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HomeMy WebLinkAbout2005-09-12 CPC MINCity of Stillwater Planning Commission September 12, 2005 Present: Robert Gag, chair Gregg Carlsen, Mike Dahlquist, David Junker, David Peroceschi and Jerry Turnquist Others: Community Development Director Steve Russell Absent: Dave Middleton and Paul Teske Mr. Gag called the meeting to order at 7 p.m. Approval of minutes: Mr. Junker, seconded by Mr. Turnquist, moved approval of the minutes of Aug. 8, 2005; motion passed unanimously. Case No. SUB/V/05-41 A request for a subdivision of one lot of 14,982 square feet into two lots of 7,491 square feet and a variance to the lot size regulations (7,500 square feet required) in the RB, Duplex Residential District at 203 St. Croix Ave. Jeff and Heather Swanson, applicant. The applicants were present. Mr. Swanson explained they are requesting the subdivision and variance in order to build a small cottage-style home on the new lot. The home would be a two- story with front porch and setback garage. The footprint of the home would be 950-1,000 square feet. A business associate would rent the existing house. The existing garage on the property would be removed; a new garage may or may not be built. Mr. Swanson said they would work to meet the setback for any new garage. He said the new home would be designed by Dale Mulfinger and would comply with the character of the existing neighborhood. Mr. Gag opened the case to public comment. Andrew Jackson, 209 N. Second St., spoke of the value of green space. He said he favored increasing the minimum lot size in the area. He said there is no hardship in granting the requested variance and said he was opposed to increasing the density of the neighborhood. Liz Dawson, 213 N. Second St., expressed a concern about the new garage, which would be right next to her property. She also expressed a concern about the possibility of trees being removed. Don Empson, 206 N. Second St., said he was opposed to the granting of the variance. He noted there is no hardship and no extenuating circumstances involved to justify the granting of a variance. He noted the request results in the creation of two non-conforming lots. And he suggested granting the variance would be setting a precedent for a number of lots in the nearby area. He also noted that the City currently is working on design guidelines for infill housing. Mr. Swanson responded by saying he appreciated the neighbors' concerns. He said they would make sure the construction of the new home would maintain as many trees as possible. He reiterated that the design of the new home would be consistent with the character of the • City of Stillwater Planning Commission September 12, 2005 neighborhood. He said if the variance request is denied, they would have to do a significant renovation to the existing structure on the property, which may result in more of a concern for the possible removal of trees. Mr. Junker spoke in favor of the lot split. While everyone is in favor of green space, he noted that the whole neighborhood is zoned 7,500 square-feet, and he noted that there are likely a number of existing homes that were constructed on lots that do not meet the minimum requirement. He said the design of the proposed new home fits nicely with the neighborhood. Mr. Peroceschi said the request is inconsistent with the neighborhood. Mr. Carlsen agreed that there is a pattern of space between houses. Mr. Gag said seeing the design and quality of the new home changed his feeling somewhat but said creating two non-conforming lots is the major concern. Mr. Tumquist said he could not support the request, saying the Commission has established a good precedent in maintaining the 7,500 square-foot lot minimum. Mr. Junker moved to approve the subdivision and variance, with the condition that no setback variances be granted for any new structures and that the existing garage be removed. The motion died for lack of a second. Mr. Tumquist moved to deny the subdivision and variance. Mr. Carlsen seconded the motion. • Motion passed 5-1, with Mr. Junker voting no. Mr. Gag noted this case will go to the City Council. Case No. ZAT/05-01 A zoning text amendment requiring two or more adjacent lots that do not meet lot width or size requirement be combined to meet district zoning requirements. City of Stillwater, applicant. On recommendation by staff, this case was tabled indefinitely. Mr. Russell said the proposed amendment might come back with the infill design guidelines. Case No. SUP/05-43 A special use permit for live entertainment at Northern Vineyard Winery at 223 N. Main St. in the CBD, Central Business District. Robin Partch, applicant. (Continued from the August meeting) Mr. Partch was present and apologized for not being present at the August meeting. He said he was unaware that a special use permit was required, as he thought music was OK in the CBD district. He said they have been doing some plays, as well as music. He said music is offered Sunday nights from 7 to 9 p.m.; the music is primarily acoustic performed solo or small ensemble. When the weather is nice, the performances are given outdoors. Mr. Junker asked if performances are given on other nights. Mr. Partch said performances are primarily on Sundays; plays are performed Friday and Saturday nights, with Sunday matinees. • 2 City of Stillwater Planning Commission September 12, 2005 Mr. Junker moved approval as conditioned. Mr. Turnquist seconded the motion; motion passed unanimously. Case No. V/05-49 A variance to the front yard setback (30 feet required, 15 feet requested) for construction of a 6'x12' front entry at 1119 N. Third St. in the RB, Two Family Residential District. David and Jaime Rorabeck, applicants. Jamie Rorabeck was present. She noted the plans are consistent with lots of other homes in the neighborhood. Mr. Junker, seconded by Mr. Dahlquist, moved approval as conditioned. Motion passed unanimously. Case No. SUP/05-51 A home occupation special use permit for a home photography business at 720 S. Second St. in the RB, Two Family Residential District. John and Aileen Krozos, applicants. Ms. Krozos was present. She said the request is to place a 2 square-foot sign on the home. She said she has been in business for four year, doing primarily weddings and portraits. She said 99 percent of her business is done on location and rarely does she have clients at her home. She said she had talked with most of her neighbors and no one she talked with was opposed to the requested sign. John Grabinski and Deb Stevenson, next door neighbors, spoke during the public hearing. Ms. Stevenson said parking in the area is an issue, especially due to the proximity to St. Michael's church and school. She said if a sign goes up, traffic will likely increase. She also said she was unaware that Ms. Krozos had a home business permit. Mr. Grabinski expressed a concern about the aesthetics of signs. Mr. Junker noted that Ms. Krozos had been operating her business for four years, and neighbors were not even aware of the fact. He pointed out that 2 square-feet is the maximum allowable size for the sign and said some private residences have signage that large. Mr. Junker moved approval as conditioned. Mr. Turnquist seconded the motion; motion passed unanimously. Case No. V/05-52 A variance to the side yard setback (5 feet required, 4 feet requested) for replacement of an existing porch at 915 Sixth Ave. S. in the RB, Two Family Residential District. Marek and Amy Mino, applicants. Mr. Mino was present. He explained they are planning on replacing the existing deck with a smaller, wrap-around porch. He said there has always been a porch on the house in the past, and he suggested the proposed porch is more appropriate to the home. City of Stillwater Planning Commission September 12, 2005 Mr. Junker, seconded by Mr. Carlsen, moved approval as conditioned; motion passed unanimously. Case No. SUB/V/05-54 A subdivision of a 22,500 square foot lot into two lots (Lot A, 10,000 square feet with an existing residence; Lot B, 3,700 square feet developable with a variance to the developable lot area of 10,000 square feet required) for construction of a residence with shared driveway access from North Fifth Street at 1913 N. Fifth St. in the RA, Single Family Residential District. Scott Junker, applicant. Scott Junker and Yale Norwich were present. Mr. Norwich questioned the figuring of the amount of developable land for lot B. Mr. Russell explained that steep slopes do not count for the net developable land. Mr. Norwich said the slopes will be mitigated with retaining walls. He said the lot is nearly 13,00 square feet, a small portion of which will be occupies by the new house. He suggested the proposal would be an enhancement to the city. Mr. Gag opened the case to public comment. Brad Wheeler, 1902 N. Fourth St., said the slope was too steep and the proposed houses too close together. He suggested this was one more attempt to get two houses jammed in on the lot. Marilyn Meier, 405 W. Hazel, said she was also speaking on behalf of the Paukerts, 303 W. Hazel. She referred to the steep ravines in the area and the environmental sensitivity of the ravines. Part of the charm of the neighborhood is the aesthetics, which she said can be maintained as long as the Planning Commission and City Council are careful with the density and environmental sensitivity for the slopes. She said development needs to be carefully controlled. The hearing was closed and returned to the Commission. Commission Member David Junker said with proper landscaping the house would fit nicely with the neighborhood. He noted there was a slope issue with a property on North Broadway, which the Commission approved because the house was designed to accommodate the slope. Mr. Russell pointed out that the property on Broadway was a lot of record, not creating a new lot. Mr. Dahlquist said he looked at the property and saw no reason to vary from the ordinance. Mr. Turnquist agreed there was no hardship involved in granting the request. Mr. Peroceschi said he had no problem with the proposal. Mr. Dahlquist, seconded by Mr. Turnquist, moved to deny the subdivision and variance. Motion to deny passed 4-2, with David Junker and Mr. Peroceschi voting against denial. Case No. SUB/05-55 A resubdivision of Lot 2, Block 1 Cochrane's Long Lake Addition into two lots (Parcel A, a new lot, 22,405 square feet, and Parcel B with existing house of 46,972 square 4 City of Stillwater Planning Commis Sion September 12, 2005 feet) at 7160 Mid Oaks Ave. in the LR, Lakeshore Residential District. Richard and Leah Peterson, applicants. The Petersons were present. Mr. Peterson noted that a year ago, they requested a rezoning of their property to conform with the Comprehensive Plan, now they are asking for the subdivision. He said the subdivision will have little impact on the neighborhood or what is visible to adjourning properties. He said they had talked with all the adjacent neighbors, none of whom were opposed to their plan. Mr. Junker asked about the proposed shared driveway. Mrs. Peterson explained that is proposed to preserve a large oak tree and maintain screening from the road. Susan Dustin, 7171 Mid Oaks, spoke in favor of the request. She said the proposal would not have visual impact on the neighborhood, and there would be no big impact on traffic. Mr. Junker, seconded by Mr. Peroceschi, moved approval as conditioned. Mr. Carlsen asked about the condition regarding park dedication fee; Mr. Russell explained this is considered a subdivision and therefore subject to a park dedication fee. Motion to approve passed unanimously. Infill design review update • There was a brief update on the infill design committee. Mr. Peroceschi said the committee is still in the discussion mode. Mr. Gag said the committee is debating whether this is an issue of public awareness/education or whether new infill housing plans should come before a body to be scrutinized prior to approval Mr. Junker, seconded by Mr. Tumquist, moved to adjourn at 8:20 p.m. Respectfully submitted, Sharon Baker Recording Secretary • 5