Red Wing Advisory Planning CommissionRegular Meeting via Video Conference

November 17, 2020

Commissioners Present: Chair Sue Guerber, Commissioners Kate Eiynck; Marilyn

Meinke, Bonnie Blomquist, Justin Burke, George Hintz, and Steve Setzer (joined at

7: 12 p. m.)

Commissioners Absent: All members were in attendance

Others Present: Steve Kohn, Planning Manager / Staff Liaison; Dan Rogness,

Community Development Director; Erin Buss, Council Liaison

1. Call to Order

Chair Guerber called the meeting to order at 7: 00 p. m.

2. Motion to Excuse Absent Commission Members

A motion was made by Commissioner Eiynck, seconded by Commissioner Meinkeand unanimously carried, to excuse the absence of Commissioner Setzer, whojoined the virtual meeting late.

3. Approve Agenda

A motion was made by Commissioner Eiynck, seconded by Commissioner Hintz andunanimously carried, to approve the agenda as presented.

4. Public Comment Period

Chair Guerber reviewed the public comment procedure for a virtual meeting. No one

spoke regarding matters not listed on the agenda. Planning Manager Kohn statedthat he received no public comments via phone or email regarding matters not listedon the agenda.

5. Approve Minutes of the October 20, 2020, Planning Commission Meeting

A motion was made by Commissioner Meinke, seconded by CommissionerBlomquist and unanimously carried, to approve the meeting minutes as drafted.

6. Public Hearing: Red Wing Sportsmen' s Club Zoning Appeal Regarding aDecision by the Zoning Administrator that a Recently Erected Shed is

Considered an Expansion of a Non -Conforming Use

Community Development Director Rogness provided background information. He

stated that an appeal process is permitted by the Zoning Code. He stated that a

representative of the Sportsmen' s Club inquired with regard to whether a buildingpermit was required; and the representative was informed that a building permit wasnot required, as the proposed shed was under the minimum size requirement. He

noted that no information was shared by the Building staff with regard to checking onany possible zoning restrictions.

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Director Rogness stated that Zoning staff was made aware of the building structure, and it was confirmed with the City Attorney that this property is a non -conforminguse. He stated that the zoning standards do not allow expansion of a non- conforming use, including additional structures.

Director Rogness stated that a Sportsmen' s Club representative was informed that

the structure must be removed. He reiterated that there is an appeal option and

outlined this process.

Director Rogness summarized information contained in the staff report. He stated

that there has been reference to a variance, noting that a variance is not an option atthis point.

Director Rogness stated that written comments have been received relating to thisitem, which he will reference during the Public Hearing.

Commissioner Meinke requested clarification that the Advisory PlanningCommission is being asked to provide a recommendation to the City Council andthat the ultimate decision will be made by the City Council. Director Rogness

affirmed that the City Council will serve as the official zoning board of appeal for thismatter.

Commissioner Eiynck stated that Minnesota law is very clear about non -conforminguses and what constitutes expansion of a non -conforming use. She stated her

opinion that the correct decision was made by the Zoning Administrator. She stated

that the applicant could perhaps consider requesting a Zoning Code amendmentthat would allow the current use and therefore the accessory structure.

Director Rogness stated that if the current appeal is not successful, a ZoningOrdinance amendment request could potentially be considered. Commissioner

Eiynck expressed agreement that a Zoning Ordinance amendment request wouldrequire very stringent consideration.

Chair Guerber reviewed the Public Hearing procedure and opened the PublicHearing for this item at 7: 12 p. m.

Holly Hanson, Red Wing, introduced herself as the Executive Director of BluffCountry Biathlon. She commented that the Red Wing Sportsmen' s Club wentthrough the proper channels in terms of asking whether a building permit wasneeded for the shed and was unaware that Zoning staff should be involved. She

reviewed the mission of Bluff Country Biathlon in terms of youth programming. She

stated that the Red Wing Sportsmen' s Club has allowed this group to practice andtrain at their facility. She noted that the purpose of the shed is to store and separate

equipment needed by Bluff Country Biathlon. She referenced Red Wing' s history ofski- jumping.

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Mark Torresani introduced himself as the Regional Coordinator of the United States

Biathlon Association. He spoke in support of Bluff Country Biathlon, stating thatpractice venues are critical to the program' s success.

Thomas Lidahl discussed his participation in the Bluff Country Biathlon program andreviewed the benefits of practicing at the Red Wing Sportsmen' s Club range. He

stated that the shed has allowed all of the equipment to be stored safely. He noted

that Bluff Country Biathlon is the only such program in southern Minnesota.

Audrey Lahammer, Red Wing, discussed the benefits she has received from herparticipation in the Bluff Country Biathlon program. She discussed her goal to make

it onto the national biathlon team and eventually qualify for the Olympics. She

commented that the closest biathlon range outside of Red Wing is located in ElkRiver, Minnesota, a nearly two- hour drive away.

Ernie Stone, Red Wing, commented regarding the miscommunication that occurredin connection with the shed. He described the various ways that the Red WingSportsmen' s Club contributes to the community.

Scott Doig, Red Wing, referenced his written comments and spoke in opposition tothe appeal. He stated that the Red Wing Sportsmen' s Club has not been a goodneighbor and has continually upgraded its non -conforming activity.

No one else spoke during the Public Hearing. Director Rogness referenced

additional written comments received from LaVone Kay, William Eichenlaub, andKevin Vacura.

A motion was made by Commissioner Eiynck, seconded by Commissioner Hintz andunanimously carried, to close the Public Hearing. The Public Hearing was closed at7: 32 p. m.

Chair Guerber stated that the Advisory Planning Commission is being asked toprovide an opinion with regard to whether the shed expands the non -conforminguse. She commented that staff has indicated that there is no specific criteria listed in

the Zoning Ordinance with regard to this. She noted that the decision should be

based on the information and testimony provided, adding that specific items shouldbe listed to support the Commission' s recommendation.

Commissioner Blomquist requested clarification of Mr. Doig' s comment that the RedWing Sportsmen' s Club has not been a good neighbor. She stated that she lives

within walking distance of the gun range and has had no concerns. She stated that

the shed does not appear to be a problem in terms of its location on the property. She referenced information indicating that the shed will help to mediate some of thenoise. She stated that, although the gun range has not been well accepted by somemembers of the community, it serves an importance purpose and has existed for along time.

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Chair Guerber asked Mr. Doig to reiterate his objections. Mr. Doig stated hisunderstanding that the Red Wing Sportsmen' s Club is required to meet certainperformance standards as a non -conforming activity. He stated that the gun range

has not fulfilled its obligations in terms of lead recapture or noise mitigation. He

added that improvements were made to the facility after it was deemed to be a non- conforming use. He also expressed concerns about the hours of operation.

Commissioner Eiynck stated that comments were made on both sides of this issue.

She reiterated her opinion that the shed represents an expansion of a non-

conforming use, which is not allowed by the Zoning Code. She stated that she is

supportive of youth activities and inclusivity and is sympathetic to the plight of theapplicant. She referenced her earlier comments about a possible alternative path

that could be pursued in terms of requesting rezoning or a Zoning Ordinanceamendment.

Commissioner Burke requested clarification of the miscommunication that occurred

with City staff. Director Rogness reviewed the process, including discussions aboutpermits and zoning. He stated that the applicant had a discussion with the Buildingstaff about a building permit but that there was no discussion about zoningrequirements. He stated that the applicant was told that a building permit was notrequired. Director Rogness commented the building permit process will often triggeradditional discussion with regard to zoning requirements. Responsibilities in terms

of zoning requirements were discussed.

Council Liaison Buss asked whether the applicant is aware that expanding the gunrange is not allowed. Director Rogness stated his understanding that the applicantis aware that the facility is operating as a non -conforming use. He noted that the

applicant may not have been aware that adding the shed resulted in expansion ofthe non -conforming use.

Commissioner Blomquist stated her opinion that the Red Wing Sportsmen' s Clubacted in good faith. She suggested finding a way to allow the property uses tocontinue. Chair Guerber expressed agreement that the property owner acted ingood faith.

Commissioner Meinke commented that the statute is clear in terms of not allowingthe expansion of a non -conforming use. She also expressed agreement with the

contributions made by the Red Wing Sportsmen' s Club to the community. She

suggested that the City Council explore potential remedies for this situation.

Commissioner Eiynck referenced the comments made during the Public Hearingwith regard to lead recapture and noise mitigation. She noted that Minnesota law

does not specifically define the term " expansion."

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Commissioner Meinke commented that the City Attorney could potentially addressthe statute question for the City Council.

Chair Guerber cited language from Minnesota Statute 462. 357, sub 1 e. She noted

that repair, replacement, restoration, maintenance, or improvement is allowed under

the law, but not expansion. She stated that she considers the shed to be an

improvement, as opposed to an expansion, and provided rationale for this position.

She stated that comments in opposition to appealing the decision have related to theuse and not to the shed.

A motion was made by Chair Guerber to recommend that the appeal of the ZoningAdministrator' s decision related to a non -conforming use be confirmed as it relatesto the storage shed structure erected at the Red Wing Sportsmen' s Club range at966 Hallstrom Drive. The motion was seconded by Commissioner Hintz. A roll callvote was conducted. Commissioners Burke, Guerber, Meinke, Blomquist, Hintz, and

Setzer voted aye; Commission Eiynck voted nay. Six ayes; one nay; motion carried.

7. Public Hearing: Conditional Use Permit Request by the City of Red Wing toAllow a Duplex Use in the Friedrich Building / Old City Hospital at 1176 OakStreet and to Allow a Minor Subdivision / Final Plat of the City -Owned Propertyin the VicinityDirector Rogness provided background information and referenced past discussion

of this property. He stated that the proposal to rezone the property as Civic wasapproved by the City Council. He referenced an agreement with Suzanne Blue to

redevelop the property. He noted that the next steps include actions related to the

CUP request and the platting of the property. He reviewed a site plan of the project.

He referenced suggested conditions of approval. He stated that the proposed use is

supported by the Comprehensive Plan and meets parking standards. He discussed

access to the property. He reviewed the proposed plat and pointed out the lot to be

conveyed to Suzanne Blue.

Chair Guerber reviewed the Public Hearing procedure and opened the PublicHearing for this item at 8: 12 p. m. No one spoke during the Public Hearing. Director

Rogness reported that no written comments were received, noting that questionswere answered. Manager Kohn reviewed a question and answer related to the

dedication of a park. A motion was made by Commissioner Meinke, seconded byCommissioner Eiynck and unanimously carried, to close the Public Hearing. The

Public Hearing was closed at 8: 13 p. m.

Chair Guerber reviewed the actions being requested by the Advisory PlanningCommission. Director Rogness noted that staff is still reviewing drainage and utilityeasements that are likely to be added to the plat.

Commissioners Meinke, Burke, and Eiynck spoke in favor of the project.

Commissioner Eiynck suggested including a wider view of the area in the future.

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Commissioner Setzer asked whether more detailed plans will be provided for review.

Manager Kohn stated that the exterior appearance of the historic structure will not be

significantly altered. He noted that the layout is being designed by an architect withexperience in this area and will blend in nicely with the historic building.

A motion was made by Commissioner Eiynck to recommend approval of theConditional Use Permit for a duplex in the Friedrich Building at 1176 Oak Street andrecommend approval of a Minor Subdivision / Final Plat to be known as the

HISTORY CENTER CAMPUS, subject to staff's inclusion prior to final approval bythe City Council of any appropriate drainage and utility easements. The motion was

seconded by Commissioner Blomquist. Upon call of the roll, Commissioners Burke,

Eiynck, Guerber, Meinke, Blomquist, Hintz, and Setzer voted aye; no nay. Seven

ayes; no nay; motion carried.

8. Public Hearing: Variance Request by Susan and Randy Wedrickas to Allow aDetached Accessory Building at 5536 Cannondale Court that would Exceed

R- 1 Regulations for Garage Door Height and Building HeightManager Kohn provided background information. He noted that variances would be

required for the detached accessory building in terms of the proposed garage doorheight and accessory building height, in order to accommodate the storage of amotor home by the prospective buyers. He reviewed a site plan for the proposed

home and detached accessory building. He discussed the potential impacts of

allowing the requested variances. He stated that there is nothing unique about thisspecific lot that would support a variance. He stated that the request does not

appear to meet the required findings for a variance and does not seem to meet the

intent of the Zoning Ordinance. He reviewed potential alternatives, includingconsideration of a text amendment relating to maximum garage door height. He

noted that staff recommends denial of the variance request and provided rationale

for this position.

Commissioner Eiynck requested clarification of the locations of the structures, and

Manager Kohn provided additional information in this regard.

Commissioner Setzer requested clarification of the property in relation to theneighborhood, and Manager Kohn provided additional information in this regard.

Chair Guerber asked the property owners whether images were shared with theneighbors. Randy Wedrickas described the information that was provided to theneighbors. Chair Guerber asked about covenants. Mr. Wedrickas stated his

understanding that the original covenants have been removed.

Chair Guerber reviewed the Public Hearing procedure and opened the PublicHearing for this item at 8: 42 p. m.

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Ryan Wedrickas commented regarding the height of an agricultural structure in thearea. He also noted that this property is located in more of a rural setting.

No one else spoke during the Public Hearing. Manager Kohn reviewed feedback

from the neighbors. A motion was made by Commissioner Eiynck, seconded byCommissioner Burke and unanimously carried, to close the Public Hearing. The

Public Hearing was closed at 8: 47 p. m.

Commissioner Eiynck stated that, while she has empathy for the prospectiveproperty owners, the necessary Findings of Fact to support a variance request arevery clear. She stated that the request does not appear to meet these requirements.

Commissioner Setzer expressed concerns about setting a precedent and spoke insupport of denying the variance request.

Commissioner Blomquist expressed concerns that the neighbors may not realize theactual impact of the proposed accessory structure. She stated her opinion that the

proposed structure would not fit well within the area.

A motion was made by Chair Guerber to recommend denial of a request by Susanand Randy Wedrickas to allow a detached accessory building at 5536 CannondaleCourt that would exceed the R- 1 regulations for garage door height and buildingheight. The motion was seconded by Commissioner Eiynck. Upon call of the roll,

Commissioners Setzer, Hintz, Blomquist, Meinke, Guerber, Eiynck, and Burke voted

aye; no nay. Seven ayes; no nay; motion carried. It was clarified that the request

will be reviewed by the City Council, which will make the final decision.

9. Minor Subdivision / Final Plat Request by Ken and Linda Moon, 734 BlaineStreet, to Create a Two -Parcel Plat

Manager Kohn provided background information. He reviewed the plat and noted

that the proposed new lot will be developable, will have access to City water andsewer, and will meet all of the requirements of the Zoning Ordinance. He stated that

staff recommends approval of the two -parcel plat as submitted.

Commissioner Meinke described the area and spoke in support of the proposal.

Other Commissioners expressed support for the proposed plat.

A motion was made by Commissioner Meinke, seconded by CommissionerBlomquist, to approve the minor subdivision and final plat of the Moon property onBlaine Street, as submitted. Upon call of the roll, Commissioners Setzer, Hintz,

Blomquist, Meinke, Guerber, Eiynck, and Burke voted aye; no nay. Seven ayes; no

nay; motion carried.

10. Status Report

A. Planned Unit Development Density Provision.

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Director Rogness referenced past discussion of this topic. He stated that the CityCouncil took action to enact a moratorium, in order to allow time for the CityCouncil and Planning Commission to work on this issue.

Director Rogness stated that the deadline for proposals relating to the formerSt. John' s Hospital property is coming up on November 25. He stated that if anyproposals are received, this information will be communicated to the City Council.

Commissioner Meinke asked whether the current standards for calculatingdensity would apply to current proposals. Director Rogness indicated that this

would be the case.

B. He Mni Can — Barn Bluff Phase 1 Improvements Update.

Manager Kohn provided a project update. He discussed trail and plaza

improvements, interpretative features, and sculptures. He noted that final work

will be completed next spring.

C. Old West Main Street and Pedestrian Bridge Update.

Director Rogness provided an update. He reported that the City Councilauthorized moving ahead with the design work. He stated that bids were

solicited for the pedestrian bridge project, which came in well under the

engineer's estimate. He stated that these bids and the project will be discussed

by the City Council during the upcoming meeting on November 23. He reported

that the Old West Main Street reconstruction project design work is nearlycomplete, with this project tentatively scheduled to begin in 2021.

11. Commission Concerns

Chair Guerber thanked staff for their hard work and Commissioners for the

thoughtful discussion.

12. Adiournment

Chair Guerber adjourned the meeting at 9: 06 p. m.

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