SUNFISH LAKE PLANNING COMMISSION MEETING
– MARCH 21, 2007
7:00 P.M. - ST. ANNE’S EPISCOPAL CHURCH
Attendants:
Chair
Eberhard Bulach
Commissioners: Arnulf Svendsen and Joanne Wahlstrom.
City Planner:
Laurie Shives
City
Engineer: Donald Sterna
City Clerk:
Catherine Iago
and
Members of the General Public.
Commissioners
Andrea McCue and Tom Votel were absent.
I.
CALL TO ORDER: Chair Bulach opened the meeting at 7:15
p.m.
II.
APPROVE AGENDA: Chair Bulach asked if there were any
comments or corrections to the December 20, 2006 Commission minutes as
presented and there was no response.
Commissioner Svendsen moved to approve the December 20, 2006 Planning
Commission minutes as presented, seconded by Commissioner Wahlstrom and
carried 3-0.
Chair Bulach asked if the
Chair and Commissioners should be sworn in. Clerk Iago explained that
since these are appointed positions versus elected positions the
swearing in is not required. She stated that Commissioners Wahlstrom and
McCue were reappointed to serve two-year terms and that Commissioner
Bulach was appointed as Chair of the Planning Commission for 2007.
III.A. Public
Hearing/Consideration of Site and Building Plan Review/Conditional Use
Permit/Variance for
Construction of a New Home on a Non-Conforming Lot of
Record at 2165 Charlton Road: Riley/Chase.
Planner Shives stated the applicants are
requesting approval of site and building plan review, a conditional use
permit to allow construction of a new home on a non-conforming lot of
record and two variances from side yard setbacks. She explained that the
current owners, Roger and Barbara Riley, plan to sell the home to Jackie
and Mike Chase. Mr. and Mrs. Chase are working with Santanni Custom
Homes, Inc. and plan to tear down the existing home and construct a new
home on the site.
The Planner advised that the property is zoned Single Family Residential
and it is not located in the Aircraft Noise Abatement Zone, but it is
located within the 1,000-foot Shoreland Overlay District. She stated
that the request requires approval of a CUP to allow for redevelopment
of an existing non-conforming lot of record. She further explained that
the applicant is also requesting approval of a 35-foot variance from the
side yard setback/right-of-way on the east side of the property and a
6-foot variance from the side yard setback on the west side of the
property for construction of the new home. She noted that the proposed
structure would be in compliance with the front yard setback
requirements and would not exceed the height restrictions. She stated
that the grading would be limited to the garage and driveway areas and
that the applicant proposes to reconfigure the existing driveway.
Planner Shives stated that the drainfield locations have been reviewed
and approved by the City Septic Inspector. She explained that the
applicant is proposing to install five door lights that would be
equipment with a light shield to assure that none of the list is emitted
above 45 degrees and that seven recessed can lights are also proposed.
She stated that the applicant is proposing to remove three trees to
accommodate the new home building site and that a landscape plan has
been submitted and indicates the installation of 70 new trees. She noted
that the City Engineer identified that eleven of the trees proposed for
installation are located within the right-of-way for Charlton Road and
he recommended that a condition be included to require the eleven trees
be moved to other locations on the site outside of the right-of-way.
The Planner advised that the house is proposed to be located in the
center of the property to maximize setbacks from surrounding properties,
Charlton Road and the existing power line and it would have no negative
impact on neighboring properties. She explained the applicant is
proposing to use shake siding and earth-tone colors on the exteriors of
the home. She further explained that the City’s Comprehensive Plan
guides the property as Low Density Residential and the proposal is
consistent and compatible with the Comprehensive Plan.
Planner Shives explained that the two variances being requested are
based on the irregular shape of the lot that limits the normal buildable
area and the fact that the lot has a power line and a 50-foot power line
easement running through a portion of the buildable area of the lot.
She noted that with the requested 35-foot side yard setback from
Charlton Road and a 6-foot side yard setback from the west property line
reasonable use of the property does not exist due to the easements and
lot shape.
Staff recommends approval of the requests due to the fact that the
Comprehensive Plan encourages redevelopment, the variances are based
upon the irregular lot shape, power line and easements and that the Site
and Building Plans meet all criteria.
Chair Bulach asked if there were any
comments from the public and hearing no response he closed the public
hearing.
Commissioner Svendsen commented that the
Planner had indicated the location of the new home versus the existing
home appears to lessen the non-conformity of the structure on the lot.
Planner Shives stated that granting the
variances would not lessen the non-conformity from the east side of the
property, but it would lessen the non-conformity from the side yard
setback along the west.
Chair Bulach asked the City Engineer to comment on the fact that the
plans do not show any culverts at the street.
Engineer Sterna explained that although the plans do not show the
culverts, he has discussed the matter with the applicant and recommended
the ditch be excavated and a 15” pipe installed.
Commissioner Wahlstrom asked if new drawings should be submitted. Mr.
Sterna responded that he does not believe that is necessary and that he
would work with the applicant, who is agreeable to the recommendation.
Chair Bulach asked if there were any further comments.
Ron Santanni, builder, explained that if
the applicant were to conform to the set back requirements, the lot
would be unbuildable due to the irregular shape and easements. He stated
that the proposed new home would be a great improvement to the lot.
Cynthia Betts was present representing
Mr. & Mrs. Chase, and noted that the new owners are excited to move into
the area and wish to maintain the natural state and culture of the site.
Barb Riley, current property owner, stated she supports the requests and
that she has enjoyed living in the City and would be moving to be closer
to her daughter.
Commissioner Svendsen asked if all items could be included in one
motion. Clerk Iago responded yes.
Commissioner Svendsen moved, seconded by
Commissioner Wahlstrom, to recommend approve the following items with
conditions and findings as listed in the Planner’s report:
1. Conditional Use Permit based on a finding that the request is
consistent with the requirements of the
Zoning Ordinance and the intent of the comprehensive Plan and will
be compatible with surrounding
land uses.
2.
A 35-foot Variance to allow construction of a new home 65 feet
from the side yard property (right-of-way) line abutting Charlton Road
based on a finding that non-economic hardship has been demonstrated and
due to the irregular lot shape, power line, and 50-foot power line
easement that encumber the lot.
3.
A 6-foot Variance to allow the construction of a new home 44-feet
from the west side yard property line based on a finding that
non-economic hardship has been demonstrated and due to the irregular
lot shape, power line, and 50-foot power line easement that encumber the
lot.
4.
Site and Building Plans to permit the construction of a new home
on a lot located at 2165 Charlton Road, subject to the 5 Conditions as
listed in the Planner’s report.
Motion carried. 3-0
III.B. Public Hearing/Consideration
of Site and Building Plan Review/Conditional Use Permit/Variance for
Construction of a New Home and Related Accessory Structures on a Vacant
Lot at 230 Salem Church Road: Flynn.
Planner Shives
explained that the applicant indicated he wished to move the location of
the home and asked for clarification if the matter should be considered
this evening or if the applicant is going to be required to submit a
revised site plan.
Vince Flynn, applicant, stated that the home had been in the planning
stages and after the building area was staked, he determined it was not
the best location for the home on the site. He noted that the plans
would be revised to relocate the home 50-feet to the west and pivot the
home for a better fit on the lot and to lessen its visibility from the
closest neighboring lot. He apologized that he was unable to have the
finalized revised plans available rather than just a concept drawing and
asked if the Commission would be willing to act on the concept plan.
Chair Bulach stated that normally the applicant would be asked to
resubmit the plans for a major change.
Planner Shives recommended that the public hearing be continued and
action on this matter be tabled to the April 18 Planning Commission
meeting. She stated that if the applicant provides the revised plans by
Friday of this week it would allow staff time to review them prior to
that meeting.
Chair Bulach stated that the changes appear to be large enough to
require staff review and he would support the staff recommendation.
Judd Stattine, Project Manager, asked if the matter would definitely be
heard in April if plans are turned in by Friday.
Planner Shives
responded yes, and stated that staff also needed time for renotifcation
to the neighbors regarding the public hearing.
Vince Flynn requested a point a clarification and noted that there are
no encroachments, that the overall plan has not changed, and that all
setbacks would be met with the new location for the home. He indicated
he has spent substantial time and money on the project and would prefer
it not be delayed.
Chair Bulach expressed concern that if the Commission reviewed the
materials prior to staff review it may establish precedence for future
applications. Commissioner Wahlstrom agreed.
Commissioner Svendsen pointed out that in the past the Commission had
reviewed a project and provided a temporary approval subject to
submission of all documentation.
Planner Shives pointed out that with the third option for the home
location that was presented this evening there are several unanswered
questions and staff would prefer to have the final drawings for review.
Kyle Hunt, builder for the project, asked if the Commission or staff
could point out any concerns or issues related to the plan at this time.
Engineer Sterna stated that when he initially reviewed the building
plans, he believed the home would be better suited in this location on
the site. He stated that he agrees with the Planner that the building
plans must still be revised and submitted for staff review to address
the height, grading and drainage. He noted that contours for the
property would be needed and pointed out that the current driveway
location would be placed over a drainfield area. He also noted that
there is a City pond located on the property and one option for the
driveway relocation would be through that area; however, he would need
to review a revised plan to determine the relocation of the pond if that
occurs. He noted that he would prefer to have more defined grading and
contour plans and that the drainfield issue needs to be addressed.
Mr. Flynn questioned if the matter would heard before Council in May if
the application is tabled at this time. He asked for input from the
Commission regarding the revised plan.
Chair Bulach explained that the Commission has experienced problems in
the past by trying to accommodate a rushed schedule and therefore he
would prefer to delay the matter to receive staff input. He commented
that in his opinion the home appears beautiful and he is excited that it
will be built in the City.
Mr. Hunt explained that they cannot do percolation tests on the property
due to the frozen ground and noted that the driveway currently is
located across the drainfield area. He questioned if the drainfield
location could be delayed until such time as testing could be
accomplished.
Planner Shives explained that the City has approved site and building
plans pending the septic locations and that the site appears to have
adequate area for locating the drainfields.
Engineer Sterna expressed concern that the driveway should not be
located across the drainfield. He pointed out that the new proposed home
location appears to be the most logical place for the building site.
Mr. Hunt commented that he is aware of the fact that one of the issues
related to the height requirement is drainage factors and that the
elevation of the home may be changed due to the new location. He noted
that the height requirement may change the architectural features of the
home and questioned how the height limitation was established.
Gretchen Keenan stated that she resides on Windy Hill Court and several
residents in that area had to modify their plans to accommodate the
height restriction. She indicated that the lower height was to insure
that the view of the lake was not obstructed for neighboring properties.
Mr. Kampmeyer explained that several years ago a home was constructed at
55-feet high and he believes that was the rationale for the lower height
restriction. He agreed that some of the homes on Windy Hill Road and
Roanoke Road do not appear architecturally correct due to the lessened
height; he stated he believes the restriction should be changed and that
each home should be reviewed on its own merits.
Chair Bulach stated that the restriction is in place and that council
would have to request that the Commission review an ordinance change if
it were to be changed.
Chair Bulach asked if there were any further comments and there was no
response.
Mr. Flynn asked if
he was required to waive his rights to the 60 day review period so that
the matter could be tabled to the next meeting and if the waiver should
be in writing.
Planner Shives
responded yes and asked that he submit the written waiver this evening.
Mr. Flynn agreed.
Commissioner
Wahlstrom moved, seconded by Commissioner Svendsen, to continue the
public hearing on the Flynn application to the regular Planning
Commission meeting held on April 18, 2007, to allow staff time for
renotifcation to neighbors and to review the revised plans for the new
location of the home. Motion carried. 3-0
Commissioner
Svendsen moved, seconded by Commissioner Wahlstrom, to table action on
the application submitted by Vince Flynn for property located at 230
Salem Church Road to the April 18, 2007 regular Planning Commission
meeting. Motion carried. 3-0
III.C. Consideration of Request for
Temporary Soil Stockpiling on the Mager Property at Windy Hill Road and
Salem Church Road.
Planner Shives explained the request for review of an application to
allow temporary soil stockpiling on the Mager property located at the
northwest corner of the intersection of Salem Church Road and Windy
Hills Road. She stated the site contains approximately 30-acres and is
currently vacant. She advised the property is zoned R-1, Single Family
Residential and is guided for low density residential uses by the
Comprehensive Plan. She noted that the applicant had originally
submitted an application that was withdrawn due to outstanding issues
and concerns raised by City staff; the applicant has now submitted
revised plans that address staff’s concerns.
Ms. Shives stated the applicant is proposing to stockpile 5,600 cubic
yards of soil on the subject property and has submitted a preliminary
future development plan for the site that indicates the proposed
location of 8-single family home sites. She explained that the applicant
is proposing to stockpile the material within an existing driveway area
that would ultimately serve as a private drive for some of the future
home sites. She advised that it was noted by the City Septic Inspector
that septic drainfields cannot be located within disturbed areas, and
therefore placement of the soil material on the site would render those
areas used as a temporary stockpile location unsuitable for future
drainfield sites. She also noted that the applicant is proposing to add
soil to the stockpile during the spring and summer of 2007 and indicated
that in early fall 2007 the entire stockpile would be seeded and mulched
to re-estalish permanent turf.
The Planner explained that the City Engineer reviewed the plan and has
recommended a condition of approval be attached that requires the
temporary stockpile be removed or that the soil be placed in its final
location on the subject site within a 5-year time period. Additionally
the Engineer recommends that a $20,000 Letter of Credit be submitted to
the City prior to any placement of soil on the site in order to assure
that the conditions of approval are adhered to.
Ms. Shives reviewed the Major Review Evaluation Criteria as outlined in
her report and stated that the soil stockpiling may have an adverse
effect on adjacent properties as a soil stockpile is not in harmony with
the adjacent developed and landscaped properties. She noted however, the
location of the temporary soil stockpile is such that it would be
screened from adjacent residential properties by the existing topography
and vegetation. She also advised that upon future development of the
subject site, the temporarily stockpiled material could be used to
establish berms that would provide screening and buffering of the new
development.
The Planner stated that staff recommends approval of the request,
subject to the nine (9) conditions listed in the Planner’s report.
Chair Bulach asked if there was anyone present who wished to speak.
Michael Kampmeyer of Acadia Group was present representing the property
owners, Don and Shirley Mager. He stated that there is natural berming
between the existing homes on Windy Hill Road and sufficient variation
in topography to screen the stockpiling area. He noted that 5,600 cubic
yards of soil would produce a 200 ft. x 200 ft. area approximately 5-ft.
high and would not be visible to most properties, with the exception of
one area on Salem Church Road. He also noted that the stockpiled
materials would be used to create berms that would screen the future
development in this area.
Chair Bulach asked if there were any comments from the audience.
Tracy Ward, 1 Windy Hill Court, stated her rear-yard faces the area and
she believes the request goes against the current City regulations for
stockpiling. She explained that when her home was constructed she
received letters from the City Engineer requesting that the soil
materials be moved from her property. She further explained that she has
concerns regarding increased drainage onto her property and that the
site is an eyesore as you enter the City.
Marie Nelson, 9 Windy Hill Court, stated she agreed that there are
issues with drainage from the site flowing onto the Ward property and
she believes the stockpiling may increase the drainage problem.
Ms. Ward stated she wished to discuss possible solutions to the existing
drainage problem from the adjacent property with the City Engineer and
that she believes future development in this area will increase the
current problem and cause flooding on her property. She noted the major
issue in her opinion is the 5-year timeframe for stockpiling the
materials and that she preferred the applicant submit a formal
development plan prior to granting approval of the stockpiling request.
She commented that she did not wish to look at a silt fence for 5-years.
Mr. Kampmeyer noted that Ms. Ward would not be able to view the
stockpiled materials from her property. He also explained that the
materials would be seeded in the fall to establish turf and the silt
fence would be removed at that time.
Sherry Hansen, 7 Windy Hill Court, commented that the street is not
called “Windy Hill” Court for nothing. She agreed that the 5-year
timeframe is unacceptable and noted that all the lots along her street
were flat and soils from the home construction on the lots were used for
berms.
Chair Bulach asked if there were further comments and there was no
response
Chair Bulach explained that he performed some calculations and found
that if the 5,600 cubic yards of soil were spread over the entire
30-acre site it would only increase the level of the land by
approximately 1-1/2 inches. He stated that the adjacent property owners
were aware of the fact that this parcel would eventually be developed
when they purchased their lots. He commented that the City cannot deny
the property owner the right to develop the parcel and that in his
opinion the property owner appears to be planning ahead for future
development.
Gretchen Keenan, 3 Windy Hill Court, stated she does not oppose the
development of the property and that the previous owner had drafted a
preliminary plan for the site. She commented that in her opinion the
regulations appear to be getting more lenient and noted that when her
pool was constructed she was told to move the soils off her property and
was not allowed to construct a berm on her property.
Engineer Sterna explained that there were extenuating circumstances on
the Ward property and he advised that no changes could be made that
deviate from what was shown on the initial building and site grading
plan. He noted that no berms were initially shown on the Ward’s building
plan and that was why they received a letter requesting their removal.
Ms. Ward disagreed and explained that the landscaping plan showed the
berms and that she was not allowed to keep any soil materials on her
property for any length of time.
Mr. Sterna explained that berming would be shown on the grading plan and
the plantings to be placed on the berm would be shown on the landscaping
plan. He noted that he reviews the grading plans for home construction
to insure that the drainage flows away from the home and that berming is
not considered landscaping. He further noted that if a property owner
wishes to change any grading on their property, the plan would have to
be revised. He pointed out that applicant proposes to use the
stockpiled materials on this site in the future to provide a buffer
between the existing and future homes. He also stated that no property
owner on Windy Hill Court submitted an application or a request to bring
in soils for berming on their property. He commented that all the
drainage on this site originally flowed to the southwest and the
stockpiling would not change the flow. He noted that the NPDES permit
requires dust control measure be in place and the applicant is required
to restore turf on the stockpiled materials within 7 to 14 days; the
topsoil needs to be stripped, re-seeded and the permit remains in force
until 70 percent of the turf is established. He further advised that the
drainage ditches would be reinforced with additional rock.
The Engineer discussed the fact that the ideal location on the site for
placement of the stockpiled materials would be along the west property
line due to the fact that berming in this area would prevent runoff and
it would be a good location for ponding. However, he noted that
placement of the stockpiled materials in the proposed future driveway
area on the site maintains the applicant’s options for future
development of the site and does not limit the future lot
configurations.
Mr. Kampmeyer agreed that berming along the rear portion of the Ward
property and construction of a pond in that area would alleviate the
drainage issues.
Ms. Ward questioned why the applicant is not placing the stockpiled
materials in that area at this time.
Ms. Keenan questioned why the applicant is not submitting a plan for
development at this time and noted development of the property would
improve the appearance since it is one of the entrances to the City. She
also indicated it would address drainage issues relating to her property
and the Ward property.
Commissioner Svendsen asked if stockpiling is an allowed use. Chair
Bulach stated it is the first time a request has been submitted not in
conjunction with a development plan, although it is not a restricted
use.
Mr. Kampmeyer explained that Mr. Mager does not wish to spend a
substantial amount of money to plat the property at this time and that
he believes the property owner would be willing to work with the
neighbors when platting occurs to address the drainage issues and
install berming to screen their properties.
Ms. Keenan asked where the soils would be coming from, how they are
measured and who would be checking for contamination.
Mr. Kampmeyer explained the soils would come from various sites and all
of the sites have had Phase I Environmental Studies conducted on the
soils. He noted that he lives in the City and has no desire to bring in
contaminated soils.
Ms. Keenan noted that all of the neighbors she has had contact with
along Windy Hill Court are opposed to the request; she also noted that
the O’Leary’s had submitted a letter opposing the request. She commented
that staff has not shown the residents it is an allowed use and that she
believes the rules change with different applications.
Ms. Ward stated she is not opposed to development of the property, but
she wished to see a plan for development.
Chair Bulach pointed out that this is the largest parcel within the City
yet to be developed and he indicated that he believes developer should
be provided some benefit of doubt. He commented that a formal
development plan would be preferable, but the concept plan shows only 8
lots in excess of 3-acres each.
Commissioner Svendsen advised that he is hesitant to support the
proposal since there is no precedence for this type of application and
there is no evidence to support that stockpiling is an allowed use.
Commissioner Wahlstrom agreed and commented that if this were adjacent
to her property she would be outraged.
Chair Bulach asked if there were any further comments and there was no
response.
Commissioner Bulach moved, seconded by Commissioner Svendsen, to
recommend denial of the request for temporary soil stockpiling on the
Mager property (NW Quadrant of the intersection of Windy Hill Road and
Salem Church road) based on a finding that the project is not consistent
with the Major Review evaluation criteria outlined in Section 1208.04 of
the Zoning Ordinance and the fact that there is no evidence to support
that stockpiling is an allowed use. Motion carried. 3-0
IV. Public Hearing:
Consideration of Zoning Ordinance Amendments Relating to Illicit
Discharges into the
City’s Storm Water System.
Planner Shives
explained that the city completed an update of its comprehensive Storm
Water Management Plan in January, 2006 and in order to be in compliance
with the plan, the city must adopt regulations relating to illicit
discharge of pollutants into the City’s Stormwater Drainage System. She
stated that staff has drafted a proposed ordinance amendment which
outlines procedures and requirements for discharges into the City’s
Strom Drain System. She noted that a public hearing must be held and
input received.
Engineer Sterna explained that the proposed regulations are also a
requirement of the NPDES permit.
Chair Bulach asked if there were any comments and there was no
response. Chair Bulach closed the public hearing.
Commission Wahlstrom moved, seconded by Commissioner Svendsen, to
recommend adoption of the Ordinance Amending the Storm Water Management
Section of the City Zoning Ordinance Relating to Illicit Discharge of
Pollutants into the City’s Stormwater Drainage System. Motion carried.
3-0
V.
Other Business/New Business:
A.
Outdoor Events in INS District.
Planner Shives explained that Bethel Baptist church had discussed the
possibility of a summer social event for a large group of people. She
advised that no parameters or criteria are included in the existing
Zoning Ordinance to prohibit such an event and that the current
Ordinance allows for “related social events” although it does not
provide any criteria. She explained that the City Attorney suggested
Council may wish to consider a provision in the Ordinance that allows
such events under an IUP - on an interim basis.
The Planner stated that staff is requesting direction from the
Commission regarding whether or not to begin preparation of an ordinance
amendment to provide for such events to be held in conjunction with an
Interim Use Permit application.
Chair Bulach commented that there are large numbers of people attending
church on holidays and for such events and he does not believe 300
people would cause problems. He suggested that the matter be handled
through discussion with the church representatives and that staff
outline the City concerns relating to traffic, sanitation and parking.
Commissioner Svendsen agreed and explained that he had a large group of
people attend a graduation event at his home and no permit was
required.
Commissioner Wahlstrom explained she lives near the church and there
have been outdoor events in the past that were noisy but were closed by
10:00 p.m. She stated that the church has always cleaned up debris and
been cognizant of the neighboring properties.
The Planner suggested that staff and a Council representative could meet
with the church representatives to discuss any concerns.
Chair Bulach asked if there had been any requests from the other
churches in the City for such events.
Planner Shives stated she was not aware of any other requests and noted
that another option would be to initiate a special events permitting
process.
The Commissioners concurred that it would be more appropriate for staff
to send a letter to the church that outlines concerns such issues as
traffic, sanitation, parking, and ask that the Church be sensitive to
neighboring properties.
Chair Bulach commented that if problems occur the City would still have
the option to discuss an amendment.
B.
2008 Comprehensive Plan Update.
The Planner explained that a work program was developed by staff that
outlined the time-frame for the mandated 2008 Comprehensive Plan Update.
She stated that a meeting was scheduled for Monday, March 26, with
representatives from the Metropolitan Council staff, City staff, Mayor
Park and Councilmember McManus and Chair Bulach to discuss the City of
Sunfish Lake designation. She noted that the Met Council suggested
Diversified Rural Community designation which is not consistent with the
City due to the fact it is mostly developed at this time. She stated the
meeting would be to discuss the Met Council rationale for their
suggested designation. She indicated that the current Rural Residential
designation for the City appears to be more fitting for the community.
She stated that she would keep the Commission informed on this matter.
Planner Shives stated she would not be in attendance at the next meeting
due to her upcoming wedding but that one of her company’s principals,
Steve Grittman would be covering the April 18th meeting. The
Commission offered their best wishes and congratulations to Laurie.
Chair Bulach stated he would be unavailable to attend the April meeting
and asked Commissioner Svendsen to Chair the meeting; Commissioner
Svendsen agreed.
VI.
ADJOURN: Commissioner Svendsen moved, to adjourn the meeting
at 9:15 p.m, seconded by Commissioner Wahlstrom and carried. 3-0
Catherine Iago, City Clerk
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