- DRAFT –

SUNFISH LAKE PLANNING COMMISSIONMEETING – JUNE 19, 2019

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


Attendants:

Chair: Tom Hendrickson

Commissioners: Ginny Beckett, Shannon Nelson, and Dominick Driano
City Planner: Ryan Grittman

City Clerk: Cathy Iago

Commissioner Jeannine Nayes was absent

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

2. ADOPT AGENDA: Chair Hendrickson explained that the applicant had requested Item 6. Public Hearing, Major City and Building Plan Review, 270 Salem Church Road be tabled to the July meeting and he asked if that could be done at this time.

Clerk Iago explained that the public hearing notice was published and posted, therefore, the Commission should open the public hearing and then table the matter to the July Commission meeting.
.

The Chair 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 (4-0)

3. APPROVE MINUTES APRIL 17, 2019: Chair Hendrickson asked if there were any additions or corrections to the April 17, 2019 Commission Minutes and there was no response.

Commissioner Nelson moved to approve the April 17, 2019 Planning Commission meeting minutes as presented, seconded by Commissioner Beckett and carried. (4-0)

4. APPROVE MINUTES MAY 15, 2019: Chair Hendrickson asked if there were any additions or corrections to the May 15, 2019 Commission minutes.

Commissioner Driano questioned the wording on page 1, third paragraph from the bottom of the page and asked for clarification of the word “shirting” regarding the footprint of the home.

Chair Hendrickson indicated that the word should be changed to “shifting” the footprint of the home.

Commission Beckett identified a spelling error on page 6 of the minutes, the word “selvage” should be changed to “salvage”

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

Commissioner Driano moved to approve the May 15, 2019 Planning Commission meeting minutes as corrected, seconded by Commissioner Nelson and carried. (4-0)

5. CONTINUED PUBLIC HEARING: A. Major Site and Building Plan Review and Conditional Use Permit, 2150 Charlton Road, Eric and Kathy Weis: Chair Hendrickson explained that this item was tabled from the May 15, 2019 meeting to allow the applicant additional time to submit engineering data. He requested action to move the item off the table.

Chair Hendrickson removed the item from tabling and opened the public hearing. He asked the Planner to present his report.

Planner Grittman explained that the applicants submitted plans for a Major Site and Building Plan Review and a Conditional Use Permit for demolition of an existing home, construction of a new home with an oversized attached garage. He explained that a Conditional Use Permit would allow construction of an attached garage in excess of 1,250 square feet.

The Planner advised that the new home that would be located in approximately the same place as the existing home. He advised that the application meets all standard requirements for both the R-1Single Family Residential District and the Shoreland Overlay District. He explained that Conditional Use Permit is required since the garage exceeds the maximum allowed of 1,250 sq. ft.; he noted the garage would accommodate an indoor sports court. He further advised that the swimming pool meets all requirements for accessory structures.

Planner Grittman stated that the proposed home exterior finishes include stone, composite shingle siding, timbers, cedar shingles for the roof material and a metal roof. He noted that most of the building materials are permitted with the exception of the metal roofing, which requires Council approval. He advised that the existing driveway would be moved slightly and would be constructed of pavers, wood, existing and new bituminous materials. He stated that it is a shared driveway that would be 15 ft. wide, which meets City’s requirements. The Fire Chief reviewed the plan and did not offer any comments. He further explained that the wood would be used near the front entrance to the home, which has a covered entrance, and a culvert would be placed underneath the entryway.

The Planner stated that the lighting plan meets code requirements and that an inspection would be conducted once the lighting is installed to insure it meets the one-foot candle measurement; he noted that the lakeside view would have only ground lighting.

Commissioner Nelson asked how the lighting is measured as she lives across the lake from the property and questioned if the lighting would be seen across the lake.

The Planner explained that there is a tool to measure the lighting and Chair Hendrickson agreed that the lighting is measured from the lake.

Planner Grittman referred to “Revision E” and the City Engineer’s report dated May 21, 2019 which states that the Engineer had reviewed the revised grading, drainage and erosion control plans and recommended approval.

The Planner stated that the City Forester had reviewed the Landscape Plan and recommended approval of the plan. He explained that the orchard trees would be removed and that the Forester approved their removal since they are not natural vegetation.

Planner Grittman advised that the Landscape Plan shows two (2) new monument signs at the entry to the property, which are allowed in the City code subject to fencing requirements. He explained that if the owner wishes to install a gate in the future, they would have to apply for a Conditional Use Permit.

The Planner stated that the septic system was reviewed by the Septic Inspector and he had no comments.

Planner Grittman stated that the Major Site and Building Plan Review meets all City code criteria and staff recommends approval of the application with the conditions as listed in the Planner’s report dated June 12, 2019.

The Planner referred to his report dated June 12, 2019 and reviewed the seven (7) Conditional Use Permit criteria as outlined in the City Code. He explained that the proposed garage would be consistent with other uses in the neighborhood and, therefore, staff recommends approval of the request with one condition as listed in the report.

Chair Hendrickson asked if there were any comments from the public or Commissioners and, hearing none, he closed the public hearing.

Commissioner Driano moved to recommend approval of the Major Site and Building Plan Review for the property at 2150 Charlton Road, Eric and Kathy Weis, subject to the eight (8) conditions as listed in the Planner’s Report dated June 12, 2019, seconded by Commissioner Nelson and carried. (4-0)

Commissioner Driano moved to recommend approval of the Conditional Use Permit for the property at 2150 Charlton Road, subject to the condition as listed in the Planner’s report dated June 12, 2019, seconded by Commissioner Beckett and carried. (4-0)

6. CONTINUED PUBLIC HEARING: Major Site and Building Plan Review, Conditional Use Permit, and Minor Subdivision, 1 Sunfish Lane John Johannson: Chair Hendrickson open the public hearing for a Major Site and Building Plan Review, Conditional Use Permit and Minor Subdivision for property located at 1 Sunfish Lane. He asked the Planner to review his report.

Planner Grittman referred to his report dated Jun2 12, 2019 and stated that the application plan to demolish the existing home and build a new home at approximately the same location on the site. He stated that the applicant is also requesting a Conditional Use Permit to allow construction of an attached garage in excess of 1,250 sq. ft. and Minor Subdivision to correct a non-conformity by splitting the lot into two (2) lots. He explained that the property has Lake Frontage on Sunfish Lake and is subject to both the R-1, Single Family Residential District and Shoreland Overlay District standards in the City Zoning Code. He pointed out that if the Minor Subdivision is not approved, the remaining applications would not be allowed since they would expand a non-conforming use.

The Planner stated that the project meets all standard requirements for the Major Site and Building Plan, Conditional Use Permit and Minor Subdivision applications. He advised that the new home would be constructed on Lot 2 and meets height requirements. He explained that there are several existing out-buildings that will remain on the property. He stated that the new home would be constructed with wood stucco and aluminum lap siding, with asphalt or metal roofing; he noted that if metal roofing is used, Council approval would be required.

Planner Grittman explained that there are two (2) homes on the existing lot, which is a non-conforming use and that approval of the Minor Subdivision would eliminate the expansion of a non-conforming use. He advised that there is a loop-driveway for access to the property and that a private easement would be granted with the Minor Subdivision.

The Planner stated that the applicant added some accent lighting to the rear of the property, however, the home would be situated 400 ft. from the lake and should not have any negative impact on properties across the lake.

Planner Grittman referred to the City Engineer’s report dated May 21, 2019 which stated that the had reviewed the revised grading, drainage and erosion control plans and that he recommended approval of the request.

The Planner stated that the City Forester had reviewed the Landscape Plan and advised that the home would be well screened from adjacent properties; the Forester recommended approval of the plan.

Planner Grittman stated that the Septic Inspector also reviewed the plans had had no comments.

The Planner explained that the applicant wished to install a walking path to the lake, which is allowed in the City Code.

Planner Grittman referred to his report dated June 12, 2019 and reviewed the seven (7) criteria for granting a Conditional Use Permit for the attached garage to exceed 1,250 sq. ft. He advised that he found that the application met all criteria and would not negatively impact the surrounding properties.

The Planner advised that there was one issue relating to the property easements in conjunction with the Minor Subdivision application and explained that the City Code requires a minimum easement of 10 feet wide centered on rear and other lot lines for drainage and public and private utilities. He noted that the City Code further states that if no easement exists on the neighboring property, a 10 foot wide easement may be required; he noted that only a 5-ft. easement would be required if the neighboring property has a 5 ft. easement. He stated that staff found no easements on either neighboring property and advised that the Commissioner may determine if a 5-ft. or 10 ft. easement is required. He further explained that the applicant must provide a legal description of the easement for the City Attorney to file with Dakota County.

Chair Hendrickson asked if requiring a 10 ft. easement on the neighboring property lines would impact the building envelope for the new home and the Planner responded no.

Planner Grittman stated that staff recommends approval of the three (3) requests, subject to the conditions as listed in the Planner’s report dated June 12, 2019.

Chair Hendrickson asked if there were any questions from the Commissioners.

Commissioner Beckett asked if 2 Sunfish Lane was required to have a 5 ft. easement.

Planner Grittman explained that was not a subdivision request, therefore, the City could not request an easement. He noted that the Commission could decide to accept a 5 ft. easement as proposed by the applicant, however, the City Code asks for a 10 ft. easement so there is at least 5 ft. on either side of the property line. D

Commissioner Driano asked the Planner to show the location where the easement would be required and the Planner shoed the Commission the area where the easement would be located.

Chair Hendrickson asked if there was anyone present who wished to speak.

John Johannson, 3408 Zenith Avenue, Minneapolis, MN, 55416 was present and introduced his design consultant David Zweber, and his family. He stated he was present to answer any questions. He explained that the lighting on the rear of the property would be accent/safety lighting for the pool area and would be a low foot candle. He noted there would be no overhead lighting on the property and that he was not requesting any variances.

Mr. Johannson explained that because it is a private road, he met with representatives from Norson contractors, Mr. Joseph’s contractor at 2 Sunfish Lane and resident Jim Bellamo. He advised that he would stake the driveway so that no one goes off road and that he would provide a sample for neighbors to see. He noted that both the homes at 1 and 2 Sunfish Lane would be built well into the sites, and that the contractors would be asked to park within the confines of the site so that traffic on the road is not impacted. He further advised that he would be agreeable to providing the 10 ft. easement on the property line if there is not a 5 ft. easement on the neighboring property. He thanked the Commission and staff for their time.

Linda Tuohy, 9 Sunfish Lane, asked when the demolition and construction would begin and Mr. Johannson stated it should begin around July 10, 2019.

Commissioner Driano pointed out that there are a number of out-building structures on the property that are grand-fathered in and questioned if that should be noted in the action taken by the Commission.

Planner Grittman explained that no action would be necessary regarding those buildings since they are seasonal structures and not permanent dwellings.

Chair Hendrickson pointed out that the structures are shown on the property survey.

Commissioner Driano explained that he wished to have it noted that the structures were existing and are not permanent dwellings so that no precedence is established for future requests to add additional structures on other properties.

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

Commissioner Nelson moved to recommend approval of the Major Site and Building Plan for property located at 1 Sunfish Lane, subject to conditions as listed in the Planner’s report dated June 12, 2019, seconded by Commissioner Beckett and carried. (4-0)

Commissioner Driano moved to recommend approval of the Conditional Use Permit to allow a garage to exceed 1,250 sq. ft. for property for property located at 1 Sunfish Lane, subject to conditions as listed in the Planner’s report dated June 12, 2019, seconded by Commissioner Nelson and carried. (4-0)

Commissioner Beckett moved to recommended approval of a Minor Subdivision for property located at 1 Sunfish Lane, subject to conditions as listed in the Planner’s report dated June 12, 2019, seconded by Commission Nelson.

In discussion, Chair Hendrickson asked if Commissioners or staff had any objection to amending Condition No.1 on page 13 of the Planner’s report. He noted that the applicant was agreeable to providing the 10 ft. easement and suggested removing the last sentence: “The Planning Commission may choose to waive this requirement and keep the five-foot easements.”

All Commissioners agreed to removal of the last sentence under Condition No. 1, on page 13 of the Planner’s report.

Commissioners Beckett and Nelson agreed to amend the motion to include removing the last sentence from Condition No. 1 as listed in the Planner’s report dated June 12, 2019.

Motion as amended carried. (4-0)

7. PUBLIC HEARING: Major Site and Building Plan Review, 270 Salem Church Road: Chair Hendrickson open the public hearing for the purpose of reviewing the application for a Major Site and Building Plan Review for property located at 270 Salem Church Road.

Planner Grittman explained that the applicant had asked that this matter be tabled to the July Planning meeting to allow some changes to the application. He stated that due to the fact staff must publish the notice of the hearing and send letters to the surrounding properties, it is appropriate for the Commission to take action at this time to continue the public hearing and table this matter to the July meeting.

Chair Hendrickson stated he and the Planner went to the site to notify anyone present that the application would be continued to the July meeting. He asked if staff would publish another notice and resend the letter to adjacent properties.

Planner Grittman responded that he would republish the notice.

Commissioner Driano moved to continue the public hearing on an application for a Major Site and Building Plan Review for property located at 270 Salem Church Road to the July 17, 2019 Planning meeting, seconded by Commissioner Nelson and carried. (4-0)

OTHER/NEW BUSINESS: Chair Hendrickson asked if there was any other/new business and there was no response.

ADJOURN: Commissioner Beckett moved to adjourn the meeting at 7:40 p.m., seconded by Chair Hendrickson and carried. (4-0)


Respectfully submitted,

________________________

Catherine Iago, City Clerk