[music] Heat. Heat. [music] [music] >> [music] [music] [music] >> Good evening. Welcome to the December 4th, 2025 meeting of the Minnotonka Planning Commission. The commission generally meets twice a month, always on a Thursday. The schedule and tentative meeting agendas can be obtained by calling the planning division or by checking the city website at minnotonkamn.gov. The commission holds public hearings on land use applications. For all land use applications, the city notifies properties within at least property owners within at least 400 ft of the site and posts plans and information on the website. For some applications, the city also places signs on the properties and notices in the Sun Sailor newspaper. From a specific process standpoint, the commission makes a recommendations to the city council on resonings, subdivisions, conditional use permits, and amendments to the city's comprehensive guide plan, zoning ordinance, and subdivision regulations. We also make final decisions on site plans, signage requests, variance requests, and expansion permits unless those are part of an application that require city council. In that case, we make a recommendation and council will make the final decision. Anyone dissatisfied with a final planning commission decision may appeal to the city council by submitting a written request to city staff within 10 days of this meeting. From a broader standpoint, the city's comprehensive guide plan, zoning ordinance, and subdivision regulations are the city's best efforts to codify a balance between individual rights and community responsibilities. Individual rights are easy to understand, but community responsibilities are more subtle. The idea is that we as members of the community agree to limit our individual rights for the common good of the group. The planning division, the planning commission, and the city council are charged with managing this sometimes difficult balancing act. We ask you keep this broader perspective in mind as we review tonight's applications. Again, welcome staff. Will you please please call roll? >> Waterman >> here. >> Banks >> here. >> Brink, he's absent. Hansen >> here. >> Henry >> here. >> Minion >> here. >> Maxwell >> here. And there are six of us tonight. Um, next item on the agenda is approval of the agenda. And I I see a change memo here. Miss Thomas, would you >> Yes, Chair Maxwell. We did have additional comments in support of both the consent agenda and non-consent agenda item. Uh, that's what's in the change memo before you this evening. >> Uh, thank you. May I have a motion to approve the agenda considering the change memo? >> I'll make the motion to approve. >> Motion Banks. >> I'll second. >> Uh second, Henry. All those in favor say I. >> I. >> I. >> Opposed? All right. Motion carries. Uh next is approval of the minutes from the November 20th, 2025 uh meeting. Any changes to those minutes? No. All right. May I have a motion to approve? I can make that motion. >> Uh motion Hansen. >> I'll second. >> Second. Waterman. All those in favor say I. >> I. I. >> Motion carries. All right. Um next is report from staff. Uh Chair Maxwell, commissioners, this is usually when I tell you what happened at the city council meeting uh since your last planning commission meeting. And though there was a meeting of the city council uh last Monday, there was no planning commission items uh on that agenda. So nothing to report from there. Uh Miss Wishnack does have some information about a upcoming uh get together. >> Thank you Susan. Um chair and commissioners, we do have the uh going away festivities for the mayor which will take place on Tuesday, December 16th. And I'll remember to send this to you, but for now you can just mark your calendars. December 16th, 3:00 to 5:00 in the downstairs uh area, the dining room and banquet room uh as you come into city the community center. So, we would love to have you if you're available at those times and uh give our mayor a send off. So, thank you, chair. My only other announcement this evening is that your next meeting uh the last meeting of the year is December the 18th. We do have one item currently scheduled for that agenda, but I will keep you up to date on uh that. And if you um feel that you will not if you know that you will not be able to attend, if you could just uh let me know about a week ahead of time if if it's something that you know. Thanks. Thank you. All right. Next item on our agenda is item six, report from planning commissioners. Does anybody have anything to report this week? No. All right. Moving right along. Next is the consent agenda. We have one item on this agenda. Uh staff places items here that are routine. So there will be no applications m or no presentations made by the staff or by the applicant. We'll hold a public hearing. Um and then we will approve all items on the consent agenda unless somebody from the public or the commission wants to pull the item and have a larger discussion on that item. So I will now open the public hearing. And this item is 7A. We only have one 7A front yard setback variance for a garage at 4241 Winchester Court. Does anybody from the commission uh want to pull this item and have a bigger discussion? Anyone from the audience want to pull this discussion just for a wider discussion? All right. In that case, uh may I have a motion to approve the items on the consent agenda? >> I'll make the motion. >> Motion. Minion. >> A second. >> Second. Banks. Uh staff, will you please pull the commission? >> Waterman? >> Yes. >> Banks? >> Yes. >> Hansen? >> Yes. >> Henry? >> Yes. >> Minion? >> Yes. >> Chair Maxwell? >> Yes. Uh motion carries. This is a final decision subject to appeal. If anyone wants to appeal the decision, you must provide a written request to the city staff within 10 days of this meeting. Good luck with your project. All right. Next item on the agenda is the non-consent agenda. So before we begin consideration of this, we have one item here. I'd like to review the steps in the process and the public hearing procedure. First, uh staff will give a report on it. The commission will then ask staff any questions. Then the applicant will be invited forward to give any sort of presentation and then the commission can ask questions of that applicant. Uh at that point then we'll open a public hearing. Anybody from the um public can come up and give comments or questions. If you wish to speak, come to the podium, state your name and your address uh for the record. Keep your comments brief. Please try not to repeat things that have already been said. Once everyone has spoken, you can come back up again if you there's something that you forgot. Uh and then address your questions or comments to to me. And then if it's a question for the applicant or um for the staff, we will get all those questions answered at the end of the uh public hearing. All right, the first item uh the only item on the non-conent agenda is item AA, a rear yard setback variance for a garage at 15020 Tammer Lane. We are ready for the staff presentation. >> Chair Maxwell, I'll be doing that this evening for Miss Rooney who is not able to be here. Um, as you noted, this is a uh recommendation from city staff that the commission approve a rear yard setback variance for this garage edition. This project does need uh five affirmative votes to be approved. Tamar Lane, uh, if you're not familiar with it, is located uh in the northwest quadrant of the city uh near the 39494 interchange. The property is just over a half acre in size and uh situated really at the end of that Tamarlane culde-sac. A house was built on the property in 1983 and it has a significantly large uh front yard setback. It's about 90 ft from front property line to front uh building line which is three times our minimum uh requirement. The current owner is proposing to add a twostory addition to the north side of the home shown here in yellow on these two diagrams. The 20x4t space would be occupied on the first floor by a garage area and then the second floor uh owner bedroom, bath and laundry space. It does require a rear yard setback variance from a required 37 ft to 26 ft. As you noted in your written report, staff uh supports the variance. We believe it meets the three primary findings uh for what are called practical difficulties. First, we believe it's reasonable. The addition would be over 85 ft from the closest structure. The addition is shown generally in yellow on uh this aerial photograph and as you can see separated from surrounding homes by that significant uh linear distance but then also vegetation. We find that the setback variance is influenced by a unique circumstance. shown on this diagram is a storm sewer easement um at an odd angle uh significant throughout the the property from front property line to rear property line. The proposed addition cannot therefore be shifted forward um closer to meeting that setback from the rear yard because of that easement. And then finally, we feel this is reasonable because again because of that separation and the uh plantings existing, there is a little impact on the surrounding uh properties or um buildings. So based on uh those three findings, staff is recommending that the planning commission again adopt the resolution approving the setback variance. With that, I would turn it back to the chair. Uh, thanks, Miss Thomas. Does anybody on the commission have questions for staff? Commissioner Minion, I should ask this earlier so you could prepare. Um, when I look at the pool equipment typical, and I'm going to be purposely vague because I feel like I'm putting you in a corner, but would you say that pool equipment was within, if you scale it off by eye, is within, say, 15 ft of the property line. Is that would that be an acceptable assumption? >> Yeah, I would say that the pool equipment in the far if if we're talking about this, that would probably be within about seven feet of of the property line. >> And and as I look at it, I'm seeing the actual pool structure is already closer to the property line as well. Is that be correct? >> Correct. >> Okay. Thank you. >> Other questions for staff? >> Uh, Commissioner Henry. H thanks chair. Is there any limitations for the homeowner about having a driveway over the utility easement? >> Chair and Commissioner Henry, there is not a um restriction on driveway improvements within easements. Um having said that, uh owner puts in an improvement such as that or for instance a fence. We see fences and easements uh quite frequently. An owner does that at their own risk. If the city needs to access that easement, that pipe in that easement, the city would be within our rights to um remove that improvement. >> Thank you. And then just another procedural thing in the in the reasonleness part of the write up mentioned that the let's see [clears throat] the current two stall garage is undersized for modern vehicles and doesn't provide adequate space for storage or functionality of today's single family residences. Does that mean that in city's policy that all single family homes a three-car garage is reasonable or is this more on a case-byase basis? How did the city come up to that that conclusion in this case and in general? >> Yeah. Chair Maxwell and and Commissioner Henry, the planning commission, you all actually have a a written policy that says a twocar or more garage is reasonable use of a property. A standard twocar garage is 24 ft x 24 ft. So this is a 22x 24. So it is slightly unders sized. Now um that does not suggest that the planning commission must approve variances for threecar garages or fourcar garages. You're simply in your policy saying what you believe is a a reasonable starting point. uh essentially and every variance as you know is looked at uniquely. >> That was the source of my question because without that two-car garage that's the it's the foundation. It's the beginning of what we think is reasonable. This car this garage is a two-car garage. But is the wording in the writeup because it's 2 feet smaller in one dimension than what the standard two-car garage would be? >> Correct. >> Thank you, >> Commissioner Banks. Thanks, chair. Um, just one question. [clears throat] Um, this structure is being labeled as a garage. Um, but it's two stories um with the intent of looks like living space. Um, I saw bedroom closets um and other uh rooms on that second level. So, why would this not be considered a accessory ADU? Uh, Chair Maxwell and Commissioner Banks, I apologize. I don't have a um a diagram. I don't think a floor plan in the presentation. You are correct. And we probably should have not called it a garage in the write up, but maybe an addition, just an addition would have been uh better. It is garage space. And then above is the bedroom and bath. There's not actually cooking space in this new addition. And to be considered an accessory dwelling unit, there has to be three things. A place to sleep, a place for sanitation, and a place to cook. So, a bathroom, bedroom, and some type of kitchenet. So, that's why we wouldn't consider this an ADU. >> Okay. Thank you. Thanks for getting the words out. >> All right. It looks like the commission's done with questions. So at this point I'll invite the applicant or applicants representative up to give any sort of presentation or comments and to take questions from the commission. We don't have any questions. Do you have questions for us? >> Okay. So it looks like the uh applicant does not have a presentation. Does anybody on the commission have questions for the applicant that would require them to come up to the podium? No. All right. We'll skip that step for now. If in the public hearing there are questions that come up, I may call you up at a later time. All right. Uh, so at this point, I will open the public hearing. Anybody who'd like to come up and give any comments or ask questions on this item, come up to the podium and state your name and your address for the record, please. All right. All right, I see a lot of people, but no one's moving. All right, looks like nobody wants to speak, so I will close the public hearing and we will now bring it back to the commission for uh any final questions. Um or I'd say we can probably take comments at this stage as well. Who'd like to go first? Commissioner Waterman. Uh thanks chair and always uh uh good to see uh proposals to improve houses in the community. I think this one looks good. I'm supportive of the variance for all the reasons that the staff listed um about the practical difficulty that is unique to this property, wouldn't impact neighboring structures, and it really just doesn't have an impact on the uh the closest structure being 85 ft away. So really nothing nothing more to add in support of this one. Thanks, Commissioner Waterman. Who's next? Commissioner Henry. >> In 1983, I think they should have built this originally. It would have fit a lot better with the with the flow of the house. It's a beautiful modern house. The garage is going to add to it. I'm in full support of it for the reasons Commissioner Waterman stated and what the city's rationale was. I'm in complete agreement with that, too. So, it's also good to see support from the community here, too. So, thanks everybody for coming out to support your neighbors. >> Commissioner Minion, >> I like it. Uh, we often use the words like unique uh when we look at things like this. I don't want to always be pushing the boundaries and pushing the rules, but we have a rectangular structure in a semi- triangular lot with some obstacles in existing easements. And I'm very much in favor of doing this. I think the uh I think the aesthetic of the home will be uh uh really complemented and and the neighbor will be complimented by this addition. And um seeing that there's already things that are much closer than the 26.8 ft within that property boundary, it's a pretty easy yes. So, good luck. No more comments. All right, it looks like uh we might be ready for a motion. Um, do I have a motion to uh, at this point it would be to adopt the resolution approving the rear yard setback variance of four garage at 15020 Tamar Lane. >> I'll make that motion. >> Motion Hansen. >> I'll second the motion. >> Second, Henry. Uh, staff, please poll commission. >> Waterman, >> yes. >> Banks, >> yes. >> Hansen, >> yes. >> Henry, >> yes. >> Minion, >> yes. Chair Maxwell. >> Yes. Uh the motion carries. Um [snorts] if anyone would like to appeal um this is not a final decision. This is a final decision. If anybody would like to appeal the decision, you must write uh to the staff within 10 days of this meeting. Good luck with your project. All right. Uh next item. Uh other business. We have nothing for other business and so we are moving on to >> I don't have a slide for your last item. >> Okay. Our last item is adjournment. Do I have a motion to adjurnn? >> I'll make that motion. >> Motion Hansen. >> I'll second. >> Second. Banks. All those in favor say I. >> I. I. >> I. We are adjourned. Good night. >> [music] [music]