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HomeMy WebLinkAbout1997-06-09 CPC MINi PLANNING COMMISSION June 9, 1997 Present: Jerry Fontaine, chairman Glenna Bealka, John Rheinberger, Kirk Roetman, Don Valsvik, Tom Wiedner and Terry Zoller Others: Steve Russell, Community Development Director Absent: Dave Charpentier and Darwin Wald Chairman Fontaine called the meeting to order at 7 p.m. Mrs. Bealka, seconded by Mr. Rheinberger, moved approval of the minutes of May 12, 1997; all in favor. Case No. SUP/V/97-24 A special use permit for residential use and variance to the parking requirements, 18 provided, 42 required, for the renovation of 6,500 sq. ft. commercial space and addition of a new second and third floor (11 housing units) at 124 S. Second St. in the CBD, Central Business District. Jon Whitcomb, applicant. • Mr. Whitcomb and Mr. Dave Brooks were present for the discussion. Mr. Whitcomb provided architectural renderings of the building plans and photos of the current site. He provided a letter from the current owner of the building regarding the use of the Gazette parking lot. Mr. Whitcomb also said he had discussions with Mr. Mahoney, Gazette publisher, in which Mr. Mahoney indicated he would allow building tenants to use the Gazette portion of the lot during non-work hours. There are a total of 45 spaces in the parking lot between Mr. Whitcomb's proposed building and the Gazette. Mr. Russell said for the Gazette spaces to "count," there would have to be a written contract/agreement with the Gazette allowing use on weekends and non-work hours. Mr. Valsvik asked about the plans for the commercial space. Mr. Whitcomb said there would be three tenants occupying 2,000 square feet of space and said he had interest expressed from several potential tenants. Wayne Wohlers of Kinsel's Liquor, 118 E. Chestnut St., expressed his firm's concern about granting the parking variance and adding to the existing parking problems. He also noted that the Gazette lot is full all day and already is being used by non-employees/non-tenants. f Dick Kilty noted that when he remodeled his building at 200 S. Third St. for mixed commercial/residential use, he complied with the parking requirements to provide an enclosed garage space for each tenant as well as the required number of spaces for the commercial use. He suggested that Mr. Whitcomb also could comply with the requirements without any hardship. John Bourdaghs, Shorty's Cleaners, 121 E. Chestnut St., also expressed his concern about the parking variance. He noted that he provides 20+ spaces for his employees and customers. Roger Tomten, 718 S. Fifth St., chair of the Heritage Preservation Commission, spoke in favor of the project. He said the project would be an attractive asset to the downtown. He also stated it is important to retain the validity of the downtown area by providing a customer base for grocery, hardware stores, etc. Mr. Brooks, partner in the proposed project, spoke of his experience in downtown St. Paul. He said "eventually" the city of Stillwater will find an answer to its parking problem. Mr. Wohlers responded that "eventually" could be a long way off and doesn't help the existing situation. Mr. Zoller said he liked the idea of residential use in the downtown area but has a real concern with parking requirements, especially the requirement to provide covered parking spaces for residents. Mr. Valsvik spoke of the experience Trinity Lutheran Church has had with its private lot which is used so heavily that often times there's not enough spaces for the church's use. Mr. Rheinberger moved to deny the requested variance/special use permit. Mr. Roetman seconded the motion for purposes of discussion. Mr. Roetman suggested offering the developers an opportunity to come back to the Planning Commission with a "creative alternative" to provide residential parking. Mr. Zoller said he was persuaded by Mr. Kilty's argument that enclosed parking for residents could be provided with an altered building design. Motion to deny passed 6-1, with Mrs. Bealka voting against the motion. Case No. V/97-28 A variance to the front yard setback (15'3" feet requested, 30 feet required) for construction of a two story, 2,000 square-foot addition to an existing single family residence at 2318 Boom Road in the RA, One Family Residential District and Bluffland/Shoreland • District. William C. Messner, applicant. Mr. Messner was present for the discussion. He said the existing garage is 15'3" from the property line. There was some question as to whether the roof over the requested upper porch would be enclosed. Mr. Messner explained the request is for a roof/eaves only to keep the weather out. Mr. Russell said if both ends of the upper porch are open, he would not object to the proposal. Mr. Russell noted the request has been sent to the DNR for review; the DNR comments had not been received at the time of the meeting. The request also has to go before the City Council. Mr. Zoller, seconded by Mr. Roetman, moved approval as conditioned. Motion passed 6-1, with Mr. Wiedner voting no. Case No. V/97-29 A variance to the front and side yard setbacks for a 6 foot extension of a porch and the construction of a two-car garage with a shop above at 602 N. Fifth St. in the RB, Two Family Residential District. Amy Senn, applicant. The applicant and her husband, Jason Ruddie, were present for the discussion. Ms. Senn presented a list of 33 signatures of neighbors indicating there were in agreement with the proposed project. She said the space above the garage primarily would be used to store tools as the couple is in the process of restoring their home; the space would not be used for any business purpose. Mrs. Bealka, seconded by Mr. Rheinberger, moved approval as conditioned. Mr. Zoller said he thought the proposed improvements would add to the entire neighborhood, and Mr. Fontaine noted the setback encroachment already exists. Motion passed unanimously. Case No. V/DR/97-30 A variance and design review for four signs, one allowed, for a restaurant located at 14200 60th St. N. in the BP-C, Business Park Commercial District. Prowood Signs Inc., applicant. Tom Steinke, representing Prowood Signs, was present for the discussion. He explained the requested sign package and provided colored drawings of the requested signs. • Jim Blichfeldt, developer of nearby twin-homes, expressed his concern about the requested sign on the western elevation of the building. He also • questioned the use of block on the rear elevation of the building. Wayne Branum, no address given, asked how far the request deviates from the sign ordinance. Mr. Russell noted that the requested pylon sign is within the ordinance guidelines. He also noted that adjacent businesses, Baker's Square and Rose Floral, also have signs on the front of the building, in addition to a pylon sign. John Bourdaghs, Shorty's Cleaner, pointed out that when he opened his drop-off business in River Heights Plaza, he was not allowed to put a sign on the front of the building. The only signage he was allowed was a "cleaners" sign on the main Plaza sign. He suggested that if the city has an ordinance, it should be enforced. Ken Muller representing Famous Dave's restaurant noted that the restaurant closes at 10 p.m. and the sign lights will be turned off at that time. He said the request is for nothing more than already exists on Highway 36 businesses. He further said if something has to be eliminated, the developers would prefer to eliminate the signs on the side of the building. Mr. Steinke said he thought the front entry signs served an • important function. Mr. Rheinberger, seconded by Mr. Valsvik, moved approval of the requested pylon sign and the requested sign on the front elevation. Motion passed 6- 1, with Mr. Wiedner voting no. Case No. SUP/V/97-31 A special use permit and variance for construction of a detached two-story garage structure with an efficiency dwelling unit on the second level at 1213 Fifth Ave. S. in the RB, Two-Family Residential District. Kari Nickeson-Ranum, applicant. Karl Ranum represented the applicant, his wife, and made a presentation outlining their proposed plans. He said the request for the efficiency apartment on the second level of the garage was merely to take advantage of the two-family zoning. The only variance issue is the height of the structure which is 24 feet versus the allowable 20 feet. (Later in the discussion, Mr. Russell said the height of the structure meets the ordinance as it is a gabled roof.) Ron Anderson of the Stillwater Water Department noted that the existing water service to the property is a 3/4 inch line and would not be adequate for additional living quarters. Mr. Russell explained staff's recommendation that the proposed use needs additional study and development of design guidelines. Specifically, he said the factors outlined in paragraph five of staff's recommendation need to be studied and guidelines developed. Mr. Rheinberger moved to deny the request; motion died for lack of a second. Mr. Roetman, seconded by Mr. Rheinberger, moved to continue the request in order to study the impact and address the issues as outlined by staff. Motion passed 6-1, with Mr. Wiedner opposed. Case No. SUP/97-32 A special use permit for a chiropractic practice from a residence located at 1055 W. St. Croix Avenue in the RA, One-Family Residential District. Judd Orff, representing Nina Amundson, applicant. Terry Christianson was present representing Dr. Margaret Mitchell. He explained that Dr. Mitchell's current office space lease is expiring and she would like to operate her practice from the residence at 1055 W. St. Croix Ave., which she is renting, until she can find a new, permanent office space. Rich Cummings, 1060 Amundson Drive, introduced a delegation of neighbors opposed to the request. Mr. Cummings noted that St. Croix Avenue is an unimproved street. He said parking is an issue, as is the fact that the request is to operate a home business from rental property. Speaking in opposition to the request were Rick Kuula, 1241 Amundson Circle; Marge Jordahl, 1115 Amundson Drive; Allan Downey; and Jeff Hands, 1135 Amundson Drive. Concerns centered on the potential for additional traffic; the fact that the area is heavily used by children; and the fact that the street is unimproved. Shelly Michaelis, 1341 Dallager Court, a realtor, noted there is a lot of commercial property available for rent. Mr. Christianson said Dr. Mitchell only sees one patient an hour, and her office is only open from 9:30 to 6:30 Monday through Wednesday. He said the doctor has set herself a deadline of Oct. 1 for finding a permanent location for her practice. 0 Mr. Roetman asked if the ordinance has any stipulation regarding the use of a rental residence for a home-based business. Mr. Russell said the ordinance has no such stipulation. Mr. Fontaine said he was concerned because of the unimproved road and difficult access to the property. Mr. Rheinberger, seconded by Mrs. Bealka, moved to deny the request based on the safety issue; motion passed unanimously. Case No. V/97-33 A variance to the side yard setback (30 feet required, 19 feet proposed) for construction of a 12 x 16 deck at 924 N. Everett St. in the RB, Two Family Residential District. Scott and Jody Stoltz, applicant. The Stoltzes were present for the discussion. Mrs. Stoltz explained they built the deck and then received a letter stating they needed a permit and a variance. She said the placement of the deck eliminates a previous water problem, and she said she had signatures from neighbors, none of whom were opposed to the deck. Mr. Valsvik moved approval, noting the deck improves the appearance of the house but reminding the Stoltzes they should have come before the Planning Commission before constructing the deck. Mr. Rheinberger seconded the motion; all in favor. Case No. PUD/97-34 A planned unit development for the construction of seven single-family, two-story homes with shared driveways at 1303- 1373 S. Fifth St. in the RB, Two-Family Residential District. John Roettger, applicant. Case No. SUB/97-35 A resubdivision for lots 16-22, Block 1, Churchill's Second Addition, and the north 30 feet of lot 15, Block 1, and the south 27 feet of Lot 23, Block 1, Churchill's Second Addition into seven single- family lots at 1303-1373 S. Fifth St. in the RB, Two-Family Residential District. John Roettger, applicant. Mr. Roettger and Shelley Michaelis were present for the discussion. Mr. Wiedner excused himself from the discussion as his firm has represented Mr. Roettger. Mr. Roettger said his plans have changed. He will be constructing six, rather than seven homes, as he has been unable to come to an agreement to Ig purchase the additional property that would enable the seventh unit. He explained his plans for construction of Victorian style, three bedroom homes; all will have front porches and several will have back 4D porches/decks. The proposed street setback is 30 feet. It was noted the front setback could be reduced as existing homes in the area have a 20-25 front setback. Al Ehnert, 1324 S. Fifth St. said he was happy the number of units had been reduced. A resident, who did not identify himself, expressed concern about retention of the existing trees at the rear property line. Michael Anderson, 1312 S. Fourth St., also expressed a concern about retaining the trees and a concern about the appearance of the homes from the rear. Jane Haas, 1222 S. Fourth St., asked about market value of the new homes and whether an excavation plan would be submitted. Ron Anderson, 216 W. Orleans St., expressed a concern about existing drainage from his property and potential cost to himself. Lee Petersen, 1334 S. Fourth St., asked whether the style of the garages would be similar to the style of the homes. The neighbors were generally in favor of the project. There was some discussion regarding the concerns about drainage. Mr. Zoller noted the developer will have to work with the city engineer before final construction plans are approved. Mr. Zoller asked whether the developer will have to pay a park dedication fee since the request is for a planned unit development; Mr. Russell will check on that requirement. Mr. Rheinberger moved approval of the six unit PUD and accompanying resubdivision with the five conditions of approval. Mr. Roetman seconded the motion. Motion passed unanimously, with Mr. Wiedner abstaining. Case No. ZAT/97-1 An amendment to the Zoning Ordinance regarding zoning for newly annexed land. Agricultural Preservation, AP Land. City of Stillwater, applicant. Mr. Russell explained that the new Agricultural Preservation zoning would be something of a "holding zone" for the annexation area. Mr. Wiedner, seconded by Mr. Zoller, moved approval; motion passed unanimously. n u Case No. SUP/94-2 Request for extension of special use permit for trailer in parking lot at 216 W. Myrtle St. in the PA, Public Administration District. Trinity Lutheran Church, applicant. Steve Whitehouse of Family Service St. Croix explained the request and reason the extension is needed. Mr. Valsvik excused himself from the discussion due to his association with Trinity Lutheran Church; Mr. Wiedner excused himself due to his association with Warm World. Mrs. Bealka, seconded by Mr. Roetman, moved approval of the requested extension to March 1, 1999. Motion passed unanimously, with Mr. Valsvik and Mr. Wiedner abstaining. Other business • Long Lake ordinance - After a brief discussion, members agreed the draft Long Lake ordinance prepared by staff was a fair representation of what had been decided at the joint meeting with the Park and Rec Board. Mr. Rheinberger, seconded by Mr. Roetman, moved to recommend the draft ordinance for consideration by the City Council; motion passed unanimously. Mr. Roetman, seconded by Mrs. Bealka, moved to adjourn at 10:10 p.m. Respectfully submitted, Sharon Baker Recording Secretary