Planning and Zoning Commission Meeting

PLANNING AND ZONING COMMISSION MEETING MINUTES Wednesday, August 10, 2022 at 6:00 PM Baxter City Hall, 13190 Memorywood Drive, Baxter, MN “A Growing Community” CALL TO ORDER The regular meeting of the Baxter Planning and Zoning Commission was called to order at 6:00 pm by Acting Chair Hiltner. ROLL CALL MEMBERS PRESENT: Commissioners Chuck Hiltner, Gwen Carleton, Howie Oswald, and Council Liaison/Mayor Darrel Olson MEMBERS ABSENT: Chair Bob Kinzel and Steve Lund STAFF PRESENT: CD Director Josh Doty and Planner Matthew Gindele OTHERS: Randy & Linda Smelter, Casey & Tim Taylor, Keith Aho and Tyler Edwards MINUTES 1. Approve Planning Commission meeting minutes from July 12, 2022 MOTION by Commissioner Carleton, seconded by Commissioner Oswald to approve the Planning and Zoning Minutes from the July 12, 2022. Motion carried unanimously. Acting Chair Hiltner informed the audience that this is a recommending body and that final approval/denial will take place at the City Council meeting on August 16, 2022. COMMENTS AND QUESTIONS None OLD BUSINESS None NEW BUSINESS 2. PUBLIC HEARING. Variance to allow a shed within the required 100-foot setback to Baxter Lake for property located at 4961 Oak Street. (City file 22-30) Acting Chair Hiltner asked for the staff report. Planner Gindele indicated the applicant is proposing to place a “portable” shed on the lakeside of an existing home and has requested a variance to allow it to be placed within the 100-foot setback to the ordinary high-water mark (OHWM) of Baxter Lake. Planner Gindele reviewed the site location with an aerial map and the new shed being proposed. 8/10/2022 Planning and Zoning Commission Meeting Minutes Page 2 The subject property currently has a 130 s.f. metal shed in the location proposed to place the new shed. The existing shed has a poured concrete floor in it that would remain in place. The applicant is proposing to remove the old metal shed and place a new 225 s.f. stick frame shed in its place on top of the existing concrete. The applicant would place crushed rock around the perimeter of the existing concrete to create the appropriate sized based for the new larger shed. The existing shed is located within the required 100-foot setback to Baxter Lake with an existing 57-foot setback. The new shed would be slightly larger than the existing shed but would not be any closer to the lake than the existing shed. The applicant could replace the existing shed with one of the same size in the same location but since the new shed is proposed to be larger, the applicant needs a variance to place the shed in the location of the existing shed with a 57-foot setback to the lake. Planner Gindele stated that the DNR was provided a copy of the application but has not provided any comments to date. Planner Gindele stated staff is recommending approval of the variance, subject to the findings and conditions in the draft resolution. Acting Chair Hiltner asked about the home being stucco and the shed being wood, does staff find that to be harmonious and that staff is looking more at the color. Planner Gindele indicated that is correct. He explained the recent change in the ordinance regarding sheds under 300 square feet to be harmonious in color and materials rather than being a matching requirement. Acting Chair Hiltner opened the public hearing. Acting Chair Hiltner stated he would like to see a better foundation placed under the shed. From the audience, Mr. Randy Smelter (property owner) stated that the shed comes with skids and has a plywood floor and the shed is designed to be set in place and does not require a foundation. Acting Chair Hiltner closed the public hearing. Commissioner Carleton noted the new shed is much more attractive. MOTION by Commissioner Carleton, second by Commissioner Oswald to approval the variance to allow a shed within the required 100-foot setback to Baxter Lake for property located at 4961 Oak Street as presented by staff in the draft resolution. 3. PUBLIC HEARING. Variance to allow a deck, above-ground swimming pool, and retaining wall within the required 30-foot setback from a bluff for property located at 12222 Camwood Trail. (City file 22- 28) Acting Chair Hiltner asked for the staff report. Planner Gindele indicated the applicant is requesting variances to allow a deck, above-ground swimming pool, and retaining wall to be located within the required 30-foot setback from a bluff on the Mississippi River. Specifically, the applicant is requesting the variances to allow the aforementioned structures to be over the top of the bluff thus having a 0- foot setback to it. Planner Gindele reviewed the site location with an aerial map, survey and staff red-lined map. Planner Gindele stated this is an after-the-fact variance application meaning at least some of the improvements needing a variance have already been commenced. Staff received a call stating that 8/10/2022 Planning and Zoning Commission Meeting Minutes Page 3 the applicant was dumping large rocks into the river, assumingly for bank stabilization. Upon inspection of the property, staff noted that the boulders were not anywhere near the river’s edge and were instead being placed to build a retaining wall to create a flat stable area to situate the pool on and to stabilize the steep slope behind the garage and driveway that was beginning to erode and cause washout running down to the river. At the time of inspection the pool was already placed in the location identified on the survey. That applicant states that they had contacted City Hall ahead of time and believe they were told that they could put the pool anywhere on the property since it was not an in-ground pool. Due to the miscommunication of information, the pool and the retaining wall were constructed as shown on the survey, over the top of the bluff. The applicant is requesting the variances to allow the pool and the retaining wall to be located over the top of the bluff and to allow for an expansion of the deck, which is also over the top of the bluff, to provide access to the pool. Planner Gindele reviewed the different setbacks with the Commission regarding the pool and retaining wall. He then spoke of the existing conditions that were not caused by this owner, thus the need for the variance. Those existing conditions include the fact that the home and the existing deck were built over the top of the bluff by a previous owner of the property and the fact that the bluff was beginning to erode behind the garage and driveway. The DNR was provided a copy of the application but has not provided any comments to date. Planner Gindele stated staff is recommending approval of the variance, subject to the findings and conditions in the draft resolution. Commissioner Carleton questioned why the contractor building the wall didn’t ask if there was a permit or seek a permit. CD Director Doty stated that he was the one that went on site and met with the contractor who was very apologetic and thought they were “OK” with the placement of the retaining wall. Acting Chair Hiltner asked if being this is an after-the-fact request, is there any penalties for this. CD Doty stated no, the owners are working with staff, however if the owners didn’t come forward with an application it would have been a different situation. Right now only the three variances are on the table for discussion tonight. The Commission and staff had conversation regarding bluff setbacks. Acting Chair Hiltner opened the public hearing. From the audience, Mr. Tim Taylor (owner) stated that staff has been great to work with and he had no concerns. Acting Chair Hiltner closed the public hearing. MOTION by Commissioner Oswald, second by Commissioner Carleton to approval the variance to allow a deck, above-ground swimming pool, and retaining wall within the required 30-foot setback from a bluff for property located at 12222 Camwood Trail as presented by staff in the draft resolution. 8/10/2022 Planning and Zoning Commission Meeting Minutes Page 4 4. PUBLIC HEARING. Preliminary and Final Plat to allow “Menard Third Addition” to consolidate two lots and to subdivide a lot, Conditional Use Permits for a sales yard expansion, an accessory building, and off-site parking lot, and Variances to off-site parking standards, architectural requirements, front setback, fence height, curb cut, loading screening, trash screening, and loading maneuvering in a public street for Menards located at 15236 Dellwood Drive and property located at the northeast corner of Whispering Woods Lane and Pearl Drive (city file 2022-13) Acting Chair Hiltner asked for the staff report. CD Director Doty indicated that the applicant, prior to the meeting, decided to pull the variances regarding the loading dock, however there will be some reference regarding the loading dock potentially. He stated the applicant is requesting the following for approval of an expansion at Menards at 15236 Dellwood Drive: 1) Preliminary and Final Plat to consolidate two lots for the Menards store property and to subdivide a vacant outlot north of the store into a lot and an outlot. 2) Conditional Use Permits to allow: a. An expansion of the equipment sales yard/garden center, b. Accessory structure square footage to exceed city standards, c. Off-site parking 3) Variances a. A variance to the off-site parking CUP standards. Specifically, 10-5-2, G, 2 states that for Off Site Parking, “Reasonable access from the off-site parking facility to the use served exists, and the offsite parking facility is adjacent, either directly abutting or across the street from the use served except that off-street parking located across the street shall be connected to an existing parking lot that services a principal use.” The proposed off- site parking area would be connected to an existing parking lot, which creates the need for a variance to the above standard. b. Four-foot accessory structure/fence setback, where 35 feet is required to the north property line to allow the fence and racking accessory structure for the yard expansion. c. To allow a 14-foot-high fence where 6 feet is the maximum height. d. To allow metal as an exterior finish for 100 percent the siding and roof material. e. To allow a non-articulated accessory structure. CD Director Doty reviewed the aerial photo showing the different parcels that Menards has recently purchased and the reason for the consolidation. He explained the loading dock changes, off street parking, stormwater treatment, and the fencing. Commissioner Carleton asked about the staff parking lot, if there was going to be a sidewalk for crossing that road. CD Director Doty stated that there will be a crosswalk at the corner of the parking lot and the corner of the building. CD Director Doty reviewed the variance for the metal siding, indicating it was also what was used with the last addition. CD Director Doty stated the Utility Commission reviewed the application on August 4, 2022, and recommended the following to the Planning Commission: (Prior to applicant pulling loading dock variance request) • Deny variance for loading dock without screening, where a non-residential loading area is next to residential property. • Deny variance for exceeding the 30-foot curb cut requirement for pavement access from a public street. 8/10/2022 Planning and Zoning Commission Meeting Minutes Page 5 O- If this variance is accepted, then a condition to reconstruct the radii at Dellwood Drive and Whispering Woods Lane to 30 feet needs to be included to allow for truck traffic. O- If this variance is accepted, then a condition should be included to require Menards to improve Whispering Woods Lane from Dellwood Drive to 250 feet east of Mertens Drive to be constructed to a 10- ton design (City standard for all commercial roads) and the urban section (curb and gutter) needs to be extended to 250 feet east of Mertens Drive. • Deny variance to allow loading maneuvering in a public street. • Conditions prior to recording the plat: O- Dedicate easements over the regional ponds and install any storm sewer improvements needed to convey water from existing regional ponds if relocated. O- Dedicate easements on the plat over all existing and proposed watermain. O- Require a Development Agreement for the Municipal Improvements prior to the plat being recorded or a building permit issued. O- Provide flashing lights and streetlights at the pedestrian crossing on Whispering Woods Lane from the off-street parking lot. O- Dedicated a 30-foot x 30-foot site triangle on the plat at the intersection of Pearl Drive and Whispering Woods Lane. • Conditions prior to issuing a building permit: O- Public Works Director/City Engineer shall review and approve Civil Drawings. O- Provide well sealing certificate from the Minnesota Department of Health for sealing the well on the recently acquired residential property. O- If watermain extension is needed along Whispering Woods Lane, then the sanitary sewer main shall be extended and the road reconstructed to a 10-ton road as far east as the watermain is required. O- Eliminate grading that is currently shown in the Civil Drawings within the 30-foot Conservation Easement along the east property line of Lot 1, Block 1 of the MENARDS THIRD ADDITION Plat. CD Director Doty stated the applicant has submitted an architectural review application. Architectural variances are required for the detached accessory structure, which are discussed in the variance section of the report. Other than the variances, the application can be approved administratively. He reviewed the metal siding and the need for that variance. CD Director Doty reviewed the preliminary and final plat items with the Commission, such as park dedication, right-of-way and access. CD Director Doty reviewed the conditional use permits (CUP) being requested. He stated the applicant is requesting conditional use permits (CUPs) to allow an expansion to the sales yard area, to allow a third accessory building on the property, and to allow an off-site parking lot. Specifically, the applicant would expand the sales yard area and build the accessory building east of the store in the northeast corner of the property. The 75-stall, off-site parking lot would be constructed across Whispering Woods Lane on the vacant lot north of the retail store. CD Director Doty reviewed the off-site parking and easements with the Commission. He then reviewed each variance requests. He noted that with the added off-street parking it will remove a portion of the parking shortage from 187 stalls short to 112 parking stalls short. 8/10/2022 Planning and Zoning Commission Meeting Minutes Page 6 Acting Chair Hiltner asked who picked the number of parking stalls for the new parking lot, did we or did Menards make that determination. CD Director Doty indicated that Menards made that determination and their representative would have to respond as to why that number of stalls was settled on. CD Director Doty indicated that staff is recommending approval of all variances and conditional use permits and plat, less the variances for the loading dock variances as Menards will be putting in writing the withdrawal of the four variances regarding the loading dock. Acting Chair Hiltner opened the public hearing. Mr. Tyler Edwards, representing Menards approached the podium. He indicated that this store is not a typical Menards store, as most of them have a four acre lumber yard and this one does not. Menards has purchased more land in an attempt to expand and clean up some of the yard area. They purchased the house property behind them in order to expand the yard and get some additional products that sit outside into another building. Mr. Edwards explained the 75 parking spaces to the north as employee parking, being they don’t want people taking carts over there, then an employee has to go get them or a mom with a stroller having to park that far away from the front door. Getting the employees out of the main parking lot will free up some of those spaces for customers. The number of stalls came from the number of employees that would be working on the busiest days with a couple extra to spare. Mr. Edwards stated that with the dock being removed he didn’t have any additional questions or concerns, however, he did have a request. Regarding the condition requiring a push button crosswalk, he would like to see that requirement deferred until Whispering Woods is more developed or extended, as now there are only six homes on the dead-end road. Being it is a rather large expense for only those six homes. Acting Chair Hiltner asked staff if it was similar to the crossing at Whipple Beach. CD Director Doty added that there are ones at Fleet and the Arboretum also. Acting Chair Hiltner added that it only takes one employee to get run over, and gave the example of the lady that was hit by Fleet Farm. He added that he would like to see the push button installed now. Acting Chair Hiltner brought up the semi-trucks parking in the main parking lot. It has been a concern of staff and the Commission regarding safety. Commissioner Oswald stated that he spoke to one of the managers that told him those trucks were independently owned and he couldn’t take care of it. CD Doty stated that in the previous variance approval for less parking, there was a condition regarding the semi-trucks and where they were parking. The condition in that approval required all Menard contractor trucks to park somewhere other than the main parking lot. A second condition could be added to this resolution as well. Especially being the trucks are parking in the drive isle/fire lane and it is not a safe situation. Council Liaison/Mayor Olson stated that this is the second time this has come up at a public hearing and it’s belligerent on Menards part to keep allowing it. He added that it may not be Menards trucks, however Menards owns the parking lot. Acting Chair Hiltner added that the employee parking lot will be lit, he can plug his/her truck over in that parking lot, it should be addressed now. Commissioner Carleton asked with the new building, how are you going to get product to it without a loading dock. Mr. Edwards indicated that they still have a loading dock in the yard. He added that it is a little bit more maneuvering for the trucks with the people, however there were too many issues with the Whispering Woods Rd. to make it work at this time. 8/10/2022 Planning and Zoning Commission Meeting Minutes Page 7 Mr. Keith Aho, 15326 Mertens Dr. indicated that he was sent representing the neighbors. He indicated that he was glad to hear the loading dock was not going in as he lives right across the street and would not want to hear semi-trucks running at 3:00 am in the morning. And those trucks are going to wreck the road much quicker. The neighbors also asked him to find out when the road is going to be connected to the east. CD Director Doty indicated that there is no timeframe at this time. Mr. Aho stated that he really likes his area and home being quiet. Regarding the fence, the existing is starting to look pretty tough, hopefully they intend to match the existing with the new to make it look better. Acting Chair Hiltner closed the public hearing. MOTION by Commissioner Carleton, second by Commissioner Oswald to approval the Preliminary and Final Plat to allow “Menard Third Addition” to consolidate two lots and to subdivide a lot, Conditional Use Permits for a sales yard expansion, an accessory building, and off-site parking lot, and Variances to off-site parking standards, architectural requirements, front setback, fence height, and all semi-trucks are removing from the main parking lot for Menards located at 15236 Dellwood Drive and property located at the northeast corner of Whispering Woods Lane and Pearl Drive as presented by staff in the draft resolution. UPDATES None ADJOURN MOTION by Commissioner Carleton, seconded by Commissioner Oswald to adjourn the meeting at 7:05 p.m. Motion unanimously approved. Approved by: Submitted By: ___________________________ ______________________________ Chuck Hiltner Shanna Newman Acting Chair CD Administrative Assistant