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HomeMy WebLinkAbout1998-06-08 CPC MIN• Planning Commission June 8, 1998 Present: Jerry Fontaine, chairperson Glenna Bealka, Kirk Roetman, Darwin Wald, Tom Weidner and Terry Zoller Others: Steve Russell, Community Development Director Absent: Russ Hultman, John Rheinberger and Don Valsvik Mr. Fontaine called the meeting to order at 7 p.m. Approval of minutes: Mr. Wald, seconded by Mrs. Bealka, moved approval of the minutes of May 11, 1998; motion passed unanimously. Case No. V/98-30 A variance request to the side yard setback (30 feet required, 24 feet requested) to attach a third car stall to the west of the existing garage at 2871 Woodridge Lane in the RA, Single Family Residential District. Paul Simonet, applicant. Mr. and Mrs. Simonet were present for the discussion. Mr. Simonet provided a drawing of his requested plans and photos of his house and yard where stakes had been placed to show that the proposed building would not obstruct any views for traffic. He explained that the request for an addition to the existing garage is to provide space for his hobby of falconry as well as to provide additional space for one of his daughter's cars. He noted that he had reduced the size of the requested addition to 994 square feet, within the allowable 1,000 square feet permitted for accessory buildings. Mr. Simonet also said he had spoken with neighbors, none of whom objected to the proposal. Mr. Roetman noted the Planning Commission has tried hard to maintain the Croixwood neighborhood and has held the line on variance requests in the past. Mr. Weidner noted there is no hardship involved. Mr. Roetman, seconded by Mr. Weidner, moved to deny the request. Motion passed 4-2, with Mrs. Bealka and Mr. Zoller voting no. Case No.V/98-31 This case was withdrawn. Case No. SUP/DR/98-32 A special use permit for a three dimension graphic design sign and mural on the south elevation of the building at 218 N. Main St. in the CBD, Central Business District. Mark Balay, applicant. Mark Balay and Lee Bjerk were present. Mr. Balay explained the general building renovation plan and the request for the signage and mural had been reviewed by the Heritage Preservation Commission. He said the HPC had given its approval with the condition that the mural not make use of "living advertising" - Kodak for example. Mr. Balay said the mural will feature John . Runk photos rather than using Kodak, as conditioned by the HPC. 1 Planning Commission . June 8, 1998 Vern Stefan asked about allowing the size of the 3-D graphic and whether it might not set a precedent. Mr. Wald asked how far the mural would extend on the south elevation. Mr. Balay said it would extend to an existing window on that elevation, about 25 feet. Mr. Weidner, seconded by Mr. Wald, moved approval as conditioned, with any modifications/final design to be reviewed by the Heritage Preservation Commission; motion passed unanimously. Case No. V/98-33 A variance to the front yard setback (30 feet required, 24 feet requested) for the extension of the roof line with a porch at 1116 Nightingale Blvd. in the RA, Single Family Residential District. Larry and Lonnice Thompson, applicants. Mr. and Mrs. Thompson were present. Mr. Thompson explained that the request was due to a severe hardship caused by water leakage/ice build up. The only way to correct the problem, he said, is to have a secondary pitch to the roof in order to have enough space to add new insulation. Mrs. Bealka, seconded by Mr. Zoller, moved approval as conditioned. Members noted there was a demonstrated hardship in granting the variance, and the variance, four feet rather than six feet as indicated in the agenda packet, would not be obtrusive to the neighborhood. Mr. Roetman suggested adding a condition that all drainage remain on site; Mrs. Bealka and Mr. Zoller accepted that amendment to the motion. Amended motion passed unanimously. Case No. SUB/98-34 A resubdivision request to change driveways/lot lines at 410 N. Fourth St. and 208 W. Linden St. in the RB, Two Family Residential District. Jill Greenhalgh and Rolf Dittman, applicants. Ms. Greenhalgh was present. She explained that the property at 410 N. Fourth St. is an unusual L-shaped lot. While the house fronts on North Fourth Street, access is off Linden. The applicants have purchased the house on West Linden. There would be no net change to the square footage of either lots if the request is approved, she said. She provided a list of 10 signatures of neighbors in support of the request Mr. Zoller, seconded by Mr. Wald, moved approval as conditioned; all in favor. Case No. SUP/V/98-35 A special use permit for a home business and a variance for number of employees at 430 S. Broadway St. in the RB, Two Family Residential District. Susan Smith, applicant. Ms. Smith, her husband, Dennis, and daughter, Micki, were present for the discussion. Ms. Smith explained that she started conducting her bookkeeping business from her home in 1989 and did • not realize she was out of compliance with city ordinances. She said her husband does all the 2 Planning Commission • June 8, 1998 pick-ups and deliveries and the business does not generate a lot of traffic. She also noted off- street parking is provided behind the garage. Mr. Wald asked about the number of employees. Ms. Smith said she currently has four FTE employees, although the number varies from time to time. Mr. Wald asked Ms. Smith if she had any plans to expand; Ms. Smith said she felt comfortable with the existing number of clients. Nick Sparta, 438 S. Broadway asked whether the special use permit/variance remains with the property should the property be sold. Mr. Russell said the permit/variance stays with the property unless the owners agree to place a restriction on the deed. Mr. Sparta said he was basically supportive of the request, but would not be in favor if the business use is continued beyond the current owners. He expressed a concern about the impact on property values. He also noted the Smiths had agreed to put up fencing on their property, but had not yet done so. Ms. Smith said they would have no problem with a deed restriction. Mary Ann Sandeen, 516 S. Broadway, expressed a concern about traffic. She noted the street already is busy due to Andersen traffic, tourists and the trolleys. She said she was concerned about additional cars and the possible expansion of the Ms. Smith's business. Ms. Smith reiterated that the business generates little in-and-out traffic. Randi Torgerson, 445 S. Broadway, noted that being an older neighborhood, with 50 square-foot front frontage lots and single-car garages, parking is an on-going problem. She also suggested that there is no shortage of office space in Stillwater. Ron Nelson, 509 S. Broadway, stated his opinion that allowing home businesses in the older residential areas is not in the best interest of the City. Ms. Smith stated that none of her employees park in the street. When the discussion was brought to the table, Mr. Russell suggested the possibility of granting the applicant a transition time to deal with the hardship of planning for another location. Mr. Roetman stated the business needs to be brought into compliance with the ordinance, but suggested granting a six month period to accomplish that. Mr. Roetman, seconded by Mrs. Bealka, moved approval as conditioned, with the variance to the number of employees to expire Jan. 1, 1999. Mr. Weidner said a better option would be to deny the request, let the applicant appeal to the City Council and have the City Attorney offer an opinion as to the legality of a "temporary variance." Motion passed 5-1, with Mr. Weidner voting no. Mr. Russell noted it should be clarified that when the variance expires, one non-resident employee is allowed according to the home business ordinance. 3 Planning Commission • June 8, 1998 After the vote was taken, Mr. Sparks reiterated his concern and said he was confused about the implications of allowing one "non-resident" employee. Ms. Smith stated she was willing to place a deed restriction on the property to accommodate Mr. Sparks' concern. It was noted that would be up to Ms. Smith to do on her own. Case No. SUP/98-36 This request was withdrawn. Case No. SUP/DR/98-22 The applicant requested a continuance of the case. Mr. Wald, seconded by Mr. Roetman, so moved; all in favor. Other business: Mr. Russell informed members of upcoming meetings regarding the 62nd Street planning area on June 11 and the Aiple property plan on June 18. Mr. Zoller briefed members on a proposed Conflict of Interest policy and its potential impact on the Planning Commission. Mr. Wald, seconded by Mr. Roetman, moved to adjourn at 9:25 p.m.; all in favor. Respectfully submitted, Sharon Baker Recording Secretary 4