Post on 15-Mar-2022
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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November 17, 2020
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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November 17, 2020
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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November 17, 2020
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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November 17, 2020
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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November 17, 2020
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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November 17, 2020
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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November 17, 2020
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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November 17, 2020