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HomeMy WebLinkAbout2022-05-25 PC MINtt 11wakr The Birthplace of Minnesota REGULAR MEETING 216 4th Street N, Stillwater, MN 55082 651-430-8800 www.ci.stillwater.mn.us PLANNING COMMISSION MEETING MINUTES May 25, 2022 7:00 P.M. Chairman Dybvig called the meeting to order at 7:00 p.m. Present: Chairman Dybvig, Commissioners Cox, Hoffman, Steinwall, Councilmember Odebrecht Absent: Commissioners Knippenberg, Meyhoff Staff: Community Development Director Gladhill, Assistant Planner Gutknecht ELECTION OF OFFICERS Motion by Commissioner Steinwall, seconded by Commissioner Hoffman, to elect Mr. Dybvig as Chair and Mr. Meyhoff as Vice Chair. All in favor. APPROVAL OF MINUTES Possible approval of minutes of April 27, 2022 regular meeting Motion by Commissioner Hoffman, seconded by Councilmember Odebrecht, to approve the minutes of the April 27, 2022 meeting. Motion passed 4-0-1 with Commissioner Cox abstaining. OPEN FORUM There were no public comments. Chair Dybvig summarized the process for granting variances and the practical difficulty test. He also noted that former Planning Commissioner Hansen would be presenting one of the cases, as the builder for the applicants. Community Development Director Gladhill introduced Assistant Planner Ben Gutknecht. CONSENT AGENDA There were no items on the Consent Agenda. UNFINISHED BUSINESS There was no unfinished business. PUBLIC HEARINGS Case No. 2022-25: Consideration of a Variance to the Front Yard Setback for the construction of a front porch. Property located at 107 Laurel St E in the RB district. Eric Hansen of Fresh Start Builders, applicant and Ryan and Mary Collier, property owners. Mr. Gladhill explained that the owners are requesting a Variance to the Front Yard Setback in order to construct a front porch - 20 feet allowed, 7 foot 7 inches proposed. The house as Planning Commission Meeting May 27, 2022 originally built did not have a front porch but had a porch at one point, date unknown. Staff recommends approval. The Heritage Preservation Commission reviewed the case and recommended approval of the variance. One neighbor wrote in support. Eric Hansen, Fresh Start Builders, representing the applicant, stated the intent is to restore a front porch that was removed at some point. The house was built long before zoning ordinances existed. The open porch design will not have a negative impact on the views or the neighborhood. Chair Dybvig opened the public hearing. There were no public comments. He closed the public hearing. Motion by Commissioner Steinwall, seconded by Councilmember Odebrecht, to approve Case No. 2022-25, Variance to the Front Yard Setback for the construction of a front porch at 107 Laurel St E, adding Condition #1 stating that plans shall be substantially similar to those found on file for Case No. 2022-25, and adding Condition #2 stating that any changes to the approved plans shall be reviewed and approved by the Community Development Director in advance, and all major changes to those plans shall be brought to the Planning Commission for further review and approval. All in favor. Case No. 2022-26: Consideration of a Variance to the allowed impervious surface coverage in order to construct a deck. Property located at 3490 87th St N in the TR district. Paul and Luane Bruggers, property owners. Mr. Gladhill reviewed the case. Impervious surface coverage is limited by the Shoreland Overlay district to 25%. The applicant is requesting a Variance to allow 36.3% lot coverage to permit the construction of a 10' x 14' deck. The property currently has approximately 34.7% lot coverage with 3,013 square feet of impervious coverage on the 8,685 square foot lot. Browns Creek Watershed District staff questioned whether there is practical difficulty, pointing out that when this development was created, a specific amount of impervious surface coverage per lot was assumed, and the storm water management system was designed based on that calculation. Staff finds that, with reasonable conditions, the request conforms to the standards set forth for the issuance of a variance and recommends approval with three conditions. Councilmember Odebrecht noted that Condition #3 refers to additional rainwater mitigation so as not to create additional pressure downstream. Applicants Luane and Paul Bruggers stated they understand the water flow issue, and will put a pervious surface beneath the deck so it will not increase the impervious coverage percentage. Chairman Dybvig opened the public hearing. Karen Kill, Browns Creek Watershed District (BCWD) Administrator, stated she talked with the District Engineer regarding the assumptions that were made for stormwater management for the overall development, which assumed about 26% impervious surface coverage per lot. This lot is already over that limit by about 9%. At the time of the permit, this area was exempt from volume control standards because it flows to the diversion structure. Currently, a 1.1" minimum impact design standard is required, that is consistent with the City's volume control in this area. She can appreciate the statement that the area under the deck will be pervious, however most decks do not allow water to flow below them so water will still shed off the deck. Page 2 of 7 Planning Commission Meeting May 27, 2022 Councilmember Odebrecht asked if the 1.1" minimum standard can be met with a raingarden; and Ms. Kill answered yes. Councilmember Odebrecht inquired how the BCWD would feel about a condition that the area under the deck must remain pervious and a raingarden must be added. He recognized the importance of stormwater mitigation and noted there are several houses are in this predicament in this area; and Ms. Kill replied that looking at ways to mitigate would be a good idea, wherever it is possible to maintain pervious area. However the area below a second story deck often becomes impervious in the future as homeowners make changes. On a question by Chairman Dybvig if BCWD has the ability to consult with homeowners on raingardens, if the City were to require them; and Ms. Kill responded that since it would not be a BCWD permit, they definitely could work with the homeowners for technical assistance, but would not be able to build it for them. Commissioner Steinwall pointed out, at almost 37% coverage, the property is already nonconforming and the deck would add more quasi -impervious surface. She asked if BCWD would recommend a solution that brings the property back down to 26% coverage; and Ms. Kill answered it would be great to look at this development as a whole and find some opportunities to do additional stormwater mitigation. Chair Dybvig closed the public hearing. Commissioner Steinwall suggested tabling the case so the applicant and their engineers can come up with a plan for review, rather than a directive that they come up with a solution after the Variance is granted. Chairman Dybvig suggested adding a condition stating that the applicants shall consult with BCWD regarding installation of a raingarden or other mitigation facility designed to handle the runoff for the totality of the new constructed impervious surface being added to the lot; and that the raingarden will be located to capture water from the new construction and will be installed prior to permits being issued. The raingarden shall be maintained as long as the deck or auxiliary structure is being used. Motion by Commissioner Steinwall, seconded by Councilmember Odebrecht, to table Case No. 2022-26, Variance to the allowed impervious surface coverage in order to construct a deck at 3490 87th St N, to give applicants a chance to devise a plan that would mitigate this property such that the 26% impervious surface coverage goal is met. All in favor. Case No. 2022-27: Consideration of a Variance to the allowed impervious surface coverage in order to construct a deck. Property located at 3610 Wright St in the RB district. Eric and Teresa Johnson, property owners. Mr. Gladhill stated that the applicants are requesting a Variance to allow structural impervious surface coverage over 25% as limited by the RB Two Family Residential zoning district. The Variance would allow 27.3% structural coverage to permit the construction of a 12' x 24' deck and stairs. The property is well under the 25% maximum "other" impervious surface coverage at 7.6%. The property has the potential to add 2,056 square feet of other impervious surface coverage and only 14 square feet of structural impervious surface coverage. Staff finds that, with reasonable conditions, the request conforms to the standards set forth for the issuance of a variance and recommends approval with three conditions. Page 3 of 7 Planning Commission Meeting May 27, 2022 Teresa and Eric Johnson, applicants, noted they have a second floor sliding door leading nowhere. When they built, they were unaware of the 14 square foot restriction. Chair Dybvig opened the public hearing. Karen Kill, BCWD Administrator, offered that Rutherford Station was originally developed at 31% impervious surface coverage. This lot would still be under that so she has no concern about this particular proposal. BCWD still has long term concerns about the total 50% impervious allowance - this is something for staff and the Watershed District to discuss further. There are areas that are very flat with very limited freeboard for flood protection downstream from this area. Chair Dybvig closed the public hearing. Councilmember Odebrecht asked how many other homes are in this situation; and Mr. Gladhill replied at least a couple dozen. Councilmember Odebrecht remarked the original defect was with the plat and allowing the homes to be built this way with a second floor sliding glass door that leads to nowhere. Commissioner Hoffman pointed out this development was approved by the City and the 31% would not cause difficulties with BCWD. This is a unique circumstance. Chair Dybvig suggested practical difficulty might be the fact that building plans were approved by the City with a second floor sliding glass door and no way to add a deck without a variance. The additional condition he suggested for the last case may apply here. Mr. Gladhill added that the City Attorney would probably say that staff approval of a building permit for a model with a sliding glass door probably would not justify the variance. Motion by Commissioner Steinwall, seconded by Commissioner Hoffman, to approve Case No. 2022-27, Variance to the allowed impervious surface coverage for a deck at 3610 Wright St, with staff -recommended Conditions #1 and #2, and modifying Condition #3 to state that the applicant consult with BCWD regarding installation of a raingarden or any other mitigation facility designed to handle the runoff for the totality of the new deck construction being added to the lot to bring the total impervious surface back down to 25%. The raingarden shall be located to capture water from the new construction and shall be installed prior to permits for the new construction being issued, and must be maintained as long as the deck is being used. All in favor. Case No. 2022-28: Consideration of a Variance to the allowed impervious surface coverage in order to construct a detached garage. Property located at 7155 Melville Ct N in the LR district. Brandon and Dawn Kotval, property owners. Mr. Gladhill reviewed the case. The applicants are requesting a Variance to allow total garage floor area over 1000 square feet. The property currently has an attached garage of 853 square feet. The applicant is requesting a Variance to permit the construction of a 24' x 40' three -car garage totaling 1,813 square feet of garage floor area. The property currently has approximately 11% lot coverage with approximately 11,233 square feet of impervious coverage on the 102,338 square foot lot. The additional proposed garage would put the property at approximately 12% lot coverage. Staff finds that - with reasonable conditions - the request conforms to the standards set forth for the issuance of a variance and recommends approval with four conditions. Page 4 of 7 Planning Commission Meeting May 27, 2022 Chair Dybvig asked if the lot extends into the center of Long Lake, and how much of the lot is dry versus in the lake; and Mr. Gladhill replied the Certificate of Survey shows part of the fee title goes into Long Lake. The lot is 3.45 acre +/- and 1.45 acres is upland area, not in the water. Chair Dybvig noted on the survey the building appears to be over the line showing the buildable area of the lot. Mr. Gladhill responded that the City's regulations would probably call this a side yard, not a rear yard. The lot size and configuration is challenging. Chair Dybvig opened the public hearing. There were no public comments. He closed the public hearing. Councilmember Odebrecht stated the legal standard of practical difficulty appears not to have been met, and Commissioners Steinwall and Hoffman agreed. Motion by Councilmember Odebrecht, seconded by Commissioner Cox, to deny Case No. 2022- 28, Variance to the allowed impervious surface coverage in order to construct a detached garage at 7155 Melville Ct N. All in favor. Case No. 2022-29: Consideration of a Variance to the Front Yard Setback to construct a car port. Property located a 226 Harriet St N in the RB district. Mary Katherine Jerome, property owner. Chair Dybvig stated this application has been withdrawn by the applicant. Case No. 2022-30: Consideration of a Variance to the side corner setback to construct an attached garage addition. Property located at 1204 4th Ave S in the RB district. Katie Kangas, applicant and Michael and Nicole Willenbring, property owners. Mr. Gladhill informed the Commission that the applicants are requesting a Variance to the Side Yard (Exterior) Setback in order to construct an addition. The project would include demolition of an existing deck and detached garage. The required front yard setback for this improvement is 20 feet. The owner is proposing an 8 foot, 10 3/4 inch setback. Staff recommends approval. Commissioner Steinwall stated the case should be reviewed by the Heritage Preservation Commission (HPC) particularly with respect to design elements. Katie Kangas, architect, 5592 Shooter Rd, Shoreview, stated City staff determined they were not demolishing enough of the historic structure to trigger HPC review. The trigger is 30% of the facade of the existing building. They are adding onto one facade. The applicants are very conscious of the historic character of the house and want to carry it forward. Mr. Gladhill added that current staff relied on work done by previous staff to clarify past practice. Applicants Nicole and Mike Willenbring stated they are passionate about the historic home and want to update it to accommodate their family. The current detached garage, built in 1968, is in poor shape. The new design will look more historic and cohesive. Chair Dybvig opened the public hearing. Eric Hansen complimented the proposed design, adding that he worked with the previous owners of this house through several iterations of what might be done to expand the home, none of which would have worked out well. Page 5 of 7 Planning Commission Meeting May 27, 2022 Chair Dybvig closed the public hearing. Commissioner Hoffman stated moving the garage back is a big issue for him. Commissioner Steinwall suggested tabling the application and sending it to the HPC for a design review. Motion by Commissioner Steinwall, seconded by Councilmember Odebrecht, to table Case No. 2022-30, Variance to the side corner setback to construct an attached garage addition at 1204 4th Ave S, to refer the plans to the HPC for review. All in favor. Case No. 2022-33: Consideration of a Variance to the allowed structural coverage in order to construct a deck. Property located at 3671 Summit Lane in the RB district. Noelle Singerhouse, property owner. Mr. Gladhill stated that the applicant is seeking a Variance to structural impervious surface coverage restrictions (25% allowed, 27% requested) to permit the construction of at 16.5' x 20' deck. The property is well under the 25% maximum "other" impervious surface coverage at 8%. The property has the potential to add 1,630 square feet of other impervious surface coverage and to add only 166 square feet of structural impervious surface coverage. Staff finds that, with reasonable conditions, the request conforms to the standards set forth for the issuance of a variance and recommends approval of the variance with three conditions. Noelle Singerhouse, applicant, stated they have a door on the second story that leads to nowhere and they wish to construct a deck that fits with the rest of the neighborhood. Chair Dybvig opened the public hearing. Karen Kill, BCWD Administrator, stated that the developer originally proposed 31% total impervious coverage when the stormwater management permit was sought. It looks like the total impervious coverage on the site now is about 33% so it is already in excess of what was allowed for the stormwater management for this system. Chair Dybvig closed the public hearing. Motion by Commissioner Steinwall, seconded by Commissioner Cox, to approve Case No. 2022- 33, Variance to the allowed structural coverage in order to construct a deck at 3671 Summit Lane, with staff -recommended Conditions #1 and #2, changing Condition #3 to state that the applicant shall consult with BCWD regarding the installation of a raingarden or any other mitigation facility designed to handle the runoff for the totality of the new construction being added to the lot to bring the total impervious surface back down to 25%. The raingarden or other mitigation facility must be located to capture water from the new construction and must be installed prior to permits for the new construction being issued. The raingarden or other mitigation facility must be maintained as long as the deck is being used. All in favor. NEW BUSINESS There was no new business. DISCUSSION Update from Sustainable Stillwater Chairman Dybvig tabled this agenda item. Page 6 of 7 Planning Commission Meeting May 27, 2022 Policy for Packet Add -On Materials Chairman Dybvig tabled this agenda item. Annual Training Mr. Gladhill reminded the Commissioners of the Boards and Commissions Training June 14. FYI STAFF UPDATES Mr. Gladhill reminded the Commission of many new staff members including himself, and thanked them for their patience. ADJOURNMENT Motion by Commissioner Cox, seconded by Commissioner Hoffman, to adjourn the meeting at 8:34 p.m. All in favor. ATTEST: ybvig, Chair Tim Gladhill, Community Development Director Page 7 of 7