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HomeMy WebLinkAbout2022-03-23 PC MINilivater THE 1INTNYLACE OF MINNESOTA PLANNING COMMISSION MEETING MINUTES March 23, 2022 REGULAR MEETING 7:00 P.M. Chairman Dybvig called the meeting to order at 7:00 p.m. Present: Chairman Dybvig, Commissioners Hansen (left at 7:33 p.m.), Hoffman, Knippenberg, Meyhoff, Steinwall, Councilmember Odebrecht Absent: None Staff: City Planner Wittman APPROVAL OF MINUTES Possible approval of minutes of February 23, 2022 regular meeting Motion by Commissioner Hansen, seconded by Commissioner Hoffman, to approve the minutes of the February 23, 2022 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. 2022-12: Consideration of a Variance to the pool location requirements to allow a pool in the side yard. Property located at 1220 Broadway Street North in the RB district. Nik Hawley, Performance Pools, applicant and Sam Mahn, property owner. Ms. Wittman stated that the property owners would like to install an 18' x 36' in -ground pool. The property is a corner lot that essentially has no rear yard. City Code indicates pools must be located in the rear yard at least ten feet from any property line. Therefore, the property owner is requesting a variance to locate the pool in the interior side yard of the property. Staff recommends approval with four conditions. Nik Hawley, Performance Pools, emphasized the intent is to keep everything behind the house. Chair Dybvig opened the public hearing. There were no public comments. The public hearing was closed. Motion by Commissioner Meyhoff, seconded by Councilmember Odebrecht, to approve Case No. 2022-12, Variance to the pool location requirements to allow a pool in the side yard at 1220 Broadway Street North. All in favor. Planning Commission March 23, 2022 Case No. 2022-13: Consideration of Variances to the Side and Rear Yard setbacks for an existing, six -unit apartment building. Property located at 516 Myrtle Street West in the RB district. Michael Koch of PMI Homes, Inc., applicant and Steve and Lynn Thron, property owners. Ms. Wittman reviewed the case. The applicants are requesting the City Council's consideration of a Resubdivision to split the property into two lots. The existing structure would not meet rear yard setbacks as a result of the resubdivision. Therefore, the owner is requesting a 5' variance from the RB two-family district rear yard setbacks of 25 feet to reduce the setback to 20 feet. The approval of the variance would re -orient the lot and eliminate the historic lawn area used for the former school. A neighbor voiced concern about the lot split and addition of a driveway, adding that the re -orientation would result in a small shed being in what would become the front yard. Staff finds that the proposed configuration is not inconsistent with the neighborhood and the property owner has shown that both properties resulting from the resubdivision generally conform to the intent of the Zoning Code. Therefore staff recommends approval of the variance with two conditions. Chair Dybvig opened the public hearing. Pat Kelly, 604 Myrtle Street, asked if the building would have a new address if the resubdivision occurs. Ms. Wittman said it would have a Martha Street address if the resubdivision is approved. Mr. Kelly said he has learned about his circa 1856 home and surrounding neighborhood from local historian Don Empson, who authored The History of the Greeley Residential Area. The German Schoolhouse (now the apartment building) is noted in the book. Mr. Kelly objects to changing the street address because the structure would then be lost in history. Additionally, the parking in the area is complicated by the Myrtle Street hill and the steep hill going down Martha Street to the east. There are 3-4 residents who park on Martha in the winter which would block sight lines from a future driveway and from Mr. Kelly's driveway. He also is concerned that a subdivision may put the remaining lot over imperious surface coverage limits. Ms. Wittman clarified the plans and said the design of a future new house would require Heritage Preservation Commission review. This hearing is for the variance. A new notice will be provided to neighbors regarding the subdivision. Chairman Dybvig closed the public hearing. Commissioner Hansen noted the lot is massive and the request is reasonable. Nothing on the lot will change if the variance is granted. Commissioner Steinwall agreed the variance request is minor. Concerns about the subdivision itself can be raised before the City Council or the Heritage Preservation Commission. Councilmember Odebrecht noted he has little concern that the address change would hinder historic researchers. Chairman Dybvig said his only concern is that the utility shed would end up in the front yard. He suggested adding a condition to move the shed to a different location on the property. Motion by Commissioner Hoffman, seconded by Commissioner Steinwall, to approve Case No. 2022-13, Variances to the Side and Rear Yard setbacks for an existing, six -unit apartment building at 516 Myrtle Street West with the two staff -recommended conditions, adding Condition #3 Page 2 of 5 Planning Commission March 23, 2022 stating "The garden shed shall be moved from the front yard prior to the release of new deeds." Motion passed 5-1 with Councilmember Odebrecht voting nay. Case No. 2022-17: Consideration of a Zoning Text Amendment regarding swimming pool locations. City of Stillwater, applicant. Ms. Wittman reported that the City restricts pools to the rear yard of properties. However, when a pool is proposed for a corner lot, this regulation is hard to achieve. The City has granted variances to allow for pools to be located in an interior side yard of corner lots. However, variances are intended for dimensional standards and, therefore, granting a variance to allow for a pool to be located in a side yard (opposed to a rear yard) is not entirely in line with the requirements set forth for the issuance of a variance. The City is requesting approval of a Zoning Text Amendment to establish pool location requirements for corner lots. Chairman Dybvig opened the public hearing. There were no public comments. He closed the public hearing. Motion by Commissioner Hansen, seconded by Commissioner Steinwall, to recommend that the City Council adopt an ordinance amending Stillwater City Code Chapter 31-514, Subd. 5 regarding Corner Lot Swimming Pools and amending Chapter 33- 2, Subd. 4(1) regarding Corner Lot Swimming Pools. All in favor. Case No. 2022-15: Consideration of a Conditional Use Permit for an Accessory Dwelling Unit and Variances to Maximum Accessory Structure Coverage. Property located at 1015 Olive Street West in the RB district. William and Ashleigh Harris, property owners. Commissioner Hansen recused himself from the remainder of the meeting noting a conflict of interest with this Case. Ms. Wittman stated that the property contains a single family residence, three -car garage converted from an old horse barn, and small garden shed (intended for removal). With the exception of the garden shed, the structures on this property were constructed prior to 1904. The property owners have begun to convert the former barn (turned three -car garage) into accessory structure space for their family. Their short-term use of this structure is for personal (not business) needs. Eventually they would convert the barn into an Accessory Dwelling Unit (ADU) to accommodate their family's needs. In the future, they also would like to attach a three -car garage onto the east side of the residence. The property owners are aware that some of the work already completed is in conflict with City Code. The City has asked the applicants to stop work and come into compliance with zoning code requirements prior to finishing the current exterior alterations. Properties in the RB zoning district may only have two accessory structures, specifically stating one garage and one other accessory structure, not to exceed 120 square feet. Since the property owners no longer intend to use barn as a garage, the 816 square foot structure does not conform to the 120 square foot maximum. Additionally, when combined with the future 1,144 square foot, three -car garage proposed for the future, the property would be well in excess of the maximum 1,000 square feet of accessory structure coverage. This request is multi -fold and the property owners have noted the work will be done in phases. The applicants intend to preserve the structures, remodel and reuse the former horse barn, which agrees with the City's preservation goals. The applicant is requesting: • A 696 square foot variance to the 120 square foot maximum "other" accessory structure size; • A 960 square foot variance to the 1,000 square foot maximum accessory structure coverage; • Variances associated with size and setbacks required for an Accessory Dwelling Unit; and • A Conditional Use Permit to allow for an Accessory Dwelling Unit in a historic barn. The City Page 3 of 5 Planning Commission March 23, 2022 received two comments from neighbors concerned about the size of the attached garage. Noting the unique factors to the property, staff recommends approval of the Conditional Use Permit and variances with nine conditions. Commissioner Steinwall asked, will the new garage built on the extra lot? Ms. Wittman answered yes. Staff recommends another condition that there be a lot combination prior to issuance of a building permit for the garage addition. Chair Dybvig asked, if the lot were subdivided, would the proposed garage then be in compliance with structural coverage requirements? Ms. Wittman replied it would probably be still well in conformance. William Harris, applicant, offered to answer questions. They have studied the history of the house, built in 1870, and want to preserve as much of the history as possible. Ashleigh Harris, applicant, said emphasized their desire to maintain the history of the property. They wish to use the former barn to expand their family space. Commissioner Steinwall asked why there are no plans yet for the ADU. Mr. Harris answered they do not plan to reconfigure the structure, only change its use. Ms. Wittman added that she discussed with the applicants the possibility of adding a bathroom which would not be allowed without it being an ADU. Commissioner Steinwall stated that the request for a CUP to allow for an ADU would not be needed if they are going to use the former barn only for additional family space. Mrs. Harris responded that City Planner Wittman informed them it would be best if they ever want to use that space for anything else in the future, and add a bathroom/water, that those future plans be considered now. Mr. Harris added that in the future they may want to use the space as a mother-in-law suite. Ms. Wittman said, because the Harrises had a long term vision, staff encouraged them to show the entire project. Councilmember Odebrecht said he appreciates the vision and historic context but underscored the need to keep working with the City so stop orders are not needed. Chair Dybvig opened the public hearing. Joe Metzger, 1008 Oak Street West, spoke in support of the project. Chairman Dybvig closed the public hearing. Commissioner Steinwall thanked the applicants for their historic preservation focus. She voiced concern that, because the overall size of the proposed ADU could be about twice that allowed by ordinance, there would be nothing to prevent future subdivision of this large parcel to create a new house in the rear yard. She suggested if there are no plans to create a living space but to use the barn for family space only, the request for a CUP should be withdrawn. Commissioner Knippenberg said the uniqueness of the property outweighs some of those concerns, and she appreciates the focus on preservation. Councilmember Odebrecht said a three car garage feels out of scale. He asked if the applicants would be comfortable with a two car garage. Page 4 of 5 Planning Commission March 23, 2022 Mr. Harris pointed out there are many historic houses with three -car garages. They want to mirror the look of the barn which currently has three stalls. Commissioner Hoffman noted when garage plans are done it will probably not dominate the lot. Motion by Councilmember Odebrecht, seconded by Commissioner Hoffman, to approve Case No. 2022-15, Conditional Use Permit for an Accessory Dwelling Unit and Variances to Maximum Accessory Structure Coverage at 1015 Olive Street West, with the nine staff -recommended conditions, adding Condition #10 stating, "The properties shall be combined with Washington County Property Records and Taxpayer Services prior to issuance of a building permit for the attached garage." Motion passed 5-1 with Commissioner Steinwall voting nay. NEW BUSINESS There was no new business. DISCUSSION There were no discussion items. FYI STAFF UPDATES City Administrator Ms. Wittman reported that a new City Administrator, Joe Kohlmann, has been hired. ADJOURNMENT Motion by Commissioner Steinwall, seconded by Councilmember Odebrecht, to adjourn the meeting at 8:11 p.m. All in favor. ATTEST: 1 Dybvig, Chair Tim Gladhill, Community Development Director Page 5 of 5