Planning and Zoning Commission Meeting

PLANNING AND ZONING COMMISSION MEETING MINUTES Tuesday, March 11, 2025 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 Chair Hiltner. ROLL CALL MEMBERS PRESENT: Chair Chuck Hiltner, Commissioners Gwen Carleton, Larry Kellerman, Tim Swanson (6:05) and Council Liaison/Mayor Darrel Olson MEMBERS ABSENT: Commissioner Howie Oswald STAFF PRESENT: City Planner Matthew Gindele OTHERS: Damond Clanton, Renee Richardson MINUTES 1. Approve Planning & Zoning Commission Meeting Minutes from February 11, 2025. MOTION by Commissioner Kellerman, seconded by Commissioner Swanson to approve the Planning and Zoning Minutes from the February 11, 2025. Motion carried unanimously. COMMENTS AND QUESTIONS Chair Hiltner stated that this Commission is a recommending body, and that final approval/denial of the applications on the agenda is taken up with the City Council on March 18, 2025. OLD BUSINESS 2. PUBLIC HEARING. Conditional Use Permit to allow an accessory structure area to exceed the maximum size allowed and a Variance to allow a reduced setback to a side and a rear lot line for property located at 12700 Persimmon Drive (City file 2024-37) Chair Hiltner indicated that the Commission is familiar with this application and only a quick run down of the project is needed. Planner Gindele stated that in November 2024, the applicant has requested a conditional use permit (CUP) to allow for the construction of a 780 square foot accessory structure. The property also has an existing 1,040 square foot attached garage, which, when added to the requested accessory area, brings the total accessory area requested to 1,820 sq. ft. when the ordinance limits accessory structure area to a cumulative total of 1,800 sq. ft. The applicant has also 3/11/2025 Planning and Zoning Commission Meeting Minutes Page 2 requested a variance to allow a reduced setback from the side and rear lot lines where a minimum of 50 feet is required. Planner Gindele stated that prior to the meeting in November it was brought to staff’s attention that the slab had already been poured prior to receiving approval of its placement. The applicant had indicated a 21’ setback when a 50’ setback was required, thus a variance was required. After the slab was poured it appeared the setback was closer than 21 feet and the application was tabled to allow time for the applicant to get a survey. Planner Gindele reviewed the application, site plan, aerial, elevations and materials with the Commission. He then reviewed the survey with the Commission showing the reasoning for the variance. Planner Gindele reviewed the conditions of the conditional use permit and variance. He showed the slopes/contours of the land and the location of the well and septic, making the location of the garage difficult and the proposed location being the best location. Staff is recommending approval of the conditional use permit and the variance with the findings and conditions in the draft resolution. Planner Gindele stated that the applicant had signed a statement letter that was reviewed by the City Attorney committing to not using the detached garage for his occupation. The reason for this was at the November Planning Commission meeting the application indicated his intent was to use the garage for a prohibited home occupation. Planner Gindele reviewed the conditions in the resolution indicating the same as the document the applicant signed. Commissioner Carleton stated that as she understands the attached and detached garage cannot be used for a home occupation, Planner Gindele indicated that is correct. Chair Hiltner re-opened the public hearing. Mr. Damond Clanton , applicant approached the podium. Chair Hiltner asked if he understood the condition, he indicated that he did. Commissioner Kellerman asked who maintains Persimmon Drive, being it is a private drive. Mr. Clanton indicated that he and his neighbor maintain the drive. Commissioner Carleton asked Planner Gindele if running his HVAC business out of the proposed detached garage or out of his attached 3-stall garage would be a violation of the home occupation ordinance; this was confirmed to be true. Commissioner Carleton asked Mr. Clanton if he would be running his HVAC business from the property at all. Mr. Clanton stated that he was moving his shop off site but would maintain a home office for his business within the house. Planner Gindele informed the Commission that a home office within the house is a permitted home occupation. Commissioner Swanson asked if there were any easements on the property. Planner Gindele stated there is usually a 5-foot utility easement, however, it is not applicable since the subject structure is proposed to be setback beyond that point so it was not looked into. It was noted that there is no city water and sewer on Joler or Persimmon. Chair Hiltner closed the public hearing. MOTION by Commissioner Carleton, seconded by Commissioner Swanson to approve the conditional use permit to allow an accessory structure area to exceed the maximum size allowed and a variance 3/11/2025 Planning and Zoning Commission Meeting Minutes Page 3 to allow a reduced setback to a side and a rear lot line for property located at 12700 Persimmon Drive. Motion carried unanimously. NEW BUSINESS None UPDATES Chair Hiltner asked for any updates. Planner Gindele stated there are a lot of projects going across his desk. Essentia is getting close to submitting and Kuepers 73-unit apartment building is in for review. Chair Hiltner noted there is a lot of residential homes coming to his area. Planner Gindele stated that staff have seen more contractors from the cities area coming this way to build houses as the market in the cities has slowed. Commissioner Kellerman noted there were changes to the dog park that they have been working on over the weekend. Planner Gindele noted they have been working over there preparing the site for the dog park. Chair Hiltner noted there were city trucks near Whipple beach and wondered if there was an expansion. Planner Gindele indicated the city staff was most likely clearing brush, that nothing was proposed at this time. ADJOURN MOTION by Commissioner Carleton, seconded by Commissioner Kellerman to adjourn the meeting at 6:24 p.m. Motion unanimously approved. Approved by: Submitted By: __________________________ ____________________________ Chuck Hiltner Shanna Newman Chair CD Administrative Assistant