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HomeMy WebLinkAbout1997-05-12 CPC MINPLANNING COMMISSION May 12, 1997 Present: Jerry Fontaine, chairman Glenna Bealka, John Rheinberger, Don Valsvik, and Terry Zoller Others: Steve Russell, Community Development Director Absent: Dave Charpentier, Kirk Roetman, Darwin Wald and Tom Wiedner Chairman Fontaine called the meeting to order at 7 p.m. Mr. Valsvik, seconded by Mr. Rheinberger, moved approval of the minutes of April 14, 1997; all in favor. Case No. V/97-19 A variance to the bluffland/shoreland setback for percentage of impervious surface and deck setback from river at 422 E. Mulberry St. (Stillwater Yacht Club) in the CBD, Central Business District, Bluffland/Shoreland and Flood Plain Overlay Districts. Julianne Fiedler, representative for Marine Development Inc., applicant. As the applicant was not present, the Commission on a motion by Mr. Rheinberger, second by Mr. Zoller, voted to delay the case until later in the meeting. Jack Heschler, representing the Aiples, property owners directly north of the Yacht Club, said the Aiples would like the Yacht Club to replace the existing chain-link fence along the property line with a wooden fence similar to that enclosing the pool area. Ms. Fiedler arrived at 7:05 p.m. Ms. Fiedler, counsel for the new owners of the Yacht Club, said the request is for after-the-fact approval of the deck and impervious surface area. She said the new owners are trying to deal with the mistakes of the prior owners, nothing more. Mr. Fontaine asked if the conditions of approval would satisfy the DNR. Mr. Russell said he is not certain what the DNR's position will be. Mr. Russell said the city is dealing with an existing situation, and he said he feels comfortable with the staff recommendations/conditions of approval. Mr. Heschler restated the Aiples' request for the new fencing on the property line to protect their view of the Yacht Club property. Mr. Fontaine suggested that the fence issue could be dealt with "as neighbors." Ms. Fiedler said the Yacht Club owners would be open to discussions on the Is issue. Linda Amrein, 307 E. Laurel St., raised the philosophical question of the i City's dealing with prior mistakes and at what point the City should require that the mistakes be "undone." 0 Mr. Russell noted the new owners are cooperating with the City, which has not always been the case with previous owners. He also noted that if the neighbors can't come to an agreement on the fence issue, the City will be informed. Mr. Rheinberger, seconded by Mrs. Bealka, moved approval as conditioned; all in favor. Case No. V/97-20 A variance to the front yard setback (28 feet requested, 30 feet required) for construction of a front entrance at 501 Edgewood Lane in the RA, One Family Residential District. Ross Schrankler, applicant. Mr. Schrankler was present for the discussion. He noted the agenda was incorrect; he is requesting a 4 and one-half foot variance, rather than the two foot variance indicated in the packet. Mr. Schrankler explained the request is to make the entrance more usable and comfortable. He said he had talked with neighbors, none of whom had objections. Mrs. Bealka, seconded by Mr. Zoller, moved approval as conditioned; all in favo r. Case No. SUP/V/97-21 A special use permit and variance to convert an existing garage into a pottery studio at 709 S. First St. in the RB, Two Family Residential District. Carl and Rebecca Erickson, applicants. The Ericksons were present for the discussion. Mr. Erickson explained the only changes to the existing structure would be the addition of a skylight, some insulation and wiring improvements. He said none of the changes would be permanent; the structure would be turned back into a garage if they sell the property. He said they had also talked with neighbors regarding their plans. Mr. Rheinberger asked about odors. Mr. Erickson said there is a slight sulfur odor which quickly dissipates. He said they previously had a shop in Marine next to a dentist office and cafe and there were no complaints. 0 Pi Mr. Russell suggested adding a fifth condition of approval that the structure be converted back to a garage if the current owner sells the property. Mr. Rheinberger moved approval of the Special Use Permit and variance with the five conditions of approval. Mr. Zoller seconded the motion; all in favor. Case No. V/97-22 -A variance to replace an existing garage with a 20 x 22 garage having a 3-foot side and rear yard setback (5 feet required) at 1309 S. Fourth St. in the RB, Two Family Residential District. Richard and Patrice Nordstrom, applicants. Mrs. Nordstrom was present. Mr. Fontaine asked if there was a reason the garage couldn't be moved on the property to meet setback requirements. Mrs. Nordstrom pointed out they were bringing the garage in three feet from the location of the current structure. Mr. Russell noted if the garage were moved another two feet, the applicants would have to swing around the house to gain access to the garage. Karl Karlson, the neighbor directly south of the Nordstroms, spoke in favor of the request. Mr. Zoller, seconded by Mr. Rheinberger, moved approval as conditioned; all in favor. Case No. SUP/DR/97-23 A special use permit for a hot dog stand at 213 S. Main St. in the CBD, Central Business District. Fred Francis, applicant. Mr. Francis was present and showed photos of the proposed location and style of cart. He said he had permission from the property owner to operate the stand at the proposed location. Chuck Wiessner, owner of the Coney Island food establishment in the Staples Mill, and Sandy Hudson, owner of Stillwater Grill, both spoke against allowing the use of portable food units. Mr. Francis said he understood the business owners' concerns and would be willing to limit his hours of operation in order to satisfy their concerns. He said he had talked with Washington County Public Health officials in response to Mr. Wiessner's concern regarding a potential health hazard. Mr. Valsvik said while he respected Mr. Francis' entrepreneurship, he felt it is important to support the existing merchants in town, merchants who pay rent, taxes, etc. Mr. Valsvik, seconded by Mr. Zoller, moved to deny the request. Mrs. Bealka spoke in favor of the request. Motion to deny passed 3-2, with Mr. Valsvik, Mr. Zoller and Mr. Fontaine voting in favor of the motion. Case No. SUP/V-97-24 A special use permit for residential use and variance to the parking requirements for renovation and addition of a second floor at 124 S. Second St. in the CBD, Central Business District. Jon Whitcomb, applicant. Mr. Russell said the applicant had requested a continuance of the case. Wayne Wohlers and Larry Kraft, owners of Kinsel's Liquor Store, 118 E. Chestnut St., expressed their concern about the proposal. Their primary concern is with the parking situation and the potential for adding to the problem with this proposal. Case No. V/97-25 A variance for construction of a 214-square-foot storage shed accessory structure at 1530 Amundson Lane in the RA, One Family Residential District. Christine Wichser, applicant. 40 The Spencers, owners of the property, were present for the discussion. LaVyrl Spencer said the request is for an architecturally designed playhouse for their grandchildren. The storage shed was something of an afterthought; the storage shed can't be seen from the street. The Spencers own lots 28-32. Mr. Zoller, seconded by Mr. Rheinberger, moved approval as conditioned; all in favor. Case No. SUP/97-26 A special use permit for the modification of a bed and breakfast to increase the number of rooms from five to seven at 807 Harriet St. in the RB, Two Family Residential District. Truett and Jill Lawson, applicants. Mr. and Mrs. Lawson were present for the discussion. Mr. Lawson showed photos and talked about the uniqueness of the site and the fact that their B&B involves two separate structures and two special use permits. He suggested the 6-0 vote of the Heritage Preservation Commission in support of the request indicates the proposal is not "an ordinance buster." He further noted the square footage of both the structures and lot exceed ordinance requirements. • Betsy Glennon 812 Harriet St. spoke in opposition to the request. She said she lives directly across from the carriage house, which would have the requested increased usage. She spoke of problems with turn-around traffic that often drives on her property and on-street parking, and she said it was not her intent when she purchased the property to be at the end of a commercial cul de sac. She also provided photos. Mr. Lawson said he wanted Ms. Glennon's concerns addressed. He said the turn-around traffic is not from the B&B guests. He said the Lawsons would be willing to put up a fence of Ms. Glennon's choice to prevent U-turns. And he said he did not think the request would result in much increased traffic. He said he thought Ms. Glennon's concerns were manageable issues. Mr. Russell pointed out the current ordinance limit of five guest rooms is to limit impact on residential areas. Mr. Valsvik noted that Ms. Glennon's statements amount to a formal complaint that need to be addressed. Mr. Rheinberger moved to deny the request based on the current ordinance. Mr. Valsvik seconded the motion. • Mr. Zoller agreed that the Lawsons site and B&B operation is unique and said he might be able to support the request if the parking issues are addressed. Mr. Fontaine noted that many months had been spent working on the B&B ordinance. Motion to deny passed by unanimous vote, 5-0. Lona Lake use ioint Park Board/Plannina Commission meetinu Present from the Planning Commission were Mr. Fontaine, Mrs. Bealka, Mr. Rheinberger, Mr. Valsvik and Mr. Zoller. Present from the Park and Rec Board were chairperson David Junker, members Linda Amrein, Nancy Brown, Rich Cummings, Al Liehr, Rob McGarry, Ken Meister, Del Peterson and Leah Peterson. Also present were Community Development Director Steve Russell; Engineer Klayton Eckles; Molly Shodeen of the DNR; Lee Miller, David Fabio, Eileen Gordon, Jon Engelking, Don McKenzie, all of the Long Lake Homeowners Association; and Paula and Robert Kroening, property owners. Also present was Ward 4 Councilman Gene Bealka; he left prior to the beginning of the discussion due to a concern that his presence along with Mr. Cummings and Mr. Zoller would constitute a quorum of the City Council. 0 Mr. Russell gave a brief overview of the process and issues. Mr. Eckles talked briefly about AUAR study, flood control and drainage issues. Mr. Junker noted the focus of the joint meeting was that of water surface use. He suggested members look at four possible scenarios in order to focus on coming to a joint recommendation: unrestricted use, allowing motors of 25 hp or less; allowing motors of 10 hp or less; prohibiting the use of gas motors. Mr. Valsvik said he thought the regulation should be consistent with that of other lakes within the city, specifically Lily Lake where no gas motors are allowed. Each members was allowed to state their position. Ms. Amrein said if the recommendation followed what was heard at the public hearing and in written communications, it would be to prohibit the use of motorized craft. She later asked whether a pontoon could be operated if a slow, no-wake rule were imposed. She also noted that whatever regulation is imposed must be enforceable. Mr. Cummings noted that those residents on the lake who have boats/motors want to continue their use. However, he said there should be some regulations, such as no jet skis or water skis. Mr. Peterson said the ideal would be to accommodate all compatible uses and minimize environmental impact. He said he thought Long Lake should have more restrictions regarding use due to its shallowness. He said he would prefer no motors, but would go along with allowing 10 hp or less. Ms. Brown said she favored allowing 10 hp motors. She said she thought there was too much emphasis on the damage caused by motors versus what people put on their lawns. She also pointed out that several people were told they could have boats/motors on the lake when they purchased their property. Mr. Meister pointed out there have been no regulations on surface use to date and there have been few problems. He said he did not like to see a lot of regulations but said his preferred option would be allowing 10 hp and under. If there are problems in the future, use could be restricted to electric motors only. Mr. McGarry agreed with Mr. Meister's comments regarding restrictions. He said ideally the lake would be self-regulating due to its shallowness. He, • too, said he would favor allowing 10 hp to provide the opportunity for property owners to use the lake. Mr. Liehr said his concern has been that if there are homeowners who have pontoons and are now told they can't use the craft, there could be problems. He said he thought restricting the use to 10 hp or less would be sufficient at this point. Mr. Junker said he would favor allowing 10 hp motors at a minimum and would even consider allowing 25 hp motors. Mr. Zoller referred to the impact of motors on the water quality. He also suggested there would be a problem enforcing restrictions on horse power or speed. He said the most logical restriction would be to allow the use of electric motors only. Mr. Rheinberger spoke in favor of unrestricted use due to enforcement problems. He suggested social pressures will develop that will self- regulate use. Mrs. Bealka said she felt strongly that the use should be restricted to electric motors only because of the residential location of the lake. Mr. Cummings said no matter what regulation is imposed, there will be angry people. He said the lake is self-regulation and said he thought restricting use to motors of 10 horse power is enforceable. A straw poll was taken and indicated that restricting use to 10 hp or electric motors only were the favored options. Mr. Rheinberger, seconded by Mr. Cummings, moved to recommend to the City Council that surface use on Long Lake be limited to motors of 10 hp and below. Motion passed 8-6. Mr. Liehr raised the issue of regulating use to certain type of watercraft. Mr. Rheinberger, seconded by Mr. Liehr, moved to exclude the use of personal watercraft as defined by state law. Motion passed unanimously. It was the consensus of members not to limit hours of operation. Mr. Rheinberger, seconded by Mr. Junker, moved to adjourn at 10:15 p.m. Respectfully submitted, Sharon Baker Recording Secretary 0