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HomeMy WebLinkAbout1998-07-13 CPC MINPlanning Commission July 13, 1998 Present: Jerry Fontaine, chairperson Glenna Bealka, Russ Hultman, John Rheinberger, Kirk Roetman, Tom Weidner Others: Community Development Director Steve Russell Absent: Don Valsvik, Darwin Wald and Terry Zoller Mr. Fontaine called the meeting to order at 7 p.m. Approval of minutes: Mrs. Bealka, seconded by Mr. Rheinberger, moved approval of the minutes of June 8, 1998; all in favor. Case No. SUP/V/98-37 A special use permit for an office/retail business and variance for parking at 125 S. Main St. in the CBD, Central Business District. Janet Sawyer/Larry Nelson, Root Properties, applicants. Ms. Sawyer and Mr. Nelson were present for the discussion. Ms. Sawyer and Ms. Nelson stated they had no tenants at this time; they had just closed on the purchase of the building and were renovating the storefronts. They said their goal is to have retail on the first floor, probably with no more than two or three employees. Plans for the second floor as office space are a little more "iffy" as it will be a new use. Mr. Russell suggested that since there are no good solutions to parking in the downtown area, when tenants are more defined, they be asked to participate in the City's employee parking program. Mr. Weidner noted with a mixed use, the office tenants may not share the same opinion about parking as the retail tenants. Mr. Weidner asked if there was some way to require that employees purchase parking permits, rather than grant a variance. Mr. Rheinberger, seconded by Mr. Weidner, approved approval as conditioned. Motion passed 5-1, with Mr. Weidner voting no, stating he thought the ordinance should be changed rather than granting a variance. Case No. SUP/98-38 A special use permit for a bed and breakfast (transfer of ownership) at 319 W. Pine St. in the RB, Two Family Residential District. Ken and Kim Jadwin, applicant. The applicants were present. They stated there would be no change to the existing business. Pat Peterson, 320 W. Pine St., stated the previous owners were supposed to have paved the driveway, but never did; she asked if the new owners would have to do the driveway. In response, Mr. Fontaine noted there are many private residences with gravel driveways. Ms. Peterson also asked about the conditions regarding special events. Mr. Weidner noted the ordinance allows six special events per year, rather than per month as indicated in the agenda packet. is 1 Planning Commission July 13, 1998 Ms. Jadwin asked whether it would ever be possible to have more than six special events should some unusual situation arise. Mr. Russell stated the owners would likely have to make a request to the City Council. Mr. Hultman, seconded by Mr. Rheinberger, moved approval as condition, changing the language in the condition regarding special events to six annually. Motion passed unanimously. Case No. ZAM/98-6 A rezoning of outlots A & C, Neal Meadows located west of Neal Avenue and north of Boutwell Road, from AG, Agricultural Preservation to RA, Single Family Residential District. Trail Head Development, applicant. Jim Peterson, project manager was present. Mr. Rheinberger, seconded by Mr. Hultman, moved to recommend approval of the rezoning to the City Council; motion passed unanimously. Case No. SUP/98-39 A 19-lot, single family subdivision of outlots A & C, Neal Meadows. Trail Head Development, applicant. Jim Peterson, project manager, briefly explained the proposal. He noted that he had allowed the • city to construct the trunk sewer line serving the new elementary school and the Long Lake developments over a portion of the property. He also noted the recommendations of the AUAR regarding a buffer and setback along Brown's Creek affects the proposed development. He said, as proposed, he is providing a neighborhood play area, with the remainder of the required park dedication to be a cash payment; he said he can't change a lot in the layout of the development due to the AUAR requirements and the trunk sewer line. Linda Livermore, 8120 Neal Ave., asked whether the city would maintain the park and whether there would be a trail to and from the park. Mr. Peterson said he is required to construct a five- foot sidewalk on one side of all streets; the sidewalk probably would be on the west side of the street. Much of the discussion centered on the condition regarding the provision of a trail system through the development. Mr. Peterson suggested the trail would lead to nowhere, since there is no easement getting to the property. He also said the trail would have to go into the 100-foot buffer strip along Brown's Creek. And he also expressed a concern about the requirements due homeowner privacy issues. Mr. Russell said there is a trail system being planned for the entire annexation area, and it is important not to lose properties that are part of the overall system. The Trail Head development system will be a linear pathway connecting with McKusick, he said. Mr. Fontaine also noted that in discussions regarding the Long Lake developments, residents have given a "strong message" 40 to preserve open space and make it accessible. 2 Planning Commission is July 13, 1998 Mr. Weidner expressed his concern about accepting money in lieu of park dedication. Mr. Russell said the plan still has to be reviewed by the Park and Recreation Board. Mr. Weidner also express a concern about the other outlots which enable Trail Head to have control of access to sewer/water. Mr. Russell said that issue can be addressed in the development agreement. Mr. Rheinberger, seconded by Mrs. Bealka, moved approval as conditioned. Motion passed 5-1, with Mr. Weidner voting no, saying he was concerned with the outlots and small park. Case No. SUB/98-40 A resubdivision of 1412 W. Olive Street (three lots) into two lots of 10,350 and 8,050 square feet (10,000 feet required) in the RA, Single Family Residential District. Lloyd 1. Zieske, applicant. Mr. Zieske said the intent of the resubdivision is to clean up the property title. Mr. Rheinberger, seconded by Mr. Hultman, moved approval as .conditioned; all in favor. Case No. V/98-41 A variance to the front yard setback (10 ft. requested, 30 ft. required) for construction of a two-story garage at 300 E. Willow St. in the RA, Single Family Residential District. Margaret Zoltai, applicant. Ms. Zoltai and her fiance were present. One letter of objection had been received by the City. Ms. Zoltai said the preferred location of the garage is due to "aesthetics" and the placement in relation to the children's bedrooms. She stated moving the garage to the other side of the house can't be done due to the septic system location, and the hill makes moving the garage back on the property "prohibitive." She also stated "there's not a house on the street that meets (setback) requirements." Ms. Zoltai's fiance said it has been difficult to determine property lines. He also asked whether the slope of the hill would be a factor in granting the variance. Mr. Russell said the setback requirement is 30 feet from slopes of 25 percent or greater and that might be a factor if the applicants returned with more definitive information; the applicants decided to pursue that course of action. Mr. Roetman, seconded by Mr. Rheinberger, moved to continue the case; all in favor. Case No. V/98-42 A variance to the sideyard setback (10 ft. required, 5 ft. requested) for construction of a deck at 1232 Driving Park Road in the RA, single Family Residential District. John and Sally Kirwin, applicants. Mr. Kirwin was present for the discussion. He briefly talked of the limitations presented by the shape of the lot and the desire to preserve some of the backyard. He said the proposed location, 3 Planning Commission i July 13, 1998 notched in an area behind the garage, would be "relatively non-intrusive" and provided a letter from neighbors stating they had no objections. Mr. Rheinberger moved approval as conditioned; Mr. Fontaine seconded the motion for discussion purposes. Mr. Rheinberger said the proposal is about the only option to construct a deck without ruining the beauty of the applicant's backyard. Mr. Weidner said landscaping does not represent a hardship. Mr. Fontaine said he though a small backyard is a hardship. Motion of approval passed 4-2, with Mr. Roetman and Mr. Weidner voting no. Case No. V/98-43 A variance to the fence ordinance for construction of a 6-foot high cedar fence at 716 W. Laurel St. in the RB, Two Family Residential District. Brian and Michelle Gohl, applicants. Mr. Gohl was present for the discussion. Mr. Fontaine noted the request seemed to be prompted by a desire to provide a sight and sound barrier from nearby businesses and traffic. Mr. Russell pointed out the fence would not affect any views from the south, and the height requirement is not as relevant due to an existing garage. Mrs. Bealka, seconded by Mr. Rheinberger, moved approval. Motion passed 5-1, with Mr. Weidner voting no. • Case No. V/98-44 A variance to the accessory structure (1,000 sq. ft. allowed, 1040 sq. ft. requested) at 301 Darrell Court in the RA, Single Family Residential District. Brian Palmer, representing Steve and Nancy Glaser, applicants. Mr. Palmer and the applicants were present for the discussion. Mr. Palmer explained the structure would not encroach into the side or backyard setbacks. He said the variance is being requested in order to keep existing roof lines and soffit and fascia lined up so the structure doesn't look like an addition. Mr. Roetman asked why the applicants couldn't just shorten the structure in order to meet requirements. Mr. Palmer said that could be done, but it might add to construction costs in order to keep existing roof lines. Attorney Karl Ranum, representing Pat and Arthur Gill, 302 Darrell Court, spoke against the variance; he stated there was no hardship involved and asked the Commission to deny the request. Mrs. Gill explained her primary objection is drainage problems in the area; she provided photos of the properties. Mr. Glaser responded that the proposal would not change the drainage, and, in fact, the water drains to their property, Mr. Roetman, seconded by Mr. Hultman, moved to deny the requested variance. Motion passed 5-1, with Mrs. Bealka voting no. • 4 Planning Commission July 13, 1998 Case No. V/98-45 A variance to the front yard setback (20 ft. required, 6 ft. requested) for construction of first and second floor decks at 906 Fifth Ave. S. in the RB, Two Family Residential District. Maurice Stenerson, representing John A. Prosser, applicant. Mr. Stenerson was present. Also present were David and Julie Hartung, 910 Fifth Ave. S., and their attorney, Karl Ranum. Mr. Ranum stated the Hartungs' objection is that any extension of Mr. Prosser's residence to the east impinges on the Hartungs view of the river to the northeast; even a first floor deck would impinge on the view, he stated. Mr. Ranum stated the proposal would have a substantial negative effect on the value of the Hartungs' property. Mr. Ranum further stated there is plenty of room to construct the desired decks elsewhere on Mr. Prosser's property. Mr. Stenerson explained that Mr. Prosser is planning on having his elderly parents live with him and would like the deck at the same level as the house and garage. He said the house directly south of Mr. Prosser is at a higher elevation and a first floor deck likely would not affect their view. Mr. Hartung provided photos showing the potential negative affect on their view and stated he had told Mr. Prosser his plans would be a disaster and destroy their view to the north. He also noted that Mr. Prosser has two lots which offer plenty of opportunity for him to expand in a different location. Mrs. Hartung also spoke against the proposal. In the discussion, it was noted that there are other alternatives for Mr. Prosser to construct a garage/deck on his property and that the applicant currently has a garage and access off the rear of the property from Hudson Street, which is a paved/maintained street. Mr. Roetman, seconded by Mr. Hultman, moved to deny the request; all in favor. Case No. V/98-46 A variance to the rear yard setback (25 ft. required, 5 ft. requested) for construction of a 24 x 31 addition, including an attached 2-car garage, full bath and laundry room at 904 S. Fifth St. in the RB, Two Family Residential District. Maurice Stenerson, representing Thomas C. Pugh, applicant. Mr. Stenerson and Mr. and Mrs. Pugh were present. Mr. and Mrs. Pugh stated that they currently share a driveway with three houses and are forced to park on the street. The addition also would include a bath and laundry; currently there is no bath on the main level of the house. The proposal as presented would result in an 11-foot driveway. Members expressed concern about the length of the drive as creating a potential safety hazard. Mr. Stenerson suggested a possible alternative for correcting the driveway situation would be to lower the garage floor and construct a two-story garage; a backyard variance would still be required. The Pughs agreed that would be a viable alternative if a variance is granted for the backyard. Planning Commission • July 13, 1998 Mr. Hultman, seconded by Mr. Rheinberger, moved approval as conditioned, with the additional condition that a 20-foot long driveway ( from the sidewalk to the inside edge of the garage) be provided. Vote was 5-1, with Mr. Weidner voting no. Case No. V/98-47 A variance to the side yard setback (6 ft. required, 2 ft. requested) for construction of an addition which includes a one-car garage at 809 W. Olive St. in the RB, Two Family Residential District. Lee Stylos, applicant. Mr. Stylos was present. Mr. Rheinberger abstained from the discussion due to a possible conflict of interest. It was noted that mature trees prevented the structure for being located elsewhere on the property. Mrs. Bealka, seconded by Mr. Roetman, moved approval as conditioned. Vote was 4-1, with Mr. Weidner voting no and Mr. Rheinberger abstaining. Case No. SUB/98-48 A resubdivision of lots 14, 16 and 18, Block 2, Greeley and Slaughter's Addition into two lots of 7,989 and 10,164 square feet (7,5000 square foot minimum) at 211 N. Owens St. in the RB, Two Family Residential District. Folz, Freeman, Dupay and Associates representing JoAnn Montbriand and Teresa Maslowski, applicants. • The applicants were not present. Lisa Gillian, 913 W. Mulberry St., expressed a concern about what type of houses might be constructed, saying the new structures should be compatible with the neighborhood. Mr. Russell and Mr. Fontaine noted that is not an issue to be considered in granting a resubdivision, as long as the subdivision meets the ordinance, which this request does. Mr. Rheinberger, seconded by Mr. Roetman, moved approval as conditioned; all in favor. Case No. SUP/V/DR/98-49 A special use permit, design review and variance to parking (0 provided, 20 spaces required) for construction of a 2,450 square foot restaurant at the corner of Chestnut and Water streets) in the CBD, Flood Plain District. Tim Stefan representing Mark Hanson, applicant. Mr. Stefan and Mr. Hanson were present. Mr. Fontaine noted the proposal had been reviewed by the Heritage Preservation Commission and received unanimous approval. Mr. Weidner asked about purchasing parking permits for employees. Mr. Hanson said he is still debating the amount of seating in the restaurant and whether to concentrate on over-the-counter business rather than primarily sit-down business. He said much of the time the business will be run by one person. He also stated he is still uncertain as to the second floor use. Mr. Hultman expressed a concern about the amount of room provided for outdoor seating. Mr. Stefan briefly reviewed design plans. • 6 Planning Commission July 13, 1998 Mr. Rheinberger, seconded by Mr. Hultman, moved approval as conditioned; all in favor. Other business: A letter regarding the Green Corridor Project was included in the packet. Mr. Russell said representatives of the project had addressed the Open Space Committee; it was agreed Mr. Russell should contact a representative to schedule a presentation on the project at a future meeting. Mr. Hultman noted there is a free class for people involved with local planning commissions that will be held in Bemidji in September. Mr. Hultman was to provide Mr. Russell with the information to see if it might be possible for interested members to attend. Mr. Roetman, seconded by Mr. Rheinberger, moved to adjourn at 9:55 p.m.; all in favor. Respectfully submitted, Sharon Baker Recording Secretary • • 7