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HomeMy WebLinkAbout2005-06-13 CPC MINCity of Stillwater Planning Commission June 13, 2005 Present: Robert Gag, Chairperson, Mike Dahlquist, David Junker, David Peroceschi, Paul Teske, Jerry Turnquist and Darwin Wald Others: Planner Sue Fitzgerald Absent: Gregg Carlsen and Dave Middleton Mr. Gag called the meeting to order at 7 p.m. Approval of minutes: Mr. Wald, seconded by Mr. Turnquist, moved approval of the minutes of May 9, 2005. Motion passed unanimously. Case No. SUP/05-25 A special use permit for a temporary fireworks sales tent at 1801 Market Drive in the Business Park Commercial District. Randy Herrman, applicant. The applicant was not present. Ms. Fitzgerald told the Commission that the HPC had approved the request with a condition allowing just one sign. Mr. Teske spoke against the request, noting local businesses are required to go through a design review while outside interests are allowed to put up a tent. Mr. Junker pointed out there had been no complaints in the past, and this will be the third year the sale has been conducted at this site. Ms. Fitzgerald pointed out the sale is run by a non-profit group. Mr. Teske questioned how much the vendor gives back to the community and how the vendor is held accountable. Mr. Wald moved to approve the special use permit. Mr. Turnquist seconded the motion; motion passed 4-3, with Mr. Dahlquist, Mr. Gag and Mr. Teske voting no. Case No. SUB/05-26 A resubdivision of Lot 6, Block 7 Carli Schulenberg's Addition into two lots of 7,500 square feet at 203 E. St. Croix Ave. in the RB, Two Family Residential District. John Harvey, applicant. The applicant was present. Mr. Harvey said he was requesting to split the existing lot in half. The new home would meet setbacks and he was not requesting any variances. He said the garage is in question, but he would have no problem removing it if it does not meet setbacks. He said a survey had not been conducted at this time. Andrew Jenks, 1209 N. Second St., spoke of a concern about the potential for construction of a large home on the new small lot. He said he was opposed to the granting of any kind of variance, and he suggested the City consider moving to a minimum lot size of 10,000 square feet in the RB District. Elizabeth Dawson, 1213 N. Second St., asked how the lot would be split. 0 City of Stillwater Planning Commission June 13, 2005 Don Empson, 1206 N. Second St., referred to City Code requirements for the completion of a land survey. He also spoke of a concern about the lack of design standards to protect the character and integrity of older neighborhoods and to ensure that infill housing, such as this, harmonizes with the existing surroundings. He also suggested such subdivisions subvert the reason for the City's annexation of property for new development. He stated the request will not add to the attractiveness of the neighborhood and will have a detrimental effect on the historical character of the neighborhood. Mr. Junker noted this is a subdivision request only, not a review of the plans and specs for the new house. He also noted the request would be subject to completion of a survey. Mr. Dahlquist said he noticed the large lots in the area and said while the applicant could meet size requirements, he was concerned about the possible impact on the character of the neighborhood. He also said he was a little concerned that no design plans had been provided. Mr. Harvey said he was waiting for a decision on the subdivision request before preparing design plans. Mr. Teske said while the submission of design plans isn't required, it does help the Commission visualize the possible impact. Mr. Harvey pointed out that a 7,500 square foot lot wouldn't accommodate more than a bungalow-type house. Mr. Turnquist agreed with the concern about not knowing what might be constructed on the new lot. Ms. Fitzgerald noted the HPC is in the process of developing a review process of all new housing. Ms. Fitzgerald suggested the Planning Commission could add a condition that plans be reviewed and approved by the Community Development Director. Mr. Junker moved approval with the conditions that a survey is completed, that the Community Development Director review plans and specs, and that no variances be granted. Mr. Turnquist seconded the motion. Motion failed 2-5, with Mr. Junker and Mr. Turnquist voting in favor. Case No. V/05-27 A variance to the sign regulations for a temporary banner for the Stillwater Library at 1305 Frontage Road W. in the BP-C, Business Park Commercial District. Bill Hickey, representing Stillwater Public Library, applicant. Mr. Hickey was present. He noted the Library was open for business at its temporary location. Members agreed the requested temporary signage was tasteful. Mr. Teske, seconded by Mr. Wald, moved approval as conditioned. Motion passed unanimously. Case No. SUP/V/95-28 A special use permit for a restaurant with outside seating and variance to the parking regulations at 312 S. Main St. in the CBD, Central Business District. Todd Nelson, applicant. The applicant was not present. Mr. Dahlquist, seconded by Mr. Wald, moved to continue this case. Motion passed unanimously. • 2 City of Stillwater Planning Commission June 13, 2005 Case No. V/05-29. This case was withdrawn. Case No. V/05-20 A variance to the front and street side setbacks (30 feet required, 1 foot requested) for construction of a porch at 1124 N. Third St. in the RB, Two Family Residential District. Jason Mattox, applicant. Mr. Mattox was present. He said the porch will be Victorian in style. The front of the porch will be 2 feet shorter than an existing porch that does not match the house in style. The side porch would extend 3 feet farther than the existing structure. Mr. Turnquist moved approval as conditioned. Mr. Dahlquist seconded the motion; motion passed unanimously. Case No. SUP/V/05-31 A modification to a special use permit and variance to the side yard setback (5 feet required, 2.1 feet requested) for construction of a two-story addition to an existing two-car garage at 801 W. Pine St. in the RB, Two Family Residential District. Rita Graybill, applicant. Mr. Gag recused himself, and Mr. Teske assumed the chairmanship for this case. Ms. Graybill explained she would like to build an addition to the existing carriage house/garage. The addition would be for personal use, she said. Ms. Fitzgerald said the HPC had approved the design and materials as proposed. Mr. Turnquist noted the staff report recommended denial and questioned the reasoning for that recommendation. Ms. Fitzgerald said because there is no apparent hardship. Mr. Peroceschi and Mr. Wald expressed a concern that the addition would create the potential for another room for the B&B use. Mr. Dahlquist noted that the setback/variance is due to the existing carriage house/garage, not the proposed addition, and he noted the proposed addition is within the allowable size for an accessory structure. Mr. Dahlquist moved approval as conditioned, with the additional condition that there be no additional sleeping rooms. Mr. Junker seconded the motion. Motion passed 4-2, with Mr. Peroceschi and Mr. Wald voting no; Mr. Gag had recused himself and did not vote. Case No. SUP/V/05-32 A special use permit for an accessory dwelling and garage with a variance to the accessory dwelling unit size regulations (800 square feet allowed, 1,000 square feet requested) at 821 Third St. S. in the RB, Two Family Residential District. Todd Huntley, applicant. Mr. Huntley explained the request is to construct a carriage style dwelling unit. The structure would be built on the same footprint as the existing garage; the garage will be removed. J City of Stillwater Planning Commission June 13, 2005 Mr. Junker pointed out there was a reason for the Planning Commission's recent change in the allowable size of accessory structures. Mr. Teske said he had more of a problem in exceeding the 800 square feet than with setbacks. Mr. Junker agreed that it was the size, not the setbacks, that was of concern, and he suggested that Mr. Huntley could design an acceptable accessory dwelling unit of 800 square feet. Mr. Junker, seconded by Mr. Peroceschi, moved to deny Case No. SUPN/05-32. Motion passed 6-1, with Mr. Wald voting no. Case No. SUBN/05-33 A subdivision of a 17,250 square foot lot into two lots of 8,625 square feet each, with a variance to the lot size requirement (10,00 square feet required) at 1802 N. Fourth St. in the RA, Single Family Residential District. Elizabeth Crooker, applicant. Ms. Crooker said she had spoken with her neighbors and understood there were previous problems with the lot/owner, and said she hopes those concerns are in the past. She also said she heard neighbors' concern regarding setting a precedent. She noted the proposed new house meets setbacks. She provided plans of the proposed house. She noted that the area has been stubbed for water/sewer and there is an existing curb cut. She said she felt the proposed house would be an asset to the area. Jennifer Shaller, 1819 N. Fourth St., said while she feels Ms. Crooker would be a good neighbor, she still has concerns with setting a precedent for future variance/subdivision requests. Mr. Junker noted that whether this case is approved or denied, it would not be setting a precedent requests are considered on a case-by-case basis. Commission members complimented Ms. Crooker on the building plans. Mr. Teske said while the plans were nice, he did not think there was enough space to accommodate another house. Mr. Dahlquist said there are generally large lots in the area. Mr. Dahlquist also questioned the hardship involved in granting the variance and suggested there is no compelling reason to grant the variance. Mr. Turnquist noted there is a large house on the adjacent lot and suggested Ms. Crooker's house might modify the impact of the other house. Mr. Teske said an additional structure would be one more negative aspect and would not counterbalance the other house. Mr. Teske moved to deny Case SUBN/05-33. Mr. Dahlquist seconded the motion. Motion for denial passed 4-2, with Mr. Turnquist and Mr. Wald voting no and Mr. Junker abstaining. Mr. Turnquist, seconded by Mr. Wald, moved to adjourn at 8:20 p.m. Respectfully submitted, Sharon Baker, Recording Secretary • 4