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Home My WebLink About2024-07-24 PC MIN(499ateir THE lINTNELACE OF MINNESOTA PLANNING COMMISSION MEETING MINUTES July 24, 2024 REGULAR MEETING 7:00 P.M. Chairman Dybvig called the meeting to order at 7:00 p.m. Present: Chair Dybvig, Commissioners Cox, Hoffman, North, Steinwall Absent: Commissioner Swanson and Councilmember Odebrecht Staff: Planning Manager Gutknecht, Assistant City Planner Molasky APPROVAL OF MINUTES Possible approval of minutes of June 26, 2024 workshop and regular meeting Motion by Commissioner Cox, seconded by Commissioner Hoffman, to approve the minutes of the June 26, 2024 workshop and regular meeting. Motion passed 4-0-1 with Chairman Dybvig abstaining. 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. CD2024-032: Variance to Maximum Lot Coverage for Proposed Pool at 3393 Pioneer PI Assistant Planner Molasky explained that the applicant, Nik Hawley from Performance Pool and Spa (the Contractor), is seeking a Variance for the construction of a pool that would increase the total impervious surface coverage. The 14,256 square foot residential lot contains a two-story single-family dwelling and an attached garage built in 1999. The original As -Built shows the property with a main dwelling, attached garage, driveway, porch and two small rear decks at approximately 30% coverage. Since original construction the decks have been expanded and a patio has been added behind the main dwelling. The project site currently has no remaining impervious surface that could be used without the need for a variance. The property is part of Liberty on the Lake which coordinated with the watershed districts at the time of development. This property is in the Brown's Creek Watershed District. Staff cannot locate records indicating a superseding lot coverage agreement. Staff acknowledges that since the time of this development there has been a change in impervious surface interpretation that now includes decks as part of impervious surface calculations, when they were not at the time of this development. The proposed action seeks to allow the construction of an approximately 1,034 square foot pool, deck, and equipment pad to accommodate a 17 'by 36 'pool located behind the house. The proposal would increase the lot coverage to approximately 41.7% Planning Commission July 24, 2024 (5,947 square feet), an increase of approximately 6.7%. In addition, the applicant designed a drain tile system to direct stormwater run off from the property. The applicant believes the mitigation system would compensate not only for the additional impervious surface of the project, but the previously installed overages of impervious surface. Based on the plight outlined by the landowner that they would like to have a pool and that their property does not have the additional impervious surface allowance to accommodate the project, staff believes this does not satisfy the required practical difficulty requirements. Staff recommends denial of this request. She added that the City Council recently denied an appeal to a Variance denial for a very similar case, and directed a priority study to see if there were opportunities to allow increased lot coverages for neighborhoods that have certain dedicated common open space. Staff is meeting with the DNR and applicable watersheds in early August. Chairman Dybvig asked if the 25% threshold is part of the Planned Unit Development or a Statewide statute for every development. Ms. Molasky replied it is for the Shoreland Management Overlay District which is mandated by the State and applies statewide. Nik Hawley, applicant, Performance Pools, explained that the property is currently over the 25% coverage and they are trying to meet the 25%. With the addition of the pool and associated mitigation practices, the project will improve the runoff, which will be helpful to the community overall. He explained his history of working through these types of hardships. Chair Dybvig asked how maintenance would be handled, and Mr. Hawley replied it will be easy to direct all drainage to a certain location according to a math equation that will create a cubic square footage of rock underground with drain tile to help direct the water. No maintenance will be required as it will be bedded with fabric to eliminate erosion. Chair Dybvig replied there will be solids that collect; this is why the City cleans its weirs of sticks and leaves and debris every so many years. Mr. Hawley replied that's argumentative but yes, potentially there could be debris. He confirmed there is no plan for any type of maintenance on this site. Commissioner Steinwall asked where stormwater will be directed, and Mr. Hawley said the project will maintain the drainage on the property; there will be drain tile around the pool to pick up everything the pool and patio will be shedding. The project will decrease what is currently running through their neighbor's property, directing it to a lower collection point. Phil Gropel, property owner, said from a practical difficulty standpoint they purchased the home in 2017 and intended to install a pool but decided not to do so. Had they installed a pool then, the pool would be there today but the rules changed. They are bringing the property from 32% down to 25% coverage via their mitigation efforts associated with this project. Chairman Dybvig opened the public hearing. There were no public comments. The public hearing was closed. Commissioner Cox said she appreciates the mitigation effort but the Commission must follow set rules, so until the code is updated, it must stand firm at 25%. Chairman Dybvig and Commissioner Steinwall said they do not see practical difficulty. Commissioner Steinwall said she applauds the homeowners and consultant for their work and is glad to hear staff is working with the DNR and watershed districts on possible solutions. Motion by Commissioner Cox, seconded by Councilmember Hoffman, to adopt Resolution PC2024-07, Resolution Denying a Variance Request to Exceed the Maximum Allowable Impervious Surface of 25% at 3393 Pioneer PI (Case Number CD2024-032). All in favor. Page 2 of 4 Planning Commission July 24, 2024 Case No. CD2024-033: Zoning Ordinance Text Amendment and Conditional Use Permit Request for a Cultural Event Center at 601 Main Street North Planning Manager Gutknecht explained that the applicant, the Manitou Fund, and Brian Bell, its representative, is seeking: 1. a Zoning Text Amendment that would allow "libraries, art galleries, theaters, for the performing arts, and other such cultural facilities" as a Conditional Use in the Central Business District (CBD); and 2. a Conditional Use Permit for a library, art gallery, theater for performing arts, and other such cultural facilities, and a permit for an Event center to operate a Cultural Arts Center. Staff is also recommending the addition of "Event Center" to Section-236 as a separate use listed in Code, as the use proposed by the applicant involves hosting events on the property and there is no current "Event Center" use listed in the Zoning Code. He noted there have been a number of event centers approved in the past, most approved under a previous process and language which has since been struck from Code per the City Attorney. Staff recommends that the Planning Commission recommend approval of the ordinance amendment to Section 28-236 and the Conditional Use Permits by the City Council, with two conditions of approval. Brian Bell, Dorsey & Whitney, representing the Manitou Fund, said that River Grove School's move back to Forest Lake Township earlier than anticipated allows the Manitou Fund to use this facility for what they had always intended, an education and arts center. They don't anticipate more than two or three classes at any one time, weekday evenings and weekends, - there will be significantly fewer people than when school was operating there. The theater seats about 130 people; their plan is to have performances of theater classes, which would be the times of most intense use. There are no immediate plans for outdoor use. Chairman Dybvig opened the public hearing. Steve Duncan, 650 North Main St. #401, voiced parking concerns and asked what are the age groups for the classes? Mr. Bell replied all ages, and said the Manitou Fund also leases the parking lot to the north of the Zephyr Theater and those spaces are not included in the 51. Mr. Gutknecht added that with 128 seats in the theater, City Code requires 43 parking spaces. The public hearing was closed. Commissioners Hoffman and Cox voiced appreciation for the expansion of arts options downtown. Motion by Commissioner Hoffman, seconded by Councilmember Steinwall, to recommend that the City Council approve the Zoning Text Amendment that would allow "libraries, art galleries, theaters, for the performing arts, and other such cultural facilities" as a Conditional Use in the Central Business District (CBD). All in favor. Motion by Commissioner Steinwall, seconded by Commissioner Hoffman, to recommend City Council adopt Resolution 2024-_, Termination of Resolution PC2023-19 for an Interim Use Permit for a K-6 School at 601 Main Street North and Granting a Conditional Use Permit for a Cultural Facility (Library, Art Gallery, and Theater for Performing Arts) and a Conditional Use Permit for an Event Center at 601 Main Street North. All in favor. NEW BUSINESS Planning Commission Work Plan Mr. Gutknecht provided a draft of the Work Plan/Strategic Plan the Commission has been putting together to guide its proactive policy work. Page 3 of 4 Planning Commission July 24, 2024 Commissioner Steinwall suggested deleting the phrase "future -proof the City's growth" which appears under sustainable development initiatives. Motion by Commissioner Steinwall, seconded by Commissioner Cox, to recommend that the City Council adopt the Planning Commission Work Plan with the change noted. All in favor. DISCUSSION There were no discussion items. FYI STAFF UPDATES Zoning Code and Subdivision Code Amendrirent - Allowable Uses and District Standards Mr. Gutknecht said staff is wrapping up their performance standards review for consistency and relevance. Boards and Commissions Picnic, August 14, 2024 5 PM Chair Dybvig reminded the Commissioners of the annual picnic. ADJOURNMENT Chairman Dybvig adjourned the meeting at 7:44 p.m. 4e— �-- t, �/- ATTEST: Joh Dybvig, Chair � /�% Tim Gladhill, Community Development Director Resolution PC2024-07, Resolution Denying a Variance Request to Exceed the Maximum Allowable Impervious Surface of 25% at 3393 Pioneer PI (Case Number CD2024- 032) Resolution 2024-_, Termination of Resolution PC2023-19 for an Interim Use Permit for a K-6 School at 601 Main Street North and Granting a Conditional Use Permit for a Cultural Facility (Library, Art Gallery, and Theater for Performing Arts) and a Conditional Use Permit for an Event Center at 601 Main Street North Page 4 of 4