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05-29-19 PC Minutes 7800 Golden Valley Road�Golden Valley,MN 55427 ' �,:e:- � 763-593-3992�TTY 763-593-3968�763-593-8109(fax)�www.goldenvalleymn.gov ��r���/��� �..� ��V� � � �'�T Planning Commission �,� May 29,2019—7 pm Council Chambers REG U LAR M E ETI N G M I N UTES Golden Valley City Hall 7800 Golden Valley Road Call to Order The meeting was called to order at 7 pm by Chair Blum. Roll Call Commissioners present: Rich Baker, Ron Blum, Adam Brookins, Andy Johnson, Ryan Sadeghi Commissioners absent: Lauren Pockl, Chuck Segelbaum Staff present: Planning Manager Jason Zimmerman, Administrative Assistant Lisa Wittman Council Liaison present: None Approval of Agenda MOTION made by Johnson, seconded by Baker to approve the agenda of May 29, 2019, as submitted and the motion carried unanimously. Approval of Minutes May 13, 2019, Regular Planning Commission Meeting Johnson referred to the subject of open spaces during the Mixed Use Zoning District discussion. He said the minutes didn't seem to reflect the discussion as it related to public versus private open spaces. Blum asked if the default mentioned by staff is that the open space referred to in the Mixed Use Zoning Districts were private, not public. Zimmerman said yes and referred to page three of the minutes where the discussion was about how it would be difficult to require open space to be dedicated for public use. MOTION made by Baker, seconded by Johnson to approve the May 13, 2019, minutes as submitted and the motion carried unanimously. 1. Public Hearing Applicant: Andy Snope Address: 1030 Angelo Drive Purpose: A Conditional Use Permit to allow for a boathouse within the Shoreland Overlay District Zimmerman referred to a location map and explained the applicant's request to construct a boathouse within the Shoreland Overlay district. He stated that boathouses are the only structures allowed within the Shoreland Overlay district and by conditional use only. He referred to aerial photos of the property and noted that there is currently an 8' x 8' shed on the property, also in the Shoreland Overlay district that would be removed as part of this proposal. This document is available in alternate formats upon a 72-hour request. Please call 763-593-8006 (TTY: 763-593-3968)to make a request. Examples of alternate formats may inclutle large print, electronic, Braille, audiocassette,etc. t`i��,� c�f Ccalc�en �fafl�� F'fararting Cc�r-r�rni�siar� hegular tiliee�ing 7 May 29, 2019 —7 pm Zimmerman stated that the applicant did an extensive rear yard landscaping project last year which included plans for a boathouse and that the applicant worked closely with the City to address Shoreland Overlay, Floodplain, and many other regulations. Zimmerman referred to the language in the Shoreland Overlay District code and stated that the purpose of the District is "to regulate the development of the shorelands of public waters." The language also states that boathouses shall be allowed if"certain conditions are met which eliminate or minimize the incompatibility of the conditional use with other permitted uses of the district," and that the DNR Commissioner must be notified. Zimmerman referred to a landscaping plan and discussed the location of the floodplain and the Shoreland Overlay district. He showed where the boathouse is proposed to be built and stated that it would be 12' x 14' in size, would be located further away from the lakeshore, and would be used to store kayaks and other boating equipment. He added that the proposed boathouse would meet the setback requirements which are 75 ft. from the ordinary high water mark of Sweeney Lake, and 5 ft. from the side yard property line. The proposed boathouse would also meet the engineering requirement that the lowest floor opening be at least 2 ft. above the floodplain elevation (831.7') Zimmerman referred to the evaluation factors used when considering conditional use permits and said that the vast majority of them aren't applicable for a boathouse. He said staff is recommending approval of the Conditional Use Permit with two conditions. The first is that the boathouse is to be used solely for the storage of boats and boating equipment and the second is that the boathouse construction must include 2' of freeboard above the base floor elevation of 831.7'. Baker asked if there is a DNR permit required, or just notification. He also asked if the notice went to the DNR Commissioner or to a hydrologist. Zimmerman stated that the City Code requires notification be sent to the DNR Commissioner and that was done on April 29. Baker referred to the staff report where it states "...within the Shoreland Overlay District, boathouses are listed as uses that shall be allowed if certain conditions are met which eliminate or minimize the incompatibility of the conditional use with other permitted uses of the district." He said he is wondering about the word "incompatibility" and the words "certain conditions" and he thinks there should be a finding about certain conditions having been met outside of the Conditional Use Permit. Zimmerman said his reading of that language is that the City can impose conditions to make this use (boathouse) compatible and the only conditions staff thought were appropriate were about the use and the elevation. He added that otherwise, the boathouse use is compatible with the single family homes up and down the shore. Baker said the word "incompatible" is undefined and depends on staff subjectively deciding on compatibility. Zimmerman said yes, but this is an allowed use unless the City finds it so incompatible that there needs to be conditions or other regulations added. Johnson asked how a boathouse is different than a shed or other structure. Zimmerman said all boathouses are sheds, but not all sheds are boathouses so if it is storing boats and boating equipment by definition it is a boathouse. He added that a structure built in the Shoreland Overlay District that wasn't f�it� c�f �ca�den �'�!{cy� �'4�rrsin� Curr�n��€ssic�r� Re�ul�r (V�ee.tir�� � May 29, 2019—7 pm used for boating related activities wouldn't be allowed. Johnson asked if a site plan review is required. Zimmerman said no. Baker asked if there are any limits to the size of a boathouse. Zimmerman said not specifically for boathouses, but once an accessory structure is more than 200 square feet in size a building permit is required and that detached accessory structures are not allowed to be larger than 800 square feet. Andy Snope, Applicant, said he is proposing a simple boathouse and that he is trying to do restorative measures to the lakeshore by removing the old shed and hopefully creating more of a buffer than what is currently there. Baker referred to the photos submitted and said it looks like there is blue grass down to shore. He asked Snope if he is going to change that to include more natural vegetation. Snope said the existing conditions include sod down to the lake but he has been working on creating a buffer by letting the area grow naturally and encroach into the existing grass. Blum opened the public hearing. Hearing and seeing no one wishing to comment, Blum closed the public hearing. Baker said he is supportive of the proposal. Sadeghi agreed. Johnson referred to the second factor of evaluation listed in the staff report where it states that the proposed use is not inconsistent with the Low Density Residential designation in the Comprehensive Plan and asked if they've always used a double negative. Zimmerman said staff has tried to use the language from the Code and that he thinks it gives the Planning Commission some room to point issues out as needed. Blum asked staff to comment as to whether a boathouse is a common structure in this particular location on the shoreline in that neighborhood. Zimmerman said boathouses are not uncommon structures but he knows of only one other newly constructed boathouse that has gone through the Conditional Use Permit approval process. He added that the others have been there a long time and are probably grandfathered-in. Blum said he thinks having a boathouse on a shoreline is consistent with the Comprehensive Plan in regards to wanting to maintain areas that useful to the public, or for social or other reasonable uses. MOTION made by Brookins, seconded by Johnson to recommend approval of Conditional Use Permit 166 allowing for a boathouse in the Shoreland Overlay District at 1030 Angelo Drive subject to the findings and recommendations listed below. Blum added that he finds that the discussion of the factors of evaluation are well reasoned and point definitively towards being in favor of recommending approval of the application and he would make similar findings in all regards as they've been presented to the Planning Commission and the motion carried unanimously: �it� r�f �c�Mt�en �,��Ile� F�6�r�ning Camrnissican f��.�,�lar ���'�����ing 4 May 29, 2019—7 pm Findings: 1. Demonstrated Need for Proposed Use: Standard met. The applicant currently utilizes a shed that is non-compliant and within an area restricted because of the elevation of the floodplain. The proposed boathouse would replace the shed in a conforming location and would be used to house boats and other boating equipment. 2. Consistency with the Comprehensive Plan: Standard conditionally met. The proposed use is not inconsistent with the Low Density Residential designation in the Comprehensive Plan. The Zoning Code allows for boathouses in the Shoreland Overlay District. 3. Effect upon Property Values: Standard met. There are no anticipated impacts from the construction of a new boathouse. 4. Effect on Traffic Flow and Congestion: Standard met. There are no anticipated impacts on traffic flow or congestion. 5. Effect of Increases in Population and Density: Standard met. Due to the nature of the proposed use,there are no anticipated increases in population or density. 6. Compliance with the City's Mixed-Income Housing Policy: Not applicable. 7. Increase in Noise Levels: Standard met. The proposed use is not anticipated to generate excessive noise. 8. Generation of Odors, Dust, Smoke, Gas, or Vibration: Standard met. The proposed use is not anticipated to generate excessive odors, dust, smoke, gas, or vibrations. 9. Any Increase in Pests or Vermin: Standard met. The proposed use is not anticipated to attract pests. 10. Visual Appearance: Standard met. The new boathouse, combined with recent landscaping on the property, is likely to provide an enhanced visual appearance compared to the existing structure. 11. Other Effects upon the General Public Health, Safety, and Welfare: Standard conditionally met. If constructed at the proper elevation above the floodplain, the proposed use is not anticipated to have any other impacts on the surrounding area. Conditions: 1. The boathouse shall be used solely for the storage of boats and boating equipment. 2. The boathouse shall be constructed to include two feet of freeboard above the base flood elevation of 831.7 feet (NGVD29 vertical datum). 3. This approvat is subject to all other state, federal, and local ordinances, regulations, or laws with authority over this development. --Short Recess-- Council Liaison Report No report was given. Reports on Meetings of the Housing and Redevelopment Authority, City Council, Board of Zoning Appeals, and other meetings Johnson reported on the May 28, 2019, Board of Zoning Appeals meeting. �pty csf Gc�lr�en Vailey Planning CQmrrrissian Regular Me�tin� 5 May 29, 2019—7 pm Other Business Zimmerman stated that the developer for the Central Park West Office building and ramp have said they are ready to move forward. Johnson said he would like to be involved in the public art process. Adjournment MOTION made by Johnson, seconded by Baker and the motion carried unanimously to adjourn the meeting at 7:26 pm. � '+ �� Adam Brookins, Secretary Lis ittman, Administrative Assistant