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Planning Commission Meeting <br />Minutes – Wednesday, December 01, 2010 <br />Page 3 <br />Commissioner Wozniak noted that there was no new language included that <br />101 <br />provided for solar access; and whether there was consideration given to <br />102 <br />stipulating that new construction that would obstruct the sun from impacting an <br />103 <br />existing solar energy system. Commissioner Wozniak referenced such <br />104 <br />provisions of the City of Minneapolis, in additional to other model ordinances or <br />105 <br />statutes across the country that may provide some examples; and sought <br />106 <br />comment from other Commissioners as to whether to direct staff, by Planning <br />107 <br />Commission motion, to investigate language and bring it forward to the City <br />108 <br />Council as part of the zoning code rewrite. <br />109 <br />Vice Chair Boerigter questioned how such a provision would receive an adequate <br />110 <br />level of public scrutiny if such proposed language went directly to the City <br />111 <br />Council and bypassed the Planning Commission, opining that solar rights are a <br />112 <br />significant issue related to property rights. Vice Chair Boerigter suggested that <br />113 <br />consideration should be given to a future discussion on a broader sense that <br />114 <br />could be fully vetted at the Planning Commission through the public hearing <br />115 <br />comment process to hear various perspectives on existing code as well as future <br />116 <br />technologies. <br />117 <br />Commissioner Wozniak noted that there may be existing model ordinances or <br />118 <br />laws governing solar access that had already been discussed, revised and <br />119 <br />reasonably drafted that the Commission may not be aware of. <br />120 <br />Vice Chair Boerigter noted that this was his precise concern and that without a <br />121 <br />public review and vetting of those models and their potential application in the <br />122 <br />City of Roseville, he was not comfortable proceeding. <br />123 <br />Mr. Paschke suggested that such a provision could be added in the future; and <br />124 <br />advised that, once the revised code was put in practical use, there would be <br />125 <br />obvious future amendments, at which time solar access provisions could be <br />126 <br />included in those amendments. Mr. Paschke concurred that solar access <br />127 <br />language needed good scrutiny with the Planning Commission seeing specific <br />128 <br />language, and allowing for public vetting; and suggested the Commission could <br />129 <br />direct staff to research the subject, and bring forward on a 2011 docket for review <br />130 <br />and hearing. <br />131 <br />Vice Chair Boerigter concurred with staff on future consideration of solar access; <br />132 <br />as well as finding additional amendments once the zoning code rewrite was put <br />133 <br />into practical practice. Vice Chair Boerigter sought clarification on what sections <br />134 <br />had been presented to the City Council to-date, and any actions they’ve taken on <br />135 <br />any of those drafts. <br />136 <br />Mr. Paschke advised that the following districts had been presented to the City <br />137 <br />Council on at least one occasion: Residential; Commercial/Mixed Use; Industrial; <br />138 <br />Institutional. <br />139 <br />At the request of Vice Chair Boerigter, Mr. Paschke confirmed that the City <br />140 <br />Council had not yet seen the Parks District; but were scheduled to have those <br />141 <br />districts being presented to the Commission tonight at the City Council meeting <br />142 <br />of December 6, 2010. <br />143 <br />Vice Chair Boerigter sought assurance that his vote on the entire code at <br />144 <br />tonight’s meeting wouldn’t be reflective of any apparent agreement with all <br />145 <br />sections and portions of chapters, but that past discussions and areas of concern <br />146 <br />would be brought forward through meeting minutes to the awareness of the City <br />147 <br />Council and the various iterations over the course of the rewrite process up to <br />148 <br />and including this final draft. <br />149 <br />Mr. Paschke advised that, unless Councilmembers were tracking the process <br />150 <br />through viewing meetings on the website and noting modifications to the various <br />151 <br />drafts, there would not necessarily be cognizant of all the modifications made to- <br />152 <br /> <br />