PLANNING COMMISSION MEETING MINUTES September 25, 2017 7:00pm 1) Call to Order Chair Sandholm opened the meeting at 7:00 p.m. In attendance: Commissioners: Chair Lora Sandholm, Peter Vickery, Gary Pettis, Damian Young, Justin Forbrook, Steve Livermore and John Tschumperlin; Council Liaison: Patricia Thoele; Staff: City Planner Nickolas Olson and City Clerk Kris Linquist. Absent: None a) Approval of Agenda
Motion by Vickery and seconded by Tschumperlin to approve the agenda as presented. Motion passed 7-0. Absent: None b) Approval of Minutes – August 28, 2017
Motion by Young and seconded by Vickery to approve the minutes from August 28, 2017 as presented. Motion passed 7-0. Absent: None Public Hearings a) VARIANCE: Application from James R & Denita K Huisinga to reduce the required side yard setback from 15 feet to 12.4 feet and reduce the required riparian view shed setback from 94 feet to 80.1 feet to allow for a home addition and new deck at 5890 Hardscrabble Circle; R-1 Low Density Single Family Residence Zoning District; PID# 26-117-2414-0013. Olson presented the staff report as found in the Planning Commission packet dated September 25, 2017. Highlights included: The Applicants purchased the property in May of 2016. The existing home was built in 1975. The common property line between the property and the home to the south is heavily wooded, which makes the impact of the deck on the neighbor’s riparian view far less for most of the year. The Applicants are also adding on a dining room off the kitchen.
The City of Minnetrista will deliver quality services in a cost effective and innovative manner and provide opportunities for a high quality of life while protecting natural resources and maintaining a rural character. Planning Commission Meeting Minutes – September 25, 2017
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Staff notified all residents within 500 feet. To date, staff has not received any comments or concerns from neighbors in regards to the requested variance. Finding of fact are as follows: 1. The proposed addition and deck project is in harmony with the general purposes and intent of the City’s zoning ordinance; 2. The proposed addition and deck project is consistent with the City’s comprehensive plan; 3. The existing home does not currently have a deck; 4. The proposed deck meets the minimum required lakeshore setback of 75 feet; 5. The proposed addition has been designed to keep the roofline lower than the existing roof to help minimize the impact of the encroachment into the side yard setback requirement; 6. The existing home is not centered on the lot and is much closer to the northern property line. This is the most reasonable location for the dining room addition given the existing floor plan of the home; 7. The existing home does not meet the required riparian view shed setback, which means any deck would require a variance. This presents a unique circumstance to the Applicants that they did not create; and 8. The proposed addition and deck project results in a home similar in size and massing to that of neighboring homes, consistent with the character of the neighborhood.
Pettis questioned if the applicants wanted to enclose the deck at a later date, would it require another variance. Olson stated that it would. Young questioned where the trees were located. The applicant stated they are on both his property and the neighbors. Chair Sandholm opened the public hearing at 7:06 p.m. There was no one present to speak on this item. Chair Sandholm closed the public hearing at 7:06 p.m. Motion by Forbrook and seconded by Pettis to recommend the City Council approve the requested side yard setback variance and riparian view shed setback variance at 5890 Hardscrabble Circle based on the findings of fact in the staff report and subject to the following conditions: 1. The Applicants obtain all necessary permits and approvals from the City and other applicable entities with jurisdiction prior to any construction;
The City of Minnetrista will deliver quality services in a cost effective and innovative manner and provide opportunities for a high quality of life while protecting natural resources and maintaining a rural character. Planning Commission Meeting Minutes – September 25, 2017
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2. Any required grading should maintain existing drainage patterns or improve the existing drainage of the lot and adjacent lots; 3. The Applicants are responsible for all fees incurred by the City in review of this application; and 4. The variance approval is valid for one year from the date of approval and will become void and expire unless a building permit has been issued for the site. Motion passed 7-0. Absent: None b) VARIANCE: Application from Thomas & Patricia Scherber to reduce the required front yard setback from 35 feet to 26 feet and reduce the required lakeshore front yard setback from 35 feet to 26 feet and reduce the required lakeshore setback from 75 feet to 29 feet to allow for the construction of a new home at 3810 Enchanted Lane; R-1 Low Density Single Family Residence Zoning District; PID# 25-117-24-430004. Olson presented the staff report as found in the Planning Commission packet dated September 25, 2017. Highlights included: The Applicants purchased the property in 2017. The existing home on the property was built in 1935 and is in poor condition from water damage. Enchanted Lane does not travel within the platted right-of-way. It actually travels on the Applicants property. Due to this fact, the buildable area of the property is significantly reduced when setbacks are applied. Staff notified residents within 500 feet. To date, staff has not received any comments or concerns from neighbors in regards to the requested variance. Finding of Fact are as follows: 1. The proposed new home is in harmony with the general purposes and intent of the City’s zoning ordinance; 2. The proposed new home is consistent with the City’s comprehensive plan; 3. The proposed new home maintains front yard and lakeshore setbacks similar to that of other neighboring homes, which is a reasonable request; 4. Enchanted Lane does not travel within platted right-of-way and actually travels on the property. It is because of this fact that the size of the building pad for the property is significantly reduced, which presents a unique circumstance that the Applicants did not create; and 5. The proposed new home is within the maximum building height requirements and in terms of size and massing relative to the property, the proposed home is similar to neighboring The City of Minnetrista will deliver quality services in a cost effective and innovative manner and provide opportunities for a high quality of life while protecting natural resources and maintaining a rural character. Planning Commission Meeting Minutes – September 25, 2017
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homes, which is consistent with the character of the neighborhood. Pettis expressed concerns with allowing a 26 foot lakeshore setback when the DNR has set a 75 foot lakeshore setback for erosion and other concerns for the lakes. Bruce Anderson, project manager for the applicant, overviewed the intention of having a buffer for the lake to keep it clean. There is a flood plain mitigation application with the watershed district. Olson overviewed the new drainage plan. Chair Sandholm opened the public hearing at 7:22 p.m. There was no one present to speak on this item. Chair Sandholm closed the public hearing at 7:23 p.m. Motion by Livermore and seconded by Tschumperlin to recommend the City Council approve the requested front yard setback variance and lakeshore setback variance at 3810 Enchanted Lane based on the finding of fact in the staff report and subject to the following conditions: 1. The Applicants obtain all necessary permits and approvals from the City and other applicable entities with jurisdiction prior to any construction; 2. Any required grading should maintain existing drainage patterns or improve the existing drainage of the lot and adjacent lots; 3. The Applicants are responsible for all fees incurred by the City in review of this application; and 4. The variance approval is valid for one year from the date of approval and will become void and expire unless a building permit has been issued for the site. Motion passed 7-0. Absent: None c) VARIANCE: Application from Bryan J & Kristen J Ophaug to reduce the required side yard setbacks from 15 feet to 12.1 and 11.9 feet, on the north and south property lines respectively, to allow for a 14 foot deck at 5360 Eastview Avenue; R-1 Low Density Single Family Residence Zoning District; PID# 12-117-24-24-0005. Olson presented the staff report as found in the Planning Commission packet dated September 25, 2017. Highlights included: This is the third time the Applicants have applied for a variance at the Property. The previous variances were the same side yard setbacks as proposed tonight that allowed for a home remodel. The City of Minnetrista will deliver quality services in a cost effective and innovative manner and provide opportunities for a high quality of life while protecting natural resources and maintaining a rural character. Planning Commission Meeting Minutes – September 25, 2017
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The Applicants now want a 14 foot deck instead of a 10 foot deck, the 14 foot deck meets both the riparian view shed setback as well as the minimum required lakeshore setback. Staff notified residents within 500 feet. To date, staff has spoken with one neighbor in regards to the requested variance. The neighbor was looking for clarification to the variance request. Finding of fact are as follows: 1. The proposed 14 foot deck is in harmony with the general purposes and intent of the City’s zoning ordinance; 2. The proposed 14 foot deck is consistent with the City’s comprehensive plan; 3. The proposed increase in size from the previously approved 10 foot deck to a 14 foot deck is a reasonable request because there is no further encroachment into the side yard setbacks than previously approved and the 14 foot deck meets the required riparian view shed setback when the decks of neighboring homes are included as stated by ordinance; 4. The Applicants purchased the Property with the home in its current location and previously received approval in 2016 to remodel the home with a second story and a 10 foot deck. The proposed 14 foot deck maintains the side yard setbacks of the home and deck as previously approved and whose location did not move nor was created by the Applicants; and 5. The proposed 14 foot deck is in line with the homes on either side of the property, consistent with the character of the locality.
Chair Sandholm opened the public hearing at 7:28 p.m. There was no one present to speak on this item. Chair Sandholm closed the public hearing at 7:28 p.m. Motion by Vickery and seconded by Young to recommend the City Council approve the requested front yard setback variance and lakeshore setback variance at 3810 Enchanted Lane based on the finding of fact in the staff report and subject to the following conditions: 1. The Applicants obtain all necessary permits and approvals from the City and other applicable entities with jurisdiction prior to any construction; 2. Any required grading should maintain existing drainage patterns or improve the existing drainage of the lot and adjacent lots; 3. The Applicants are responsible for all fees incurred by the City in review of this application; and
The City of Minnetrista will deliver quality services in a cost effective and innovative manner and provide opportunities for a high quality of life while protecting natural resources and maintaining a rural character. Planning Commission Meeting Minutes – September 25, 2017
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4. The variance approval is valid for one year from the date of approval and will become void and expire unless a building permit has been issued for the site. Motion passed 7-0. Absent: None 2) Business Items – None 3) Informational Items a) Staff Reports – City Planner Nickolas Olson Update on the PUD for Red Oak Woods Update on the October agenda b) Council Reports – Councilmember Patricia Thoele
Update on The Villas at Red Oak Update on Enchanted Lane and Tuxedo Road
4) Adjournment Motion by Young and seconded by Livermore to adjourn the meeting at 7:45 p.m. Motion passed 7-0. Absent: None Respectfully submitted,
Kris Linquist Kris Linquist City Clerk
The City of Minnetrista will deliver quality services in a cost effective and innovative manner and provide opportunities for a high quality of life while protecting natural resources and maintaining a rural character. Planning Commission Meeting Minutes – September 25, 2017
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