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HomeMy WebLinkAbout2001-05-14 CPC MINCity of Stillwater Planning Commission May 14, 2001 Present: Jerry Fontaine, chairperson Glenna Bealka, Robert Gag, Russ Hultman, Karl Ranum, Paul Teske and Terry Zoller Absent: Dave Middleton and Darwin Wald Others: Planner Sue Fitzgerald Mr. Fontaine called the meeting to order at 7 p.m. Approval of minutes: Mr. Ranum, seconded by Mrs. Bealka, moved approval of the minutes of April 9, 2001; motion passed unanimously. Case No. SUP/01-14 A special use permit application for transfer of ownership of the Lady Goodwood Bed and Breakfast at 704 S. First St. in the RB, Two Family Residential District. Nick and Susan Chaves, applicants. The applicants were present. Mr. Fontaine noted the Chaveses have been managing the facility since the Special Use Permit was originally issued. Mr. Chaves said there have been no negative comments from neighbors. Mr. Gag, seconded by Mr. Zoller, moved approval as conditioned; motion passed unanimously. Case No. V/01-16 A variance to the front yard setback (20 feet required, 17 feet requested) at 715 W. Churchill St. in the RB, Two Family Residential District. Diane Vantress and Jim Granger, applicants. The applicants were present. Mr. Granger explained the existing house is very small (640 square feet), and they would like more area. They plan to use an existing porch for the additional space, he said, and would not be expanding the dimensions of the house. The applicants also requested approval to enclose an existing carport and add a garage door. A variance is required for both the house and garage. Mr. Fontaine asked the applicants if they knew where the property line is. Mr. Granger said the structures are 17 feet from the front property line. Mr. Fontaine stated he had a problem when setbacks can't accommodate cars parking in the driveway and vehicles end up parking on the sidewalks. Mr. Ranum said a condition of approval could be added that vehicles not parked in the garage must not block the sidewalk, and he noted that parking on sidewalks is really an enforcement issue. Mr. Hultman also pointed out that several nearby residences are closer to the property line than the applicants. Mr. Zoller, seconded by Mrs. Bealka, moved approval of the variance for the house as • conditioned; motion passed unanimously. 1 City of Stillwater Planning Commission May 14, 2001 Mr. Ranum, seconded by Mr. Hultman, moved approval of the garage variance as conditioned. Mr. Zoller said he shared Mr. Fontaine's concern and asked if the applicants could move the garage back three feet. Mr. Granger said that would create a problem because of existing footings and an existing shed in the rear. Motion for approval passed 6-1, with Mr. Fontaine voting no. Case No. SUP/01-17 A special use permit for outside sales at 1662 Market Drive in the BP-C, Business Park Commercial District. Brian Dommeyer, representing Ace Hardware, applicant. Mr. Dommeyer was present. He questioned the staff recommended conditions of approval which would limit his outside spring sales to May 1-June 15 and sale of Christmas trees from Thanksgiving to Christmas; as recommended no other materials could be displayed outdoors. Mr. Dommeyer presented a color coded diagram outlining his request, indicating the location, time frame and products to be displayed in each area. He said he needs the outdoor sales in order to be competitive with Cub/Target; he also noted that most convenience stores have outdoor displays of many of the same products he is requested to have. Ms. Fitzgerald noted that Cub/Target's outdoor spring sales are part of the original PUD, and she stated she had already received a complaint regarding the Ace outdoor displays/sales. • Members were generally receptive to Mr. Dommeyer's request with the exception of the area in the front parking lot closest to Market Drive. According to Mr. Dommeyer's request that location would be used April 15-July 15 for mulch and top soils displays, as well as power tool and grill demonstrations. During the discussion, members indicated they were not concerned with demonstrations being conducted at that site but were concerned with the display of the mulch and top soils. Mr. Hultman suggested the display could be moved to south side of the building, immediately adjacent to the handicapped parking stalls. Mrs. Bealka moved approval of the request incorporating Mr. Hultman's suggested location for the mulch and top soil display. Mr. Ranum suggested amending the motion to indicate that the mulch/top soil display not exceed the length of the handicapped parking stall, that the time frames/locations/materials indicated in the body of Mr. Dommeyer's request are acceptable, and that the permit is subject to review after one year. Mrs. Bealka accepted the suggested amendments to her motion. Mr. Hultman seconded the motion; motion passed unanimously. Case No. V/01-18 A variance to the rear yard setback (25 feet required, 9'6" requested) and to the impervious surface (30 percent allowed) at 202 N. Martha St. in the RB, Two Family Residential District. Kyle F. Weed, applicant. Mr. and Mrs. Weed were present. Mr. Weed explained the request is to construct a master bedroom and bath, a two-story bump out at the back of the house. The intent is to make the addition look like a carriage house. Mr. Weed said the addition will probably result in less • 2 impervious surface than there currently is on the property, as they will have to remove a large City of Stillwater Planning Commission May 14, 2001 patio for the addition. The addition will follow the existing back lot line, and Mr. Weed said they have signatures from neighbors indicating neighbors are supportive of the plans. There was some discussion regarding the condition that drainage must be retained on site, as Mr. Weed said drainage currently is piped to the street, which is not allowed. Mr. Ranum moved approval as conditioned, with the applicants to work with the city engineer regarding suggestions for on-site drainage. Mr. Gag seconded the motion; motion passed unanimously. Case No. V/01-19 A variance to the front yard setback (20 feet required, 1 foot requested) for construction of a porch at 731 Seventh St. S. in the RB, Two Family Residential District. Karl Strack, applicant. Mr. Strack was present. He explained the request is to replace a deteriorating, existing front stoop with a porch. Most of the discussion centered on the property line and the required 10 foot setback from the right-of-way. Mr. Ranum noted that if a structure is built within the right-of- way and the city later decides to do some infrastructure work that would affect the structure, the property owner is liable. Mr. Fontaine questioned whether a legal opinion was necessary. Mr. Strack said the structure is 10'6" from the sidewalk, so the structure would meet the right-of- way setback requirement. Mr. and Mrs. Richard Colemeir were present to speak on behalf of the request. The Colemeiers noted the sidewalk is a private walk, not a city-built sidewalk, and they pointed out that other houses in the neighborhood are at least as close to the street as Mr. Strack is proposing. Mr. Zoller said considering Mr. Strack meets the right-of-way setback, the only problem might be if a step is built off the porch; the step might be on city property and the city might be liable. Mr. Hultman moved approval as conditioned, noting the request meets the 10 foot right-of-way setback, with the additional condition that any step not intrude onto the existing sidewalk. Mr. Ranum seconded the motion. Mr. Zoller said his understanding from the discussion was that the porch/step will be on Mr. Strack's property. It was suggested that condition of approval No. 1 could be eliminated. Mr. Hultman and Mr. Ranum accepted that amendment to the motion; motion passed unanimously. Case ZAM/01-01 Zoning Map Amendment to rezone Lot 5, Block 5, Bud Kern Addition, 1180 Frontage Road from BP-1 to BP-C, Business Park Commercial, Anthony K. Magnotta, applicant. Case No. SUP/01-20 A special use permit to operate a used car lot at 1180 Frontage Road in the . BP-C, Business Park Commercial District. Anthony Magnotta, applicant. 3 City of Stillwater Planning Commission May 14, 2001 Present for the discussion were Mr. Magnotta, Ed Page and Dick Johnson. Mr. Zoller, seconded by Mr. Hultman, moved approval of the Zoning Map Amendment. Motion passed unanimously. Mr. Fontaine noted there were 18 conditions of approval for the special use permit. The applicant said he was aware of all the conditions and had no problem with the conditions. Mr. Ranum, seconded by Mrs. Bealka, moved approval of the special use permit as conditioned. Motion passed unanimously. Other items Mr. Fontaine asked about the signs from The Roofing Guys that have been placed on telephone poles throughout town. Ms. Fitzgerald indicated the police have been notified of the illegal signs. Mr. Gag asked about the boat that is for sale in the front of the St. Croix Printing Co. building on Greeley Street across from the Home Decorating store. Ms. Fitzgerald said a letter will be going out to the property owner. • Mr. Hultman, seconded by Mrs. Bealka, moved to adjourn at 8:20 p.m. Respectfully submitted, Sharon Baker Recording Secretary 4