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3-19-2024 CITY OF SHOREWOOD COUNCIL CHAMBERS PLANNING COMMISSION MEETING 5755 COUNTRY CLUB ROAD TUESDAY, MARCH 19, 2024 7:00 P.M. MINUTES CALL TO ORDER Vice-Chair Eggenberger called the meeting to order at 7:00 P.M. ROLL CALL Present: Commissioners Eggenberger, Huskins, Holker and Johnson; Planning Director Darling; and, Council Liaison Sanschagrin Absent: Chair Gorham 1. APPROVAL OF AGENDA Vice-Chair Eggenberger suggested that the agenda order be changed for items #4 and #5. Planning Director Darling stated that should be acceptable because no one appeared to be present for the Public Hearing. Johnson moved, Holker seconded, approving the agenda for March 19, 2024, as amended, to reverse the order of items #4 and #5. Motion passed 4/0. 2. APPROVAL OF MINUTES  February 6, 2024 Huskins moved, Johnson seconded, approving the Planning Commission Meeting Minutes of February 6, 2024, as presented. Motion passed 4/0. 3. MATTERS FROM THE FLOOR There were none. 4. OTHER BUSINESS – A. Variance to Expand a Non-Conforming Home Applicants: Matthew Sayer Location: 20750 Garden Road Planning Director Darling gave an overview of the variance application to expand a non- conforming home located at 20750 Garden Road. She explained that they would like to expand the existing garage by adding a third stall, add a second story over the entire garage space, and add a cantilever to provide architectural relief on the home. She noted that a variance is required because the existing home is constructed within the required setback. And the second story addition would add more nonconforming area. She stated that following review, staff recommended approval of the variance requests with some minor design changes, and subject to the conditions included in the staff report. She explained that the City had received one letter CITY OF SHOREWOOD PLANNING COMMISSION MEETING MARCH 19, 2024 Page 2 of 11 of support from Chris and Tara Cummings, 20685 Garden Road, which had been attached to the staff report and their comments are now part of the public record. Commissioner Holker asked about the driveway for the third garage stall related to its proximity to the lot line and the need for additional drainage and if there would still be enough room to curve the driveway into the third stall. Planning Director Darling stated that the applicant has shown that they could provide the 5-foot setback, which is all that is required for the driveway. She stated that they can put a retaining wall in the setback as well, which gives a bit more flexibility. Commissioner Holker stated that it appears as though two trees will come out and there needs to be a replacement plan for those trees. She noted that there was just an article in the paper about the City of Edina and the large amount of money they request to have a homeowner put down to show what is happening with trees. She asked if the City has anything similar in the City to what Edina has. Planning Director Darling confirmed that the City has a Tree Preservation Policy but noted that it would not typically kick in for a situation like this type of addition, but it would apply if someone were expanding the garage space over 1,200 square feet. She clarified that tree preservation would apply on residential properties during subdivision and if they do a tear down/rebuild of a new home. Commissioner Holker stated that she understood this wouldn’t apply for this application, but asked if the City held money in earnest under those tree preservation circumstances. Planning Director Darling explained that for subdivisions, the City would collect that money up front and would not release it until 2 years after the last tree is planted to ensure that the new trees take root. Commissioner Johnson asked about the size of the trees that will be taken down as part of this project. She asked requirement for a landscaping plan and what the requirement would be for the replacement of those trees. Planning Director Darling explained that the applicant would either need to replant 2 or 3 trees per tree removed, depending on the size of the existing trees and noted that she believed the trees being removed were fairly mature, but clarified that the applicant could give more detailed information. She noted that this is a pretty heavily treed lot so if there is no place on the lot where those replacement trees can be planted, they would be able to pay a fee into the City’s Tree Fund and the City would then plant trees somewhere on City property. Commissioner Huskins expressed confusion about the driveway based on what he saw on Google maps. He asked for clarification for which side of the house the garage is located. Planning Director Darling explained the location of the garage and reiterated that the plans were to expand the garage and widen the driveway. Commissioner Huskins asked if there were 2 driveways on the property. Planning Director Darling stated that there are 2 driveways on this property. CITY OF SHOREWOOD PLANNING COMMISSION MEETING MARCH 19, 2024 Page 3 of 11 Commissioner Johnson asked if the neighbors who had indicated their support were the ones who were closest to this property. Planning Director Darling explained that those neighbors were across the street. Commissioner Huskins asked if the cantilever did anything relative to the setback from the front of the property. Planning Director Darling stated that it was a 1 foot cantilever and noted that the current home is slightly within the setback. Commissioner Holker stated that she thought the house currently had a cantilever. Planning Director Darling clarified that it has a roof over a porch on the front of the home. She reviewed the renderings that showed the proposed location of the cantilever. Matt Sayer, 17930 Third Avenue N, Plymouth, stated that the bump out on the right side is about 10 inches and is just meant to add a little architectural detail to what is a ‘plain Jane’ house. He stated that the detached structure only has yard space leading up to it and has been used as storage, which is most likely how they would continue to use it. He stated that from what he can tell is that the prior homeowners have just driven over the yard space in order to access this building. He stated that the prior owner had apparently fixed up old Model T cars in in and noted that the doors is not standard garage door and are barn doors. Commissioner Holker noted that the packet had it listed as ‘existing barn’. Mr. Sayer stated that the driveway grade is fairly minor at about 2.5 to 3 feet so he was thinking they could have a row of boulders and not a typical retaining wall in order to help ensure the water remains on his property. Commissioner Huskins stated that he had not known the history of the property and explained that when he had put this address into Google Maps it came back with the ‘Minnesota Valley Model T Club’. Mr. Sayer stated that he was the new owner and was not running a business out of the property and explained that the former owner was in his 80s and did the restoration work for the Model Ts. Commissioner Holker asked if Mr. Sayer had spoken to any of the other neighbors about this project, especially the neighbor behind him. Mr. Sayer explained that he had introduced himself to them just before Christmas and noted that those neighbors are snowbirds who spend winters in Montana but planned to speak to them when they get back in town. He noted that they had designed everything with the idea that a variance would not be needed so he was surprised to find it was needed and explained that he had assumed that if he stayed within the existing footprint that it would be okay. He stated that he does not anticipate that the neighbors will have any problems with what he is proposing, but he had not spoken with them. Planning Director Darling explained that she had spoken with the property owners to the north. She noted that they had expressed a bit of concern about drainage but she was able to explain the staff recommendations to them and they seemed comfortable with what was proposed. She CITY OF SHOREWOOD PLANNING COMMISSION MEETING MARCH 19, 2024 Page 4 of 11 stated that she gave them (and anyone) the option of submittng letters to the City since they could not attend the meeting. Vice-Chair Eggenberger asked if Mr. Mayer had read through all the staff recommendations if he had any issue with any of them. Mr. Sayer stated that he had read them all and felt they were reasonable and explained that he would be happy to abide by their recommendations. Johnson moved, Holker seconded, recommending approval of the variance request by Matthew Sayer to Expand a Non-Conforming Home located at 20750 Garden Road, subject to the conditions as outlined in the staff report. Motion passed 4/0. Planning Director Darling stated that this item will be on the April 8, 2024 City Council meeting. 5. PUBLIC HEARINGS Vice-Chair Eggenberger 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 – AMENDMENT TO CREATE CONTENT NEUTRAL SIGN REGULATIONS Applicant: City of Shorewood Location: City-wide Planning Director Darling outlined the reason behind the proposed amendments in order to create content neutral sign regulations. She briefly explained what was proposed to be changed and noted that following the last meeting, the City Attorney has reviewed the proposed changes and noted that their comments had been summarized within the staff report. She explained that staff was recommending approval of the zoning regulations as proposed. She reminded the Commission that this is a public hearing item and noted that the City had received a letter from Alan Yelsey, 26335 Peach Circle, and noted that his comments are part of the official record. Vice-Chair Eggenberger opened the Public Hearing at 7:29 P.M. No one appeared to address the Commission so Vice-Chair Eggenberger closed the Public Hearing at 7:29 P.M. Commissioner Holker asked if the Commission had seen the yard requirements and special district provisions portions prior to tonight. Planning Director Darling explained that she had previously referred to it but was not sure that she gave the Commission details about these sections. Commissioner Holker asked if that was intended to be included in the Commission’s recommendation to the Council. Planning Director Darling stated that the would be part of the recommendation and explained that these items were more ‘housekeeping’ type items and shared examples. CITY OF SHOREWOOD PLANNING COMMISSION MEETING MARCH 19, 2024 Page 5 of 11 Commissioner Huskins asked about non-commercial speech signs for multiple family dwellings. He explained that when he first read it, it sounded as if non-commercial speech signs were somehow altered if there was a multi-family dwelling. He gave the example of there being a multi- family dwelling that had 30 residents if they could all put out as many signs as they wish. Planning Director Darling stated that during the election period, per City ordinance, any property may have any number or size of signs. She stated that for a multi-family residence when they are renting a unit, they would have to clear putting the signs out on the property with their landlord. Commissioner Huskins asked if the landlord would have that discretion. Planning Director Darling confirmed that the landlord would have that discretion because they are the property owner. Commissioner Huskins stated that he felt the City was trying to be as open as possible in terms of signage and content, but that makes it seems as though there is still an individual who could prohibit free speech. Planning Director Darling stated that she did not believe the City would stop an owner of an apartment building from saying that they want to have signs installed on their property or not. Commissioner Johnson noted that her HOA does not permit signs. Commissioner Huskins stated that he would like to revisit the discussion with ‘aesthetic’ and noted that he would take the City Attorney’s word at face value the opinion that it strengthens the code, but explained that he still believed that it sets the City up for challenges because of the non- specific definition of what can or cannot be considered ‘aesthetic’. Planning Director Darling stated that she believes that what they consider the community’s aesthetic is clearly defined by the code that is under review and shared examples. Commissioner Huskins asked whether the content that the City is not proposing to regulate would extend to languages other than English. Planning Director Darling stated that she cannot stop someone from putting up a sign with Chinese or Norwegian words, but could tell them that the sign face would have to meet the City requirements. Commissioner Holker referenced the letter written by Mr. Yelsey and his second question about keeping up year-round type political signs. She stated that if the citizen does that within the regulations related to size and other aspects outside of a non-campaign period, her understanding is that they could still have a political message displayed. Planning Director Darling confirmed that they could still have a political message displayed so referenced restrictions outside of the political season, such as not be located within the public right-of-way and have to be 5 feet back from their property line. Commissioner Holker noted that the regulations as proposed tonight appear to meet the two concerns raised by Mr. Yelsey. Planning Director Darling stated that she believed so but noted that the City differentiates slightly between commercial and non-commercial language for residential properties. CITY OF SHOREWOOD PLANNING COMMISSION MEETING MARCH 19, 2024 Page 6 of 11 Commissioner Huskins asked if the City Attorney had reviewed the letter submitted by Mr. Yelsey. Planning Director Darling stated that she had not asked the City Attorney to review Mr. Yelsey’s letter, but noted that they would get a copy of the packet. Commissioner Huskins noted that the other point made in Mr. Yelsey’s letter was related to theft and he keeps coming back to the fact that Shorewood is a complaint-driven enforcement City without resources to be able to proactively look for this type of violation and prosecute them. He stated that he got the impression that Mr. Yelsey was indirectly asking the City to change its policy. Planning Director Darling stated that this would be a challenge with their current staffing level and would need to be a policy decision made by the Council because it would require adding staff members. Council Liaison Sanschagrin noted that he feels that the City could probably do a better job of communicating that removal of signs and theft like this is a criminal offense. Commissioner Huskins stated that he feels that this communication should probably be coupled with a statement on the City’s position on what recourse the resident would have if they are involved in a theft situation. Commissioner Johnson asked if there was any limitation on things that may incite riots or anything similar. Planning Director Darling stated that if they are advocating for violence, she believe there is likely something under a State or Federal statute, such as a hate crime, which may provide some means to remove them, but without advocating for violence she does not think there is much that can be done. She explained that she did not think the City could put anything like that in the sign code in order to regulate this. She explained that she understood Commissioner Johnson’s point that some things can stir someone to violence. Huskins moved, Holker seconded, recommending approval of the Zoning Regulation Amendments for Content Neutral Signage, as presented. Motion passed 4/0. B. Discussion of Amendments to Implement High Density Housing Land Use Classification and Related Amendments Applicants: City of Shorewood Location: City-wide Planning Director Darling reviewed the proposed amendments to the High Density Housing Land Use Classifications. She explained this is proposing to create a zoning district that allows for the higher density land use such as apartments and multi-family dwellings. She noted that there are currently no properties that are within the R-3B zoning district so by redrafting this portion they would not be making any properties non-conforming. She reviewed different examples of housing and the expected density that you may find with each of them and what the Commission would like to see in the City. She reviewed the other general questions that she would like the Commission to consider including setbacks, height, guest parking for townhomes, and townhomes continuing to be allowed only by PUD. She reviewed details of the three properties that are guided for high density and would eventually need to be rezoned once the district is redrafted. CITY OF SHOREWOOD PLANNING COMMISSION MEETING MARCH 19, 2024 Page 7 of 11 Commissioner Holker asked if the City was, at this point, just trying to identify various properties in case someone may be interested in this kind of development in the future. She stated that she wanted to make sure that the City was not forcing redevelopment on anyone or getting eminent domain involved. Planning Director Darling noted that was correct and the City was not forcing anything on anyone involved and stated that the eminent domain process can be very expensive. Commissioner Huskins stated that if someone came forward with a project that used a parcel that would then be zoned R-3B and it was lower density if that meant that they would have the right to apply for a PUD. Planning Director Darling explained that if they want to go lower than the density indicated, they would need a Comprehensive Plan amendment. Commissioner Johnson stated that she is trying to imagine some use for the dredging property and noted that she felt it would be a tight fit for the townhouse units. Planning Director Darling stated that for that particular property, they would have to look at an apartment community and not townhomes. Vice-Chair Eggenberger asked how close the State zoning preemption legislature is on residential requirements. Commissioner Johnson asked if this had been voted on within the legislature. Planning Director Darling stated that it has been before various committees, but not the full legislature. She stated that the preemption language is a separate topic and would update the Commission at the end of the meeting. Commissioner Huskins noted that there had been a good article in The Sun Sailor about the mayors meeting that made it seem like it was pretty far along in the process. Vice-Chair Eggenberger referenced the last bullet point in the staff report recommendations and asked for further explanation of what was meant in this section of the report. Planning Director Darling explained that the zoning ordinance in the City only allows townhomes to be approved through a PUD and does not allow them in a standard zoning district. She stated that she has concerns with that, not so much related to the high density land use district, but for some of the low- to medium-density areas. She explained that there does not seem to be anything on face value that would make townhouses problematic. She stated that she thinks it may be because most of them want to have private drives accessing individually owned units, but explained that not all townhomes are subdivided so each unit has its own parcel. She noted that sometimes they are built as a rental community so they are all on one parcel or they can be built as condominiums, but the land underneath is not subdivided like the buildings. She clarified that this is something that she questioned within the City’s zoning ordinance. Commissioner Holker asked if the Commission was being asked to make a recommendation today or if this was just the beginning of taking a look at these specific items. CITY OF SHOREWOOD PLANNING COMMISSION MEETING MARCH 19, 2024 Page 8 of 11 Planning Director Darling asked the Commission to take a look at the specific things she called out in her staff report and if they have strong feelings about any of them as she works on the draft ordinance amendments that they let her know. She explained that she was planning to bring the draft amendments to one of the next Commission meetings. She clarified that tonight’s agenda item was intended to be an introduction unless the Commission felt comfortable giving staff some direction. Commissioner Huskins asked Planning Director Darling about the guest parking requirements. Planning Director Darling explained that many cities require that a townhouse development provide some guest parking. Commissioner Johnsons stated that she felt that was a really good requirement for the City to have. Commissioner Holker stated that she felt that this requirement may be subject to what the development actually looks like and gave the example of a development that had longer driveways and two-car garages if whether in that situation additional guest parking would still be needed. She explained that she lived in The Villas at the MCC subdivision and they do not have guest parking, nor is it needed because of the way the development was done. Planning Director Darling noted that The Villas also has street parking available and agreed that if there was street parking a development probably would not need to have guest parking. Commissioner Huskins stated that he had raised this topic because the spirit of this district would be high density and to him it sounds like they would be deviating from higher density with things like more generous setbacks and guest parking. Commissioner Johnson stated that she feels that adding more of these things like more generous setbacks and guest parking would make higher density more palatable. Commissioner Huskins explained that he was referring more to the physical space and acreage for this type of use. Commissioner Johnson stated that they could have underground parking for residents and would obviously need planning. Commissioner Huskins stressed that he felt the City should be honest and if they are developing the district and instead of saying 30 units per acre, perhaps they are actually saying 8 units per acre. He suggested that the City should stop saying that 30 units per acre should go there because he feels the difference between 30 units and 8 units is large. He stated that he would support taking away some of the amenities and use of land for these kinds of things in order to move back in the direction of higher density. Planning Director Darling stated that the Commission had made some good points in this discussion. Commissioner Huskins explained that he understands that what is being proposed are useful and possibly even necessary things to do, but he hopes that when things get to the full definition is the City has a goal of the maximum density on that property that it is reflected more clearly. CITY OF SHOREWOOD PLANNING COMMISSION MEETING MARCH 19, 2024 Page 9 of 11 Vice-Chair Eggenberger noted that some of these details would have to be worked out within the actual plan that comes forward. The Commission discussed various scenarios that may arise if a developer came to the City with different types of projects and what type of regulations need to be spelled out in order for them not to feel duped when they come before the City. C. Nomination and Election of Officers Commissioner Huskins put himself forward to serve as Vice-Chair. Commissioner Johnson nominated Commissioner Eggenberger to serve as Chair, but wasn’t sure how current Chair Gorham felt about the situation. Commissioner Holker stated that she had made that same nomination last time and then it ended up getting switched. Vice-Chair Eggenberger explained that last year he was elected Chair and had given it up for Chair Gorham because he felt that Chair Gorham had wanted it more than he did. He asked if these positions could be rotated every year rather than re-electing the incumbents because it would give others a chance to step up and be in leadership positions. Commissioner Holker stated that the nominations that are on the table would fulfill that desire. Commissioner Johnson asked if that would fulfill the Bylaw requirements for the Planning Commission. Vice-Chair Eggenberger stated he believed that they can nominate or elect anyone they wanted. He explained that in the past it just seemed to be a given that whoever served in this position would continue on in that same position and clarified that if the positions rotated it, did not mean that somebody was not doing a good job. Vice-Chair Eggenberger nominated Commissioner Holker to serve as Chair. Commissioner Huskins reiterated the nomination of Commissioner Eggenberger to serve as Chair. Vice-Chair Eggenberger suggested that they take a vote on the 2 nominees for Chair: Commissioner Holker – 1 vote Commissioner Eggenberger – 3 votes Commissioner Eggenberger was elected as Chair of the Planning Commission for 2024. Vice-Chair Eggenberger suggested a vote on the nomination of Commissioner Huskins to serve as Vice-Chair: Commissioner Huskins – 4 votes Commissioner Huskins was elected as Vice-Chair of the Planning Commissioner for 2024. CITY OF SHOREWOOD PLANNING COMMISSION MEETING MARCH 19, 2024 Page 10 of 11 Commissioner Holker explained that this election process became somewhat convoluted last year and asked that the Commission stick with the election results and clarified that this was not intended as a ‘shot’ against Chair Gorham or Vice-Chair Eggenberger. Commissioner Johnson stated that she agreed and if an issue should arise she believes it should come before the whole Planning Commission. D. 2024 Work Program and Schedule of Meetings Planning Director Darling noted that the work program for the Planning Commission is always dominated by development applications because of their statutory deadlines and following those items, the plan would include work on code amendments to implement the Comprehensive Plan, building and/or grading amendments, amendments to CUPs and site plan applications, subdivision regulations, possible changes to commercial districts related to THC licensing, potential amendments to tree preservation ordinance and policy, and steep slope regulations. Vice-Chair Eggenberger asked if the idea was to work on all of these items at the same time or if they would be tackled on at a time. Planning Director Darling explained that she thinks they will need to be taken on one by one and explained that this was partly due to staffing. She explained that the City’s Planning Department has 3.5 individuals and noted that because the development applications take precedence those take their time away from the work that will be able to be done on the code amendments. She noted that the Council had included some money within her budget to hire consultants. The Commission discussed what may happen to properties that become legally non-conforming because of zoning or code amendments. E. Liaisons for Upcoming Council Meetings March – Commissioner Holker April - Commissioner Eggenberger May – Commissioner Huskins June – Commissioner Johnson July – Commissioner Eggenberger 6. REPORTS • Council Meeting Report Council Liaison Sanschagrin reported on matters considered and actions taken during the Council’s recent meetings. • Draft Next Meeting Agenda Planning Director Darling stated there are a variance application, a subdivision, and will consider the first draft of the multi-family housing ordinance slated for the April 2, 2024 Planning Commission meeting. She outlined some of the upcoming schedule changes within the City meeting schedules due to the number of elections that will be held in 2024. CITY OF SHOREWOOD PLANNING COMMISSION MEETING MARCH 19, 2024 Page 11 of 11 Planning Director Darling updated the Commission on the pre-emption language in legislature and shared examples of a few of the most recent versions and explained that they have been changing week to week which has been confusing. Commissioner Huskins asked if there was a way for the Commission to stay more informed from week to week about what is being considered by the legislature. Planning Director Darling offered to forward her weekly update from the League of Minnesota Cities to the Planning Commission. Commissioner Johnson suggested that it may also be a good idea for the City to discuss what is happening in some type of publication for the residents so they also understand what is happening. Planning Director Darling stated that putting something into a publication would be difficult because it is truly changing so quickly and reiterated that it is different from week to week. Commissioner Johnson noted that even if the details are hard to accurately pinpoint, the concept is that local cities will not be able to determine their own zoning fate, which she thinks should be communicated to the residents. 7. ADJOURNMENT Huskins moved, Holker seconded, adjourning the Planning Commission Meeting of March 19, 2024, at 8:52 P.M. Motion passed 4/0.