- DRAFT

SUNFISH LAKE PLANNING COMMISSION MEETING SEPTEMBER 18, 2019

7:00 P.M. ST. ANNE’S EPISCOPAL CHURCH

Attendants:

Chair: Tom Hendrickson

Commissioners: Ginny Beckett, Shannon Nelson, Jeannine Nayes and Dominick Driano

City Planner: Ryan Grittman

City Clerk: Cathy Iago

1. CALL TO ORDER: Chair Hendrickson called the meeting to order at 7:00 p.m.

2. ADOPT AGENDA: Chair Hendrickson asked if there were any additions to the agenda and there was no response.

Commissioner Driano moved to adopt the agenda, seconded by Commissioner Nelson and carried (5-0)

3. APPROVE MINUTES AUGUST 21, 2019: Chair Hendrickson asked if there were any additions or corrections to the August

21, 2019 Planning Commission minutes.

Commissioner Driano referred to the following grammatical errors:

Page 3: Delete repetitive wording the applicant” in paragraph 12. Page 3: Change the word retried: to required in paragraph 13. Page 3: Change the word “questions to question in paragraph 14. Page 4: Change the word “mater” to matter in paragraph 13.

Clerk Iago noted the changes and suggested that Commissioners could email any grammatical errors to her prior to the meeting so she could make the corrections and present a revised version for their adoption at the meeting.

Chair Hendrickson asked if there were any further corrections and there was no response.

Commissioner Driano moved to approve the August 21, 2019 Planning Commission minutes as corrected, seconded by

Commissioner Nayes and carried. (5-0)

4. PUBLIC HEARING: A. Major Site and Building Plan Review and Conditional Use Permit, 2431 Angell Road, Jeffrey and Jennifer Vierzba: Chair Hendrickson opened the public hearing for the purposes of discussion of the Major Site and Building Plan Review and Conditional Use Permit for property located at 2431 Angelle Road. He asked the Planner to present his report .

Planner Grittman referred to his report dated September 12, 2019 and explained that the applicants are requesting approval of a Major Site and Building Plan Review and a Conditional Use Permit to allow construction of a swimming pool, sport court, and patio on the property at 2431 Angell Road. He stated that the major site plan review is required for impervious surface alterations exceeding 1,000 sq. ft. in area; he noted that the swimming pool is considered as part of the impervious surface calculation. He further explained that the Zoning Code only allows one (1) accessory structure on the property and that the Conditional Use Permit is required to permit the additional accessory structure. He advised that the property currently has a detached garage/storage structure on the site. He further explained that the Zoning Code does not limit the number of accessory structures on a property, however, when a person seeks two or more structures on their property a Conditional Use Permit if required. He commented that the swimming pool is considered an accessory structure and that it is not out of the ordinary for a property to house two or three accessory structures. He pointed out that although there is not a limit to the number outlined in the Zoning Code, Council has the authority to limit the number of accessory structures.

The Planner stated that one (1) significant tree would be removed as part of the construction process and the applicant proposes to plant three (3) trees for replacement. He explained that the City Forester had reviewed and approved the plan. He further advised that notices were sent to neighboring properties within 1,000 feet of the subject property. He advised tha t


he received a request from one (1) neighbor for a copy of the site plan but had not received any further comments.

Planner Grittman explained that the two items for review this evening include the Major Site and Building Plan Review and the Conditional Use Permit. He explained that the Zoning Code outlines evaluation criteria for each of these applications. He referred to the criteria for the Major Site and Building Plan Review and stated that staff had no concerns with the compatibi lity of the sport court or swimming pool in the community. He further noted that the proposed improvements would not adversely affect any natural resources in the community and would be reused by future owners of the property.

The Planner stated that there was a condition included that no lighting, not even temporary lighting, would be allowed on the sports court and noted that lighting is also prohibited as part of the Zoning Code regulations. He explained that the Sports Court could only be used by the property owner or their guests.

Planner Grittman stated that the City Engineer had submitted a letter dated August 26, 2019, which outlined several items that required further information from the applicant and recommended denial of the request. He noted that the applicant had provided the information to the City Engineer and referred to the Engineer’s memorandum dated September 16, 2019 that

now recommended approval of the plan.

Staff recommends approval of the Major Site and Building Plan Review and Conditional Use Permit with the 10 conditions as

listed in the Planner’s report dated September 12, 2019.

Chair Hendrickson asked if the Commissioners had any questions or comments and there was no response. He opened the meeting for comments from the public.

Jeff Vierzba, 2431 Angell Road, asked how long it would be before he could make application for a building permit and start the project.

Planner Grittman explained that after the Planning Commission makes a recommendation the application would be presented to Council for review at their October meeting. He advised that if Council approves the request, Mr. Vierzba could make application for a building permit. He commented that normally the Building Inspector quotes a two-week time frame for review of the permit, however, since this is not a home construction, it could be approved in less than two weeks. He indicated that the project most likely could begin in the middle of October.

Chair Hendrickson asked if there were any further comments from the public and, hearing no response, closed the public hearing. He asked if there were any further comments from the Commission.

Chair Hendrickson noted the primary location of the septic system was shown on the plan and asked if the applicant had knowledge of a secondary location for the septic system.

Mr. Vierzba stated he was unsure of a secondary location but the existing septic system is only six (6) years old. Commissioner Nelson asked if two separate recommendations would be required.

Planner Grittman stated that the Commission could make a recommendation either for both or each individual request.

Commissioner Beckett moved to recommend approval of the Major Site and Building Plan Review and Conditional Use Permit for property located at 2431 Angell Road, subject to the ten (10) conditions as listed in the Planners report dated September 12, 2019, seconded by Commissioner Nayes and carried. (5-0)

5. Discuss 2020 Planning Commission Meeting Schedule: Planner Grittman referred to the proposed 2020 Planning Commission meeting schedule attached to his memorandum dated September 11, 2019. He explained that the 2020 schedule must be approved by December, 2019 and that he would prefer to do so early in the event the Commission does not schedule another meeting prior to end of the year.

Commissioner Beckett stated she would not be available for the March meeting and Commissioner Driano stated he would be absent for the January meeting.


There was discussion as to whether or not the dates would be affected by the upcoming Presidential Primary and Precinct Caucuses. Chair Hendrickson researched the dates for those events and found both would be held on a Tuesday and should not impact the meeting dates.

Planner Grittman explained that there are no applications for the October meeting and he was unsure if there would be any items for November or December.

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

Commissioner Nelson moved to adopt Resolution No. 19-01-PC titled, RESOLUTION SETTING THE DATES OF THE REGULAR PLANNING COMMISSION MEETINGS FOR THE YEAR 2020, seconded by Chair Hendrickson and carried. (5-0)

OTHER/NEW BUSINESS: Chair Hendrickson asked if there were any other items for discussion.

Commissioner Driano asked if the Commission would be involved in determining the process for calculating the building height as discussed at the last meeting.

Chair Hendrickson explained that Council directed staff to research this item and a few other issues that have been raised. H e stated that after staff completes their research, the Commission would review the information and make a recommendation to Council.

Commissioner Beckett asked if the regulation would be more definitive and Chair Hendrickson responded yes.

Commissioner Driano asked if the issue regarding the trash containers had been resolved or if the property o wner had made application for a Conditional Use Permit. He further asked what would happen if the deadline set by Council for the applicat ion submission was not met by the property owner.

Planner Grittman stated that he sent a letter to the property owner to advise them of the Council decision, however, he had not received a request for an application and that the deadline for submission had passed. He advised that this matter would be handled by the City Attorney.

Chair Hendrickson asked if there were any further questions or comments and there was no response.

ADJOURN: Commissioner Driano moved to adjourn the meeting at 7:30 p.m., seconded by Commissioner Nelson and carried. (5-0)

Respectfully submitted,

Catherine Iago, City Clerk

We are a small community proud of our heritage and committed to the preservation of our pristine, rural character. We cherish our privacy, yet know we are part of a thriving Dakota County and the greater Twin Cities metropolitan area. With these partnerships in mind, we strive to preserve that unique spirit which is Sunfish Lake, Minnesota.