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Home My WebLink About2021-07-28 PC MIN4 g* Ater ....................... MF ......... OF ......... PLANNING COMMISSION MEETING MINUTES July 28, 2021 REGULAR MEETING Chairman Dybvig called the meeting to order at 7:00 p.m. 7:00 P.M. Present: Chairman Dybvig, Commissioners Hansen, Hoffman, Knippenberg, Meyhoff, Steinwall, Councilmember Odebrecht Absent: None Staff: City Planner Wittman, Community Development Director Gladhill, Zoning Administrator Tait APPROVAL OF MINUTES Possible approval of minutes of tune 23. 2021 regular meeting Motion by Commissioner Steinwall, seconded by Commissioner Meyhoff, to approve the minutes of the June 23, 2021 meeting. All in favor. OPEN FORUM There were no public comments. CONSENT AGENDA There were no items on the Consent Agenda. UNFINISHED BUSINESS There was no unfinished business. PUBLIC HEARINGS Case No 2021-42• Consideration of a Variance to construct a porch on the property located at 720 Everett St N. in the RB district. Jim and Julie Moy, property owners. Zoning Administrator Tait explained that the applicants are proposing to construct a six -foot - wide wrap -around porch onto the front and south side of the house to allow the home to better fit the character of the neighborhood. A 1.5-foot variance is requested to allow a six-foot deep front porch to be set back 18'-7" from the front yard lot line, whereas the required setback is 20 feet. Staff recommends approval with four conditions. Jim Moy, applicant, stated that to be useable, the porch must be at least 6'. Chairman Dybvig opened the public hearing. There were no public comments. He closed the public hearing. Motion by Commissioner Meyhoff, seconded by Commissioner Knippenberg, to approve Case No. 2021-42, Variance to construct a porch on the property located at 720 Everett St N, with the four staff -recommended conditions. All in favor. Planning Commission July 28, 2021 Case No. 2021-44: Consideration of a Variance to construct a detached garage on the property located at 612 3rd Street South, in the RB district. Charles Pearcy, applicant and Dwight and Becky Cummins, property owners. Chairman Dybvig announced this case was withdrawn by the applicant. Case No. 2021-45: Consideration of Variances to the Front. Side and Rear Yard setbacks for the vertical expansion of an existing, non -conforming structure Property located at 304 Hazel St E in the RA district. Property owner, Jason Ous. Chairman Dybvig announced this case is being tabled by staff until the August meeting. UNFINISHED BUSINESS Case No. 2021-38: Consideration of a Conditional Use Permit. associated Variances and lot line adjustment to construct a new residential apartment building on the property located at 107 3rd St N and 110 Myrtle St E in the Central Business District. Nathan Landucci, applicant. Jon Whitcomb and Mark and Cathy Balay. property owners - Tabled from the June meeting City Planner Wittman explained that Landucci Homes is proposing to construct a 39-unit apartment building at 107 3rd Street North; the building is proposed to span the property line with 110 Myrtle Street East where the new structure will extend behind the historic home located on that site. A Conditional Special Use Permit is required. Portions of the building are proposed to be 4.5 stories and 48.5' tall (as measured from 3rd Street North). This exceeds the maximum allowable three -stories and 37' height in the Historic Height Overlay District and the applicant is requesting variances to the City's CBD Setbacks and the Height Overlay standards. Given the scope and location of the project as well as the proposed height is 10% greater than the maximum allowable limit, City Code requires the Planning Commission make recommendation for City Council. On June 16, 2021 the Heritage Preservation Commission (HPC) reviewed the Design Permit application and requested that the developer consider 1) removing the uppermost story; 2) stepping the east side back; 3) removing the easterly 3rd and 4th stories; 4) breaking up the metal with brick; 5) landscaping between the two buildings; and 6) exploring window and balcony placement facing the historic home. The HPC considered an updated plan on July 21. While the developer incorporated some of the requested changes, the changes made do not conform to all those requested by the HPC. The HPC denied the Design Permit for the current proposal but indicated a willingness to consider a similar project at 3 stories tall. The Downtown Parking Commission (DTPC) considered the request on June 23 and July 15 and heard the applicant's proposal to use a stacker vending machine style system to accommodate resident parking. The DTPC noted the plan was not in conformance with City Code and may not conform to City Code requirements. Given the site's topography and distance from public overnight parking, the DTPC recommends all parking be located onsite. While the proposed volume of traffic is not anticipated to have a negative impact on the traffic patterns, including intersection queuing, there will be a modest increase in traffic in this area. Given the critical crash rates at 3rd/Myrtle and 2nd/Myrtle, and that most accidents are caused by a failure to yield to west -bound traffic, there will be greater impact to the crash rating. This could be detrimental to the public welfare of the community. The applicant is requesting consideration of. 1) a Conditional Use Permit for 39 multi -family residences; 2) a 1.5-story variance to the three-story maximum height; 3) a 11.5' variance to the 37' maximum allowable height; 4) variances to the 20' (Combined) Side Yard and 20' Rear Yard Setback; 5) approval of the parking mitigation plan which includes mitigation of 35 Page 2 of 4 Planning Commission July 28, 2021 required resident parking spaces and variance of 13 required guest parking spaces; and 6) assignment of the 40-space credit currently assigned to Browns Creek West LLC. The City has received public comment from Trinity Lutheran Church and the Steeple Towne Home Owner's Association, both located across 3rd Street North, asking that the City deny the requested actions. Staff recommends denial, citing a combination of factors that suggest the volume of units is not to scale for this site. Nathan Landucci, applicant, explained the design changes that have been made. He feels the project meets resident parking requirements on site but is short 14 guest parking spaces which they would like to mitigate. Councilmember Odebrecht commented it is a beautiful design. He asked Ms. Wittman to clarify that the Planning Commission does not act on the parking mitigation. Ms. Wittman clarified that parking is a factor considered when looking at use but the Planning Commission does not act on parking mitigation. Councilmember Odebrecht said he would love to see how the novel parking solution would work. It is clear a lot of work has gone into the project however he shares the concerns expressed by staff and neighbors. Chair Dybvig opened the public hearing. There were no public comments. He closed the public hearing. Commissioner Knippenberg voiced concern about the height and the way the building would alter the view. Commissioner Hoffman recognized the amount of work done to make the changes, but feels the height is still a challenge. The corridor going down the hill is important. Commissioner Meyhoff said the parking solution is brilliant. He could support the height and feels the project is very well designed. His only concern is the potential for traffic issues. Commissioner Steinwall stated the variances seem entirely driven by the economics of the project. State law does not allow variances to be granted for economic reasons. Commissioner Hansen remarked there are many sticking points but his biggest concern is the height. There are no grounds to grant the height variance. A four story building in this area is too tall. It is already a dangerous intersection and adding mass, height and blocking views would make it irresponsible to approve. He added that the applicant has done good job of trying to think outside the box on parking. Chair Dybvig reiterated there appears to be no practical difficulty justifying a height variance. He voiced concern about the way this project interacts with the historic home. Motion by Councilmember Odebrecht, seconded by Commissioner Knippenberg, to deny Case No. 2021-38, the Variances and lot line adjustment to construct a new residential apartment building on the property located at 107 3rd St N and 110 Myrtle St E, and recommend the City Council deny the Conditional Use Permit. All in favor. Community Development Director Gladhill noted that staff is committed to working with the developer to meet the zoning code standards including consideration of economic development tools available to bridge the financial gap. NEW BUSINESS There was no new business. Page 3of4 Planning Commission FYI STAFF UPDATES July 28, 2021 Ms. Wittman reminded the Commission of the Boards and Commissions picnic August 11. ADJOURNMENT Motion by Commissioner Hansen, seconded by Councilmember Odebrecht, to adjourn the meeting at 7:31 p.m. All in favor. <;g' E J hn Dybvig, GKair ATTEST: ® . Abbi Wittman, City Planner Page 4 of 4