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HomeMy WebLinkAbout2006-09-11 CPC MIN• City of Stillwater Planning Commission September 11, 2006 Present: Robert Gag, Chairman, Suzanne Block, Gregg Carlsen, Mike Dahlquist, David Junker, Dan Kalmon, Brad Meinke, and David Peroceschi Others: Community Development Director Bill Turnblad and Planner Mike Pogge Absent: Dave Middleton Mr. Gag called the meeting to order at 7 p.m. Approval of minutes: Mr. Junker, seconded by Mr. Dahlquist, moved approval of the minutes of Aug. 14, 2006, with the addition that the motion to approve case No. ANN/ZAM/CPA/PUD/SIB/06-45 was seconded by Mr. Middleton. Motion to approve the August minutes with the addition/correction passed unanimously. PUBLIC HEARINGS Legacy on Long Lake (Case No. PUD/SUB/ZAM/06-16) Mr. Turnblad reported that the developer still has some issues with the DNR and recommended that the public hearing be officially closed rather than continued once again. Mr. Turnblad stated that when the developer is ready to proceed, the case will be republished. Mr. Dahlquist, • seconded by Mr. Junker, moved to officially close the public hearing. Motion passed unanimously. Zoning Text Amendment (Case No. ZAT/06-04) A zoning text amendment to the CR, Cottage Residential District, for driveway widths. City of Stillwater, applicant. Mr. Pogge briefly reviewed the previous discussion and verbiage changes made to the proposed amendment. Mr. Gag opened the public hearing. No comments were received, and the hearing was closed. Mr. Dahlquist suggested adding the word "tapered" to the ordinance language to clarify that the allowable driveway width is a maximum of 18 feet at the back of the curb "tapered" to 12 feet at the street right-of-way line. Mr. Junker moved to recommend Council approval of the proposed ordinance adding the word "tapered" as suggested by Mr. Dahlquist. Mr. Dahlquist seconded the motion; motion passed unanimously. Conger and Maas Variance (Case No. V/06-48) A variance to the required 5-foot rear and side yard setback (0 feet requested) for an accessory structure, variance to the 120-square-foot maximum allowed (182 square feet requested) accessory structure, variance to the required 10-foot setback for a pool (6.5 feet requested), variance to the required 25-foot rear yard setback for deck (22.5 feet requested), and variance to the required 10-foot side yard setback for a deck (4.5 feet requested) at 413 Hanson Place in the RA, Single Family Residential District. Chris Conger and Roberta, Maass, applicants. • Mr. Pogge reviewed the various variances involved in the request and the staff findings. Mr. Pogge noted the applicant had submitted revised plans for the accessory structure, which would City of Stillwater Planning Commission September 11, 2006 • meet the allowable size but still would not meet the required setbacks. Mr. Pogge also noted that the City had received a complaint regarding the structures. Ms. Maass said they were only recently made aware that a complaint had been received. She read a letter addressing some of the issues. Ms. Maass said they would be willing to withdraw the request for the accessory structure and remove the accessory structure and asked that the Commission consider alternative 2 in the staff report -- deny the variances for the accessory structure and approve the variances for the pool and deck. Ms. Maass noted that there are five mature oak trees on the property, which make it difficult to meet required setbacks. Mr. Junker questioned why the structures had been installed/constructed without the necessary permits. Ms. Maass said they would have to plead ignorance on that issue. Mr. Dahlquist suggested that the Commission should consider this case as if the structures were not already in place and moved for denial of Case V/06-48. Mr. Carlsen seconded the motion; motion to deny passed unanimously. Bruggeman Properties (Case No. ANN/ZAM/CPA/06-49) Mr. Turnblad told the Commission the applicant had requested that this case be withdrawn. Hoffbeck Variance (Case No. V/06-50) A variance to the side yard setback (5 feet required, 2 feet requested) to allow a garage to encroach into the required side yard setback at 206 S. Owens St. in the RB, Two Family Residential District. Dennis and Denise Hoffbeck, applicant. is Mr. Hoffbeck was present. Mr. Pogge reviewed the request and staff findings. He noted that the request is to replace the roof truss on the existing garage to provide a new, higher pitched roof and to install a new single garage door. Mr. Pogge noted that the existing garage is a legal, non- conforming structure. Expanding a non-conforming structure requires a variance, he explained. Mr. Peroceschi asked about the age of the garage and noted that it is likely more than 50 years old and can't be torn down according to the City's demolition ordinance. Mr. Pogge said the applicant can put a new roof on the garage in order to preserve the structure, the question is whether to allow the expanded use. Mr. Hoffbeck explained the request. He said the current flat roof portion of the structure leaks most of the time, is rotting and needs to be replaced. He said the current hip part of the garage has a second floor above it and the intent is to have a straight 12/12 pitch roof to match the house and to create more dry storage space. He said the proposed dormers are for aesthetics and not space. He reiterated that the intent is to create more storage space, not living space. Mr. Gag opened the public hearing. No comments were received, and the hearing was closed. A letter was received from a neighbor in support of the plans. Mr. Carlsen asked whether the proposed dormers would be a violation of state code, as suggested in the staff report. Mr. Pogge said that was an issue the Commission did not have to consider; the plans will have to be modified, if necessary, to meet state code. Mr. Junker, seconded by Mr. Dahlquist, moved approval as conditioned. Motion passed unanimously. City of Stillwater Planning Commission September 11, 2006 l? 1.J Stang Planned Unit Development Amendment (Case No. 06-51) An amendment to the Oak Glen Planned Unit Development for construction of a 7,800-square foot maintenance building at 1825 McKusick Road in the RA, Single Family Residential District. Greg Stang, applicant. Mr. Turnblad reviewed the request and staff comments. The new building will be aesthetically more pleasing, he said, and staff recommends approval as conditioned. Mr. Stang was present and said they had no problem with the conditions of approval; however, he said it may to difficult to relocate the existing fuel tanks and their enclosure so they are entirely out of the City easement. Mr. Turnblad said staff could work with the applicant on that issue, pointing out the primary concern was with the current location of the tanks on top of the water main. Mr. Junker asked about exterior materials. Mr. Stang said there would be a decorative block exterior, of neutral color, which would be a nice upgrade from the existing structures. Mr. Kalmon asked if there was a spill response mitigation plan for the fuel tanks considering the proximity to Brown's Creek; Mr. Turnblad noted that plans will have to be reviewed by the Brown's Creek Watershed District. Mr. Gag opened the public hearing. The resident of 1830 Oak Glen Drive said he generally was in favor of the proposal and encouraged approval of the project. He asked about the elevation, noting that if the structure is moved farther south to meet the suggested setback of 30 feet, depending on the height of the structure, he would lose some of his existing view. He said he would like the structure placed as far north as possible. He also said he was willing to work with the applicant regarding the requirement for additional landscaping. He asked about outside • storage and whether there would be a dumpster on site. Mark Fuhrmann, 1840 Oak Glen Drive, said he, too, was in general support of the project. He also expressed a concern regarding storage issue and asked for the removal of a rock pile and two vehicles that had been stored outside the existing building all summer. He said he supported visual screening on the north and west elevations and said he would prefer the new building be located as far south as possible to preserve his existing views. No other comments from the public were received. During discussion, it was noted that the views of neighboring property owners would improve regardless of the setback, as the existing barn is taller than the new building will be. Mr. Turnblad also noted that because this request is in a PUD, the Commission has the option of being more flexible with setbacks. Mr. Junker moved approval with the 11 conditions recommended by staff, changing condition No. 4 to require a minimum setback distance of 29 feet from the north property line. Mr. Dahlquist seconded the motion and asked whether the issue of a dumpster enclosure should be addressed. Mr. Junker amended his motion to include a condition of approval No. 12 that an enclosed dumpster be provided on the north side of the site. Ms. Block suggested requiring an enclosed dumpster, but leaving the location up to the applicant; Mr. Junker agreed to that language. Mr. Dahlquist seconded the amended motion. Motion passed unanimously. Ms. Block, seconded by Mr. Peroceschi, moved to adjourn at 8:20 p.m. Respectfully submitted, Sharon Baker Recording Secretary