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HomeMy WebLinkAbout2000-07 -10 CPC MINCity of Stillwater Planning Commission July 10, 2000 Present: Jerry Fontaine, chairperson Glenna Bealka, Russ Hultman, Dave Middleton, John Rheinberger and Terry Zoller Others: Community Development Director Steve Russell Absent: Robert Gag, Karl Ranum and Darwin Wald Mr. Fontaine called the meeting to order at 7 p.m. Approval of minutes: Mr. Rheinberger, seconded by Mrs. Bealka, moved approval of the minutes of June 12, 2000; all in favor. Case No. SUP/00-37 A special use permit to change use of an existing nonconforming building from retail sales to mixed use at 215 N. William (Valley Co-op) in the RB, Two Family Residential District. Country House Inc., Gregory Johnson, applicant. Mr. Johnson and Sara and Garry Gilberg, whose business will occupy a portion of the building, were present. Mr. Johnson questioned condition of approval No. 3 regarding the trash enclosure. Mr. Russell stated a commercial dumpster would not be needed if trash is kept inside and taken out the day of pick-up. Mr. Gilberg questioned condition of approval No. 2 requiring all space users other than his business be approved by the Planning Commission at a public hearing. Mr. Russell noted the property is zoned residential and a public hearing would be required to determine the appropriateness of use, once a specific use is decided on for the remainder of the building. Mr. Gilberg stated he is leaning toward residential use in the remainder of the building. There was discussion as to whether a public hearing would be required for residential use, and consensus was it would not. Mr. Hultman suggested changing the language of condition No. 2 to require a public hearing for any uses other than the electrical contractor or residential. The property owner at 214 N. William asked about lighting. Mr. Gilberg stated there would be downlit security lighting in the parking area, but lighting will be more reduced that is currently in use. Mr. Fontaine noted that neighbors must not see the light source. Mr. Middleton, seconded by Mr. Hultman, moved approval as conditioned with the amended language to condition of approval No. 2 and eliminating condition No. 3 if the trash is stored inside the building. Motion passed unanimously. Case No. SUP/00-43 A subdivision to combine lots 20 and 21, Block 11, Churchill, Nelson and Slaughter's Addition into one lot of 10,800 square feet in the RB, Two Family Residential District. Scott Junker, applicant. Mr. Junker was not present. Mr. Russell stated Mr. Junker owns both lots. The subdivision . request must before the City Council. Mr. Rheinberger, seconded by Mr. Middleton, moved to recommend approval of the subdivision as conditioned; all in favor. City of Stillwater • Planning Commission July 10, 2000 Case No. SUP/00-44 A special use permit to place a food concession wagon and/or popcorn wagon with outside eating at 314 E. Chestnut St. in the CBD, Central Business District. Mike and Sandy Hudson, applicants. Sandy Hudson was present. She stated she wanted to know what would be allowed before purchasing the property. She said she would like to place tables and chairs and perhaps a vending cart on the site. She said she plans to make the area look nice. Mr. Russell noted the Heritage Preservation Commission will review the site plans for landscaping and other design issues. Mr. Middleton asked about approvals for outside food serving; Mr. Russell said that goes through Washington County. Mr. Rheinberger, seconded by Mr. Hultman, moved approval as conditioned; motion passed unanimously. Case No. V/00-45 A variance to the side yard setback (5 feet required, 3 1/2 feet requested) for construction of a 9x12' shed with a gazebo at 518 Dubuque St. S. in the RB, Two Family Residential District. Darinka Zizich and Steve Brown, applicants. Mr. Fontaine referred to the letter from Mr. Seaquist in the agenda packet raising the issue of • adverse possession and City Attorney David Magnuson's opinion, also in the packet, that adverse possession is not a valid claim in this issue. The applicants explained that the shed is nearly 90 percent completed. The structure was started 5 1/z feet from the marker believed to be the property line, but when a survey was done, the property line was determined to be 1 %i feet to the east of where it was believed to be, thus necessitating the request for the variance. Mr. Zoller noted that if the applicants hadn't had a survey done, the issue wouldn't even be before the Planning Commission. Mr. Russell said such issues are becoming more and more common in the older sections of the city; he said the City Council will be considering whether to require a survey when a request is to construct a building is within 5 feet of the required setback. Jim White, son-in-law of the neighboring property owner, Gordy Handevidt, said Mr. Handevidt want the structure to be in compliance with the 5 foot setback. Mr. Hultman asked Mr. Handevidt if he knew where the correct property line was prior to the survey, and Mr. Handevidt responded that he did not. Mr. Fontaine noted the issue was one of miscommunication, and that the applicants had acted in good faith in beginning construction. Mr. Rheinberger, seconded by Mrs. Bealka, moved approval for the variance for the shed; motion passed unanimously. The applicants also requested a 1 foot variance for construction of a gazebo on top of the shed. • Mr. Hultman noted the gazebo could be moved over to be in compliance with the required setback; Mr. Zoller noted the applicants could build a deck without a roof. Mr. Zoller, seconded 2 City of Stillwater Planning Commission July 10, 2000 by Mr. Fontaine, moved to deny the variance for the gazebo. Motion to deny passed 4-2, with Mr. Rheinberger and Mrs. Bealka voting no. Case No. V/00-46. This case was continued. Case No. V.00-47 A variance to the rear yard setback (25 feet required, 12 feet requested) and side yard setback (5 feet required, 1.53 feet requested) for construction of a two-stall detached garage at 1342 S. Third St., in the RB, Two Family Residential District. John and Lisa Diedrich, applicants. Mr. Fontaine referred to the memo in the packet from building official Cindy Shilts regarding fire-proofing requirements for structures within three feet of the property line. Mr. Russell noted the proximity of the structure requires more fire protection and also precludes any openings on the north side of the structure. Mr. Zoller asked about drainage. Mr. Diedrich said he planned a 1 foot overhang all around the garage, with gutters on both sides to bring drainage to the front. Mr. Rheinberger moved approval as conditioned, with the added condition regarding the fire- proofing requirements. Mr. Middleton asked whether there should be an added condition requiring gutters on the east and west sides; Mr. Zoller that wasn't necessary as one of the is conditions is that all drainage remain on site. Mrs. Bealka seconded Mr. Rheinberger's motion; motion passed unanimously. Case No. V/00-48 A variance to the front yard setback (30 feet required, 28'6" requested) for replacement of an existing porch at 721 N. Third St. in the RB, Two Family Residential District, Marley Smith, applicant. Margaret and Marley Smith were present. It was noted that all houses in the area are out of compliance with setback requirements. The new porch will be exactly the same distance from the property line as the existing structure. Mr. Middleton, seconded by Mr. Rheinberger, moved approval as conditioned; all in favor. Case No. V/00-49 A variance to the front yard setback (30 feet required, 25 feet requested ) for construction of a 2 '/z-3 stall garage at 721 S. Greeley St. in the RB, Two Family Residential District. Steven and Nancy Breems, applicants. Both applicants were present. They stated the existing garage is 12 feet below street level; it is leaking and causing foundation problems. It was noted that the new garage cannot exceed 1,000 square feet. 3 City of Stillwater Planning Commission July 10, 2000 0 Mr. Middleton, seconded by Mr. Hultman, moved approval, eliminating condition of approval No. 1 and adding a condition that the existing garage must no longer be in use. Motion passed unanimously. Case No. 377 A review of a special use permit and possible modification to an existing special use permit for a self-service gas station with food market (approved in September 1980) at Croixwood Boulevard and County Road 5 in the CA, General Commercial District. Mr. Fontaine said he had looked at the property. He noted the back landscaping needs to be improved; some trash was scattered about, and the corner landscaping in front of the building has not been cared for. Mr. Russell said he has not received much cooperation from the property owner or the tenant in the past. A letter from Steven May, president of Classic Home Designs, the adjacent business owner, mentioned five property maintenance issues. Mr. and Mrs. Steve DeMars, 2307 Hidden Valley Lane, the residential property owners immediately behind the business, talked of ongoing problems. Mr. DeMars stated they had worked with Leo Miller, the city's code enforcement officer, in attempting to get the property owner into compliance; the DeMars have had to put up their own fence to screen the business view. After discussion, it was consensus the most expedient way possible to get the issues addressed would be to have City Attorney Magnuson take legal action to gain compliance. Mr. Hultman, seconded by Mr. Middleton, moved to direct Mr. Magnuson to initiate legal action regarding code compliance; motion passed unanimously. Other business: • Mr. Russell informed members that an informational meeting was scheduled for Monday, July 17, to receive input regarding the Boutwell site, a site proposed for an active use park and public works building. • Marc Putnam, representing Liberty on the Lake developers, was present to discuss a requested change in permitted use in one of the development's zoning districts. Mr. Rheinberger, seconded by Mr. Hultman, moved to adjourn at 9 p.m.; all in favor. Respectfully submitted, Sharon Baker Recording Secretary 4