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HomeMy WebLinkAbout2001-11-13 CPC MIN• City of Stillwater Planning Commission Tuesday, November 13, 2001 Present: Russell Hultman, Glenna Bealka, Darwin Wald, Robert T. Gag, Paul Teske and Terry Zoller, City Council Representative. Absent: David Perocheski Mr. Hultman called the meeting to order at 7:00 p.m. Approval of Minutes Motion to approve the October 8, 2001 minutes by Darwin Wald. Second by Glenna Bealka. Vote all in favor. PUBLIC HEARINGS 1. Case No. V/01-51. A variance to the side yard setback (10 feet required, 2 feet requested) for the construction on a 20x13.6 foot addition at 419 North Greeley Street in the RB, Two Family Residential District. Tim and Kay Guild, applicants. Mr. Hultman opened the public hearing. is David Henderson, next door neighbor at 423 N. Greeley, needed clarification on the property lines and the request for a 2 foot variance by the Guilds. The Commission explained that the Guilds are not changing the "footprint" of the house but putting the addition on top of the current structure. The request for a 2 foot variance is misleading because the house was built out of variance and is grandfathered in. Mr. Hultman closed the public hearing. Motion to approve Case No. V/01-51, with conditions, made by Robert Gag, seconded by Darwin Wald. Vote all in favor. The Guilds were reminded to wait 10 days before beginning the project. 2. Case No. SUP/V/DR/01-52. a Special Use Permit for a 29 unit residential use in the Central Business District, CBD, with variances to the front yard setback (15 feet required, 5 feet requested) rear yard set back (20 feet required, 10.5 feet requested), parking spaces required (92 spaces required, 76 spaces provided) and height limit (50 feet required, 53 feet proposed) and design review permit at 501 North Main Street (Domino's Pizza site) in the CBD, Central Business District and the FP, Flood Plain. Jeff Wallis applicant. Jeff Wallis with Mondo Management, LLC, William Pratt with Smuckler Architects and Jeff McDonald of Landform presented the proposal. 0 • City of Stillwater Planning Commission Tuesday, November 13, 2001 Jeff Wallis stated that the plan, with some changes requested and conditions set, was approved by the Heritage Preservation Commission. He explained the reasons for all of the variance requests. Mr. Hultman opened the public hearing. Mr. Hultman closed the public hearing. Mr. Zoller asked to add the condition that the developers work closely with the City regarding the flood wall approval. Motion by Terry Zoller, seconded by Darwin Wald, to approve Case No. SUPN/DR/O1- 52 with the 22 conditions as outlined in the presentation. Vote all in favor. 3. Case No. V/01-53. A variance to the front yard setback (30 feet required, 17'6" requested) for the construction of a 2°d story addition to an existing structure at 1412 West Olive Street in the RA, Single Family Residential District. Brett Christianson, applicant. Mr. Christianson explained that the reason for this request is to allow more living space • in his home, Mr. Hultman opened the public hearing. Mr. Hultman closed the public hearing. Motion by Robert Gag, seconded by Darwin Wald, to approve Case No. V/01-53. Vote all in favor. 4. Case No. SUB/01-54. A resubdivision of existing 6 lots into 4 lots of 12,463.49 square feet each at 702 St. Croix Avenue West in the RB, Two Family Residential District. Timothy J. Freeman, representing Clark and Adam Nyberg, applicant. Mr. Timothy J. Freeman of Folz, Freeman, DuPay and Associates explained the resubdivision request. He stated that, after meeting with Klayton Eckles and Steve Russell at City Hall, all code requirements have been met or exceeded, with this plan. No variances are being requested and the use being requested is a permitted use. Mr. Hultman opened the public hearing. Betsey Whitbeck and other members of the North Hill Neighborhood Association presented an 18 signature petition opposing the project. Jim Nelson, 1411 N Carnelian, stated that after reviewing the Comprehensive Plan and the Zoning Ordinance he realizes that this is a permitted use but feels- that it does not fit with the • character of the neighborhood. He expressed concern for neighboring property values and feels 2 • City of Stillwater Planning Commission Tuesday, November 13, 2001 that owned property vs. rental property would be better maintained. He also mentioned that there are currently drainage problems and that if more hardscape is installed this condition would worsen. Mr. Nelson expressed concerns regarding the maintenance of the property by the Nybergs since they purchased it. Barry Stoddard of 1311 Carnelian St. stated that he does not want more rental property in his neighborhood and will likely move out if the subdivision is approved. Arlene Syverson of 1322 N William Street does not want renters in the neighborhood because she feels that they do not take pride in their homes and would not `keep up' the property. JoAnn Larson of 1404 N William St. reiterated the feelings of Arlene Syverson. Milton Wicklander of 604 W St. Croix Avenue agrees with his neighbors. He likes the quiet neighborhood and does not want to see more traffic in the area. Jan Kilkelly of 1313 N Owens Street expressed her wish for single family homes, not • multi-family dwellings. Doreen Hauser of 1309 N Owens Street stated that there are many problems, noise, etc. with the apartment complex already in the neighborhood. She would rather see owner- occupied properties than more rental properties. Mary Hovland of 1218 N William Street stated that any increase in traffic would be detrimental to the neighborhood. Iris Wotzka of 1222 N William Street expressed concern for the safety of her children if the population density increases in the area. Brian Amund of 1311, Carnelian Street has concerns for the safety of his belongings. Betsey Whitbeck concluded that the desire of this association is to get new neighbors who will make an investment in the area,.in the neighbors and in the entire community. She feels that owner occupied properties would provide that type of neighbor. She requested that the Nyberg's consider some other type of development and thanked the Commission for their time and consideration. Mr. Hultman closed the public hearing. • 3 • City of Stillwater Planning Commission Tuesday, November 13, 2001 Robert Gag clarified that the purpose of the hearing is for the Commission to rule on the subdivision of the four lots in question, not on whether or not the property is rental or owner-occupied. Steve Russell stated because the development is consistent with regulations, it would not come before the planning commission or any other governing body for further approval. Zoning Ordinances and Proposed Land Use restrictions apply to the size, setback requirements, drainage requirements, etc., not to the residents. The owners of the property can construct any type of residence as long as it meets the requirements. Mr. Zoller pointed out that even without subdividing, the Nyberg's could actually construct five single family houses and a duplex on the property. These houses could still be rental units because the City does not require residents of a property to be the owner of that property. Mr. Freeman pointed out that the subdivision makes no distinction between owner- occupied or rental units, only the number of housing units allowed. • Mr. Wald stated that there was really no valid reason to deny the request and felt that whatever went in there would be better than what is currently there. Mr. Zoller stated that this is probably the first time he has been asked to combine two lots, rather than separate into smaller lots. He also stated that there is no valid reason to deny this subdivision request. Mr. Hultman asked if North Carnelian will be improved with this development as a public improvement project. He asked if the developers will be required to install the curbing, paving and a turn-around for this project. Mr. Freeman pointed out that the Nyberg's were willing to take on the costs of the improvements to avoid the entire neighborhood being assessed for a public improvement project. The applicant does not want that burden to be put on the neighbors. Motion by Darwin Wald to approve with conditions, Case No. SUB/01-54, seconded by Glenna Bealka. Vote four in favor, two opposed. Motion passed. 5. Case No. V/01-55. A variance to the side yard setback (20 feet required, 8'5.5" requested) for the construction of an exterior exit stairway and two elevated decks on the east side of the building located on the south side of Olive Street between Second and Third Streets in the CBD, Central Business District. Jerry Runk, representing Donald • Marianne Nolde, applicant. 4 • City of Stillwater Planning Commission Tuesday, November 13, 2001 Mr. Hultman opened the public hearing. Mr. Hultman closed the public hearing. Motion by Paul Teske, seconded by Glenna Bealka to approve Case No. V/01-55. Vote all in Favor. 5. Case No. ZAT/01-02. An amendment of Fence Ordinance and Supplemental Regulations regulating the location and height of fences in residential districts. City of Stillwater, applicant. Mr. Hultman opened the public hearing. Mr. Hultman closed the public hearing. Steve Russell explained the need for the amendment to rid the ordinance of the ambiguity about fence heights and neighbors approval and apply the normal variance process to fences. He also stated that per the Planning Commission's request, the "clear corner" provision from the Zoning Ordinance was put into the fence ordinance. Lucille Crowley of 415 W. Wilkins St. expressed her concerns regarding fences and • how some people put up a fence with disregard for the ordinances and she stated that it is difficult to get a response from the City when you have questions regarding ordinances. Terry Zoller added, in Section D Number 1, "fences in excess of 6 feet above natural grade shall be prohibited". Motion by Terry Zoller, seconded by Darwin Wald, to approve as amended, Zoning Text Amendment ZAT/01-02. Vote all in favor. Other Items Lynn Bly, Project Manager of the TH 36 Partnership Study appeared before the Planning Commission to update them on the Trunk Highway 36 Corridor Management Plan for the segment of Highway 36 between Highway 5 and Highway 95. She advised the commission of tentative meeting dates and open house information session dates. Swimming Pool Ordinance - Steve Russell read a brief memo from Cindy Shilts the City's building official regarding the need for fences around above-ground pools. The Commission is considering if there is a need for any changes to the current ordinances. Terry Zoller moved to adjourn the meeting, seconded by Russell Hultman. Vote all in favor. 40 Respectfully Submitted Kathy Rogness Recording Secretary