##VIDEO ID:aIqzt_MUdHs## e e e e e people was really nice before when regards to the properties grou and look at something you're one minute behind i' would like to call the meeting to order for the nisell Planning Commission Board of adjustment for Tuesday December 6 2024 roll call Josh Young Gary Harris Dave Reese Maggie wler Steven timblin are there any additions or deletions to the agenda uh I have no additions or deletions the one thing is that um leaz on Jesse Zan was maybe going to be attending remotely tonight from the address 4540 Gordon Drive Naples Florida is not yet in the lobby but I think we can proceed okay a motion approve the agenda so move all second all those in favor I all those opposed motion carries next to approve the meeting minutes for U November 6 2024 are there any corrections or additions to those minutes no none hearing none I'll entertain a motion to approve the minutes so move all those in favor I all opposed motion carries next item is an open Forum we have nobody else in the audience except for the person that's going to be our applicant the next one so I'll move on there moving on to public hearings I'll entertain a motion open the public hearing so move I'll second all those in favor I I all those oppos motion carries all right uh first item is variance application 02924 to obtain a variance to permit an after theact placement of an accessory structure within the setback to the road right of way as well as a deck addition within the lake setback the subject property is located at 25197 Hazelwood Drive P ID 2811 0609 applicant owner Doug and Melanie Peterson Melanie you want to state your name Melanie Peterson give me your staff report all right so Melanie has um returned to the Planning Commission uh after the very was approved in what's it September at this point yeah I think so yeah um with the condition to um either return for a variance application for the structure or land 's permit to move it um so she's here for that as well as an additional ask of a deck expansion near the lake um the uh after the fact placement of the accessory structure within the road RightWay setback was three 3.7 ft where 20 is required and a variance for the expansion of an existing deck within the lake set back to the ordinary high water of 50.7 feet where 75 ft is required um purposed to be squaring off the deck as shown on the site sketches um the shed was located by the professional surveyor uh the existing deck is multi-dimensional where the largest lakew extent of the deck is currently 10 ft um the applicant wishes to expand the deck face to this point for the entire existing length of the deck where when they apply for a land use permit to rebuild it um the applicant also authorized um Joe Hall from Copper Creek Landscaping to act as an authorized agent for this project as well as the proposed amendments to the 2024 Shoreland alteration permit involving patio placement uh perious surface amendments and reductions alongside the garage guest quarters and water features shown um a revised storm water management plan must be reviewed upon amendment to that sh ad permit um which I'll take care of administratively through that process um and yeah that's basically it in a nutshell pretty simple St report analysis for this one okay do the applicant want to kind of give us a brief overview of um what the plan is so with the deck we are needing to replace it I think it was built in the 90s it's rotting um need just needs to be replaced but when we rebuild it we would like to there's an8 foot section and a 10- foot section we would just like it all to be 10 feet across so we can at least put a table there without falling off okay do we have any questions no no I had a site visit I was out this summer yeah dealing with the same problems and yeah as far as the shed goes um I've had I had three movers come look at it and um several landscapers and excavators to help ascertain like where where is a good place to put this because we don't have another level spot as you can see from the survey the whole lot kind of bowls or dishes down towards the house and towards the lake and so where it sits right now is basically the only level spot on the property that is you know anywhere near where we can actually put a building um the a couple landscapers said and while one of the shed movers said you're going to need to move a lot of dirt to get this level and maybe build a wall before you would move it um which then would put it right in the middle of one of my basins that according to one of the plans or the storm water management plan y so moving dirt is going to change that um and change the way the water flows through the property um and so far I've been trying to create those areas where I can keep the water from running down towards the lake um and so to have to redo any of that is you know just double cost for me um I also get water from all the neighbors across the street and from the south I'm the lowest spot so um it just makes it difficult to find a good spot to put it um okay the the shed was present when you purchased the property that's correct yeah it was actually a plus for us because we have stuff to store in there um there's just a two car garage and we like to put our cars in the garage if I remember right the the shed is about in the same position so far as setback from the street goes as as The Neighbor Garage is to the South is that correct that's correct you can actually see one of them was put on the survey there there's two garages that there he put the second one to the South and then there's also a third one to the South that I took pictures of and there was no record of when that shed was placed uh popped up on aerial GIS between 2016 and 2019 okay for the for the record what is the roadway setback from Hazelwood Drive supposed to be 20 ft from the platted right away Edge so um on the north side of the survey is where that 20 ft is depicted does Hazelwood it'll never go through North of you will it isn't it kind of a dead end Street there believe it terminates at the public access it runs the public access the tunnel yeah so okay any other questions right hearing none I'll entertain a motion and then we'll have to go through the uh variance application questions so I'll list those off and then we'll go one by one as we go through it uh number one is the variance in harmony with the purpose and intent of the ordinance and comprehensive plan um appears to me that the accessory structure the shed was placed in its current location some years before by the previous owner correct and that it does match it lines up with the with the adjoining garages so I don't really see a problem personally with that and then so far as the deck goes uh reconstructing the deck to square it up and it's not going to put it any closer to the lake than the closest point of it is now that is correct right so I don't I don't see a problem with that either number two is the property owner proposing to use a property in a reasonable manner not permitted by the city of niswa code of ordinances again I think it's not going to be used in in in any manner that it hasn't been used in the past up until now and you are a new owner of the property that was was caused by previous owners is the current conditions correct correct yeah three is the need for the variance due to circumstances unique to the property not created by the property owner I think we just alluded to I think the same same as number two four will the issuance of a variance maintain the essential character of the locality I would say yes as uh it's a variance application for something that was existing before the owner took possession and it does match the Adin it does that's fine uh number five does the need for the variant involve more than economic considerations I I believe the applicant talked about uh the need to account for where the water shed and where the water basin's going and any more dirt filling might affect that anything else to add I guess I don't see that it doesn't sound like economic reasons are the reason for getting this variance is it's the use of the property that see that right appears you know to me yep agreed we can't we can't approve variances for for economic reasons so all right doesn't seem as though there's any other pertinent uh findings I'll move approval of the variance U uh applicate or number 029 -24 uh to approve the variance as submitted and according to the uh staff report and uh findings a fact there's four potential conditions ah missed them sorry do you want me to read them off no no I got them here and in agreement with with the conditions as shown on the staff room cour all those in favor I I all those no we didn't get a second did we all those in favor I I all those opposed motion carries good luck thank you thank you r a motion to close the public hearing no move I'll second all those in favor I I those oppos motion carries moving on new business 2024 Planning Commission calendar guess that was perhaps a typo on the agenda it's a 2025 um calendar that I'm presenting in this I guess um so in front of you guys I have drafted up the 2025 planning commission Board of adjustment calendar um couple key highlights and points on this calendar um would be introduction of development review team meetings um these would just be placeholder dates for the land owners and their authorized agents to meet with City staff to discuss proposals that require Planning Commission and board of adjustment review um these types of meetings already occur informally throughout the week and the end goal of their introduction is to provide information about prerequisite steps to apply for variances cups iups subdivisions and others that can be deemed complete and present to you you guys um by setting these states aside now I'll promote time management throughout the calendar year while providing clear Direction regarding process and ordinance requirements um I also standardize the lead time for deadlines to attend meetings such as Planning Commission dates um rather than the first Friday I'm electing for five Fridays before the meeting's occurrence to allow time to deem complete perform review as well as the public the required notice in the paper um and get mailing out to neighboring property owners for development review team meetings I um selected a date of two Fridays before the meeting to um allow for scheduling throughout the day of those meetings to occur and invite relevant stakeholders to attend it's the summary of the calendar as I've prepared it do you anticipate that it'll be similar to how croing does it where it's you have a block of time and then the applicant is able to come with at a review time on those days only to discuss it with you so you can you can narrow it down to one day versus all the time the idea yes so that I can kind of establish a day that's preferred for us at the city staff level and to also facilitate site visits throughout the week as needed rather than you know impromptu you ERT meetings yeah there's no elections next November I take it no you never know I move to approve the dates as submitted by the C planner all those in favor I all those oppos motion carries next item is old business downtown Master Plan update thank you so on Tuesday November 19th the city council had met regarding the status of the downtown master plan that the city of Nisswa has been engaged in with width attached are the minutes taken at this special meeting uh the the resulted motion was to pause the downtown master plan until early 2025 and to request feedback from businesses property owners and nearby residents through a survey to be conducted by this by the chamber regarding committee makeup and necessary infrastructure updates a recommendation from the chamber will be provided to the city council in December which the council will take under advisement in 2025 um there was a note in that meeting about um potential liaison from the Planning Commission to serve on the downtown master plan committee should this be desired by Council I was looking to see if anybody might volunteer for that role from this commission can we volunteer somebody who's not here yes think that'd be good do you have any details on the time commitment that will be required um I think that they were originally slotted for the same day as these meetings in the morning around like 10 10:30 um typically an hour long I did hear from Sean that he might be interested in it um after that meeting on the 19th um just wanted to open it up so that I'm not just like okay you're my guy so Sean would be a good representative okay I'll move that Sean be the representative to leaon from the Planning Commission if we need a motion I don't think we need a motion just a opportunity to discuss and provide you guys an update so now there was the first plan that came through and I haven't viewed it at all but um there was some kind of a hiccup downtown is that right with some of the commercial properties um well I guess it what do I say uh we met a few times with the committee and then um there was some surprise at some Concepts that came out and we all right have kind of discussed and addressed those so it's back to the drawing board anyway okay all right I think it was getting into the me of starting to discuss some of the things like destrian Street um in traffic you know and circulation things like that and just beginning to you know start an open discussion about those things we needed to have some Concepts laid out on paper to really start the discussion that and that's uh you know position weart and now kind of set boundaries on what can be discussed ored yeah I would I would imagine there's impacts are different on on a particular business are two or three compared to others and you know you got to swallow I think so I think right now we're at a a pause for it obviously um and then with the goal of evaluating the makeup of the downtown businesses through the chambers process of um seeking input in the survey as discussed from there um okay once we have that then we're going to reevaluate I guess their response for that survey as well as just check scope process moving forward on the on the plan so when do you anticipate the first meeting day with the pause I would say maybe discussion occurring at the January city council meeting so maybe February if that D I think that's kind of the the plan yeah I know there was talk about trying to get feedback from people when the majority of the population is here so I know there was a little bit of stuff like trying to do it in spring summer now whether that's we have Concept Designs to get that feedback or do we want the feedback before the concept designs car before the horse type of thing winter Travelers won't be back until April or May anyway so I mean it's true be all over but by then all right that's it no no motion needed I guess right so y uh City planers report uh through the month of November I had issued 10 permits uh from new residences some septics those are still going in the ground um a commercial sign that was approved by variance in September um control and alterations um residential additions such as you know living area and Dex driveways and some e 911s okay any other questions comments I will entertain a motion to adjourn so move so move all those in favor I I all those oos motion carries meeting is adjurned thank you