Planning Director Darling stated that it predates the zoning code that was adopted in 1987. She noted that the home on the subject lot was built in 1964 which was after the village had incorporated and the home to the south was built in 1955 which was one year before the City incorporated. CITY OF SHOREWOOD PLANNING COMMISSION MEETING DECEMBER 5, 2023 Page 3 of 6 Chair Gorham stated that his point is that the language of ‘aligning with precedent’ he did not think was correct because there was not a past decision by the Council that they can reference and this was just an old house. Planning Director Darling noted that she believed what they meant by ‘precedent’ in this particular case is that it would not stick out because their addition would line up with the neighbor and would not be obtrusive, rather than a legal precedent. Commissioner Johnson asked if the maple tree would be staying. Planning Director Darling stated that her understanding is that it would be staying with the current plans, but if they had to do a detached garage, then it would have to go. David Hansen, 24925 Amlee Road, stated that they believe their request is reasonable and explained that they tried to stay within the character of the neighborhood and not over build. Chair Gorham asked about the language in the letter he had submitted regarding the maple tree. Mr. Hansen stated that the initial option they looked at was a detached garage, but that would have also required a variance due to the proximity to the neighbor and they would have had to lose the maple tree, so they felt it was not a good option. Commissioner Huskins stated that he finds this request completely acceptable and does not see this creating any safety issues for emergency vehicles. He noted that it seems to be compatible with the other properties in the neighborhood. He stated that he also considers receiving support from the neighbors to be a positive thing. Chair Gorham asked for his opinion on the practical difficulty claim that the applicant was making. Commissioner Huskins stated that he accepts their claim and noted that the house was a pre- existing property and they did not create that issue by building it and placing it further west than they should have, by code. Chair Gorham noted that he was struggling with the idea that a third stall is somehow cause to say that there is a practical difficulty. He stated that he understands the concern raised about the different placement requirement the maple tree to be lost and noted that he felt that was a better argument than the practical difficulty and the other arguments. Commissioner Holker stated that her parents live three houses down from this home. She stated that they have lived in this home for 62 years and she also grew up there, so she knows the area really well. She stated that she felt this was a very reasonable request and supports it. Commissioner Johnson stated that she also supports this request and believes the homeowners have worked with the City to narrow the design and removing the patio. Commissioner Huskins stated that they also had to move a shed that was non-conforming into a position that conformed. Commissioner Eggenberger stated that he agreed with the recommendation brought forward by staff, including the suggested conditions. CITY OF SHOREWOOD PLANNING COMMISSION MEETING DECEMBER 5, 2023 Page 4 of 6 Planning Director Darling reminded the Commission that before they take a vote they can ask for public testimony on this request. Nikki Hedtke, 5525 Manitou Lane, stated that she was not opposed to this request but did have a few concerns she wanted to bring to the Commissions attention. She presented pictures to the Commission that depicted the property line and a tree that is leaning over her property. She stated that she was concerned about possible limbs falling and damaging things on her property and would ask that it be removed. She stated that she would also like the dirt to be filled in by the shed so there isn’t a pit that causes erosion or other hazard. Chair Gorham asked Planning Director Darling how these concerns should be dealt with. Planning Director Darling explained that she can work with the Ms. Hedtke and discuss her concerns with the property owner. Clint Bucher, 5490 Manitou Lane, stated that they were also not opposed to this variance request, but referenced one of the pictures submitted by Ms. Hedtke and explained that they have concerns about the exposed pit where the shed used to be located. He stated that he felt that the pit had the potential to collapse the soil. He noted that they were also concerned with the branch hanging over the property that Ms. Hedtke had referenced and would like to see those items addressed. He stated that the picture that shows the large red rock is a berm which was created to ensure that no water ran into the applicant’s residence. He stated that it was done in cooperation with Mr. Hansen and Ms. Curren, but not at their expense, to ensure, as good neighbors, that the water flow from 5525 Manitou Lane would not affect their property. He reiterated Ms. Hedtke’s requests that the large overhanging branch be cut off and the pit filled in. He stated that if the request to take down the branch is a financial concern, he would be willing to cut it down himself. Commissioner Huskins asked if Mr. Hansen would like to respond to their concerns. Ms. Curren stated that addressing their concerns would not be a problem and explained that they had not realized it was an issue. Mr. Hansen agreed and noted that they would have no problem working with them to address these concerns. Chair Gorham clarified that the Planning Commission’s focus was in looking at the code and should not tie their decision to other issues with the yard. Commissioner Eggenberger agreed that these were separate issues should not be tied to the variance request. He stated that Planning Director Darling can work with the homeowner to address the issues that were raised. Planning Director Darling assured the Commission that she would follow up with the homeowners regarding the concerns about the other issues that were raised by the neighbors. Eggenberger moved, Holker seconded, to recommend approval for the Variance to Side- yard Abutting a Public Street for David Hansen and Shelly Curren at 24925 Amlee Road, subject to the two conditions noted in the staff report. Motion passed 5/0. CITY OF SHOREWOOD PLANNING COMMISSION MEETING DECEMBER 5, 2023 Page 5 of 6 B. Discussion of Amendments for Content Neutral Sign Code Planning Director Darling noted that she didn’t have a formal presentation and was just in the discussion stage for the content neutral aspects of the sign code. She noted that the last time the Commission had discussed this was in May. She noted that she had chosen not to present a version with the underscores and strikeouts because she felt all the markings made it too confusing. Chair Gorham noted that he understood her concerns but felt it was a bit difficult for the Commission to see if and where their previous comments and suggestions had been incorporated. Planning Director Darling explained that Commission Johnson had shared that concern with her earlier today as well, so she brought along the draft that they had previously reviewed to make it a it easier for them to compare. She noted that the commercial district already had quite a bit of language that was content neutral, so the primary part of the commercial districts was not a big change. Commissioner Huskins stated that a source of confusion for him was the use of the term ‘temporary sign’ and shared some examples. He asked if it may be helpful to find a way to define temporary signs, not in a generic fashion, but in the context that they are used through the Code and gave the example of ‘temporary sign – campaign’. Planning Director Darling explained that would be a violation of the Supreme Court ruling that struck down regulating content. She stated that she has tried to keep the references within the draft document neutral regarding what is allowed on them. She stated that has also added language so it is clear that they are not permanently affixed. Commissioner Johnson stated that she had not seen that in the version provided today. Commissioner Huskins asked if Planning Director Darling was saying that the City could not include some language like, ‘temporary sign requiring a permit’ and ‘temporary sign not requiring a permit’. He reiterated that he finds it difficult to use the generic term ‘temporary sign’ as he read through this document. Planning Director Darling stated that there is an exception to the permit requirements section and asked if he still found it difficult after looking over that section. Commissioner Huskins explained that it seems like it is layer upon layer as someone reads through the document. The Commission and Planning Director Darling reviewed the ordinance, discussed details, and made suggestions regarding the content neutral sign code amendments, definitions, and regulations in Subd. 11. Planning Director Darling reminded the Commission that this was an informal discussion and this item would come back again in a more formal way. She noted that there will also be a public hearing held prior to it moving onto the Council. She stated that many of the amendments are designed to bring the City into conformance with the Supreme Court ruling. CITY OF SHOREWOOD PLANNING COMMISSION MEETING DECEMBER 5, 2023 Page 6 of 6 The Commission suggested language changes, compared with other cities have done in various sections and added definitions that may make this section of code easier to understand along with being content neutral. Planning Director Darling noted that this would be going back to the City Attorney for review prior to holding the public hearing. She stated that she will plan to bring additional language changes back for the next meeting and noted that she also has another Code amendment for their review. She stated that now the Comprehensive Plan has been accepted by the Met Council, the City has 9 months to make changes to the regulations to ensure that there is no conflict with the Comprehensive Plan. 6. REPORTS • Council Meeting Report Council Liaison Callies reported on matters considered and actions taken during the Council’s recent meetings. She explained that this would be her last month serving as the Council liaison to the Planning Commission. • Draft Next Meeting Agenda Planning Director Darling stated that for the next meeting there will be a Conditional Use Permit for another cell antenna, a variance, and some additional code language discussions. She noted that the next meeting date falls on January 2, 2024 and stated that Commissioner Johnson had already informed her that she would be unable to attend. Commissioner Holker stated that she would also not be able to make that meeting date. Commissioner Johnson stated that she was signed up to do the Council report, but her medical situation would likely interfere with her ability to attend the meeting. Chair Gorham offered to do the Council report for January and suggested that Commissioner Johnson could take his scheduled report for February. 7. ADJOURNMENT Holker moved, Johnson seconded, adjourning the Planning Commission Meeting of December 5, 2023, at 9:40 P.M. Motion passed 5/0.