HomeMy WebLinkAbout2006-04-10 CPC MINCity of Stillwater
Planning Commission
April 10, 2006
Present: Robert Gag, Chairman, Suzanne Block, Gregg Carlsen, Mike Dahlquist, David Junker,
Brad Meinke, Dave Middleton, David Peroceschi, and Paul Teske
Others: Community Development Director Bill Turnblad and Interim Community Development
Director Bob Lockyear
Mr. Gag called the meeting to order and welcomed Mr. Turnblad.
Approval of minutes: Mr. Dahlquist, seconded by Mr. Teske, moved approval of the minutes of
March 13, 2006. Motion passed unanimously.
Case No. ANN/06-02 Annexation petition for a 2.3-acre parcel of property at 12764 Boutwell
Road in the AP, Agricultural Preservation District, into the City of Stillwater. Scott Junker,
applicant.
Scott Junker was present. He explained that he would like to have the property, which includes
one existing home that he occupies, annexed at this time. He plans to subdivide the property
when City services become available, he said. He said he believes the property can be
subdivided into four lots; one of the lots would be accessed off Boutwell, the others off Morgan.
Mr. Gag opened the public hearing, and no comments were received. Mr. Middleton, seconded
by Mr. Peroceschi, moved to recommended approval of the annexation petition to the Joint
Board and City Council.
Mr. Dahlquist referred to the staff memo regarding the Orderly Annexation Agreement and
questioned why other requests for annexation in the same area had been denied. During
discussion, it was noted the other requests have come from property owners on the south side
of Boutwell and were denied due to questions about future road connections, specifically, the
extension of Neal Avenue. Scott Junker's property is located on the north side of Boutwell. It
also was noted that sewer and water services may be completed this summer in conjunction
with the Boutwell Road improvement project.
Motion to recommend approval of the annexation request passed 8-0, with David Junker
abstaining.
Case No. V/06-09 A variance to the garage size regulations for a 3-stall garage (2-stall garages
permitted) at 602 Eben Court in the CR, Cottage Residential District. David Reed, Landmark
Development Group, LLC, applicant.
Mr. Reed was- present and provided plans of the proposed garage construction. Mr. Reed
explained that the property owners were unaware of the garage restrictions and thought 3-stall
garages were acceptable as long as they don't face forward. He said the site in question is
unique due to the frontage and limited depth of the lot, which would preclude a deeper garage.
The hardship in requesting the variance, he said, if that there are not a lot of options to
accommodate the benefit that others in the development enjoy - a 3-stall garage. Mr. Carlsen
. asked if this application was the result of a zoning change. Mr. Turnblad explained that there are
two different zoning districts in Liberty on the Lake PUD - Cottage Residential and Traditional
City of Stillwater
Planning Commission
April 10, 2006
Residential. This request is for a property in the Cottage Residential
garages to two stalls. Included in the application was a letter from
Architectural Review Committee, which approved the garage design plans.
District, which limits
the development's
Mr. Gag opened the public hearing. Paul Kirkwood, 3605 Eben Way, president of the Lifestyle
Village Homeowners Association, spoke against granting the variance. He said people moved
into the CR area with the expectation that double garages only were allowed. He said the
homeowners' association is opposed to granting the variance because of the long-range impact
of changing the rules. Rules should be enforced and apply from the beginning of development.
Bob O'Day, 576 Eben Court, also a member of the homeowners' association, also spoke
against granting the variance and in favor of consistency in enforcing guidelines.
The public hearing was closed. Mr. Junker noted this is a new development and there is a
reason why the lots in the CR District have different restrictions. Mr. Junker also noted that the
Planning Commission tries to be consistent in abiding by the guidelines with new developments.
Mr. Dahlquist agreed that with new construction it would be hard to argue hardship; he called for
the restrictions to be enforced as written. Mr. Teske noted that the development's architectural
review process is not of concern to the Planning Commission; the Planning Commission's
concern is with the City's Zoning Ordinance. Mr. Teske stated he found no hardship involved
and moved to deny the requested variance. Mr. Dahlquist seconded the motion for denial.
Motion passed unanimously.
Case No. V/02-10 Request for extension of a variance for an accessory building at 3374 Staples
Place. Ken Taillon, applicant.
Mr. Taillon was present. He explained that financial situation prevented him from constructing
the accessory building for which the original variance was granted. He said the slab for the
structure is in place and he is requesting an extension of the variance with several design
changes, such as finishing off the windows. The slab for the accessory building is at the rear of
the lot, behind the existing garage, he explained. It was noted that the original variance request
had been denied by the Planning Commission and appealed to and approved by the City
Council.
Mr. Turnblad explained that this request is for an extension of a variance granted by the
Council. He said the only question is whether the material facts have changed or not. He noted
that the lot configuration is the same and said he did not feel that the facts have changed. It was
also noted that neighbors had been noticed of the Planning Commission; no one was present to
speak regarding the requested extension.
Mr. Middleton, seconded by Mr. Peroceschi, moved approval of the variance extension. Motion
passed unanimously.
Case No. ZAM/06-01 Zoning Map amendment changing the zoning designation from
Agricultural Preservation, AP, to TH, Townhouse, on 25.3 acres of land, Millbrook Development,
south of TH 96, west of Neal Avenue, north of Brown's Creek and east of Manning Avenue, US
Homes, applicant.
Case No. ZAM/06-02 Zoning Map amendment changing the zoning designation from
Agricultural Preservation, AP, to CR, Cottage Residential, on 69.9 acres of land, Millbrook
Development.
City of Stillwater
Planning Commission
April 10, 2006
Case No. ZAM/06-03 Zoning Map amendment changing the zoning designation from
Agricultural Preservation, AP, to TR, Traditional Residential, on 72.7 acres of land, Millbrook
Development.
Case No. PUD/06-07 Planning Unit Development for a 270-lot development on 132+/- acres of
land, Millbrook Development. US Homes, applicant
Case No. SUB/06-06 Preliminary plat approval for a 270-lot development on 132+/- acres of
land, Millbrook Development. US Homes, applicant.
Case No. ANN/06-01 Annexation of 132+/- acres of land zoned TH, Townhouse, CR, Cottage
Residential, and TR, Traditional Residential, into the City of Stillwater, Millbrook Development.
US Homes, applicant.
Mr. Lockyear opened the discussion by noting that the Millbrook approvals had been continued
at the Commission's March meeting due to the Commission's concerns regarding the
developer's conformance with staff recommendations. He said City staff had met with the
developer since the last meeting and now recommends approval with the 17 conditions as
outlined in the staff memo. Phil Carlson, representing US Homes, said the developer agrees to
the 17 conditions.
Mr. Junker questioned whether the language in Conditions land 2 relating to the trail along
South Twin Lake was strong enough, as the language does not specify that the trail be
bituminous. Mr. Carlson said the developer is still open to the type of surface; the surface, he
said, will be what the Watershed District and City agree upon. Jay Liberacki, US Homes, said
everyone who has walked the area agrees that the trail should not be bituminous, but if the City
determines the tail must be bituminous, that's what will be done. Mr. Lockyear stated he thought
the language in the two conditions was adequate. Mr. Lockyear noted the area in question is
steep and heavily wooded and may not be conducive to bituminous surface. Mr. Lockyear
stated if staff is directed by the Council that the trail is bituminous, then that is what the surface
will be; the concern, he said, is to try to agree on a surface that will work with the natural
environment. Mr. Teske agreed that the language in the two conditions was sufficient, noting
that if the City engineer, Community Development Director, and parks people want a bituminous
surface, the trail will be bituminous. Mr. Teske spoke in favor of being open to alternative
surfacing and being respectful of the environment. Mr. Lockyear said at a minimum, the trail will
be a hard, all-weather surface - not grass or wood chips - that can be maintained. After
discussion, it was agreed to leave the decision regarding the type of trail surface to City staff
and Watershed District staff. Mr. Dahlquist suggested adding language that the intent is to
provide an all-weather surface trail that is conducive for use by bikes and strollers.
Mr. Junker asked for a clarification of Condition No. 8, regarding the condition of the active
parks. Mr. Lockyear explained that the City will require that the turf be established in an active
park use condition - weed and rock free and graded. Mr. Teske suggested adding language to
Condition No. 14 that the plans for the roundabout be sent to and approved by the City
Engineer.
Mr. Middleton, seconded by Mr. Carlsen, moved to recommend approval of ZAM/06-01 as
conditioned and amended. Motion passed 8-1, with Mr. Junker voting no.
Mr. Middleton, seconded by Mr. Teske, moved to recommend approval of ZAM/06-02 as
conditioned and amended. Motion passed 8-1, with Mr. Junker voting no.
City of Stillwater
Planning Commission
April 10, 2006
Mr. Middleton, seconded by Mr. Carlsen, moved to recommend approval of ZAM/06-03 as
conditioned and amended. Motion passed 8-1, with Mr. Junker voting no.
Mr. Middleton, seconded by Ms. Block, moved to recommend approval of PUD/06-07 as
conditioned and amended. Motion passed 8-1, with Mr. Junker voting no.
Mr. Middleton, seconded by Mr. Carlsen, moved to recommend approval of SUB/06-06 as
conditioned and amended. Motion passed 8-1, with Mr. Junker voting no.
Mr. Middleton, seconded by Mr. Teske, moved to recommend approval of ANN/06-01 as
conditioned and amended. Motion passed 8-1, with Mr. Junker voting no.
Other items:
1) Todd Weiss, Minnesota Zephyr, was present with a request for approval of a Thomas the
Tank Engine event. The event, as proposed, would take place Aug. 4-13, 2006, at the
Minnesota Zephyr station and City parking lot north of The Lofts. Mr. Weiss highlighted
some of the activities, which include a 25-minute train ride, as well as musical entertainment,
arts and crafts, inflatable play areas, storytelling, etc. Hours of operation would be from
about 9 a.m. to about 4:15, he said. Activities are all family-oriented, he said, and many are
free. The train rides would accommodate about 270 people per ride. Portable toilets would
be supplied, he said, as would security fencing and barriers. He said he also had talked with
Marina people and access to the Marina will be signed and flagged. During discussion, it
was noted that traffic and parking will be the biggest issues. Mr. Junker. seconded by Ms.
Block, moved approval of the special event request, with Mr. Weiss to work with staff on final
details.
2) Mr. Turnblad said a request had been received to hold sidewalk sales in the downtown
district in conjunction with the Rivertown Art Festival, May 20-21, Lumberjack Days, July 20-
23, and the Fall Colors Fine Art & Jazz Festival, Oct. 7-8. As requested, the sales will take
place from 10 a.m. to dusk along Main Street from the Zephyr Depot to St. Croix Boat and
Packet, and side streets, including Myrtle, Chestnut, Olive, Nelson, Second and Water
Street. As proposed, sales would be limited to one-third of the total sidewalk width in front
of establishments, he said. Mr. Junker noted that last year the Council gave approval to hold
sidewalk sales during Summer Tuesdays and during Lumberjack Days and said he thought
allowing such activity sends a good message to retailers. Mr. Junker did express a safety
concern about location of tables near the intersections of Main and Chestnut, Main and
Myrtle and Main and Nelson. Mr. Junker, seconded by Mr. Middleton, moved approval of the
sidewalk sales during the requested dates, with the condition that there be no tables within
8' of the buildings at the specified intersections along Main Street. Motion passed
unanimously.
3) Ms. Block asked about attendance at educational seminars for Planning Commission
members and whether the City might reimburse attendance. Mr. Turnblad said he would
check into that.
Mr. Teske, seconded by Mr. Peroceschi, moved to adjourn at 9:15 p.m. Motion passed
unanimously.
Respectfully submitted,
Sharon Baker
Recording Secretary