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HomeMy WebLinkAbout1998-02-09 CPC MIN16 Planning Commission Feb. 9, 1998 Present: Jerry Fontaine, chairman Glenna Bealka, Russ Hultman, John Rheinberger, Kirk Roetman, Don Valsvik, Darwin Wald, Tom Weidner, and Terry Zoller Others: Steve Russell, Community Development Director Mr. Fontaine called the meeting to order at 7 p.m. Approval of minutes: Mr. Rheinberger, seconded by Mr. Valsvik, moved approval of the minutes of Dec. 8, 1997 Case No. SUP/98-3 A special use permit for a dance studio in the second half of a duplex at 310 W. Elm St. in the RB, Two Family Residential District. Gerri Larson, applicant. Robert Halverson, 850 N. Martha St., was present representing Ms. Larson. Mr. Halverson said the dance studio would be operated on a very part-time basis, with four to eight kids in attendance at one time. He said there are two parking spaces in front of each garage stall. He suggested there is more traffic now with renters than would be generated by a dance studio. He also stated that Ms. Larson planned to hire a dance instructor. Mr. Russell pointed out that according to the existing ordinance, non-resident employees are not allowed. Speaking in opposition were the residents of 404 W. Elm St., 302 W. Elm St. and 404 W. Hickory St. Concerns included an on-going problem with Ms. Larson's dog; provision of off- street parking; the traffic that would be generated by the studio. Jeff Kuznia, 404 W. Elm St., stated he had no objection to a dance studio by asked whether a permit, if granted, would be non- transferable. Mr. Russell said a permit would be non-transferable. Robin Halverson, 850 N. Martha, said she could attest to the fact that Ms. Larson would be willing to keep her dog in the house. She also noted that generally parents drop off their children for classes and if the studio is kept to small groups, she said she thought the operation would not pose a problem for parking or traffic. Mr. Wald asked about signage; Mr. Halverson said there would be no signs. Mr. Rheinberger suggested a fifth condition of approval - keeping the dog indoors while classes are in session. Mrs. Bealka moved approval of the request with the five conditions of approval. Mr. Rheinberger seconded the motion. 0 February 9, 1998 Mr. Weidner noted that converting the duplex unit to a dance studio would not meant the purpose of a home occupation permit. As proposed, the request would amount to creating a commercial space with outside help employed, as Ms. Larson would not be living and teaching in her own home. He suggested the request does not come close to meeting the conditions of a permitted home occupation use. Motion to approve the request failed by unanimous vote. Case No. V/98-4 A variance to the front yard setback (30 ft. required, 23 ft. requested) for replacement of existing decks and steps with an enclosed entry located at 104 N. Harriet St. in the RB, Two Family Residential District. Mark Balay representing Dave Johnson, applicant. Mark Balay and Jeanne Johnson were present for the discussion. Mr. Balay provided drawings and elevations. He referred to the unusual topography of the lot, with the street level 16 feet below the main entrance. He said rather than replacing the existing, the design represents a permanent solution - handling the elevation changes within the house, rather than through the exterior decking. He pointed out that if the existing decks were being replaced, a variance would be required - the decking already encroaches into the required setback. The design increases the volume of encroachment, which is why the variance is needed. Speaking in favor of the plan were Bruce and Connie Shalles, 424 N. Myrtle St., Nancy • Wahlquist, 121 N. Martha St., and James and Susan Lund, 115 N. Harriet St. (in the form of a letter). Mr. Valsvik, seconded by Mr. Wald, moved approval of the variance as conditioned; motion passed unanimously. Case No. V/98-5 A variance to the side yard setback (20 ft. required, 19 ft. requested) and rear yard setback (30 ft. required, 20 feet requested) for construction of an outdoor pool at 1826 Northwestern Avenue in the BP-O, Business Park Office District. E.A. Larey representing River Valley Athletic Club, applicant. Ms. Larey and Eric Swanson of Baker Pools were present. Ms. Larey noted the requested side yard setback is 17 feet. Mr. Roetman asked about the type of fencing that would be used. Ms. Larey said the fencing would meet statutory requirements regarding height, etc. She said the issue of fencing material has not been addressed at this point, noting the fencing would be inside the existing tree line. Mr. Rheinberger, seconded by Mr. Valsvik, moved approval as conditioned; all in favor Case No. SUB/98-7 A request to subdivide a 1.33 acre parcel into three parcels, one being 37,684 sq. ft. with existing house, a new parcel of 12,063, and an 8,239 sq. ft. parcel for 2 February 9, 1998 Washington County for McKusick Road at 1010 McKusick Road in the RA, One Family Residential District. Robert Liberty, applicant. Mr. Liberty was present for the discussion. He said he has no definite plans for the new parcel, but it is a buildable site and he wants to prepare now for a possible future use. David Spencer, 825 Amundson Drive, expressed a concern that a new home built on the site might not add to the value and attractiveness of the area. He also questioned whether a new structure would be a single- or multi-family dwelling. Mr. Russell pointed out the area is zoned single-family. Charles Wolsky, 781 Fischer circle, spoke on his own behalf and for Derrick Jones, 701 Fischer Circle, who was unable to attend but sent a letter which was enclosed in the packet. Mr. Wolsky expressed a concern about the appearance of "jamming another house in there" and whether a new structure would conform to the "character of the fully established neighborhood." He further expressed a concern about the topography/slope of the site, and said drainage/run-off is of "grave concern" to Mr. Jones. Alex Kovalchuck, 801 Amundson Drive, also expressed a concern about drainage. He also noted that his garage is five feet from the property line, and if a new house is constructed facing Amundson, rather than Fischer Circle, it could come within 10 feet of his garage. • It was suggested adding preparation and approval of a grading and drainage plan to the conditions of approval. Mr. Rheinberger„ seconded by Mr. Valsvik, moved approval with the added conditions of a grading and drainage plan and provision of a utility easement. Mr. Weidner said the conditions of a grading/drainage plan, water/sewer plan have nothing to do with approval of a subdivision - that's part of the building permitting process. Mr. Rheinberger and Mr. Valsvik agreed to amend the motion of approval to one condition - provision of a utility easement. Motion passed unanimously. Case No. V/98-8 A variance to the side yard setback (10 ft. required, 5 ft. requested) for construction of a new living room located at 1105 Sixth Ave S. in the RB, Two Family Residential District. James Stageberg representing Anne Brosius, applicant. Ms. Brosius was present and showed plans for the new room and explained why the additional space is needed. Mr. Rheinberger, seconded by Mrs. Bealka, moved approval as condition. Motion passed 8-1, with Mr. Weidner voting no. Other business Members reviewed the revised draft of the home occupation regulations. After considerable discussion, the following changes were agreed to: 40 3 February 9, 1998 • Under Type III, remove allowed in RA or RB District; Allowed in RB District only. • Add language to regulation No. 1, Type I, "no permit is required in any district and is allowed if the following conditions are met." Add language to regulation No. 1, Type II and Type II, "Home occupation use permit and public hearing required in RA or RB districts and allowed if the following conditions are met." Add language to regulation No. 1, Type III, "Home occupation permit and public hearing required and allowed if the following conditions are met." • Regulation No. 5 in Type II related to infrequent hobby, craft or art sales include language that such sales are allowed not more than two times a year, not to exceed six days total in a year. It was agreed that same language should be added to Type III businesses as an additional regulation. • Regulation No. 4 in Type II related to retail sales permitted only as accessory to the primary home occupation - add that same language to Type III. • Regulation No. 6 in Type III regarding visitors permitted by appointment only, add language that no more than two visitors are permitted and by appointment only. • It was agreed to add language that a home occupation occupy no more than 400 square feet of the dwelling. Mr. Weidner asked that the City Council redefine permit to indicate permits are "conditional use" rather than "special use" permits. It was the consensus of members to schedule the public hearing on the proposed home occupation permits for the April meeting, rather than March. Mr. Wald, seconded by Mr. Hultman, moved to adjourn the meeting at 9:15 p.m. Motion carried. Respectfully submitted, Sharon Baker Recording Secretary 4