Loading...
HomeMy WebLinkAbout2004-06-14 CPC MINCity of Stillwater Planning Commission June 14, 2004 Present: Mike Dahlquist, David Junker, David Middleton, David Peroceschi, Karl Ranum, Paul Teske and Jerry Turnquist Others: Community Development Director Steve Russell Absent: Robert Gag and Darwin Wald Vice Chair David Middleton called the meeting to order at 7 p.m. Approval of minutes: Mr. Turnquist, seconded by Mr. Teske, moved approval of the Minutes of May 10 and May 17, 2004. Motion passed unanimously. Case No. V/04-40 A variance to enlarge a non-conforming use on a substandard lot of 8,437 square feet at 216 W. Wilkins St in the RB, Two Family Residential District. Marcia Kilbourne, applicant. The applicant and her daughter, Angela, were present. Ms. Kilbourne noted that she has an abstract indicating the property was previously approved as a 4-plex. She stated that she had previously received approval for the requested improvement but was unable to proceed because of a city pipe that was too close to the foundation. She said she is requesting the improvement because the rooms currently are so small as to preclude renting units to families. Mr. Junker asked if the pipe situation has been resolved. Ms. Kilbourne stated the pipe is supposed to have been abandoned. Speaking against the request were John Shimotta, who lives directly across the street from Ms. Kilbourne; a representative of Thomas Hubman, 1100 N. Fourth St.; and Ray Loida, 311 W. Stillwater Ave. Several comments were received about the existence of non-approved units above the garage being inhabited. Others also commented on the unsightliness of the property. Commission members questioned Ms. Kilbourne as to the number of people living on the property and the number of units that are being rented. Ms. Kilbourne stated the numbers are the same as when she last appeared in 1998. Mr. Ranum asked if the garage had been approved for water service and if there was a toilet in the garage. Ms. Kilbourne said a composting toilet is used in the garage. Mr. Turnquist noted that the main issue is that this is already a non-conforming use that would be further increased if approved. Mr. Ranum moved to deny the request. Mr. Turnquist seconded the motion; motion passed unanimously. I• City of Stillwater Planning Commission June 14, 2004 Case No. V/04-41 A variance to the street setback (30 feet required, 17 feet requested) for construction of a roof over an existing porch/walkway at 715 N. Everett St. in the RB, Two Family Residential District. Michael and Shannon Dinzeo, applicants. The applicants were present. They explained that the porch was existing when they purchased the property. There is an ice problem in the winter. They need to reshingle the house and would like to extend the roof over the porch. They noted there are four different roof pitches on the existing house. They stated many homes in the neighborhood have similar covered porches. Mr. Ranum noted the request would not extend the structure any farther into the property. Mr. Ranum moved to approve the request as conditioned, with the additional condition that the pitch of the new roof portion be compatible with the rooflines of the main structure. Mr. Teske seconded the motion; motion passed unanimously, Case No. V/04-42 A variance to the street setbacks (30 feet required, 16 and 5 feet requested) for construction of a wrap-around porch at 126 N. Martha in the RB, Two Family Residential District. Brian and Seresa Honebrink, applicants. The Honebrinks were represented by a neighbor, Jim Barton, 125 N. Martha. This request was previously approved by the Planning Commission. The approval expired, requiring a new application. Mr. Turnquist moved approval as conditioned - that a sidewalk easement be provided to the City. Mr. Teske seconded the motion. Mr. Ranum suggested adding language that the easement shall be provided as the sidewalk is currently located. Mr. Turnquist and Mr. Teske agreed to add that language to the motion. Amended motion passed unanimously. Case No. V/04-43 A variance to the street side yard setback (30 feet required, 15 feet requested) for construction of a residence at 1419 Pine St. W. in the RA, Single Family Residential/Shoreland District. Larry and Laura Dauffenbach, applicants. The applicants were present. Mr. Dauffenbach noted for the record that he is a City employee and purchased the property from a City employee. Mr. Russell, who owns property at 1417 W. Pine St., did not participate in the discussion; Planner Sue Fitzgerald assumed Mr. Russell's position for this case. Mr. Dauffenbach noted that the property is a unique lot, which makes it difficult to build on. The house design will fit in with the existing neighborhood, he said. Due to the number of mature trees on the lot, the house design, of necessity, gets shorter and wider. The driveway will access from Hemlock. It is 50 feet from the end of the street to the garage, he said. 2 10 10 City of Stillwater Planning Commission June 14, 2004 Mr. Ranum pointed out that no neighbors had expressed a concern about the proposal. A letter was received from Ronald and Nadine Schoenborn, 514 S. Hemlock St., and James and Amy Tibbetts, 502 S. Hemlock St., in support of the Dauffenbachs' proposal. Mr. Teske, seconded by Mr. Turnquist, moved approval as conditioned. Motion passed unanimously. Case No. SUP/V/04-44 A special use permit for an accessory dwelling, 800 square feet allowed, 993 square feet requested, and variance to the side yard setback (10 feet required, 5 feet requested) at 403 W. Hancock in the RB, Two Family Residential District. Michael Vincent, applicant. Mr. Vincent was present. He noted that his property is a 12,000-square-foot lot. He said the new structure would be designed like the main house and have a matching roof pitch. He noted that he had contacted neighbors, and none were opposed. Mr. Ranum asked Mr. Vincent why he was requesting a variance for the square footage. Mr. Vincent explained that he would like a three-car garage and without a variance there isn't room for a workbench, for example. He said he plans to convert the existing attached garage into living space for the main house. Mr. Ranum noted the City has a specific ordinance regulating accessory structures, and he said he saw no hardship for granting a variance above the 800 square feet limit. Mr. Teske moved to approve the SUP for the accessory structure. Mr. Turnquist seconded the motion; motion passed unanimously. Mr. Teske, seconded by Mr. Dahlquist, moved to deny the side yard variance; motion to deny passed 4-2, with Mr. Turnquist and Mr. Peroceschi voting no and Mr. Middleton abstaining. Mr. Turnquist moved to approve the variance for the square footage; Mr. Peroceschi seconded the motion. Motion to approve the square footage variance failed 2-4, with Mr. Turnquist and Mr. Peroceschi voting in favor; Mr. Dahlquist, Mr. Junker, Mr. Ranum, and Mr. Teske voting no, and Mr. Middleton abstaining. Case No. SUP/04-45 A special use permit for a 3-bedroom vacation home with dinner service, House of Grace, at 917 W. Myrtle St. in the RB, Two Family Residential District. Suzanne Daniels, applicant. Ms. Daniels and her husband, residents of Minneapolis, were present. Ms. Daniels explained the intent is to rent the two bedrooms to family groups. They also would like to be able to prepare and serve a seven-course meal to guests. Ms. Daniels noted there is enough room in the driveway to accommodate guests, and there will be no need for on-street parking. She also stated she has spoken with neighbors. 3 City of Stillwater Planning Commission June 14, 2004 Paul Lacy, 318 Olive St., stated he had a concern with the proposal. He suggested that it is an attempt to run a bed and breakfast without meeting any of the requirements - lot size, house size, on-site resident manager, etc. Mr. Ranum noted that a private house owner could rent out his or her house and live elsewhere. He asked what constitutes a bed and breakfast. Mr. Russell noted the City does not regulate vacation or short-term rentals; the difference is when the proposal involves the serving of food. Mr. Russell noted the proposal doesn't fit neatly into any current categories and suggested that a new ordinance might be needed. There was discussion about what constitutes a B&B. Members were generally supportive of the concept, but agreed that a new ordinance category is needed. After discussion and a motion to approve the SUP with the condition that no food service be provided or arranged for, it was agreed that it might be better to table the request to allow staff time to develop an ordinance proposal. Mr. Tumquist mode the motion to table the request for up to 60 days to allow staff to review and develop a plan for regulation of vacation rental properties. Mr. Teske seconded the motion; motion passed unanimously. Case No. V/04-46 A variance to the street side yard setback (30 feet required, 23 feet requested) for replacement of a garage with an oversized accessory structure, 432 square feet, 120 square feet allowed, at 1225 S. Fourth St. in the RB, Two Family Residential District. Gary and Dawn Bagaas, applicants. Mr. Bagaas was present. He explained the request is to remove an existing garage and construct a new one, and maintain an existing accessory structure on site. The two structures are not connected. Mr. Turnquist, seconded by Mr. Ranum, moved approval as conditioned. Motion passed unanimously. Case No. V/04-47 This case was tabled. Case No. V/04-48 A variance to the front yard setback (30 feet required, 14 feet requested) for the repair/replacement of steps on existing deck and providing storage under steps at 816 Sixth Ave. S. in the RB, Two Family Residential District. Peter and Lorene Lee, applicants. Mr. Lee was present. He said the existing stairs need to be rebuilt. The proposed replacement steps will come to within about 6" of the current stairs, he said. He also noted the existing structure is setback less than 30 feet. City of Stillwater Planning Commission June 14, 2004 Mr. Ranum moved approval as conditioned, with the additional condition that the replacement not enrcroach into the setback more than 6". Mr. Teske seconded the motion; motion passed unanimously. Case No. SUP/V/04-49 A special use permit for a restaurant/pastry shop/cafe (Caf6 Trocadero) with outside seating and a variance to the parking requirements (81 spaces required, 73 spaces provided) at 200 W. Chestnut St. in t he CBD, Central Business District. Mark Balay, applicant. Mr. Balay was present. He noted the 81-space parking requirement is for the entire building. The restaurant use requires 26 spaces; a variance of two spaces is required for the restaurant use. He said the SUP is needed for the outside seating. Mr. Middleton asked if there were plans for outdoor music; he also asked about the hours of operation. Mr. Balay said he was unaware of any plans for outdoor music. Mr. Ranum asked about signage. Mr. Balay said the only signage will be on the retractable awning on the Chestnut Street elevation. Mr. Ranum moved approval as conditioned, with the additional condition that the business meet noise ordinance requirements and that any exterior music/announcements cease by 10:30 p.m., and that the applicant provide no less than 79 parking spaces. Mr. Teske seconded the motion; motion passed unanimously. Case No. V/03-68 A modification to approved variance for additional signage at 610 N. Main Street, Terra Springs, in the CBD, Central Business District. Brian Sweeney, applicant. Mr. Sweeney was present. Mr. Sweeney explained the request is for a 8'x20' sign to be placed on the fencing along Main Street, with 1x4 or 1x5 feet banners on the construction trailers. He said all other signage on site would be eliminated. Mr. Ranum moved approval of the requested 8'x20' sign with three 1x4' signs for the construction trailers as conditioned, with the additional condition that all other signage be removed promptly. Mr. Turnquist seconded the motion; motion passed unanimously. Case No. 04/50 A variance for a second level deck on top of an existing porch with a 14'6" existing setback at 601 S. Fourth St. in the RB, Two Family Residential District. Circle Services, representing Tim and Amy McKee, applicant. Mr. McKee was present. Mr. Turnquist questioned whether the existing porch is strong enough to accommodate the deck. Mr. McKee said the fencing around the deck will meet code and be of an historic nature. 5 City of Stillwater Planning Commission June 14, 2004 Mr. Turnquist moved approval as conditioned. Mr. Ranum seconded the motion; motion passed unanimously. Case No. V/04-51 This case was withdrawn. Case No. V/04-52 A variance to the street side setback (30 feet required, 24 feet requested) for construction of a second story addition to an existing residence at 518 Dubuque St. in the RB, Two Family Residential District. Darinka Zizich, applicant. Ms. Zizich and Steven Brown were present. It was explained the existing house has a flat roof and they are requesting to construct a second floor on the existing structure. They also could like to extend the structure two feet on the north side for construction of a chimney; they would still be able to meet setback requirements at that location. Mr. Ranum moved approval as conditioned, with the additional condition that the new chimney not project any more than 2' out from the existing chimney and not encroach into the setback requirement. Mr. Teske seconded the motion; motion passed unanimously. Other items: Maple Island Hardware and Minnesota Zephyr sign - Mr. Russell stated he had communicated with the Maple Island Hardware owner regarding the compliance issue. Information regarding the Zephyr signage was included in a memo in the agenda packet. Boutwell South Area Plan - Mr. Russell noted the plan has been changed to reflect the recommendations from the recently completed traffic study. The land use section includes proposed language regarding the phasing of development based on the availability of services, as the Commission discussed at its last meeting. There was additional discussion regarding traffic issues and the possible Neal Avenue connection at County Road 12/Northland. Mr. Turnquist reiterated his position that the City needs time to deal with the current traffic situation before allowing any kind of development in the Boutwell South area. Lynn Morehead, who with her husband owns a 14-acre parcel at County Highways 12 and 15, addressed the Commission. She said they are interested in developing the parcel, a parcel that will not impact the Neal Avenue connection. She asked that the requests for annexation/development be considered on a case-by-case basis. Paul Bruggemann, who owns an 18-acre parcel in the Boutwell South area, also addressed the Commission. He noted he has been working with the City for 4 and one-half years and would like to move forward in some fashion. He also noted that at one point he had received approval 0 6 City of Stillwater Planning Commission June 14, 2004 for his development from the City/Township Joint Board. The Bruggemann's and Morehead's parcels comprise less than 25 percent of the area in question, he pointed out. Mr. Russell noted that the Planning Commission had previously approved the Boutwell South Area Plan. The Council tabled action on the plan for the traffic study, which has now been completed. The land use portion of the plan the Commission previously approved has not changed, he said. There was continued discussion about the Neal Avenue connection. Several members pointed out that if development proceeds before a decision is made on Neal Avenue, the City will lose options on that connection. Mr. Dahlquist suggested sending the plan back to the Council incorporating the Planning Commission's previous decision on the Neal Avenue connection. Mr. Russell read a suggested statement that the Planning Commission recommends the Boutwell South Area Plan with the condition that development in the area is contingent on a decision on the Neal Avenue connection. Mr. Teske moved to forward the plan to the Council incorporating that language. Mr. Turnquist seconded the motion; motion passed unanimously. Mr. Teske, seconded by Mr. Turnquist, moved to adjourn at 10 p.m. Motion passed unanimously. Respectfully submitted, Sharon Baker Recording Secretary 7