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HomeMy WebLinkAbout1996-05-13 CPC MINPLANNING COMMISSION May 13, 1996 Presesnt: Jerry Fontaine, chairman Glenna Bealka, Dave Charpentier, Rob Hamlin, Kirk Roetman, Don Valsvik, Darwin Wald, Thomas Weidner and Terry Zoller Others: Steve Russell, Community Development Director Chairman Fontaine called the meeting to order at 7 p.m. Mr. Wald, seconded by Mrs. Bealka, moved approval of the minutes of April 8, 1996; all in favor. Case No. SUP/96-19 A special use permit for a home office real estate broker located at 510 Quarry Lane in the RB-Two Family Residential District. Patricia Hansen, applicant. Ms. Hansen was present for the request. She said her address is not used in any advertising; clients are served by appointment only; and she will not have any other employees. • Harvey Chandler, 914 Fourth Ave. S., noted there is already one SUP for a use on Quarry Lane. He cited a concern about increased traffic in an "upper level residential area." He also said zoning is intended to keep uses separate. Mr. Hamlin pointed out that in this electronic age, many people are conducting business functions from their home, and, technically, all of them should seek a permit. Mr. Hamlin, seconded by Mrs. Bealka, moved approval as conditioned. Vote was. 8-1, with Mr. Zoller voting no. Case No. SUP/96-20 A special use permit for a massage therapist home business located at 209 W. Laurel St. in the RB-Two Family Residential District. Lori Landberg, applicant. Ms. Landberg said she would only be serving one client at a time. There is a separate entrance for the business. Mrs. Bealka, seconded by Mr. Valsvik, moved approval as conditioned. Mr. Zoller suggested adding that there be no signage as a condition of approval; Mrs. Bealka and Mr. Valsvik accepted that as an amendment to the motion. Motion carried unanimously. • Case No. SUP/V/96-21 A special use permit and variance for converting an existing garage into retail space (1,000 ft.), adding a new three car garage and adding a second floor containing a 2,400 square foot apartment and home office at 826 S. Fourth St., in the CA-General Commercial District. John Easton, applicant. Mr. Easton was present for the discussion. He noted that his is the only business on the south side of Churchill and there are no residences in that block facing Churchill; he said there is room for about 14 on-street parking spots. He said he would be providing three or four spaces for tenants on a paved driveway. None of the business involve evening hours of operation, he said. Mr. Hamlin asked for staff recommendations. Mr. Russell said staff would recommend allowing the residential use, but not the additional retail use because of the impact on the neighborhood. Mr. Russell said the request as submitted would require the provision of 17 parking spaces. Mr. Valsvik noted that none of the business in the area provide the required amount of parking, and he referred to the availability of on • street parking in the area. Mr. Hamlin said the area is already congested, and the request will add to that. Mr. Weidner agreed that allowing the requested additional residential and retail space will add to existing problems. Mr. Hamlin, seconded by Mr. Wald, moved to accept the recommendations of staff, denying the request to convert the existing garage into additional retail space. Vote was 3-6, with Mr. Hamlin, Mr. Wald and Mr. Weidner voting in the affirmative. Mr. Valsvik, seconded by Mrs. Bealka, moved to approve the request as submitted, eliminating staff recommendation #2 (denial of the retail use). Vote was 6-3, with Mr. Hamlin, Mr. Wald and Mr. Weidner voting no. Case No. SUB/96-22 A resubdivision to split a 290' x 150' lot into two equal lots (145' x 150') at 1904 N. Fifth St. in the RB-Two Family Residential District. Karen Kramer, applicant. Ms. Kramer presented the request. Much of the discussion centered on the lack of access to an improved public street and problems with water run- off that exist in the area. Ms. Kramer said the proposal is to provide access off North Fifth Street for lot No. 1, with the second lot accessing . off West Willow. She also said the water problems in the area are from runoff from the golf course (Stillwater Golf Course), and she intended to build a swale and place a pipe under the driveway on Fifth. Richard Roscoe, 311 W. Willow, said he has a survey and deed indicating a 12 foot strip of West Willow belongs to him, raising the question as to whether Willow is a public or private road. The unimproved street is also used for access to 312 W. Willow. Mr. Roscoe said he could find no record of any easement. He said the existing road was not sufficient to provide access for two more lots. He also expressed concern about runoff, the location of the septic and well. Brian Bouchet, 317 W. Hazel St., also expressed a concern about runoff. Marilyn Meier, 405 W. Hazel St., reiterated the concern about water issues, the lack of public utilities and the questionable status of the street (Willow). David Roettger, property owner, said two additional houses would not add substantially to the water runoff; the golf course is creating the problems, he said. Mr. Hamlin said he thought there was a moratorium on new construction in non-sewered areas of the city. He said the addition of two septic systems, along with the drainage issues were a compelling argument to leave the area as is. Mr. Zoller referred to the additional issue of granting approval to lots with no public easement to provide access. Mr. Hamlin, seconded by Mrs. Bealka, moved to deny the request; motion passed unanimously. Mr. Valsvik said, as a member of Stillwater Golf Course, he is going to request that the membership considering addressing the water runoff problems in the long-range plan. Case No. V/96-23 A variance to the minimum garage size for the construction of a garage addition at 13093 McKusick Road in the RA-One Family Residential District. Kevin Junker, applicant. Mr. Junker and Mr. Van Tassel, owner of the home, were present for the discussion. Mr. Van Tassel said the request is to build a garage sufficient to store a large motor home. He pointed out his home is situated on 4.8 acres. Mr. Hamlin, seconded by Mr. Wald, moved approval as conditioned; all in favor. Case No. V/96-24 A variance for construction of a 42" retaining wall located at 901 W. Pine St. in the RB-Two Family Residential District. CF Runge, applicant. Mr. Runge said the intent of the retaining wall is primarily to protect his children from traffic, and there is a hardship involving one of the children. He said the retaining wall has been designed to be in keeping with the historic character of the neighborhood. He also said he believed the wall has been designed to provide clear sight lines up Pine Street. A variance is required only for the height of a number of columns included in the design, and Mr. Runge said he would be willing to reduce the height of the columns to 42" if necessary. Mr. Hamlin, seconded by Mr. Valsvik, moved approval with the condition that the wall and columns meet the city ordinance for sight line requirements. All in favor. Case No.-SUP/96-25 A special use permit for a popcorn wagon at 401 S. Main St. in the CBD, Central Business District. Mike Bastian, applicant. Mr. Bastian was present for the discussion. He said the wagon will be located on the sidewalk by Harvest States, and he has operated from that location before. Mr. Hamlin, seconded by Mrs. Bealka, moved approval as conditioned; all in favor. Case No. V/96-26 A variance to the sideyard setback to rebuild an existing addition at 815 S. Fourth St. in the RB-Two Family Residential District. Steve Murtha, applicant. Mr. Murtha explained the request. Mr. Zoller, seconded by Mr. Weidner, moved approval as conditioned; all in favor. Case No. SUP/96-27 This case was withdrawn. Case No. SUP/96-28 A special use permit for a seasonal concessions, garden and eating area at 304 N. Main St. in the CBD, Central Business District. Janet Calkins, applicant. Ms. Calkins explained she would be cleaning up the area and adding flowers. The concessions would be served from a solid green trailer with 8 x 12 awning; the trailer would be forklifted into the area. Mr. Valsvik, seconded by Mrs. Bealka, moved approval as conditioned; all in favor. Case No. SUB/V96-29 A resubdivision into Parcel A, 50,000 square feet, and Parcel B, 67,711 square feet, at 1375 Curve Crest Blvd. in the BP-I, Business Park Industrial District. Kellison Company, applicant. Present for the discussion were Jim Kellison and Doctors Stenberg and Kauls. Mr. Kellison explained the requested resubdivision. Lot B would be used for a dental clinic with three practices. Both of the lots meet the size requirements and zoning ordinance. The owners would be willing to put the treed area at the rear of lot B into a conservancy zone, he said. Mr. Hamlin asked about runoff. Mr. Kellison explained that drainage plans would be subject to review by the Public Works Department prior to construction. Mr. Valsvik, seconded by Mr. Hamlin, moved approval as conditioned; all in favor. Case No. V/96-34 A variance to the sign ordinance for two signs at 1375 Curve Crest Blvd. in the BP-I, Business Park Industrial District. Kellison Company, Applicant. Present for the discussion were Jim Kellison and Doctors Stenberg and Kauls. The applicants are requesting a monument sign on Curve Crest and a sign on the front of their building identifying the dental clinic tenants. Mr. Fontaine questioned the need to identify the doctors' practices on a building sign when their names will also be on the monument sign. Doctors Stenberg and Kauls pointed out the tenants of the dental clinic are not in business together and maintain separate practices. Mr. Hamlin moved approval of a 4' x 8' monument sign and a 3' x 5' sign on the building. Mr. Charpentier seconded the motion. Mr. Zoller suggested an amendment to the motion, adding the condition that the monument sign is to be used to identify both lots A and B. Mr. Hamlin and Mr. Charpentier accepted the amendment to their motion. Motion passed unanimously. Case No. SV/96-30 A street vacation for all that portion of Interlachen Drive abutting Lot 8 Preliminary Plat of Interlachen Hills 3rd Addition. Trail Head Development Corp., applicant. Case No. SUB/96-31 A preliminary plat approval for a 32-lot subdivision on 15.22 acres located south of Bayberry Avenue Court in the RA-Single Family Residential District. Trail Head Development Corp., applicant. Jim Peterson of Trail Head Development and the company's surveyor and civil engineer were present for the discussion. Mr. Peterson asked that the requested street vacation be considered as a separate issue, subject to approval of the preliminary plat. Mr. Peterson briefly explained the proposed development and the history of the site. He said it is the company's desire to accommodate and work with neighboring property owners. The surveyor indicated the subdivision has been created to meet city ordinances and with sensitivity to the slopes • and wetlands in the development area. The engineer explained measures that have been taken to protect existing wetlands, as well as mitigation measures that will be required as a condition of approval. Speaking in opposition were: Patricia and Arthur Gill, 302 Darrell Court; Cindy and David Green, 204 Crestwood Terrace; Tim and Signe Cowen, 202 Crestwood Terrace; Tyler Smith, owner of three lots south of Interlachen; Sheila Maybanks, 201 Bayberry Court; Kenneth Opsahl, 241 Bayberry Court; Bill Moore, 261 Bayberry Court; Shelly Michaelis, Realtor; Frank Brontik, address not given; Polly McGouflin, 143 Maryknoll; Bill Steen, 126 Maryknoll; Greg Mardaus, 141 Bayberry Court. Concerns centered on environmental impact; drainage; the height of the road at the rear of the development and the potential for runoff; the additional traffic the development might generate on neighboring streets; the potential impact on property values on existing homes; the potential for assessments for streets/sidewalks against existing property owners. Tyler Smith noted that the Wildpines Association had some very restrictive covenants. He suggested that staff look at the covenants to i determine whether the proposed development might be in violation of some of the pre-existing covenants. Ms. Maybanks asked the developers to consider a development of less density, and she urged the city not to accept a fee in lieu of park dedication land. When the discussion returned to the table, Mr. Valsvik suggested adding a 14th condition of approval -- that the city, developers and property owners south of Interlachen get together to address key drainage issues. Mr. Fontaine said he was uncomfortable with the density as proposed. Mr. Hamlin said he thought there should be additional traffic studies. Mr. Weidner moved to continue the request until the June meeting with the direction that addition information be provided regarding drainage/ traffic/walkways/lot size, along with recommendations from staff as how to proceed. Mr. Zoller seconded the motion. Motion passed 8-1, with Mr. Valsvik voting no. The recording secretary left at 10:40 p.m. Respectfully submitted, Sharon Baker Recording Secretary