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HomeMy WebLinkAbout1995-05-08 CPC MIN • PLANNING COMMISSION May 8, 1995 Present: Chairman Jerry Fontaine, Dorothy Foster, Kirk Roetman, Don Valsvik, and Darwin Wald Absent: Glenna Bealka, Rob Hamlin and Terry Zoller Others Steve Russell, planning Chairman Jerry Fontaine called the meeting to order at 7 p.m. Darwin Wald, seconded by Kirk Roetman, moved approval of the minutes of April 10, 1995; all in favor. JoAnne Loer, 1114 N. William St., appeared representing the property owners impacted by the Good Samaritan project. She said the neighbors would like to meet with the commission very soon. She asked if the commission would consider holding a special meeting to discuss the case. Mr. Elliott said he didn't think the matter should come before the • commission until all of the plans -- drainage, landscape, etc. -- are in place. Mr. Roetman said the matter should be a regular agenda item, even if the discusssion is a lengthy one. It was agreed the Good Samaritan project should be on the agenda of the regular June 12 Planning Commission meeting. Case No.SUP/95-16. A home occupation special permit to conduct a sales and real estate business from a home at 1011 N. First St. in the RB, Two- Family Residential District. Jordan Simkins, applicant. Mr. Simkins and his sister appeared regarding the request. Mr. Simkins said the request is to conduct a sales-fundraising business from the home; there would not be a real estate business at this time. There would be no signage; the Simkins live in the home. Mr. Roetman, seconded by Mr. Wald, moved approval as conditioned. All in favor. Case No. SUP/95-26. A special use permit to conduct an auto repair garage at 823 S. Fourth St. in the RB-Two-Family Residential District. Gary L. Starns, applicant. Mr. Starns and Jeff Dietmann appeared regarding the request. One letter of • concern had been received regarding noise caused by doing body work late at night. Upon questioning, Mr. Dietmann said his normal hours are 8 a.m. - 6 p.m., although he may work later on occasion. He also noted that he does not do body work; there is a nearby body shop, however. There were no comments from the audience. Mr. Wald, seconded by Mrs. Foster, moved approval as conditioned. All in favor. Case No. V/95-27. Variance to the rear yard setback (20 feet required, 15 feet proposed) for the construction of a 10x12 deck at 1524 W. Olive St. in the RB, Two-Family Residential District. Jeff and Joan Nelson, applicants. Mrs. Nelson appeared regarding the request. Because of the proposed height of the deck, no variance is required. Mrs. Nelson expressed her concern that she had contacted the building inspector's office and was told she would need a variance for the deck, when she didn't, and was told she didn't need a permit for construction of a fence, when she did. Mr. Russell explained that had the deck been higher than proposed, a variance would • have been required. On a motion by Mr. Wald, the commission took formal action accepting a withdrawal of the request for a variance. Mr. Roetman seconded the motion; all in favor. Case No. SU P/95-28. A sp ecial use permit to operate a replica of a Cretors Popcorn Wag on from the park in the northwest corner of Chestnut and Water streets in the CBD, Cen tral Business District. Laura L. Eiklenborg, applicant. Ms. Eiklenborg appeared regarding the request. She said she was aware of the four conditions of approval recommended by the Heritage Preservation Commission Mr. Elliott, seconded by Mrs. Foster, moved approval as conditioned. All in favor. Case No. SV/95-29. A street vacation for part of Holcombe Street lying north of a line 156.52 feet north of West Myrtle Street and south of West Mulberry Street adjacent to 415 W. Mulberry Street in the RB, Two-Family Residential District. Robert G. Genello, applicant. • Mr. Genello appeared regarding the request. He asked for an indefinite I• continuation of the request, pending a decision on the city garage site. Jim McKinney, 410 W. Rice St., and Barrett Colombo, 215 N. Harriet St., both spoke to the request. Mr. McKinney said if the request is continued, the property description should be changed since a portion of Holcombe to Rice Street was previsouly vacated in 1985. He also said he has a continuing concern regarding the city property that is now zoned residential. Mr. Colombo said he had previously discussed getting an easement from the city so his property would not be landlock; he too expressed a concern about a possible change in the zoning if the city property is sold. Mr. Russell said the property is currently zoned residential and would remain zoned that way unless a rezoning request is made and approved. Mr. Roetman, seconded by Mrs. Foster, moved to continue the street vacation request. All in favor. Case No. V/95-30. A variance to the property line setback for the construction of a garage (2 feet proposed, five feeet required) at 1011 N. Fifth St., in the RB, Two-Family Residential District. Margery Ryback, applicant. Mrs. Ryback's brother, Donald Teske, said the garage actually would be 2' eaves will be installed, he said. appeared regarding the request. He 4" from the propety line. Gutter and Mr. Eliott, seconded by Mr. Wald, moved approval as conditioned. All in favor. Mr. Fontaine wanted it noted for the record that there was no other place on the property where the garage could be reasonably located. Case No. V/95-31. A variance to the side yard setback (30 feet required, 16 proposed) and a license for a 12-foot wide driveway on the east half of the unopened Harriet Street area. The propety is located on West Anderson Street in the RB, Two-Family Residential District. Bernard Harvieux, applicant. Dave Harvieux appeared on his father's behalf. Mr. Harvieux said a house is being moved onto the property. He said he had not anticipated a problem. However, due to its location on the unopened portion of Harriet Street, a variance is needed beause of the width of the house. 0 A letter from the McKnights, neighboring property owners, was received asking that the street . position. The driveway said. 0 not be vacated. The Harvieuxs agree with that will be backtopped as conditioned, Mr. Harvieux Mr. Roetman, seconded by Mr. Wald, moved approval as conditioned; all in favor. It was noted the Harvieux's request for a moving permit will be heard at the June 6 City Council meeting, not June 12 as noted in the Planning Commission packet. Case No. V/95-32. A variance to the rear yard setback (20 feet required, 4 feet proposed) for construction of a 24x24 garage at 819 W. Olive St. in the RB, Two-Family Residential District. Arthur and Lori Bjorkman, applicants. Mr. and Mrs. Bjorkman appeared regarding the request. Mr. Russell said it appeared there is enough space on the property for the garage to be constructed in accordance with guidelines. Mr. Bjorkman expressed his concern that meeting the guidelines would take up a lot of his yard. Commission members pointed out that the Bjorkmans would have to show hardship for a variance to be granted. Mr. Elliott asked if there was any way to establish the setback with any certainty. He suggested that the Bjorkmans come back with drawings that clarify property lines/setbacks, or establish a minimum that the garage be located 20 feet from Williams and five feet from the south property line. Mr. Roetman agreed that there were too many unknowns; he also pointed out that the Bjorkmans will need a variance for the sideyard, regardless of where the garage is placed on the property. Mr. Fontaine noted that a hardship might be created if tres would have to be removed in order to meet guidelines. He too agreed that it would be difficult to make a decision based on the information provided. Bruce Kramer, 813 W. Olive St., spoke in support of the Bjorkmans. Mr. Roetman said he thought it would be best to continue the request until the Bjorkmans come back with additional information/drawings. Mr. Elliott, seconded by Mr. Roetman, moved to continue the request until the June 12 meeting; all in favor. Case No. SUP/95-33. A special use permit for a deli, kitchen and banquet facility at 301 S. Second St. in the CBD, Central Business District. Andiamo Enterprises, applicant. Dick Anderson and Mark Balay appeared regarding the request. They explained that the project would be done in phases. Phase I involves the use of the retail area of the UBC building for a deli, with a kitchen for catering to the boats and other functions located in the basement/back of the existing building. They said they were aware of the conditions of approval. Mr. Russell said a major concern is that the next phase of the project is contingent on when parking becomes available. Mr. Elliott asked Mr. Anderson is he was comfortable with that continency; he responded in the affirmative. Mr. Wald, seconded by Mr. Roetman, moved approval as conditioned; all in favor. Case No. PR/V-95-34, Parking review and variance to the parking requirements for construction of a 5,500 square foot retail building at 402 N. Main St. in the CBD, Central Business District. Kellison Company, applicant. . Mike Jordan of the Kellison Company, representing Monty Brine, appeared regarding the request. He said the building is being constructed for rental, so signage hasn't been dealt with, pending input from tenants. He said they would be working closely with the city on landscaping between the two buildings. As conditioned, Mr. Brine will made payment to the city in lieu of 28 parking spaces the use of the 'Idin will create; required parking will be provided by the use of city-leased spaces in the Desch building parking lot. Mr. Elliott asked whether the City Council would have to approve the parking lease, and he asked whether the city attorney should draw up an formal agreement for the parking lease arrangements. Mr. Russell said he would check with Mr. Magnuson regarding the need for a formal agreement. Mr. Roetman, seconded by Mr. Wald, moved approval as conditioned; all in favor. Case No. SV/95-35. Vacation of utility easement at 114 Lakeside Drive and Case No. V/95-24. Variance to the bluffland/shoreland regulations to construct a 275 square feet addition at 114 Lakeside Drive have been withdrawn. 11 10 Mr. Roetman, seconded by Mr. Wald, moved to accept withdrawal of the requests. All in favor. Mr. Wald, seconded by Mr. Roetman, moved to adjourn the meeting at 8:35 p.m. All in favor. Respectfully submitted, Sharon Baker Recording secretary •