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HomeMy WebLinkAbout2002-03-11 CPC MIN• City of Stillwater Planning Commission March 11, 2002 Present: Russ Hultman, Chairperson, Robert Gag, Dave Middleton, David Peroceschi, Karl Ranum, Paul Teske, Darwin Wald and Terry Zoller Others: Community Development Director Steve Russell Absent: Glenna Bealka Mr. Hultman called the meeting to order at 6:30 p.m. Approval of minutes: Mr. Middleton, seconded by Mr. Wald, moved approval of the February 11, 2002, minutes as presented; motion passed unanimously. Case No. V/02-06 A variance to the side yard setback (5 feet required, 2' 6" requested) for construction of a garage at 1215 Fourth Ave. S. in the RB, Two Family Residential District. Chad Bergmann, applicant. Mr. Bergmann stated his existing garage is deteriorating. He would like to keep the existing side yard setback, he said. The new garage will be no closer on the north property line. He stated he has two trucks with plows that he would like to keep inside the garage. Mr. Ranum asked why staff is recommending that the garage be a minimum of three feet off the side yard property line. Mr. Russell stated that is due to fire code. Mr. Ranum, seconded by Mr. Teske, moved approval as conditioned, with the condition that there be a 3' separation on the north property line. Motion passed unanimously. Case No. V/02-07 A variance to the side yard setback (5 feet required, 2' 8" requested) for construction of a garage at 1337 First St. S. in the RB, Two Family Residential District. Robert A. Cook, applicant. Mr. Cook stated the roof on the existing garage was deteriorating. He said he got a permit to re- roof the garage. He wanted a second story, and, he said, it was determined a variance was not needed because it was an existing structure. The second story is designed like to the house, with a hip roof. He explained the construction details, and he stated he was unaware of any violations because he subsequently moved. Mr. Teske asked if the height of the roof has changed; Mr. Cook responded no. Mr. Ranum asked if the structure has the same foundation and same roof line. Mr. Cook said the are new gables. Mr. Ranum asked is the second story was for dwelling space and if there was plumbing in the second story; Mr. Cook responded no to both questions. is 1 • City of Stillwater Planning Commission March 11, 2002 Mr. Zoller asked if all the walls on the existing garage had been taken down. Mr. Cook said the south wall was replaced due to a tree that was growing next to the wall, and the garage door wall was replaced. The structure has the same dimensions as the existing garage, Mr. Cook said. Mr. Teske said there appears to be inconsistency with the overhang on the gables, with drainage going to the north, and asked if the overhang had changed; Mr. Cook said he was not sure. Michael Barry, 329 S. First St., stated he is concerned with the drainage. However, he said his biggest concern is with safety. He said the walls of the garage are suspect and of great concern. Mr. Gag noted that he lives across the street from Mr. Cook. He said he understands Mr. Barry's frustration and also Mr. Cook's problem with selling his house. Mr. Gag asked what happens if someone knowingly or unknowingly did work without a permit. Mr. Russell stated there is an enforcement process the City can follow. Mr. Ranum said he understood the structural concerns, but stated he understand granting a variance as the footprint of the building hasn't changed. Mr. Teske suggested the shape has changed significantly and there is a lot of building that wasn't there in the past. Mr. Gag said a change had to be made as the existing garage was deteriorated when Mr. Cook purchased the property. There was discussion as to whether the require Mr. Cook to take everything down. Mr. i Middleton suggested the Commission needed to look at the issue from the perspective of whether it would have granted a variance if Mr. Cook had requested a variance before starting the work. After discussion, Mr. Ranum moved approval as conditioned, with the additional conditions that the applicant apply for and receive a building permit; that a structural engineer make recommendations based on its intended use, with the cost of hiring an engineer be at the applicants expense; that there the second floor be used only for storage/utility space, not for dwelling space; and reiterating that all drainage remain on site. Mr. Middleton seconded the motion. Motion passed 5-3, with Mr. Peroceschi, Mr. Teske and Mr. Wald voting no. Case No. SUP/02-08 A special use permit to operate a 3-room inn with pastry shop and garden parties with music at 114 E. Chestnut in the CBD, Central Business District. Joele Hiers and Marlin Eiklenborg, applicants. Joele Hiers was present. She stated the applicants have purchased the inn and is leasing the space for the pastry shop. Mr. Zoller asked if there have been any complaints about the current inn/restaurant. Mr. Russell stated not that he was aware of. Mr. Zoller, seconded by Mr. Teske, moved approval as conditioned. Motion passed unanimously. 0 2 . City of Stillwater Planning Commission March 11, 2002 Case No. SUP/02-09 A special use permit request for an open air Linder's Flower Mart at the River Heights Plaza, 1250 Frontage Road in the BP-C, Business Park Commercial District. Linder's Greenhouse Inc., applicant. Jonathan Peterson was present representing Linder's Greenhouse. He said Linder's currently has such operations in 35 locations. The area would be enclosed on three sides with a cedar fence. He stated Linder's would like approval to operate the space for 75 days, but if only two months is allowed, they would like to be open April 25-June 25. Mr. Middleton asked about parking. Mr. Russell stated that parking does not seem to be an issue, but noted the recommendation if for review after one year. Mr. Ranum asked if clean-up should be a condition. Mr. Peterson stated Linder's has a reputation to uphold and would maintain the area. Mr. Middleton, seconded by Mr. Gag, moved approval as conditioned, allowing the use April 15-June 30. Motion passed unanimously. Case No. V/02-10 A variance to the Traditional Residential, TR, accessory building regulations . (500 square feet allowed, 752 square feet requested) for construction of a one-stall garage and separate hobby shop with storage space above at 3374 Staples Place in the TR, Traditional Residential District. Ken and Connie Taillon, applicants. Mr. Taillon was present. He stated they have a purchase agreement on the property. He stated that due to the shape of the lot and to minimize impact on trees, they would like to "redistribute allowable space," with a three-stall garage, placing 252 feet of space to the rear of the property. Mr. Hultman asked if accessory buildings with second stories are allowed. Mr. Russell said that is allowed in the TR District like the RB district. Mr. Zoller noted this is a new development, and if the Commission starts granting variances it's likely to result in many more requests; Mr. Ranum agreed with that assessment. Mr. Gag, seconded by Mr. Zoller, moved to deny the request. Motion for denial passed unanimously. Case No. SUB/02-11 A minor subdivision to subdivide Lot 1, Block 1, St. Croix Business Park, into two lots at 1855 Northwestern Avenue in the BP-I, Business Park Industrial District. Kay Williams, representing DiaSorin Inc., applicant. Ross Buschman, was present representing DiaSorin. He stated DiaSorin is selling Parcel A to Family Means; the company will retain Parcel B. City of Stillwater Planning Commission March 11, 2002 Mr. Ranum, seconded by Mr. Wald, moved approval as conditioned. Motion passed unanimously. Case No. SUP/02-12 A special use permit to co-locate an antenna on an existing Washington County tower located at 2001 Willard St. in the RA, Single Family Residential District. Qwest Wireless, LLC, applicant. Larry Coleman was present representing Qwest Wireless. He stated the company has been looking for a location for a number of years in order to provide coverage for the area. He stated Qwest began working with the Sheriff's Department about two years ago. The space is available and on an existing tower. Mr. Wald, seconded by Mr. Middleton, moved approval as conditioned; motion passed unanimously. Case No. SUP/DR/02-13 A special use permit for an accessory building with living space above located at 320 W. Pine St. in the RB, Two Family Residential District. Michaela Mahady, representing Culver and Judith Davis Jr. • Ms. Mahady was present. She stated the property includes four city lots. The request is to construct a 4-stall garage with living space above. She provided a model of the proposed structure. Dean Hansen, 402 S. Sixth, asked what would be above the garage. Ms. Mahady said the there would a 790 square feet apartment for a caretaker. Mr. Hansen was generally in favor of the proj ect. Mr. Ranum asked about setbacks. The structure will meet all required setbacks. Mr. Russell noted the request is consistent with the City's regulations. Mr. Zoller, seconded by Mr. Wald, moved approval as conditioned; motion passed unanimously. Case No. PUD/02-14 A planned unit development for a three-phase addition including a new entry, Family Life Center and connecting structure to the existing church at 610 Country Road 5 in the RA, Single Family Residential District. Jeff Magler, representing Oakridge Community Church, applicant. Dan Mehls represented Oakridge Community Church. He stated the project is to provide ADA access and construct space for outreach programs. Phase 1 would be a new entry with elevator. Phase 2 would be construction of a family life center with gymnasium. He said the church recognizes there are past issues with the neighborhood. A letter was sent to neighbors and one • meeting held with the neighbors. 4 City of Stillwater is Planning Commission March 11, 2002 Mr. Mehls went through the 12 conditions of approval and stated the church would accommodate all the conditions. Regarding landscaping and fencing, he stated the church would like to do landscaping on an individual basis as preferred by neighbors. And, he noted that in the past neighbors have not wanted fencing, so the church would like to gain input on that issue as well. Regarding the issue of access/driveways, Mr. Mehls said the church would like to retain the existing access in the parking lot to provide access for utility/fire department use; there would be minimal traffic. Mr. Russell responded that Washington County wants to see just one entrance to the church. The resident of 2209 Oakridge Road stated that he was basically opposed to the expansion as the property is not large enough to accommodate what is proposed. He said neighbors would not want dust from cars that would result from the ball field being used for overflow parking. He also stated the church could reduce the amount of dust by planting grass to the base lines of the ball fields. He also noted that neighbors would like the north entrance closed, but indicated there were utility poles in that area that need to be accessed. Regarding the issue of the ball field, Mr. Magler noted it is a regulation field, with the same amount of dirt as all City parks. Barb Ressler, 2241 Pinehurst, asked how close the building would be to her property. It was noted the expansion is basically to the north, rather than the south. Clarence Polzin, 2135 • Oakridge Road, said the proposed structure is too close to the property line. The resident of 2340 Driftwood asked what would happen to an existing small storage shed; Mr. Mehls said that would be eliminated. Mr. Ranum suggested tabling the issue until revised plans are provided and input is received from Washington County and in order to meet with neighbors. Mr. Mehls noted the church is willing to accommodate neighbors on a case by case issue, and the rest of the issues have been addressed. Mr. Middleton moved approval as conditioned, changing condition No. 9 to indicate that emergency bars must be placed on door openings on the north side of the family life center and kitchen area; changing the wording of condition No. 5 to indicate landscaping/fencing shall be installed along the north property line if requested by homeowners and so as to meet any existing easement; and adding a condition that the ball field be reviewed/approved by the Community Development Director and that the existing storage shed on the south portion of the property be permanently removed. Mr. Teske seconded the motion. Motion passed 7-1, with Mr. Ranum voting no. Case No. SUP/02-15 A special use permit request for a K-12 Christian day school at 610 County Road 5. Richard Bernier, applicant. 5 City of Stillwater Planning Commission March 11, 2002 Mr. Russell stated the applicant is requesting that the Planning Commission deny the previous application without prejudice so the request can come back to the Commission within a year. The Commission took no action. South Boutwell Area Plan Mr. Russell introduced the discussion. He noted that the Comprehensive Plan indicates this area as Phase IV, not scheduled for annexation before 2015. However, the Orderly Annexation Agreement provides for early annexation if 100 of the property owners petition for annexation and the land in question is contiguous to the City. The intent, he said, is to develop a plan for what residents want the area to be when annexation occurs. A resident questioned the City's interpretation of 100 percent of property owners, saying he though all residents in the area had to be in favor of annexation, rather than individual property owners petition for annexation. There also was a question about the timeframe for developing the plan; Mr. Russell responded that the intent is to hold two or three more informational meeting and adopt the plan this summer. Sherri Buss of Bonestroo, Rosene and Anderlik, consulting engineers, reviewed the major issues - roads, streets and trails; water and sewer services; stormwater management and wetlands; and • land use issues. She also provided a number of overlays of possible land use/densities. A member of the audience asked by attached town homes keep coming into the equation. Ms. Buss responded that is one of the proposals the City has received from a property owner requesting annexation. There was a concern expressed about density and possible lowering of property values. Someone suggested that this area should be kept single-family as a transition area. An audience member asked what it would take to deny the request for annexation. Ms. Buss asked if residents would prefer that town homes be clustered in the eastern and western most portions of the area or intermixed. The consensus was that if there is to be any multi-family housing, it be clustered, rather than intermixed. There were several questions about the possible extension of Neal Avenue and how that would be accommodated without condemning some property. There also was a concern that Neal could become a major thoroughfare There was a question about parks and trails, and a concern that bike trails not encroach on private property. The meeting concluded with a representative of Bruggeman Homes briefly reviewing a concept plan for 18 acres of property. The proposal is to construct 54 single-level, attached twin homes. Grouping of the homes will allow for more open space, he said. Homes likely will be priced in • the $300,000 range. 6 City of Stillwater Planning Commission March 11, 2002 The meeting was adjourned at 10:30 p.m. Respectfully submitted, Sharon Baker Recording Secretary 0