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HomeMy WebLinkAbout2001-07-09 CPC MINCity of Stillwater • Planning Commission July 9, 2001 Present: Russ Hultman, chair Glenna Bealka, Robert Gag, Dave Middleton, Karl Ranum, Paul Teske and Terry Zoller Others: Community Development Director Steve Russell Absent: Darwin Wald Mr. Hultman called the meeting to order at 7:05 p.m. Approval of minutes: Mr. Ranum, seconded by Mr. Middleton, moved approval of the June 11, 2001, minutes as presented; motion passed unanimously. Case No. SUP/DR/O 1-26 This case was tabled. Case No. ZAM/01-03 Zoning Map Amendment rezoning 5.3 acres of land from Townhouse Residential and Agricultural Preservation to Single Family Residential located on the southwest corner of CR5 and Wildpines Lane. City of Stillwater, applicant. • Mr. Russell explained that Young Life has purchased a single-family residence from Bethany Church. The residence currently is used for church office space and the church-related use would remain the same with the purchase by Young Life. Church use is not a permitted use in the Town House Residential zoning district; it is a permitted use in Single Family Residential. Vern Hill, director of Young Life and resident of the neighborhood, was present, noting that Young Life desires to have a more permanent presence in the community. Mr. Middleton, seconded by Mrs. Bealka, moved approval of the Zoning Map Amendment; motion passed unanimously. Case No. V/01-28 A variance to the front yard setback (30 feet required, 26 feet requested) for construction of an entry way at 2369 Croixwood Blvd. in the RA, Single Family Residential District. Michael Bolduc, applicant. Mr. Bolduc was present. He showed pictures of his house and a house several blocks away that has an entry way similar to what he would like to construct. The new entry would extend the front of the house by four feet. Mr. Bolduc stated there are at least three other similar entry ways in the area, all of which were granted variances. He also stated his neighbors are not opposed to the plans. Mr. Gag, seconded by Mr. Ranum, moved approval as conditioned. Motion passed unanimously. 0 City of Stillwater Planning Commission July 9, 2001 Case No. SUP/01-29 A special use permit for construction of an accessory dwelling unit at 711 S. First St. in the RB, Two Family Residential District. Jeff and Rita Ross, applicants. Mr. Ross was present. He stated he thought the matter was settled when plans were reviewed by the Heritage Preservation Commission last August. He said he wanted to add a stub-in for a bathroom for possible future use of the structure as an rental unit; current plans are to use the space for a family room. Mr. Zoller questioned whether neighbors would be opposed if they knew the structure might ultimately be used for rental purposes, noting the notice to property owners didn't say anything about adding a bathroom. Mr. Russell pointed out the notice to neighboring property owners does state the request is for an accessory dwelling unit. Plans submitted by the applicants include height, parking, setback and other requirements. Mr. Ranum said he would not be in favor of sending the request back through the notification process. Mr. Ranum, seconded by Mrs. Bealka, moved approval as conditioned; motion passed unanimously. Case No. V/01-30 A variance to the side yard setback (10 feet required, 7 feet requested) for construction of an attached garage at 726 S. Seventh St. in the RB, Two Family Residential • District. Daniel and Maria Poliszuk, applicants. The applicants were present and explained that they would like to build a two-car attached garaged. An existing one-car detached garage would be removed. As proposed, the new structure would be five feet from the property line but closer than 10 feet, a little over 9 feet, from the adjacent dwelling. The applicants noted the neighboring residence has an addition that extended the kitchen that may have put that dwelling closer than the allowable five feet from the property line. Mr. Middleton said he didn't feel that the applicants should suffer because the adjacent dwelling is the cause of the need for a variance. Mr. Zoller asked if the applicants had considered building the new garage at the location of the old garage or some other location on the property. The applicants explained that constructing a new garage elsewhere would require either a removal of a number of trees or paving part of the backyard, which is the only safe place for their kids to play. Also, the entry to the house is at the requested location. Mr. Zoller, moved approval as conditioned. Mr. Middleton suggested adding a condition that the existing garage be removed; that amendment was agreeable to Mr. Zoller. Mr. Ranum seconded the amended motion; motion passed unanimously. Case No. V/01-31 A variance to the side yard setback (25 feet required, 2 feet requested) for construction of a four-season porch at 2893 Brewers Lane in the TH, Townhouse District. Tim • Nolde and John Wooley, applicants. 2 City of Stillwater is Planning Commission July 9, 2001 Mr. Wooley was present. He provided photos of what he would like to construct. He stated he would be willing to plant conifers to provide screening from the adjacent lot as requested. The adjacent property owner and her father were present; they stated they were pleased with the plans as long as the tree plan is expanded. Mr. Zoller cautioned that this request is the first to be heard in a new development and is precedent-setting. Mr. Middleton, seconded by Mr. Ranum, moved approval with the condition that additional juniper trees be planted for screening. Motion passed unanimously. Case No. SUP/01-33 This case was tabled Case No. V/01-34 A variance to the Bluffland/Shoreland front yard setback (30 feet required, 24 feet requested) for construction of a 20' x 24' deck and stairs on slopes of over 12 percent at 2310 Boom Road in the RA, Single Family Residential District and the Bluffland Shoreland District. Suzanne Dressler, applicant. Ms. Dressler and her daughter were present. The applicant explained the request is to provide • access to the front door and provide parking underneath the deck. The deck can't be constructed on the side because of the location of the septic/well. Speaking in opposition were neighboring property owners, Craig Meissner and Fred and Sue Kress. Mr. Meissner noted that when he applied for a variance, he needed Department of Natural Resources (DNR) approval before he could start with forms/fittings, and the applicant has already had some footings constructed. Mr. Russell noted that DNR comment will be solicited before City Council action. Also, Mr. Russell stated the City's building official allowed footings with the applicant's full understanding that they might have to be removed. During discussion, Mr. Russell said there also is an issue with the side yard setback that doesn't show in the plans. He pointed out that a deck extending out from the house 14', 19' in width would meet setback requirements. Mr. Ranum, seconded by Mr. Teske, moved to deny the variance request. Motion passed unanimously. Case No. SUP/01-35 A special use permit for a parking lot sign at the Linden Healthcare Center between 303 and 321 N. Fourth St. in the RB, Two Family Residential District. Dana Johnson and Bill Seiberlich, representing Linden Healthcare Center. City of Stillwater • Planning Commission July 9, 2001 Mr. Seiberlich was present and reviewed the request for a single-sided sign designating employee paring; the sign would be facing the street. Carol Heighdrickson,.303 N. Fourth St., stated she had some initial concerns but had no problem with the plans as presented. Mr. Ranum moved approval as conditioned with the base of the sign to be landscaped in a reasonable manner. Mr. Middleton seconded the motion; motion passed unanimously. Other items: • Consideration of TH 36 Interregional Management Plan resolution Mr. Russell said that subsequent to the discussion at the June Commission meeting, he had prepared a resolution for the Commission's consideration. He stated letters on the issue had been received from Jeanne Anderson, 1109 S. 41h St., and Dawn Bagaas, 1225 S. Fourth St.; both letters were included in the agenda packet. Ms. Anderson said she supported Mr. Russell's proposed resolution but said she thought the resolution should be more specific, specifically stating the City is opposed to a plan that would close the Greeley Street access; that the City does not agree to a plan that requires a 55 mph speed from County Road 5 to the St. Croix River; and that the City agrees to designating 36 from County Road 5 to the St. Croix River as a parkway, with a maximum speed of 45 mph. Also speaking were Dawn Bagaas, Jim Hainlen, 1206 S. Third St., Bill Bengsten, 719 S. Third St., and Richard Kilty, Fourth and Oak Streets; all spoke of being more specific and including Ms. Anderson's suggested language in the resolution. Mr. Bengsten also provided additional signatures of neighborhood residents opposed to MnDOT's plan. Mr. Hainlen asked about membership on the IRC planning committee; Mr. Russell stated he thought the Planning Commission would serve as the committee, rather than individuals. During discussion, Mr. Ranum and Mr. Middleton both spoke in favor of being more specific in the resolution. Mr. Gag said he liked the concept of a parkway. Mr. Zoller agreed that the resolution should address the issue of Greeley access, but cautioned that slowing down traffic for a parkway might result in more traffic in other neighborhoods, suggesting that the wording of the resolution might include the City supports "consideration" of a parkway concept. Mr. Russell suggested changing the wording regarding not supporting the closure of the Greeley access to not supporting closure of any intersection. It was the consensus to change the resolution to indicate the City is opposed to closure of any existing accesses and supports consideration of a parkway with lower speed limits from County Road 5 to the St. Croix River. Mr. Russell was to rework the resolution and get comment from Planning Commission members prior to the Council's consideration of the issue at its July 17 meeting. • 4 City of Stillwater Planning Commission July 9, 2001 • Comprehensive Plan review Mr. Russell noted that the Metropolitan Council has raised six points with the City's Comprehensive Plan. He asked whether the Commission wished to have review of the Comp Plan as an on-going discussion item. It was agreed to set aside 30 minutes a meeting to view various sections of the Plan. • Possible amendment to the Fence Ordinance Mr. Russell stated there are a number of issues with the ordinance that come up from time to time, for example the 1 feet setback from the property line. It was agreed to have staff research other communities' ordinances and bring the matter back to the Commission at a later date. Ken LeTourneau appeared regarding a request to market a lot in the Autumn Woods development, the last remaining lot, as Single Family and Town Home, which is the development's zoning designation. Mr. Russell noted Single Family would be a less intensive use, but Mr. LeTourneau would need is the Property Owners Association approval. It was the consensus of the Commission that allowing Single Family use would be OK as long as the Homeowners Association approves. Motion to adjourn at 9:15 p.m. passed unanimously. Respectfully submitted, Sharon Baker Recording Secretary • 5