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2013 - Planning Commission - Agendas & Minutes Wendy Lewin Wn Wendy Lewin t: Monday, January 07, 2013 9:54 AM To: 'Jeff Hoffman'; 'STEPHEN C ERICKSON'-, 'sarah struck'; 'Doug Sippel' Subject: January Planning Commission Meeting Commissioners: due to lack of agenda items,January's PC meeting is cancelled. We will see you in February. Happy New Year. cc: Mike Mason Wendy Lewin, City Clerk City of Spring Park 4349 Warren Avenue Spring Park, MN 55384 952-471-9051 wlewin@ci.spring-park.mn.us • • i CITY OF SPRING PARK '06 PLANNING COMMISION AGENDA FEBRUARY 13, 2013 — 7:00 PM SPRING PARK 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. Planning Commission Meeting Minutes from December 12, 2012 b. Appointment of Chair and Alternate Chair 6. CONSIDERATION/DISCUSSION ITEMS a. Update City Code Variance Language b. Park Plan Discussion 7. COMMUNICATIONS a. City Council Minutes — January 7tn b. City Council Minutes — January 22nd c. Work Session Minutes — January 28tn 8. MISCELLANEOUS 9. ADJOURNMENT 4349 WARREN AVENUE, SPRING PARK, MINNESOTA 55384-9711 (952)471-9051 FAX(952)471-9160 CITY OF SPRING PARK PLANNING COMMISION MINUTES FEBRUARY 13, 2013 — 7:00 PM SPRING PARK SPRING PARK CITY HALL On Lake Minnetonka 1. CALL TO ORDER — Chair Hoffman called the meeting to order at 7 p.m. 2. PLEDGE OF ALLEGIANCE 3. ROLL CALL — Mason, Struck, Hoffman, Ex-officio Bren, Clerk Lewin, Planner Brixius. Erickson excused, administrator Tolsma excused. 4. ADOPT AGENDA — Brixius would like to add to the agenda the wind energy and geo thermo items previously submitted. Mason makes a motion and Struck seconds to adopt the agenda with the addition. All votes ayes, motion carries. 5. APPROVAL OF MINUTES - a. Planning Commission Meeting Minutes from December 12, 2012 — Hoffman wanted to note the meeting started at 7 p.m. versus 7:30 p.m. Correction noted. Struck makes a motion and Mason seconds to approve the minutes with the correction. All votes ayes, motion carries. • b. Appointment of Chair and Alternate Chair— Mason wonders if it wouldn't be worthwhile to wait until the March meeting in hopes of a full commission. Hoffman said he's okay remaining the Chair until the next meeting and makes a motion to table the appointment until next full meeting and Mason seconds. All votes ayes, motion carries. 6. CONSIDERATION/DISCUSSION ITEMS 7. Update City Code Variance Language — Brixius said this was introduced but was never finished so it's being brought back tonight. He said the change has broadened the language of variances and it now has to be determined if the use is reasonable. Brixius said for example Ann Marie Borne, 2471 Black Lake Rd, had reasonable use of her property and under the previous ordinance it might have been more difficult for her variance to pass. He said what was found was the request reflected what the new state statute stipulates. Brixius said it was previously called physical hardship and has been replaced by practical difficulties. He said practical difficulties are specific to the lot that make it difficult to apply the ordinance. Mason said before it was a hardship and now it's reasonable use. Brixius said a change of code requires a public hearing. Struck asked about page three, letter f regarding conditions imposed. Brixius said for example the Borne variance was requesting to put an addition closer to the road that what was allowable. He said conditions were stipulated and required for locating buried utilities and protecting utility poles and fire hydrants. Brixius said they also look at how things impact neighbors. Brixius said this change gives a city broader discretion. Hoffman asks about subparagraph d. He said it talks about economic considerations. Hoffman • said previously economics were not considered a hardship. Brixius said there is greater discretion in evaluating that. Hoffman wondered about economic hardships and how that changes. He understood previous language to state that a variance could not be granted 4349 WARREN AVENUE, SPRING PARK, MINNESOTA 55384-9711 (952)471-9051 FAX(952)471-9160 because it would soley benefit the property owner only. Hoffman makes a motion to call for a public hearing. Struck seconds. All votes ayes, motion carries. 8. Park Plan Discussion — Brixius presented some ideas taken from other cities for park development. Weather shelters are discussed. Brixius said Tolsma has asked that the • commission think about who uses the park, who is it designed for and what is currently lacking. He said a walking trail around the park perimeter could be considered. Brixius said there could be opportunity for an Eagle projects or civic organizations. Mason said he thought there were some good ideas previously presented for park upgrades. Hoffman requests this get added to next month's agenda for discussion and moving forward. Mason asked about the community garden idea at Wilkes Park. Lewin explained it hasn't taken off yet but Council member Hughes is interested in seeing this moved forward. Brixius explained there are things that need to be considered in regards to neighbor impact and how that will be handled. Bren said she thinks Thor Thompson Park has been under utilized until the new baseball field. She would like to see some things happen there to draw more families. &&&Addition - Wind energy and Geo Thermo — Brixius said the PC has requested to look at alternative energy in order to be prepared when requests are made. Brixius presents other cities' language to begin to explore this. He said solar panels, photo electrical shingles are becoming popular, vertical wind energy versus the horizontal. Brixius presented some materials with hypotheticals. He said in Spring Park, with the small lots, rooftop placement is logical. Brixius said placement is important, especially when it comes to lakeshore setbacks. Mason said thought needs to be given about obstructions to the energy generators, i.e., someone plants a tree that blocks the energy source or builds a large house that shades the energy source. Brixius said ground mounting or roof mounting needs to be researched and setbacks. Struck asks about roof mount allowances presently. Brixius said chimneys, cupolas and domes and antennas are allowed. Brixius said concern needs to be given to all affected • people, not just the person who asks to do it. What the structure looks like should be considered as well. Brixius said geo thermo involves pulling the earth's core temperature to heat. He said the DNR would need to be consulted because of the lake. Brixius said he can talk to a hydrologist about restrictions with riparian lots. Mason said he doesn't want to act like the city is suggesting these alternatives. Brixius said he wants the PC to think about what they would like to see and what they don't want to see. Struck thinks issues need to be explored before they become issues. She uses the example of dynamic signs and how progressive they were about stipulating conditions before it happened. Brixius said the PC has homework for the next meeting. Mason said he thinks SP has been historically progressive and ahead of the curve on things. 9. COMMUNICATIONS a. City Council Minutes — January 7tn b. City Council Minutes — January 22"d c. Work Session Minutes — January 28tn 10.MISCELLANEOUS — Hoffman asked about the City's website and updating the Planning Commission section. He said it's dated and still has John Ericson's information. 11.ADJOURNMENT — Mason makes a motion and Hoffman seconds to adjourn the meeting at 7:53 p.m. All votes ayes, motion carries. LIM-014 (40- E • Wendy Lewi , City Clerk Dan Tolsma, Administrator 4349 WARREN AVENUE, SPRING PARK, MINNESOTA 55384-9711 (952)471-9051 FAX(952)471-9160 1 ' CITY OF SPRING PARK PLANNING COMMISION AGENDA MARCH 13, 2013 — 7:00 PM SPRING PARK SPRING PARK CITY HALL On Lake Minnetonka 1. CALL TO ORDER — 2. PLEDGE OF ALLEGIANCE - 3. OATH OF OFFICE - 4. ROLL CALL - 5. ADOPT AGENDA - 6. APPROVAL OF MINUTES - a. Planning Commission Meeting Minutes from February 13, 2013 7. APPOINTMENT OF CHAIR AND ALTERNATE CHAIR — • 8. PUBLIC HEARING -Amending the Ordinance Regarding Variances — a. Beck Memo Dated September 8, 2011 — b. Draft Ordinance and Checklist — c. Open Public Hearing — d. Close Public Hearing — 9. CONSIDERATION/DISCUSSION ITEMS a. Alternative Energy Regulations — b. Park Plan Discussion — Brixius said they would like to see PC's plans. c. Community Garden Discussion - 10.COMMUNICATIONS a. Work Session Minutes — February 25, 2013 b. Kaczanowski Interview Minutes - March 4, 2013 11.MISCELLANEOUS - 12.ADJOURNMENT — • 4349 WARREN AVENUE, SPRING PARK, MINNESOTA 55384-9711 (952)471-9051 FAX(952)471-9160 ram' CITY OF SPRING PARK PLANNING COMMISION MINUTES MARCH 13, 2013 — 7:00 PM SPRiNG PARK SPRING PARK CITY HALL On Lake 914innetonka 1. CALL TO ORDER — Jeff Hoffman called the meeting to order at 7 p.m. 2. PLEDGE OF ALLEGIANCE 3. OATH OF OFFICE - Pete Kaczanowski is sworn in as Planning Commissioner. 4. ROLL CALL - Mason, Struck, Kaczanowski, Erickson, Hoffman 5. ADOPT AGENDA — No additions. Mason makes a motion and Erickson seconds to adopt the agenda. All votes ayes, motion carries. 6. APPROVAL OF MINUTES - a. Planning Commission Meeting Minutes from February 13, 2013 — Erickson makes a motion and Struck seconds to approve the minutes. All votes ayes, motion carries. 407. APPOINTMENT OF CHAIR AND ALTERNATE CHAIR — Erickson makes a motion to approve Jeff Hoffman as Chair and Mason as alternate chair. All votes ayes, motion carries. 8. PUBLIC HEARING - Amending the Ordinance Regarding Variances — Brixius said this is a housekeeping item from last fall as it got left off a previously adopted ordinance. a. Beck Memo Dated September 8, 2011 — Brixius said this reflects the new state statute. The term hardship is being taken out. There is a new definition of variance. This is mainly to be consistent with state statute. Hoffman said the city attorney has prepared this draft document. b. Draft Ordinance and Checklist — Brixius explains the checklist will be used by staff. c. Open Public Hearing — Hoffman opens the public hearing at 7:20 p.m. Nothing received in writing or verbally. No one in attendance for the public hearing. Noted proper publication in newspaper was done. d. Close Public Hearing — Struck makes a motion and Hoffman seconds to close the public hearing at 7:21 p.m. Struck makes a motion and Mason seconds for approval and to move this to the council level. All votes ayes, motion passes. 9. CONSIDERATION/DISCUSSION ITEMS a. Alternative Energy Regulations — Brixius said the PC has been introduced to other cities' alternative energy source materials and is tasked to decide whether the city should look at an ordinance. Brixius explains typical Spring Park lots are very close to one another so the • question is where can these alternative energy sources be placed. He said a roof structure is probably the most common placement. Brixius said something to consider is there is concern 4349 WARREN AVENUE, SPRING PARK, MINNESOTA 55384-9711 (952)471-9051 FAX(952)471-9160 2 about noise and maintenance factors. Mason asked if this is strictly related to residential and Brixius said the ordinance can be written whatever way. Brixius talked about solar panels and where on the site they can be located. He said they can be less obtrusive if they are on the roof ground mounted panels are more noticeable. He said tree removal should be discouraged when it comes to solar energy. Kaczanowski asked how high the wind turbines typically go and Brixius said it's something to be determined and regulated. Brixius said geo thermal energy source is another possibility. (Underground geothermal is illustrated and discussed on the overhead.) Erickson asked about square footage. Brixius said it depends because one alternative is horizontal and the other is vertical where they drill the wells deeper. Brixius refers to examples of other cities but stated the lots are typically larger than Spring Park lots. Kaczanowski asked about statistics on how many cities have adopted ordinances about this. Brixius said they're starting to see a lot more of this and explained it's come to discussion because the City of Orono is dealing with this now. He said it's important to get ahead of this problem versus trying to deal with something that just shows up. Hoffman said he thinks an outline should be created in order to determine the framework of the draft ordinance. He said they should look at setback requirements, roof-top allowed, front yard/rear yard placement. Wind Energy: Brixius said if there is a decision to accept these, he believes they should be vertical axis. Brixius also believes it should be roof top mounted and not free standing. He said view obstruction can be critical. Struck said she looks more from a safety concern. She wonders if this is something that can injure someone. Brixius said if rooftop is allowed, engineer recommendations would be mandated for structure accommodation. Mason wondered how efficient rooftop turbines really are. He is concerned about a gable end mount similar to an antennae. Brixius said if there are concerns about locations on the roof, that can • be crafted in the ordinance. Hoffman said if there is a height requirement, that could dictate the type used. Brixius said he thinks it's important to be very clear. There is a major concern about tree removal because of turbulence and solar access. Struck wonders if this can be stipulated in the ordinance. Hoffman said he finds it difficult to pick one over the other because technology changes and what is the best choice this year may not be the best choice in the future. Kaczanowski asked about definitions of wind turbines and wonders about decibel levels. Brixius said the MPCA defines decibel levels and that would have to be maintained. Hoffman said he's in favor of allowing both horizontal and vertical. He wants to make sure they regulate the height however. Everyone in agreement. Setbacks: if it's freestanding there should be 8-10 feet of clearance. If it's rooftop a height restriction will be necessary. Rear yard setbacks and whether it's allowable due to lakeshore. Hoffman believes if setbacks are satisfied, they should be able to place an energy structure within. Brixius said there is concern about site lines. Hoffman said he is against any energy structure being placed on the street side and is also opposed to installing them in the side yard setback. Everyone agrees no structure should be allowed in the sideyard setback due to the predominantly narrow lots. Also, nothing allowed in the 50' Shoreland setback. Height and size is discussed and whether a free standing wind turbine 30 feet tall from the base be allowed. Brixius said he will research size standards for operation in order to craft further. Hoffman said right now alternative energy sources are not cost efficient for a homeowner. He said what they typically see is someone that installs something like this, they are usually making a statement. But, technology is changing everyday and at some point they will be cost • efficient and there will be more who want them. Hoffman said there are solar and wind powered boatlifts. He wondered if this should be addressed. Erickson wonders about fencing around ground mounted turbines. Struck wondered if these could be mounted on a garage or 4349 WARREN AVENUE, SPRING PARK, MINNESOTA 55384-9711 (952)471-9051 FAX(952)471-9160 3 a shed. Brixius said it's up the PC to decide. He said some accessory buildings are non conforming so it might not meet proper setbacks. b. Park Plan Discussion — Brixius said they would like to continue with previous Commission's plans and suggestions. Struck said with Thor Thompson she thinks better signage is needed. She likes the idea of picnic shelter because it might become a destination experience. She said she likes the path idea but thinks the garbage containers need to be replaced and the wooden surround needs to be replaced. She said there is a portable toilet and she thinks it needs to be fenced. Struck wonders who the playground is actually serving. She refers to a consumer protection safety standards put out by the League of MN Cities. She wondered if a certified playground assessment might be needed. She also wonders about ADA accessibility. Bren thinks a picnic shelter would be nice and the walking path. She said the grills and garbage containers need to be examined. She said the dugouts are attracting water and Mason wonders if this has settled or the pad needs to be raised. Kaczanowski said he really likes the new basketball court and is wondering about a full court or a future expansion someday. Hoffman would like an outfield fence. Hoffman said he wants water management as he still doesn't feel the park drains very well. He said perimeter drainage needs to be addressed. Mason asked about funding and Tolsma said they would look to put together improvements and cost them out and submit to the council for a yearly budget. Hoffman said this is meant to prioritize and have an agenda. c. Community Garden Discussion - Wilkes Park — Hoffman wondered about Wilkes Park being underutilized and perhaps the city should consider selling it. He said then those funds could be dedicated towards Thor Thompson. Brixius said park sale depends on how it was acquired in the first place. Struck said that the park might be underutilized because there isn't anything to draw people to. She is concerned about what would happen with that property if it was sold. Erickson is not in favor of selling any parks. Tolsma said accessibility could be improved. Hoffman said he believes community gardens can be high maintenance and can sometimes be a nightmare. Hoffman would like to table this until spring when they can take a look at other community gardens and see how others handle this. Brixius said there are a number of things that need to be investigated. Trash, water, governance. 10.COMMUNICATIONS a. Work Session Minutes — February 25, 2013 b. Kaczanowski Interview Minutes - March 4, 2013 11.MISCELLANEOUS - Nothing. 12.ADJOURNMENT — Struck makes a motion and Mason seconds to adjourn at 9:01 p.m. All votes ayes, motion carries. 0,t� (� h Wendy LewiNXity Clerk • Dan Tolsma, Administrator 4349 WARREN AVENUE, SPRING PARK, MINNESOTA 55384-9711 (952)471-9051 FAX(952)471-9160 140-1 CITY OF SPRING PARK PLANNING COMMISION AGENDA APRIL 10, 2013 — 7:00 PM SPRING PARK 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. Planning Commission Meeting Minutes from March 13, 2013 - 6. CONSIDERATION/DISCUSSION ITEMS a. Memo from NAC regarding Alternative Energy Requirements b. Note from Scott Qualle, Building Inspector C. Memo from Wendy w/code language from City of Minnetonka • d. Draft Ordinance Alternative Energy System Regs 7. COMMUNICATIONS a. Council Minutes March 18, 2013 b. Draft Council Minutes April 1, 2013 8. MISCELLANEOUS - a. Hennepin Youth Sport Program Grant Criteria, Application 9. ADJOURNMENT — • 4349 WARREN AVENUE, SPRING PARK, MINNESOTA 55384-9711 (952)471-9051 FAX(952)471-9160 CITY OF SPRING PARK PLANNING COMMISION MINUTES APRIL 10, 2013 — 7:00 PM SPRING PARK SPRING PARK CITY HALL On Lake Minnetonka 1. CALL TO ORDER — Chair Hoffman called the meeting to order at 7 p.m. 2. PLEDGE OF ALLEGIANCE 3. ROLL CALL - Mason, Struck, Erickson, Kaczanowski, Hoffman 4. ADOPT AGENDA— Mason said he has something to add under misc. Erickson makes a motion and Mason seconds to adopt the agenda. All votes ayes, motion carries. 5. APPROVAL OF MINUTES — Mason makes a motion and Erickson seconds to approve the minutes. All votes ayes, motion carries. a. Planning Commission Meeting Minutes from March 13, 2013 - 6. CONSIDERATION/DISCUSSION ITEMS a. Memo from NAC regarding Alternative Energy Requirements — Brixius said there is a • draft ordinance attached for discussion. He said definitions have been included diagrams have been included as well. Brixius said this will be added to the general section. He said geo- thermal into the lake was explored but, if the coils are damaged, it rests with the city and the property owner. He said damage could occur because of boat anchors and fishing lures. Brixius said closed loop systems are recommended. He said setbacks for the piping system and above ground equipment a ten foot setback is recommended. He also said they shouldn't be allowed in the Shoreland Impact Zone which is 25 feet out from the shoreline. He said shoreline filters with natural vegetation could be encouraged. Brixius said the abandonment period is one year. Erickson wondered if a geo thermal system is abandoned would it have to be filled in and Brixus confirmed. Brixius said there are contamination concerns. Kaczanowski wonders how that is certified and Brixius said a permit would have to be applied for including proper inspections. Brixius said he could add that a building permit be required. Kaczanowski asked about the 50 foot lake setback and feels it should be sacred. Brixius said he holds the 50 foot shoreline setback standard for solar type boat lifts but felt differently about the geothermal because it's below ground. He feels the lots are so small to begin with and that's why he considered it. Erickson agrees he is concerned about infringing on the 50 foot shoreline setback too. Kaczanowski thinks, at a minimum, the 25 foot should be adhered to. Hoffman said certain BTU's are required and it could be restrictive if it's not allowed. Hoffman said the chemicals are biodegradable so are not considered to be contaminants. Kaczanowski wonders where the concern is. He said is the concern for the lake as a whole or for alternative energy for all homes. Brixius said the DNR would allow this. He said the city • would have to be comfortable with this. He said the underground loop would be six feet under. Erickson thinks periodic inspections should be conducted if this is allowed within the 50 foot zone to protect from abandonment or contamination. Hoffman wonders if a licensed contractor 4349 WARREN AVENUE,SPRING PARK, MINNESOTA 55384-9711 (952)471-9051 FAX(952)471-9160 2 would conduct the inspection. Brixius said he would contact building inspections to see if they would be capable of managing this and what the requirements are. Mason asked who established the 50 foot setback. Brixius said the state establishes this and it's unique to Spring • Park because of the small lots. Hoffman asked if the 25 foot Shoreland buffer zone remains sacred. Hoffman also asked about unique properties within the city with retention ponds. Brixius said he doesn't believe there is anything other than Presbyterian Homes has a retention pond. Brixius addressed wind energy. Hoffman wonders if there should be a certified engineer sign- off for mounting purposes. Struck wonders if this shouldn't hold true for ground mounted as well. Struck said regarding the rotor blade clearance of 20 feet from the nearest tree, the part of the tree should be designated. Brixius said he would hold it to the tree canopy. Tolsma wondered about a tree branch and a roof-top mount. Hoffman said in the commercial district blade length was defined. Brixius said he restricted the height and there were so many variables so he didn't want to dictate a blade length. Hoffman said there are wind generators for boat lifts and he wonders if this should be incorporated. Brixius said their size would have to be limited. Hoffman said there's a direct proportion of the blade diameter to how much power is generated. Brixius wondered if the PC really wants to allow wind generators at the lakeshore for boat lifts. Mason thinks a solar panel is more practical and less obtrusive. Kaczanowski favors being more restrictive now and removing it later if it is found to not be a problem. Brixius said he can show the PC a model. Hoffman is in favor of wind power at the lake but restricting the size. When discussing allowable blade lengths the PC agreed that 15 feet is too large because it ends up being a 30 foot circumference. Brixius said he will rework that. Hoffman said currently if a property owner designs their own setup, building official approval is all that's needed. Struck wondered if the structure is removed, should they be • required to restore and Brixius said he thinks that's a good addition and will add it. Brixius said screening is difficult because it impedes function. Brixius said this should be looked at as an accessory use versus a conditional use. Planning Commission decides to bring this back for another meeting before going to public hearing. Hoffman wondered about a moratorium. Brixius said there aren't any pending applications. Kaczanowski asked if someone walked in the door right now are we going to be protected from a problem like Orono is having. Brixius said there are some protections in the city's ordinance already that Orono didn't have. b. Note from Scott Qualle, Building Inspector C. Memo from Wendy w/code language from City of Minnetonka d. Draft Ordinance Alternative Energy System Regs 7. COMMUNICATIONS a. Council Minutes March 18, 2013 b. Draft Council Minutes April 1, 2013 8. MISCELLANEOUS - a. Hennepin Youth Sports Program Grant Criteria, Application — Tolsma said this grant has been received by Spring Park twice. He said there are two pools, one for larger capital projects and one for equipment projects. Tolsma said this is just something to keep in mind for future projects. Tolsma thinks the grant application process could be incorporated into the . park discussions. He said if there is a strong consensus, we can apply for the grant. Kaczanowski thinks a small soccer field or another basketball court could be something for Wilkes Park. Mason wondered about play equipment or the walking path previously suggested 4349 WARREN AVENUE,SPRING PARK, MINNESOTA 55384-9711 (952)471-9051 FAX(952)471-9160 3 for Thor Thompson. He said they are simple things that aren't that costly. Struck said picnic shelters could incorporate park programs for youth. Hoffman said a homework assignment could be delegated to think about what a grant could be written for. Mason wondered about past public hearings and wondered about reading the public hearing notice. He said it used to be a part of the meeting and it hasn't happened lately. Hoffman said rather than reading it out loud it can be accepted and entered into the minutes. Kaczanowski asked about new suggestions, proposals or ideas brought forward. Hoffman said documents can be submitted ahead of time or the commissioner can ask for items to be added to the agenda. Tolsma said if there are any documents a commissioner would like to be incorporated in the packet they should be supplied no later than the Thursday before the meeting. Hoffman encourages documents submitted in the packet so they can be prepared. Tolsma said presentations can be prepared for too. Mason asked about the fire hydrant flushing. He wondered if there's going to be a scheduled maintenance flushing. Tolsma said Goman has a methodology to his hydrant flushing and he's not sure what that is. Erickson said they should be flushed periodically. Tolsma said it's an item for discussion for the upcoming work session. 9. ADJOURNMENT — Erickson makes a motion and Struck seconds to adjourn at 8:25 p.m. All votes ayes, motion carries. (// kA- h Wendy Lewirvtity Clerk Dan Tolsma, Administrator 4349 WARREN AVENUE, SPRING PARK, MINNESOTA 55384-9711 (952)471-9051 FAX(952)471-9160 Wendy Lewin Wn Wendy Lewin t: Friday, May 03, 2013 3:36 PM To: 'Jeff Hoffman'; 'STEPHEN C ERICKSON'; 'Sarah Struck'; 'Pete Kaczanowski' Subject: May Planning Commission Meeting Canceled... Due to lack of agenda items other than the ongoing ordinance study, we are canceling the May planning commission meeting to be held Wednesday, May 8th. We will most likely be holding a meeting in June to continue discussing the alternative energy ordinance and any other items that come in in the meantime. Please let me know that you received this email message. Thank you. Wendy Lewin, City Clerk City of Spring Park 4349 Warren Avenue Spring Park, MN 55384 952-471-9051 wlewin@ci.spring-park.mn.us • • • O'1 CITY OF SPRING PARK PLANNING COMMISION AGENDA JUNE 12, 2013 — 7:00 PM SPRING PARK 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. Planning Commission Meeting Minutes from April 10, 2013 6. CONSIDERATION/DISCUSSION ITEMS a. NAC Memo Regarding Alternative Energy b. Draft Ordinance: Alternative Energy System Regulations • 7. COMMUNICATIONS a. Council Minutes May 20, 2013 b. Work Session Minutes May 28, 2013 c. Draft Council Minutes June 3, 2013 8. MISCELLANEOUS a. 2013 Planning Commission Directory 9. ADJOURNMENT • 4349 WARREN AVENUE, SPRING PARK,MINNESOTA 55384-9711 (952)471-9051 FAX(952)471-9160 1 CITY OF SPRING PARK PLANNING COMMISION MINUTES JUNE 12, 2013 — 7:00 PM SPRING PARK SPRING PARK CITY HALL On Lake Minnetonka 1. CALL TO ORDER — Hoffman called the meeting to order at 7 p.m. 2. PLEDGE OF ALLEGIANCE 3. ROLL CALL - Mason, Kaczanowski, Erickson, Hoffman. Struck was excused. 4. ADOPT AGENDA — Erickson makes a motion and Mason seconds to adopt the agenda. All votes ayes, motion carries. 5. APPROVAL OF MINUTES a. Planning Commission Meeting Minutes from April 10, 2013. Mason makes a motion and Erickson seconds to adopt the minutes. All votes ayes, motion carries. • 6. CONSIDERATION/DISCUSSION ITEMS a. NAC Memo Regarding Alternative Energy b. Draft Ordinance: Alternative Energy System Regulations — Brixius said there were a few changes from the original. He said pertaining to geo-thermal, they will be prohibited from extending into public waters and the Shoreland setback will be 25 feet. He said the next change is under the wind energy systems section. Brixius said new technologies for boat lifts were incorporated. He said they will be on the docks and they will have to meet LMCD rules and regulations. He feels a three foot diameter maximum should be set. Kaczanowski asked if there is a twenty feet height regulation stated, won't everyone go to 20 feet. Brixius said yes, they probably will go to the maximum allowable. He said he was figuring 16 feet up from the surface of the lake and added four feet. Kaczanowski said there are some large boat canopies that couldn't even accommodate the 20 foot standard. He wonders if there could be something incorporated about "should keep it a reasonable height" and Brixius said their experience has been that "should" is ignored. Erickson wonders about the lake level and wonders if there is an average. Brixius said they would establish the lake level at a time if someone asks for it to be measured. Brixius said perhaps the language should read something like 20 feet above the ordinary high water mark established by the DNR. Brixius said the next element comes under solar energy on page ten regarding boatlifts. He said he set the solar panel to not exceed four square feet and the same height requirement of 20 feet and will incorporate from the ordinary high water mark. He said it • could be a free standing pole or incorporated into the canopy structure. 4349 WARREN AVENUE, SPRING PARK, MINNESOTA 55384-9711 (952)471-9051 FAX(952)471-9160 2 He said safety requirements have been maintained as originally suggested and these uses will be introduced into the individual zoning districts. • Brixius said he suggests to publish for the public hearing when there is another item on the agenda. Mason asked about proofing the ordinance for errors. Tolsma said there was an Admin Committee meeting today and Council member Williamson brought up sun and wind rights pertaining to this. Tolsma said the concern is a purposeful blockage of alternative energy. Brixius said there might be some disclaimer that states this doesn't prevent a neighbor from planting a tree to block wind and sun. Brixius felt the height was established to help with this but he would be willing to incorporate language addressing this. Brixius said he could put something in there saying this doesn't encumber neighbors from improving their property. Hoffman is concerned about putting this in because it could be litigious wherein it might be better to leave it out. He said there should be an inference that there is no protection offered if the neighbor wants to do something with their property. Mason said he thought this would be a general ordinance and not necessarily detailed. 7. COMMUNICATIONS a. Council Minutes May 20, 2013 b. Work Session Minutes May 28, 2013 c. Draft Council Minutes June 3, 2013 8. MISCELLANEOUS a. 2013 Planning Commission Directory • • Mason wondered about the PC being invited to the opening of the Historical Museum and was told it was an open invitation. • Tolsma said someone recently approached the city about an advertising trailer sitting in the parking lot at Sunset and Shoreline. Brixius said it might be worthwhile to invite Remax, the owner of the trailer, to the next PC meeting. Mason asked about leasing Norling's carwash and wondered about a sign or a message board and that seems like a perfect place. Tolsma said the initial thought with the lease is short-term so it might not be the perfect placement for the sign. Tolsma said there is some discussion being held with the County at the boat launch for city and county joint messages. Hoffman reminded things to be brought up under miscellaneous should be added to the agenda at the beginning of the meeting in order to follow proper meeting protocol. 9. ADJOURNMENT - Mason made a motion and Erickson seconded to adjourn the meeting at 7:36 p.m. All votes ayes, motion carries. 0,4� r Wendy Lewi City Clerk Dan Tolsma, Administrator 4349 WARREN AVENUE, SPRING PARK, MINNESOTA 55384-9711 (952)471-9051 FAX(952)471-9160 CITY OF SPRING PARK PLANNING COMMISION AGENDA JULY 10, 2013 — 7:00 PM SPRING PARK SPRING PARK CITY HALL On Lake 9tinnetonka 1. CALL TO ORDER 2. PLEDGE OF ALLEGIANCE 3. ROLL CALL 4. ADOPT AGENDA 5. APPROVAL OF MINUTES a. Planning Commission Meeting Minutes from June 12, 2013 6. CONSIDERATION/DISCUSSION ITEMS a. NAC Memo Regarding Tonka Ventures Parking Request • 7. COMMUNICATIONS a. Council Minutes June 17, 2013 b. Work Session Minutes June 24, 2013 8. MISCELLANEOUS a. Eagle Scout Project Ideas — The mayor was contacted recently by an individual hoping to complete a public project (i.e. building a park bench, water fountain, or public garden) in Spring Park to earn his eagle scout rank. If any commissioners have a good idea for a project and would like to bring it up for discussion at the meeting please do so. 9. ADJOURNMENT 4349 WARREN AVENUE, SPRING PARK, MINNESOTA 55384-9711 (952)471-9051 FAX(952)471-9160 1 CITY OF SPRING PARK PLANNING COMMISION MINUTES JULY 10, 2013 — 7:00 PM SPRING PARK SPRING PARK CITY HALL Ott Lake 9I,1innetonka 1. CALL TO ORDER — Chair Hoffman called the meeting to order at 7 p.m. 2. PLEDGE OF ALLEGIANCE 3. ROLL CALL — Mason, Struck, Erickson, Hoffman. Kaczanowski excused. Administrator Tolsma, Clerk Lewin, Planner Brixius and Philip Johnson of Tonka Ventures also present. 4. ADOPT AGENDA — Erickson makes a motion and Struck seconds to adopt the agenda. All votes ayes, motion carries. 5. APPROVAL OF MINUTES — Struck makes a motion and Mason seconds to approve the minutes. All votes ayes, motion carries. a. Planning Commission Meeting Minutes from June 12, 2013 • 6. CONSIDERATION/DISCUSSION ITEMS a. NAC Memo Regarding Tonka Ventures Parking Request — Brixius described the Tonka Ventures location where the trucking/loading docks are located. He said since 1997 the business has grown and employee parking has been using the loading area which is also the truck maneuvering area. Brixius illustrated the existing curb cut, the landscaped boulevard providing separation from Warren Avenue and the concrete turn pad. He said the original intent was for trucking and staging and not using Warren Avenue. Brixius said Phil Johnson is the architect for the project. He said they are proposing a change to the trucking area to adapt to head-in parking. They want to remove the boulevard and backing out issues would be into the public right-of-way. Brixius said the heavier truck traffic off of Warren Avenue needs to be still considered. He said the ordinance would require multiple variances. He said the parking regulations prohibit backing into the right-of-way, the boulevard area is prohibited for parking and would also need a variance. Brixius stated the city wants to encourage growth. He said the objective is to keep the trucks off Warren Avenue but relief would be provided for parking. Brixius said another design presented would provide angle parking by preserving the curb line and the truck space would share with the angled parking. He said the southern curb line would be preserved. Philip Johnson said he has been with Joel Buttenhoff for twenty years and he's worked with the development processes all along. He said diagonal parking does not improve space. Johnson said he's not sure how many trucks go in and out during the day. He said truck parking could be accommodated along with the angle parking but • acknowledges there may be some overlap. Johnson feels the trees could be relocated. Johnson said he has looked at both the bituminous and concrete area on the roadway and 4349 WARREN AVENUE, SPRING PARK, MINNESOTA 55384-9711 (952)471-9051 FAX(952)471-9160 2 doesn't notice any wear and tear on either one or the other. Johnson said the goal is to get increased parking for employees and closer to the building. • Erickson asked about the north side of the building where the trail is. Johnson said the property line goes right up to the building. Hoffman said striping is usually a suggestion but isn't always followed. Erickson wonders about a trucker testing this out to see if it's doable. Hoffman said he's a former trucker and feels it is tricky maneuvering. Brixius said there isn't a parking setback so it might be worthwhile to establish a 14 foot loading area on the north side and parking stalls on the south side. Mason said the photograph on Exhibit A shows four cars parked and he wonders how a truck can maneuver in there. Brixius said he's going to assume a truck would have had to use the roadway. Brixius said what should be established is keeping the trucks off and the wear and tear turn protected. Struck remembers there are a lot of trees along there but it isn't obvious on the overhead. Brixius said either curb, north or south, trees will be lost. Struck asked about snow removal. She said it could complicate the parking with regard to snow storage and keeping it cleared. Hoffman said Brixius is asking about the concern about truck maneuvering on Warren Avenue. Struck said if the business is positioned for growth and they need more parking spaces, she wonders about the growth of truck traffic as well. Struck doesn't like the idea of removing trees. Mason asked how many stalls they trying to gain and Brixius said 9-10. Mason wonders if that's going to accomplish the growth plans and he agrees with Struck about the trees. He said the idea is to keep the trucks off the road to prevent wear and tear. Erickson said he believes in working with the business owners. He said there are issues with trucks backing onto main roads and it creates hazards and traffic stoppage. Hoffman • said the 1997 decision for no maneuvering on the street should be maintained and that is the consensus. He said there doesn't seem to be any major issues about traffic backing onto Warren as it's already done on Warren Avenue in front of City Hall and it's done on other city streets. Brixius said this will have to have multiple variances but he wants to make sure the PC is comfortable with the plan before this gets taken to the application process. Struck thinks this does come under practical difficulties because it's limited space and the business has changed so it seems practical. Hoffman said he is adamant about a physical barrier versus striping. He said if the northern curb is pushed to the property line there could still be a physical barrier maintained. Mason asked how many variances would be necessary and Brixius said it could go as high as five. Mason wonders about restoration and wants that considered. Brixius said this might be cost prohibitive to the property owner. Johnson wonders about some parking spots in what is now the grassy area on the west side of the building. He said he might propose that with the owner as an option. 7. COMMUNICATIONS a. Council Minutes June 17, 2013 b. Work Session Minutes June 24, 2013 8. MISCELLANEOUS a. Eagle Scout Project Ideas — Tolsma said the mayor was contacted recently by an individual hoping to complete a public project (i.e. building a park bench, water fountain, or public garden) in Spring Park to earn his Eagle Scout rank. He said if any • commissioners have a good idea for a project and would like to bring it up for discussion at the meeting, please do so. Tolsma said he had some discussion with the candidate's father. Tolsma said he asked them to describe the type or project they're looking for and 4349 WARREN AVENUE, SPRING PARK, MINNESOTA 55384-9711 (952)471-9051 FAX(952)471-9160 140-1 t. CITY OF SPRING PARK PLANNING COMMISION AGENDA AUGUST 14, 2013 — 7:00 PM SPRING PARK 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. Planning Commission Meeting Minutes from July 10, 2013 6. CONSIDERATION/DISCUSSION ITEMS a. Alternative Energy Ordinance Public Hearing i. Open Public Hearing ii. Discussion and Comments • iii. Close Public Hearing iv. Recommendation to Council b. Remax Sign Permit Application c. Fence Height Variance Request 7. COMMUNICATIONS a. Council Minutes July 1, 2013 b. Council Minutes July 15, 2013 c. Work Session Minutes July 22, 2013 8. MISCELLANEOUS 9. ADJOURNMENT 4349 WARREN AVENUE, SPRING PARK, MINNESOTA 55384-9711 (952)471-9051 FAX(952)471-9160 1 CITY OF SPRING PARK 4 PLANNING COMMISION AGENDA AUGUST 14, 2013 — 7.00 PM SPRING PARK CITY HALL SPRING PARK On Lake W inneton a 1. CALL TO ORDER —Acting Chair Mason called the meeting to order at 7 p.m. 2. PLEDGE OF ALLEGIANCE - 3. ROLL CALL — Mason, Struck, Kaczanowski, Erickson. Hoffman excused. 4. ADOPT AGENDA - Brixius requests exchanging agenda item 6c to 6a and also wants to add the Tonka Ventures parking proposal. Erickson makes the motion and Kaczanowski seconds to adopt the agenda with the requested changes. All votes ayes, motion carries. 5. APPROVAL OF MINUTES — Erickson makes a motion and Mason seconds to approve the minutes. All votes ayes, motion carries. a. Planning Commission Meeting Minutes from July 10, 2013 • 6. CONSIDERATION/DISCUSSION ITEMS a. Fence Height Variance Request — Brixius said what's being requested is an option to erect a fence along the neighboring multi housing lot line. He said in this case the property abuts to the apartment parking lot and recreational area. Brixius said a six or eight foot high fence is being requested be extended to within the 50 foot Shoreland setback and the 30 foot setback from the street. Brixius said the 50 foot shoreline requirement is a state statute. Brixius said the applicant is asking for a six foot fence but prefers an eight foot fence. Brixius is recommending a six foot tall fence and if an eight foot fence is allowed he recommends an engineer's report for bearing wind load. Brixius said from practical difficulties, the property abuts a multi family district and the parking is close to the residential property. Catherine Palin of 4352 West Arm Rd said she is in support of this fence as the multi housing can be disruptive at all hours. Property owner Hackney prefers the eight foot fence because the arborvitaes previously planted died along the property line. He said they're going to have to be removed and new growth will take a long time. Hackney said the private boat launch is next to the property line and there is a lot of disruption at all hours. Mason asked if there is a chain put across the launch area and Hackney confirmed but said it's continually removed. Struck asked if there are similar situations with other apartment complexes next to residential districts and Brixius said this is unique to Lord Fletchers Apartments. Palin asked about the open storm drain and wonders about the city's responsibility. Tolsma was somewhat unfamiliar but thought it might just be a verbal agreement to gain access. He said there has • not been a lot of cooperation from the property manager of the apartment complex so it's difficult to gain access to it. 4349 WARREN AVENUE, SPRING PARK, MINNESOTA 55384-9711 (952)471-9051 FAX(952)471-9160 2 Mason closes the public hearing at 7:19 p.m. Erickson makes a motion for the eight foot fence within the outlined parameters and the engineer study for the eight foot fence. Struck seconds. It is suggested that the aforesaid motion reflects the recommendation based • on the planners report with the eight foot recommendation. All votes in favor, motion passes. b. Alternative Energy Ordinance Public Hearing Open Public Hearing 7:23 i. Discussion and Comments — Brixius reviewed the ordinance amendments to allow and define alternative energy systems. He said heat pump systems will be a permitted accessory use in all zoning districts. He said they allow for close loop heat pump systems and they cannot extend into the lake. The setbacks are 10 feet and 25 feet from OHW, the Shoreland impact zone. They are not allowed in public easements and noise issues will be addressed under MPC. Building permit will be required and abandonment criteria will have to be met. Wind energy requires certification from a registered architect when roof mounted, a twenty foot clearance from the ground and tree canopies, wind energy is exempt from screening, specific non reflective colors are required, feeder collection systems will be underground and they are not allowed to be home-made systems, abandonment requires removal. Building permit is required and inspection every three years. There are different standards depending upon the zoning districts. They are considered accessory use. Struck asked about page five item four permits, boring is subject to approval. Brixius said a building permit has to be applied for and it will be identified in the permit. He said the concern is the proximity to the lake and how far they can bore down for lake water contamination. Struck asks about item c, ground source shall be subject to... Brixius said shall is mandatory and may is discretionary. Struck said with the small city staff being small she wonders how this will be tracked. Brixius said the schedule • needs to be watched to prompt inspections. Tolsma said there is a document that breaks down what we need to do on an annual basis and this would be added to this calendar. Kaczanowski has a question about whether the first time this is used there is an error can this be corrected. Brixius said the zoning ordinance is continually being tweaked and updated. He said if the ordinance is found to be flawed, the ordinance would be amended. Mason said this is a start and can be modified. Item two, general standards. Struck asked about this as she is confused with the language. Brixius draws an illustration . He said a setbck is measured from the ground when the blade is at the furthest top of the blade and it has to be set back that same measurement. ii. Close Public Hearing — Mason closes the public hearing at 7:41. iii. Recommendation to Council - Erickson makes a motion to recommend the draft ordinance to the council for adoption. Struck seconds, all votes ayes, motion carries. c. Remax Sign Permit Application — Brixius explained the existing Remax sign would be removed and replaced with the new sign being requested. He said it's a one-for-one trade and it does meet the less than 20% of the building frontage, it's properly located and he recommends approval. He said if it's illuminated, they'd have to meet the illumination requirements. Erickson will abstain from voting as he's employed by ReMax. Struck makes a motion to approve the ReMax sign permit based on the recommendation provided by Brixius. Mason seconds. All in favor, all votes ayes (Mason, Struck and Kaczanowski), motion carries. • d. Brixius wants some feedback on Tonka Ventures Building parking reconfiguration. Brixius said at the last meeting there was discussion about providing additional parking. He said it was suggested to park along Interlachen in the green space as an alternate option. 4349 WARREN AVENUE, SPRING PARK, MINNESOTA 55384-9711 (952)471-9051 FAX(952)471-9160 3 Brixius is asking for feedback on this latest suggestion. He said his concern is the location to the intesection of Interlachen although there isn't a lot of traffic. Brixius said there is an exception similar at Spring Street. He said he questions to do this as a variance or a text amendment. He prefers not doing the variance because it point to specifics within the request. He said he doesn't think there would be other applications beyond this because most commercial sites have direct access off of county roads. Mason asked if the present parking at the loading dock would continue and Brixius said no, it would be posted no parking. Mason said the request was to park closer to the entrance not an increase in parking spaces. Brixius said the building can satisfy the parking requirements everywhere except on the west end of the building. He said the question is if the Planning Commissioners are comfortable with head- in parking off of Interlachen as they would be backing out of this spot. He also wants to know if they want a text amendment or a variance. Struck said she is concerned about snow accumulation and if vehicles will hang out into the street. Mason said vehicles with trailer hitches can also hang out further. Kaczanowski asked about replacing the green space that is removed. He also asked about permeability due to the green space being taken out. Brixius said it would have to be looked at. Mason said there is also a roof drain in that area that drops a lot of water over a long period of time after a rainfall. Struck remembers the original request being for less parking spots and now they are asking for nine spots. She feels it's a lot for that particular area. She said there is a lot of traffic that goes through there at certain times. Mason thinks the original request was for seven spaces and he thinks it's reasonable to consider seven spaces for this new request. Erickson said he originally thought this was a good alternative but now that he sees it on paper, the reality is it's too tight. He wonders about angle parking or parallel parking. Struck wondered when the drivers' exit their vehicle and have to walk to the entrance door, where will they walk. Brixius said they will have to walk in the street. • Brixius said he can convey to the council that the PC believes this is overly aggressive and there needs to be some solutions to several concerns. They could look at angled parking in order to accommodate some parking spaces. Struck said she believes this request has been properly presented and professionally drawn and she wants to be favorable to these type of business requests. However, she feels there is an area in the city that is governed by Hennepin County and the parking is everywhere and not controlled. She doesn't feel it's fair to pick apart a properly presented request when nothing is done with the Hennepin County trail parking at the end of Northern Avenue. Erickson is concerned that the property is probably well over hardcover restrictions now and this would be making that worse. 7. COMMUNICATIONS a. Council Minutes July 1, 2013 b. Council Minutes July 15, 2013 c. Work Session Minutes July 22, 2013 8. MISCELLANEOUS — Kaczanowski said he'd be happy to help with the Eagle Scout project. Tolsma said the trail kiosk fits with the Scout's plan and approval from the committee has been given. Tolsma said the kiosk might be located by City Hall at the asphalt trail access. Tolsma said they are working with HCRRA in order to get permission for this. 4349 WARREN AVENUE, SPRING PARK, MINNESOTA 55384-9711 (952)471-9051 FAX(952)471-9160 4 9. ADJOURNMENT Erickson makes a motion and Struck seconds to adjourn the meeting at 8:22 p.m. All votes ayes, motion carries. ��j////J�� 41'g 0'4� �\ r % Wendy Lewi ity Clerk Dan Tolsma, Administrator • 4349 WARREN AVENUE,SPRING PARK, MINNESOTA 55384-9711 (952)471-9051 FAX(952)471-9160 Wendy Lewin m: Wendy Lewin nt: Thursday, September 05, 2013 4:18 PM To: 'Jeff Hoffman'; 'STEPHEN C ERICKSON'; 'Pete Kaczanowski', 'Sarah Struck'; 'Alan Brixius' Subject: Cancel September Planning Commission Meeting Due to lack of agenda items, the September Planning Commission meeting is canceled for September 11, 2013. FYI, there will be an October meeting as I just received an application for variance. Commissioners, please make a note that our annual Appreciation Dinner is scheduled for Thursday, October 10th, 2013. More to follow on that. Please let me know you received this message about the cancelation. Thanks and see you in October. Wendy Lewin, City Clerk City of Spring Park 4349 Warren Avenue Spring Park, MN 55384 952-471-9051 wlewin@ci.spring-park.mn.us • • i CITY OF SPRING PARK PLANNING COMMISION AGENDA OCTOBER 9, 2013 — 7:00 PM SPRING PARK 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. Planning Commission Meeting Minutes from August 14, 2013 6. CONSIDERATION/DISCUSSION ITEMS a. 3942 Del Otero Avenue Conditional Use Permit i. Open Public Hearing ii. Discussion and Comments • iii. Close Public Hearing iv. Recommendation to Council b. 4722 West Arm Road Addition Proposal — No Action Required 7. COMMUNICATIONS a. Council Minutes September 3, 2013 b. Draft Council Minutes September 16, 2013 8. MISCELLANEOUS 9. ADJOURNMENT • 4349 WARREN AVENUE, SPRING PARK, MINNESOTA 55384-9711 (952)471-9051 FAX(952)471-9160 1 CITY OF SPRING PARK PLANNING COMMISION MINUTES OCTOBER 9, 2013 — 7:00 PM SPRING PARK SPRING PARK CITY HALL On Lake Minnetonka 1. CALL TO ORDER - Chair Hoffman called the meeting to order at 7.02 pm. 2. PLEDGE OF ALLEGIANCE 3. ROLL CALL - Mason, Struck, Kaczanowski, Erickson and Hoffman 4. ADOPT AGENDA - Struck made a motion and Mason seconded to adopt the agenda. All votes ayes, motion carries. 5. APPROVAL OF MINUTES — Struck made a motion and Mason seconded to approve the minutes. All votes ayes, motion carries. a. Planning Commission Meeting Minutes from August 14, 2013 • 6. CONSIDERATION/DISCUSSION ITEMS a. 3942 Del Otero Avenue Conditional Use Permit — Brixius said this request is for an oversized garage. He said the original request was for two story garage but as it was being reviewed it was determined variances can't be granted if conditional uses are to be approved. He said the proposed garage height included a two story portion and it exceeds the 16' building height and has to be lowered. Brixius said the applicant Rehman was consulted and the building height has since been lowered. Brixius said all setback requirements must be met. Brixius said the second condition presents no unreasonable hazard to the surrounding community and two accessory buildings will be removed. He said the surrounding property to the east has a large attached garage and a large detached garage. He said on the west side there is a large unattached building. Brixius said the request is compatible to the area and no commercial operations will be allowed. Brixius said the use is consistent with the surrounding properties and a compatible use. He went on to say there would not be an significant impact on the enjoyment of the property, the use will remain residential and no home occupation or commercial operations can occur within that building. He said it will be for residential storage exclusively. Brixius said the city engineer has reviewed the increase in impervious surface and has recommended a review by the Minnehaha Creek Watershed District. The suggestion is gutters and downspouts and rain barrels to collect runoff. Also, before this releases to the storm sewer there needs to be a swale along the driveway to provide cleaning of stormwater. Brixius said these requests are looked at with respect to the surrounding properties. He said stipulation for approval would be a revised site plan, a revised building plan showing the revised building height and conditions of exclusivity for residential use. Also calculations on 4349 WARREN AVENUE, SPRING PARK, MINNESOTA 55384-9711 (952)471-9051 FAX(952)471-9160 2 new impervious surface, position of rain barrels and collecting drainage from adjoining properties approved by the city engineer. i. Open Public Hearing — Hoffman opened the public hearing at 7:12 pm. ii. Discussion and Comments - Applicant Rick Rehman, 3942 Del Otero Avenue, said with the new change to 16 foot height he might have to have knee walls. He said he believes adding gutters should be enough. Rehman said he has talked to the MCWD and they said because he does not have riparian property, they don't scrutinize the request. Struck asked about the square footage. She said the footprint of the building is about 2100 square feet after the two accessory buildings are removed. Kaz wants to know the difference between a variance and CUP. Brixius explained a variance is associated with practical difficulties. He said a CUP has conditions placed upon the request. One is a use, and a variance is an exception to a performance standard. Brixius said if this was in a different part of town and not in character of the neighborhood, it might not be deemed favorable. Hoffman asked for an explanation of the 1000 square foot rule. Brixius said the size of accessory building are established for limits. He said some lots can accommodate more. He said they try not to have buildings stand out. Hoffman agrees and said with building proportions and given the size of lots in our community they should be proportionate with the main building. Hoffman also said hardcover was set because the lake is a big asset and the number one pollutant is stormwater runoff so that's why the 30% allowance was set. Struck asked about the proposed bathroom. She said she remembers there was something in conjunction with detached garages. Brixius said this was brought to his attention and there is nothing that states in the code that it can't have a toilet. He said it cannot be used as a • residential use. Hoffman said that was done because of the size of the lots and the potential for misuse of property and renting accessory buildings out. Hoffman said there is a limited parking area and if accessory buildings are rented out, it congests the area. Erickson asked about commercial use and wonders about renting this space out for boat rental, etc. Brixius said it can be part of the condition. Kaczanowski asked about enforcement and Brixius said it is complaint driven and an inspection is called for. Erickson asked if Rehman is a boat collector. Rehman responded he has one boat and he likes old cars. Kaczanowski asked about the hardcover. He asked about the adjacent property and wonders if they exceed the 30% as they look as though they do. Hoffman refers to Exhibit A, the survey. He said the arrows drawn on the survey reveal the drainage patterns. Michael Erickson, 3934 Del Otero, east of Rehman's property said he applied for a hardcover variance. He said there is a lot of clay and sand and the absorption is quick. M. Erickson said his gutters drain to the soil and one drains to the driveway. M. Erickson said he has no objections and supports Rehman's plans to remodel his property. Kaczanowski asked about the composition of the driveway. Brixius said it's bituminous and the engineer's suggestion is a swale to hold the water to filter the water and not an unconscious washing. Brixius said the suggestion is the swale is actually in the lawn to filter it. Hoffman asked Rehman if the accessory building is connected, the 1000 square foot would not be an issue. Rehman said it double the costs. iii. Close Public Hearing — Sruck makes a motion and Mason seconds to close the public meeting at 7:39 pm. All votes ayes, motion carries. Mason said for clarification purposes • the second story being requested could wall him (M. Mason) in. Brixius said because of the 16 foot height restriction it will be difficult to have second story. He said it would represent rafter storage only. Mason is concerned about approving something that isn't clear because of the 4349 WARREN AVENUE, SPRING PARK, MINNESOTA 55384-9711 (952)471-9051 FAX(952)471-9160 3 changes. Brixius said he told the applicant there were going to be changes but encouraged him to get feedback from the PC. Brixius said this can be held over for clarification and Rehman would have to be notified as such. Hoffman said the bathroom should be clarified and Hoffman wonders if there should be a poll of the commissioners before extra dollars are spent on this project. Hoffman said Mason would like revised plans and specs before it is approved. Hoffman is wondering if a straw poll is necessary. Erickson said it is ultimately up to the council and Struck said the council does listen to the PC's recommendations. Rehman doesn't think his proposal will be grossly out of place as it will only end up being a couple feet taller. Erickson said the driveway is out of compliance and he wonders about the grandfathered driveway. Brixius said there isn't an opportunity to change this. He said statute stipulates. Hoffman — said he is not in favor of this because the rules have been drafted for reasons. He said the request is more than double of what's allowed. He said in the future and as a commissioner, if someone asks for the same thing, how can he tell them no when it's been allowed? He said it isn't any different than the large homes that are requested to be built on small lots. Hoffman said he objects to the size of the garage, exceeding the hardcover and the proposed bathroom. Kaczanowski - said he is concerned about the bathroom in an accessory building. He said it's a really large structure and he is also concerned about hardcover and perhaps pervious pavers could be installed in certain areas to help mitigate this. He said he wonders about other properties in the city and their increase of over 30%. Erickson - said he shares the concerns. He doesn't like to see excessive hardcover increases, he thinks a runoff plan could be beneficial to explain how the runoff will be directed. He is also concerned about the size of the building. Erickson said he drove around the property twice but it was difficult to see the property change being proposed. Struck - echoes what everyone else has said. Mason said he's been on PC 8.5 years and he said it's precedent setting. Mason said it's difficult because he is a neighbor and it becomes difficult when others come forward with the same request. iv. Recommendation to Council - Brixius asked Rehman about addressing the building height and the stormwater runoff or if a vote and referral to the council is in order for tonight. Mason asked about CUP reapplication and if there is a specific time limit. Hoffman is looking for a motion to table this until more updated information is received. Mason makes the motion and Erickson seconds. Kaczanowski asked if he would consider going smaller on the building and Rehman said no but he would stay within the ordinance. All votes ayes, motion carries. b. 4722 West Arm Road Addition Proposal — No Action Required — Hoffman said there haven't been plans submitted for the addition. Brixius said he wants to go through this. Hoffman said as long as this stays on the same footprint, there is no action required on this. Brixius said James Crosby is looking to purchase 4722 West Arm Road and adding a second story to the current lake cottage. Brixius said the ordinance and comp plan stipulates that a legal non conforming structure may be expanded vertically provided it is compliant with setbacks. He said there needs to be water elevation of 929.4 verified in order to get the setback. Hoffman asked about the easement area and can it be calculated as to the lot area and Brixius said yes. Brixius said expansion of non conforming structures cannot be in a flood plain. The request for expansion is allowed without variance. Brixius recommends approval of the site plan and that they demonstrate the 50 foot setback. 4349 WARREN AVENUE, SPRING PARK, MINNESOTA 55384-9711 (952)471-9051 FAX(952)471-9160 4 James Crosy, 8322 PondView Dr, Minnetrista said a survey is being accomplished. He said the monuments have been located. He said he is moving the new structure further back to make sure he is setback more than 50 feet from the lake. He will remain within the setbacks. Brixius said there is not a hardcover issue with this property. Hoffman said compliance has been achieved so there is no variance required. Jim Mulhern at 4734 West Arm Rd asked if the property can be subdivided. Brixius said tandem lot splits are not allowed. Mulhern asked if the driveway will remain. Crosby said he will be tearing out part of the driveway. Mulhern asked about tree loss and Crosby said a few branches might have to come down. 7. COMMUNICATIONS a. Council Minutes September 3, 2013 b. Draft Council Minutes September 16, 2013 8. MISCELLANEOUS - Brixius said regarding the Del Otero request in the code anyone can exceed 30% if they meet conditions. Hoffman said if an applicant asks for a variance can they go conditional use. Brixius said an argument can't be made for hardship. So it's been built-in that conditions can be put in place and setbacks and height restrictions are met and hardcover can be met and stormwater drainage can be proved, it can be conditional. Struck said she has neighbors on three sides. She said she is concerned about saying yes to this as it could happen in another area of the city. Brixius cites the conditions of the conditional use and it could prohibit it in her neighborhood as this same request may not be appropriate for other properties. Brixius said the negatives are it's larger than the principal building, it's out of character with the neighborhood and out of character with R-1. Brixius said if PC is concerned they should consider this code 42-64 b1. Hoffman requests this be put on for the agenda for next meeting limiting the size of accessory to no more than 1000. Kaczanowski thinks it's important to be able to view the property and wonders how they can get access. 8. ADJOURNMENT — Mason makes a motion and Erickson seconds to adjourn at 8:38 pm. All votes ayes, motion carries. 0.4� (� h „ , Wendy Lewipjity Clerk Dan Tolsma, Administrator 4349 WARREN AVENUE, SPRING PARK, MINNESOTA 55384-9711 (952)471-9051 FAX(952)471-9160 Wendy Lewin Wn Wendy Lewin t: Friday, November 08, 2013 2:15 PM To: 'Jeff Hoffman'; 'STEPHEN C ERICKSON'; Shirley Bren; 'Sarah Struck'; 'Pete Kaczanowski'; 'Alan Brixius' Subject: November PC Meeting... Attachments: Accessory Buildings_R-1 District.doc Commissioners, it's been decided to cancel November's PC meeting. Rick Rehman's Del Otero CUP request has been delayed until December's meeting because Rehman had to go out of town. Therefore, at the suggestion of our Chair, Jeff Hoffman, attached is a memorandum prepared by City Planner Al Brixius regarding accessory structure size limitations in an R-1 district. This should give you opportunity for leisurely review of the materials to be discussed at the December meeting. If after reviewing the attached information you have any questions, please let us know. Thank you. Wendy Lewin, City Clerk City of Spring Park 4349 Warren Avenue Spring Park, MN 55384 952-471-9051 wlewin@ci.spring-park.mn.us i CITY OF SPRING PARK PLANNING COMMISION AGENDA DECEMBER 11 , 2013 — 7:00 PM RING PARK SPRING PARK CITY HALL On Lake �W inneton a 1. CALL TO ORDER — 2. PLEDGE OF ALLEGIANCE - 3. ROLL CALL 4. ADOPT AGENDA 5. APPROVAL OF MINUTES — a. Planning Commission Meeting Minutes from October 9, 2013 6. CONSIDERATION/DISCUSSION ITEMS a. 3942 Del Otero Avenue Conditional Use Permit Discussion b. Accessory Structure Size Limitation in R1 & R2 Districts Discussion c. Parked Trailers & Vehicles With Advertisement Graphics • 7. COMMUNICATIONS a. Council Minutes November 4, 2013 b. Council Minutes November 18, 2013 c. Council Work Session Minutes September November 25, 2013 8. MISCELLANEOUS 9. ADJOURNMENT • 4349 WARREN AVENUE, SPRING PARK, MINNESOTA 55384-9711 (952)471-9051 FAX(952)471-9160 1 CITY OF SPRING PARK PLANNING COMMISION MINUTES DECEMBER 11 , 2013 — 7:00 PM SPRING PARK SPRING PARK CITY HALL On Lake 9V innetonka 1. CALL TO ORDER —Alternate Chair Mason calls the meeting to order at 7 pm. 2. PLEDGE OF ALLEGIANCE - 3. ROLL CALL - Struck, Kaczanowski, Erickson, Mason. Hoffman excused. 4. ADOPT AGENDA - Struck makes a motion and Erickson seconds to adopt the agenda. Brixius wants to add to the agenda and he wants to add as a discussion item 2401 Black Lake Rd. All votes ayes, motion carries. 5. APPROVAL OF MINUTES — Struck makes a motion and Erickson seconds to approve the minutes. All votes ayes, motion carries. a. Planning Commission Meeting Minutes from October 9, 2013 06. CONSIDERATION/DISCUSSION ITEMS a. 3942 Del Otero Avenue Conditional Use Permit Discussion The tabled public hearing is reopened at 7:04 pm. Brixius said the initial request is to replace and existing detached garage with a new detached garage. He said impervious surface would bring it to 39%. Brixius said the building height has been adjusted and the site plan reduced the driveway width. Brixius said the applicant has contacted the MCWD and they have no requirements. Brixius said gutters will be installed on the garage and directed to a rain garden. He said the recommendation is that the driveway be pitched. Brixius said concerns were raised: • The size of the proposed accessory building • Concern the proposed accessory building exceeded the height of the primary structure. Brixius said in reducing the height, the second story is reduced to storage and not walkable. Kaczanowski asked if the roof height was reduced and Brixius said it was at 19 feet and it came down 3 feet. • Concern about the proposed toilet. • Concern the proposed accessory building exceeds the size of the home. Brixius said the applicant has adjusted his plans and has two choices. He said if the PC is recommending approval of the CUP, with what conditions. If the PC is recommending denial, they need to direct staff to draft specific findings. Oixius asked for questions. 4349 WARREN AVENUE, SPRING PARK, MINNESOTA 55384-9711 (952)471-9051 FAX(952)471-9160 2 • Erickson asked if the footprint changed from the original submission and Brixius said the footprint remains the same. • Kaczanowski asked how much higher is the new garage than the primary structure. Brixius • said it's 4-5' taller but it is set behind. • Struck referred to the definition of an accessory building and she wonders if this applies here and does the applicant have to meet that definition. • Mason asked how the size was reduced and Brixius said the usable walkable space was reduced to storage due to the change in the proposed building height. Rehman said the usable space has been reduced 500 feet. • Struck asked about the ordinance 42-140 titled "purpose" . Brixius said those are the standards that have to demonstrate compliance. Sec. 42-140. Purpose. The purpose of the procedures set out in this division is to provide the city with a reasonable opportunity to protect and preserve the general welfare and the public health and safety by requiring a showing by each applicant for a conditional use permit or amendment that: (1) The standards set forth in this chapter will be, at all times, complied with. (2) The proposed use presents no unreasonable hazard to the surrounding area and community as a whole. (3) • Specific problems with the proposed location of the use, as set forth in any staff review or technical assistance report, will be overcome. (4) The proposed use is compatible with present and future land uses of the area where the use is proposed to be located. (5) There will be no significant negative impact on the peaceful and quiet enjoyment of surrounding property. Mason said a Shoreline Drive neighbor applied for an accessory garage in 2003-2004 and it was denied. Mason said there was even going to be improvement on the setbacks and yet he was still denied. Brixius reminded that the review criteria is different for variance than it is on a CUP. Kaczanowski said Rehman has met the requests put forth. He said his concern is that it is so much larger than the principal dwelling and it's not in keeping with the neighborhood. Kaczanowski said he has walked the street and he's tried to picture this and wonders if it would stand. Struck said she feels a neighborhood extends beyond that street and feels that all of Spring Park needs to be included in this decision. She feels the Comprehensive Plan looks at the city as a whole and not individual neighborhoods. Struck said she is looking at the present and about the future, which the comp plan addresses. She said when looking at accessory buildings within the cities 229 homes there isn't another garage that is larger than the home. Struck said in looking at city wide goals, this runs counter to the comp plan. Struck said she agrees that Rehman has tried to compromise but still desn't feel it works. Struck said 5 states "...there will be no significant impact on the peaceful and iet enjoyment of the neighborhood..." but she doesn't know how that would be evaluated and measured. 4349 WARREN AVENUE, SPRING PARK, MINNESOTA 55384-9711 (952)471-9051 FAX(952)471-9160 3 Mason said the comprehensive plan looked at rebuilding homes up and out but not additional over- sized structures. Mason said this is unique and sets a precedent. Orickson said he struggles with why this is even being considered as a conditional use. Brixius said the accessory building limit is set at 1000 feet except by conditional use. He said the CUP does not put a cap on the square footage. Brixius said the ordinance can be reexamined and changed. Struck said she doesn't feel the request meets the definition of an accessory structure when it's larger than the house. Kaczanowski asks if a CUP has been used in this fashion before and Brixius said he believes it has but he can't recall specifically. Rehman said it's a matter of opinion. He thinks he's met the code and it doesn't say where he has to read the comprehensive plan. He said he wouldn't have wasted his money if it says in the comprehensive plan he can't. He said he designed the garage to fit the ordinance. Rehman said there are a lot of oversized buildings throughout Spring Park. Rehman said it's an opinion so he feels differently. Rehman said when looking at Spring Park as a whole, variances have been gotten for commercial district and they've been overbuilt. Brixius said the recommendation in the latest summary for this CUP application is to direct staff on final recommendations. Mason said out of 229 homes, he believes Struck was addressing those in an R-1 district and not the condos, Pres Homes or Rockvams. He said that's entirely different because they're zoned different. Erickson asked how a CUP was put in place to be used. He said he thinks this CUP is being used to circumvent the ordinance governing accessory building limits. He said he's been involved with CUP's in other cities so he's familiar with them being used in conjunction Wyond th home businesses. Brixius said if there wasn't a CUP requested, there could not be an increase the 1000 square foot cap. He said there are no practical difficulties involved in increasing the 1000 square feet and that's why the request had to go conditional use. Upon no further discussion the public hearing is closed at 7:38 pm. Brixius said staff is looking for a formal motion. Struck makes a motion to deny the CUP application submitted by Richard Rehman based on section 42-140 of the city code, the discussion, definition, precedent, that it's out of character, is not consistent with the comprehensive plan and the zoning district and asks staff to direct findings to the council reflective of that. Erickson seconds. All votes ayes, motion carries, CUP application fails recommendation. Rehman thanks the Planning Commission for their consideration on this matter. b. Accessory Structure Size Limitation in R1 & R2 Districts Discussion Brixius said there is an accessory use definition. Brixius said reminds the commission that a large garage can be built if it's attached with something as simple as a breezeway. Brixius said if they're putting a cap on accessory size they should also consider if it's unattached and attached. Therefore, Brixius said he's going to challenge on attached, detached and the bathroom issue. He said there is nothing that prevents a bathroom currently and no toilet facilities are allowed. Brixius said consideration can be perhaps water can be allowed but not toilet (sewer) facilities. Brixius wonders about the definition of floor area being counted as walkable space and not storage. Struck wonders about scale of garage to house and Brixius said it can be considered. • c. Parked Trailers & Vehicles With Advertisement Graphics — 4349 WARREN AVENUE, SPRING PARK, MINNESOTA 55384-9711 (952)471-9051 FAX(952)471-9160 4 Tolsma said this was added for quick discussion. He explained a Remax trailer acting as a sign is parked in the parking lot in front of the Lakeview Lofts. Brixius recommends Beck look at this to tighten this up. 7. COMMUNICATIONS a. Council Minutes November 4, 2013 b. Council Minutes November 18, 2013 c. Council Work Session Minutes September November 25, 2013 8. MISCELLANEOUS — 2401 Black Lake Rd Brixius just want to give a brief overview of a variance application taken but not formally received for an addition of a garage to a substandard lot. He said in 2003 the house was demolished and a home was rebuilt. In 2006 a detached garage was requested by variance and it was denied based on the utility easement and impervious surface. Brixius said the variance being asked for now would be for the setback from the lake only as the impervious surface won't be an issue. Brixius said the street setback variance is eliminated due to the averaging allowed. Brixius asked if enough time has passed for this to change from practical difficulties being the lot is restrictive and that most recognize the need for a garage in Minnesota. Brixius challenges the commission to determine if the use is reasonable and are there practical difficulties associated with the lot that may warrant the variance from the shoreline setback. Brixius said since 2006 there has been promotion in reinvestment into Spring Park properties. However, he said if this is a self-inflicted practical difficulty, we're not going to save them from it. He said if the garage won't be out of character of the neighborhood, consideration should be made. Brixius said there is history with this house but what needs to be examined is if it will better the neighborhood and Ofits within the character. Brixius is going to recommend the applicant submit building elevations and ading elevations before accepting the application as complete and thereby starting the 60 day rule. 9. ADJOURNMENT — Erickson makes a motion and Kaczanowski seconds to adjourn the meeting at 8:43 pm. All votes ayes, motion carries. Wendy Lewi ity Clerk Dan Tolsma, Administrator 4349 WARREN AVENUE, SPRING PARK, MINNESOTA 55384-9711 (952)471-9051 FAX(952)471-9160