##VIDEO ID:-gso9Cojzo0## the Planning Commission Board of adjustments for Wednesday August 14th 2024 and we will begin with a call to order um and now the roll call and Peter would you mind doing us the honor absolutely Ires here brisban here Weaver here Ty here zeran here thank you and would everyone please rise and we'll say the Pledge of Allegiance I pledge the AL to the flag of the United States of America to the Republic for which it stands one nation under God indivisible with liberty and justice for all may be seated and we will begin with the approval or any amendments to the agenda if anyone would like to make a motion to approve the agenda or if there are any edits please say so now I'll make a motion sorry that's fine I'll second M all right we have a motion in a second all in favor say I I any opposed okay motion has passed and then moving on to an open Forum so this is for any items that are not currently on the agenda if you have any input please approach the podium state your name address and feel free to share all right I don't see anyone approaching sorry what she put sorry this is not the time for me to talk I guess um if if there is a topic that is on the agenda we'll have kind of a public input for that topic but if it's not on the topic thank you all right then we will move on to approval of the July 9th um meeting minutes if we have any changes or if we have approvals motion I'll make a motion to approve we have a motion to approve any seconds a second we have a second all in favor say I I any opposed motion is passed all right we're going to move on to new business the first item up is a variance application number v246 for Lauren John kerfield trust and we will just pass over to that yep and we will start with the staff report all right Madam chair members of the board public notice is sent out for variance application v246 for Lauren and Melinda kerfield of 29845 sh viiew Lane the applicant has submitted the required prea meeting with staff the applicant has filed the appropriate variance application the applicant has paid the appropriate fee fee and the public hearing was published in the legal newspaper and the property owners within 350 ft were mailed notice of the hearing public notice was given to the DNR as the property is in a Shoreland overlay district and the DNR declined to comment variance request is requesting a variance from the road RightWay of 30 ft to construct an 8.1 by 18 ft addition a 7.9 ft x 22t addition 12T by 6 1/2 ft addition and a 16 .3 by 6t addition onto an existing non-conforming resident located 8.8 ft from the road rway summary of the property includes Lot 8 of the Breezy Point Estates was planted in 1964 the property is in a unit is a duplex unit in a residential neighborhood bordered by other residential property on the Breezy Point peninsula there are other multi-dwelling units near this property of similar character and Commercial Zone properties as well the property does ex seed the 50-ft lake setback it was constructed at the time of a 75- ft setback see the attached survey and building envelope denoted by the dashed lines the height of the proposed construction is currently under the 35 ft structure height and the applicant is requesting the variant from the road right away to add additions to the building and interior parking and residential additions as well the applicant currently does not appear to be reducing any existing setbacks within respect to red producing the RightWay setback the applicant was before the Planning Commission at the last meeting and was denied due to the proposed construction not being consistent with the public published request the property is over the 25% impervious surface coverage it currently sits at 36% and the applicant is proposing to reduce that to 35.9% most of the proposed additions are going over existing hardscaped parking areas and additional Hardscape is being removed on the maps we can see the TBR area for the to be removed areas that are exhibited and attached in the color survey in the colorcoded illustration so if the Board needs um to view those we can pop those up at the screen at that time too if allowed some of the additions would allow the applicant some possible additional indoor parking which seems to be a reasonable request both the city and the applicant would seem to be beneficial benefited by the variance with the increase in interior parking in an already congested area and to mitigate storm water runoff in a Shoreland area due to the dominous nature of the encroachment stack recommends the commission could consider approval based on the information presented at this time and the um we received no comments in written or verbal from any of the neighbors and the pnz recommends the following condition if approved that uh first floor roadside addition granted through the parking is used for vehicular parking so that concludes the staff report if you have any questions please ask um I did ask the Public Works supervisor to uh um to the meeting to um answer any questions the board may have about snow removal and some of the Street Maintenance out there so so and would this be the time to invite him to speak or um I think as the applicants present if uh if Mr Zer wants to speak up then you know then the board can ask him if got any specific ones so yeah perfect thank you thank you does anyone have questions for Peter at this time all right perfect well then we will invite the applicant up to the podium please state your name and address and I'm just going to uh make a note on the record that you have been here the last meeting so we have a lot of information already on file um the reason why we did deny was because there was some additional information that wasn't on the survey so if you wanted to focus on that for this meeting feel free to do that or if you want to go through the whole presentation that is your choice but um I know that we the biggest point was just some of the incomplete or missing information that we didn't have at that time sure Lauren kerel uh 29845 sh View Lane um just general information uh this building was built in 1983 including the garage as we believe it was built at the same time we've been there for 8 years in November it'll be 8 years um our goal is to have the additional bedroom space and garage space for parking also will give us a parking benefit with the parking uh below and the dining room extension out on the lake side will be 6 ft by 16 ft with additional bedroom face above that equal in size we are removing concrete 300 ft of concrete on the side on the South Side uh it is highlighted on one of your plans be the next one I believe in green is what would the concrete would be removed to replace the the uh pervious which we are covering for the proposed bedroom Edition and that is 300 ft of additional grass for snow uh placement and that should help that cause um the road right away on our last meeting I just wanted to note was it was not in the meeting that the road right away was plowed and that is not the case the road is uh marked on the layout and the road right away where that is from the edge of the pavement to the edge of the road right away is not plowed so it isn't uh they plow strictly within a foot either way of the uh existing asphalt road because there are mailboxes trees power poles in that road right away it's a utility easement so that should not be an issue parking as far as we're concerned uh we have in our eight years we have never had a a violation or know of any neighbors that have had a violation for parking so uh we consider that to be an nonissue also I think that's the summary you have any questions so you're not putting a sidewalk back into that exist to the new pad for the ENT no no we were uh we're going to leave that as grass we're going to use our um garage for our access we have very limited use in the winter and uh we don't feel it'll be an issue in the summer and if you put the screen up with the three additions uh where we're doing the work I could clarify the C being the is a deck now we would be using that deck space and just extending our slab that 6 feet of where the C is 6 by 16 and that was deck before which was uh impervious prior and the a is currently concrete that is the garage space we're adding 79 by 22 and the B is the bedroom space we're adding to maintain our um main floor bedroom with egress out the front at the street view there so the the C is going to be the dining area dining with yes with bedroom space above and from what I understand for the record you're not in uh increasing any impervious coverage it's kind of a swap at this point with the yes y so B is concrete present currently that is uh perious that is Rock um um egg good look s good you're going to keep that the same that would be an addition that would be the addition it'll be that's part of the tradeoff with to be removed okay and it is noted that the concrete would be removed out to the street which I don't I didn't clarify if that was necessary but I don't think uh you know that that RightWay area in concrete because that's not included in the percentage I don't believe but for Aesthetics I think it would look best at the lawn go all the way out to the road to the asphalt and just for clarification the addition on the front which would be kind of a is it's all for parking there isn't on the lower level there isn't any um living quarters it's all parking for that correct yeah that be a two-car garage and the front elevation I don't know if you can bring that up um would show the uh garage doors and the front view so the on the left would be our garage and then that window would be our egress window for the bedroom and it's then the front line is the existing line of what's currently there the garage the front of the garage now is equal to what or the future 8ot garage would be equal to what's there currently and that's been there from day one and I'm just kind of going through um the notes that I had from before so just kind of reminding us the reasons or the things that we wanted to see was one the buildup for the plan for the deck which you've provided um to confirm that parking was in the garage it wasn't um there's no parking in the right away your intent is to park in the garage that's what the garage is for um you've confirmed what the plan for the entryway walkway is by removing that um storm water I believe one of the diagrams showed a a circle where the storm water drainage is at and the drainage yes and then um number five was just to make sure that we're not exceeding any of the current impervious coverage which you confirmed is is not the case in this so is there any other concerns or things that anyone's thinking of that we didn't address all right thank you right at this time we're going to open up a public hearing so if anyone in attendance would like to approach the podium state your name address and feel free to give us and share input hi my name is Wendy W and I'm at 29825 Shore View Lane right next door and we are I'm very much in favor of them doing this I think anytime a neighbor can take an older property and bring it new life and add to the curb appeal and take away outdoor parking and make it indoor parking I think that adds to the not only the value of your neighborhood but also the value of their living there and makes it so they're going to come more often and I have my neighbors up here more often I think that adds to our value as a neighbor seeing their home um be what they want it to be so they stay and continue to add to our neighborhood thanks thank you Tom W 29825 sheview Lane uh we have the fun part and I hope Madame chairperson agrees our little Street Shore View Lane is kind of unique where we have a really cool spot to live where everybody gets along we don't have anybody that we really hate or don't want or wish they would move everybody gets along from Jim ry's house at the four-way stop to Marcy's house everybody gets along and that's kind of how Mike and Lauren and Mindy and Fonda that's how we get along also and we're all here because Breezy makes us feel better whether we live here or we come here on the weekends or whatever and I think anytime that we can use some common sense to help one of our families have more fun and enjoy their family more I think it's just common sense that says that's a good thing to do I am 100% in favor of doing this for them for for approving this uh as it has zero effect on me and I hope that the the the group decides as well thank you any questions hi Commissioners my name is Larry Martini I'm at 29866 Sand Beach Drive uh my wife Linda and I have owned that property since October of 2004 it is our um Homestead it's our primary residents um we support both this application and the next one that you'll be uh listening to uh variants number seven we were encouraged by fond and Mike to come tonight um and upon review of the materials we are really impressed that the project is going to reduce the impervious coverage albeit small in both cases that's a big win we're also impressed that it's going to eliminate parking in the driveway or part of the RightWay parking in the garage is something I desire to do but I have a tiny garage um my garage is on Sand Beach Drive and the back of it is on Shore View Lane we're just three lots down from Mike and Fonda but it is important to support this um your professional staff has even uh indicated that you should consider approval as Commissioners so thank you for letting me share my thoughts and I won't come up on number seven but my thoughts are the same unless I should do that and chair you'll indicate that thank you thank you is there anyone else that would like to approach all right then we're going to close the open public forum and we're going to move on to commission and deliberation so I'm going to start with reading the findings so notice a decision finding effect facts um the Planning Commission shall consider the following in its decision and make a written findings concerning the variance approval or denial number one the strict interpretation of the ordinance would be impractical because of circumstances relating to lot size shape topographic or other characteristics of the property not created by the land owner and we have found that yes the encroachment was created by a prior land owner number two consideration is the deviation from the ordinance with any attached conditions uh will be still in keeping with the spirit and intent of the ordinance and we find that yes the encroachment into the setback is minimal and it's pretty much in line with the existing building facade uh consideration number three the land use traded by the variance is permitted in the zoning District where the property is located we find yes that it is seasonal year round residential use and that is allowed in this zoning District uh number four the variants will not alter the essential character of the locality and we find yes that the proposed request is residential it's similar to adjacent neighbors and number five the variance is not for economic reasons alone but for reasonable use of the property and does not exist um under the current ordinance ordinance and yes the existing owners didn't create the encroachment the prior owner did um if the strict application of the ordinance was applied to the existing owners they wouldn't be allowed to construct the additions as proposed one of the recommended conditions is confirming and verifying and adding that the first floor roadside addition granted through this variance is for vehicular parking which we did confirm so those are the findings and the considerations that we have uh any questions or debate here for the commission or do we have any motions I would make a motion to approve variance application v246 do we have a second a second we have a second all in favor say I I all right motion has passed and moving on to the next item on the agenda which is a variance application V2 24007 for Michael and Fonda shuts um we will start with with a staff report so Peter take it from there Madam chair members of the commission the variance application v247 for Michael and Fonda schtz property address 29853 Shore View Lane the applicant required the applicant attended the required pre-application meeting with staff they've applied the appropriate fee for the variants and the appropriate application for the variants public notice of the hearing was published in the newspaper paper and mailed to the property owners within the 350 ft distance required by ordinance public notice was also given to the DNR and the DNR declined to comment uh variance request is they're requesting a road RightWay setback of 30 ft to construct an 8 by 18t addition a 7.8 ft x 22t addition and a 6t x 16.3 ft addition onto an existing nonconforming residence located 11 ft from the road RightWay summary of the property includes lot 7 of the 17th Edition to Breezy points Estates was ploted in 1964 the property is in a duplex unit shared with the residential neighborhood bordered on the side and it's also bordered by other residential property on the Breezy Point peninsula there are other multi-dwelling units near this property of similar character and some commercially zoned properties as well the property exceeds the lake setback of 50 ft as it was constructed when the 75- Ft setback was required and that can be seen on the survey ATT Ed and the building envelope and denoted by the dashed lines the height of the proposed construction is under the allowed 35 ft structure height the applicant is requesting the variance from the city road RightWay setb to add on to the existing duplex the applicant is not reducing any existing setback distance within respect to the road RightWay this applicant was before the Planning Commission at the last meeting and was subsequently denied due to inaccuracy of the proposed construction not being consistent with the published request of the variant application the applicant has since resubmitted the revised drawings to better illustrate the scope of the proposed construction which is now consistent with the request published the property owner is over the 25% allowed impervious surface coverage and it currently sits at 29.2% and they were proposing to reduce to 29.1% most of the proposed additions are going over existing Hardscape parking areas and additional Hardscape is being removed C to be removed area on the attached color survey on the color code coded illustration showing the removal areas and the addition areas if allowed some of the additions could allow the applicant additional indoor parking which seems to be a reasonable request the applicant has also dedicated additional storm Water Management areas to the side of the building to address any runoff associated with the structural modifications both the city and the applicant could benefit by the variance approval which increases in interior parking in an area already congested and to mitigate storm water runoff in a Shoreland area due to the dominous nature of the encroachment staff recommends the commission consider approval based on the information presented at this time and again that concludes the staff report if the commission has any questions on road maintenance or anything in the area we do have the Public Works director here that can speak on that if they have any um if the board has any questions on that as well too that concludes the staff report thank you thank you Peter any questions for Peter all right I got one just construction equipment once this project starts it's going to have a lot of construction equipment sitting and if it happens in the winter Joel probably can't get through but you can go around I guess H that's a very real Poss possibility it's not unique to this situation or any other construction project or um Emergency Services I mean there's a variety of things that can obstruct our plowing and typically you know if it's a real problem we get law enforcement and get things moved then we come back and clean up so um cooperation would be appreciated to you know the whole neighborhood to make it work but yeah I can see that is there anything that you'd want to add as far as um plowing or any other considerations or things that you'd like to bring up no I I mean um I'm sure you're all aware of the mailbox line um generally speaking mailbox line 8911 posts that are within two to three feet edge of the pavement that's typically what we're using for snow storage uh some years I mean we strive to not use the right of way because it generates a lot of complaints um but some years we will have to as the snow builds up the road gets narrower push it back I believe a couple years ago it was four or five times um it causes damage to the right away that's what it's meant for um and it can cause problems unforeseen problems but um I don't see this ch changing any of our normal operation so um the storm water you know if that actually does move some water away from the road that would be good because the shore view is very flat there's not I mean it's it's good sand ground but um water does like to sit in certain places so anything that could be done would be beneficial thank you all right at this time we'd like to invite the applicant up to the podium please state your name and address and just as a reminder this um request was fully reviewed back in July and we had a few things that needed to be added or or at least completed and so if you wanted to focus on those feel free or if you want to go through the whole thing that is your choice um but feel free to begin okay um Mike and Fonda shuts we're at 29853 sh VI Lane in byy point um and I guess it's kind of a similar to what Lauren and Mindy are doing we're the other half of that building um I had just a couple things written down from our denial letter that we got but actually I must say that I it it was a very good process for us because it did make us go back and just really Shore everything up and we had some really good feedback and suggestions on on pulling back the one side of our garage four feet and we did that and it was very good so thank you for that um it is our hope to be in cooperation and collaboratively work working together and we worked very hard to stay within our um previous impr previous numbers um out of respect cuz we we do understand we want to be good stewards of the land that we're on and and enjoy the property and kind of have it work um synergistically together um but with that said it says um like reason number one was just that the area on the point was limited parking and um more structures in the setback would make everything more congested and I guess our thought on that it's already been voiced but being able to put Vehicles away pull them out of that sort of congested area so they're not there to me is a is a positive and is kind of the solution to that particular Point um and our Renovations do directly address that um and we do understand the intent of the chapter 153 is to reduce the non-conformities unless there's a practical difficulty and we we'd respect that and I kind of go with the letter the law and the spirit of the law and I I I can see that bleeding through and we do respect it and I would say if all is kept as as it is now because we live here full-time having our vehicles Out close to the road because that's our only option that creates more of a hazard and kind of adds to the congestion versus if we could pull it away and and get it out of there just makes it more safe and to me that that is very much showing the respect for the intent of what this chapter 153 is trying to say is it's all about public safety and we're all about that too um and then it was saying um properties over the maximum improv and it is and that's how we bought it it was already over it when we bought it so for us we are just asking to kind of do a swap um if you bring up where we're adding versus what we're giving back we're we're giving back just a teeny bit more than what we're adding and some of it is over already existing um perious too so we're just putting a a a room on there versus like a deck so it's the same as what Lauren and Mindy are doing um and and as far as the short Ving being difficult to plow well we're hoping to alleviate that a little bit again it kind of all goes back to being able to put things away I think opens it up and makes it just more open if there is any sort of issue or congestion so um and the purpose of the set back being a buffer and being able to load and unload and not being in the roadway we agree with that too we'd rather have a place that we can load and unload which would be in our garage most of the time um unless there's some significant thing that we're doing but I guess yeah the actual construction would be different but absolutely willing to work and collaborate and make sure that it's safe and open and free as much as possible for everybody but are there questions about the project that we can clarify so I would just point out what changed from the last time so one of the things was um um item number four on here um was not on the previous one so if you just want to kind of explain that's existing um deck right now so it's already perious but just like Laur and Mindy we're pulling our building out to be dining area right there with bedroom Above So exact same I mean it would just be mirror image with Lauren and Mindy yeah and then um on the other there's one that's green coated with green that shows what we're giving back what we're getting rid of and that that kind of shows a better image of what's what's right now perious that's going to be back to or no impervious I'm getting it backwards right now that's impervious and we're giving it back to bious yeah so grass landscape things like that so which is good so we're kind of doing a swap and I'm very happy to say that we're we're totally within our numbers and that was really good and that was the result of very careful and considerate planning and I hope you can see that that is in good faith that we want to keep Within These numbers and kind of make everybody happy so question for Peter who enforces that the inspector or you the impervious surface would fall on me so I would review this after their Project's done to make sure that they took out what they took out and that they're putting their storm water into the storm water detention area I forget are pavers impervious or perious they they can be both I think maybe I misspoke on that last meeting just because there was a lot of impervious perious flying around you know but the city under current ordinance we can allow from what I read in the ordinance to go over an impervious if they have an engineered product signed off by an engineer with a management plan so like if um an example would be the property south of town where the um fire truck was on display there that property right across there all of his asphalt is engineered is permeable so it doesn't count against his credit so good to know good to know yeah did that answer your question on the okay yes so just kind of reviewing the reasons why there was a denial last time and we asked them to come back was to build out that plan um where the deck is for the addition which you have done um we wanted and I believe actually I didn't confirm this but parking is in the garage there is no living quarters or anything in that area Okay and then um confirming the removal of the um is it currently cement out there that you'd be removing it wasn't okay it's cement and then um storm water we had reviewed that last time that's still consistent no changes and that not to exceed the current impious coverage which you confirmed went down slightly too so any other concerns or questions that anyone would like to bring up thank you thank you at this time then we're going to invite the public for an open form if anyone would like to address us feel free to state your name name and address and share with us your feedback tomw 29825 sh viiew Lane uh ditto to what I said for I almost said work and Mindy that's what I always call them Lauren and Mindy uh but Joe uh I have a driveway right on the north side of my garage in between our two properties happy to use that for their construction vehicles all winter long because we're not there in the winter all they got to do is blow it out and happy to use that makes it really nice and easy because you can back right into barter's driveway come right straight back in so uh put my money where my mouth is we're a good neighborhood have no problem using that at all and I'm 100% in favor of them doing their project thank you thank you Wendy wor 29825 sh View Lane ditto we're fully in favor of this it can only help the neighborhood thank you thank you Wanda Mankey 298 63 sh View Lane uh We've owned the property next right next door on the North side uh for many years and uh we live up there now full-time for the last 20 years and uh we've never had a problem with parking or backing out of the driveway which I think was part of the problem before and uh uh I we have no problem with them adding on they're good neighbors so that's all thank you Larry Martini uh 29866 Sand Beach Drive we're all great neighbors actually we just had tacos a week and a half ago together um but we fully support this we're impressed with what they've done trying to meet conditions and again I go to your professional staff recommendation of approval so we ask you all appre approve this unanimously thank you thank you all right we will go ahead and close the open forum and move on to deliberation and I will start by reading the findings all right the Planning Commission shall consider the following in its decision to make written findings concerning the variance approval or denial first is the strict interpretation of the ordinance would be impractical because of circumstances relating to lot size shape topographic or other characteristics of the property that was not created by the landowner and we find that yes the encroachment was created by a prior landowner number two the deviation from the ordinance with any attached conditions will still be within keeping of the spirit and intent of the ordinance and yes the encroachment into the setback is minimum and pretty much in line with the existing building facade number three the land use created by the variant is permitted in the zoning District where the property is located and yes the um it is a seasonal year round residential use and that's allowed in the zoning District Number Four The variants will not alter the essential character of the locality we find that yes the proposed request is residential similar to other adjacent neighbors uh number five the variance is not for economic reasons alone but for reasonable use of the property does not exist under the ordinance and we find that yes the existing owners did not create the encroachment the prior owner did if strict application of the ordinance was applied the existing owners would not be allowed to construct the additions as proposed and then we recommend the following conditions that the first floor roadside addition granted through the variance is for vehicular parking which we did confirm is um their intent so those are the findings do we have any deliberation or motions I would move to approve variance application V2 24007 I'll second we have a motion in a second all in favor say I I I any opposed motion best all right moving on to item number c which is the variance application v248 for Robert and Linda Panner and if Peter you'd like to kick it off with the staff report Madam chair members of the board variance application v248 for Robert and Linda paneer property address 32614 South Bay l the applicant has filed the appropriate application fee for variance the applicant has paid the appropriate fee for the application and public notice that was published in the paper and mailed to neighbors within 350 ft mailing radius public notice was given to the DNR as the property is also in a Shoreland area due to its proximity to Lake ASA wiimi and the DNR declined to comment variance request is to request a variance from the required 30ft setback from a wetland to a setback distance of 16 ft 8 in to construct a 1,244 ft garage summary their property includes this property was subdivided through meats and Bounds prior to the land use ordinance adoption the property is in a Lakeshore residential neighborhood bisected by the road South Bay Lane the adjacent neighbors properties are similarly developed with a resident on the Lakeside and a lot in a garage or accessory structure on the opposite side of the road the Wetland appears to be a unique Factor on this property to which requires a variance request on this property because the applicant is proposing a structure encroaching into that setback the city Breezy Point adopted Wetland setbacks to keep development out of watershed sensitive areas and to discourage the development of substandard land and unsuitable areas Crowing County is the delegatory authority when it comes to impacting Wetlands with such activities like filling them in building on them or directing unfiltered storm water discharge into them much of the concern the Planning Commission should consider is how the function of this Wetland would potentially be affected by the proposed plans City staff sees no significant impact as the Wetland still has some buffer and the storm water management plan proposed with the application appears to address and improve the on-site storm water management associated with development of the property allowing the variants would move the structure also to a conforming area with respect to the property line to the north and improve that current condition as well meeting the setback whereas in the current SE the current structure encroaches into the neighbors setback if the commission applies the strict interpretation of chapter 153 in the codes of the city the applicant would still be allowed to keep the non-conforming structure and maintain it as it is in its current Dimensions as it currently exists due to the dominous nature of the encroachment staff recommends the condition the commission consider approval based on the information presented at the time in the application submitted that concludes the staff report if you have any questions please ask no response from the DNR on this one no I their response was they have no comment on it [Applause] so any other questions or should we move to applicant all right we invite the applicant up to the podium please state your name and address and feel free to go through the um request okay my name is Colin Jacobs with Mara architecture at 5411 Lakers Lane in niswa representing Bob and Linda pineer at 32614 South Bay Lane uh as Peter uh commented this is a a a expansion of a garage or a new garage for additional stor and Recreation demoing of the existing 638 uht structure and building a 1244 squ foot structure uh as noted in the application we are kind of limited with a a window uh with the uh non-conforming setback on on the North side the Wetland to the West uh proposed and upgraded septic system to the South and the roadway to the east um if you look at the drawing uh that has the color coding on it I think it's uh the one of the last two pages on the application I think it represents it the best right there so as noted uh the proposed footprint um sits basically where the existing structure is and existing grading that goes towards the Wetland so the proposed uh garage that is going back towards the Wetland is sitting on existing grading and then worth noting that the storm water retention number one um being behind the expansion and off to the side would allow for drainage into that retention area before it impacts any wetland um other than that the it's a allowable um size within the ordinance U we're just trying to fit it in there in that little window and make it uh conforming on that uh north side and it appears that you're moving it further away from that line correct yep yep the existing setback is 7.9 ft and we're getting that 10t setback on the on the the north there there will be fill put in there will be fill needed on the south side of the new MH um but that is why we jogged that there in order to utilize where the expansion goes towards the Wetland we're able to use the existing gradings as there and and minimize the amount of grading needed for the expansion to the sou so I see there's proposed new septic or added on it is updating the septic for the cabin which also was damaged by some trees from the tornado uh so this design is honoring the the side setback to the building and uh per the septic designer we could not push that further towards the Wetland because of the grade that is happening there and the need for the mound system so that's why it's L-shaped the way that he has it okay so it will be a new septic correct y Madam chair is there a well on that side of the road for the bathroom no the well is on the the Deep Well is on the North or excuse me yeah the northeast corner of the cabin okay are you is there going to be Directional Boring underneath the road or are they proposing to dig that up and then Directional Boring is the better yep coming from the cabin right yep and um just confirming I mean it sounds like the proposed grage will match the color scheme of the existing cabin so everything's going to be conducive to the neighborhood correct so you have retention Pond one is there two I don't see it yeah retention Pond two is actually to the to the lake side on the oh down there okay and truly for the garage we can work with City staff to to get as much back on the on the Wetland side but really is breaking up the the to um the volume needed in two different locations we really don't have it the the north side of the existing garage really falls off to the north property so and there's not enough room on the backside so that for the garage proper with the septic that's the really the only location we can get that majority of the retention for the garage property Peter is South Bay Lane is that a private [Music] road I would defer that question over to Public Works director no no you Plow That [Laughter] barely did you say barely or rarely barely um I don't know how familiar are you are with South Bay Lane um a few years ago I believe a structure was put in um where we did turn around um so now we can no longer use so you have the back all it time well we had to change our vehicle we went from the dump trucks um they can't access it now now it's that 450 and I'm able to typically turn around at the very end in uh the gentleman's it's not a culde saac it's just kind of the widest part of it um it's a meets in bounds the right away it's never been defined um most people would consider it a shared driveway but it's been maintained the entire time I've been here and it's traffic is very low it doesn't require high amount of Maintenance um gravel maybe every couple years we don't dust coat it um we don't Wing that road I mean we can't especially towards uh I would say say it's probably the southeast portion um it's just Cedar fences right on the edge of the dirt um and most PE I I think we've finally started getting a couple more full-time residents but um my first handful of years here it was totally seasonal so there's some change there but it's uh yeah we don't have many we have a couple other roads that tight the North End of Channel Road is kind of comparable meets and Bones road but the RightWay hasn't been secured and you know so any other questions no any other questions for the applicant thank you thank you at this time we'll open for public input if anyone here in attendance would like to approach the podium state your name address and feel free to share we'll close the public input and move on to deliberation with the commission and I will start with our findings the Planning Commission shall consider the following in its decision and make written findings concerning the variance approval or denial first the strict interpretation of the ordinance would be impractical because a circumstances relating to lot size shape topographic or other characteristics of the property not created by the land owner and we find that yes the wet line is unique um attribute to this property it adversely affects the development potential of the lot uh number two that the deviation from the ordinance with any attached conditions will still be within the keeping of the spirit and the intent of the ordinance and we find that yes the encroachment into the setback is minimal um number three land use created by the variance is permitted in the zoning District where the property is located and yes it is a seasonal yearound residential use that is allowed in that district and number four the variants will not alter the essential character of the locality we find that yes the proposed request is residential similar to the adjacent neighbors they have similar sized accessory structures along the roadside part of their lots and number five that the variance is not for economic reasons alone but for reasonable use of the property and that does not exist under the current ordinance and we find that yes granting the variance would allow the land order to comply with today's property line setbacks and improve site drainage and storm water management um we would like we consider the following recommended conditions which is one do not direct any unfiltered storm water pre- or post construction into the Wetland area so those are the findings and the recommended conditions do we have any deliberation or motions that would like to be made I guess I'll make a motion to approve the 24-8 the one condition that they don't dump storm water into the wetlands um I don't know how you're going to do that with that retention P plan but I hope it works we we have a motion do we have a second second all in favor say I I any opposed motion has passed moving on to item number D our final item under new business is a variance application V 24009 for Bonnie and Joseph stazinski and if they would approach or actually we're going to start with the staff uh report Madam chair members of the board variance 20 v249 for Bonnie and Joseph stronski address 30982 Lane the applicant has filed the appropriate application the appropriate fee for the application has been paid public hearing of the notice was published in the paper and mailed to owners within the mailing radius of 350 ft public notice was not given to the DNR as the property is not in a Shoreland overlay District the variance request is a request from the require required Road rideway setback of 30 ft to a setback from a 30 ft setback to construct an 11 6 x 13.9 ft addition onto an existing non-conforming structure located 22.3 ft from the road right away summary of the property review includes this property was platted or subdivided in 1964 as the 14th Edition to Breezy Point Estates prior to land use ordinance adoption the property is in a residential neighborhood the adjacent properties are similarly developed with single family yearr round residences the city has established structural setbacks from roow and Associated road rways to keep travel corridors clear promote safe travel sight lines and intersections and to provide areas that do not have structures that could interfere with RightWay maintenance and utilities Etc the proposed addition does meet the RightWay setback however the existing structure does not is therefore considered non-conforming and requires variance approval from the Planning Commission for any structural expansion this is common language in ordinances it provides a mechanism that allows communities the time and the opportunity to review additions to non-conforming buildings if perhaps the structure is grossly non-conforming and a public safety hazard the community at that point can disallow expansions on the other hand some ordinances do allow expansions without variances to non-conforming buildings when setbacks can be met by the addition this has proved to be problematic in certain cases where a city would wish not to allow or encourage an enlargement of a non-conforming use but would be forced to allow the expansion the planning Comm commission should consider how approving this variance could affect the functional safety and maintenance of the RightWay in this immediate area staff sees no significant impact to the road right of way as the addition is meeting the setbacks if the condition applies the strict interpretation of chapter 153 of the code of the city land use code the applicant would not be allowed to increase the size of structure due to the nature and the size of the non-conforming and the addition meeting all setbacks staff recommends the commission consider approval based on the information presented in the application and at this time that concludes the staff report if you have any questions please ask and again we have the Public Works director that could answer any questions as far as Road RightWay um maintenance requirements thank you I got a a question and it doesn't maybe this is an appropriate time but their fee is200 50 and the people that came in with the doubles their Fe their fee is$ 250 how old is that that's what the variance fee is for like the duplex seems like there's yeah seems like that one should be higher and this one should be $100 or you know I you know that's a good question that's a different subject I know I I shouldn't have brought it up now but it just seemed out of place we can discuss that in more I I think it's a Germain topic to discuss with the board because I mean Breezy points variance fees are regionally quite reasonable compared to area cities but that being said with a variance request um it comes public notice staff review time and stuff like that so it's interesting in the variance world the state law doesn't allow at least my knowledge to yeah like if you going Big so so what gets it gets interesting when the when when Grandma has the lake cabin and wants to add 6 in onto a deck variance fee the whole thing uh professional developer comes in and wants to put up multiple apartment buildings their variance fee would still be 250 Buck $250 okay so but very good question for that for sorry I got off the track there but all right thank you for the staff report and at this time we'll invite the applicant up to present please state your name and address and review the application request I'm Bonnie stonky 30982 wolf Lane um bre point we want to um enclose a an existing patio that's just cement right now it takes a complicated Roof System to do this um add this little teeny to cover up this um P patio yeah it's an existing patio that we want to enclose main reason for doing that is to have an ex half bath added down to our house we only have one bathroom right now um so yeah and if you go all the way down you can see this is a valley system and everything that has to happen um the drawings um all the way down you can see the the area that we're in yellow that we're going to enclose it shouldn't it's not a um obvious already impious yeah and it's wouldn't be even visible really to the street or to um weever Weavers Point Road we did buy the lot behind us but we don't intend to attach that um just just have it the way it is not do anything with it maybe that's all there is I don't think it's in yellow there's a there's a survey too that we submitted that um no it's not in there okay well yeah see that little drawing in the middle there so there's the garage there's a breeze we from between the garage and the house and then it's just this little patio in the back mhm that's all and you see where the line is is there the garage is 10 ft too close to wavers Point Road but I do point out that the neighbors are even closer yet to wers Point Road than we are the house was put there I'm guessing in the 80s we really don't know um and I don't know what the setbacks were at that time but I think it was conforming but it it is what it is that's it is this on city sewer pardon is this city sewer or is this a private city sewer City SE anyone have questions no thank you so much thank you and we'll move on to public input if anyone in the audience I don't think there's anyone in the audience so we're not we're going to move out of the public input and move and close public hearing and move on to deliberation with the commission so I'll start that with findings um of the decision findings of fact the Planning Commission shall consider the following in its decision to make written findings concerning the variance approval or denial number one the strict interpretation of the ordinance would be impractical because of circumstances relating to lot size shape topographic or other characteristics of the property that have not been created by the landowner and yes we find the structure was built non-conforming without anyone's knowledge two the deviation from the ordinance with any attached conditions will still be in keeping with the spirit and intent of the ordinance yes the structures location is non-conforming but all the addition meets the setbacks and number three the land use created by the variant is permitted in the zoning District where the property is located yes it's a seasonal year round residential use allowed in that zoning District Number Four The variance will not alter the essential character of the locality we find that the proposal request is residential it's similar to adjacent neighbors and shares the same setback as a residence across the street um and number five the res the variance is not for economic reasons alone but for reasonable use of the property that does not exist currently under the ordinance and yes we agree that without the variance of the landowner would not be allowed to do this addition um there are no recommended conditions added to this so those are the current findings um any deliberation or motions from the commission I'll make a motion to approve variance application V 24-9 do I'll second it all right we have a motion to Second all in favor say I I any opposed motion has passed thank you any old business to bring up or um any staff reports Madam chair members of the council um we have uh a couple variance applications that still might come in yet here so they just kind of take a little bit of time so we'll see see what we get for when that deadline passes um we at the city seem to be getting like a real influx of complaints about um camping Lots usually that's on the 4th of July and it kind of stops then you know but there's a few of those going around town and uh I'm working with currently working with the PD office and stuff and addressing some of those issues so that we have going on um so a couple of them stubbed in power to some of the Lots you know and made some investments in it and we're going to find out that that's not going to be something that's going to work out um how this could potentially involve the planning board would be um I would talk to the um City administrator and see what he would feel on it um sometimes if somebody like bucks an enforcement type of thing like nope don't do this what I've done in the past is I say you know what I'm just telling you the rules I'm giving you the information come to the planning board and and ask them if they will wave the ordinance and that typically isn't something that's waved what that does in an enforcement type of situation is it helps out with like an attorney and prosecution type of stuff cuz they're like they're like hey it's just not not a staff person going don't do this you know it was heard before a Judiciary body that is appointed by you know the city council and it has even more weight so I don't think we'll get to that level but just in case and then I also might be looking for a little bit more Direction in the fall just to run the idea past the planning members if it would be a good idea for me to maybe drive some of the roads in the town before winter just to see um some of the campers um past experience in other areas um kind of nice to give them a notice like right off the bat so they don't they're not there for a season then also the neighbors get used to it and it gets a little bit harder to kind of get them out so like squatters you know yeah yeah we got one that's particularly is going to be a little bit of a not difficult but it is going to probably challenge the process and find out that it's going to be expensive and lengthy for his project but so on a camper or whatever if they move it in 30 days that they're okay current ordinance in most zoning districts allows camping on an improved lot and ordinance defines improved lot as something with a residential structure that meets our requirements so this particular individual I know the next move he's going to say hey haha I read the ordinance I have a residential structure and that's when I say well it also says in three different other areas in the ordinance that it has to be 26 ft wide it has to be a house and it has to have a certificate of occupancy for from our building official that's the real plugin when these communities like this made wise decisions you know you know with building code related type of things because I I've worked in areas where there isn't and and we go here's a permit go ahead and live in it and then neighbors going are you kidding me I made this investment in my house and and and somebody's going to be partying in a camper trailer every other weekend so and and it's kind of nice and Breezy Point I'm finding is I'm getting more experience in working with some of the details in the city you know we also have campgrounds so even if we went to court over it it's not like we're saying you can't Camp it's just being in the campgrounds because that's where that is so yeah if there's ever an ordinance change that looks to remove the residential requirement as a resident I'm not a resident in the city but I would strongly encourage people to definitely consider keeping that on there so that MH what does the ordinance say about living in a camper while you're building a house on on that property great question 6 months months what it is yep and that's and that's a nice thing to have and and this particular one that I'm going to be working on they're trying to gray that line by saying we're we're doing a construction project I'm going to say not only are your 6 months up we also don't have a valid permit issued for it so yeah it offers some flexibility and then of course if you have a residential property you could have a camper absolutely you know technically they're only supposed to be utilized for 14 days at a time so that somebody doesn't have somebody you know living on the property necessarily so there's a few of them around Joel probably sees that I've seen two of the the vrbos where they people pulled in campers the weekend or whatever big dime when you see that let me know immediately I have the list of the vbo people and you can call them even directly like cuz they have that's a great I'm glad you brought that up because in our V vbo policy from what I've been seeing it's been pretty successful it hasn't been a giant can of worms because I have gotten some complaints I call them I'm like not to be rude but I'm just like fix it now and they're and they're like and it's in their best interest totally they're like thank you so much for calling cuz the people that didn't read their rules they they stuck one in back here a couple weeks ago or whatever and and then that was kind of interesting I don't know if you saw that but I mean they got the one out of their Pronto cuz they told the people that were staying there they said you just violated their terms of the you know the vbo yeah so yeah definitely let me know if you see stuff like that and you know cuz those you're you're totally right it's it's a it's a you know can be a little bit concerning you know so okay any commissioner reports no then we can adjourn thank you all thank you