2/10/2021 - Planning Commission - Regular - AgendasCITY OF SPRING PARK
PLANNING COMMISSION AGENDA
FEBRUARY 10, 2021 - 6:00 PM
SPRING PARK CITY HALL
On Lake Minnetonka
1. CALL TO ORDER
2. PLEDGE OF ALLEGIANCE
3. ROLL CALL
4. ADOPT AGENDA
5. APPROVAL OF MINUTES
a. January 13, 2021 Planning Commission Minutes
6. CONSIDERATION / DISCUSSION ITEMS
a. Setback Discussion
7. COMMUNICATIONS
8. MISCELLANEOUS
a. Planning Commission Duties
9. ADJOURNMENT
SPRING PARK
On Lake 31nnemrcka
1. CALL TO ORDER
2. PLEDGE OF ALLEGIANCE
3. ROLL CALL
Present: Hoffman, Kaczanowski, Avalos, Mason
Remote: Homan
CITY OF SPRING PARK
PLANNING COMMISSION MINUTES
JANUARY 13, 2021 — 6:00 PM
SPRING PARK CITY HALL
4. ADOPT AGENDA
Motion to adopt the agenda — M/Avalos, S/Kaczanowski, all votes in favor with the addition of 2
items of discussion under communications.
5. APPROVAL OF MINUTES
a. November 18, 2020 Planning Commission Minutes
M/Avalos, S/Mason to approve the minutes. Motion carried 5-0.
b. December 16, 2020 Planning Commission Minutes
M/ Kaczanowski, S/Avalos to approve the minutes. Motion carried 5-0.
6. CONSIDERATION/DISCUSSION ITEMS
a. 3872 Northern Ave Variance Application
i. Staff Presentation
City Planner Brixius reviewed the Land Use Application No. 2 1 -01 VAR for a variance for a
reduced side yard setback from 10 feet to 7.5 along the west side and 7.9 feet along the east side to
allow for removal of a blighted house and construction of a new house at 3872 Northern Avenue in
Spring Park Minnesota. Brixius stated the property has a single-family home that is in a
deteriorated state and currently a hazard to the community. He stated elimination of the blighted
property is improvement and will increase home values for the neighborhood.
Discussion was had on the new build, Kristen Erickson and Ethan Kindseth of Alma Homes were
present to answer questions.
ii. Public Hearing
Motion made to open the public hearing at 6:12 pm — M/Avalos, S/Mason, all votes in favor.
Kim Sippel of 2241 Hazeldell Avenue, Tyler Roethle of 3940 Northern Avenue, Molly McNellis of
3862 Northern Ave and Jon Yedoni of 3916 Northern Ave all spoke in favor of the variance. Avalos
inquired whether the neighbor next door was in favor of the new build being that close to her property
and Molly stated she was in favor of the plan.
Motion made to close the public hearing at 6:25 pm — M/Mason, S/Avalos, all votes in favor.
iii. Discussion
Discussion was had on the current ordinance and setbacks along with the importance of staying in
line with the current ordinance, yet when given an opportunity for such an improvement an
exception should be made. Brixius stated that the variance allows for reasonable use of the lot and
that the variance is needed to overcome existing difficulties unique to the property. Brixius reviewed
the conditions of the variance including submittal of a grading and drainage plan with the building
permit. Further discussion was had on the new build. Brixius stated the plan pays respect to both
side properties and that it is a good project.
iv. Recommendation
Motion made to recommend approval for a variance for a reduced side yard setback from 10 feet to
7.5 and 7.9 feet to allow for removal of a blighted house and construction of a new house at 3872
Northern Avenue in Spring Park Minnesota.
M/Mason, S/ Kaczanowski; Roll call vote being taken. Avalos, Mason, Kaczanowski, Homan in favor;
and Hoffman against. Motion passed 4-1.
7. COMMUNICATIONS
Mason stated he would like minutes of the Planning Commission be sent to the Council. Tolsma
informed Mason that when minutes are approved, they are put online for review. Hoffman stated
he would rather see less paper and recommends going paperless.
Discussion was had on Planning Commission terms and attendance reports. Consensus was that no
changes should be made unless they start having issues.
Discussion was on the agenda process. Hoffman noted that additional items for discussion should be
discussed with Tolsma the week in advance of the meeting to be put on the agenda.
8. MISCELLANEOUS
a. Chair/Acting Chair Assignments
Tolsma brought forward a discussion in assigning a chair for planning commission. He asked the
Planning Commission if we want to look at assigning a chair on an annual basis. Discussion was had
and the consensus was to keep everything the same for now.
Further discussion was had on the variance presented at tonight's meeting and possibly making
changes to the ordinance especially in respect to blighted properties, as well as what constitutes a
reasonable side yard setback for properties that are less than standard width (<50 ft.) in Spring Park.
The commission agreed that they should continue to discuss the issue of setbacks at a future meeting
as they all felt it was a positive discussion and an important topic for the City moving forward.
9. ADJOURNMENT
Motion made to adjourn the meeting at 7:32 pm — M/Avalos, S/Kaczanowski, All votes in favor.
City of Spring Park
Side yard Setbacks
R-1 Standards Spring Park
• Lot area. r
• Single-family detached dwelling units. 10,000 sq. ft.
• Two-family dwelling units. 12,000 sq. ft.
• Lot width. 50 feet.
• Setbacks
• Side yard.
• Interior lot line. No less than ten feet.
Lot Area Map
Single Family Residential Lot Sizes
City of Spring Park
�J
1 uYAYMM1p
Area (Square Feat
....__._ 1,550 - 5,000 (33 properties)
5,000 - 10,000 (128 properties)
- 10,000 - 15,000 (08 properties)
- 15,000. 25,000 (63 properties)
- 25,000 - 45,000 (16 properties)
I■1
Lot Width Map
Lot Width
City of Spring Park
Parcel Width
R1 Zoning (# of Parcels)
0-20 feet
2
20-30feet
4
30-40feet
11
40-50feet
28
Total
45
Mo d
I if MII
R-1 Zoning
Width
- 15 - 20 feet
—�--- -" _ 20 - 30 feet
30 - 40 feet
40 - 49.99 feet
17'—
City Limits
a+nuv`L--1
_ T__�_ - or"M
Lake Minnetonka
Miles
0 0.05 0.1 0.2 0.3
se..2
c .,q, C*y d spas r..k
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Nonconforming & Lots of Record
Lots of Record
A lot of record existing upon the effective date of this chapter in a residential district which does
not meet the requirements of this chapter applicable in such district as to area or width may be
utilized for single-family detached dwelling purposes provided that:
It has been assessed for water/sewer service.
Setbacks shall be in conformance with district standard.
Single-family buildings.
Lawful nonconforming buildings and structures may be expanded to improve livability and/or
utility, provided the structure is not expanded into the required setback areas, for uses which
conform to the provisions of this chapter. Nonconforming buildings or structures may be
remodeled and/or altered, both structurally and nonstructurally, with respect to the exterior
and/or interior and/or roof of such buildings or structures, as well as maintained and repaired in
their state as of November 20, 1984, as well as in any state in which they shall have been put as
provided for in this chapter from and after November 20, 1984, provided that the nonconformity
of the buildings or structures will not be increased. For single-family homes located outside of a
FEMA Floodplain, vertical expansion of the house above the existing footprint of a structure shall
not constitute an increase in the nonconformity.
Variances Criteria
In considering any request for a variance and in taking subsequent action, planning commission
and the city council, serving as the board of adjustment and appeals, shall make a finding of fact
that the granting of such variance will not:
• Impair an adequate supply of light and air to adjacent property.
• Unreasonably increase the congestion in the public streets.
• Increase the danger of fire or endanger the public safety.
• Unreasonably diminish or impair established property values within the neighborhood, or in any
other way be contrary to the intent of this chapter.
• Violate the intent and purpose of the city comprehensive plan.
• variance from the requirements of this chapter shall be permitted only when:
• The requested variance is in harmony with the general purposes and intent of the zoning
ordinance; and
• The requested variance is consistent with the city's comprehensive plan
Variances Criteria
• A variance may be granted when the applicant establishes that there are practical difficulties in
complying with the zoning ordinance without a variance. As used in connection with the granting
of a variance, the term "practical difficulties" means that:
• The property owner proposes to use the property in a reasonable manner not permitted by the
zoning ordinance;
• The plight of the land owner is due to circumstances unique to the property not created by the
land owner; and
• Economic considerations alone do not constitute practical difficulties.
• Practical difficulties may include, but are not limited to, inadequate access to direct sunlight for
solar energy systems.
• The unique circumstances of the property, such as topography, lot size or shape, or water
conditions, which cause practical difficulties in the reasonable use of the property; and
• The requested variance is the minimum variance from the zoning ordinance required to make
reasonable use of the property.
• Conditions may be imposed on the granting of a variance, provided the conditions are directly
related to the impact created by the variance and bear a rough proportionality to the impact
created by the variance.
Variances
A variance may be granted if the landowner can satisfy a three -
factor "practical difficulties" test. These three factors are:
Reasonableness: Will the variance allow the property owner to
use the property in a reasonable manner?
Uniqueness: Is the variance necessary because of circumstances
unique to the property (not caused by the landowner)? For
example, does a steep slope prevent usual setbacks? (Practical
difficulty)
Essential character: Will the variance alter the essential character
of the locality? For example, will the resulting structure be out of
scale, out of place, or otherwise inconsistent with the surrounding
a rea?
Frequency
Spring Park has multiple lots that are legal nonconformities.
These properties may be bought and sold, with each new
property owner allowed to continue on as before. Property
owners may also repair, replace, restore, maintain, and improve
their nonconformities. However, expansion is not protected
which is often how nonconformities end up as an issue before
city councils.
Recently, every application for expansion and total
redevelopment submitted to the City require variances to be
completed.
N
c�
Expansion of Existing Home
Berry Variance
10,000 sq. ft.
Single -Family*
50 ft.
30 percent
30 ft.
10 ft.
10 ft.
50 ft.
9,165 sq. ft.
48 ft.
3,316 sq. ft.
(36.18%)
73ft
10.6ft
(approx.)
(approx.)
3.1 ft.
1 ft
(approx.)
19.2 ft.
31 ft
58.1 ft.
93.7 ft
(approx.
N / A
No * Existing
Condition
N/A
No
3,632 sq. ft.
No * 40% is
(39.62%)
allowed with
SMP
41 ft. (approx.)
Yes
3.1 ft.
No
19.2
Yes
58.1 ft.
Yes
Expansion of ExistingHome
Berry Variance
Existing Approved
Cort"JIaAe to of war"T
-for -- Nate Richter
4317 Channel Road
Spring Park. MN 55384
ROAD
-- GNA�J3E846•Vv .
'10
Y`
DESCRIPTION OF PROPERTY.•
Lot 3, SUBDIVISION OF LOT 1 SKARP
AND LINDOUISTS ROSE HILL. Hennepin
Hill .OHOTHAMCOM
32-u -'8_
IMPERVIOUS SURFACE COVERAGE
EXISTING HOUSE:
1,147s.f.
NEW GARAGE/STAIRS?ENTRY
950 S. f
NEW BLACKTOP:
1,092 s.f
NEW SIDEWALK
113 s.f.
NEIGHBORS CONC.
76 s.f
DECK
254 s.f.
TOTAL IMPERVIOUS: 3,
LOT AREA (TO OHM 9,
IMPERVIOUS COVERAGE: a
Total Redevelopment — McNellis Variance
10,000 sq. ft.
7,359 sq. ft.
N / A
No *Existing
Single -Family*
Condition
50 ft.
41.52 ft.
N / A
No *Existing
Condition
30 percent
916 sq. ft.
2,100
Yes
(12.45%)
sq. ft.
(28.55
30 ft. 30 ft 30 ft Yes
(approx.)
10 ft. 11.9 ft. 7.9 ft. No
10 ft. 9.7 ft. 7.5 No
Total Redevelopment — McNellis Variance
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Other Cities Orono
R1-A, R1-B, LR-1 B, LR-1 C, LR1 C-1 Side yard setback. For lots that are
non -conforming as to their width, the interior side yard setback
for the principal building, and accessory buildings less than 1,000
square feet, shall be the lessor of ten feet or equal to ten percent
of the lot width as defined. However, in no case shall the side
yard setback be less than 7.5 feet.
LR-1 A 10 feet Side yard setback. For lots that are non -conforming
as to their width, the interior side yard setback for the principal
building, and accessory buildings less than 1,000 square feet,
shall be the lessor of ten feet or equal to ten percent of the lot
width as defined. However, in no case shall the side yard setback
be less than ten feet.
Other Cities Tonka Bay
R-1 A
Lot Area. Not less than twenty thousand (20,000) square feet.
Lot Width. Not less than seventy-five (75) feet
Principal Structure Setbacks. Interior Lots. Not less than eight (8) feet.
Corner Lots. Not less than eight (8) feet on the interior side yard, nor less than fifty (50) feet
on the side yard abutting a public right-of-way not a fire lane and not less than eight (8) feet
on the side yard abutting a fire lane
R-1 B
Lot Area. Not less than fifteen thousand (15,000) square feet.
Lot Width. Not less than sixty-five (65) feet.
Principal Structure Setbacks. Side Yards. Interior Lots not less than eight (8) feet.
Corner Lots not less than eight (8) feet on the interior side yard, nor less than forty (40) feet
on the side yard abutting a public right-of-way not a fire lane and not less than eight (8) feet
on the side yard abutting a fire lane.
Other Cities Tonka Bay
A lot of record existing as of the effective date of this Ordinance in a
residential district, which does not meet the requirements of this Ordinance
as to area or width, may be utilized for single family detached dwelling
purposes provided that in all residential districts, the measurements of such
lot's area and frontage width are within sixty (60) percent of the
requirements of the respective district, as established by this Ordinance.
The preceding subsection is not intended to permit a reduction in setbacks
or required yards. In the event that the measurements of such IoYs area and
width do nocomply with subsection a) above, then approval for the
construction of a single family dwelling may be requested as a conditional
use permit.
Single Family Dwellings. All single family detached homes shall: a. Be
constructed upon a continuous perimeter foundation that meets the
requirements of this Ordinance and Uniform Building Code. b. Shall not be
less than thirty (30) feet in length and not less than twenty-two 221-15
feet in
width over that entire minimum length. Width measurements 11 shall
not take account of overhang and o�her projections beyond the principal
walls. Dwellin shall also meet the minimum floor area requirements as set
out in this ornance.
Other Cities Mound
The R-1 A district shall function as an area
practices of small lots call for a relaxation
and construction of infill residential
a. Minimum lot area: 6,000 square feet.
b. Minimum lot width: 40 feet.
c. Front yard: 20 feet.
d. Side yard: 10 feet.
e. Rear yard: 15 feet.
in the city where historical platting
of development standard for remodeling
f. Minimum lot depth: 80 feet. Minimum lot frontage on an improved public
street shall be 40 feet, except that lots fronting on a cul-de-sac shall be 40 feet
at the front building setback line.
Setback requirements for lots of record (R-1 A). Side yard setbacks shall be six feet
and six feet unless the structure or site does not contain a garage in which case,
one side yard setback shall be ten feet to accommodate a driveway access.
For single-family detached dwellings the minimum requirement is 840 square feet
per dwelling.
Other Cities Mound
An expansion permit is required if the expansion or enlargement of the
structure will not further intrude (as measured at the point of greatest
intrusion) into the required setback beyond the distance of the existing
structure or the proposed new height/stories is within City Code
requirements. For example:(i) if the building currently has a setback of
15 feet when 20 feet is required and the proposed expansion will have a
setback of 15 feet an expansion permit will be needed, (2) a second floor
area is expandedinto the nonconforming setback over an existing
nonconforming first floor.
Setback requirements for lots of record (R-1). The followingminimum
setback requirements shall be observed for lots of record 2-1). a. Side
yand requirements. The required side yard setback shall be a minimum of
10 feet. Minimum Side Yard Setback Lot Width On One Side Yard
40 79 feet 6 feet
80 100 feet 8 feet
101 feet 10 feet
Excelsior Standards
Table 41.2
Residential District Lot and Building Regulations
R-1
R-2 R-3 R-4
Lot and Density Standards minimums
Lot Area ;square feet)
10,000
10,000
15,000
15,000
Individual private entrances:
1 and 2 bedrooms: 3,600
Lot Area per Dwelling Unit
30,000
8,50o for
B,S00
3 or more bedrooms: 4,800
(square feet)
duplexes
(1J
With common entrance:
1 and 2 bedrooms: 2,800
3 or more bedrooms: 3,600
ct Vildth (feet) 70
60 100 150
Primary Structure Standards minimums
Front Yard Setback (feet)
25
25G [2)
25
20
Lots 60' wid, and 1— — 975'
Lots between 60' & 70'-
9'; 20`6 lot minus 6
Side Yard Setback (Feet)
is
30
Lots 70' and areater - 10%
Side Yard Setback Abutting a
Street Right -of -Way (feet)
is
15
20
20
Rear Yard Setback (feet)
35
2S
20
30
Max. Building Height (feet)
See Sec. 41-4
3S [3]
35 [3]
Other Standards
Maximum Lot Coverage (%)
See Sec. 41-5
40 (4]
40
Maximum Building Coverage
See Sec, 41-6
3S
3S
Building Examples
35 Feet Wide
3ullding
24 Feet in Width for the House
Spring Park Examples
Two Houses 1. 27 ft 2. 21 ft
a
27ft in width 2,278 sq ft
parcel
jririg
ARTICLE II. - PLANNING COMMISSION
Sec. 24-31. - Established.
A city planning commission is hereby established. The planning commission shall be the city
planning agency authorized by Minn. Star. § 462.354, subd. 1, as it may be amended from time to
time. Except as otherwise provided in this article, the planning commission shall be advisory to the
city council.
Sec. 24-32. - Composition.
The planning commission shall consist of five members who are residents of the city. Members
of the planning commission shall be appointed by a majority vote of the city council. A coun-
cilmember may serve concurrently on the planning commission as a full voting member, provided,
however, that no more than two councilmembers may serve concurrently on the planning commis-
sion. Any active councilmember under consideration for appointment to the planning commission
must abstain from the city council's vote regarding such appointment. If a member of the planning
commission is elected or appointed to the city council and such election or appointment would oth-
erwise cause the aforementioned limit to be exceeded, that person's seat on the planning commission
shall become vacant immediately upon the commencement of the person's term on the city council.
If no councilmember is serving concurrently on the city council and planning commission, the city
council shall appoint one city council member to serve as an ex officio member of the planning
commission to act as a liaison between the council and the planning commission. The ex officio
member shall be a non -voting member of the planning commission and shall not be counted for
purposes of determining a quorum. City staff such as the city planner, city engineer, building inspec-
tor, and city attorney are not members of the planning commission, but may be requested to attend
meetings and provide information and advice to the planning commission on an as needed basis.
Sec. 24-33. - Term of off `ice; oath; vacancies; removal.
Members of the planning commission shall be appointed for four-year terms except that initial
terms may be shorter than four years in order to establish staggered terms. The terms of office shall
be staggered so that no more than two members of the planning commission shall have terms that
expire in the same year. Every member of the planning commission shall, before exercising any of his
or her duties, take an oath that he or she will faithfully discharge the duties of office. Vacancies dur-
ing a term shall be filled by the majority vote of the city council for the unexpired portion of the
term. Members of the planning commission may be removed with or without cause by a four -fifths
vote of the city council.
Sec. 24-34. - Organization; compensation.
At the first meeting each year, the planning commission shall elect a chairperson from among
the members to serve for a one year term. The planning commission may create and fill such other
offices as it may determine. The city council may provide a member of the city staff to serve as secre-
tary for the planning commission. Planning commission members shall serve without compensation,
but shall be reimbursed for expenses incurred in performing their duties to the extent provided by
resolution of the city council.
Sec. 24-35. - Meetings; quorum; minutes; expenditures.
The planning commission shall hold one regular meeting each month at city hall or at such oth-
er place within the city as the commission may designate, subject to city council approval and filing
of notice with the city clerk. Special meetings may be called by the chairperson of the planning
commission, the city council or the mayor. In the event that action cannot be taken at a regular
meeting because it lacks a quorum, the chairperson, city council or mayor shall call a special meeting
of the planning commission to be held within ten days of such meeting, if there is an application,
petition or request of a city resident pending before the planning commission which cannot be acted
upon because of the lack of a quorum.
The attendance of three members shall constitute a quorum for the transaction of business. The
act of a majority of members at a meeting at which a quorum of members is present shall be an act
of the planning commission.
The planning commission shall keep a record of all findings, resolutions, and actions, and writ-
ten minutes of all meetings shall be kept and filed with the city clerk prior to the next regularly
scheduled city council meeting, but such minutes shall be subject to approval at the next planning
commission meeting.
No expenditures may be made by the planning commission unless and until authorized by the
city council.
Sec. 24-36. - Powers and duties.
Generally. The planning commission shall have the powers and duties given to city planning
agencies generally by law, including the authority to conduct public hearings as directed by the city
council or city policy. The planning commission shall also exercise the duties conferred upon it by
this article, the zoning ordinance, or otherwise delegated to it by the city council.
Comprehensive plan. The planning commission shall prepare and adopt a comprehensive plan
for the physical development of the city, including proposed public buildings, street arrangements
and improvements, efficient design of major streets and roads, parking facilities, public utility ser-
vices, parks and playgrounds, a general land use plan, and other matters related to the physical de-
velopment of the city. After adoption of the comprehensive plan by the city council, the planning
commission shall periodically, but at least as often as required by law, review the comprehensive plan
and any ordinances or programs implementing the plan and make recommendations to the city
council regarding revisions or updates.
Comprehensive plan amendments. Pursuant to Minn. Star. § 462.355, subds. 2 and 3, as may be
amended from time to time, after adoption of the comprehensive plan, the planning commission
shall review all proposed amendment to the comprehensive plan, hold at least one public hearing on
the proposed amendments, and make recommendations to the city council regarding the compre-
hensive plan amendments and their relation to the city's comprehensive plan and other land use con-
trols. The planning commission shall report its recommendations to the city council for action.
Zoning ordinance amendments. Pursuant to Minn. Star. § 462.357, subd. 3, as may be amended
from time to time, the planning commission shall review all proposed amendments to the zoning
ordinance, conduct public hearings as directed by the city council or city policy, and make recom-
mendations to the city council concerning zoning ordinance amendments and their relation to the
city comprehensive plan and other land use controls. The planning commission shall report its rec-
ommendations to the city council for action.
Conditional use permits. The planning commission shall conduct public hearings, prepare writ-
ten findings of facts and make recommendations to the city council on all requests for a conditional
use permit in accordance with the terms and provisions of the city's zoning ordinance.
Zoning variances. The planning commission shall conduct public hearings, prepare written find-
ings of facts and make recommendations to the city council on all requests for a variance from the
strict application of the zoning ordinance in accordance with the terms and provisions of the city's
zoning ordinance.
Subdivision regulations. The planning commission may make recommendations on all requests
for subdividing land under the terms and provisions of the zoning ordinance and conduct public
hearings as directed by the city council or city policy. The planning commission shall report its rec-
ommendations to the city council for action.
Capital improvements. Pursuant to Minn. Star. § 462.356, subd. 2, as it may be amended from
time to time, after adoption of the comprehensive plan, the planning commission shall review all
proposed capital improvements within the city by the municipality or any special district or agency
thereof, or any political subdivision having jurisdiction within the municipality, and make findings
as to the compliance of the proposed capital improvement with the comprehensive plan. Such find-
ings shall be reported to the city council. The city council may by resolution adopted by two-thirds
vote dispense with the requirements of this paragraph when in its judgment it finds that the pro-
posed capital improvement has no relationship to the city comprehensive plan.
Purchase and sale of real property. Pursuant to Minn. Star. § 462.356, subd. 2, as it may be
amended from time to time, after adoption of the comprehensive plan, the planning commission
shall review all proposed acquisitions or disposals of publically owned interests in real property with-
in the city by the municipality or any special district or agency thereof, or any political subdivision
having jurisdiction within the municipality, and make findings as to the compliance of the proposed
acquisition or disposal of real property with the comprehensive plan. Such findings shall be reported
to the city council. The city council may by resolution adopted by two-thirds vote dispense with the
requirements of this paragraph when in its judgment it finds that the proposed acquisition or dispos-
al of real property has no relationship to the city comprehensive plan.
Sec. 24-37. -Attendance.
Duly appointed members of the planning commission are required to attend no fewer than one-
half of the regular and special meetings held by the planning commission in a calendar year. In the
event that a member fails to attend one-half of the planning commission meetings in a calendar year,
such failure shall be considered to be the member's formal notice of resignation from the planning
commission, the member shall be automatically removed from the planning commission, and the
city council will fill the vacant position for the remainder of the term. In addition, a member's fail-
ure to attend four consecutive meetings of the planning commission will be considered to be the
member's formal notice of resignation from the planning commission, the member will be automati-
cally removed from the planning commission, and the city council will fill the vacant position for
the remainder of the term.