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HomeMy WebLinkAbout2004-12-13 CPC MINCity of Stillwater Planning Commission December 13, 2004 Present: Robert Gag, chair, Mike Dahlquist, David Junker, David Peroceschi, Paul Teske and Jerry Turnquist Others: Community Development Director Steve Russell Absent: Dave Middleton, Karl Ranum, and Darwin Wald Mr. Gag called the meeting to order at 7 p.m. Approval of minutes: Mr. Teske moved to approve the minutes of Nov. 8, 2004. Mr. Turnquist seconded the motion; motion passed unanimously Case No. ZAT/04-01 A Zoning Text Amendment changing the regulation of non- conformities (land use and buildings) allowing continuance of such non-conformities in certain situations consistent with Minnesota statutes. City of Stillwater, applicant. Mr. Russell explained the proposed language brings the city of Stillwater's code into compliance with state statute. Mr. Junker noted that in the discussion at the November meeting, members were in consensus that an owner be given up to one year to apply for a building permit should a building be destroyed by fire or other disaster. • Mr. Turnquist moved to recommend the Zoning Text Amendment be approved by the City Council, changing the timeframe to one year. Mr. Teske seconded the motion; motion passed unanimously. Case No. SUBN/04-90 A subdivision of a 17,250 square foot lot into two lots each with a variance to the lot size requirement at 1802 N. Fourth St. in the RA, Single Family Residential District. Scott Junker, applicant. Th applicant requested that this case be continued. Speaking in opposition to the requested subdivision were Terry Scully, 1901 N. Fourth St., and Jim Middleton, 1907 N. Fourth St. Mr. Scully stated the site has been in various stages of disrepair for the past 18 months. Mr. Scully stated the requested variance is inconsistent with the lot sizes of adjourning property owners. Mr. Middleton agreed that the request sets a bad precedent. Another letter of opposition, from Dale and Jenni Shaller, 1819 N. Fourth St., was included in the agenda packet. Mr. Teske, seconded by Mr. Dahlquist, moved to continue Case No. SUBN/04-90. Motion passed unanimously. Mr. Russell stated the City will ask the applicant to grant a waiver to the 60-day timeframe for acting on such requests, as the applicant had • requested the continuation. 1 City of Stillwater Planning Commission December 13, 2004 Case No. V/04-91 A variance to the front yard setback (30 feet required, 26.5 feet requested) for the extension of an existing garage at 2921 Marine Circle in the RA, Single Family Residential District. Thomas and Barbara Tomaro, applicants. Thomas Tomaro was present. He explained they are adding a third stall to the garage and would like to include a laundry room. Included in the packet were photos of other houses in the Croixwood area that had received variances for entryways. Also included in the packet was a petition from neighboring property owners, all of who supported the plans. Mr. Junker suggested the request wouldn't have a negative impact. Mr. Tumquist moved approval as conditioned. Mr. Junker seconded the motion; motion passed unanimously. Case No. V/04-92 A variance to the accessory uses for a 12 x 24' temporary shelter, Oct. 1-May 1, with 0 foot setback, 20 feet required at 105 S. Harriet St. (corner of Harriet and Myrtle) in the RB, Two Family Residential District. Dale and Catherine Preston, applicants. Ms. Preston was present. She explained they want to keep the snow off their boat. The shelter would be in place for the winter months only, she said. Mr. Junker asked if the structure interfered with sight lines; Ms. Preston said no sight lines are impacted. • Larry Carlson, 320 Myrtle St., said the requested shelter does not fit the character of the neighborhood. Most people store their boats out of sight at a marina, he said. He asked the Commission to deny the request and have the structure removed. Mr. Junker agreed the structure does appear out of character with the neighborhood. Ms. Preston said their alternative is to cover the boat with a tarp. Mr. Teske pointed out the structure will be visible to anyone coming into town down Myrtle Street. Mr. Junker asked Mr. Russell whether the boat can be stored at that location. Mr. Russell responded in the affirmative, as the boat is not an accessory structure. Mr. Dahlquist, seconded by Mr. Teske, moved to deny Case No. V/04-92. Motion to deny passed 4-2, with Mr. Peroceschi and Mr. Turnquist voting against denial. Case No. V/04-93 A variance to the front yard setback (30 feet required, 0 feet requested) and side yard setback (5 feet required, 3 feet requested) for construction of a carport and to the accessory building size regulations (120 square feet allowed, 396 feet requested) for construction of a covered deck at 308 E. Poplar St in the RA, Single Family Residential District. John Buettner, applicant. Mr. Buettner was present. He explained that when he purchased the property, there was water in the basement. The house had an uncovered deck. He put a roof on the deck and • 2 City of Stillwater Planning Commission December 13, 2004 braced it. He also redid the roof, added eaves and added a carport. He said he is asking that he be allowed to keep the roof on the deck and move the carport inside the property line. A number of photos and drawings were included with Mr. Buettner's application. Mr. Junker asked if he had obtained building permits for the deck or carport. Mr. Buettner replied he had not. • 0 Paddy Danaher, 1723 N. Second St., said she hopes there is a registered survey, as it appears some of the structure might be on her property. She also spoke of a concern regarding erosion when building occurs in the ravines. She also spoke of a concern that the deck will become more of the house - a three-story structure. Mr. Teske asked if there was a survey. Mr. Buettner said he had looked for survey benchmarks and could find none. Mr. Junker moved approval with the carport set back off city right-of-way to a point to be determined by the building inspector. Mr. Turnquist seconded the motion. Mr. Russell expressed a concern about property lines. Mr. Turnquist moved to continue the case until a survey is completed; Mr. Dahlquist seconded the motion. Mr. Junker withdrew his motion of approval; Mr. Turnquist withdrew his second. Motion to continue passed unanimously. The applicant agreed to grant a waiver to the 60-day action timeframe. Case No. V/04-94 A variance to the front and steep slope setback (front - 30 feet required, 25 feet proposed; steep slope - 25 feet required, 0 feet proposed) and variance to the developable lot size requirement (10,000 square feet required, about 5,000 feet existing) to construct a two-story residence on Lot 39, Block 7, Carli and Schulenberg Addition (between 1221 and 1306 N. Broadway St.) in the RA, Single Family Residential District. Jeanne Haapala and Nancy Walsh, applicants. The applicants were present, along with their architect Steve West of Lansted Homes. Ms. Haapala explained their request is to build a two-story bungalow designed to fit the character of the neighborhood. Because of the slope of the property, the variance is needed for the developable lot size. Two small retaining walls would be constructed to the rear of the house, and impact to trees on the site would be minimal, she said. Ron Christopherson, neighbor to the west, noted the property drops off "to nothing," so the house will be right on the road. He also noted the property had been filled in the past. And he stated a developer owns property to the south and will likely be asking for the same thing if this proposal is approved. 3 City of Stillwater Planning Commission December 13, 2004 Mr. Junker, Mr. Peroceschi and Mr. Dahlquist all spoke of a concern about the slope of the property. Mr. Dahlquist noted that the City has an ordinance protecting steep slopes for a purpose. Mr. Russell pointed out that the lot in question is a lot of record. Mr. Gag suggested this is a classic example of the definition of "hardship," and he said he thought the plans were well thought out. Mr. Teske said there is more to a lot than the buildable area - open space, for example. Mr. Teske also pointed out this is a lot of record; a drainage plan will be required addressing a major concern in that area. Mr. Turnquist agreed that the applicants/architect did a good job with plans to fit the site. Mr. Turnquist moved approval as conditioned. Mr. Teske seconded the motion. Motion failed on a 3-3 vote, with Mr. Turnquist, Mr. Teske and Mr. Gag voting in favor and Mr. Junker, Mr. Peroceschi and Mr. Dahlquist voting against. Case No. V/04-95 A variance to the accessory use square footage requirements (1,000 square feet allowed, 1,900 square feet requested) for construction of a new residence with a two level garage at 3180 Ilo Way in the Lakeshore Residential District. Mark Lindeberg, applicant. • Present were Mr. Lindeberg and his builder, Randy Cernohous of McDonald Construction. Mr. Lindeberg explained he is combining two lakeshore lots into one lot of record. As perceived from the street, the garage will appear to be less than 1,000 square feet, he said. Most of the discussion centered on the request to have a garage door at the rear of the structure. Mr. Lindeberg said the space would be used for storage, but at some point he might want to partition the space into a therapy room or theater room. The garage door, he said, will look like two carriage doors. Mr. Gag asked if there were plans for any other accessory structures. Mr. Lindeberg stated there were none. Joe Fogarty, 3160 Ilo Way, said he had no objections to the plans. However, he said he would like conditions added that there be no other accessory structures and no future subdivision of the property. Mr. Lindeberg said he had talked with other neighbors and no one objected to the plans. Most of the discussion centered on the reason for installing the garage door at the rear. Mr. Teske noted that Mr. Lindeberg's future plans would not require a garage door. Mr. Junker stated he liked the design and pointed out it would be difficult to reach the space by a second driveway. Mr. Junker stated he liked Mr. Fogarty's suggestion regarding the condition of no other accessory buildings. • 4 City of Stillwater Planning Commission December 13, 2004 Mr. Junker moved approval with the condition that no other accessory structures be allowed. Mr. Turnquist seconded the motion. Motion passed 4-2, with Mr. Peroceschi and Mr. Teske voting against. Case No. V/04-96 A variance to the rear yard setback (25 feet required, 14 feet requested) for construction of a two-car garage with breezeway at 1420 N. Fourth St. in the RB, Two Family Residential District. Cates Construction, applicant. Present were Jennifer Peterson and Jay Cates. Ms. Peterson explained their plans for renovating the house and building an attached garage/breezeway. A new foundation would be constructed under the breezeway. A portion of the existing house will be removed. She said the garage can be moved up to meet the setback from North Fourth. Mr. Junker said the garage would be a nice improvement, and said he would like to see the garage pulled up to be in the same line as the house. Mr. Peroceschi agreed that a garage adds to the property. Mr. Peroceschi moved approval as conditioned. Mr. Turnquist seconded the motion; motion passed unanimously. Case No. V/04-98 A variance to the rear yard setback (25 feet required, 22 feet requested) for construction of a four-season porch at 2214 Fairmeadows Road in the RA, Single Family Residential District. Dan Register, applicant. Present were the homeowner Craig Floen and contractor Dan Register. Mr. Register explained the variance is needed in order to match the existing design of the home. A hallway is necessary to access the space. Included in the packet were letters in support of the proposal from neighbors Bill Jordan, 2212 Fairmeadows Road, and Ron Deppa, 307 Laurie Court. Mr. Deppa also was present at the meeting and spoke in support of the plans, saying the addition would add to the value of the property. Mr. Turnquist moved approval as conditioned. Mr. Dahlquist seconded the motion; motion passed unanimously. Case No. SUP/04-99 A special use permit to locate wireless antennae on an existing communications monopole at 1754 Washington Ave. in the IB, General Heavy Industrial District. Verizon Wireless, Jake Soper, applicant. Mr. Soper was present. He said Verizon is working with T-Mobile, which owns the existing pole. r? 5 City of Stillwater Planning Commission December 13, 2004 Mr. Teske moved approval as conditioned. Mr. Junker seconded the motion; motion passed unanimously. Other items: Included in the packet was a memo from Mr. Russell regarding possible revisions to some of the RB Zoning regulations. Most of the discussion centered on the allowable accessory dwelling unit size - 800 or 1,000 square feet allowable. It was the consensus that 800 square feet is adequate for an accessory dwelling unit. A public hearing on the proposed revisions will be scheduled at a later date. Mr. Teske, seconded by Mr. Junker, moved to adjourn at 9 p.m. Motion passed unanimously. Respectfully submitted, Sharon Baker Recording Secretary I• I• 6