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HomeMy WebLinkAbout2000-08-14 CPC MIN• City of Stillwater Planning Commission August 14, 2000 Present: Jerry Fontaine, chairperson Glenna Bealka, Russ Hultman, Karl Ranum, John Rheinberger, Darwin Wald, and Terry Zoller Others: Steve Russell, Community Development Director Absent: Robert Gag and Dave Middleton Mr. Fontaine called the meeting to order at 7 p.m. Approval of minutes: Mr. Wald, seconded by Mrs. Bealka, moved approval of the minutes of July 10, 2000; motion passed unanimously. Case No. V/00-51 A variance to modify a previously approved plan to convert a 3-season porch to a 4-season porch at 216 W. Wilkins St. in the RB, Two Family Residential District. Marcia Kilbourne, applicant. Ms. Kilbourne was present. She said she plans to convert the 3-season porch to a 4-season porch • if is possible to extend heating to the addition. She acknowledged neighbors' concerns about on- street parking, and said she plans to construct a garage with parking in the rear. John Shimoto, 1015 N. Fifth St., reiterated neighbors concerns about existing parking conditions, and stated he is against allowing additional living space due to the potential for more people and more cars. He said the situation is a big concern with the neighborhood, and single-family property owners are concerned about property values. Mr. Fontaine noted that Ms. Kilbourne was not requesting another living unit. He asked Mr. Russell about any city ordinance regarding the number of cars that can be parked on the street; Mr. Russell responded that the only ordinance is the city's 24-hour parking ordinance. Mr. Zoller asked why a variance is required; Mr. Russell explained that the request represents an expansion of a non-conforming use - the duplex is located on a non-conforming lot. Mr. Russell noted that providing a garage is not a requirement and not part of this application. The addition does meet setback requirements. Mr. Rheinberger, seconded by Mrs. Bealka, moved approval of the requested variance. Motion passed 5-2, with Mr. Zoller and Mr. Ranum voting no. Case No. ZAM/00-1 A Zoning Map Amendment rezoning about 12 acres bounded by Melville Court and 72'd Street North to Lakeshore Residential (LR) from Agricultural Preserve (AP). Rick and Karen Reidt/City of Stillwater, applicants. I* City of Stillwater Planning Commission August 14, 2000 Case No. SUB/00-52 A subdivision of one 2.5 acre lot into two lots of about .9 and 1.6 acres at 7155 Melville Court in the LR, Lakeshore Residential District. Rick and Karen Reidt, applicants. Mr. Reidt was present. He explained that he wanted to rezone his lot in order to subdivide, and it is Mr. Russell's position that the whole area should be rezoned. Mr. Russell explained that the city's Comprehensive Plan does designate that area as large lot, single-family. Rather that rezone piecemeal, Mr. Russell said, the city generally looks at a whole area. Regarding some property owners' concern about a possible impact on taxes, Mr. Russell said he checked with the County Assessor's office and was told that rezoning will not increase taxes - taxes are not affected until a property is developed/subdivided. Mr. Ranum asked where covenants for the area in question come into play. Mr. Russell said the covenants have no bearing on the rezoning. Don McKenzie, 12620 72nd St. N., stated his property borders one of the properties in question, and he was not notified of this meeting. He stated he wished his property to remain AP and asked if his property would be affected by the rezoning. Mr. Russell said the McKenzie property would not be affected. • Mr. Fontaine referred to a letter in the packet from George and Nancy Hof, property owners in the area who are opposed to the rezoning. Mr. Fontaine asked if Commission members were comfortable rezoning the entire area, including those owners who do not want their property to be rezoned. It was noted the rezoning will be heard by the City Council and the Joint City Town Board, so there will be plenty of time for comment. Mr. Rheinberger, seconded by Mr. Zoller, moved approval of the rezoning; motion passed unanimously. Mr. Rheinberger, seconded by Mr. Zoller, moved approval of the subdivision request as conditioned; motion passed unanimously. Case No. V/00-54 A variance to the side yard setback (10 feet required, 2 inches proposed) for construction of window wells at 838 W. Willard St. in the RB, Duplex Residential District. Duane Arndt, applicant. Mr. Arndt was present. He explained the building was a duplex until March of this year when he began renovation of the structure. He said he was advised by the building inspector that if the window wells were not over the property line, there would be no problem. He noted he had raised the building and the openings for the window wells are already in place. He provided photographs of a string attached to markers indicating the property line. He stated that he has a survey of the property he was provided when he purchased the property and stated he did not think the condition for a new survey would provide any additional information. 2 • City of Stillwater Planning Commission August 14, 2000 Speaking in opposition were Rita Graybill, 801 W. Pine St.; Mike Robinson, 801 W. Pine St.; and Richard and Jane LaRonge, 846 W. Willard St. Mrs. LaRonge said when Mr. Arndt put up the string to indicate the property line, the first time the string indicated the window wells were over the property line; the second time, the window wells were inside the line. Several members expressed a concern about safety and emergency access should the neighboring property owner install a fence on the property line. Mr. Ranum asked what would prevent Mr. Arndt from putting the window wells on the other side of the building; Mr. Arndt responded that is not practical due to grading, but agreed it would be possible to do so. Mr. Zoller noted that the big window wells are only needed if the basement is used for living space. Mr. Wald, seconded by Mr. Ranum, moved to deny the variance; motion to deny passed unanimously. Case No. SUBN/00-55 A resubdivision to increase lot size from 5,500 square feet to 9,250 square feet and variance to the lot size requirements (10,000 square feet required, 9,250 square feet requested) for construction of a duplex at 213 W. Cherry St. in the RB, Two Family Residential District. Jean M. Hamm, applicant. Mr. Hamm was present. She said she would like to enlarge her existing one-level house and have the addition wired and plumbed for possible use as a duplex. She said she has a purchase agreement with the neighboring property owner at 414 N. Fourth St. to purchase the additional property. She provided a petition signed by neighbors in favor of her request, and she noted her .request conforms to the neighborhood as there are a number of multi-family dwellings on her block. Mr. Fontaine suggested that Ms. Hamm try to purchase the additional property to make the lot a conforming size for a duplex. Mr. Zoller noted under a strict interpretation of the ordinance, the applicant must prove a hardship in order for a variance to be granted, and finance is not a hardship. Mr. Rheinberger, seconded by Mr. Wald, moved to approve the resubdivision; motion passed unanimously. In the discussion regarding the variance for the lot size, Mr. Wald suggested delaying a decision until the applicant talks with the neighbor about purchasing the additional property. Mr. Fontaine noted Ms. Hamm would still need a variance as the lot is too narrow. Mr. Russell pointed out that variances involving density are major issues. 3 City of Stillwater Planning Commission August 14, 2000 Mr. Rheinberger, seconded by Mrs. Bealka, moved to approve the requested variance. Mr. Zoller noted that variances are often given for lot setbacks in the old part of town where lot lines are not known; however, granting a variance for density is setting a bad precedent, he said. Motion to approve failed 3-4, with Mr. Rheinberger, Mrs. Bealka and Mr. Wald voting in favor, and Mr. Zoller, Mr. Ranum, Mr. Fontaine and Mr. Hultman voting against. Case No. SUB/00-56 A subdivision of a building into two condominium units at 150 S. Third St. in the CBD, Central Business District. Dianne Hark and Michael Rice, applicants. Ms. Hark and Mr. Rice were present. Ms. Hark noted the request is for one condominium unit, which the applicants will occupy. She said she and Mr. Rice have purchased the building. She questioned condition of approval No. 4 regarding providing a solid masonry trash enclosure. The requirement for a dumpster, she said, is due to the presence of Del's business in the building, and that business will be moving within six months. The other trash receptacles can easily be accommodated on the side of the building, out of public view. Mr. Zoller said he would be concerned about removing that condition until it is known what the ultimate use of the building space will be. Mr. Ranum suggested modifying the condition to require that all trash receptacles • be screened from view from the street, with the screening to be of materials/color compatible with the project. Mr. Ranum moved approval as conditioned with that language change to condition No. 4. Mr. Zoller seconded the motion. Ms. Hark asked that condition No. 6 regarding removal of the existing portable/plastic sign be changed to indicated that all existing portable/plastic signs must be removed. Motion passed unanimously. Case No. V/DR/00-57 A variance to the sign ordinance for an additional sign (two allowable) at 217 N. Main St. in the CBD, Central Business District. Jocelyn Tilson, Valley Bookseller, applicant. Ms. Tilson, her husband/co-owner, and architect were present. Ms. Tilson stated she is requesting an additional sign for the south elevation which faces the city parking lot and is most visible to traffic approaching from the south. She stated she also is requesting a variance to place a logo on the Main Street elevation. She cited the building setback and heights as justifications for the variance for the logo. Mr. Rheinberger, seconded by Mr. Ranum, moved approval of the signage for the south building elevation; motion passed unanimously. Regarding the variance for placement of the logo on the Main Street elevation, Mr. Fontaine noted that the Heritage Preservation Commission had denied that request, unless the logo is placed on the same plane as the primary signage on that elevation. Mr. Fontaine noted that the Heritage Preservation Commission doesn't grant variances, and the Planning Commission doesn't make design decisions. 4 • City of Stillwater Planning Commission August 14, 2000 Mr. Ranum said he felt comfortable with the request and moved approval of the requested variance for the Main Street elevation; Mr. Rheinberger seconded the motion. Motion failed 3-4, with Mr. Ranum, Mr. Rheinberger and Mrs. Bealka voting in favor and Mr. Fontaine, Mr. Zoller, Mr. Hultman and Mr. Wald voting no. Mr. Fontaine noted the applicant can appeal the decision to the City Council. Case No. V/00-58 A variance to the front yard setback (30 feet required, 25' 6" requested) for construction of an addition to a garage at 718 W. Churchill St. in the RB, Duplex Residential District. Russell Hultman, applicant. Mr. Hultman explained that there is no storm drain on Churchill, and he had a problem with water runoff into the street. He said he had created a large retaining wall and berm to bring the drainage to the storm drain on Martha Street. He said the new garage would be in the same footprint as the existing structure and be no closer than the existing front or side yard setbacks. The property owner at 709 W. Abbott St. stated dirt from Mr. Hultman's berm washed through her property and burned out her pool pump. She stated a city sewer line goes through parts of • Mr. Hultman's property and asked if he was building his garage on top of the sewer line. Mr. Fontaine noted there is a condition that all drainage remain on site. Mr. Ranum suggested adding a condition that all excavating material remain on site. Mr. Hultman stated he won't be doing any excavating for the garage. Mr. Ranum moved approval as conditioned, with the additional condition that all excavation and all other construction material remain on site. Mr. Wald seconded the motion; motion passed 6-0, with Mr. Hultman not voting. Case No. ZAT/00-05 A zoning text amendment allowing two-family residences in the Cottage Residential District, CA. Contractors Property Development Co., Homer Tompkins, applicant. Marc Putnam and Shelly Tompkins were present representing the applicant. Mr. Putnam noted that the two-family residences would be constructed on corner lots only. Those lots were oversized ;to accommodate two-family residences, and it was simply an oversight on the developer's part that the zoning wasn't included in the original zoning. The garages will be hidden/tucked back. Mr. Ranum questioned allowing two-family residences on lots smaller than 10,000 square feet as is required in other parts of the city. Mr. Russell noted this is zoning unique to the Liberty on the Lake and Legends of Stillwater developments. Mr. Russell noted this is a zoning change not a variance request and the density is consistent with the city's Comprehensive Plan. • 5 • City of Stillwater Planning Commission August 14, 2000 Mr. Zoller, seconded by Mr. Ranum, moved approval subject to Council/Joint Board approval. Motion passed unanimously. Case No. SUP/V/DR/00-53 A special use permit, design review and variance for a 170 room hotel, restaurant and conference center at 606 N. Main St. in the CBD, Central Business District, Territorial Prison Coalition Inc., applicant. Mr. Hultman abstained from the discussion. Michael Borum was present representing Territorial Prison Coalition. He stated the developers are making progress and should be getting financial numbers from Kraus Anderson by the 20th of August. The developers hope to close in October. The request is for a 170-room hotel, up from 129 as previously proposed. A three-story building is being constructed in the back to achieve the additional hotel rooms. Mr. Borum noted the front of the buildings may have to be reconfigured to accommodate National Park Service requirements. Mr. Ranum asked about landscape plans. It was noted that will be part of the final Heritage Preservation Commission review. 40 Mr. Rheinberger, seconded by Mr. Wald, moved approval as conditioned. Vote was 6-0, with Mr. Hultman abstaining. Other items: Mr. Russell reminded members of the Planning Commission/Park Board informational meeting on the Boutwell site and city-wide trail system scheduled for Aug. 21. Mr. Rheinberger, seconded by Mrs. Bealka, moved to adjourn at 9:25 p.m.; all in favor. Respectfully submitted, Sharon Baker Recording Secretary 0 6