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HomeMy WebLinkAbout2005-07-11 CPC MINCity of Stillwater Planning Commission July 11, 2005 Present: Robert Gag, chairman, Gregg Carlsen, Dave Middleton, David Peroceschi, Paul Teske, Jerry Turnquist and Darwin Wald Others: Community Development Director Steve Russell Absent: David Junker and Mike Dahlquist Mr. Gag called the meeting to order at 7 p.m. Approval of minutes: Mr. Wald, seconded by Mr. Teske, moved approval of the minutes of the special meeting of May 30, 2005; motion passed unanimously. Mr. Middleton, seconded by Mr. Turnquist, moved approval of the minutes of the regular meeting of June 13, 2005; motion passed unanimously. Case No. SUPN/05-28 A special use permit for a restaurant with outside seating and variance to the parking regulations (8 spaces required, 0 spaces proposed) at 312 S. Main St. in the CBD, Central Business District. Todd Nelson, applicant. The applicant was present. Mr. Nelson explained plans call for seating for 40 patrons inside the restaurant and seating for an additional 40 people outside on a 600-square-foot patio. The patio will be enclosed by wrought iron fencing. String lights will provide lighting. Hours are proposed to be from 10 a.m. until 10 p.m. Mr. Middleton asked about outdoor music; Mr. Nelson said they plan to have outdoor music played at "dining volume" and there will be no dancing. Mr. Teske asked what had been done with other proposals regarding outside sound. Mr. Russell said the permit for Grumpy Steve's, as an example, requires outside sound to be shut off at 10 p.m., with the use reviewed upon complaint. Mr. Middleton moved approval as conditioned, with the additional conditions that the hours of the patio not exceed 10 p.m., that music be shut off at 10 p.m., with the use reviewed upon complaint. Mr. Wald seconded the motion; motion passed unanimously. Case No. SUP/05-35 A special use permit for a popcorn wagon at 401 S. Main St. in the CBD, Central Business District. Carrie and Joe Auge, applicants. Mr. Auge was present. He said he is purchasing the existing popcorn wagon. He said he plans to keep everything the same, at the same location, and be open Friday through Sunday. Mr. Teske asked if there had been any complaints regarding the current operation; Mr. Russell said there have been no complaints. Mr. Middleton moved approval as conditioned. Mr. Turnquist seconded the motion; motion passed unanimously. 0 City of Stillwater Planning Commission July 11, 2005 Case No. V/05-36 A variance to the height regulations (20 feet allowed, 25' 8" requested) for construction of a 988-square-foot garage, with storage above, at 301 E. Willow St in the RA, Single Family Residential District. John and Katherine Schoenecker, applicants. Mr. Schoenecker was present. He said he had received approval for construction of the garage and understood the height restrictions. He said he was asking for a height variance in order to have the new structure match the roofline of the house. Mr. Carlsen asked about a retaining wall; Mr. Schoenecker said that is necessary due to the grade change of the driveway. Mr. Gag suggested the way the garage fits the land topography, and the height variance should not create a problem. Mr. Turnquist moved approval as conditioned. Mr. Carlsen seconded the motion; motion passed unanimously. Case No. SUP/V/05-37 A special use permit and variance to street side setback for construction of a one-level accessory dwelling unit at 621 W. Churchill St. in the RB, Two Family Residential District. Harold R. and Heidi Sommers, applicants. Heidi Sommers was present. She said they plan is to tear down the existing garage, which infringes on a neighbor's property and city right-of-way, and build a new garage with an attached S art studio and bathroom facility. A revised drawing was submitted. Ms. Sommers noted the HPC had approved the design. Mr. Peroceschi moved approval, with the additional condition that the existing garage must be removed. Mr. Teske seconded the motion; motion passed unanimously. Case No. SUP/05-38 A special use permit for a two-bedroom Bed and Breakfast with special events at 125 S. Owens St. in the RB, Two Family Residential District. Heidi Rosebud, applicant. Ms. Rosebud and attorney Baiers Herren were present. Ms. Rosebud noted the request is for a one bedroom B&B. She said off-street parking is available for guests. She plans to do some landscaping and redo the siding with some material other than the existing vinyl siding. Low wattage lighting will be installed along the walkway. Kurt Weidler, 206 S. Greeley St., asked about restrictions of hours for special events, noting that most businesses in the area close at 10 p.m. He expressed a concern about parking, noting that Ramsey Street is quite narrow. He asked whether a live-in caretaker would be required. He also asked Ms. Rosebud about future plans, possibly attaching the existing home to Ms. Rosebud's other adjacent properties. He also asked whether the use would revert to single-family if the B&B use is discontinued in the future. City of Stillwater Planning Commission July 11, 2005 Suzanne Patterson, 1018 Olive St., also expressed a concern about parking, saying even a one- bedroom B&B will add to the existing problem. She also expressed a concern about special events and large wedding parties creating a big parking problem. She also said the proposed use adds to the commercialization of the neighborhood, a direction she did not want to see. Ms. Rosebud addressed neighbors' questions. She noted that there is a requirement to provide off-street parking for guests; three stalls are available for guest parking. Also, she noted for special events, she does have access to the Stillwater Fitness parking lot. She also pointed out that there is a limit - 40 - on the number of guests for special events. A live-in caretaker also is part of the B&B requirements. As far as future plans, she said she only has plans to use the structure for a B&B or single-family use. She also said she envisions special events of about 20 guests maximum. Mr. Middleton also noted that the B&B ordinance limits the hours of special events and does not allow an open bar. Mr. Wald moved approval as conditioned. Mr. Turnquist seconded the motion. Mr. Teske agreed with the concern about the amount of commercialization in the neighborhood and noted there is a lot of on-street parking in that neighborhood already. He also suggested that special events with 40 guests could be a problem due to the size of the yard. Mr. Gag suggested that B&Bs do is enhance the City and most are sensitive to the neighborhood. Motion to approve as conditioned passed unanimously. Case No. V/05-39 A variance to the Supplementary Regulations, Farm Animals, to allow ducks in a movable pen in the backyard of a single-family residence at 2300 Walnut Creek Drive in the RA, Single Family Residential District. Susanne M. Wissink, applicant. Ms. Wissink and her sons, Peter and Kevin, were in attendance. She said the request is to keep four ducks in a movable pen in the backyard. She said the ducks are a special domesticated breed. She said the intent is to raise the ducks as functional pets - these ducks are bred as egg layers. She said she applied for the variance to fully comply with the City's ordinances. Lori Swanson, 2320 Walnut Creek Drive, asked if the applicant plans to sell eggs. She also questioned how the waste would be contained and whether the ducks would be relocated in the winter. She said she felt the use will decrease the value of the property. Ms. Wissink said she did not plan to have more than four ducks and said the eggs would be for family consumption only and would not be sold. If winter conditions are extreme, she said she could relocate the ducks to her brother's farm or move them into the back of the garage. She said the waste is used for her gardens. Also she said she didn't know how the use would decrease the value of the property - it has increased interaction with neighbors, she said. • 3 City of Stillwater Planning Commission Turnquist said he thought farm animals should be kept on a farm, not in a residential area. Mr. Peroceschi noted that old Stillwater used to be a farming community and said he thought the ordinance should be changed. Mr. Teske said he did not think that four well-tended ducks would create a huge negative impact on the neighborhood and noted that a condition of approval is review upon complaint. Mr. Teske moved approval as conditioned. Mr. Wald seconded the motion; motion passed unanimously. July Mr. 11, 2005 Case No. V/05-40 A variance to the front yard setback (20 feet required, 2 feet requested) for construction of a room addition at 2894 Brewers Lane in the TH, Townhouse Residential District. Dan Waldhauser, applicant. Mr. Waldhauser and the property owner, Rob Engstrom, were present. Mr. Waldhauser explained that the variance is required due to the turn-around. The addition would be 11' deep and 15' wide, similar to neighbors across the street. Mr. Turnquist noted that if it were not for the turn-around, there would be not problem meeting setbacks. Mr. Carlsen asked if plans had been submitted to the Townhouse Association; Mr. Waldhauser said plans had been submitted and approved by the Association. Mr. Turnquist moved approval as conditioned. Mr. Carlsen seconded the motion; motion passed unanimously. Other Items: Consideration of proposed school use fora 15-acre site at the corner of CR15 and TH96 in Phase III City Expansion Area, St. Croix Preparatory Academy, applicant. Mr. Russell explained that the site in question was part of the Palmer property, which was split off and sold separately. According to the Comprehensive Plan, the parcel is designated large-lot, single-family. Schools are an allowed special use in the single-family district. He said the City had just received comments from Washington County regarding the proposed use. The County does not want direct access to CR15, he said, and would limit access through the Millbrook development. Mr. Russell. noted that Millbrook plans do extend a road to the site. Brown's Creek is on the eastern border of the site; a park is proposed for school use. Mr. Russell said the question before the Commission at this time is whether the use makes sense for this site. Brian Sweeney, member of the St. Croix Preparatory Academy board of directors, briefly explained the school. The academy is a public charter school. Currently, the school serves students in K-7. The intent is to become a K-12 school, adding a grade and one classroom a year. It was hoped the Trinity location would serve the Academy's needs for three years, he said. However, the school has a large waiting list and the board felt it was incumbent to look at building a new facility. The Academy Board has a letter of agreement with Art Palmer and an architect has been selected. 4 City of Stillwater Planning Commission July 11, 2005 Jay Liberacki, representing Orrin Thompson developers of the Millbrook property, spoke in favor of the use/concept. He noted that a road has been planned to provide access to the site, but noted there were certain issues, such as possibly oversizing the access road and other utility issues, that would need to be worked out. Overall, he said he thought the school use would compliment the nearby public park and is compatible with the Millbrook development. Ruth Bruns, 8790 Neal Ave., expressed a concern about traffic, especially on Neal Avenu,e and also asked about the number of students who might be driving to school. Fred Bruns, 8790 Neal Ave., asked about setbacks from Brown's Creek. Mr. Russell noted that at this point, there are not specifics. He said that the Brown's Creek Watershed District would be doing a detailed review of the proposal. Ed Otis, 12070 87th St. Circle, spoke of the congestion on Manning Avenue; environmental impacts such as lighting of the school parking lot; the fact there will be only one access of Highway 96; the loss of a park-and-ride location for public transportation. He also questioned why the structure is planned as a two-story building and asked about the total number of students who will ultimately attend the school. He suggested that an environmental study might be appropriate considering the proximity to Brown's Creek. However, he said he favored a school use over other potential uses for the site. Suzanne Block, 1800 Heifort Court, said while she has concerns about Brown's Creek, she is confident those concerns will be addressed. She spoke in favor of the school use. Mr. Carlsen asked about the timeframe. Mr. Sweeney said likely opening dates might be December 2006 or the fall of 2007. Mr. Teske asked about the number of students and whether there might be any future expansion of the school. Mr. Sweeney said the optimum number of students will be 600-650, and there would be no expansion beyond that number. Mr. Turnquist noted that Brown's Creek Watershed District will protect the creek or the District will not issue a permit. Mr. Peroceschi, Mr. Middleton and Mr. Turnquist all spoke in favor of the concept. Mr. Turnquist moved to give concept approval to the proposed school use. Mr. Middleton seconded the motion; motion passed unanimously. Discussion of residential development on the northwest corner of McKusick Road and Neal Avenue. Mr. Russell said a single-family housing development is proposed for this location. Utilities need to run through this site to the Millbrook development. The property is in the Phase IV annexation area. 0 City of Stillwater Planning Commission July 11, 2005 Tim Freeman of Folz Freeman Erickson was present representing Carlson Development. Mr. Freeman noted that sanitary sewer for the Millbrook Development needs to come through the property, so it made sense to develop this site at the same time as the Millbrook property. He said while they are not real deep into design at this point, the intent is to maximize the topography and create sites in harmony with the land. The lot sizes vary between 10,000 and 27,000 square feet. He noted that they have taken great care in setbacks from Brown's Creek; there also are plans for infiltration basins and ponding. Jay Liberacki, Orrin Thompson, said Rick Carlson had contacted his firm about a year ago and they started working together. There is a road tie-in between the two developments. The initial grading plan and trails also have been coordinated, he said. Ed Otis, 12070 87th St. Circle, reiterated his concerns about traffic. He also raised the issue of the current zoning of the property - rural residential. Ruth Bruns, 8790 Neal Ave., also spoke of traffic concerns and noted that half of Neal Avenue is a gravel road. Suzanne Block, 1800 Heifort Court, pointed out Phase IV is scheduled for annexation in 2015 and asked why development is being considered at this time. Jim Smith, 1840 Heifort Court, asked is there were any plans for improvements to Neal Avenue. Mr. Russell said eventually Neal will be a paved, two-lane road. Mr. Russell responded to the phasing issue. He noted the Palmer property (Millbrook) was phased for development in 2002. Property can be annexed early if 100 percent of the affect property owners petition the City for annexation. He also pointed out that traffic studies have been completed for the annexation area, and there is a street plan in place for the expansion area. Mr. Turnquist said it would be better if the City stayed with the planned annexation dates, suggesting the City has never waited until the infrastructure is in place before allowing development to take place. Mr. Middleton pointed out that the Planning Commission/City did deny early annexation in the Boutwell study area. Mr. Gag suggested this development makse sense because of the need to extend utilities. Mr. Teske, as did Mr. Carlsen, expressed a concern about so much development occurring at once. Mr. Middleton moved to move forward with the concept of the residential development at McKusick and Neal Avenue. Mr. Peroceschi seconded the motion. Motion passed 5-2, with Mr. Teske and Mr. Turnquist voting no. • 6 City of Stillwater Planning Commission July 11, 2005 Legion request to sell beer and brats during Lumberjack Days Mr. Russell said last year a similar request was received from the Freight House to use that establishment's parking lot to sell alcohol; the Planning Commission recommended denial of that request. Mr. Russell said the Police Chief is concerned about more activity during Lumberjack Days. Mr. Peroceschi spoke in favor of the request. The request was to sell from noon to 10 p.m. on Thursday, July 21, and from noon to 6 p.m. on Friday and Saturday, July 22 and July 23. Mr. Middleton said he could support the request if the sale was permitted only from noon to 6 p.m. all three days. Mr. Wald said that was the intent in making the request - sale from noon to 6 p.m. only. Mr. Turnquist spoke against any additional outside sale of liquor and moved to deny the request. Mr. Teske seconded the motion, noting the request is an expansion of the sale of alcohol and the location is next to a residential area. Motion to deny the request as submitted, which would have allowed the sale from noon to 10 p.m. July 21, passed 4-3, with Mr. Gag, Mr. Peroceschi and Mr. Wald voting against denial. Mr. Peroceschi seconded by Mr. Wald, moved to approve the Legion's sale of beer and brats in the parking lot at 150 S. Third St. from noon to 6 p.m. July 21-23. Motion passed 4-3, with Mr. Carlsen, Mr. Teske and Mr. Turnquist voting against. Ordinance amending Citv Code adding a new section to the Zoning Ordinance relating to contiguous lots or parcels. It was agreed to hold a public hearing on the ordinance at the Planning Commission's August meeting. Mr. Turnquist, seconded by Mr. Teske, moved to adjourn at 9:35 p.m. Respectfully submitted, Sharon Baker Recording Secretary 0