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HomeMy WebLinkAbout2023-03-29 PC MIN-AMENDED PLANNING COMMISSION MEETING MINUTES - AMENDED March 29, 2023 REGULAR MEETING 7:00 P.M. Chairman Dybvig called the meeting to order at 7:02 p.m. Present: Chairman Dybvig, Commissioners Cox, Hoffman, Steinwall, Swanson, Councilmember Odebrecht Absent: None Staff: Community Development Director Gladhill, Assistant Planner Gutknecht, Planning Manager Robinson Chairman Dybvig announced: 1) although the Sundance Project is listed on the agenda, the original application was withdrawn and will not be discussed at this meeting; 2) Commissioner Knippenberg has resigned her seat due to moving out of town. The Commission will seek applicants for three open seats this spring. APPROVAL OF MINUTES Possible approval of minutes of January 25, 2023 regular meeting Motion by Commissioner Cox, seconded by Commissioner Hoffman, to approve the minutes of the January 25, 2023 meeting. Motion passed 5-0-1 with Councilmember Odebrecht abstaining. 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 2022-86: Variance to Reduce Exterior Side Yard Setback at 503 4th Street North; Weitzel (Staff Reviewer, Ben Gutknecht, 651-430-8818) Assistant Planner Gutknecht reviewed the case. The applicant is seeking a sideyard setback Variance for reconstruction of a previously lawful, approximately 112 square foot enclosed porch to be set back approximately 7 feet from the exterior side yard lot line (25 feet required). In 2019, the property owner received a permit to remove a 112 square foot porch in the exterior side yard, with a plan to replace it shortly after. At the time of removal, the porch was considered lawful nonconforming and could have been replaced as it was, provided a building permit was applied for and issued within one year. However, due to other work being done at the property, the porch was not replaced within the life of the building permit and lost the legal non-conforming status. Based on the fact that this porch previously existed and Planning Commission March 29, 2023 Page 2 of 9 efforts were originally made to replace it under lawful, nonconforming protections, staff recommends approval with four conditions. Sheryl Weitzel, applicant, said she wishes to replace the porch originally built in 1920. Chairman Dybvig opened the public hearing. There were no public comments. He closed the public hearing. Motion by Commissioner Cox, seconded by Commissioner Steinwall, to approve the variance to the exterior side yard setback at 503 4th Street North, with the four staff-recommended conditions. All in favor. Case No. CD 2023-01: Variance to Lot Coverage (Building) and Setbacks Located at 505 Elm Street West; Wilson (Staff Reviewer: Tim Gladhill, 651-430-8821) Community Development Director Gladhill reviewed the application. The applicant is proposing a one-story, 2,169 square foot single-family dwelling. The Planning Commission approved a lot split to create this lot in 2021 (originally part of 819 William Street North). As part of that lot split, the property owner received a rear yard setback Variance for the existing home that remained on the original lot. The applicant (Wilson Construction Service, LLC/Michael Wilson) is seeking to purchase the property from Archangel Assets 4, LLC (Michael Russ). The 2,001 square foot building footprint (plus a future 168 square foot deck) totals 29% lot coverage (25% allowed). Staff has encouraged the applicant to reduce the footprint of the home to eliminate the need for a lot coverage Variance. Additionally, staff has indicated that the Heritage Preservation Commission (HPC) and Planning Commission may have concerns about the orientation of the garage which is required to be 10 feet back from the front of the home. In February the HPC reviewed the design and tabled action; the application will go to the HPC again in April. The City has until May 20, 2023 to take final action on this request, including HPC, Planning Commission and any potential appeal to the City Council. Staff recommends that the Planning Commission hold the public hearing and table final action until the HPC approves the building design (consistent with past practice). Mike Wilson, Wilson Construction Service, applicant, stated that he struggles with setting the garage back on that small of a lot and still having adequate space for the house. Chairman Dybvig opened the public hearing. Michael Russ, 501 Main Street North, property owner, stated they had a deal done on this property a year ago and the HPC decided they wanted a two story design with three bedrooms up, and it was not meeting the market conditions. The current design is much more marketable and sellable. Additional lot coverage is needed to get a one level rambler, thus the request for the Variance to get a sellable property. Chairman Dybvig closed the public hearing. Motion by Commissioner Steinwall, seconded by Councilmember Odebrecht, to deny Case No. CD 2023-01, lot coverage and setback Variances for 505 Elm Street West. Councilmember Odebrecht commented that he loves the design but the Variance must meet the practical difficulty test, and financial reasons are not allowed to come into the decision making. Chairman Dybvig noted he too fails to see a practical difficulty; the lot size is typical for this neighborhood. The design would fit in many other neighborhoods in Stillwater but the garage- forward design and trying to over-expand what is allowed by code can’t be justified here. Planning Commission March 29, 2023 Page 3 of 9 Commissioner Cox noted the Commission sees many lot coverage Variance requests. If the Variance were granted, once the house is built, there would be no wiggle room for a homebuyer to add exterior surfaces like a deck. Mr. Gladhill stated that staff will bring findings supporting the decision to the next meeting, and that the applicant or property owner has 10 days to appeal the decision to the City Council. All in favor. Case No. CD 2023-02: Variance to Maximum Accessory Structure Size located at 304 Holcombe Street South; Long/Ainsbury (Staff Reviewer: Ben Gutknecht, 651-430-8818) Mr. Gutknecht stated that the applicants and property owners are seeking a Variance for the expansion of a detached garage, increasing the total accessory structure and garage coverage to 1,640 square feet (1,000 square feet allowed). Currently there are two garages on the property: one is detached and behind the house, in the southwestern corner of the property, accessed from Holcombe Street. The other garage is attached to the principal dwelling, accessed from Olive Street. In 2019, the property owners received a Variance to the 1,000 square foot maximum accessory structure coverage to permit the construction of the attached garage. The property currently has a total 1,400 square feet of accessory structure and garage coverage. The applicants are now requesting a Variance to allow a 240 square foot expansion to the detached garage to provide additional storage area for garden furniture. While the lot is unique in size for this neighborhood, the plight outlined by the landowner that there is an inability to store items in a garage does not satisfy the required practical difficulty requirements. Staff recommends denial. Tim Dean, Barton Construction, applicant, pointed out in 2019 it was the opinion of the board that the policy could potentially be re-evaluated to take into account different situations such as this. The policy was enacted to prevent garage-dominated properties but as written, it takes a one size fits all approach. The property is the size of three traditional lots. The addition of 240 square feet to the back of the existing detached garage in the rear corner of the lot is in full harmony with the intent of the policy and with the neighborhood. He asked the Commission to focus on the intent of the policy rather than the letter of the law. Chairman Dybvig opened the public hearing. There were no public comments. Chairman Dybvig closed the public hearing. Motion by Councilmember Odebrecht, seconded by Commissioner Cox, to deny the Variance to Maximum Accessory Structure Size at 304 Holcombe Street South. Councilmember Odebrecht remarked that no malice is intended, but unfortunately storage needs do not meet the practical difficulties test. Chairman Dybvig agreed, adding the City needs to figure out new standards for large lots. Planning Manager Robinson noted staff is working on the issue and hopes to bring the accessory structure text to the Commission in April. All in favor. Case No. CD 2023-03: Conditional Use Permit to allow a Restaurant in the Central Business District located at 224 Chestnut Street East; Tossed Restaurant (Staff Reviewer: Yasmine Robinson, 651-430-8822) Planning Manager Robinson stated that the applicant is seeking a Conditional Use Permit (CUP) for a new restaurant. Staff finds that the proposed use is consistent with relevant area Planning Commission March 29, 2023 Page 4 of 9 plans and the existing land use pattern of downtown Stillwater, that appropriate conditions have been imposed to protect the public interest, and that the use will not constitute a nuisance or be detrimental to the welfare of the community. Staff recommends approval with three conditions. Tianna Nelson, 15242 64th Street, Oak Park Heights, applicant, explained her business model. Commissioner Steinwall asked what is the plan for collecting waste, and Ms. Nelson said customers will be responsible for their own garbage but all food containers will be eco friendly. Chairman Dybvig opened the public hearing. There were no public comments. He closed the public hearing. Motion by Commissioner Hoffman, seconded by Commissioner Swanson, to approve the CUP to allow a Restaurant in the Central Business District located at 224 Chestnut Street East with the three staff-recommended conditions. Commissioner Steinwall commented that all restaurants should be treated similarly regarding provisions for waste disposal. She offered a friendly amendment adding a fourth condition that the applicant provide for outside garbage and recycling containers; Commissioners Hoffman and Swanson (maker and seconder of the motion) agreed. All in favor. Case No. CD 2023-05: Interim Use Permit for Seasonal Food Vending Trailer located at 425 Nelson St; Dock Cafe (Staff Reviewer: Yasmine Robinson, 651-430-8822) Ms. Robinson explained that the applicant is seeking an Interim use Permit (IUP) for a food vending trailer at 425 Nelson Street, the Dock Café. The trailer would occupy parking spaces along the fence line that borders the patio area from April 1 to October 31, 2023. The proposed trailer would be approximately 20 feet long, 8 feet tall and 8 feet wide. The north side patio and building would serve only Dock Café patrons, and the south patio and parking lot area would be reserved for the proposed trailer. On February 15, 2023, the HPC approved the proposed design with conditions. The required parking quota of 17 spaces for the Dock Café is still met if the proposal is approved. Staff recommends approval of the IUP with six conditions. Councilmember Odebrecht asked, when the parcel was originally platted in the 1980s, where is the raingarden that was supposed to protect the river from parking lot runoff? He is concerned that the raingarden area was paved over 40+ years ago. Ms. Robinson said showed the supposed area on the drawing, and added that if the City and land owner move forward with a raingarden, some space will be lost. The applicant is not the property owner but staff can open up clarifying conversations with the property owner. Commissioner Steinwall asked if staff has considered parking and traffic flow related to the food truck, especially patrons walking through the parking lot to order from the food truck. Ms. Robinson replied the applicant is open to looking at pedestrian circulation controls. Erika Wallace, Dock Café Director of Operations, and John Koch, owner of the Dock Café, 425 Nelson Street East, applicants, offered to answer questions. Mr. Koch said the food truck will have Mexican street food, totally different from the restaurant. This is an experiment and if it does well, they will talk to the City about building a kitchen out there. Chairman Dybvig asked how many parking spaces they have, and Mr. Koch answered 27. Planning Commission March 29, 2023 Page 5 of 9 Commissioner Steinwall asked what is the trash disposal plan, and Mr. Koch answered there are many garbage containers and garbage is bagged every hour, plus four dumpsters that are emptied daily in the summer. Chairman Dybvig opened the public hearing. There were no public comments. Chairman Dybvig closed the public hearing. Motion by Councilmember Odebrecht, seconded by Commissioner Swanson, to deny the IUP for placement of a Seasonal Food Vending Trailer at the Dock Café. Councilmember Odebrecht explained that 1) it blocks the view of the river; and 2) when the raingarden is completed, the business will be short on space for parking and existing traffic. Commissioner Swanson agreed, adding that the pedestrian flow might be challenging, the high volume of people may be unsafe, and exacerbate existing downtown parking issues. Chairman Dybvig concurred it appears the trailer would be removing four parking spaces bringing it down to 23 spaces. Commissioner Cox brought up other restaurants that do not have dedicated parking lots, yet they have places for their patrons to visit and make it a vibrant downtown area. She feels this food truck is a creative way to use the space. Commissioner Hoffman said he likes the idea that the food truck will capture pedestrian traffic from the Loop Trail, and having quick access to food versus a sit-down restaurant is appealing. Chairman Dybvig said he would like to resolve the raingarden issue first, which will eliminate even more parking. Commissioner Steinwall suggested that an additional condition of approval could be to make it abundantly clear that the IUP is temporary and will expire, and build into the record and the conditions, if that can be done legally, that there must be a raingarden plan going forward. Mr. Gladhill reminded the Commission it is dealing with two separate parties. The business owner does not own the property, and raingardens of this scope don’t happen overnight, they must go through design and watershed district approvals, and City Engineer and City Attorney reviews. If parking is an issue, the City charges $9 a day to reserve a public parking stall and the Commission could apply that here. Councilmember Odebrecht suggested an amendment to the motion to include that it is without prejudice so the applicant may come back and reapply once this is resolved. Commissioner Swanson (seconder) accepted the amendment. Commissioner Cox asked if the Commission can impose a deadline on a raingarden, and if there is already discussion happening with the owner about the raingarden being paved over. Mr. Gladhill replied there are no active conversations about enforcement. This resurfaced with surveying for the riverwalk project. It is flagged as a medium priority to follow up with the property owner but staff has not taken any immediate action. Commissioner Steinwall suggested allowing the applicant to do this new plan just this year and the raingarden issue will need to be solved if they reapply for another IUP in 2024. Commissioner Swanson said he appreciates the goals of drawing boat traffic and trail traffic to the food truck. However with the parking situation that the City is trying to remedy, potential pedestrian issues, and the aesthetics of a temporary trailer, he will vote for denial. Planning Commission March 29, 2023 Page 6 of 9 The motion for denial of the IUP without prejudice failed 2-4, with Chairman Dybvig and Commissioners Hoffman, Steinwall and Cox voting nay. Commissioner Steinwall said a possible motion would be to approve the IUP with three conditions: 1) the IUP will expire October 31, 2023; 2) the City shall be reimbursed for the loss of any parking spaces taken by the trailer at the going rate (for public spaces); and 3) it is the Planning Commission’s expectation that the raingarden be addressed, that the applicant will need to tell the property owner this. Commissioner Swanson suggested adding the contingency that they need forward motion on the raingarden by August 1, and make this a part-year permit until August 1, and if there is no movement on the raingarden then it be denied for the rest of the season. Mr. Gladhill recapped the proposed conditions: the loss of 2-4 parking stalls be reimbursed at $9 per day, and the IUP runs May 1 till August 1. He said he has some concerns about the timing until August 1 being hard to track. Motion by Commissioner Steinwall, seconded by Councilmember Odebrecht, to approve the IUP for this service with the following conditions: 1) it expires on August 31 with the record showing that it is the expectation of the Planning Commission that there will be forward motion toward the raingarden; 2) that parking mitigation fees for the number of stalls lost by placement of the trailer be paid to the City. All in favor. Case No. CD 2023-06: Conditional Use Permit to allow a Restaurant in the Central Business District at 221 Myrtle Street East; Misenor (Staff Reviewer: Yasmine Robinson, 651-430-8822) Ms. Robinson stated that the applicant is seeking a Conditional Use Permit (CUP) for a new restaurant 221 Myrtle Street East. Staff recommends approval. Anthony Misenor, applicant, via Zoom, explained his restaurant plan. Chairman Dybvig opened the public hearing. There were no public comments. Chairman Dybvig closed the public hearing. Motion by Commissioner Hoffman, seconded by Commissioner Cox, to approve the CUP for a restaurant at 221 Myrtle Street East. Commissioner Steinwall suggested a friendly amendment requiring garbage containers, and the maker and second of the motion agreed. All in favor. Case No. CD 2023-07: Conditional Use Permit and Preliminary Plat for Rocket Car Wash, 2001 Washington Avenue South Ms. Robinson reviewed the case. The applicants are seeking approval of Preliminary and Final Plats, and a CUP for the construction of Rocket Car Wash at 2001 Washington Avenue. The proposed development seeks to create a 1.6-acre parcel located in the southeast portion of the existing lot that would contain a 6,400 square foot car wash with vacuum cleaners and parking. During the review of the Caribou Cabin development, a traffic study concluded that all the intersections would operate at acceptable levels of service except the intersection of Washington Avenue and Frontage Road, however the present service level is not expected to change with the proposed development. The proposed facility would be accessed at the northeast portion of the site, and vehicles would queue in one of three bays that lead to one wash tunnel. She showed the proposed traffic pattern. Due to potential concerns about traffic Planning Commission March 29, 2023 Page 7 of 9 circulation on the site, staff recommends that the Planning Commission refer this application to the City Council as one package. Commissioner Swanson noted when discussing the Caribou Coffee development, the Commission had questions on traffic volume and potential conflicts for Washington Avenue, being so close to Frontage Road. Ms. Robinson acknowledged the traffic study addresses that intersection but concludes that the added volumes from this site and the Caribou site do not degrade the level of service lower than it is now. Commissioner Steinwall asked if the traffic study addressed any further development at this site, and Ms. Robinson replied she doesn’t believe the traffic study looks at any future development at the Herberger’s/Harbor Freight site or any of the other parcels. Chairman Dybvig asked, if a parking lot abutted a public street, would the City allow movement to be within that public street, for example could cars back into the public street to exit? Mr. Gladhill answered the City would not allow a parking lot to be paved right up to a public street, but this isn’t a public street. Michael Givens representing Mikden of Stillwater, applicant, offered to answer questions. Commissioner Steinwall asked about the plans for the remainder of the site. Mr. Given stated they have 28,000 square feet vacant in the middle of the building and there has been no interest in that space over the last couple months. They have a separate lot to the west and there has been no interest in that lot either. He doesn’t believe the traffic study included the middle tenant as it is difficult to build a study without knowing the use. Commissioner Steinwall asked if there will be enough parking when the center of the building is leased. Mr. Givens replied they feel they have enough parking for several different types of users. Chairman Dybvig opened the public hearing. Jeremiah Harder, 222 South 15th Street, Omaha, NE, Vice President of Construction and Development for Rocket Car Wash, explained the business. Vehicle circulation and stacking have been addressed. He explained the equipment and process in detail. Commissioner Swanson asked the expected daily customer count, and Mr. Harder said they don’t have a daily count but they project annual membership around 7,000 for this site. Commissioner Steinwall asked for comments on the traffic flow in and out of the site, and Mr. Harder replied this is one of the simpler sites across the country. There will be wayfinding signs and personnel to direct traffic. Chairman Dybvig closed the public hearing. Motion by Councilmember Odebrecht, seconded by Commissioner Steinwall, to deny the CUP for Rocket Car Wash. Councilmember Odebrecht said he is concerned that the intersection at the frontage road and Washington will not be able to take this amount of traffic, it is barely able to function now and engineers are working on a solution. Commissioner Steinwall agreed with concerns about traffic flow. Planning Commission March 29, 2023 Page 8 of 9 Commissioner Swanson agreed the intersection is overwhelmed already. The car wash is a great product, so it’s not the car wash’s fault. Ms. Robinson offered an alternative of tabling to get more detailed information about what might be needed to mitigate traffic. Commissioner Cox asked if there is a way to be creative, for example to only use Tower Drive as entry and exit. Chairman Dybvig said for him the real issue is the platting, trying to create a lot that doesn’t have access to a public street, having to go through somebody else’s lot to get to a public street. Mr. Gladhill said he is hearing two major findings for the record: the traffic (intersection) cannot sustain the additional traffic, and there is no access on a public road. Chairman Dybvig remarked that the Commission is also supposed to be making a recommendation to the City Council on platting. Councilmember Odebrecht agreed to amend the motion to recommend denial of the Preliminary Plat, and Commissioner Steinwall (seconder) agreed. Commissioner Swanson asked Ms. Robinson to clarify for the record which intersections and roads were included in the traffic study. Motion passed 5-1 with Commissioner Cox voting nay. NEW BUSINESS There was no new business. DISCUSSION Discuss potential updates to Mobile Food Unit (Food Truck) Regulations (Staff Reviewer: Tim Gladhill, 651-430-8821) Mr. Gladhill said this discussion was originated by the HPC which has addressed a series of these inquiries, questioning how does this relate to design guidelines, and is it fair to allow these mobile food units while being fairly particular about the design of buildings? The HPC forwarded a recommendation to the City Council to allow mobile food units only seasonally May 1-October 31. At its March workshop, the Council generally agreed. Also, recently staff started to discover mobile food units outside of downtown, so tweaks are needed, like having more flexibility in the West Stillwater Business Park and areas where it makes sense. Commissioner Steinwall asked if the update will include provisions for trash removal, and Mr. Gladhill replied yes, conditions can be added. Councilmember Odebrecht said the City is over-thinking this. The food units are on wheels, so they should be moved. Chairman Dybvig agreed. Maybe they should get a ticket if they stick around in downtown every night. Commissioner Cox asked if there is a need to change the existing ordinance. Mr. Gladhill replied staff gets far more inquiries than those on the agenda. The ones that come to the Commission level are those that generate concerns, for instance when it starts being a permanent fixture. The brick and mortar restaurants also express concerns that they pay for Planning Commission March 29, 2023 Page 9 of 9 parking and property taxes while food units do not. Staff will have a draft ordinance in the next month or two for the Commission to consider. FYI STAFF UPDATES Update on Sundance Stillwater Project Proposal (80th and Manning Area) Mr. Gladhill stated an initial application for a zoning amendment was brought to the City Council at a March workshop. It didn’t perfectly fit any of the medium density residential districts. The Council is firm on abiding by the 100 foot right of way setback on Manning. So the applicant withdrew the zoning amendment with the intent to come back. A new concept is anticipated to be presented to the City Council in June. At that point they will decide if an official application will come in. He emphasized it is not a done deal and there will be ample opportunity for public input. ADJOURNMENT Motion by Commissioner Hoffman, seconded by Commissioner Steinwall, to adjourn the meeting at 9:02 p.m. All in favor. John Dybvig, Chair ATTEST: ______________ Tim Gladhill, Community Development Director Resolution PC 2023-03, Variance Request to Decrease the Exterior Sideyard Setback to Facilitate Construction of an Addition at 503 4th Street North Resolution PC 2023-04, Resolution Adopting Written Findings for Denial of a Variance to Exceed the Maximum Allowable Garage Area of 1,000 Square Feet at 304 Holcombe Street South, Stillwater, Minnesota Resolution PC 2023-06, Conditional Use Permit to Facilitate a Restaurant Located at 224 Chestnut Street. All in favor. Resolution PC 2023-07, Interim Use Permit to Facilitate the Placement of a Seasonal Food Vending Trailer at 425 Nelson Street (Dock Café) Resolution PC 2023-08, Conditional Use Permit to Facilitate a Restaurant Located at 221 Myrtle Street East