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HomeMy WebLinkAbout2023-12-20 PC MIN(499ateir THE lINTNELACE OF MINNESOTA PLANNING COMMISSION MEETING MINUTES December 20, 2023 REGULAR MEETING 7:00 P.M. Chairman Dybvig called the meeting to order at 7:00 p.m. Present: Chairman Dybvig, Commissioners Cox, Hoffman (remotely), Steinwall, Swanson Absent: Councilmember Odebrecht and Commissioner North Staff: Planning Manager Gutknecht APPROVAL OF MINUTES Possible approval of minutes of November 15. 2023 regular meeting Motion by Commissioner Cox, seconded by Commissioner Swanson, to approve the minutes of the November 15, 2023 meeting. All in favor. OPEN FORUM Lizzie Harris, 1220 Owens Street, encouraged the Commission to keep in mind the walkability of neighborhoods as projects are considered and zoning codes are updated. CONSENT AGENDA There were no items on the Consent Agenda. UNFINISHED BUSINESS There was no unfinished business. PUBLIC HEARINGS Case No. CD2023-59: Variance for New Single -Family Dwelling located at a Vacant lot off of First Street North Planning Manager Gutknecht reviewed the case. The applicants, Jody and Jim Herzog, are requesting a Variance to the steep slope setback requirements to facilitate construction of a new single-family dwelling at 916 1st Street North. The property is a vacant, 15,052 square foot lot with mature tree coverage and a steep grade change near the midpoint. The Heritage Preservation Commission (HPC) approved the design. Staff believes that the variance request meets the practical difficulty test and recommends approval. Chairman Dybvig opened the public hearing. Tom O'Brien, 904 1st Street North, asked if the variance will bring the house closer to the southern border, and Mr. Dybvig replied no, it is a variance to build on the slope. Other setbacks around the building will be complied with. Mr. O'Brien said four years ago, he corrected water drainage issues by installing rebar in concrete blocks on the northwest corner of his house, creating a slope and adding gutters, and now has no problems. He asked if disturbance of the hillside will create a river to his house. Planning Commission December 20, 2023 Mr. Gutknecht pointed out that the conditions of approval require a soil engineer's report and a drainage engineer's report prior to issuance of a building permit. Chairman Dybvig closed the public hearing. Motion by Commissioner Cox, seconded by Commissioner Hoffman, to adopt Resolution PC 2023-30, Resolution Approving a Variance Request to Construct a New Single -Family Dwelling on a Steep Slope Greater than 24% at 916 First Street North (Case Number 2023-59) with the five conditions recommended (included in the Resolution). Commissioner Steinwall pointed out that the Planning Commission is required to consider whether the variance is in harmony with the general purpose and intent of the ordinance (the steep slope ordinance) and whether it is consistent with the Comprehensive Plan. She believes that neither of those conditions is met. The general purpose and intent of the ordinance is to preserve steep slopes for erosion control and stormwater control. In this case, much of the steep slope would be eliminated. Secondly, the Comprehensive Plan in its environmental regulations states that steep slopes are an environmental resource to be preserved. She believes the practical difficulty test is not met, and economic considerations are playing a part in this decision because this is a vacant lot and the proposal is to build a house, where other more expensive alternatives aren't being considered. She is very concerned that the direction in the statute is not being followed. Commissioner Swanson remarked that the ordinances exist so structures can be built without putting the public in danger and so green areas can be preserved. He views this project as infill of an already -developed area. A soils engineer will be required to guide the process so it is structurally stable and will not have a detrimental effect on the area. Chairman Dybvig commented that part of the reason for the steep slope ordinance is drainage but here, there is not a large area that is the steep slope; he believes the Comprehensive Plan talks more about the larger areas i.e. the ravines. He feels that the engineering study will show whether the house can be built without having detrimental impacts on neighboring properties. The lot is not buildable without a variance of one type or another. Commissioner Cox asked Commissioner Steinwall, what does a steep slope add that would be taken away, and Commissioner Steinwall answered that she understands that steep slopes are to be preserved in large part because they can erode very quickly if not cared for. In this case the slope is heavily wooded and soils are likely being held together with the deeply rooted vegetation. There are geotechnical issues as well, which are building code considerations. So there is a dual purpose - public safety and stormwater/erosion issues. The Comprehensive Plan addresses steep slopes in Chapter 3, the environmental chapter, but the steep slope ordinance is lumped into zoning. Her concerns are primarily with the statute on variances. She feels this variance is not in harmony with the purpose of the steep slope ordinance. Commissioner Swanson said he understands that the setback requirement for steep slopes is because steep slopes are inherently unstable and to prevent a structure from being built at risk. He agrees that it does not meet the practical difficulty test, however the requirement for both engineering reports take that out of the equation. Granting the variance turns it over to a professional engineer who can assure that the structure will be built appropriately. Mr. Gutknecht noted that a structure cannot be 30 feet to the shoulder of the slope or to the edge of the slope, but recently the code has been amended for the toe of the slope, allowing administrative approval with the required soil engineering reports to address any of the structural concerns. Page 2 of 4 Planning Commission December 20, 2023 Motion passed 4-1 with Commissioner Steinwall voting nay. Case No, CD2023-65o Final Plat to facilitate lot line reconfigurationi`Grandyiew Bluff Addition" at properties 419 2nd St S. 322 Broadway St S. 437 2nd St S. 428 Broadway St S Planning Manager Gutknecht stated that Brian Brosdahl has applied for a Final Plat to facilitate the reconfiguration of four existing lots. Due to the complexity of the lot line configuration involving multiple parcels, easements, torrens/abstract property, the City Attorney has directed this lot line reconfiguration to be completed as a Plat. All zoning and building code requirements are met. He added that a Commissioner inquired about the need for a shared driveway agreement for 419 Second and 322 Broadway. The City Attorney confirmed that a driveway agreement is required; the records show an existing easement, which the applicant states is a shared driveway agreement This is recommended as a condition of approval until it can be confirmed with the City Attorney. Staff recommends approval of the final plat. Chairman Dybvig opened the public hearing. Del Peterson, 1201 West Willard Street, asked for clarification on the intent of the request. Brian Brosdahl, applicant, replied that the only reason this is being done is to create backyards for two of the existing houses. There is no construction planned. Chairman Dybvig closed the public hearing. Motion by Commissioner Swanson, seconded by Commissioner Hoffman, to adopt Resolution PC 2023-29, Resolution Approving a Preliminary and Final Plat for Grandview Bluff Addition [Case Number CD2023-65) with the two conditions recommended by staff (included in the Resolution). Commissioner Swanson amended the motion to clarify that the Planning Commission is approving the Preliminary Plat and recommending that the City Council approve the Final Plat, and Commissioner Hoffman as the seconder, agreed. All in favor. NEW BUSINESS There was no new business. DISCUSSION There were no discussion items. FYI STAFF UPDATES Affordable Housing Policy Work Plan Update The update was postponed until Councilmember Odebrecht is present. ADJOURNMENT Chairman Dybvig adjourned the meeting at 7:59 p.m. AXTT EST: TOa Gladhill, Community Development Director Page 3 of 4 - # Dybvig, Ch Planning Commission December 20, 2023 Resolution PC 2023-29, Resolution Approving a Preliminary and Final Plat for Grandview Bluff Addition (Case Number CD2023-65) Resolution PC 2023-30, Resolution Approving a Variance Request to Construct a New Single -Family Dwelling on a Steep Slope Greater than 24% at 916 First Street North (Case Number 2023-59) Page 4 of 4