SUNFISH LAKE PLANNING COMMISSION MEETING – AUGUST 19, 2009

7:00 P.M. - ST. ANNE’S EPISCOPAL CHURCH

Attendants:

      Chair:  Andrea McCue.

      Commissioners:   Arnulf Svendsen, JoAnne Wahlstrom, and Tom Schlehuber.

City Planner:  Laurie Smith           
City Clerk: Catherine Iago
  and members of the general public.

Commissioner Tom Votel arrived at 7:05 p.m.

I.    CALL TO ORDER:         Chair Andrea McCue opened the meeting at 7:00 p.m.    

II.  MINUTES:           Chair McCue asked if there were any additions or corrections to the June 17, 2009 minutes and there was no response.
     
Commissioner Wahlstrom moved to approve the June 17, 2009 Planning Commission minutes as presented, seconded by Commissioner Svendsen and carried.  4-0

III. Public Hearing:  Site & Building Plan Review/Conditional Use Permit for Construction of a Pool, Pool House and Detached Garage Addition at 348 Salem Church Road; Paul & Jean Baillon.

Chair McCue introduced the agenda item and asked the Planner to review her report.

Planner Smith explained that the applicant is requesting approval to allow an in-ground swimming pool and a pool house in the rear yard of their property. She explained the property is approximately 2.6 acres and is zoned R-1, Single Family Residential; she stated the property is not within a Shoreland Overlay District.

Commissioner Votel arrived at 7:05 p.m.

The Planner stated that approvals required are for site and building plans to permit construction of the pool and pool house/garage addition and Conditional Use Permits to permit construction of more than one accessory structure and to allow an accessory building in excess of 1,000 sq. ft. in area.  She explained proposed in-ground pool and pool house will be located to the northeast of the existing home and that the pool would be approximately 1,100 sq. ft in size; the pool is proposed to be surrounded by a concrete patio consisting of 2,368 sq. ft. and the pool house is proposed to be 907 sq. ft. in area. She advised that the applicant is also proposing to add a 365 sq. ft. addition onto an existing detached garage which will be connected to the pool house via a covered walkway. She stated the heights of the proposed  pool housed measure to the peak of the roof is indicated as 15.1 ft. and that the detached garage, pool and pool house meet the setback requirements from the side and rear yard lot lines. She further advised that all existing buildings also comply with setback requirements.

The Planner stated that swimming pools area permitted accessory use within the R-1 District provided they are located below ground and are constructed with a protective safety feature such a retractable cover and/or fence. The pool house is also a permitted accessory structure provided that it is used only by the primary residents and their guests, is screened from the neighboring properties and the public right-of-way, designed and position in such a way to minimize any impacts upon abutting properties and is not used for human habitation.  She stated that the pool will be surrounded by a concrete patio including elevated planting beds and a fire pit area. 

Planner Smith stated that an automatic pool cover will serve as the required protective safety feature. She advised that the proposed pool house will be construction of stucco to match the exterior materials of the existing home and detached garage. She stated that the pool house will consist of a sitting room with a gas fireplace, a kitchenette, two changing rooms, a bathroom and shower and a sauna. The applicant has stated that the pool house is not intended to be a guest house or a place for sleeping and will solely be used to the convenience of the homeowners while they are entertaining.

The Planner stated that the 293 sq. ft. addition to the existing garage is proposed to create an additional garage stall and a 72 sq. ft. addition to the west side of the garage addition will be added to accommodate the mechanical equipment for the pool. The applicant also wishes to add new stairs off an existing deck and a new sidewalk to provide access to the pool areas from the house.

Planner Smith advised the applicant is proposing to add 33 recessed lights in the soffits of the detached garage and pool house; the recessed lights will be primarily on the internal perimeters of the buildings facing the pool area. The applicant is also requesting to add a low-wattage carriage light adjacent to the proposed new garage stall as well as three (3) down-cast, motion-activated flood lights along the northwest side of the pool house. She further explained that low-voltage landscape lighting is also proposed along the western patio perimeter as well as between the house and the pool area.  She noted that the Zoning Ordinance stated that exterior lighting on property within the City shall be discouraged and only allowed where necessary for safety purposes unless fully screened from view of abutting properties.   

The Planner advised the applicant is proposing to remove 11 trees to accommodate the proposed new structures and nine of the trees are considered to be significant trees due to the size. The applicant is proposing to add seven (7) new Spruce trees along the north fence line to provide additional screening of the proposed new structures and the new trees shall be at least four-feet in height at the time of planting. She stated that tree removal and replacement is subject to the review and approval of the City Forester. She noted that additional landscaping of Arborvitae trees within the planter box along the garage’s west elevation is also proposed with a mix of perennial flowers in the other new planters.

Planner Smith explained that in order to accommodate the proposed new accessory structures, the existing secondary drainfield site will need to be moved slightly to the north and west. The applicant had soil borings and analysis done by a private septic inspector in June, 2009 and the City Septic Inspector reviewed the information submitted by the applicant and determined it to be consistent with the required septic system standards.

Planner Smith stated that the proposed project qualifies for a major review due to the extensive nature of the proposal and the necessity of approval of two (2) conditional use permits. She explained the proposed site plan show that the layout of the accessory structures will allow for screening by the existing trees surrounding the Baillon’s property as well as the additional landscaping that will be added.  She noted that most of the criteria for approval of accessory structures and site revising relate to whether the proposed project will be compatible the applicants’ property and the neighborhood. 

The Planner stated that it is the opinion of staff that the proposed accessory structures are not expected to have any negative impacts to natural resources or surrounding properties and therefore, staff recommends approval of the the proposed site and buildings with the nine (9) conditions as listed in the Planner’s report dated August 11, 2009,    
and the two (2) conditional use permits

Chair McCue thanked the Planner for her review and opened the public hearing to receive comments.

Paul and Jean Baillon were present and offered to respond to questions.

Richard Moreus, 340 Salem Church Road, stated he is a neighbor and has no objections to the proposal.

Chair McCue asked if there were any further comments and there was no response.

Chair McCue asked the applicants for the record if they are aware of the fact that the pool house may not be used for human habitation. Paul and Jean Baillon stated they are aware of that fact and do not plan to use it for that purpose.

    

Commissioner Votel asked if any other neighbors had submitted comments or were present at the site review.

Chair McCue responded that Mr. Peters was present at the site and supported the request. Planner Smith stated she had not received any comments from neighbors prior to this evening.

Commission Svendsen questioned the installation of the floodlights on the north side of the structure closest to the house.

Jean Baillon explained that those lights are motion activated and would only illuminate if something triggers the motion sensor; Paul Baillon stated they are mainly for security purposes.   

Chair McCue asked if there were any further comments from the audience and hearing none she closed the public hearing.

Commissioner Votel commented that the application appears to be in compliance with all the regulations and that the neighbors are supportive of the request. He pointed out that the applicant would be removing a large amount of dirt to accommodate the pool construction and he suggested that the installation of a berm to the north on the property may enhance screening for neighboring properties.

Chair McCue pointed out that there are six large trees along that property line and Commission Wahlstrom noted that there is also an existing slope in that area.  Commissioner Votel stated he was not aware of the existing trees or slope since he did not attend the site review; he indicated that he was not recommending an additional condition for the berm but merely suggesting it would enhance screening.

Paul Baillon commented that he would look into a possible berm if it did not cause any drainage issues.

Chair McCue asked if the additional trees should be mentioned in the action for approval. Paul Baillon explained that he Landscape Plan includes the additional trees.

Chair McCue suggested two comments be included as part of the motion;  that the additional trees be installed as outlined in the Landscape Plan, Exhibit F, Section b) and that the pool house may not bused as a place of occupancy for human habitation.

Commissioner Svendsen asked if the pool has to be drained in the fall and where the drainage would flow. Paul Baillon explained that the pool has to be drained to approximately 1 foot below the frost-line and that he was told it must not flow into the septic drainfield area. 

Chair McCue if there was any further discussion and there was no response.  

Commissioner Votel  moved to recommend approval of the following:

1.  A Conditional Use Permit to allow construction of more than one accessory structure based on a finding that the request is consistent with the Zoning Ordinance and Comprehensive Plan and will be compatible with surrounding land uses;

2.  A Conditional Use Permit to allow construction of an accessory structure in excess of 1,000 square feet in area based on a finding that the request is consistent with the Zoning Ordinance and Comprehensive Plan and will not adversely impact the neighboring properties; and

3.  Site and Building Plan for the installation of a pool, pool house and detached garage addition, subject to the nine (9) conditions as listed in the Planner’s report dated August 11, 2009  and with two (2) additional conditions for clarification purposes, 1) Exhibit F, Section b) tree plantings be listed and 2) that the applicant and future property owners be aware of the fact that the pool house may not be used for human habitation;

seconded by Commissioner Wahlstrom and carried. (5-0)
Planner Smith advised the applicant that this matter will go before Council at their September 1, 2009 meeting.

Paul and Jean Baillon thanked the Commission.

VI. OLD/NEW BUSINESS:    

A.  Invasive Species Information:  Chair McCue referred to the memorandum from Planner Smith relating to her research on Invasive Species.

The Planner explained that she had compiled this information for the Commission and she found that no other cities in Minnesota have regulations relating to removal of invasive species prior to new construction. She also pointed out that the regulatory body for removal of weeds is generally State or County offices.

Commissioner Schlehuber asked how the Planner found the information from the other communities. Planner Smith stated she checked city website and conferred with staff in her office to determine if any other cities had any such regulations.

Commissioner Votel commented that Sunfish Lake is a small community and has adopted a general philosophy for removal of invasive species, however; in his opinion it would be difficult to enforce such regulations. He suggested that strongly encouraging removal of offensive weeds prior to new construction or asking applicants to use their best efforts may be more appropriate. He indicated that it would also be appropriate to ask existing homeowners to get together with neighbors to remove invasive species and that distributing educational materials in the community would also be helpful.

Planner Smith agreed that education is a key component to controlling invasive species.

Commission Schlehuber agreed that total eradication is not reasonable but control of the invasive species should be encouraged and specifying an acceptable level of removal may be more fitting. He noted that he has been working over a year to remove Buckthorn from his property. He suggested targeting one species such as Buckthorn may be easier to enforce.

Commissioner Wahlstrom pointed out that most other communities are also attempting to eradicate Buckthorn.

Chair McCue suggested that during the review of new home construction the Commission could encourage removal of invasive species similar to encouraging additional landscaping such as on the Peter property.

Commissioner Schlehuber stated he wished to have more than just strongly encouraging removal of invasive species; he stated that in his opinion it is reasonable to request a site be cleared of Buckthorn prior to new construction and that a company could be hired to accomplish its removal.

Commissioner Wahlstrom questioned if it would be the responsibility of the landowner selling the property or the person purchasing the property to build. 

Commissioner Schlehuber stated in his opinion it would be the responsibility of the buyer to clear the property prior to building. Commissioner Svendsen commented that real estate laws would have to change if it were the seller’s responsibility.  Planner Smith agreed that the person building the house would be responsible for clearing the site.

Commission Votel suggested that it may be possible to have the City Forester put together an educational campaign; he also suggested that possible language could be added to the code requiring homeowners to use their best efforts to removal offensive species or a booklet could be put together for prospective homeowners and their builders.

Commissioner Votel commented that education may be the best way to start.

Commissioner Schlehuber announced that he has been working with the Environmental Commission to organize a “Buckthorn Bust” at Musser Park on October 10, 2009.
Clerk Iago noted that at their last meeting the Council supported the possibility of regulations regarding removal of invasive species, however; they suggested that the City attempt to remove Buckthorn from City property prior to requiring residents to remove it from their land.

Planner Smith suggested that language may be inserted to include invasive species such as Buckthorn as part of the Tree Inventory section for site plan review.  

Richard Moreus suggested that educational information be placed in the City newsletter that is distributed to all residents.

Commissioner Schlehuber stated he wished to make two comments; he pointed out that he is a Biologist and teacher at Henry Sibley High School and that this is a very important issue to him. He explained that he has been attempting to remove Buckthorn from his property, however; the property at 10 Acorn Drive is vacant and overgrown with Buckthorn and therefore, undermine his efforts. He also noted that the property to the east is also overgrown with invasive species and the owner is out-of-state. He explained that notice as sent last year to remove weeds from the property and it was mowed, however, nothing has been done since then.  He stated his second comment relates to the fact that Acorn Drive has beautiful woods and yet he sees very few young trees due to the fact that the Buckthorn does not allow for their growth. He commented that it is possible some people do not recognize Buckthorn and therefore allow it to grow.

Commissioner Votel suggested that it may be possible for Council to consider Commissioner Schlehuber as a resource on Buckthorn and have him enlist residents to assist with removal and education on accommodating new growth in wooded areas. He further suggested that it may be possible to request Council put together a task force to study this issue.

Chair McCue indicated that the request of the Commission was to study regulations relating to removal of invasive species on new property. She noted that the Planner has indicated language could be placed in the Zoning Code regulations requesting applicants to “assess the presence of invasive species” on new building sites as part of the Tree Inventory.

There was discussion regarding whether or not the City Forester duties include review of properties with invasive species and methods for removal. Commissioner Wahlstom indicated that there may be budgetary constraints that limit the Forester’s ability to do such an inventory. Commissioner Svendsen noted that Council had designated time for the City Forester to accomplish Buckthorn removal in Musser Park.

Planner Smith advised that she could discuss some options for including language in the Zoning Code relating to inventory of invasive species on new building sites and report back to the Commission.

Commissioners concurred to request the Planner prepare possible options for including language in the Zoning Code relating to “assessment of invasive species” as part of the review of new home construction.

Commissioner Schlehuber questioned if a specific species should be targeted. Commissioner Votel suggested language such as “including but not limited to…” may be incorporated into the options.

Chair McCue asked if there were any applications for the September meeting and the Planner responded no.

Commissioner Schlehuber stated he wished to further discuss this matter and offered to conduct the meeting at his home to show those present the issues relating to the new growth in the wooded areas.

After discussion the Commission concurred to conduct the September meeting at Commissioner Schlehuber’s home at 3 Acorn Drive and requested that the City Clerk post notification of the change of place for the meeting.

Chair McCue asked if there were any further comments.


Richard Moreus suggested that the person hired to do mowing on Salem Church Road make an additional pass with the mower in an effort to control Buckthorn.

Chair McCue asked if there was any further business and there was no response.         

V.  ADJOURN:  Commissioner Votel moved, to adjourn the meeting at 7:55 p.m., seconded by Commissioner Wahlstrom and carried. 5-0

      Respectfully submitted,

Catherine Iago, City Clerk