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HomeMy WebLinkAbout1997-08-11 CPC MINPLANNING COMMISSION Aug. 11, 1997 • Present: Jerry Fontaine, chairman Glenna Bealka, John Rheinberger, Kirk Roetman, Don Valsvik, Darwin Wald, Tom Wiedner and Terry Zoller Others: Steve Russell, Community Development Director Chairman Fontaine called the meeting to order at 7:03 p.m. Mr. Roetman, seconded by Mr. Rheinberger, moved approval of the minutes of July 14, 1997; all in favor. Case No. SUP/97-41 A special use permit for office use in a residential district at 713 County Road 5 in the RA, One Family Residential District. John Roettger, applicant. Case No. ZAM/97-1 A zoning map amendment from RA, One Family, to RB, Duplex Residential, at 713 County Road 5. John Roettger, applicant. Mr. Wiedner abstained from the discussion and voting. Mr. Roettger explained that he owned the house at 713 County Road 5 and had been approached by St. Croix Valley Life Care Center to purchase the home for use as the Life Care Center's crisis pregnancy counseling center. Regarding the requested change in zoning, he noted that the change would be consistent with neighboring properties. Mary Lou Junker, St. Croix Valley Life Care Center administrator, and Cherie Morton, one of two part-time paid staff, gave a brief history of the Life Care Center and its services, hours, etc. Ms. Junker noted the agency had been operating from a home given to the agency by Lakeview Hospital and there had been no complaints from neighbors. She said the original intent had been to move the Lakeview home to a commercial property, but found that purchasing commercial property would be cost prohibitive. Steve Roettger and Thomas Loome, both speaking on behalf of the Life Care Center, reiterated the fact that it would be cost prohibitive to purchase suitable commercial property. Susan Giebler, 1601 Morningside Drive, said she lives in the neighborhood near Lakeview Hospital where the Life Care Center is currently located and has no complaints regarding the operation. Mr. Fontaine noted a petition had been received signed by neighbors opposed to the project. Dick Miller, 801 Autumn Way, one of the petitioners, said the Life Care Center was a good cause, but neighbors had a number of concerns. Andrea Shrigley, 869 Autumn Way, asked what would happen with the SUP if the Life Care Center moved out of the home at some point. Mr. Russell said a condition could be added that the use would revert back to single family when and if the Life Care Center moved. Mr. Miller asked if that could be challenged in court. Mr. Russell said the condition could be done as a deed restriction. Mr. Russell alo noted the change in zoning would remain even if the home were sold. Ms. Junker said the Life Care Center would agree to the deed restriction. There was some discussion regarding signage. The allowable signage is two square feet. It was agreed to continue the discussion regarding signage; the Life Care Center could request a variance at some point in the future if so desired. Mr. Roetman expressed his concern about setting a precedent. He also expressed a concern about the parking as shown in the front. Mr. Roettger said part of the reason for the parking in front is a safety concern. Later in the discussion Mr. Roettger said the parking could be modified to allow for two cars only in front; Ms. Junker agreed to that modification. Mr. Rheinberger, seconded by Mr. Zoller, moved to approve the zoning change. Vote was 6-1, with Mr. Roetman voting no and Mr. Wiedner abstaining. W. Rheinberger moved to approve the special use permit as conditioned, with a deed restriction recorded that the property revert back to residential use if and when the Life Care Center vacates the property. Mrs. Bealka seconded the motion. Mr. Roetman asked if the motion could be amended to reflect the proposed parking be modified to accommodate two cars as a turn around. Mr. Rheinberger and Mrs. Bealka agreed to amend the motion to include the condition that parking be reviewed by staff. Motion passed 7-0, with Mr. Wiedner abstaining. Case No. ZAT/97-1 A zoning text amendment regulating the location and construction of commercial towers and antennas for personal wireless . communication service (PWCS). City of Stillwater, applicant. Present for the discussion were Peter Beck, legal counsel for AT&T; Marie Grimm, AT&T local government affairs manager, cellular division; and Peter Coyle, representing American Portable Telecom (APT). Mr. Coyle provided the attached letter for the record. Mr. Russell noted there is increasing demand and need for towers/antennas. The intent of the zoning amendment, he said, is to allow use while mitigating the visual impact of the use. The city's moratorium on the construction of towers expires Sept. 3, he pointed out. Mr. Beck, Mr. Coyle and Ms. Grimm outlined a number of their clients' concerns. Mr. Wald asked if the city's proposed amendment is more restrictive than other local governmental units. Mr. Russell said it is more restrictive than some, but less restrictive than others. Mr. Beck suggested that the proposed language is more restrictive that most other cities. Mr. Coyle, Mr. Beck and Ms. Grimm asked to meet with staff in an effort to find some compromise. • After considerable discussion, Mr. Wiedner moved to continue the matter until the Sept. 8 meeting and have several Planning Commission members and staff meet with the AT&T and APT people, and any other interested telecommunication firms, in order to better understand the issues involved. At Mr. Roetman's suggestion, it was agreed to include a member of the Heritage Preservation Commission in the discussion. Mr. Roetman seconded the motion; motion passed unanimously. Mr. Wiedner and Mr. Roetman volunteered to represent the Planning Commission in the discussions. Case No. V/97-42 A variance to the rear yard setback (25 feet required, 5'3" at nearest point and 8'6" from the farthest point proposed) for construction of a 12' x 14' deck at 1420 Surrey Lane in the RA, One Family Residential District. Scott Faust, applicant. Mr. Faust was present for the discussion. He explained the variance is needed due to the irregular shape of his yard. He also said none of his immediate neighbors object to the plans. Dan de St. Aubin, 1390 Benson Blvd., spoke in favor of the request. 0 Mr. Fontaine pointed out if the deck were no higher than 18" off the ground, a variance wouldn't be needed. The proposed deck is 20" off the ground at one end at 24" at the other end. Mrs. Bealka, seconded by Mr. Rheinberger, moved approval of the requested variance. Motion passed 6-2, with Mr. Wiedner and Mr. Roetman voting no. Case No. V/97-43 A variance to allow the construction of a new home while maintaining occupancy in a current residence at 7155 Melville Court N. in the AP, Agricultural Preservation District. Rick and Karen Reidt, applicants. Mr. Reidt was present for the discussion. He said the current residence is a small home. The home is not sound structurally, he said, and it would cost more to add onto the existing home than to build a new residence. He also asked that the Planning Commission allow a window of time, four months proposed, in which to remove the current home from the lot once the new home is occupied. Paula Kroening, one of the neighboring property owners, spoke in support of maintaining the history of the homestead in the new annexation area. • Mr. Reidt said he appreciated Mrs. Kroening's concerns. However, he said the most historically significant structure of the homestead is his neighbor's house. He said he could not afford to preserve the existing structure due to its condition, and he could not afford to keep two properties. He said the design of his new home would be that of a turn-of- the-century farmhouse. Mr. Wiedner noted the property owner ought to be able to decide what he wants to do with his own home. Mr. Roetman moved approval as conditioned, with the added condition that the existing home be removed within four months of occupancy of the new residence. Mr. Valsvik seconded the motion; motion passed unanimously. Case No. SUP/97-44 A special use permit for a farmer's market at 227 N. Main St. in the CBD, Central Business District. Larson and Stefan, applicant. Vern Stefan was present for the discussion. He noted for the record he was representing L&S Investment Co. Also present were Wendy and Jim • Kloek representing the Farmer's Market. The proposal is to relocate the market from its present location in the parking lot of First Bank on Myrtle Street to the north end of the Maple Island lot. Mr. Stefan said the use would not interfere with parking for Maple Island Hardware; the market would occupy about 24 of the 40 spaces in the lot. Mr. Rheinberger, seconded by Mr. Valsvik, moved approval as conditioned; motion passed unanimously. Other business: Proposed language for allowing accessory dwelling units in the RB District. Members agreed to schedule a public hearing on the proposed language. Mr. Russell will publish hearing notices and notify affected property owners. -Mr. Rheinberger, seconded by Mr. Roetman, moved to adjourn the meeting at 9:20 p.m.; all in favor. Respectfully submitted, Sharon Baker Recording Secretary u ?I