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HomeMy WebLinkAbout2005-05-09 CPC MINCity of Stillwater . Planning Commission May 9, 2005 Present: Robert Gag, Chairperson, Gregg Carlsen, Mike Dahlquist, David Junker, Dave Middleton, David Peroceschi, Paul Teske and Jerry Tumquist Others: Community Development Director Steve Russell Absent: Darwin Wald Mr. Gag called the meeting to order at 7 p.m. Approval of minutes: The minutes of April 11, 2005, were approved as submitted. Case No. V/05-11 A variance to construct a single-family residence on an existing substandard lot and variance to slope setback requirements at 2015 Lake St. in the RB, Two Family Residential District, Flood Plain and Bluffland/Shoreland District. Dan Thurmes, representing Tony Kerschbaum, applicant. Mr. Kerschbaum was present. He noted that the Planning Commission had approved his plans/request in February. However, the City Council referred the matter back to the Planning Commission due to some changes he had made that the Council didn't have adequate time to 40 review. He stated he has made an effort to address the concerns raised by Molly Shodeen of the Department of Natural Resources and has changed his plans reducing the size of the house and moving the house farther down on the lot. The changes, he said, minimizes the slope impact, minimizes the need for retaining walls, eliminates the need for a street setback variance and better accommodates the house to the contour of the lot. He noted the lot is stubbed for city sewer and water, is a lot of record, and there had been a house on the lot at one time. He also informed the Commission that he has sold the lot, contingent on approval of the variance. Mr. Russell noted that there is an expectation the house will be sited in the building envelop as shown in the submitted plans, as well as the building height, which might be good to clarify in conditions of approval. Mr. Junker asked if the information regarding the 714' height at street level and highest point of the house roof at 730' was for information or a condition. Mr. Russell said that was for information, but could be a condition of approval. Mr. Gag opened the meeting to public comments. Molly Shodeen, DNR, expressed her concern that there be some method of preserving the existing screening vegetation with the change in ownership. She also suggested the City may want to require additional plantings as some of the existing trees may have reached their life expectancy. She also asked who would monitor the erosion control plan. Mr. Russell responded that the City and Brown's Creek Watershed District are responsible for monitoring the erosion control plan. There were no other public comments. 1 City of Stillwater Planning Commis sion May 9, 2005 Mr. Carlsen asked if any neighbors had expressed concerns and whether a house on the site would hinder any views. Mr. Kerschbaum said neighbors are aware and have not expressed any concerns about his plans, and he said no views of existing houses on Maple Street would be impacted. Mr. Junker noted that had been a house on the property and the revised plans address several concerns. He said he would have no problem with approving the variance if some of the conditions were strengthened. Mr. Middleton suggested adding the condition regarding the roof height, not to exceed 730'. There was some discussion as to how to address Ms. Shodeen's concern regarding preserving screening vegetation. Mr. Dahlquist suggested adding language "a landscape plan that considers the mortality of existing trees shall be required" to condition of approval No. 7. Mr. Teske moved approval with the modified language of condition of approval No. 7 and adding condition of approval No. 8 that the roof height not exceed 730'. Mr. Junker seconded the motion. Motion passed 8-0. Case No. V/05-15 A variance to side yard setback (5 feet required, 2.5 feet requested) and to the rear yard setback (25 feet required, 2.2 feet requested) for construction of a garage and addition is at 1018 S. Second St. in the RB, Two Family Residential District. Dennis Gruber, applicant. The applicant was present. He explained the request is to add a third stall to the existing garage and attach the structure to the house, which would provide about 100 square feet for a laundry room. Mr. Peroceschi asked about a fire plan. Mr. Gruber stated he would do whatever the building inspector required. There were no comments from the public. Mr. Carlsen expressed a concern about the appearance of the house, specifically the length of the house, with an attached garage of the requested size. Mr. Teske agreed with that concern, as did Mr. Dahlquist who noted that is why there are different setback requirements for detached versus attached garages. Mr. Peroceschi suggested there was no reason to deny the request for a third garage stall. Mr. Junker agreed the request changes the style of the house and lot pretty dramatically. Mr. Teske, seconded by Mr. Dahlquist, moved to deny Case No. V/05-15. Motion to deny passed 6-2, with Mr. Turnquist and Mr. Middleton voting no. Case No. SUP/05-16 A special use permit for a coffee and ice cream shop at 145 New England Place in the VC, Village Commercial District. Salvatore and Mary Rosa, applicants. ?J 2 The applicants were present, along with the owner of the building. Mary Rosa explained that the original Planned Unit Development showed the use as office, retail. However, a previous prospective tenant planned on using the space for a professional office and a permit was issued for professional use. That person is no longer interested in the space, and they are requesting the changed use for a coffee and ice cream shop. She said the concept is in keeping with the neighborhood, and they have had great support from neighbors. Mr. Middleton asked about the affect on parking, with a possible restaurant nearby. Mr. Russell pointed out that there is shared parking throughout the Liberty commercial area. Mr. Gag invited public comment. Bob Kohl, 3655 Eban Green, spoke in support of the applicants and the concept. Mr. Turnquist stated he thought this was a good request that fits into the area and moved approval. Mr. Teske seconded the motion. Mr. Junker expressed a possible concern about another coffee shop in close proximity. Mary Rosa pointed out the other space is now being proposed for use as a spa rather than a coffee shop. Motion to approve passed unanimously. Case No. SUBN/05-17 A resubdivision of Lots 10 and 12, Block 1, Greeley and Slaughter's Addition into two lots, Lot 10 6,462.5 square feet and Lot 12 6,447.5 square feet, and variance to the lot size (7,500 square feet required) in the RB, Two Family Residential District. Jon and Danette Mulack, applicants. The applicants were present. Mr. Mulack explained they would like to obtain a second lot so in the future they could build a house on the lot. The house would be small in scale, he said, and fit others in the area. He suggested the proposal would increase the value of the neighborhood and is in harmony with the rest of the neighborhood. Mr. Gag opened the hearing to public comment. Garry Gilberg, 225 N. Greeley St., said there are two houses on the block that are situated on reduced sized lots, the remainder of the houses in the next two blocks are situated on oversized lots with mature trees. He questioned the hardship involved in the request and stated he was strongly opposed to adding two lots more than 10 percent below the minimum lot size in a mature neighborhood consisting of large lots. Mr. Gilberg also spoke on behalf of the resident at 211 N. Greeley, who had surgery earlier that day, who expressed her concern about a possible impact on drainage and the proximity of a future house to her home. Sara Gilberg, 225 N. Greeley St., expressed her concern that the best part of old Stillwater is being lost to duplexes and new development squeezed onto substandard lots. She spoke of the future costs of overcrowding. Mr. Junker noted that the proposal results in two lots that are 1,000 square feet less than the minimum lot size. Mr. Middleton suggested the proposal doesn't fit the theme of the neighborhood. Mr. Dahlquist said there are some neighborhoods where 50' lots are in keeping with the neighborhood; however, that is not the case in this area. May 9, 2005 Mr. Dahlquist moved to deny Case No. SUB/V/05-17. Mr. Turnquist seconded the motion; motion passed unanimously. Case No. V/05-18 A variance to the front yard setback (30 feet required, 12 feet requested) for construction of a porch at 1224 Third Ave. S. in the RB, Two Family Residential District. Jamie Soudt, applicant. The applicant was present. He said they are trying to recreate what the original house looked like and construct a porch similar to one that was in place in the 1950s. A new paver sidewalk also will be installed, he said. The porch will not extend past the front of the house. There were no comments from the public. Mr. Junker, seconded by Mr. Peroceschi, moved approval as conditioned. Motion passed unanimously. Case No. V/05-19 A variance to the lot size regulations (7,500 square feet required) for construction of a one-car garage on a 5,250 square foot lot at 509 W. Laurel in the RB, Two Family Residential District. Sheila Martin, applicant. Ms. Martin explained that she has owned the house for a year and is planning on doing a restoration. She said she wants to be historically accurate in building the garage and plans on doing research to determine the proper style of siding, color, windows, etc. An existing concrete slab on the property will be removed. The garage, as proposed, meets all setback requirements. Mr. Dahlquist asked if there was an existing shed on the property. Ms. Martin said an existing steel shed will be removed. Mr. Middleton suggested the hardship in this instance is that there is currently no garage for the residence. Mr. Teske, seconded by Mr. Carlsen, moved approval as conditioned. Motion passed unanimously. Case No. V/05-20 A variance to the parking regulations for a restaurant located at 1501 Stillwater Blvd. in the BP-C, Business Park Commercial District. Juha Thao, applicant. Ms. Thao said she plans to open a Tai restaurant. The restaurant will be primarily take-out business, with some seating, six to eight tables, for dine-in customers. The restaurant will be located in the former Papa John's location and will be open from 11 a.m. to 10 or 11 p.m. Mr. Turnquist said he did not think parking at the location was out of control, and Mr. Junker said he did not think the use was drastically different from the former use. Mr. Dahlquist did express a concern about parking, and Mr. Middleton said when he had driven by the area earlier City of Stillwater Planning Commission 4 City o Stillwater Planning Commission May 9, 2005 in the evening, the parking lot was full. Mr. Teske said he would rather see some parking conges ion versus no business in the area. Mr. Dahlquist reiterated his concern regarding Mr. Teske, seconded by Mr. Peroceschi, moved approval of the variance. Motion passed 7-1, with r. Dahlquist voting no. Case No. V/05-21 A variance to the front yard setback (30 feet required, 27' 6" requested) for the extension of a front porch at 2401 Creekside Court in the RA, Single Family Residential District. Lance Thomas, applicant. Mr. Thomas explained that he wanted to extend the existing porch to make it more usable and attractive. He said the extended porch would still be under the roofline and inside of the gutter. No one from the public wished to comment. Mr. Middleton, seconded by Mr. Tumquist, moved approval as conditioned. Motion passed unanimously. Case No. V/05-22 A variance to the lot size regulations (7,500 square feet required, 6,600 square feet requested) for construction of a residence at 1217 Fourth Ave. S. in the RB, Two Family Residential District. Kevin Grube, applicant. Mr. Grube showed photos of surrounding homes and his plans for a single-family home of 19th century neo-traditional design. He pointed out the surrounding lots are 50' wide and 132' deep and suggested his proposal fits in nicely with the neighborhood, both in size and architecture. Mr. Gag invited public comments. Robert McIntyre, 1214 Third Ave. S., owner of the property behind the proposed structure, asked about the highest point of the attached garage and the rear elevation of the house. Mr. Grube addressed those questions; the highest point of the residence is 32' 8" and the garage about 25'. Mr. McIntyre said he had no other concerns. Mr. Dahlquist pointed out that the proposed house/detached garage meets all setback requirements and also spoke to the character of the neighborhood. Mr. Russell noted that the request is not creating a separate lot, this is a lot of record. The variance request provides the Commission with the opportunity to review design of the proposed structure, and he said this design fits the character of the neighborhood. Mr. Middleton, seconded by Mr. Dahlquist, moved to recommend Council approval of the variance request. 10 5 City of Stillwater Planning Commission May 9, 2005 Mr. Teske expressed a concern that there is no condition that a future structure must be a single- family dwelling and no condition regarding placement of the home on site. Mr. Turnquist said he had a concern that something other than shown by Mr. Grube might eventually be built. Mr. Middleton amended his motion to stipulate that approval is based on the design plans and building footprint as presented by Mr. Grube, that any design changes must be reviewed by the Community Development Director and that the building footprint/envelop not exceed what was presented by the applicant on May 9, 2005. Mr. Dahlquist accepted the amendment. Mr. Peroceschi said this proposal adds to an already overcrowded neighborhood. Mr. Junker also expressed a concern about overcrowding and the issue of this being a lot of record. Motion to approve as conditioned passed 5-3, with Mr. Junker, Mr. Peroceschi and Mr. Turnquist voting no. Case No. V/05-23. This item was removed from the agenda, as a variance was not required. Other items: Building design approval for Cove/Settlers Glen traditional lots - Mr. Russell explained that the Planning Commission approved design guidelines for Settlers Glen. This request deals with 11 lots in the Settlers Glen "cove" development that did not receive design approval as part of the original PUD. The developer of Settlers Glen is now planning to sell off the 11-lot parcel to another developer. Present were Mark Peterson of Lennar/Lundgren/US Homes, and Kim Tram, Tram Builders, the potential purchaser. I• Mr. Peterson said the Settlers Glen developers decided to sell this parcel as the lots did not have convenient access to the community amenities. The parcel is separated from the remainder of Settlers Glen by a large wetland area and Brown's Creek. There is one access point, off Morgan Avenue, past about 10 existing homes. Mr. Peterson said they were under the impression that this parcel was not subject to design guideline restrictions. While the plan submitted and applied for provides for City staff design review, Mr. Tram said he is looking for market oriented/market driven planning. He noted the price point for these 11 lots will be higher than the remainder of Settlers Glen in the $500,000- $700,000 range and will be custom designed homes. The discussion centered on the PUD requirement regarding placement of garages - that 70 percent of garages be placed 6' behind the fascia of the house. Mr. Tram noted that the narrow building pads (nine 60', one 55' and one 50') and the sloping grades of the property make garages oriented to the rear of the lots a challenge, if not impossible. He said by virtue of the secluded nature of the area and the higher price range, they are looking at more traditional housing products. He also suggested that artificial guidelines will result in the tail wagging the 6 City of Stillwater Planning Commission May 9, 2005 dog - the garage placement determining the design of the homes. He noted that there are design elements, such as dormers and window treatments that can mollify the appearance of garages. Mr. Teske spoke against "in-your-face" forward placed garages and also noted that price doesn't necessarily result in the best product. Mr. Peroceschi also suggested that garages projecting out front of the houses amounts to the "tail wagging the dog." Mr. Gag asked Mr. Russell if he would be comfortable reviewing design documents on an individual basis. Regarding garage setbacks, Mr. Russell said he would not. According to the PUD guidelines, seven of the 11 lots would have to have garages 6' behind the house. Mr. Junker asked Mr. Tram what he was looking for. Mr. Tram suggested a mixture - three garages setback, four "unfettered" and four side loaded. There was discussion of the limit garages might project from a home. Mr. Tram suggested 10 or 12' feet. There was a brief discussion regarding building materials. Mr. Teske asked if there was any condition in the design guidelines requiring that building materials be the same on all four elevations. Mr. Tram responded in the affirmative. Mr. Middleton moved to approve the design guidelines, with the changes regarding garage placement - allowing three forward placed garages not to exceed 12' from the fascia of the house, four to abide by the 6' setback from the rear of the house, and up to four side-loaded garages. Mr. Tram said setting a 12' maximum doesn't solve potential design problems, noting that a homeowner might want a front porch. Mr. Middleton said he stayed with his motion. Mr. Peroceschi seconded the motion. Mr. Junker noted there had been a lot of give and take on the part of the Planning Commission. Motion passed unanimously. Agricultural Preservation transition area study - Mr. Russell noted that a study of the Agricultural Preservation designation is in the Commission's 2005 work plan and suggested the Commission start thinking on how to proceed with the study. In addition to the likelihood of more requests to subdivide properties designated AP such as occurred recently on Mid Oaks and 62"d Street North, the City needs to bring zoning in compliance with the Comprehensive Plan, he said. He noted that the Comprehensive Plan suggests there not be large (more than 20,000 square feet), unsewered lots in the City. Mr. Russell also pointed out this will be a tough issue, with concerns about any changes the Commission might propose. Mr. Junker agreed that the AP area needs to be looked at as a whole, rather than taking action individually. Mr. Dahlquist suggested that part of the issue is sewer service and asked if there is any rule that property owners must hook-up to available service within a certain timeframe. Mr. Russell said according to the Orderly Annexation Agreement, the City cannot require homeowners to hookup. City of Stillwater Planning Commission May 9, 2005 Mr. Peroceschi asked about the Boutwell area. Mr. Russell agreed that the City will likely be faced with two and one-half acre lots in the City at some time in the future. Mr. Russell suggested that members start thinking about the issue and review the Comprehensive Plan land use policy. Terra Springs - Mr. Junker informed members that Terra Springs developers recently were the recipients of a prestigious Twin Cities award. Mr. Turnquist, seconded by Mr. Junker, moved to adjourn at 9:45 p.m.; motion passed unanimously. Respectfully submitted, Sharon Baker Recording Secretary • • 8