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HomeMy WebLinkAbout2000-10-09 CPC MIN. City Of Stillwater Planning Commission October 9, 2000 Present: John Rheinberger, Robert Gag, Russell Hultman, Glenna Bealka, David Middleton, Gerald Fontaine - Commission Chair and Terry Zoller, City Council Representative. Absent: Darwin Wald and Karl Ranum Others present: Steve Russell Community Development Director as staff assistant. Mr. Fontaine called the meeting to order at 7:00 p.m. Approval of minutes:, John Rheinberger, seconded by Glenna Bealka, moved approval of the September 11, 2000, minutes as presented; motion passed unanimously. Case No. ZAM/00-07. A Zoning Map Amendment rezoning 10+ acres south of Wildpines Lane between County Road 5 and Parkwood Lane from (AP) Agricultural Preservation to Townhouse Residential(TR). City of Stillwater applicant. Steve Russell explained that this amendment request stemmed from an earlier request (SUB/00- 61) to subdivide a 2.2 acre lot into two 1.1 acre lots. This case was continued from the 9/11/00 • Planning Commission meeting. Mr. Russell also noted that the church along Wildpines Ln is incorrectly designated large lot, single family so the commission might want to take that out of the recommendation if you recommend re-zoning it. The Comp plan indicates that the area is designated townhouse and that was the reason for continuing SUB/00-61. The 2.2 acre lot in question had been in the AP Agricultural Preservation district, therefore the Zoning amendment request. Comments: Vern Hill 2800 Wildpines Lane- adjacent to the property in question, expressed concern for the property values in the area and future assessed costs for all of the expansion. Steve Russell explained the process for zoning amendments and rezoning requests. In this and other cases, the Planning Commission investigates the changes and makes recommendations to the City Council. Mr. Hill asked if there was a difference between the Townhome and Attached Single Family designations. The are basically the same - 6 dwelling units per acre. Mr. Hill asked about access to these units - which are currently Parkwood Ln and County Rd 5. Cty Rd 5 will probably not continue to be a direct access road - there is a road off of Curve Crest that is a part of the Long Lk Villas that would provide access to the south end of this site. Mr. Hill asked about who would pay for any improvements needed to existing roads. Mr. Russell stated that this would be done according to our existing assessment policy. Vern Hill asked for this to be continued and thought out more. Jerry Fontaine stated that this has been looked at for 7 years and that the issue is not townhomes but re-zoning and that the commission had come to the conclusion that townhomes are best suited to this area and that it obviously fits with the comprehensive plan. Terry Zoller explained further that this rezoning came about because of a homeowners request (case #2) to subdivide his • property and that instead of doing this one area at a time, the commission decided to rezone this • City Of Stillwater Planning Commission October 9, 2000 entire area. This also protects the area from commercial development. Art Junker asked if residents would be sent notice when developers come in. He was told that residents would definitely be told. John Rheinberger moved to approve, seconded by Robert Gag, motion passed unanimously. Case No. SUB/00-61. A request to subdivide a 2.2 acre lot into two equal lots of 1.1 acres at 1167 Parkwood Lane in the AP,Agricultural Preservation District (continued from 9/11/00 Planning Comm Meeting and part of Case No. ZAM/00-07. Applicant Mr. Gary A. Ritzer, applicant was present. Mr. Ritzer stated that a surveyor was presently working on this. No one commented on this request. Glenna Bealka moved to approve, second by John Rheinberger, motion passes 7 - 0. This will also be heard in November at the Council Meeting. Case No. V/00-67. A variance to the side yard setback. (5 feet required - 3 feet being requested) Variance requested for the construction of an 8 foot addition to an existing attached garage at 1121 S Everett St in the RA, Single Family Residential District. Thomas J. Schirber, applicant was present. • Mr. Fontaine stated that the conditions of approval must be met. These are that the garage shall be similar in style, color and material as the main structure, that drainage from the roof shall remain on site and that the plans shall be approved by the City Engineer and the Building Official. Mr. Schirber stated that his neighbor had no problem with his plans and adding a 2na stall to his garage would not stand out nor be a significant detriment to the neighborhood and it does not adversely affect the Comprehensive Plan. No comments from the public. Motion to approve made by Dave Middleton, seconded by Rob Gag. All in favor. Resident must wait 10 days before starting the project. Case No. V/00-68. A variance to the front yard setback (30 feet required, 13 feet requested) for the addition of a front porch at 709 West Myrtle St in the RB, Two Family Residential District. Dennis and Mary Asp, applicants were present. Mr. Fontaine pointed out the two conditions of approval - that the style, color and materials shall be the same as the main structure and that the plans are to be reviewed and approved by the City Engineer and the Building Official. Ms. Asp stated that this request is being made to improve the appearance of their property. Two large trees in the front of the house had died and been taken out, leaving the house looking like a box. Mr. Fontaine asked if the porch was going to be serviceable in terms of being screened in. The owner stated that it was to be left open -just a floor, posts and the roof. Discussion on property lines and the existing structure being out of variance occurred.. No comments from the public. Although staff recommended denial of this • request, Mr. Rheinberger recommend that this be approved for safety reasons. He was somewhat 2 • City Of Stillwater Planning Commission October 9, 2000 familiar with the house and agreed that because this faced to the north and ice build up in the winter would be a problem, that some type of porch structure would be needed. John Rheinberger moved for approval, seconded by Glenna Bealka. Terry Zoller commented that the plan fits in with the community style and that it made more sense to allow a 6 foot porch than a 4 foot porch. All in favor. Case No. SUB/00-69. A modification to the subdivision regulations for the shape of lots 7, 8 and 9, block 4, Hersey, Staples and Company's Addition to Stillwater (1330 3rd Ave S) into two lots. Lot 1 containing 7,566 square feet and Lot 2 containing 12,614 sq ft in the RB, Two Family Residential District. Thomas S. Peulen, applicant was present. The applicant presented two options for the division of the property. Option "A" features a straight line separating the two lots but would not allow for the 10 foot required setback. Option "B" would feature an irregular property line but would allow for the 10 foot existing residence setback. Mr. Peulen stated that he would go with either option. Mr. Fontaine questioned the need for the 10 foot setback standard. He was informed that it was for accessibility reasons. Mr. Russell recommended that the resident go with Option "B" because it would not require a • variance request. No comments from the audience. Terry Zoller moved to continue, John Rheinberger seconded. No discussion. All in favor. Case No. V/00-70. A variance to the accessory use regulations for construction of a 576 sq ft second two-car detached garage at 631 Hidden Valley Court in the RA, single Family Residential District. Peter and Jackie Brochman, applicants were present. Mr. Fontaine read three conditions of approval; that the roofline is the same angle as the existing house, that the building shall be similar in style, color and materials as the main structure and that all changes to the approved plan be reviewed and approved by the Community Development director. The resident that the garage would not be for everyday use, it would be used to store and restore some collector vehicles that he owned. The resident produced some signatures of neighbors stating that they had no problem with this request. Ms. Brochman stated that in touring the neighborhood, there were 6 second accessory buildings that exceeded the 120 sq ft maximum so this would not vary much from the surrounding properties. No other comments came from the public. Mr. Russell stated that "if the building official made a mistake in issuing a previous permit, that that was not justification for zoning approval". According to guidelines, only 1 outbuilding of a maximum 10 x 12 ft size is allowed. Russell Hultman moved for denial, seconded by Terry Zoller. Motion denied by a vote of 7 to 0. Mr. Rheinberger stated that he "felt" for these people, especially considering that neighbors had benefited from previous errors, but that it may be time to "cut the city's losses". Other solutions are open to these residents, a three car garage or doubling back on the present garage. • 3 . City Of Stillwater Planning Commission October 9, 2000 Case No. SUB/00-71. A subdivision to combine lots 4, 5, 6, 8 and 9, block 2, Kern-Pauley Addition for the construction of a new clinic located at 1701 Curve Crest Blvd in the BP-O, business Park office District. Robert Nuffort, St Croix Orthopaedics, applicant was present, along with Andrew Jordan. Terry Zoller commented that the city is under a lot of pressure regarding sidewalks on that street and that perhaps a sidewalk could be considered. Mr. Zoller requested an additional condition requiring a 6 foot set-back for signs, etc. be included for a total of 20. John Rheinberger moved for approval of this subdivision as conditioned. Motion seconded by Russell Hultman. This will go to City Council in November. Case No. V/00-72. A variance to the Slope Setback Regulations for the construction of a retaining wall and two-car garage that is located within the required 30 foot setback from a 25 percent or greater slope at 1307 North Broadway Street in the RA, Single Family Residential District. Kerry Townsend, applicant, was unable to attend. Alan Kretman with MGI Engineering firm represented the applicant. The two conditions of approval are that the garage shall be similar in style, materials and colors as the existing structure and that all plans, including the be reviewed and approved by the City Engineer and the Building Official. Mr. Kretman wanted to clarify that the wall would stay on the owners property and that soil borings have been done by Braun Engineering. He also requested that they be allowed to dig down to bedrock and put the retaining wall on the bedrock and then build up above the grade allowing for a solid, stable structure. There is already a lot of erosion on the NE corner of the property. When the wall is being constructed, it will be necessary to remove the existing garage and the owners would like to replace it with a two-car, attached 26'by 24' garage that would be approximately 10 feet from the top of the retaining wall. Mr. Kretman pointed out that this would be in keeping with the neighborhood setbacks and be safer for the occupants. Tim Casey of 1220 N Broadway asked what exactly is slope setback. Mr. Russell explained the slope setback requirements and the need for them. Dory Christoffersen expressed concerns about the drainage from the retaining wall. Mr. Kretman explained the current and future drainage patterns. Mr. Fontaine explained that this application would be divided into two parts. John Rheinberger moved for approval of the retaining wall, Russell Hultman seconded. No discussion. All in favor. John Rheinberger moved for approval of the garage plans, seconded by Dave Middleton. All in favor. Case No. SUP/00-73. A special use permit for a co-location 100 foot monopole telecommunications tower located at 1700 Washington Avenue in the BP-I, Business Park Industrial District. Steve Katkov, APT Minneapolis, Inc., applicant. Peter Coyle was present to . represent the applicant 4 . City Of Stillwater Planning Commission October 9, 2000 Conditions of approval are that the landscape plant and building and pale colors shall be reviewed by the Business Park Design Review Committee and that all tower conditions and construction requirements contained in the City zoning Ordinance, Section 31-4 shall be met. Mr. Coyle pointed out that the plan meets all of the city's stringent requirements. Don Rice, owner of the Stillwater Veterinary Clinic questioned what height restrictions were in town regarding buildings and/or towers. Mr. Russell explained these to him and that towers are different restrictions are different from building restrictions. John Rheinberger moved for approval, seconded by Robert Gag. No further discussion. All in favor. Other items: Mr. Russell reminded commission members of the October 16 joint board meeting/public hearing on the City Trail Plan. Mr. Fontaine called for a motion to adjourn at 9:30 p.m. Motion made by John Rheinberger, seconded by Russell Hultman, all in favor. Respectfully submitted, Kathy Rogness Recording Secretary • 5