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HomeMy WebLinkAbout2023-01-25 PC MIN(499ateir THE lINTNELACE OF MINNESOTA PLANNING COMMISSION MEETING MINUTES January 25, 2023 REGULAR MEETING 7:00 P.M. Chairman Dybvig called the meeting to order at 7:00 p.m. Present: Chairman Dybvig, Commissioners Cox, Hoffman, Steinwall, Swanson Absent: Councilmember Odebrecht, Commissioner Knippenberg Staff: Assistant Planner Gutknecht, Planning Manager Robinson APPROVAL OF MINUTES Possible approval of minutes of November 16. 2022 regular meeting Motion by Commissioner Cox, seconded by Commissioner Steinwall, to approve the minutes of the November 16, 2022 meeting with a clarification on Chairman Dybvig's opposing vote on the motion to recommend that the City Council approve Case No. 2022-79. 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. CD 2022-73: Variance for 1824 1st Street North (Rambacher Residence) (Staff Reviewer: Tim Gladhill, 651-430-8821) This request has been postponed until further notices. - Request has been postponed Case No. CD 2022-83: Text Amendment and Conditional Use Permit for a new dance studio at xxx Washington Ave (Curio Dance) (Staff Reviewer: Ben Gutknecht, 651-430-8818). Assistant Planner Gutknecht reviewed the case. The applicant, Curio Dance & School is seeking a Zoning Ordinance Text Amendment, to amend the existing land use table to include "Indoor Commercial Recreation" as a Permitted Use in the BP -I district and amend the existing definition to better encapsulate commercial recreation uses and create categories for indoor and outdoor. The current uses and definitions for commercial recreation are very specific and can be difficult to interpret. To rectify this, staff is proposing a minor amendment to the "Commercial Recreation" definition to make it more inclusive and to differentiate indoor and outdoor uses. Staff, in conjunction with the City Attorney, is proposing to allow the use in the BP -I under the new definition, "Indoor Commercial Recreation" (Option A). Staff is also proposing the creation of "Outdoor Commercial Recreation" as a conditional use in the Commercial districts, to help clarify where the indoor and outdoor commercial recreation will primarily be permitted and by what mechanism. Alternatively, if the Commission wanted to Planning Commission January 25, 2023 allow the Indoor Commercial Recreation use in the BP -I district, but with additional controls, the Commission could amend the Zoning Text Amendment to require the Indoor Commercial Recreation be a Conditional Use (Option B). If this is the case, the applicant has prepared a complete Conditional Use Permit (CUP) application for their review. Staff recommends that the Planning Commission recommend that the City Council approve the ordinance amendment to the definitions and non-residential districts use table. Commissioner Steinwall asked how to proceed if a recreational use has elements of both indoor and outdoor recreation, and Ms. Robinson answered that staff would categorize it into one particular category based on information from the applicant. Commissioner Steinwall said in some situations where further controls might be necessary, she would lean toward classifying all commercial recreational use as a conditional use to provide more flexibility in some situations. Commissioner Hoffman asked if control would be lost, for example regarding lighting standards, if a Conditional Use Permit is not required. Ms. Robinson replied even if a Conditional Use Permit is not required, all the standards that would be required for a CUP would be looked at the staff level instead of coming to the Commission. Dario Mejia, Curio Dance Artistic Director and Choreographer, said the studio has been looking to expand to larger space for more than a year. He explained the studio's operational model. Chairman Dybvig opened the public hearing. There were no public comments. Chairman Dybvig closed the public hearing. Ms. Robinson noted if the Commission goes with the CUP option, the Commission could make a decision on this CUP as the applicant has provided this information as well. Motion by Commissioner Steinwall, seconded by Chairman Dybvig, to recommend that the City Council adopt an Ordinance Amending City Code Chapter 31, Section 31-101 and Section 31-325 regarding Commercial Recreation Definitions and Business Park - Industrial Allowable Uses using Option B, that commercial recreation uses whether indoors or outdoors or some combination of the two, all be subject to a CUP. Commissioner Hoffman summarized that the question about Option A or B is about retaining control of the Planning Commission over the process, and to provide the opportunity for a public hearing on the CUP. Commissioner Cox remarked, based on staff saying they would be reviewing all pieces of an application, she is fully behind making the proposed text amendment, allowing staff to ensure the requirements are met. Commissioner Swanson noted that both options have merit; Option A still has all the requirements that must be met and allows staff to proceed without going through additional steps. Chairman Dybvig said for him, the difference is indoor vs outdoor activities. If most of their activity is outdoors, they should have to come before the Commission. He feels that in a commercial area a public hearing is not as critical. Noting that this particular commercial park abuts residential areas, Commissioner Steinwall said she favors Option B because it provides the public an opportunity to come forward and weigh in on various proposals. Page 2 of 4 Planning Commission January 25, 2023 The motion to recommend requiring a CUP across the board for both indoor and outdoor uses failed 2-3 with Commissioners Cox, Hoffman and Swanson voting nay. Motion by Commissioner Swanson, seconded by Commissioner Cox, to recommend that the City Council approve Option A with no change to the proposed text amendment. Motion passed 4-1 with Commissioner Steinwall voting nay. Case No. 2022-85: Variance request to reduce the required garage front yard setback distance to facilitate the construction of an attached garage located at 1229 3rd Avenue South Assistant Planner Gutknecht reviewed the case. The property owner, Mark Ogren and representative, Bob Moser are seeking a Variance from the Planning Commission for a reduction of the required front yard setback for the construction of an attached garage. City Code requires the garage be set back at least ten feet from the front of the principal dwelling. If approved, the proposed Variance would facilitate the construction of an approximate 400 square foot garage in line with the principal dwelling (zero setback, 10 feet required). The project site has a lot area of 32,814 square feet and currently contains a single -story, approximately 1,800 square foot single-family dwelling and attached garage built in the 1950s. The applicant is proposing to demolish the existing principal dwelling and construct a new single-family dwelling, including the attached garage. The applicant appeared in front of the Heritage Preservation Commission (HPC) on January 18, 2023 related to a Design Permit for the proposed structure, which was approved with conditions related to staff approval of some of the exterior materials. Given that the overall proposal is replacing a structure `like -for -like' and setting the structure (and garage) further from the street, staff recommends approval of this request with five conditions. Additionally, in future code updates, staff recommends that the City clarify when front porches may count towards the 10-foot garage setback to the front of the home and when a front porch is simply an 'appurtenance' and not used to consider the garage setback from the front of the home. Mark Ogren, applicant, offered to answer any questions. He takes issue with the interpretation of the setback and feels it is unfair to consider the leading edge of the home as something other than the porch. They appreciate the support from staff. Chairman Dybvig opened the public hearing. Connie Ryan Oaks, 1234 3rd Avenue South, said the proposed home will obliterate much of the river view that she now enjoys. At the HPC meeting there was much discussion about how the mix of small and large homes in Stillwater neighborhoods is a positive thing, and much discussion of other homes proposed for demolition; she expected more deliberation on the possible demolition of this home. She would like this house to be treated by the same criteria and standards of other buildings discussed at that meeting. Chairman Dybvig closed the public hearing. Motion by Commissioner Cox, seconded by Commissioner Hoffman, to approve the Variance with the five staff -recommended conditions. Commissioner Steinwall asked staff to summarize what happened at the HPC meeting, and Ms. Robinson explained that there were several demolition applications for pre-1946 structures. The home at 1229 was built in 1950 so it does not fall under those demolition standards. This application was in front of the HPC for a design permit because of its location in the Neighborhood Conservation District. Page 3 of 4 Planning Commission January 25, 2023 Commissioner Cox said she appreciates the incredible steep incline at the back, and placement of the new home back on the lot, as well as the addition of the front porch. The applicant is doing many things to make this fit with the neighborhood. Commissioner Hoffman agreed the applicant has spent a lot of time and effort to make the home fit in better. Chairman Dybvig said generally he opposes garages lining up across the front, but in this situation, the structure is moved further back away from the street to line up better, and the current house has the same issue. This seems to fit better into the neighborhood. All in favor. Case No. 2022-86: Variance request to reduce exterior side yard setback to facilitate the reconstruction of a porch located at 503 4th Street North Chairman Dybvig noted this case has been postponed. NEW BUSINESS There was no new business. DISCUSSION There was no further discussion. FYI STAFF UPDATES There were no staff updates. ADJOURNMENT Motion by Commissioner Hoffman, seconded by Commissioner Cox, to adjourn the meeting at 7:52 p.m. All in favor. ATTEST: Join Dybvig, Clir Tim Gladhill, Community Development Director Page 4 of 4