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.
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City of Stillwater
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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.
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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
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Planning Commission
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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.
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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.
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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
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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
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