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HomeMy WebLinkAbout2022-01-26 PC MIN(Sagrater. 1XE EIITX. LA CE OF AIIXX EIOTA PLANNING COMMISSION MEETING MINUTES - AMENDED January 26, 2022 REGULAR MEETING 7:00 P.M. Chairman Dybvig called the meeting to order at 7:00 p.m. Present: Chairman Dybvig, Commissioners Hansen, Hoffman, Knippenberg, Steinwall Absent: Councilmember Odebrecht, Commissioner Meyhoff Staff: City Planner Wittman APPROVAL OF MINUTES Passible approval of minutes of December 29, 2021 regular meeting Motion by Commissioner Hoffman, seconded by Commissioner Steinwall, to approve the minutes of the December 29, 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 CaseNo. 2022-01 Consideration of a Variance, to_the minimum size lot in order to split their lot into two separate lots located at 1330 5th St S in the 17B district. jai mie,.._Jacohson, property owner,. City Planner Wittman explained the case. The property owner is requesting a resubdivision to split the property into two lots. The 13,420 square foot parcel is 1,580 square feet shy of the required 7,500 square feet (s.f.) required for each lot in the RB - Two Family Residential (RB) zoning district. Therefore, the owner is requesting variances to the minimum lot area requirements for each of the proposed properties. Additionally, the parcel proposed to retain the existing home (Parcel A/Lot 8) has several impervious surface improvements (i.e. driveway, walkways, patio) and might exceed the maximum 25% of the proposed lot area. The proposed property would contain 1,951 s.f. of other impervious surface area. The applicant is proposing 237 s.f. of that area would be removed if the resubdivision were approved. However, 25.80% of the property would still be encumbered by other impervious surfaces. The following variances are being requested: 1) 788 s.f. variance to the 7,500 s.f. minimum lot area for Lot 8, to total 6,712 s.f.; 2) a 792 s.f. variance to the 7,500 s.f. minimum lot area for Lot 7, to total 6,708 s.f.; and 3) a variance to the maximum 25% impervious surface lot coverage requirement to allow Lot 8 to have a total other impervious surface lot coverage of 25.80%. Staff finds that with certain conditions, the request conforms to the standards set forth for the issuance of a variance and recommends approval of all three variances with four conditions. Planning Commission January 26, 2022 Chairman Dybvig opened the public hearing. There were no public comments. Chairman Dybvig closed the public hearing. Commissioner Hansen asked if adjusting the plat was considered, so that only one of the properties would be out of conformance? Ms. Wittman explained that the minimum lot width is SO feet, so if the line were moved, one lot would meet the minimum lot area but the other lot would not meet the minimum width. Commissioner Hansen noted it was obviously platted as two standard sized lots for the era, the resubdivision is reasonable and fits well in the neighborhood. Commissioner Hoffman added that the applicant is trying to get as close as possible to the other requirements and acting in good faith. Chair Dybvig agreed. He would question the condition that no future variances would be granted, but feels that if City Attorney Land suggested that condition, it's OK. Ms. Wittman said City Attorney Land did not read the specific language, but she stated that a condition of this type would be reasonable. Commissioner Hansen asked if the condition prevents future Planning Commissions from granting variances. Ms. Wittman replied it means that future development must conform to the code. The condition would run with the land in perpetuity. Commissioner Steinwall said the Commission may want to tweak proposed Condition #3, and provide some way for that condition to be removed at some point if needed. Ms. Wittman said the phrase could be added, "so long as the two lots remain separate from one another. " She understands the concern that this condition may bind a future commission. The case could be tabled for consultation with legal counsel on how to allow future flexibility. Motion by Commissioner Hansen, seconded by Chair Dybvig, to table Case No. 2022-01, Variance to the minimum size lot in order to split their lot into two separate lots located at 1330 5th St S, and to direct staff to clarify the language in Condition #3 so that it allows for flexibility if needed. All in favor. base No. 2022-02: Consideration of a Use Permit Amendment for the property located at 927 Churchill St W in_the RS district. Cic iskow rep resenting_Lakeview Hos i�ta1, pro e�rty owner. Ms. Wittman stated that Lakeview Hospital has a 1,500-gallon oxygen tank with 300-gallon reserve tank system located near the western entrance to the site, off Greeley St S. A Conditional/Special Use Permit Amendment is sought to replace and upgrade the existing oxygen tank system by installing a 6,000-gallon tank and a 900-gallon tank for reserve. The two new tanks will be placed directly to the north of the existing tanks on a new concrete pad; the existing concrete pad will be utilized for the system's regulator manifold, alarm box, shut off valves and vaporizers. It will be enclosed by an 8' tall, 12" concrete masonry unit block wall on the east and chain -link and bollards on all other sides. Staff finds that, with certain conditions, the proposed amendment would not be a detriment or nuisance to the general public and conforms to adopted codes and plan. Therefore, staff recommends the Commission approve the amendment with four conditions. Chairman Dybvig opened the public hearing. There were no public comments. He closed the public hearing. Page 2 of 4 Planning Commission January 26, 2022 Commissioner Knippenberg noted the greatest concern is probably height but the proposed landscaping plan mitigates this. Motion by Commissioner Steinwall, seconded by Commissioner Hoffman, to approve Case No. 2022-02, Use Permit Amendment for the property located at 927 Churchill St W, with the four staff -recommended conditions. All in favor. Case No. 2022-03: Consideration of a Short -Term Home Rental Type Biicense to be located at 4 18 Holcombe St S in the RB3 d is ric . Scott and D i d ra Swenson r r wner. Ms. Wittman stated that the applicants are requesting approval of a Type B Short Term Home Rental license for the property at 418 Holcombe St S. The property owners will reside in the primary residence and will be onsite, or within a 30-minute drive, during all guest stays. There will be no more than three overnight guests. Staff finds that the application meets all of the requirements of the City Code. Therefore, staff recommends approval of a one-year provisional Type B Short Term Home Rental license with two conditions. Seven public comments were received raising concern about transient renters, licensing, nuisances and public safety. Deidra Swenson, applicant, responded to the concerns raised, summarizing the information provided in the agenda packet. She clarified that no more than two guests will be allowed in the unit. She reviewed the rental rules. She pointed out there is a five-plex and two BnBs and another VRBO in the neighborhood. Chairman Dybvig opened the public hearing. Bob Ainsbury, 304 Holcombe St S, asked about the intent of public comment, given the staffs recommendation for approval. He also asked if the City has ever denied STHR applications. Chair Dybvig said the purpose is to get more information to help make a better decision and determine what may be unique about this property versus other STHRs on the South Hill. Ms. Wittman added that the City has not denied any STHR license application that has come before the Planning Commission. Gretchen Perkins, 507 Oak St W, said she felt blindsided by the letter about this application because neighbors usually talk to each other. The windows of the STHR look right down onto their property. She feels the proposal infringes on her sense of security and she is concerned about protecting the neighborhood. Carmel Rubel -Carver, 513 Oak St W, agreed with Ms. Perkins. She shared a photo taken from her bedroom window showing they look right into the loft. She would like conditions requiring a permanent way to protect privacy of her backyard, and extra City patrols during peak times such as Lumberjack Days, to protect residents from transient people. Chairman Dybvig closed the public hearing. Commissioner Steinwall said she appreciates the neighbors' concerns but she has not heard anything that is in conflict with the licensing issuance. If problems crop up, it is a provisional license and the City may take action at that time. Commissioner Hansen agreed with Commissioner Steinwall's comments. He recognized it is awkward when neighbors hear about these applications for the first time in a public setting. Ms. Rubel -Carver asked the Commission to address her request for a condition protecting her privacy from the windows of the loft. Chair Dybvig pointed out the public hearing was closed. Page 3 of 4 Planning Commission January 26, 2022 Motion by Commissioner Hansen, seconded by Commissioner Knippenberg, to approve Case No. 2022-03, Short -Term Home Rental Type B license to be located at 418 Holcombe St S. All in favor. Case No. 2022-04: Consideration of a Short -Term Home Rental Type B license to be located at 816 William St N in the RB district.Jim and Sarah McFarland, property owners. Chair Dybvig stated he lives within the 150 foot notification area and is willing to recuse himself, but he does not feel his property is impacted enough to influence his decision. No one asked that Chair Dybvig recuse himself. Ms. Wittman stated that the property owners have applied for a Type B1 Short Term Home Rental (STHR) license for the Accessory Dwelling Unit located above the detached accessory structure. The property owners will reside in the primary residence and will be onsite, or within a 30-minute drive, during all guest stays. Concerns from neighbors were voiced in regard to traffic and safety issues that may arise. Staff has found that the application meets all the requirements of City Code. Therefore, staff recommends approval of a one-year provisional Type B Short Term Home Rental license for the property, with two conditions. Sarah McFarland acknowledged that they will only allow three guests and expect to have little impact on the neighborhood, as similarly stated by the previous applicants. Chairman Dybvig opened the public hearing. There were no public comments. Chairman Dybvig closed the public hearing. Motion by Commissioner Hoffman, seconded by Commissioner Steinwall, to approve Case No. 2022-04, Short -Term Home Rental Type B license to be located at 816 William St N, with the two staff -recommended conditions. All in favor. NEW BUSINESS There was no new business. DISCUSSION There were no discussion items. FYI STAFF UPDATES Ms. Wittman informed the Commission that the Zoning Administrator position is being reworked and the vacancy will be advertised soon. A consulting firm will be helping with some planning services in the meantime. ADJOURNMENT Motion by Commissioner Hansen, seconded by Commissioner Hoffman, to adjourn the meeting at 8:03 p.m. All in favor. ]ohn Dybvi ' ha' ATTEST: Abbi Wittman, City Planner Page 4 of 4