Based on the context provided and the roles within the Lake Elmo Planning Commission (specifically the June 10, 2024 meeting), here is the transcribed text with speaker names and approximate timestamps. **Cast:** * **Ray Kamp:** Planning Commission Chair * **John Syle:** Commissioner * **Woll (transcribed as "re" or "will"):** Commissioner * **Buell (transcribed as "buig" or "bull"):** Commissioner * **Sophia Jensen:** City Planner (Staff) * **Matthew Byers:** Architect (representing the applicant) *** **[00:00] Chair Ray Kamp:** All right, let’s go ahead and call to order the city of Lake Elmo Planning Commission meeting for Monday, June 10th, 2024. Uh, first item is to please rise for the Pledge of Allegiance. **(All):** I pledge allegiance to the flag of the United States of America and to the Republic for which it stands, one nation under God, indivisible, with liberty and justice for all. **[00:32] Chair Ray Kamp:** Thank you very much. Uh, second item is to approve this evening's agenda which includes approval of our minutes, a single public hearing, as well as communication updates. **[00:46] Commissioner John Syle:** Move to approve the agenda for June 10th, 2024. **[00:49] Commissioner Woll:** Second. **[00:50] Chair Ray Kamp:** Uh, motion by Commissioner Syle, seconded by Commissioner Woll to approve uh, this evening’s agenda. All in favor please say "I." **(All):** I. **[00:58] Chair Ray Kamp:** Opposed? Hearing none, motion passes unanimously. Third item is to approve the minutes from the previous meeting of May 13th, 2024. Any edits, comments, clarifications? Entertain a motion for approval. **[01:13] Commissioner Woll:** Motion to approve the minutes of May 13th, 2024. **[01:17] Commissioner Buell:** Second. **[01:18] Chair Ray Kamp:** Motion uh, by Commissioner Woll, second by Commissioner Buell to approve the minutes for May 13, 2024. All in favor please say "I." **(All):** I. **[01:28] Chair Ray Kamp:** Opposed? Hearing none, the motion passes unanimously. Uh, we’ll now move on to item four which is our public hearing. Uh, this is a single variance for 8286 Hidden Bay Court. We’ll hear from City staff before the applicant and uh, open for a public hearing. **[01:45] Sophia Jensen (City Planner):** Thank you, Mr. Chair. The applicant for tonight's application is Jeff and Judy Otto. They own the property at 8286 Hidden Bay Court. The property is currently zoned Rural Single Family with a Shoreland overlay and guided in the city's comp plan as Rural Single Family. A little history on this: this property actually came forward with three variance requests in 2023 to rebuild a new home and septic system. Um, staff recommended denial of the home-related variances for the high water level setback and impervious surface. Planning Commission also recommended denial of those two. Um, they withdrew those two requests and only moved forward with the septic variance which was approved in 2023. Um, then before you tonight is a variance for a new home at the same setback distance as the current home, which is a deviation from table 17-3 of the city Shoreland overlay code. So I have a table before you that outlines what their request is. So city code requires a 100-foot setback from the ordinary high water level mark. The current home is at 47.2 and with this new home, they're proposing the exact same distance at 47.2 feet. And then I have some renderings and visuals for you. The left side illustrates the furthest most point to the ordinary high water mark for both the existing and proposed layout. And then I have the top photo of the current site conditions; the bottom photo would be the proposed elevation view of the new house. And then staff has reviewed this request against the four variance criteria. Staff finds that they have met the practical difficulties requirement. A single-family house is consistent with the zoning district. With this request, they're also reducing the site's overall impervious surface to meet city code requirements. The site is currently at 18—a little over 18% impervious surface. They're now bringing it down to 15%. The applicant has met unique circumstances. The ordinary high water level setback and zoning district setbacks significantly limit the buildable area on this property. Staff finds the site revisions made from the previous requests better meet the intent of the Shoreland overlay code and the applicants are not proposing to encroach any further than the existing home. They also do meet character of locality since this would be the same setback, character should not be impacted, and then this should not increase congestion on a public street or negatively impair property values. A public hearing was sent to surrounding property owners on May 29th and published in the local paper on May 31st. Staff did receive one public comment in support of the variance request and this application was sent out for agency review on May 10th. We only received comments back from the Watershed District regarding that 35-foot wide buffer strip, which is one of their standards. Um, that 35-foot wide buffer strip was included in their variance that was approved last year so um, we wouldn't be "double-dipping," that has been taken care of. Staff is recommending three conditions of approval: the first is outlining what the variance request is for, the second is ensuring that all necessary permits are obtained, and the third is the 12-month expiration. And then I have a recommended motion for you. I can stand for any questions and we do have the applicant and their architect here tonight. **[04:12] Chair Ray Kamp:** Perfect. Thank you. Uh, questions? Commissioner Syle? **[04:15] Commissioner John Syle:** So is this currently a legal non-conforming, currently the house? **[04:20] Sophia Jensen (City Planner):** Correct. **[04:21] Commissioner John Syle:** And so the structure is going to remain exactly the same? So there is no changes... I mean, not the structure is not going to stay the same, but the variance from the lake is going to all stay the same? **[04:32] Sophia Jensen (City Planner):** Okay. **[04:33] Commissioner John Syle:** I know we haven't heard anything from the DNR but I would think they would be okay with that because it would keep everything pretty much the same. **[04:40] Sophia Jensen (City Planner):** So they did provide comments on the first batch um, last year and they had some criticism. This time they didn't provide anything so it's—it's hard to say. **[04:50] Commissioner John Syle:** Good. Thank you. **[04:51] Chair Ray Kamp:** Additional questions? Perfect thanks. Uh, does the applicant wish to come up and speak? And if you remember, just name and address for the record please. **[05:08] Matthew Byers (Architect):** Yes, my name is Matthew Byers. I'm the architect speaking on behalf of Judy and Jeff Otto. Uh, our address is 1229 Tyler Street Northeast in Minneapolis. And I just appreciate the uh, the uh, due diligence of uh, um planner Sophia Jensen and I'm happy to take any questions. Uh, as uh Miss Jensen did say, we came before the Planning Commission last year with two additional variances that we are now no longer applying for and so in essence uh, we are essentially asking to replace the home in substantially the same spot, getting no closer to the lake. We have reduced the uh site coverage so that we are not requesting a variance there; it's actually reducing the site coverage from what it is now and bettering that aspect of the property. Um, and I think it's a uh a great—it would be a great addition to the neighborhood. So I'd be happy to answer any questions that you might have. **[06:12] Chair Ray Kamp:** Uh, and it looks like in the one note from the neighbor there, you already had connected based off their initial concerns—it looks like Doug Huntley? **[06:20] Matthew Byers (Architect):** That's right. Yeah, Mr. Huntley and I spoke last week. Uh, he raised some concerns just about the excess water coming off the driveway given the fact the driveway is sloping back down at the front of the property. Um, I did note that we are engaged with a civil engineer to get at least to this point to say "yes, the variance is approved to rebuild where we're currently at," and at that time then we will engage the civil engineer to work on that specific process. And I suggested a number of options uh that would help to alleviate that situation. It's a very small surface area that would be draining towards the front of the property as it is now. **[06:31] Chair Ray Kamp:** Perfect. Thank you. Do we have additional questions for Matthew? I don't. Perfect, easy enough. Thank you, Matthew. Appreciate it. All right, at this point we’ll go back to the Commissioners. This is a public hearing, so we’ll need to entertain a motion to open. **[06:33] Commissioner John Syle:** Move to open the public hearing. **[06:35] Commissioner Woll:** Second. **[06:36] Chair Ray Kamp:** Motion by Commissioner Syle, second by Commissioner Woll to open the public hearing. All those in favor please say "I." **(All):** I. **[06:40] Chair Ray Kamp:** Opposed? Hearing none, motion passes unanimously and the public hearing is now open at 6:38 p.m. Again, we had just the one comment, is that correct? **[06:50] Sophia Jensen (City Planner):** Correct. **[06:51] Chair Ray Kamp:** From the Huntleys, which was in support of this. Does anybody else in the audience wish to speak? Perfect. Uh, with nobody else coming forward for comment, uh, we will need to entertain a motion to close the public hearing. **[07:05] Commissioner Buell:** I move to close the public hearing. **[07:07] Commissioner John Syle:** Second. **[07:08] Chair Ray Kamp:** Uh, motion by Commissioner Buell, second by Commissioner Syle to close the public hearing. All those in favor please say "I." **(All):** I. **[07:15] Chair Ray Kamp:** Opposed? Hearing none, motion passes unanimously. The public hearing is now closed at 6:38 p.m. Uh, at this point it's back to the Commissioners. We do have a recommendation there on screen uh to entertain one way or the other. **[07:31] Commissioner Woll:** I move to recommend approval of the request with conditions from Jeff and Judy Otto for a variance to allow a reduced structure setback of 47.2 ft from the ordinary high water level for the property located at 8286 Hidden Bay Court based on the findings listed in the staff report. **[07:54] Chair Ray Kamp:** We have a motion by Commissioner Woll. Do we have a second? **[07:57] Commissioner John Syle:** Second. **[07:58] Chair Ray Kamp:** Seconded by Commissioner Syle. Uh, at this point we’ll go to discussion. **[08:02] Commissioner Buell:** Um, I appreciate you going back to the drawing board. Um, the impervious surface I remember was um a concern, and so thank you for going back to the drawing board and giving it a whirl. **[08:15] Commissioner Woll:** Yeah, I would echo Commissioner Buell's sentiments. Um, it's not an easy piece of property at all and so great job and especially reducing the impervious surface. It’s not getting any closer to the lake, there’s really nowhere else to build it, and so if it's staying in the same spot with less impervious surface, I think it’s a win all around. So I’m for it. **[08:40] Chair Ray Kamp:** Yep. Easy to—to echo those same comments. Also appreciate reaching out. I think we see uh a greater buildup of community when we’re reaching out talking with—with neighbors and addressing concerns and um doing what we can to make an odd piece of parcel work—work for everybody. Um, so I am in support of the uh recommendation as well. Any additional comments? All right. Uh, again then uh the motion on the table is to recommend approval of the request. All those in favor please say "I." **(All):** I. **[09:12] Chair Ray Kamp:** Opposed? Hearing none, uh the motion passes unanimously and this will now be set to City Council on next week, June 18th. **[09:20] Sophia Jensen (City Planner):** Next week, June 18th. **[09:21] Chair Ray Kamp:** Perfect. Thank you very much. Thank you. Um, and you all are welcome to—to stay, you're welcome to leave, totally up to you. Uh, pull agenda back up. Uh, so that was—concludes item four, our public hearings for this evening. Uh, no item five for the new and unfinished business. Uh, just looks like a couple of communication updates so back to Sophia. **[09:45] Sophia Jensen (City Planner):** Yep. At the May 21st City Council meeting, the City Council approved the Planning Commission start time, which was affecting today as you're all aware. The meetings now start at 6:30. Uh, At Home Apartments Final Plat was approved, Bridgewater Village Final Plat and Zoning Text Amendment for the bank parking—those were both approved. And then the Birches and Haven Zoning Text Amendment denial resolution was uh formally approved at that meeting as well. Upcoming meetings: June 24th, that one is tentatively canceled. They send the cancellation notice out uh next week, I believe. And then July 8th is still on. **[10:30] Chair Ray Kamp:** Perfect. Do we have any questions or any outlying issues? Perfect. With that we’ve reached the end of our agenda for this evening. Uh, short and sweet but always again appreciate everybody coming out. Staff staying uh late with us as well. And with that, uh we will go ahead and close the Planning Commission meeting at 6:42 p.m. Thank you everybody. **[12:00] [End of Transcript]**