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HomeMy WebLinkAbout1998-10-12 CPC MIN• Planning Commission Oct. 12, 1998 Present: Chairperson Jerry Fontaine Glenna Bealka, John Rheinberger, Don Valsvik, Darwin Wald, Terry Weidner and Terry Zoller Others: Community Development Director Steve Russell Absent: Russ Hultman and Kirk Roetman Mr. Fontaine called the meeting to order at 7 p.m. _Approval of minutes: Mr. Rheinberger, seconded by Mr. Wald, moved approval of the minutes of Sept. 14, 1998; all in favor. Case No. SUP/98-60 A subdivision request to subdivide a 21,000 square foot parcel into three parcels of 2,900 square feet, 4,200 square feet, and 13,900 square feet at 219 N. Main St. in the CBD, Central Business District. Mainstream Development Partnership, applicant. Vern Stefan and Tim Stefan were present for the discussion. Mr. Rheinberger, seconded by Mr. Valsvik, moved to recommend approval as conditioned; all in favor. Case No. SUP/V/98-59 A resubdivision of Lots 1 and 2,Block 2, plus a 10 foot easement area, McKinstry and Seeley's Addition at 404 S. Grove St. in the RA, Single Family Residential District into two lots of 10,095 square feet. Russ Kurth, Kurth Surveying representing Frank Biedny, applicant. Case No. SV/98-67 A request for a street vacation of the south 25 feet of Oak Street, along the north side of Lot 1, Block 6, McKinstry and Seeley's Addition in the RA, Single Family Residential District, Frank Biedny applicant. Mr. Kurth and Mr. Biedny were present for the discussion. Mr. Kurth questioned why the recommendation was for the south 10 feet only; he said he though the north half of the street was already vacated. Mr. Russell explained it was the city engineer's recommendation that 15 feet is needed to accommodate possible future repairs to the storm sewer. Mr. Russell said the exact location and depth of the storm sewer needs to be verified; based on that information, the easement could be adjusted. Mr. Fontaine suggested that perhaps the approval should be stated as 15 feet from the storm sewer rather than a 10 foot vacation (easement). Mr. Rheinberger, seconded by Mrs. Bealka, moved to approve the street vacation (easement) 15 feet from the storm sewer line; motion passed unanimously. Mr. Valsvik, seconded by Mr. Rheinberger, moved approval of the resubdivision request. Mr. Zoller asked if Mr. Biedny would meet the lot size requirement if the street vacation is less based . Planning Commission Oct. 12, 1998 on the location of the storm sewer. Mr. Russell said the minimum lot size requirement would be met; if the vacation is less, it would limit the design of a new structure that could be built on the lot. Motion of approval passed unanimously. Case No. V/DR/98-18 A variance to the side yard setback (10 feet required, 3 feet requested) for construction of a 55 ft. x 55 ft. two-story classroom addition and a 50 ft x 70 ft. ambulatory addition at 214 Third St. N. in the PA, Public Administrative Office District. James Whipkey and Bob Ayres, representing Ascension Episcopal Church, applicant. Present for the discussion were James Whipkey, Bob Ayres and Jane Stillman representing Ascension Episcopal Church. Mr. Whipkey reviewed the design plans. The addition will be constructed of the same type of materials and detailing as the existing structure. The existing parish hall will remain, with additions constructed on both ends. The additions would be no closer to the property line than the existing structure. The Third Street access will be maintained. Mr. Zoller raised a question about parking. Mrs. Stillman responded that the addition will not increase parking needs; the sanctuary itself is not being expanded. Also, the addition will not result in any loss of existing parking spaces. Mr. Valsvik noted that according to an SEH study, there is no parking problem along Third Street. Mr. Rheinberger, seconded by Mrs. Bealka, moved approval as conditioned. Mr. Whipkey said they were aware of all the conditions and had no problem with any of the conditions. Motion passed unanimously. Case No. V/98-61 A variance request to bluff setback (40 feet required, 23.4 feet requested) for construction of an addition to a garage at 114 Lakeside Dr., in the RB, Two Family Residential and Bluffland Shoreland District. Jon and Deanne Stratte, applicants. Mr. and Mrs. Stratte were present. Colleen Weiss, 107 Lakeside Dr., spoke against the request and provided a letter for the record (attached). Also provided for the record was a letter from the Lakeview Harbor Association signed by Mark Smith, president, indicating the Association was not opposed to the request. Mr. Russell noted the Stratte property is in the Bluffland/Shoreland District. He said Mrs. Stratte had taken pictures showing the addition would not be visible from the river. He also said the addition would have no impact on the Weiss' view of the river. Speaking in favor of the request were Mary Mann, who stated the Strattes' request is based on a necessity, and Pat Rousseau, 120 Lakeside Dr. Bob Knox, treasurer of the Lakeview Harbor Association, said he did not sanction or write the letter from the Association; however after reading the letter, Mr. Knox said he had no objection. Mr. Zoller asked whether the letter was • 2 • Planning Commission Oct. 12, 1998 representative of the Association's position; Mrs. Stratte noted that 12 of 15 neighbors had signed the letter. Mr. Russell reviewed the requirements for making a determination regarding a property in the Bluffland/Shoreland District. He said an important consideration would be hardship. Dr. Stratte explained the request, which will provide for laundry facility and bathroom, is needed due to Mrs. Stratte's medical condition, pulmonary hypertension. As the disease progresses, the heart enlarges and it will become more difficult for her to carry up laundry from the existing laundry area; also handicapped accessibility to the existing bathrooms will become an issue. To convert an existing bedroom, as had been suggested, he said would mean that their daughter would not be able to stay with them when she visits, and it would likely impact the salability of the home. Mr. Rheinberger, seconded by Mrs. Bealka, moved to approve the request as conditioned based on hardship (inability to access uses specific to the building) to the property owner. Mr. Weidner noted the existing garage and house already are in violation of the Bluffland setback requirements. He suggested incorporating findings that there are no violations of the Bluffland/Shoreland regulations into the motion. The motion incorporating the findings passed is unanimously. Case No. V/98-62 A variance to the front and side yard setbacks (30 ft. and 10 ft. required, 0 ft. requested) to rebuild a garage at an existing location at 808 S. Fifth St. in the RB, Two Family Residential District. Steve and Dorothy Hooley, applicants. Steve Hooley was present. Mr. Fontaine abstained from the case, and Vice Chair Valsvik temporarily assumed the chairmanship. Mr. Hooley explained that the existing garage is caving in. The only thing that would be changed is the installation of a two-car door, rather than a one-car. The rebuilt garage would match the house materials. Mr. Zoller, seconded by Mr. Wald, moved approval as conditioned; all in favor. Case No. SUP/98-64 A special use permit request for a massage therapy business to be conducted from a residence located at 148 Myrtlewood Court in the RA, Single Family Residential District. Phil and Gayle Parizino, applicants. Gayle Parizino was present and submitted a list of neighbors who indicated they were not opposed to the proposal. She said off-street parking is available; she would have limited hours and no employees. 3 Planning Commission Oct. 12, 1998 Mr. Rheinberger, seconded by Mr. Valsvik, moved approval as conditioned; all in favor. Case No. V/98-65 A variance to the side yard setback (25 feet required, six feet requested) for construction of an attached garage at 109 Center St. S. in the RB, Two Family Residential District. Dale Peterson, applicant. Mr. and Mrs. Peterson were present. Mr. Peterson explained he was actually requesting three variances: A side yard variance (4 feet), rear yard (18 feet) and square footage for accessory structure (32 square feet) to accommodate a three-stall garage, in addition to the house addition (kitchen, deck). He said he needed a third stall on the garage to provide storage for numerous pieces of equipment. He said he would be willing to forgo the request to exceed the size of the accessory structure, however. Mr. Weidner noted that owning a lot of "stuff' doesn't constitute a hardship. In the discussion, it also was noted that the request would create a great deal of structure on the lot. Mr. Rheinberger, moved to deny the variance for a three-stall garage and to approve a 13-foot variance to the rear yard setback to accommodate a two-car attached garage. Mr. Zoller seconded the motion; all in favor. r Case No SUP/98-66 residence at 1055 W Mitchell, applicant. A special use permit request for a chiropractic/healing practice from a St. Croix Ave. in the RA, Single Family Residential District. Margaret Dr. Mitchell was present. Mr. Fontaine noted this issue had been before the City Council previously. The Council had granted a permit until March of 1998. Ms. Mitchell explained that she did not practice in her home until August when an emergency situation arose that forced her to move the practice to her home. She apologized for not appearing before the Planning Commission until this time. She said she will not have an office manager contrary to what was indicated in the agenda packet. She stated she would like to practice out of her home three days a week, two days a week from an office in the Cities. Mr. Rheinberger questioned whether the City Council had assumed authority in the matter, since the Council had reviewed the request and said there was no option for renewal of the temporary use it had granted. Mr. Weidner said if the applicant meets the standards for a conditional use permit, the permit cannot be denied. Mr. Fontaine noted that when the matter was heard before, the primary objection was the narrowness of the road Ms. Mitchell's home is situated on and the proximity to a school and school bus stop. Ms. Mitchell responded that the road is a privately-owned road which she pays • to have plowed, as indicated in a letter from the owner Nina Amundson. She suggested that more 4 • Planning Commission Oct. 12, 1998 traffic is generated because she has an eight-year-old son than is generated by her business; she only sees one patient every hour and one-half, she stated. Marge Jordahl, 1115 Amundson Dr., spoke against the request. She stated her concern about allowing the use in rental property on an unimproved road. She said the business brings strangers into the neighborhood. She stated she is opposed to setting a precedent of allowing commercial use in a single-family neighborhood; she added there is plenty of office space available for rent. Ann Cummings, 1060 Amundson Dr., noted she has had to appear before the Planning Commission/City Council on three different occasions regarding this issue. She remains concerned about kids using the street to get home from the bus stop. She said she feels strongly that commercial use is not wanted in a residential neighborhood. Rich Cummings, 1060 Amundson Dr. and City Council member, noted that the primary reason the Council denied the permit was not because the Council is against commercialism, but because of the location of the home on an unimproved street. He noted the Council granted Ms. Mitchell an amount of time to find another location and now she is back with the request at "square one." The neighbors are concerned and object to the request, he stated. Also speaking in opposition was Shelly Michaelis, 1341 Dallager Court, who expressed a • concern about the impact on property values, as well as the safety of the road, and Rick Coula, a neighbor, no address given, who reiterated a concern about safety. Speaking in favor of the request were a neighbor, Bonnie Ramault, no address given; Gayle Parizino, who appeared before the Commission with a similar request earlier in the meeting; and two of Dr. Mitchell's patients, Karen Kress and Joan Zeltman. Mr. Fontaine questioned whether this case represented a new request since the City Council had already made a decision. Mr. Russell responded that this was a new request. The issue, Mr. Russell said, is whether the use would generate more traffic that a strictly residential use. Mr. Zoller said since the permit had been denied by the Council previously, he didn't think the Planning Commission had the authority to rule on the request; he said he thought the matter needed an interpretation by the City Attorney. Mr. Weidner said he did not think the City Council could preclude the lawful use of the property as long as the use meets the criteria of the Home Business ordinance. Mr. Rheinberger, seconded by Mr. Zoller, moved to take no action and refer the matter to the City Council. Mr. Russell suggested amending the motion to refer the matter to the City Attorney for clarification due to the Council's previous action. Mr. Rheinberger and Mr. Zoller agreed to amend the motion as suggested; motion failed 2-5, with Mr. Rheinberger and Mr. Zoller voting in the affirmative. n U 5 Planning Commission Oct. 12, 1998 Mr. Zoller moved to deny the request; motion died for lack of a second. Mr. Weidner, seconded by Mrs. Bealka, moved to approve the request as conditioned. Mr. Russell suggested adding the condition that there be no non-resident employee as required by ordinance; Mr. Weidner and Mrs. Bealka agreed to add that condition. Amended motion passed 5-2, with Mr. Zoller and Mr. Wald voting no. Public Heariniz on 62nd Street area plan Sherri Buss of Bonestroo, Rosene & Anderlik briefly reviewed the plan, highlighting storm water management, traffic circulation, land use, and parks and open space. Jon Engelking, 1220 Nightingale Blvd., initially stated he was generally pleased with the plan. He noted there had been some talk about the possibility of moving a green space area a little farther south. Ms. Buss said engineers will determine the exact location during feasibility studies. Mary Jo Krenik, 1165 Nightingale, asked whether there had been any consideration given to a meter control gate for Brewers Pond. Ms. Buss responded there will be a control structures at the ponding areas, which should improve the water quality of Long Lake. Ron Pinc, representing Mr. and Mrs. Sid White, owners of property at 6286 Stillwater Blvd, asked that a two-acre parcel of property the Whites own along Stillwater Boulevard (Highway 5) be increased in density, to 18-20 units per acre, from the townhouse density as indicated in the plan. Later in the discussion, Mr. White asked that consideration be given to the request for increased density. Tim Nolde, potential developer of the Whites' property, indicated a willingness to work with neighbors. Richard Huelsmann, 12610 62nd St. N., said he was satisfied with the proposed plan, but was surprised to hear of the proposed density change and would be opposed to any increased density. He also stated he hopes that the cul-de-sac on 62nd Street will be constructed as soon as possible. He also suggested that as part of the long-range plan, the two ponding areas south of 62nd Street and north of Highway 36 be included in the plan. It was the consensus of members to add the future ponding areas to the plan. Jon Engelking expressed his opposition to any increase in density, as did Phil Martin, 1018 Nightingale Blvd; a resident at 650 Nightingale; and Susan and Dan Whalen, 1180 Nightingale Blvd. Art Junker, 1164 Parkwood Lane, asked about paths connections. Ms. Buss said the path/trail plans will be developed in more detail during the feasibility study. Laurie Maher, 3018 Marine Circle, questioned the impact on the level of Long Lake if changes aren't made to the outlet at the north end of the lake. Ms. Buss and Mr. Russell responded that the AUAR is being followed. 6 • Planning Commission Oct. 12, 1998 David Green, council candidate from Ward 4, questioned the size of the proposed park/open space, spaces that are not accessible to residents as a whole, and suggested that in some instances it may be better to accept fees in lieu of park dedication. Mr. Fontaine closed the public hearing. Mr. Rheinberger, seconded by Mr. Wald, moved to recommend approval of the plan as presented. Motion passed unanimously. Mr. Wald moved to adjourn the meeting at 10:35 p.m. Respectfully submitted, Sharon Baker Recording Secretary 7