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HomeMy WebLinkAbout1998-11-09 CPC MINPlanning Commission November 9, 1998 Present: Jerry Fontaine, chairperson Glenna Bealka, Russ Hultman, John Rheinberger, Kirk Roetman and Terry Zoller Others: Community Development Director Steve Russell; students from a government class at Stillwater Area High School Absent: Don Valsvik, Darwin Wald and Tom Weidner Mr. Fontaine called the meeting to order at 7 p.m. Approval of minutes: Mr. Rheinberger noted a correction to the vote on Case No. SUP/98-66. The vote was 5-2, with himself and Mr. Zoller voting no, rather than Mr. Wald and Mr. Zoller as stated in the minutes. Mr. Rheinberger also noted a correction to a reference to Mr. Weidner's name. Mr. Rheinberger moved to approve the minutes as corrected; motion passed unanimously. Case No. V/98-70 A variance to the front yard setback (30 ft. required, 28.5 requested) for construction of a screened porch at 1234 Third Ave. S. in the RB, two-family Residential District, Erik W. Ogren, representing Margaret A. Ogren, applicant. • Erik Ogren was present. He explained that the proposed porch would be visually aligned with the porches of adjacent houses. He also presented a list of signatures of 11 neighbors who stated they were not opposed to the proposal. Mr. Roetman asked about the question regarding the gable end indicated on the drawing in the packet. Mr. Ogren stated that was a question for the builder. Mr. Zoller, seconded by Mr. Rheinberger, moved approval as conditioned; all in favor. Case No. SUP/98-68 A special use permit to construct a three-slip dock, landing and parking area at 1513 N. Main St. in the RB, Two Family Residential/Bluffland Shoreland District. John G. Hoeschler, representing Randy Boller, applicant. Mr. Russell handed out written comments from the Department of Natural Resources (DNR). Molly Shodeen was present representing the DNR. Mr. Hoeschler noted the applicant was not requesting a variance; the deck will be within 18 inches of the surface. The applicant is requesting a CUP. The proposed operation will be confined and will provide a good buffer between the Aiple's house and the Yacht Club, he stated. He explained that the parking area will be washed stone/gravel with no binder material as opposed to an impervious surface. He stated the land itself is 18" above the water, and plans are to enhance the natural berm at the bank; he said the applicant had not problem changing the berm plantings as indicated in the staff report. He reiterated that the commercial operation would be limited to private parties who book in advance. 1 Planning Commission November 9, 1998 Mr. Hultman asked why the applicant was requesting three slips. Mr. Hoeschler said the request is to accommodate the excursion boat, the applicant's private boat and a "floating hot tubiboat house." Ms. Shodeen said the DNR only recently became aware of the proposed hot tub; she said DNR regulations do not allow structures on docks. Jan Paquette, 601 Wildwood Lane, speaking on behalf of Mr. Boller, responded that the hot tub was not a structure as it would be floating. Later in the discussion, it was noted that the Corps of Engineers will determine the number of allowable slips. Mr. Roetman suggested changing the language in condition of approval No. 4 to allowing a maximum of three slips and no additional commercial use. The 13 recommended conditions of approval were reviewed. Mr. Hoeschler asked for some leeway regarding condition of approval No. 9 -- that landscaping be installed before operation begins; Mr. Russell noted the Commission could require bonding of up to 125 percent of the estimated value of the landscaping to ensure compliance in the event weather would preclude installation prior to the start of the operation. There was considerable discussion regarding condition of approval No. 3 and what constitutes pervious material. Ms. Shodeen said the DNR did not have much direction to offer the city on that issue. There also was discussion regarding the proposed platform/deck and tent covering. Ms. Shodeen • said it was the DNR's position that the platform needs to meet the 100 foot setback from the river. Mr. Hoeschler said the structure will not be visible from the river, and the structure needs to be close to the river for the comfort of passengers in the event of rain during boarding. Mr. Fontaine expressed a concern about drainage off the tent and suggested adding a 14th condition of approval that the drainage from the tent to directed to the on-side ponding. Mr. Russell pointed out that according to the City's regulations, a structure less than 18 inches high is not considered a deck and does not require a variance. Several members expressed a concern about setting a precedent if the tent is allowed. Ms. Paquette said the tent was similar to canopies allowed for boat slips. Mr. Zoller raised a concern about the safety of the access off Highway 95. He suggested that MnDOT should look at that issue; it was agreed to add approval of the DOT to condition of approval No. 12. After considerable discussion, it was agreed to table the case until the December meeting to obtain the City Engineer's opinion regarding pervious/impervious materials and the City Attorney's opinion as to whether the proposed tent constitutes a structure. Mr. Zoller made that in the form of the motion, seconded by Mr. Roetman. Motion passed unanimously. Case No. CPA/98-2 Comprehensive Plan Amendment establishing greenway corridors, parks and open space and trails for City Expansion Area. City of Stillwater, applicant. 2 Planning Commission • November 9, 1998 Mr. Russell reviewed the plan and stated the plan would be used in reviewing subdivisions. He said the plan is consistent with the Phase 1 developments and has been reviewed and approved by both the Park Board and Open Space Committee. It is a policy document, he said. Mr. Zoller suggested indicating somehow which of the areas are existing parks/trails and which areas are proposed parks/trails/greenways etc. Mr. Rheinberger, seconded by Mr. Roetman, moved a resolution adopting the Expansion Area Greenways, Parks and Trails Plan, with the plan to indicate which are existing and which are proposed areas. Resolution was adopted by unanimous vote. Case No. ZAT/98-7 Zoning Ordinance text amendment amending the Shoreland Ordinance requiring buffer areas along Brown's Creek and setbacks from wetlands. City of Stillwater, applicant. Mr. Rheinberger, seconded by Mrs. Bealka, moved a resolution approving the Zoning Ordinance text amendment. Resolution was adopted by unanimous vote. Case No. V/98-71 This case was continued at the applicant's request. Case No. PUD/98-69 Final planned unit development approval for 98 cottage lots within the • Legends of Stillwater. Ryland Homes, applicant. Dan Herbst of Pemton gave a brief update on work that has been completed in the Legends development. Wayne Soojian, division president of Ryland Homes, reviewed four site plans for the cottage lots and went through the City's PUD conditions. Regarding condition No. 3, sidewalks running from the front entrance to the street, he said that might not be desirable for front-loading garage designs as 25 percent of the front yards would be impervious surface. However, he said Ryland Homes would meet that condition if necessary. Regarding condition of approval No. 9 and the use of four shingle colors, Mr. Soojian said the company traditionally uses a single color for shingles, but would not be opposed to that condition as long as the colors are compatible. Regarding condition No. 11, windows on all sides of the homes, Mr. Soojian said, as proposed, some home designs do have one side wall with no window penetration for privacy reasons in those homes with 15-foot side yards, as well as for interior use issues. Mr. Soojian stated the company would be willing to post bonds in the event weather precludes landscaping of sites before occupancy, as conditioned. He also stated that all front yards and side yards will be sodded. • 3 Planning Commission November 9, 1998 Mr. Herbst suggested that condition No. 4 (use of "traditional" fence design/materials) and the condition regarding shingle colors should be a matter of personal choice rather than a part of the City's "agenda." Mr. Zoller quested whether those were covenants or city guidelines; Mr. Russell stated that the city probably would not enforce guidelines, such as the shingle colors, after the area is fully developed. Discussion centered on conditions No. 3 and 11. Mr. Fontaine said he agreed that sidewalks from the front entrance to the street might not be desirable for all house designs. Mr. Zoller suggested changing the condition to requiring all houses without front-facing garages to have the sidewalk to the street, with front-facing garage designs to have a walk from the entrance to the driveway. Mr. Fontaine said he also agreed that requiring windows on all sides might not be desirable on small lots due to privacy concerns. Mr. Roetman suggested stipulating windows on three sides, and on all street facing sides. Mr. Zoller said he agreed with the condition; it was agreed that adding more windows should be offered as an option. Mr. Rheinberger, seconded by Mr. Hultman, moved approval as conditioned, with the following amendments: condition No. 3, requiring sidewalks from the entrance to the street for all houses without front-facing garages, and walks from the entrance to the driveway for houses with front- facing garages; condition No. 9, changing the word from shall be used to shall be offered; condition No. 11, requiring windows on a minimum of three sides and on all sides facing streets, with the builder offering the option of additional windows; condition No. 13, adding working regarding a 125 percent escrow bond in lieu of completion before occupancy; condition No. 14, adding front and side yards to be sodded. Motion passed unanimously. Other business: It was agreed to appoint Mr. Fontaine to the McKusick Lake committee. Mr. Zoller, seconded by Mr. Roetman, moved to adjourn at 9:50 p.m. Respectfully submitted, Sharon Baker Recording Secretary 4