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HomeMy WebLinkAbout1992-08-10 CPC MINSTILLWATER PLANNING COMMISSION • MINUTES Date: August 10, 1992 Time: 7:00 p.m. Members Present: Gerald Fontaine, Chairman Angela Anderson, Glenna Bealka, Duane Elliott, Rob Hamlin, Don Valsvik, and Darwin Wald Steve Russell, Comm. Dev. Director Ann Pung-Terwedo, Planner Absent: Gene Bealka and Gary Funke APPROVAL OF MINUTES Motion by Duane Elliott, seconded by Glenna Bealka to approve the minutes of July 13, 1992, as submitted. All in favor. PUBLIC HEARINGS Case No. V/92-37 - A Variance to the sideyard setback requirements on a corner lot (twenty feet minimum required, approximately ten feet requested) and to rearyard setback • requirements (two feet, six inches requested, five feet required) for the construction of a garage. The property is located at 126 North Harriet Street in the RB, Two Family Residential District. John and Barbara Bjorkman, owners of the property, presented the request. They noted that the correct length of the proposed garage is 26 feet rather than 28, which would place the garage 12 feet from the side property line rather than 10 feet. The garage will be placed three feet from the rear property line because the neighbor's garage is directly on the property line and the eaves hang over onto the Bjorkman property. There are three recommended conditions of approval. Duane Elliott noted that Cond. No. 1 should specify the WEST wall as the rear wall. Cond. No. 3 should read: All drainage from the structure shall discharge onto Rice Street. Motion by Duane Elliott to approve the Variance request with three conditions as amended. Seconded by Darwin Wald. All in favor. Case No. V/92-38 - A Variance to the frontyard setback requirements for an existsing carport (thirty feet required, twenty four feet requested) at 1107 North Martha Street in the RB, Two Family Residential District. • Helen Murtha, owner, presented the request. She stated that the attached garage was converted into a family room. The two-car 1 Stillwater Planning Commission August 10, 1992 • garage at the rear of the property is used only for storage because the length of the driveway makes the garage useless in the winter. The applicant stated that the carport is 26 feet from the curb, but she does not know where the property line is. Mr. Elliott stated that it would be difficult to take any action without knowing the proper measurements. The Commission agreed. Motion by Rob Hamlin, seconded by Don Valsvik to continue Case No. V/92-38 to the September meeting in order for the applicant to verify where the front property line is. All in favor. Case No. V/92-39 - A Variance to the sideyard setback require- ments (twenty feet required, ten feet requested) for a 390 square foot addition to an existing structure at 102 North Third Street in the PA, Public Administrative Office District. Jim Christenson of the Postal Service real estate office, presented the request. The plan is to provide additional restroom capacity. The existing hedge will be replaced and the trash container will be enclosed. There was discussion of vehicles exiting onto Myrtle Street from the parking lot, and of the collection boxes on Myrtle Street. • Motion by Rob Hamlin, seconded by Glenna Bealka to approve the Variance request with two conditons. All in favor. Case No. V/92-40 - A Variance to the sideyard setback requirement for a garage and family room addition for a corner lot (thirty feet required, twenty feet proposed) at 2496 Hidden Valley Lane in the RA, Single Family Residential District. Larry and Sandra Krause, owners, presented the application. Mr. Krause stated that the covenants for the neighborhood allow 20 foot setbacks. Steve Russell stated that City zoning regulations still apply and are more restrictive. In the RA District, a 30 foot setback is required. The Krauses stated that the corner lot is probably larger than most lots in Croixwood and asked what damage would be done by allowing the variance. Rob Hamlin stated that the City has established rules, and that variances in Croixwood are more difficult because of the consistency of the setbacks. Also, a hardship has not been proven in this case. Mrs. Krause stated that the addition to the home would result in an increase in property value, and that would be prevented by a lack of a variance. Mr. Krause stated that the addition is planned for the only logical space. A detached structure would • take up garden space. He said that the neighborhood is maturing and needs to change. Stillwater Planning Commission August 10, 1992 • Mr. Elliott questioned why the garage could not be oriented to Sunrise Avenue. Motion by Duane Elliot to deny the Variance request. Seconded by Angela Anderson. All in favor. Case No. SUP/92-41 - A Special Use Permit to conduct special events (small weddings, receptions, meetings, etc.) in a residential structure presently used as a Bed and Breakfast establishment. The home is located at 319 West Pine Street in the RB, Two Family Residential District. Bruce and Victoria Brillhart, owners, presented the application. They stated that the home is very large and can accomodate these special events. They have agreements with St. Mary's Church to provide parking and with the Rivertown Trolley to provide parking and transportation for their patrons if necessary. Jeff Peterson, 320 W. Pine, stated that he lives with his grandmother, Mrs. Jewell, across from the Bed and Breakfast and has some concerns regarding parking and traffic on Pine Street. He is also concerned about distrupting activities and commercialization in a residential area, about alcohol use at the events, and about property values. He stated that the B&B use is • a minimal activity, but this request is for a commercial activity. The Brillharts stated that they have always been responsible to the neighborhood and will continue to be. There are 14 recommended conditions of approval. Mr. Brillhart asked that condition No. 12 be amended to read Bruce OR Victoria will be on site during all special events. Cond. No. 9 was also changed to read: No amplified music or entertainment shall be allowed. Motion by Glenna Bealka to approve the Special U- conditions as amended. Seconded by Darwin Wald. Chairman Fontaine questioned the basis on which being approved, in order to avoid setting a Russell stated that the site can accomodate the not a problem, and the use fits the situation. license is unique to its owners. The vote was favor. se Permit with 14 Discussion: this request is precedent. Mr. use, parking is Also, the B&B taken: All in Case No. SUP/92-42 - A Special Use Permit to conduct a Beauty Salon business in a residential structure at 643 Wildwood Lane in the RA, Single Family Residential District. Linda Reichow, owner, presented the application. She stated that her business will be very small; probably one day per week to start. Her business will grow by word of mouth only. She will • have no employees. She will have a state license and will abide by state law requirements, including malpractice insurance. Stillwater Planning Commission August 10, 1992 • There are three recommended conditions of approval. A fourth conditions was suggested: A 12-month review of the permit. Motion by Duane Elliott, seconded by Darwin Wald to approve the Special Use Permit with four conditions. All in favor. Case No. V/92-43 - A Variance to the rearyard setback require- ments (five feet required, approx. one foot proposed) and to the sideyard setback requirements (five feet required, approx. one foot proposed) for the construction of a 576 square foot garage on an existing foundation. The property is located at 719 South Third Street in the RB, Two Family Residential District. Mr. and Mrs. William A. Bentzin, owners, presented the application. They plan to use the existing foundation to build a two-car garage in the same architectural style as the home. They also plan on eventually adding a Victorian porch on the back of the home. The neighbor to the immediate north approves of the plan. The Chairman questioned how the garage will be maintained when it is so close to the property line. It was also questioned whether a hardship was shown. Mr. Hamlin suggested the owners prepare a scale drawing to show why the garage would fit in only • this location. Motion by Duane Elliott to deny the variance request based upon there being no hardship shown. Seconded by Glenna Bealka. Motion failed 3-4. Motion by Rob Hamlin to approve the variance request with two conditions. Seconded by Don Valsvik. Motion carried 4-3 (A. Anderson, D. Elliott, G. Fontaine opposed). OTHER BUSINESS Forest Protection Ordinance - Ann Pung-Terwedo explained the background of the proposed ordinance. Mr. Russell stated that grading plans will be looked at more closely in the future and developers will be encouraged to use the existing grade and vegitation. Motion by Don Valsvik, seconded by Darwin Wald to recommend approval of the Forest Protection Ordinance. All in favor. Bed and Breakfast Ordinance Review - Present for this discussion were: Bruce and Victoria Brillhart of the Ann Bean House, Chuck Dougherty of the Rivertown Inn, and Duane and Martha Hubbs of the William Sauntry Mansion. • Ann Pung-Terwedo reviewed some of the issues in question. 4 Stillwater Planning Commission August 10, 1992 Duane Hubbs stated that there is an intensification of the B&B use locally. He feels the function of the ordinance should be to preserve and maintain historic homes. The numbers of rooms should be based on the size of the home. Chuck Dougherty stated that health permits, insurance, and fire inspections should be part of the ordinance. Mr. Russell suggested that the Historic Preservation Commission be asked to look at the current ordinance to see how their purposes can be achieved through the ordinance. Duane Hubbs suggested that a group be established consisting of people from the Planning Commission, HPC, and B&B owners to look at the issues and make recommendations. Motion by Rob Hamlin to form a study committee comprised of HPC9 B&B owners, Planning Commission, and City staff. Seconded by Darwin Wald. All in favor. Angela and Darwin from the Planning Commission, and Duane, Chuck, and Bruce from the B&B owners, volunteered as committee members. Motion by Rob Hamlin, seconded by Don Valsvik to adjourn the meeting at 9:55 p.m. All in favor. • Submitted by: Shelly Schaubach Recording Secretary i 5