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Home My WebLink About2021-12-29 PC MINPLANNING COMMISSION MEETING MINUTES December 29,2021 REGULAR MEETING Chairman Dybvig called the meeting to order at 7:00 p.m. Present:Chairman Dybvig,Commissioners Hansen,Hoffman,Knippenberg,Meyhoff, Steinwall,Councilmember Odebrecht None City Planner Wittman,Zoning Administrator Tait 7:00 P.M . Absent: Staff: APPROVAL OF MINUTES Possible approval of minutes of November 17.2021 regular meeting Motion by Commissioner Meyhoff,seconded by Commissioner Hoffman,to approve the minutes of the November 17,2021 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.2021-68:Consideration of a Variance to the maximum allowed impervious surface to construct a new single family home at 976 Creekside Crossing in the RA district,lohn Sharkey. property owner and Cole Charpentier.applicant. Zoning Administrator Tait explained the case.The 10,032 square foot property lies fully within a shoreland management overlay district,which restricts the lot coverage to a maximum of 25%.The new single-family home and driveway represent 2,492 square feet (16 square feet below the maximum allowed coverage).However,the property owner would like to add a rear deck with stairs and an at-grade patio,which will put the coverage over the maximum allowed. The applicant is requesting a 225 square foot (or 2.2%)variance to allow the maximum coverage to be 2,733 square feet (or 27.2%).One letter of opposition was received,stating there is no uniqueness or practical difficulty and the house proposed is too large for the lot. Staff finds it difficult to justify practical difficulty /uniqueness and recommends denial. Chairman Dybvig opened the public hearing. Cole Charpentier,applicant,architectural designer with Green Halo Builds,stated this lot is unique because not all the surrounding lots are within the shoreland management overlay Planning Commission December 29,2021 district with its lower lot coverage restrictions.He would be willing to forego the patio which would subtract 100 square feet from the coverage. Chairman Dybvig closed the public hearing. Commissioner Meyhoff pointed out since the applicant stated this is a custom designed home, the requirement could have been met via the design.Councilmember Odebrecht and Commissioners Steinwall and Hansen agreed. Motion by Commissioner Hansen,seconded by Commissioner Steinwall,to deny Case No.2021- 68,Variance to the maximum allowed impervious surface to construct a new single family home located at 976 Creekside Crossing.All in favor. Planner Wittman stated for the record that any application denied by this Commission may be appealed to the City Council within 10 days. Case No .2021-69:Consideration of a Conditional Use Permit to operate a Tattoo shop within the Downtown.Property located at 117 (113)Main St S in the CBD district.St.lohn 's Home Corp. property owner and Jeffrey Hagen ,applicant. Ms.Wittman stated that Stillwater Tattoo is seeking a Special Use Permit (SUP]to relocate their business to 117 Main Street South (with a parent address of 113 Main Street South ].Four letters of support for the SUP were received.Staff recommends the Commission discuss whether or not tattoo shops are of the same general character as the uses in Section 31-325, specifically beauty shops and,if so,act on the SUP request If tattoo shops are determined to be of the same general character as beauty shops,then staff would recommend approval with eight conditions. Commissioner Steinwall asked,if a beauty shop is outright permitted and does not need a SUP, then why would a tattoo parlor require a SUP if the Commission determines they are similar? Ms.Wittman answered that the base zoning district has an old carryover that says any use that is like a use permitted in the use table may be granted a use permit. Commissioner Hansen asked if this use should be added to the use table. Ms.Wittman replied it is worth reevaluation when the Commission reviews the use table. Chairman Dybvig opened the public hearing. Amy Berback,213 Sherburne Street,voiced support for the SUP. Jeffrey Hagen,2659 Interlachen Court,representing the building owner,said the business owners are upstanding people and any old prejudices against this type of business are out of touch with today’s reality.He supports the permit. Chairman Dybvig closed the public hearing. Commissioner Knippenberg said she considers a tattoo shop to be similar to a beauty shop. Commissioner Hoffman remarked that tattooing is mainstream today and he considers the business to be like a beauty salon. Councilmember Odebrecht commented that he used to own a hair salon and found tattoo businesses to be very different as they are fully separate in the State code due to different licensing,education,and personal health and safety considerations.He agreed with Mr.Hagen there may be some bias but they are very different types of businesses. Page 2 of 4 Planning Commission December 29,2021 Commissioner Hansen said the Commission should consider adding tattoo parlors as an allowable use but for this case,a beauty salon is the closest comparison. Motion by Commissioner Steinwall,seconded by Commissioner Knippenberg,to find that the two uses are similar. Commissioner Hansen questioned whether that would require a vote. Ms.Wittman replied no,a straw vote on the finding is sufficient.Commissioner Steinwall withdrew the motion. Motion by Commissioner Steinwall,seconded by Councilmember Odebrecht,to approve Case No. 2021-69,Conditional Use Permit to operate a tattoo shop located at 117 (113)Main St S,with the eight staff -recommended conditions.All in favor. Case No.2021-64:Consideration of a Zoning Text Amendment to amend the fence code regulations.City of Stillwater ,applicant. Ms.Wittman stated that the City’s fence regulations call for an enforcement process that is in conflict with the recently-adopted administrative citation process.Thus,City staff is requesting a Zoning Text Amendment that allows for enforcement consistent with the recently-adopted administrative citation provisions.Additionally,the current fence regulations indicate that, where a non -conformity exists (i.e.placement in required setback,height,etc.),a fence is not allowed to be rebuilt.This is inconsistent with Minnesota Statutes.The proposed ordinance amendment brings the City’s fence regulations into conformance with State statute.She reviewed the modifications in detail. Commissioner Hansen asked for further explanation of the requirement,"where public safety is a concern,a minimum 48”fence shall be required on top of any retaining wall that is 4'in height or higher.”He asked why it would require a 48"high fence instead of something that is more consistent with the building code. Ms.Wittman replied the amendment may need tweaking for consistency with building code. Zoning Administrator Tait added that it was originally because the height of an above ground swimming pool had to be 48”or higher so a child could not climb in. Chair Dybvig concurred that the requirement needs further clarification. The consensus of the Commission after further discussion was to change the language to: "Where public safety is a concern,a minimum 36"tall fence or equivalent safety barrier shall be required on top of a retaining wall that is 4'or higher.This barrier shall be measured from the ground grade of the public safety concern.” Chairman Dybvig opened the public hearing.There were no public comments.Chairman Dybvig closed the public hearing. Motion by Commissioner Hansen,seconded by Commissioner Hoffman,to recommend approval of Case No.2021-64,Zoning Text Amendment to amend the fence code regulations,with modification as recorded in the meeting by staff.All in favor. NEW BUSINESS There was no new business. DISCUSSION 2022 Holiday Meeting Schedule (3 rd Wednesday) Page 3 of 4 Planning Commission December 29,2021 Ms.Wittman announced that the November and December 2022 meetings will be rescheduled to November 16th,2022 and December 21,2022 due to holidays. FYI STAFF UPDATES Ms.Wittman informed the Commission that Zoning Administrator Tait has resigned his position and is moving out of state.The Commission thanked Mr.Tait for his service to the City. ADJOURNMENT Motion by Commissioner Hansen,seconded by Commissioner Meyhoff ,to adjourn the meeting at John Dybvig,Chatf / 8:21 p.m.All in favor. ATTEST: Abbi Wittman,City Planner Page 4 of 4