June 11, 2014 Planning Commission Minutes

1. CALL TO ORDER – Hoffman called the meeting to order at 7:04 pm.


3. ROLL CALL – Mason, Tempero, Hoffman. Struck excused. Kaczanowski excused.

4. ADOPT AGENDA – Mason made a motion and Tempero seconded to adopt the agenda. All votes ayes, motion carries.

5. APPROVAL OF MINUTES – Mason made a motion and Tempero seconded to adopt the minutes. All votes ayes, motion carries.
a. Planning Commission Meeting Minutes from May 14, 2014

a. Accessory Structure –
Brixius said a previous ordinance was adopted but the council changed language that any accessory structures shall not be located between the shoreline and the principal building. He said that during that time an application came forward to the city for an accessory structure to be placed between the principal structure and the shoreline. Brixius said zoning and shoreland regulations are drafted specifically for Spring Park and are not modeled after the DNR ordinance. Brixius said in 2006 setback averaging was seen as an intrusion and a restriction and it was appealed in favor of the standard 50 foot setback. Brixius said accessory structures were not anticipated at that time. Brixius said recently the accessory structure ordinance was changed to allow for a larger structure and floor space is not counted above rafters.

Brixius said what's to be considered is the principal building is the major investment in the property. Brixius said some accessory buildings may have a lesser construction standard and a lesser value and it has a potential impact. Brixius said it’s intended to be accessory, not to be used as a residence, a home occupation or a business. He said what needs to be considered are has been outlined in the summary portion of his memo dated June 5, 2014.
i. Open Public Hearing –
Hoffman opens the public hearing at 7:15 pm. John Perry said he doesn’t know what the PC is thinking so he doesn’t know if he should speak now. John Perry, 4516 West Arm Rd. He said this started by buying the property with intent to increase the size. He said there is a sewer easement that goes through his property. He later discovered the easement is only 15 feet from his residence so he can’t add on. Perry said it was suggested that a beach house could be built for storage. Once he started talking to the city about his plans he realized there weren’t really any limitations placed on the boathouse as long as he met setbacks, hardcover restrictions, etc. He said he was told initially he could do this and now this is being taken away. Perry said he has a 20 foot hill so site lines wouldn’t be bothered. Perry said there are no site obstructions because of the hill dropping off. He understands that views need to be protected and he doesn’t think views should be blocked. He said he is going to pay to move the sewer in order to get additional space but it will still leave him with a two car garage. He thinks he should be allowed to build this boat structure as he needs the space. Perry thinks taking away any accessory structure from being allowed between the lakeshore and the principal building should not happen. Perry believes each request should be considered for line-of-site views and not just flat out not allowed. Perry said he has a deep lot with a lot of property and he would be losing 90 feet of property that he can’t do anything with. He said it will affect his house value. Perry said he contacted several cities and most cities he contacted allowed structures within 50 feet.

Mason asked if he’s contacted any of his neighbors and Perry said one of his neighbors is interested in doing similar. The other neighbor he doesn’t know what their thoughts are. Perry argues that if the house to the west of him is torn down in the future, they would be allowed to build 50 feet from the lake and it would impede his view. Mason said Perry’s property is unique in that he has a drop down hill. Brixius said this particular lot is unique and because of the utility easement this property would be considered for variance. He said the point being principal structures can be 50 feet from the lake. Brixius said this is similar to what was approved at 2401 Black Lake Rd with the garage built into a hill. Tempero said he doesn’t like the extra words that were added to the approved ordinance about not allowing something between the house and the lakeshore. He said his neighbors have large trees that block his views and he realizes there is nothing he can do about it. Tempero wonders if there can be restrictions added that would trigger a variance action. Hoffman said this was taken into consideration when they approved the original ordinance. He looks to make this fair. He said someone who has a flat lot would not be able to build a structure. Hoffman said the DNR set the setback because they are worried about the view from the water. He said no one is guaranteed a view. He said he doesn’t think the city should be worried about views. He believes in being fair. He is opposed to restricting this. He feels if he has the property and meets the setbacks, this should be allowed. He said if this proposal was not being built on the lake, it would be allowed to be built. Hoffman said he’s not in favor of compromise and they worked hard on this and did their due diligence in crafting the original ordinance. Mason agrees with what Hoffman is saying. Tempero agrees too, but he wonders if they can give them something versus rejecting it, it might go over better. Mason said this is a boutique amendment and came up because of the proposal in front of us today. Hoffman isn’t sure about that but believes on principle this should be fair for both lakeshore and non lakeshore owners.
ii. Take Comments / Discussion
iii. Close Public Hearing – Mason makes a motion and Tempero seconds to close the public hearing at 7:39 p.m. All votes ayes, motion carries.
iv. Recommendation –
Brixius said he recommends that the PC reject the additional language and Hoffman wonders what would be the compromise. Brixius said he would take Perry’s plans and use them as an example. He said that might be a starting point. Hoffman said he believes a standard is being set with the present language being proposed. Hoffman said again if this property wasn’t on the lake, it would be allowed to be built. Hoffman said he is not in favor of compromise on this. Hoffman makes a motion to strike the proposed language in the amendment. Mason seconds. Brixius clarified the prohibition of accessory structures between the principal structure and the shoreline. On roll call, all votes ayes. Hoffman suggests Perry attend Monday night’s council meeting and he hopes to be able to attend the meeting as well. Brixius reminds Perry that all is not lost if this fails at the council level because there is always the variance process. Brixius thinks this utility easement that restricts Perry’s plans is good variance material.

a. Council Minutes May 19, 2014
b. Council Work Session Minutes May 27, 2014

8. MISCELLANEOUS – Hoffman asked about the drainage discussion. Tolsma said there’s been an issue with Kings Rd and West Arm Rd and a shallow depression is acting as a retention area and it fills and it flows across the roads and floods properties. He said they are working with some options to correct the problem. One of two is to deal with that drainage area with the install of storm sewer and diverting it to the storm sewer across the street and the second option is to do the drainage but also combine it with a road project. He said there is meeting scheduled open house with residents on Thursday, June 19th and discuss these options.

9. ADJOURNMENT - Mason makes a motion and Tempero seconds to adjourn the meeting at 7:59 pm. All votes ayes, motion carries.