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HomeMy WebLinkAbout2022-11-16 PC MIN-AMENDED PLANNING COMMISSION MEETING MINUTES - AMENDED November 16, 2022 REGULAR MEETING 7:00 P.M. Chairman Dybvig called the meeting to order at 7:02 p.m. Present: Chairman Dybvig, Commissioners Cox, Hoffman, Knippenberg, Steinwall, Swanson Absent: Councilmember Odebrecht Staff: Assistant Planner Gutknecht, Planning Manager Robinson APPROVAL OF MINUTES Possible approval of minutes of October 26, 2022 regular meeting Motion by Commissioner Steinwall, seconded by Commissioner Swanson, to approve the minutes of the October 26, 2022 meeting. All in favor. OPEN FORUM There were no public comments. CONSENT AGENDA There were no items on the Consent Agenda. UNFINISHED BUSINESS There was no unfinished business. PUBLIC HEARINGS Case No. 2022-79: Ordinance Amending City Code Section 31-216 (Nonconforming uses and structures) pertaining to lawful, non-conforming structures to allow for lateral expansions on non- conforming structures provided that the non-conformity is not worsened and would have been allowed at the time of the original construction. Assistant City Planner Gutknecht stated that due to the increased volume of variance applications for requests to expand an existing structure along a lawful nonconforming setback, staff proposes clarifying language in the Zoning Code. Staff has worked with the City Attorney to propose an amendment to the lawful nonconforming standards to specifically allow the enlargement of a structure, provided it does not increase the existing nonconformity. Adoption of this amendment would allow staff to process these specific types of requests administratively and would make variances related to this type of condition less frequent. Additionally, the proposed ordinance amendment removes language that conflicts with Minnesota Statute Chapter 462.357. Staff recommends that the Planning Commission recommend that the City Council approve an Ordinance Amending City Code Chapter 31, Section 31-216 regarding nonconforming uses and structures. Planning Manager Robinson added that the ordinance amendment would give staff more flexibility in working with property owners, and would not preclude staff from bringing certain applications with a gray area to the Commission for interpretation. Planning Commission November 16, 2022 Page 2 of 3 Chairman Dybvig opened the public hearing. There were no public comments. Chairman Dybvig closed the public hearing. Motion by Commissioner Steinwall to table Case No. 2022-79, Ordinance Amending City Code Chapter 31, Section 31-216 regarding Lawful Nonconforming Uses and Structures, to allow for further refinement of the proposed amendment. Commissioner Steinwall commended staff for bringing the issue forward. Her objections are: 1) Some of the proposed language is circular and subjective in terms of what the new exception would be. 2) Some of the language proposed to be eliminated should be discussed further because City Code is allowed to be more restrictive than State Statute. 3) There is some utility to going through the variance process because it could provide the City with input on other issues not normally considered, for example the lateral expansion of a building may block someone’s view or have other impacts. Commissioner Swanson said he likes the fact that the proposed amendment enables and empowers staff to make an informed decision even though some of it is subjective. It is written so that staff can still bring it to the Commission if there is anything out of the ordinary that needs to be reviewed. Chairman Dybvig asked Commissioner Steinwall to explain her concerns, and Commissioner Steinwall noted the proposed language basically says an enlargement isn’t an expansion if it doesn’t enlarge. Instead she suggested, “the enlargement of a nonconforming structure is not considered an expansion of the nonconformity provided that the enlarged structure will conform to all other applicable requirements and will not result in significant adverse offsite impacts such as but not limited to traffic, noise, dust, odors or parking congestion.” Chairman Dybvig asked if there are issues besides the setbacks that would be covered by this, and Ms. Robinson answered that it would cover impervious surface and setbacks; it would not affect height because maximum heights are defined in the base zoning district. The language could state, additionally, that it only applies to setbacks, or impervious surfaces. Commissioner Steinwall said that would be helpful, because the word “enlargement” of a structure could be interpreted to include other things. Commissioner Knippenberg asked if the language that is struck, for instance regarding junkyards, is covered in a different area. Ms. Robinson answered that neither Counsel nor any of the planning staff could ascertain where this language came from and the City Attorney felt it could not be upheld. There are not a lot of zoning districts that allow for junkyards. Staff can do more research and provide more background if the Commission wishes. Commissioner Steinwall asked why the language about certificates would be eliminated, as they may be helpful in real estate transactions, and Ms. Robinson replied that staff routinely provides a zoning compliance letter that makes certificates redundant. Commissioner Steinwall suggested adding language to clarify that the amendment addresses setbacks and impervious surface requirements, rather than any conceivable type of enlargement. Commissioner Steinwall renewed her motion based on the preceding discussion, to table the ordinance amendment for further refinement, and the motion was seconded by Chairman Dybvig. Motion failed 2-4 with Commissioners Swanson, Knippenberg, Cox and Hoffman voting against. Planning Commission November 16, 2022 Page 3 of 3 Motion by Commissioner Knippenberg, seconded by Commissioner Cox, to recommend that the City Council approve Case No. 2022-79, an Ordinance Amending City Code Section 31-216 (Nonconforming uses and structures) pertaining to lawful, non-conforming structures to allow for lateral expansions on non- conforming structures provided that the non-conformity is not worsened and would have been allowed at the time of the original construction. Commissioner Steinwall asked why the Commission would not want to send it back to the City Attorney and staff for refinement. Commissioner Cox said she understands Commissioner Steinwall’s concerns. She can support adding language clarifying that setback and impervious surface are the intended issues, but the rest of it is quite clear and she trusts the City Attorney and staff recommendations. Commissioner Hoffman added that there is underlying zoning code that addresses impervious surface so adding it here is redundant. Motion passed 2-4 with Commissioner Steinwall and Chairman Dybvig voting against. NEW BUSINESS There was no new business. DISCUSSION Case No. 2022-57: Ordinance Amending Accessory Structure Regulations (sizes for larger lots, home offices/recreation rooms, remove conflicting language). Sec 31 304 Sec 31 306 Sec 31 308 Sec 31 314 Ms. Robinson explained that over the past year, the Planning Commission has discussed changes to the Accessory Structure Regulations. At the September 2022 Commission meeting, Director Gladhill presented a version of the ordinance that addressed multiple policies and remedied conflicting language, and the Commission provided feedback. Staff has now incorporated the Commission’s comments into a new draft that also includes changes in the overall format, and clarifies a few definitions. She reviewed the revisions in detail and stated it will be further refined and brought back for a public hearing. The consensus of the Commission was that the language and format changes are helpful. FYI STAFF UPDATES Ms. Robinson informed the Commission that the City will no longer offer Zoom at public meetings, but Commissioners may join meetings via Zoom if needed, with advance notice. ADJOURNMENT Motion by Commissioner Hoffman, seconded by Commissioner Knippenberg, to adjourn the meeting at 7:46 p.m. All in favor. John Dybvig, Chair ATTEST: ______________ Tim Gladhill, Community Development Director