HomeMy WebLinkAbout2006-12-11 CPC MINCity of Stillwater
Planning Commission
December 11, 2006
Present: Robert Gag, chairman, Suzanne Block, Mike Dahlquist, David Junl
Brad Meinke, Dave Middleton, and David Peroceschi
Staff present: Community Development Director Turnblad and Planner Pogge
Absent: Gregg Carlsen
Mr. Gag called the meeting to order at 7 p.m.
Approval of minutes: Mr. Junker, seconded by Mr. Middleton, moved approval
Nov. 13, 2006. Motion passed unanimously.
Prior to the start of the public hearing potion of the meeting, Mr. Turnblad anno
Rosebud had withdrawn her application(s). He stated the Commission/Council
further address any of the issues related to the Neighborhood Business Distri
Council had heard comments during the Open Forum potion of its meeting. H
intent is to address the issues during the Comprehensive Plan Update. Mr. Tu
Comp Plan update is expected to be about an 18-month long process, wii
meetings beginning this spring or summer.
PUBLIC HEARINGS
Case No. ANN/06-61 Annexation petition for property located at 7979 Neal A)
Agricultural Preservation District. Kemal Schankereli, applicant.
The applicant was present. Mr. Turnblad reviewed the site, two and one-half ac
4 annexation area. He noted that early annexation is allowed if a parcel direct
and 100 percent of the property owners agree to the annexation; both requirer
this instance, he noted. Mr. Turnblad said the Council's basic policy regar
requests is to wait until the Comprehensive Plan update is completed, unless t
for small parcels. In addition, water and sewer is available to serve the site. He
annexation is approved, the applicant will subdivide the property; until a survey
clear how many lots could be created. He stated that staff is recommending
request.
Dan Kalmon,
the minutes of
nced that Heidi
ias no plans to
:. He noted the
stated that the
iblad noted the
neighborhood
N. in the AP,
s in the Phase
abuts the :City
:nts are 'met in
ng annexation
annexation is
oted that if the
done, it is not
pproval of this
Mr. Gag opened the public hearing. Dave Hanson, 7960 Newberry Court, asked about any
implications for his property. Mr. Turnblad said this request would not affect his property; even if
a property abuts the City, it is still the property owner's option to request annexation or remain in
the Township.
Jim McGrath, 7939 Neal Ave. N., spoke in favor of the request, saying
interested in requesting early annexation.
No other comments were received, and the hearing was closed. Mr. Junker note
approved, will likely trigger other requests and asked about road connectioi
properties. Mr. Turnblad said staff had discussed road right-of-way at the rep
agreeing that at some point, there will have to be an extension of the road. Mr.
if annexation would trigger the requirement to connect to City services; Mr. Tu
might also be
1 this request, if
is to serve the
it property line,
)ahlquist asked
-nblad said that
City of Stillwater
Planning Commission
December 11, 2006
occurs with subdivision. Ms. Block asked if the road issue would be addressed ' n a subdivision;
Mr. Turnblad responded in the affirmative.
Mr. Middleton, seconded by Mr. Dahlquist, moved to recommend approval o the requested
annexation. Motion passed unanimously. Mr. Turnblad noted this request will now go to the
Joint Board and City Council.
Case No. V/06-63 A variance to the slope setback requirements for an addition at 1723 Second
St. N. in the RA, Single Family Residential District. Boris Popov, applicant.
The applicant was represented by Tim Freeman, Folz, Freeman, Erickson . Mr. Turnblad
reviewed the site and staff findings. Staff recommended approval, with the co ndition that the
applicant submit a soil erosion plan for review and approval by the City Engineer
Mr. Gag opened the public hearing, Steve Keister, 1721 N. Second St., spoke in favor of the
request, noting that his is the only property affected by the proposal and he sup ports the plans.
No other comments were received.
Mr. Kalmon expressed a concern about the proximity to the slope and stated that even minor
changes can create washout problems in the area. He asked if the bathroom a ddition could be
located elsewhere in the home. Mr. Turnblad stated that due to the floor plan , the bathroom
cannot be located elsewhere. Mr. Turnblad also stated that the engineering depa rtment wants to
work closely with the applicant during excavation. Ms. Block asked if there would be any
recourse available to the City should damage occur during construction. Mr. Turnblad noted
there is recourse in the requirement for an erosion escrow. Mr. Junker sugg ested adding a
condition that runoff be maintained on site with gutters.
Mr. Dahlquist moved approval as conditioned, that the applicant work with engin eering staff and
follow best management practices for erosion control, with an additional cond ition that water
runoff from the roof be controlled in accordance with the engineerin g department's
recommendations. Mr. Kalmon seconded the motion; motion passed unanimousl y.
Case No. SUB/06-64 A resubdivision of an existing lot of 38,406 square feet int o two lots - Lot
A 11,616 square feet and Lot B 26,790 square feet - and a waiver of platting fe es and required
street width (50 feet required, 22 feet existing) at 1904 Fifth St. N. in the , Single Family
Residential District. Karen Kramer, applicant.
The applicant was present. Mr. Pogge reviewed the site and staff findings. Mr. Pogge also
spoke to the requested waiver of platting fees and said staff recommends app roval with three
conditions. Mr. Middleton asked if there were any issues with slopes. Mr. P gge noted the
property could be regraded for an additional house site. Ms. Block asked if there was any
potential for access to the property off Willow Street; she also asked if the exis ting drive/street
could accommodate emergency vehicles. Mr. Pogge stated the street i adequate for
emergency vehicle access.
Mr. Gag opened the public hearing. The resident of 1912 N. Fifth St. asked fora explanation of
the site and stated she hated the idea of making the street wider. Mr. Pogge sa id widening the
street is not part of this plan/proposal. No other comments were received, and he hearing was
closed.
i
City of Stillwater
Planning Commission
December 11, 2006
Mr. Middleton, seconded by Mr. Kalmon, moved approval as conditioned.
unanimously.
passed
Case No. SUP/V/06-65 A special use permit and variance to the bed and break ast regulations
for the required 900-foot separation to operate a two-room bed and breakfast in the carriage
house of the Mulvey Inn at 807 S. Harriet St. in the RB, Two Family Residential District. Truett
and Jill Lawson, applicant.
The applicants were present. Mr. Pogge reviewed the request, noting tha
Commission had reviewed and approved the request to transfer the special us(
main home of the James Mulvey Inn in November. Mr. Pogge noted the i
currently is used as a B&B and the use would not change with this request. M
that the applicants meet all 12 conditions for a bed and breakfast with the excep
foot separation requirement, and he said staff is recommending approva
suggested the James Mulvey Inn is a unique situation with the main house and
and said approval does not threaten the City's B&B ordinance or the cl-
neighborhood. Mr. Middleton asked if the carriage house would be utilized
breakfast on a full-time basis; Mr. Lawson responded that it would be used at tl
the new owner of the James Mulvey Inn; likely during the high use season
requests. Mr. Junker asked if the carriage house and main house would bE
operations; Mr. Lawson stated the two would be operated as one B&B - the Lav
the space and the owner of the James Mulvey Inn providing the service. Mr. C
about food service; Mr. Lawson said that would be done through the main house.
Mr. Gag opened the public hearing. A representative of the Stillwater Bed
Association spoke in support of the request.-No other comments were received,
was closed.
Mr. Dahlquist expressed a concern that a variance, unlike a special use permi
perpetuity. He suggested adding a condition that food service, booking and adve
through the main house, James Mulvey I.nm Mr. Pogge noted that condition N
marketing and suggested perhaps adding an 18th condition addressing foc
Middleton suggested adding verbiage regarding meals being prepared at the
condition No. 7.
the Planning
permit for the
arriage house
. Pogge noted
on of the 900-
Mr. Lawson
:arriage house
iracter of the
is a bed and
e discretion of
nd for special
two separate
sons providing
ahlquist asked
and Breakfast
nd the hearing.
is granted in
sing be done
5 addresses
service. Mr.
ain house to
Mr. Dahlquist, seconded by Mr. Middleton, moved approval as conditioned, ame ding Condition
No. 5 to specify that the property at 807 Harriet St. S. shall be marketed, advertised and booked
in conjunction with the property at 622 Churchill St. W. and amending Condition No. 7 to specify
that meal service be provided by the main house, 622 Churchill St. W. Motion passed
unanimously.
Case No. V/06-66 A variance to the rear yard setback (25 feet required, 8 feet requested) for
construction of a residence at 406 S. Fifth St. in the RB, Two Family Residential District. Mark
Willis, applicant.
The applicants, Greg Stokes and Mark Willis, were present. Mr. Pogge revie?
noting that the need for a variance is due to a conflict in the RB and Neighboncc
District regulations. If the garage was detached, rather than attached as desk
located as proposed, he noted. Ms. Block asked if the Heritage Preservation
reviewed this case; Mr. Pogge responded in the affirmative. No comments we
d the request,
i Conservation
ed, it could be
)mmission had
received from
3
City of Stillwater
Planning Commission
December 11, 2006
the public. Mr. Junker, seconded by Mr. Middleton, moved approval as
passed unanimously.
litioned; motion
OTHER BUSINESS
Case No. ZAT/06-05 Further consideration of a zoning ordinance text amend ent revising the
building height limits for downtown. City of Stillwater, applicant.
Mr. Turnblad reviewed the status of the height proposal. He stated the Council ad directed the
issue back to the Planning Commission due to questions about the allowabl height of infill
buildings, as well as a question whether the proposed three-story or 35' height limit for the
Central Business District Historic overlay district would actually allow a three-st ry building to be
constructed utilizing 12' ceilings for retail space common in historic buildings. r. Turnblad also
noted there is an issue with new state statutes regulating reconstruction of buildings following
fire or other tragedies that needed to be looked at in the ordinance language.
Ms. Block spoke of the importance of maintaining the historic nature of downto n buildings and
spoke in favor of increasing the maximum height to 37' to allow for 12' ceilings i first-floor retail
spaces. There was discussion about the possibility of mandating 12' first-floor ceilings. Mr.
Dahlquist suggested ahe possibility of setting the maximum height at 39' to provide for 19' ceilings
on the second and third floors, a more modern/reasonable ceiling height, alon with the 12'.on
the first floor. Mr. Dahlquist spoke in favor of consistency and having the Neigh limits based on
some logic or formula. Mr. Junker said increasing' the height limit would be chap ing all the input
received during the previous public. hearings on the issue, and he suggested it would be a
mistake to dictate floor heights. Mr. Meinke spoke in favor of staying with the 36 feet maximum,
noting a building could still have 12' first-floor ceilings.
Mr. Middleton moved to amend the height regulations for new freestanding buildings in the
Central Business District Historic height overlay district to 3 stories, 37 fee maximum. Mr.
Kalmon seconded the motion. Ms. Block questioned not tying the 37' to historic style first-floor
retail spaces of 12'. Mr. Dahlquist questioned the rationale of the 37' maximum, suggesting that
a reasonable height for a three-story building should allow for 9' ceilings on the second and third
floors. Mr. Junker noted that the whole impetus for the proposed regulations was the overall
height of structures in the downtown and the desire to protect the viewshed. Mr. Middleton's
motion passed 6-2, with Ms. Block and Mr. Meinke voting no.
Mr. Dahlquist, seconded by Mr. Peroceschi, moved to amend the height regulation for the
Central Business District Parkside overlay district from 2.5 stories or 30 feet to .5 stories or 31
feet. Mr. Junker pointed out that there was no direction from the City Counc I to change the
heights in the other overlay districts; the Council's only question was with the Central Business
District Historic district, he noted. Mr. Dahlquist withdrew his motion.
Mr. Middleton, seconded by Mr. Kalmon, moved to amend the height regulati ns for new infill
buildings to 10 percent (higher or lower) of the average height of both adjoining buildings.
Motion passed 6-1, with Mr. Dahlquist voting no, Mr. Junker and Mr. Carlsen absent.
Mr. Middleton, seconded by Mr. Meinke, moved to adopt the miscellaneous change
recommended by staff that all buildings (in the height overlay districts) whe her on existing
vacant parcels or parcels being vacated because of demolition of an existi g structure are
subject to the new standards. Motion passed 7-0.
City of Stillwater
Planning Commission
December 11, 2006
There was additional discussion about Mr. Dahlquist's motion to amend the he
for other districts in the overlay district. Mr. Dahlquist said he had a pry
inconsistency in heights throughout the various districts. To be consistent, he suc
Parkside district should be set at 31', the bluff district at 48' and blufftop at
noted that the only reason to amend the height limits was to accommodate
commercial spaces. In public testimony he said he heard that people want to I
low as possible to protect both the river view and to promote more walkable stre
agreed that people don't want to ruin the riverfront. Mr. Gag suggested i
communicate Mr. Dahlquist's concern about consistency to the City Council.
2008 Comprehensive Plan Update
Mr. Turnblad informed the Commission that the City had received RFPs from
in the Comprehensive Plan update process. He said the Council will likely
proceed at its next meeting. Once a firm is selected, he said a steering co
members of the Planning Commission, Parks, Heritage Preservation Com.
community representatives, will be formed.
Ms. Block, seconded by Mr. Middleton, moved to -a'djourn at 9:30 p.m.
unanimously. Mr. Middleton noted that.Mr. Gag will be leaving the Commission
well, in his new position as City Council representative.
_Respectfully submitted,
Sharon Baker
Recording Secretary
ght regulations
,blem with the
gested that the
8'. Mr. Kalmon
iistoric 1st floor
eep heights as
its. Mr. Meinke
iat staff could
firms to assist
cide on how to
iittee, including
;sion and other
Motion passed
and wished him
5