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HomeMy WebLinkAbout1999-02-08 CPC MINPlanning Commission February. 8, 1999 Present: Jerry Fontaine, chairperson Glenna Bealka, Holly Owen, John Rheinberger, Don Valsvik, Darwin Wald and Terry Zoller Others: Community Development Director Steve Russell Absent: Russ Hultman and Tom Weidner Mr. Fontaine called the meeting to order at 7 p.m. Approval of minutes: Mr. Rheinberger, seconded by Mrs. Bealka, moved to approve the minutes of Jan. 11, 1999; all in favor. Case No. V/99-2 Variance to the side yard setback (30 feet required, 20 feet requested) and rear yard setback (25 feet required, 20 feet requested) for construction of a residence at 500 S. Fourth St. in the RB, Two Family Residential District. Bob and Sharon Sneen, applicant. Mr. Sneen was present. He pointed out regarding the side yard setback that the adjacent residence on Pine Street has a setback of 17-18 feet and within the next two or three blocks, • fewer than half of the residences meet the 30 foot setback. He provided a rough sketch of the proposed home; he said landscaping would be low so as not to create any sight problems for adjacent property owners. He said he would be willing to work with neighbors if windows on the west elevation are of concern. He spoke briefly of the difficulty of designing a home due to the size of the lot and said he was trying to build a home that will fit into the neighborhood. Bob Safe, 506 S. Fourth St. said he did not think the lot was big enough for a single-family residence; he also spoke of safety concerns due to the proximity to the stop signs at Fourth an Pine. Mr. Safe also questioned the hardship involved. The resident of 215 W. Pine St. noted that the lot had been up for auction and no bids received because bidders were told there would be no variance; he stated he did not think the property was a buildable lot. Del Blocher, South Fourth Street, said he would be in favor of the proposal if the lot was larger; he asked if the city ever designates a lot as non-buildable. Kathy Safe, 506 S. Fourth St., asked whether the city has any requirements regarding the proximity of driveways to intersections. Mr. Russell pointed out the lot in question does meet the requirements for a single-family home. He also noted that since the adjacent home on Pine Street is closer that the requested 20 feet, a variance would not be needed for the side yard. Mr. Zoller said since a variance is only needed for the rear yard, he would rather stay within the required setback. Mr. Valsvik agreed, noting the property is a small lot and if a house is constructed on the parcel, it should stay within the required setbacks. I* Planning Commission February. 8, 1999 Mr. Rheinberger moved approval of the request, saying the house would add to the tax base and suggesting the safety issue is one of enforcing the stop signs. Mrs. Bealka seconded the motion of approval; motion passed 4-3 with Mr. Rheinberger, Mrs. Bealka, Ms. Owen and Mr. Wald voting in favor, Mr. Fontaine, Mr. Zoller and Mr. Valsvik voting no. Case No. V/99-3 A variance to the sign ordinance at 115 Rutherford Road in the AP, Agricultural Preservation District. Rev. Timothy Casper, Cross Winds Community Church, applicant. Terry Hildebrandt and Truett Lawson, members of the church's "launch team," were present representing the applicant. Mr. Lawson gave a brief description of the background of the new church. He said they were not challenging the ordinance, but noted the ordinance is built around established businesses. All churches begin in temporary housing, he said; he said most of the requested signs were to give proper directions to the site and were necessary for safety reasons. It was also noted the signs are only used for two hours on Sundays and are removed immediately following the service Mr. Russell pointed out that the applicant needs the permission of the underlying property owner - School District 834. He also noted that of the requested seven signs, only three are potentially in the City's jurisdiction; several of the requested signs would be located in county highway right-of-way, several are located in the city of Grant. Mr. Rheinberger moved to approve the requested signs that are in the City's jurisdiction, subject to approval by School District 834 and for the duration of the lease. Mr. Wald seconded the motion; all in favor. Case No. V/DR/99-4 A variance to the parking ordinance (88 required, 0 requested) at 219 N. Main St. in the CBD, Central Business District. Mainstream Development, applicant. Tim Stefan was present representing the applicant. He spoke of the earlier agreement with the City regarding the use of TIF funding to improve the City's parking lot to the east of the property which will satisfy the parking requirement. He also said the developers have a lease agreement with Valley Coop contingent of obtaining the use of city parking to the east of the building. Mr. Russell said the request will be going before the City Council. The Council will determine what type of assistance to provide to the developer; however, he said it is the City's intent to improve that lot when Maple Island is developed. Mr. Rheinberger, seconded by Ms. Owen, moved approval as conditioned; motion passed unanimously. • Case V./99-5 A variance to the parking ordinance (25 required, 0 requested) at 215 S. Main St. in the CBD, Central Business District. Dreamcoat Cafe, Lars-Erick Carlson, applicant. Planning Commission February. 8, 1999 Mr. Carlson was present and briefly explained his business proposal; parking would be shared parking. Mrs. Bealka, seconded by Mr. Wald, moved approval as conditioned; motion passed unanimously. Case No. ZAT/99-2 A Zoning Ordinance Text amendment modifying the accessory units/structures in Traditional Residential (TR) District. City of Stillwater, applicant. Mr. Russell briefly reviewed the proposed changes which would limit the size of accessory structures in the TR District to 600 square feet and one and one-half stories. Mr. Zoller suggested increasing the number of required off-street parking spaces due to the narrowness of streets in the district. It was agreed to increase the number of required off-street parking requirements to five spaces (three covered) and return the amendment for a public hearing at the Commission's March meeting. Case No. ZAT/99-1 A Zoning Ordinance Text amendment establishing tree protection regulations requiring licensing of commercial tree trimmers, protecting significant and heritage trees, establishing tree replacement or payment for removal of trees. City of Stillwater, applicant. Present for the hearing were City Forester Kathy Widin and several members of the Forestry Task Force -- Nancy Brown, Dawn Flinn and Leah Peterson. Ms. Widin briefly highlighted some features of the proposed ordinance: the tree replacement policy; the concept of heritage trees; the licensing of tree removal/trimming contractors; the requirement of permits. Several Commission members expressed a concern about how the proposed ordinance would affect private property owners. Ms. Widin said the intent was not to infringe on the private property owners; the ordinance is directed toward developers and the protection of environmentally sensitive areas such as ravines and bluffs. Don McKenzie, 72"d Street, expressed a concern about the possible impact on small developers. For example, he said he had purchased about 10 acres of property that has hundred of trees. He said the proposed ordinance would probably made it impossible or cost prohibitive for him to ever develop the property. Ms. Peterson showed photos of trees that have been cut down by a "small developer" and stated the City needs a tree protection ordinance. Several Commission members expressed a concern that the ordinance would infringe on an owner's right and make smaller sites unbuildable. It was suggested that the ordinance should include an appeals or variance process. Mrs. Bealka, seconded by Mr. Wald, moved to continue Planning Commission February. 8, 1999 the hearing until the Commission's March 8 meeting for possible inclusion of a variance process; all in favor. Other items: Adult Entertainment Ordinance - Mr. Russell noted regulation of such businesses is a legally sensitive area; the City has taken and adapted existing ordinances. In the discussion, there was some confusion as to the regulation regarding distance from existing buildings; Mr. Zoller was concerned that the ordinance might allow such a business to be located next to a bar. Mr. Fontaine suggested adding a restriction regarding the proximity to park/recreation areas. It was agreed to continue the matter to the Commission's March meeting and ask City Attorney Magnuson to attend; Mr. Zoller, seconded by Mr. Wald, made that in the form of a motion. Special setbacks for major roads in the expansion area - Mr. Russell said the proposal is intended to preserve a sense of rural character in the expansion area by increasing the setback on major roads - County Highways 15 and 12, Trunk Highway 96, McKusick Road and perhaps Boutwell Road - from the existing 30 feet to 100 feet, as well as 75 foot setback from the railroad line in the area. Mr. Fontaine suggested eliminating Boutwell Road from the proposal, due to existing development. Staff was directed to refine the proposal and return for further discussion. Mrs. Bealka, seconded by Mr. Wald, moved to adjourn at 9:15 p.m. Respectfully submitted, Sharon Baker Recording Secretary r1 U