This transcript features the **Planning Commission meeting** from December 14, 2020. Based on the context provided and the dialogue within the recording, I have identified the speakers, including the Chairperson (likely **Brian Douglas**), City Administrator **Jon Radermacher**, and applicant **Rody Theobald**. [0:28] (Silence/Background noise) [11:14] **Chairperson Brian Douglas:** Good evening. I call the Planning Commission meeting of December 14th, 2020, to order. Roll call. [11:20] **Commissioner Duncan:** Here. [11:21] **Chairperson Brian Douglas:** Mr. Himma? (No response). D. Lundell? [11:23] **Commissioner D. Lundell:** Here. [11:24] **Chairperson Brian Douglas:** G. Lundell? [11:25] **Commissioner G. Lundale:** Here. [11:26] **Chairperson Brian Douglas:** Mr. Christensen? [11:27] **Commissioner Christensen:** Here. [11:28] **Chairperson Brian Douglas:** Moving on. Approval of the agenda. [11:32] **Commissioner Duncan:** Make a motion to approve. [11:34] **Chairperson Brian Douglas:** Motion's been made. Second? Either or a second. All in favor? (Chorus of Ayes). Approval of the minutes of the November 9th, 2020 meeting. Any corrections or additions? [12:01] **Chairperson Brian Douglas:** Hearing none, do I hear a motion to accept? [12:04] **Commissioner Christensen:** So moved. [12:05] **Commissioner Duncan:** Second. [12:06] **Chairperson Brian Douglas:** Motion's been made, seconded to approve the minutes from the November 9th meeting. All in favor? (Chorus of Ayes). Opposed? Period for public input. Anyone here for public input? Seeing none, we'll move along to the public hearing. Street vacation and lot split for Robert B. O'Gorman, 915 North 6th Street. The proposed street vacation and lot split will allow 915 North 6th Street additional lot space, create a lot that meets all current code regulations. Anyone here for the public hearing? [12:56] **Chairperson Brian Douglas:** Hearing none, close the public hearing for resolution 2020-4. Moving along, discussion items. Number A, Resolution 2020-4, the street vacation for Robert O'Gorman. Discussion? Pretty straightforward, so no discussion? Hearing none, do I hear a motion to accept or deny? [13:30] **Commissioner Duncan:** I'll make a motion to approve resolution 2020-4. [13:34] **Chairperson Brian Douglas:** A second to that motion? [13:36] **Commissioner Christensen:** I'll second it. [13:37] **Chairperson Brian Douglas:** Motion's been made and seconded. All in favor? (Chorus of Ayes). [13:44] **Chairperson Brian Douglas:** Opposed? Moving along. B, Resolution 2020-5 for administrative subdivision lot split for Rody Theobald, owner of 401 Middle Street. Currently one parcel, it is being proposed to allow that this parcel be split into two parcels. Each parcel would meet zoning requirements for the city of Cannon Falls. Um, is that Rody back there under the mask? Yes, it is. Um, would you, you have anything to say, Rody? If you'd like to step forward. Anyone on the commission has questions for Rody? [14:23] **Rody Theobald:** I purchased the property from the Window-Schaefer trust and in doing so I was working with Diana and Dave W. to get the property to be two parcels rather than one. But under the guidance of the ordinances of the way it is currently zoned... Is there any questions for me or...? [14:48] **Chairperson Brian Douglas:** Well, I think I have a question. Um, well first off, I see 70 feet. Does it not... don't we need 80? Is that what we're here for? [15:02] **Rody Theobald:** 60. I was told 60 by 135, but I want 70 just because... [15:08] **Chairperson Brian Douglas:** I thought it was 80 by 135. Am I incorrect? [15:13] **Jon Radermacher (City Administrator):** That 80 is for if you're going to do a corner lot more than a single family. [15:18] **Rody Theobald:** Correct. And at this time there isn't any plans for that lot. It's just that it... and I'm actually selling the house to my sister, but that lot may be adjoined with the all the rest of that slab-on-grade is what it's presented right now for the rest of that trust and there's some interest in that. But at this point there's nothing that is documented. But at this point we'd like to, um, like I said, make the house itself... that lot is much larger than required. But the lot in which we are separating, Parcel B as noted on the survey, would be retained by me once this would be approved. [16:03] **Chairperson Brian Douglas:** What's the reason for the flag just along the backside there? I can see a straight parcel, I don't understand the "L." [16:11] **Rody Theobald:** Well, there's another 3.6 some acreage behind that that is still in negotiation but not a part of this property at this current point. When the property was sold I purchased it um, knowing that the rest of that property is available and on the market right now, but that's a negotiation. [16:33] **Chairperson Brian Douglas:** Okay, so that's... so it's not in your hands at this time? [16:40] **Rody Theobald:** Yeah, I cannot speak for comment on that because that's still in that trust. [16:42] **Commissioner Duncan:** Any questions by the commission? Yeah, Rody, um, you know we've we just all received, you know, something that was printed on a napkin and they made a copy of it. Is this something you're thinking down the line? [16:58] **Rody Theobald:** If, depending on how the the rest of that property, that three-point-some acreage that's still in that trust is developed, we may follow suit with what they're doing. But at this point there's nothing. And our... we'd like to go ahead. At some point I could see myself moving back to Cannon Falls, I currently live out in the golf course right now. But the reason I don't have immediate plans is that I don't immediately plan to move there, but I would imagine in the meantime that property behind me will be sold, but I would entertain the idea of either working with them or going along with the same kind of footprint. Because I was told initially by the realtor that that's what they're pushing hard for is slab-on-grade elderly living, if you will, or condos or whatever you want to call it. Much like it's on the west side of this property right now where I believe Mr. O'Gorman put the the condos already, right? That whole area most likely be something similar to that. But what you have on the map there is something that I have just looked into a little bit, but I haven't gone ahead and done anything as far as outside of just brainstorming on the property. [18:14] **Commissioner Duncan:** Okay, is this other three acres that you're hoping to... is that to the south? [18:19] **Rody Theobald:** It's all to the south and west all the way back to the the street that is right next to where Van Gilder's building. I can't think what that street is that comes in right there to Middle Street. [18:31] **Commissioner Duncan:** That's Third. I live right on Third Street Southwest there, right across from that new house that was... certainly that's just to the south of what you where you're at. Then that property comes to rate to Third Street and wraps all the way to the backside of this property. It was all one at one time until the trust broke it. Because I just want to make sure that if we approve this lot split, we come later... I know across the street from me where they've ended clearing the trees, there is an alley platted there. [19:07] **Rody Theobald:** I believe there is on their portion of it, but that's to get into that... it's actually going to be the development. They platted it I guess, or at least that's the preliminary, but I once again I don't own that property so everything in ours is all coming back out to Middle Street. Because as I look at this drawing, if you were to come back and and try and do all these on that north-south strip, it would be very difficult to put something there. [19:35] **Rody Theobald:** Correct. Correct. And that's why it's very, very preliminary. Everything would have to be approved. What I'm getting approved tonight, or the only thing I'm trying to do right now, is set it up for future reference and which like I said, we may or may not own more of that property. But once again, the city to try to accomplish the same kind of living quarters. I'm not looking to make, you know, put multiple single family. I would be more so like what they have done already with the property, and I don't know what that development's called, but um, if I were to be in that situation it would be trying to match what they're already doing the rest of the property or be a part of that. [20:18] **Commissioner Duncan:** Right, because as a Planning Commission we're we're concerned when things aren't in the right dimensions and then you you buy or do this lot split and then down the road you want to try something else and you know, I'd hate to have to or the commission would hate to have to turn you down because it doesn't fit. So I want to make sure that you understand that that's a possibility. [20:39] **Rody Theobald:** Yeah, I understand that completely. The part that I'm doing right now is protecting basically my sister who's going to be owning the house, right? So if somebody else were to come in here and build right, cuz obviously to the other side of her home there they're within five feet—it's not to code. It is what it is. But I don't want that same thing to happen on the south side of her living residence there. And yet once again I'm not sure how that's going to be developed. [21:12] **Commissioner Duncan:** The house she's going to move in is that brown house? [21:14] **Rody Theobald:** Correct. Right. It is Window-Schaefer's home that used to own all that acre. [21:18] **Commissioner Duncan:** She used to, correct. School teacher forever. Yeah, I walk by there every day in my rounds so it's just a disaster after the tornado came through with all the trees. It's so sad. [21:26] **Rody Theobald:** Well yeah, and I saw the little fence was taken down. [21:28] **Commissioner Duncan:** Okay, well that's... that was a lot of my concern is to make sure that you're aware that... [21:35] **Chairperson Brian Douglas:** Well what I'm seeing is we're going to do a split between Parcel A and Parcel B, correct? Which would be... at this point I see 60 but um we're going to add 10 more that goes to the west there into Parcel A from the proposed Parcel B to to make the 70 feet. [21:55] **Rody Theobald:** The most current survey that was forwarded to Diane is 70 feet of frontage to Middle Street and then 179.2 feet deep. [22:06] **Chairperson Brian Douglas:** Right, I see the deep but I I still don't... unless there's been an addition onto this Parcel A, I see a 10 foot there but it's not illustrated by the by the black line that goes north and south there. [22:20] **Rody Theobald:** I am not sure what you... is this the part we're looking at right here? [22:25] **Chairperson Brian Douglas:** Correct. This isn't a part of what you're proposing? [22:27] **Rody Theobald:** It is. The whole section is what I'm proposing is everything outside of Parcel A. Parcel A was lots one, two, and three. Correct? [22:38] **Chairperson Brian Douglas:** Right, but it also extends deeper into part of three? [22:42] **Rody Theobald:** Yes, but not the whole thing. It literally is frontage to Middle Street is 33.86 which is larger than the requirement 60 as we told, um, but is also that 135 deep to meet exactly what it needs. Um, and then the portion thereof is literally outside of that is the rest of that Parcel B which I would retain like I said. [23:20] **Jon Radermacher:** I think the the concern is, is the survey that you got in your packet... there was another one that was done after that since, or was going to be coming in, because it's been changed a few times. So the handwritten numbers there—the 70, the 44 and the 135—are real. But Dave Rapp had not, by the time the packets went out, had gotten the the last one. [23:48] **Rody Theobald:** The one that I was given? [23:49] **Jon Radermacher:** Yes. [23:50] **Rody Theobald:** Yeah, so that's a late comer. Yeah, that was last Wednesday or Thursday I believe that he finished that up. [24:00] **Chairperson Brian Douglas:** So what we're seeing, Neil, is that on the south half of the "L" it's going to be 44 wide and then on the north-south version about 179 and then 70 wide there. [24:14] **Rody Theobald:** Okay. Changed several times there. Well, we changed it. The number one reason why we changed it was to try to meet the requirement of that 60x135 that I was told initially when I worked with Diane. And then we looked at it a couple different ways, but the issue we had initially is that these parcels were overlaid as one, two, and three as you can see on there. And that was really never platted, that was just overlaid. That was just something that they had going out to the vacated Fourth Street and as you can see that wasn't even a legal scenario with one, two, and three. It was just something that was laid in there when they laid out the whole property. So when I purchased it, I had to get the area surveyed and that's when we realized that the lot needed to be the 135 deep. And I didn't stick with what initially was there because initially what I would have done is just kept an easement and then taken all of the the third lot. But you can't do that because it doesn't have frontage and you you run into some other issues with um front-to-back versus side-to-side, I guess, with your 60 by 135. So that's why all this came to be with multiple discussions with Diane and and Dave to try to make sure that it was going to be a legal lot. But once again as far as future building, that would still likely be dictated by what additional property, if any, is purchased or not. [26:10] **Chairperson Brian Douglas:** That's why you see the 135 on the left-hand side. That's the legal lot depth. [26:15] **Commissioner Christensen:** Yep. So I'm looking at the napkin sketch right now. It um, it shows next to that 135 a driveway and then a proposed 50-foot width of a development and then our 10-foot lot assessment. So this is where you planned on putting an additional home? [26:30] **Rody Theobald:** Like I said, absolutely in the preliminary stage depending on the the developer whoever might be coming in to do the rest of that project. And there's no guarantee tonight that any of that's happening, you know, but there's talk in it that at that point there may be... they may come in and buy me right out or they may... I may have an option to buy some of that. Like I said, it's too early to say. [27:00] **Commissioner Christensen:** Because judging by what I see here, you're going to have a lot of conditional use requirements with the easement on the west side, the five-foot variance to the backside of what at this point is Parcel A. [27:09] **Jon Radermacher:** Any other questions from the commission? So just to comment. Um, the sketch that we received today this morning, um, I don't think we should view that as valid. There's nothing that has been... no, that is... we were asking questions honestly. Okay. And anything that comes forward um in the future we would have to require it that to be done according to our code. Um, because this... the sketch, and I know that's it's just a sketch, there's a lot of um... there's a lot of variances, there's a there's a lot of stuff that don't fit. And uh, um, I don't want to... as staff I don't want to throw this thing as a recommendation forward. Um, the only thing that we're recommending is that it's a valid size lot for an R3 zone. The sketch came in today that uh says this is kind of what we're thinking and after review uh none of that stuff fits on this lot. And I just want to make sure and uh that all the Planning Commission knows that it's um, it's just a sketch and uh anything that comes in in the future needs to fit and be uh according to our zoning code. [28:40] **Chairperson Brian Douglas:** So Rody, tonight you're not asking for approval... I'm assuming you're just kind of finding out what's going on? [28:43] **Rody Theobald:** I have two legal lots according to your code. I'm asking you to approve it. [28:47] **Chairperson Brian Douglas:** Okay. [28:48] **Rody Theobald:** That's all I'm asking tonight. Because at this point I was asked to to do some slab-on-grade, the need in this community, and honestly I haven't made any sort of commitment. What commitment I've already made is I purchased this lot and I've worked with Diane to produce two legal lots, okay? And that's what I'm asking you to approve for me. [29:08] **Chairperson Brian Douglas:** It's tough to approve because I'm sitting here with a few different sketches and then on here things are handwritten in. [29:20] **Rody Theobald:** Um, I I can certainly hand you my... telling me I can't personally approve what I'm looking at. [29:29] **Jon Radermacher:** You have the final... [29:31] **Rody Theobald:** Yes, I have the final maybe. And it was forwarded to your office. I'm not sure why you don't have it but it was forwarded last Thursday morning. But either way I definitely have the final one if you'd like to see it. [29:43] **Commissioner Christensen:** But Jon, all we're looking at doing tonight is just approving one lot into two. We're not approving any other type of construction. [29:50] **Jon Radermacher:** Correct. [29:51] **Chairperson Brian Douglas:** You're talking about approving the 70 feet? [29:54] **Rody Theobald:** 70 plus the 44.9 along the backside. Correct. Parcel B? [30:00] **Chairperson Brian Douglas:** Yes. [30:01] **Rody Theobald:** There would be two parcels in this one parcel unit right now. It would be turned into two according to the survey drawn by Mr. W. [30:24] **Chairperson Brian Douglas:** I would have to admit I'm a little bit confused. We we're talking about this this lot and we're talking about taking and splitting off 70 feet of it? Correct? [30:38] **Commissioner Duncan:** This here? [30:39] **Chairperson Brian Douglas:** This is what I'm seeing this just as... [30:41] **Rody Theobald:** That is exactly 70 feet. [30:43] **Chairperson Brian Douglas:** Yeah, no, this is the new one. [30:45] **Commissioner Duncan:** So we want to go this L-shaped? [30:48] **Rody Theobald:** Yeah, that's one parcel. [31:09] **Jon Radermacher:** They're just asking us tonight to turn one parcel into two. [31:13] **Chairperson Brian Douglas:** Yeah, we shouldn't even be looking at this other... [31:16] **Jon Radermacher:** No, that was a discussion piece that between and somebody other than myself... that's not even mine but it was a discussion amongst several people that would constitute several public hearings and a few variances which we can... [31:36] **Rody Theobald:** The only reason I said what I did, Jon, that I don't have that honestly so that's why to me it's... all I'm trying to do is, like I said, in reality what I'm trying to do is get that lot a legal description so they can close on that home. [31:54] **Jon Radermacher:** Correct. Correct. I gotta... yeah, the rest will worry about later if it ever comes to pass. And like, it may end up turning into a road again, it may end up doing a lot of things depending on what the rest of that development does. And that's why to me to stand here and tell you what that's going to happen is still probably something you'll be approving down the road. [32:15] **Commissioner Duncan:** There's there's buildable lots directly to the south of uh lot 14 of them I believe. [32:20] **Rody Theobald:** Yeah, the way they're talking. I don't know if that's true or how that works, but like I said I don't... I'm not here on the behalf of them. That's still in the trust. [32:32] **Commissioner Duncan:** Potential a lot of lots back there certainly. [32:37] **Chairperson Brian Douglas:** Certainly. Well, I guess I don't have a problem with Parcel B as it originated. I don't understand why you're doing that additional because nothing's going to fit there. [32:46] **Rody Theobald:** But there wasn't a Parcel B initially that was honestly when this was first... [32:51] **Chairperson Brian Douglas:** It was all Parcel A? [32:52] **Rody Theobald:** Correct. [32:53] **Chairperson Brian Douglas:** I see. What we're proposing for the Parcel B that... yeah, the straight shot certainly. [32:58] **Rody Theobald:** And I don't know where that one came from or who had it or what, but it was... at the end of the day, this is what you're good with. Mr. Rapp had drawn up for us and honestly I was trying to get the the lot with the home on the smallest piece of property possible. Tax reasons, other reasons. But I'm not... I won't be surprised at all if this parcel ends up being part of the rest of the development or purchased otherwise. But either way, if it never came with the property I wouldn't have worried about it, but it came with the property and I'm trying to, like I said, get this taken care of for that reason. [33:46] **Chairperson Brian Douglas:** Like I say, I don't I don't have a problem with the uh splitting it into two lots so... yeah, just other stuff down the road that we got to be careful of. Would you like to form that as a motion, Mr. Duncan? [33:57] **Commissioner Duncan:** Well, I think we have according to what what was revealed to the city. I would uh... do we still use the same excuse me resolution? [34:11] **Jon Radermacher:** No. [34:12] **Commissioner Duncan:** Okay. I would make a motion to approve Resolution 2020-15. [34:20] **Commissioner Christensen:** I'll second it. [34:21] **Chairperson Brian Douglas:** Motion's been made and seconded. All in favor? (Chorus of Ayes). Opposed? Thank you. That concludes. Any other discussion by the commission? [34:40] **Commissioner Christensen:** Motion to adjourn. [34:42] **Commissioner Duncan:** Move. [34:43] **Chairperson Brian Douglas:** All in favor? (Chorus of Ayes). Opposed? (None). [34:51] (Music ends)