pc-minutes-may-09-2022
REGULAR MEETING MINUTES
This meeting was conducted in a hybrid format with in‐person and remote options for attending,
participating, and commenting. The City used Webex to conduct this meeting and members of the
public were able to monitor the meetings by watching it on Comcast cable channel 16, by streaming it
on CCXmedia.org, or by dialing in to the public call‐in line.
1. Call to Order
The meeting was called to order at 6:30 pm by Chair Pockl.
Roll Call
Commissioners in‐person: Ellen Brenna, Adam Brookins, Andy Johnson, Lauren Pockl, Chuck
Segelbaum
Commissioner remote: Mike Ruby
Commissioner absent: Sophia Ginis
Staff present: Jason Zimmerman – Planning Manager, Myles Campbell – Planner
Council Liaison present: Denise La Mere‐Anderson
2. Approval of Agenda
Chair Pockl asked for a motion to approve the agenda.
MOTION made by Commissioner Brookins, seconded by Commissioner Johnson, to approve the
agenda of May 9, 2022.
Motion carried.
3. Approval of Minutes
Chair Pockl asked for a motion to approve the minutes from April 25, 2022, pending edits.
MOTION made by Commissioner Brookins, seconded by Commissioner Segelbaum to approve.
Motion carried with Commissioner Brenna abstaining.
4. Informal Public Hearing – Preliminary Plan for Minor Subdivision of 7324 Harold Avenue South
Applicant: CityLine Homes
Myles Campbell, Planner, started the presentation by stating this subdivision would include
demolishing the home that lays across two lots and the two lots would maintain their current R‐2
Zoning. He reminded the group the subdivision request originally appeared before the Planning
Commission in December 2020 and was approved. Due to the pandemic, the plat recording never
made it through the county and the approvals from Planning Commission and City Council have
lapsed. Campbell went on to describe the lot, it’s location in the city, and to describe the existing
May 9, 2022 – 6:30 pm
Hybrid
Council Chambers, City Hall
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utilities. The minimum standards for a lot division in R‐2 were reviewed, dimension requirements
have been met for both lots but only to accommodate single family lots, not duplexes.
Engineering staff requested a hydrologic analysis and that showed a low spot int eh rear of the lots
where water may collect in the case of a major 100‐year storm event. Installation of a new public
storm pipe will be required on lot 1 and the pipe would be part of the City’s public storm sewer
system. Installation and cost will be the responsibility of the developer and the City will select the
contractor to ensure requirements are met.
Staff reviewed other requirements: I&I, tree survey, park dedication fee.
Met Council had no comments.
Recommendation
Staff recommends approval of the proposed minor subdivision subject to the following conditions:
1. Applicant shall provide securities for the new 12‐inch storm sewer pipe and needed easements.
2. The City Attorney will determine if a title review is necessary prior to approval of the Final Plat.
3. A park dedication fee of $4,440 shall be paid before release of the Final Plat.
Staff and Commissioners discussed the building envelope, easements, and the hydrologic analysis.
Commissioners and staff reviewed the tree survey process, legacy trees, and the final review during
building permitting where the city forester goes to the property and confirms the analysis and
proposed removal/replacement.
Chair Pockl invited the applicant to speak.
Eugene Borodin, applicant, stated staff’s review was complete and the drainage pipe will be a
tremendous improvement to the property.
Commissioner Segelbaum asked if the pipe placement was satisfactory to the applicant. The
applicant responded that they worked closely with City Engineering Staff and are pleased with the
pipe location. Segelbaum followed up by asking if both houses will be built simultaneously or what
the proposed timeframe is. The applicant doesn’t have a timeline at the time of this meeting, start
time is based on the completion of the pipe installation.
Chair Pockl opened the public comments at 7:06pm
Larry Kueny
7303 Ridgeway Rd
When this project was proposed, most of the neighborhood was in support of it because the home
needs to be removed. Nothing has happened to the house or lot in 18months and the City had to
mow the weeds because no one is caring for the yard. I support the plans but care for the lot in the
interim needs to happen.
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There were no callers.
Chair Pockl closed the public comments at 7:10pm.
Chair Pockl noted the applicant said it would take about 6 months to build the houses once permits
are in place and asked how long it would be for the pipe to be complete and permits to be issued.
Staff reviewed the process and Engineering is aiming to have the pipe complete by summer 2022 and
suspects the demolition will occur the summer of 2022 as well. Council will review these plans and
recommendation on June 7th.
Chair Pockl asked staff how property owners are held accountable for yard maintenance, especially
in a situation where someone isn’t living in the home. Staff responded with the general process
however the timeframe may not be helpful so it may be better to address it with the developer. The
applicant responded the lot is heavily wooded and they have not been able to find a company willing
to maintain the yard in the interim. Segelbaum responded that it doesn’t need to be perfect but as
the lot owner, they are responsible for maintenance.
Chair Pockl reminded the applicant is a residential property owner in the Golden Valley and are
beholden to City Ordinances regarding lawn care. The applicant responded in the affirmative.
Chair Pockl stated there didn’t seem to be a concern regarding the minor subdivision, the regulations
are being met, and she doesn’t have concern with staff recommendation. Commissioner Johnson
responded in the same, adding the clarity provided was helpful.
Commissioner Segelbaum would like it noted that Council address yard maintenance with the
applicant in the time before demolition occurs.
MOTION made by Commissioner Johnson and seconded by Commissioner Brookins to recommend
approval of staff recommendation, with conditions listed, adding the lawn care comment from
Commissioner Segelbaum.
Staff took a roll call vote.
Motion carried
5. Informal Public Hearing – Outdoor Service Area Permit (OSA‐1) to Allow for Outdoor Dining at 7345
Country Club Drive
Applicant: Paul Jacob
Jason Zimmerman, Planning Manager, reminded the group that this Outdoor Service Area permit is
to allow for outdoor dining at 7345 Country Club Drive. This is generally allowed only as a restricted
temporary use, which involves a public process with review by Planning Commission and City Council.
Staff reviewed the location, Schuller’s as an establishment, and added the area and lot are zoned
Single‐Family Residential – noting the irregularity being that the building is commercial. He also
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reviewed the history of the applicant’s attempt to rezone the property and Council’s support of an
OSA permit.
Staff reviewed the proposed use by the applicant: landscaping, pavers, and other site features. Some
elements would otherwise be allowed by right in a single‐family district and others would only be
allowed with the OSA permit.
Proposed Use
1,200 square feet of patio, including a raised area to create accessible access from the building
Capacity to seat approximately 50 people
Landscaped berm would be created to the south to help provide a buffer – would include a 6‐
foot fence
New connections from the patio to the public sidewalk to the north
Other elements: pergola, fire pit, server station
Requested 10 pm closure of patio and use of live music
Zoning Analysis
Patio
Lot already over the usual 50% impervious coverage allowed in the R‐1 zoning district
In order to offset new impervious area, staff recommends the construction of a rain garden to
capture water runoff
Fencing
Four‐foot fence would be allowed by‐right; six‐foot fence is proposed
Staff will require the top two feet be removable should the permit not be renewed in the future
Pergola
As long as setbacks are being met, structure would otherwise be allowed by‐right
Would require inspections for footings
Landscaping
Addition of perennials, shrubs, and trees would be allowed by‐right
Staff will require the applicant work with the City to design a plan for the north planting bed
that does not impact snow storage
Evaluation
With approval of an OSA permit for the first time, a review for a potential extension is required after
one year. Following that, the City Council may extend the permit term to two years
Recommendation
Staff recommends approval of Outdoor Service Area Permit 1, allowing for outdoor dining at 7345
Country Club Drive, subject to the following conditions:
1. The initial term shall be for one year.
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2. A public bicycle rack able to accommodate eight bicycles shall be installed.
3. The fence must be constructed in such a way that any portion over four feet could be
removed.
4. No amplifier or speaker may be used on the patio.
5. Use must conclude by 10 pm and lighting be extinguished.
6. A rain garden shall be design to address stormwater runoff.
7. Design of the north planting bed shall address snow storage.
Commissioner Brenna asked about the proposed location for a rain garden, staff reviewed location
determined by engineering staff however they don’t have a full analysis of soil and water flow yet.
Chair Pockl invited the applicant to speak.
Paul Jacob, Applicant, stated that it’s rare the parking lot is full but if there is street parking it’s due
to convenience. The patio goal is to increase patronage in the summer as they lose 30‐40% without a
summer patio. From a business perspective, consistent patronage is helpful for Schuller’s and for
staff who depend on that patronage. The applicant added they are members of the community and
want to be a good neighbor, so while the patio is helpful for them, they are sensitive to creating
accommodations to minimize neighborhood disruptions.
Commissioner Segelbaum asked about specific plans for music, lights, general noise and associated
mitigation plans. The applicant went in detail on the desire to protect the neighborhood from noise
and light amplification and the hard line on closing the patio at 10pm.
Commissioner Johnson asked what will be dismantled in the winter. The applicant stated most things
will be stored but the patio will be closed in the off season.
Staff clarified what “temporary” means in this regard, the applicant is allowed to keep permanent
structures and the temporary aspect means the permit will be reviewed annually.
Chair Pockl opened the public comments at 7:58pm
Peter Pluwak
510 Kelly Drive
My concern is the increase in traffic and decrease in safety ‐ there is a group home nearby and folks
walk up and down Kelly Drive, there isn’t a sidewalk. I am also concerned with outdoor music and
how the sound will carry.
Greg Wanzek
4755 Marie Lane E
We are frequent customers of Schuller’s and being able to sit on a patio will increase our attendance
in the summer. I think the patio and landscaping will be an excellent addition to the lot and I’ve been
waiting for a Schuller’s patio for a long time.
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Matt Angleson
2401 Dresden Lane
I’m a Schuller’s patron and friends of the family. I know when they undertake a mission like this, the
community interest is close to heart. I know they’re trying to find an equitable solution for the
community and the business. I echo the previous caller on my excitement for a patio at Schuller’s.
Sean Abernathy
210 Kentucky
I’m in full support of this plan, I think it will be a benefit to the community. I reviewed the plan and
staff comments and it seems very reasonable.
Chair Pockl closed the public comments at 8:08pm.
Chair Pockl asked staff to comment on the traffic concern.
Staff responded that there doesn’t seem to be additional traffic but rather the same amount as that
in the winter. However, it’s assumed that traffic will be on Country Club and not Glenwood. Staff can
certainly encourage patrons to use the parking lot and adding a bike rack may increase non‐vehicle
commuting.
Commissioner Segelbaum asked why staff encouraged a 6‐ft fence when the applicant wanted an 8‐
ft fence. Staff responded that the zoning requires a 4‐ft and they were afraid an 8‐ft fence would
eliminate the view for the neighbors to the south and so 6‐ft felt like a good compromise. The
applicant has discussed a “break‐away” fence with their contractor so the top 2feet of the fence
could be removed if necessary.
Commissioner Johnson stated he agrees with staff recommendations but struggles with the
aesthesis and the idea of temporary. He added that creating a temporary permit leads to
misunderstanding of creating a temporary vs permanent structures on the patio. Staff responded
that temporary means a set period of time not a temporary structure.
Commissioner Brookins added that the application is well done and isn’t stuck on the temporary
nature of the structures.
Chair Pockl added that the applicant took time to create an aesthetically pleasing plan that will also
benefit the community. Segelbaum echoed these comments and added the they are enhancing an
area for the neighborhood.
MOTION made by Commissioner Brookins and seconded by Commissioner Segelbaum to
recommend approval of staff recommendation, with conditions listed.
Staff took a roll call vote.
Motion carried
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Chair Pockl ended the televised portion of the meeting at 7:23pm
6.Council Liaison Report
Council Member La Mere‐Anderson provided a recap of the last City Council meeting, including a
handful of recognitions and proclamations as well as a new fee schedule for Outdoor Service Area
permits. She reported that the Council reviewed the Diversity and Equity Committee annual report and
work plan at the last Council Work Session, and also discussed a land acknowledgement statement and
policy. The Commissioners discussed the potential to create term limits for Boards and Commissions
and some of the advantages that may go along with having Planning Commissioners serve for a longer
period of time to create consistencies.
7.Other Business
None.
8.Adjournment
MOTION by Commissioner Segelbaum to adjourn, seconded by Commissioner Johnson and
approved unanimously by roll call vote. Meeting adjourned at 9:10 pm.
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Andy Johnson, Secretary
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Amie Kolesar, Planning Assistant