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HomeMy WebLinkAbout2004-07-12 CPC MINCity of Stillwater Planning Commission July 12, 2004 10 District. Jon Ludwig, applicant. Present: Robert Gag, Chairperson, Mike Dahlquist, Dave Middleton, David Peroceschi, Karl Ranum, Paul Teske and Darwin Wald Others: Community Development Director Steve Russell Absent: David Junker and Jerry Turnquist Mr. Gag called the meeting to order at 7 p.m. Approval of minutes: Mr. Wald, seconded by Mr. Ranum, moved approval of the minutes of June 14, 2004; motion passed unanimously. Case No. ZAM/04-01 A Zoning Map Amendment changing the zoning of the area south of North 62"d Street, bounded by North 62"d Street, Paris Avenue and Oxboro Avenue, from Single Family Residential (RA) to Public Administrative Office (PA). Human Services Inc. and the City of Stillwater, applicants. Robert Butler, CEO of Human Services Inc., informed the Commission that Human Services has withdrawn its request for a PUD and rezoning, and HSI is not the applicant. Mr. Russell briefly reviewed the land use study of the area and the Commission and City Council's earlier actions on the rezoning. Mr. Ranum moved to approve the Zoning Map Amendment, noting that Human Services Inc. had withdrawn its request and was not an applicant. Mr. Wald seconded the motion; motion passed unanimously. Case No. SUP/04-45 This case was withdrawn. Case No. V/04-47 Modification to the master sign plan and variance to the sign regulations for an electronic reader board sign at 1250 Frontage Road, Valley Ridge Commercial Center, in the BP-C, Business Park Commercial District. Steve Pajor, South Metro V, LLC, applicant. The applicant was not present. Mr. Middleton noted that there are several other reader board-type signs in the area. Mr. Ranum noted that such signs are against the ordinance. Mr. Peroceschi moved to deny the request. Mr. Ranum seconded the motion. Motion passed 6-1, with Mr. Peroceschi voting no. Case No. SUB/04-53 A resubdivision to combine Lots 17 and 20, County Auditor's Plat #3, into one lot of 26,388 square feet at 711 and 713 N. Third St. in the RB, Two Family Residential City of Stillwater Planning Commission July 12, 2004 IThe applicant was present. Mr. Wald, seconded by Mr. Ranum, moved approval. Motion passed unanimously. Case No. ZAM/04-02 A Zoning Map Amendment changing the zoning of a 1.5 acre parcel at 7160 Mid Oaks Avenue from Agricultural Preservation (AP) to Lakeshore Residential (LR). Richard and Leah Peterson, applicant. Richard Peterson addressed the Commission. He noted that the rezoning from the holding pattern it was zoned following annexation fits the City's Comprehensive Plan, as well as the existing zoning of the properties directly across the street. He spoke to several of the issues raised in a letter from Liz Kramer, Leonard, Street and Deinard, representing Wesley and Deidre Kramer, 7100 Mid Oaks Avenue. Mr. Peterson suggested that their request does not represent spot zoning as the lots across the street already are zoned residential. Regarding the private covenants, those expired by the terms of the covenants in 2001 and would have expired in 2003 according to state statute. He said he did not think the rezoning would result in a dramatic change to the neighborhood and noted that city services are already in place. Regarding the issue of "public necessity," Mr. Peterson said that doesn't mean a rezoning has to have a "huge public purpose," but need only be "substantially related to the general welfare of the community." Deidre Kramer, 7100 Mid Oaks, spoke against the request. She suggested if approved, owners of the other parcels in the area still zoned AP might follow suit. She said the proposal does not fit the character of the existing neighborhood. Liz Kramer reiterated the points raised in her letter. She said she sees nothing related to the general welfare of the community in the rezoning. She asked that if the Commission believes that the AP zoning is no longer appropriate for the area, a study be conducted to determine the impact. Charlie King, 7030 Mid Oaks, spoke against the rezoning, as did the resident of 7190 Mid Oaks, who stated the rezoning would take away from the character and appeal of the street and its unique setting. Dave Jones, 7079 Mid Oaks, said rezoning will destroy the character of the property. John Braatz, 7070 Mid Oaks, asked whether the rezoning is for just one parcel or all the parcels still in AP. Candace Braatz, noted there are no sidewalks and said it would not be safe for children to add any more traffic to the area. Mr. Russell reviewed the zoning process in the Orderly Annexation Agreement. Mr. Ranum asked how long the AP designation lasts. Mr. Russell stated as long as the neighborhood wants it to last. Mr. Russell noted that this request is similar to a situation on 62nd Street where one 2 City of Stillwater Planning Commission July 12, 2004 property owner requested rezoning and the others did not want to be rezoned; in that instance the single parcel was rezoned. Mr. Ranum asked about the size of the existing infrastructure. Mr. Russell stated the existing infrastructure can accommodate any additional development that might occur. Mr. Russell said the real issue is the "neighborhood character" issue. Mr. Ranum noted that the east side of the street currently is zoned RA, single family residential, yet the area has remained large lots. While understanding residents' fears, Mr. Ranum suggested the rezoning would not result in a great change to the neighborhood. Mr. Teske agreed, saying he did not think this request would have a huge impact on the neighborhood. Regarding setting a precedent, Mr. Teske noted that future requests would be considered on a case-by-case basis. Mr. Dahlquist suggested that it might be a good idea to look at another zoning designation for the entire area in question. Mr. Ranum noted that would not preclude future requests for rezoning to lakeshore residential. Mr. Ranum also noted that a number of the property owners still zoned AP would be precluded from future subdivision due to the placement of their homes on the lots. Mr. Peroceschi moved to recommend approval of the rezoning. Mr. Dahlquist seconded the motion, asking that the motion include a condition that the city engineer confirm the utilities capacity. Mr. Peroceschi agreed to make that a condition of the motion. Motion passed 5-2, with Mr. Wald and Mr. Gag voting no. Case No. V/04-54 A variance to the street side yard setback on a corner lot (30 feet required, 5'6" and 2' requested) for construction of a detached garage at 628 S. Third St. in the RB, Two Family Residential District. Kenneth and Joan Fixmer, applicants. The Fixmers were present, along with their son, Don. Kenneth Fixmer noted their property is a pie-shaped lot. Photos of the property were shown. Much of the discussion centered on the fact that currently there is not enough driveway space, resulting in the Fixmer vehicle being parked on the sidewalk. Mr. Teske asked why the drive couldn't be off Locust Street rather than Willard. Kenneth Fixmer said Locust is not a high priority for snow removal. Mr. Fixmer also discussed a problem with sight lines at another location. Mr. Ranum suggested that moving the new garage to the east would provide an opportunity for a longer drive. Mr. Peroceschi moved to deny the request; Mr. Ranum seconded the motion. Mr. Gag suggested the applicant is in a tough spot - the garage needs to be replaced and the shape of the lot presents problems. Mr. Dahlquist noted that members were not opposed to a variance, the issue is changing the proposed location in order to accommodate a longer drive. Mr. Dahlquist asked if there was an alternative to outright denial. I• 3 City of Stillwater Planning Commission July 12, 2004 After discussion it was agreed to table the request in order to give the applicant time to come up with another proposal. Mr. Peroceschi withdrew his motion to deny; Mr. Ranum accepted the withdrawal. Case No. V/04-55 A variance to the street side yard setback, corner lot, (30 feet required, 28 feet requested) for placement of an egress window well at 822 S. Second St. in the RB, Two Family Residential District. Paul Nord Construction, representing Dwayne Nelson, applicant. Mr. Nord was present. He explained that with the window well, the egress window extends two feet into the required setback. He said line of sight was not an issue. Mr. Teske, seconded by Mr. Wald, moved approval as conditioned. Motion passed unanimously. Case No. V/04-56 A variance to the sign regulations for the placement of a 4'x8' doubled faced, lighted sign at 813 W. Myrtle St. in the RB, Two Family Residential District. Gail Martell, First United Methodist Church, applicant. Ms. Martell was present. Mr. Teske noted that generally internally illuminated signage is not allowed; he also noted that other churches have similar signage to what is being proposed. Mr. Russell said the restriction regarding illuminated signage is for the downtown district. This sign is being requested in the RB District, where no signage is allowed. Mr. Teske, seconded by Mr. Peroceschi, moved approval of the requested 4'x 8' sign as conditioned. Mr. Ranum raised an issue regarding the height of the base of the sign. The applicant said the base is about 18 inches high. Mr. Teske amended his motion to approval of a 4' x 8' sign not to exceed 4' 1.5" in height. Mr. Peroceschi would not accept that amendment, and Mr. Teske withdrew his motion. Mr. Peroceschi moved to approve the proposed 4' x 8' sign with an 18" base as conditioned. Mr. Wald seconded the motion. Motion passed 6-1, with Mr. Dahlquist voting no. Case No. V/04-57 A variance to the sign regulations for placement of an 8'x8' wood sign at the northwest corner of Main and Mulberry Streets in the CBD, Central Business District. Joanna Lyons, Four Star Land Development of Stillwater, LLC., applicant. Dave May was present representing the developers of Stillwater Mills on Main. Mr. May noted that when the existing buildings are removed, the property will be excavated to the sidewalk and a fence installed. The sign would be located inside the fence. Mr. Ranum asked about a length of time. Mr. May said the sign would be needed until occupancy commences. Mr. Russell noted that with the base, the sign will be 12' x 8'. Mr. Ranum, seconded by Mr. Wald, moved approval as conditioned; noting this is temporary signage during construction only. Motion passed 6-1, with Mr. Middleton voting no. 4 10 16 City of Stillwater Planning Commission July 12, 2004 Case No. V/04-59 A variance to the rear yard setback (5 feet required, 2'6" requested) for construction of a detached two-car garage at 814 S. Third St. in the RB, Two Family Residential District. Kevin Meinke, applicant. Mr. Meinke was present. He noted the existing garage does not match the house, the new garage will match. He said the request is to construct the new garage in the same location on the property as the existing garage. Mr. Peroceschi moved approval as conditioned. Mr. Middleton seconded the motion; motion passed unanimously. Case No. V/04-60 A variance to the rear yard setback (5 feet required, 2'6" requested) for construction of a detached two-car garage at 822 S. Second St. in the RB, Two Family Residential District. Dwayne Nelson, applicant. Mr. Nelson was present. He stated the garage is in bad shape and needs to be replaced. The new garage will maintain the same setback as the existing structure. Mr. Middleton moved approval as conditioned. Mr. Wald seconded the motion; motion passed unanimously. Case No. SUP/04-61 A special use permit for a non-profit early childhood program at 1616 W. Olive St., Our Savior's Lutheran Church, in the RA, Single Family Residential District. Janet Miller, applicant. Janet Miller of Lake Area Discovery Center, a non-profit Christian-based early childhood program, briefly explained the request. The program would run from 9 a.m. to 3 p.m. Monday through Friday. There would be two sessions, with no more than 70 children on site at one time. Sharon Stratmoen, Our Savior's youth ministry, said currently there are about 235 children attending Sunday School and about 150 during Vacation Bible School. Mr. Ranum asked about condition of approval No. 2 that three church lots be combined into one lot. Mr. Russell stated that was a housekeeping measure. Dick Miller, another Our Savior's representative, stated the church has registered warranty deeds conveying title to the properties but does not have abstracts. Combining the lots would represent an expense to the church, he said. Mr. Miller also stated it was highly unlikely that the church would ever sell the properties. Mr. Russell explained that property lines affect setbacks, thus the recommended condition. Mr. Ranum expressed a concern about the amount of traffic that the use would generate, especially given the upcoming changes in traffic patterns on Brick Street. Mr. Teske agreed with that concern, but said he thought the use would be valuable to the community. 5 City of Stillwater Planning Commission July 12, 2004 Mr. Teske moved approval as conditioned. Mr. Peroceschi seconded the motion. Mr. Dahlquist said he was not sure he wanted to tie approval to the requirement to combine the lots. Motion passed 5-2, with Mr. Dahlquist and Mr. Ranum voting no. Case No. SUP/04-62 A special use permit for a five-guest Bed and Breakfast at 416 S. Fourth St. in the RB, Two Family Residential District. Dianne Hark, representing Andrew and Linda Sigl. Linda Sigl was present. She briefly reviewed some of the initial improvements they planned to make to the home. She stated an existing wooden fence on the west and south of the property would be extended to avoid any nuisance with car headlights if that is of concern to neighbors. Guest parking would be on site, she said. Richard Kilty, who lives at 118 W. Oak and owns the property at 424 S. Fourth Street, objected to the request. Mr. Kilty's primary concern was with the "abuses" of the Special Use Permits granted to other B&Bs in the neighborhood such as the Rivertown Inn, which started as a three bedroom facility and now has nine units, and the Ann Bean Mansion, which now has a wine license and a license to host special events. He pointed out the property in question in 600 feet from the Rivertown Inn and 500 feet from the Ann Bean Mansion, and the ordinance requires a minimum of 900 feet distance. Howard Lieberman, chair of the Heritage Preservation Commission, spoke in favor of the request. He noted the HPC analyzes a house from an historical perspective to determine if it is appropriate for a B&B use. The home in question meets all criteria, he said. Mr. Lieberman stated the city's B&B ordinance was enacted as a way of preserving the "grand old houses" of Stillwater, and he said he would rather see this home used as a B&B than a boarding house or falling into disrepair. He also stated the HPC thought this site was uniquely appropriate to a B&B as it is located in an area of primarily institutional use with few single-family residences. Mr. Ranum asked why the 900 feet requirement was part of the ordinance. Mr. Lieberman stated the intent was to prevent having a B&B "district." It was not to protect existing B&Bs from competition, he said. And, he noted that there has not been a huge proliferation in the number of B&Bs. Mr. Russell noted that in addition to preserving historic structures, the ordinance was intended to maintain a balance of neighborhood character. The resident of 404 S. Fourth St. spoke against the proposal. She noted there are a number of B&Bs on the market now. She expressed a concern about traffic and the impact on the value of their home. Michael Bowman, 210 W. Oak, also cited a concern about potential parking problems. 6 I• I• City of Stillwater Planning Commission July 12, 2004 Richard Huelsmann, a resident of 62"d Street North in Stillwater, representing St. Mary's Church, spoke against the proposal. He suggested that changing single-family residence to a B&B changes the character of the area. He also noted that when the Ann Bean B&B hosts special events, guests often use the church parking lot creating a problem. Mr. Ranum and Mr. Teske noted that the economics have changed and historic preservation in not an issue any more. The separation issue is important, Mr. Ranum stated, and Mr. Wald agreed that was a strong enough reason for denial. Mr. Teske moved to deny the special use permit. Mr. Wald seconded the motion. Mr. Peroceschi said he thought the location was an ideal site for a B&B. Mr. Dahlquist suggested the ordinance ought to be changed rather than granting variances if the 900-foot requirement should be eliminated. Motion to deny passed 5-2, with Mr. Middleton and Mr. Peroceschi voting no. Case No. SUP/04-63 A special use permit for an outside storage area at 1773 Industrial Blvd. In the BP-I, Business Park Industrial District. Joe Peltier, applicant. Mr. Peltier was present. He stated the Heritage Preservation Commission wants the property fenced and that the fence be similar to the adjacent building. He said at most the fence would be in place for two years. He also noted that outdoor storage is an approved use in the BP-I district. Mr. Ranum said he was not in favor of outdoor storage. Mr. Teske noted that UBC and others in the district have outdoor storage, but he agreed that a 6-foot fence is inadequate. Mr. Teske said he would like to see what the fence would look like. Mr. Ranum, seconded by Mr. Teske, moved to deny the special use permit. Mr. Middleton noted that the site is located in an industrial area. Mr. Ranum then withdrew his motion. Mr. Teske, seconded by Mr. Wald, moved to continue the case until the August meeting to give the applicant time to develop a more concrete proposal. Mr. Peltier noted he is requesting a special use permit for an approved use. He stated he would rather have the Commission approve or deny the request. Mr. Teske then withdrew his motion to continue the case. Mr. Ranum reintroduced his motion to deny. Mr. Teske seconded the motion. Motion to deny failed 2-5, with Mr. Ranum and Mr. Teske voting in favor. Mr. Middleton moved to approve as conditioned, adding wording to condition No. 5 that the fence design match that of the fence to the south, with staff to review the proposed fence, and also adding review by staff to condition No. 6 regarding landscaping plan. Motion passed 5-2, with Mr. Ranum and Mr. Teske voting no. 7 City of Stillwater Planning Commission July 12, 2004 Case No. V04-64 This case was continued until the August meeting. Case No. SUP/04-65 A special use permit for a temporary vegetable stand from July 5 to Aug. 4 in the Valley Ridge parking lot in the BP-C, Business Park Commercial District. Lee Salzman, Zephyr Farms, applicant. The applicant was not present. Mr. Teske, seconded by Mr. Ranum, moved to deny the request. Motion passed unanimously. Case No. V/04-66 A variance to the front yard setback (30 feet required, 16 feet requested) and side yard setback (10 feet required, 3 feet requested) for construction of a porch at 610 S. Broadway St. in the RB, Two Family Residential District. Summer Kuehn, applicant. Ms. Kuehn was present. She said the porch is a needed improvement, which will allow more use of the front of the home. Mr. Dahlquist asked if the original home had a porch. Ms. Kuehn stated it did not. Terry Zoller, a neighboring property owner, said he had no objection to the plans. Mr. Ranum pointed out that Ms. Kuehn's property is one of the most forward projecting houses in the area and a porch will further encroach on the setback. Mr. Teske suggested the benefit of a porch overrides the setback concern. Mr. Teske, seconded by Mr. Middleton, moved approval as conditioned. Motion passed unanimously. Mr. Wald, seconded by Mr. Ranum, moved to adjourn at 10:45 p.m. Motion passed unanimously. Respectfully submitted, Sharon Baker Recording Secretary I• 8