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HomeMy WebLinkAbout2023-09-27 PC MIN(499ateir THE lINTNELACE OF MINNESOTA PLANNING COMMISSION MEETING MINUTES September 27, 2023 REGULAR MEETING 7:00 P.M. Chairman Dybvig called the meeting to order at 7:00 p.m. Present: Chairman Dybvig, Commissioners Cox, North, Steinwall, Councilmember Odebrecht Absent: Commissioners Hoffman and Swanson Staff: Community Development Director Gladhill, Planning Manager Gutknecht APPROVAL OF MINUTES Possible approval of minutes of August 23, 2023 regular meeting Motion by Commissioner Cox, seconded by Commissioner Steinwall, to approve the minutes of the August 23, 2023 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. CD 2023-54: Variance to Impervious Surface for the construction of an accessory building Cdetached garage) at 617 Wilkins Street Assistant Planner Gutknecht explained that the applicant, Bryce Hanson and representative, Dion Langness are seeking a Variance to construct a 576 square foot accessory structure, increasing the total structural impervious coverage to 25.4%. The 6,339 square foot residential lot contains a one and a half story single-family dwelling built in 1876 and currently has an outdoor parking area with no garage. As outlined by the landowner, they would like to have a larger garage to accommodate a larger vehicle needed for his work, which does not satisfy the practical difficulty requirements. There is enough area for a garage, albeit smaller than the one proposed. Staff recommends denial of this request. Donette (no last name given), Bryce's stepmom, argued that the proposal meets the practical difficulty requirement because the lot is nonconforming, being less than 7,500 square feet. The request is reasonable because they have offered alternatives of removing some of the gravel, reducing the impervious surface, and adding gutters to direct drainage away from the stormwater system. The practical difficulty is not the fault of the owner, as Mr. Hanson did not zone the lot nor choose the lot size, but it feels like he is being slighted because of it. Planning Commission September 27, 2023 Dion Langness stated that the vehicle is what he considers a normal crew sized pickup truck. Councilmember Odebrecht remarked lots throughout the City have the same challenge. The Commission cannot bend that rule for everyone. Donette pointed out that State Statutes provide a window for cases like this where they are looking for .4% and will improve drainage and runoff. Statute says such a Variance can be granted with conditions such as they have suggested. Chairman Dybvig opened the public hearing. Adam Frederick, 1005 Williams Street North, noted the previous owner compacted the gravel driveway almost annually, so he feels construction of the garage will not negatively impact the property and he has no problem with the garage proposal. Chairman Dybvig closed the public hearing. Planning Manager Gutknecht stated the outbuilding shown on aerial photos is part of the structural impervious surface so removing that would decrease the total. Mr. Gladhill, answering a question about the accuracy of the property lines, stated they are accurate within a foot or two but are not survey grade. If the applicant feels the outbuildings shown on aerial photos are partially on his property, he could consult the neighbor about possibly removing them to reduce the impervious surface coverage. Motion by Commissioner Steinwall, seconded by Councilmember Odebrecht, to approve Case No. CD 2023-54, Variance impervious surface to permit construction of the garage as proposed by the applicant. Councilmember Odebrecht agreed with the motion but wanted to be clear that the lot lines themselves do not create a practical difficulty. Chairman Dybvig stated approving the Variance could lead to similar requests. He looked up the truck dimensions and determined they could still build the garage 22 feet long and accommodate the truck. He feels there is no practical difficulty. Councilmember Odebrecht explained to the homeowner that the Commission's job is to act like a quasi judicial committee to interpret the rules that have already been created for the City. Chairman Dybvig pointed out that if one of the outbuildings is identified as being on this property, the applicant may be able to build the garage as proposed and reviewed by staff, without going over the coverage amount. Mr. Gladhill added that staff would be able to work within the 60 day clock. Commissioner Steinwall withdrew her motion to approve the Variance. Motion by Commissioner Steinwall, seconded by Commissioner North, to table Case No. CD 2023- 54, Variance to impervious surface for the construction of a detached garage at 617 Wilkins Street, to the October meeting. All in favor. Case No. CD 2022-19: Variance to Setbacks for Exterior Decks at Chapel Hill Flats (Landucci Construction) Community Development Director Gladhill stated that the applicant wishes to amend the previously approved Conditional Use Permit (CUP) to add five foot deep balconies projecting from the exterior walls on three sides of the building (3rd Street/front, north facade/side interior, east facade/rear). There would be no projections on the Myrtle Street facade. The Page 2 of 5 Planning Commission September 27, 2023 Heritage Preservation Commission (HPC) approved the revised design. However, the addition of balconies requires a setback Variance from the Planning Commission. Staff has reviewed this inquiry with the City Attorney on multiple occasions over the past year. It is the City Attorney's legal opinion that the balconies must meet the minimum required setbacks per City Code Section 31-514 (Miscellaneous residential and non-residential performance standards). City Code allows a maximum projection of three feet for the purpose of fire escape, which these balconies are not. From a design standpoint, the HPC believes that, despite the need for a Variance, balconies will improve the design of the proposed building. Staff struggles to determine a practical difficulty to justify the Variance. A draft resolution for approval is in the packet; if the Commission decides to deny the request, a new resolution will be brought back to the next meeting to ratify the findings. Nathan Landucci, applicant, explained there would be 17 balconies on the 21 unit building. From a 2D perspective, the five foot projecting balconies would look identical to the current design where the balconies are up against the sliding doors. He stated that the HPC agreed that from an architectural standpoint, having a balcony was more appealing than having the "gate" right in front of the door. Chairman Dybvig opened the public hearing. Anne Anderson, 110 Myrtle Street East, asked if she and her husband want to do anything with their property in terms of expansion or garage, would there be anything prohibiting them from doing that if the inhabitants of the Landucci building have balconies looking east? Mr. Gladhill replied nothing that this developer is going to do on his own property will impact 110 Myrtle Street. What is being discussed is not an encroachment on a property line, but a setback. Ms. Anderson said there are other situations in the City where buildings have been built in front of other buildings, so would that be an issue down the road? Mr. Gladhill replied allowing a building in front of another building seems like a whole other conversation. Chairman Dybvig restated, whichever way the Commission decides tonight, the Andersons don't lose any rights. Todd Anderson, 110 Myrtle Street East, asked what is the current setback, and Mr. Gladhill answered each property line has a slightly different setback. The minimum setback on Third Street is 15 feet and the footprint of the structure itself is at 15 feet. There is no encroachment on Myrtle Street. The minimum sideyard setback is 25 feet total between the two side property lines (north and south). The developer has pushed that very close to the northern property line so there is just shy of 20 feet total between those two. On the east side, the foundation of the building is right at the 20 foot setback. The proposed balconies would be about 15 feet from the property line and there is ample distance from the property line to the Anderson home. Chair Dybvig closed the public hearing. Commissioner North asked for clarification between a three foot and five foot allowance for a balcony. Mr. Gladhill answered he can't speak to why three feet is allowed for fire balconies other than having proper egress for emergency. The building is already into the minimum setbacks. The Page 3 of 5 Planning Commission September 27, 2023 portion of the building that is above grade is at the setback line. The subgrade footprint is larger than above grade, to make the parking work. Motion by Councilmember Odebrecht, seconded by Commissioner Steinwall, to deny Case No. CD 2022-19, Variance to Setbacks for Exterior Decks at Chapel Hill Flats, 107 3rd Street N. Commissioner Cox remarked the proposal pushes the envelope too far. Chair Dybvig said he can't see any practical difficulty. The building fit within the parameters previously and he doesn't see anything that has changed on the property since then. Commissioner Steinwall commented this is a plight created by the landowner, not by unique circumstances relating to the property. Economic considerations to make units more appealing are driving the request. All in favor. Mr. Gladhill said a new resolution will be drafted for the next meeting to adopt the official findings of fact based on discussion. The applicant has 10 days to appeal the denial to the City Council. Case No. CD 2022-48: Ordinance Amendment of 31-514.1 Cannabis -related uses Mr. Gladhill presented a possible zoning ordinance amendment which allows manufacturing of THC-infused beverages as an accessory use at breweries and distilleries, and allows the sale of THC-infused beverages at off -sale liquor establishments. The Planning Commission is asked to make a recommendation to the City Council. There have been rapid State legislative changes in regard to CBD and Cannabis manufacturing, uses and sales. Tonight's recommendation will be forwarded to next week's City Council meeting for first reading of the ordinance and for an October 17 public hearing. Chairman Dybvig opened the public hearing. Dave Anglum, VP of Adult Beverage for Cub Foods, 421 Third Street, stated Cub Foods has taken a very persistent approach to the process. Cub is owned by UNFI which is a much bigger company that has done due diligence with finance and insurance to open up cannabis sales for the 15 stores that are actively selling. Under the current format, Cub Foods may be the only liquor store in the City of Stillwater that is not selling THC products despite the moratorium in place. Cub is asking for a fair representation across the entire municipality so they are allowed to do what everybody else is presently doing. They have checks and balances in place for training, and already do carding for all alcohol sales. Chairman Dybvig closed the public hearing. Councilmember Odebrecht noted manufacturing, on sale and off sale are very different. He has no problem with manufacturers making and selling THC infused beverages where permitted. If a store is selling alcohol or tobacco to minors, City police can take care of it. If they're selling marijuana, enforcement goes to this giant agency that isn't set up yet. He does not see a strong consensus on the City Council but does not think any Councilmembers are anti cannabis. The Council just wants to drag its feet a bit. Chairman Dybvig remarked there are a lot of other communities that are making it happen. He is fine with allowing manufacturing and also advocates for allowing off sale. Commissioner Cox commented if the craft beer industry is declining, and Lift Bridge can't make CBD products on the other side of the river at the new facility they're planning, it Page 4 of 5 Planning Commission September 27, 2023 becomes possible that on this side of the river it becomes a primary use and the beer gets produced on the other side of the river. She can see it switching if the demand for these types of products is growing that quickly. Commissioner Steinwall said she would recommend to the Council that the ordinance as drafted be adopted, primarily because it's a rapidly changing landscape and the City is going to have to reconcile the ordinance in 2025 with State law. She doesn't think the City should handicap its liquor stores. Commissioner North echoed Commissioner Steinwall's comments, the City shouldn't inhibit or slow down businesses that want to do business under the law. He is fine with manufacturing and off sale being in the same document. Motion by Commissioner Steinwall, seconded by Commissioner Cox, to recommend that the City Council adopt the zoning ordinance amendment as drafted. Motion passed 4-0-1 with Councilmember Odebrecht abstaining. NEW BUSINESS There was no new business. DISCUSSION There were no discussion topics. FYI STAFF UPDATES Mr. Gutknecht led discussion of possibly allowing drive-thrus in the Neighborhood Commercial District. The specific request came from Nelson's Ice Cream which attempted to have a drive through earlier in the year that generated a complaint. Commissioner Steinwall said she is disinclined to approve drive-thrus in the Neighborhood Commercial District because of traffic concerns and abutting neighbor concerns. Chairman Dybvig agreed with the concerns expressed. Commissioner Cox said she doesn't want to limit businesses and say it can never happen, but the location is really tough. Commissioner North said he doesn't want to inhibit business but is concerned about impact on traffic. Mr. Gladhill summarized there is fairly strong consensus opposing an ordinance change to allow drive-thrus in this district. Nelson's may bring it up at an open forum at a City Council meeting to see if there is any different direction coming from the Council. ADJOURNMENT Motion by Commissioner Cox, seconded by Commissioner Stei wall, to adjourn the meeting at 8:11 p.m. All in favor. J00 Dybvig, Choi"' AT EST: (2A Tim adhill, Community Development Director Page 5 of 5