Loading...
HomeMy WebLinkAbout2007-08-13 CPC MIN• City of Stillwater Planning Commission August 13, 2007 Present: Dave Middleton, Chairperson, Suzanne Block, Gregg Carlsen, Mike Dahlquist, Dan Kalmon, Taylor Luke, Wally Milbrandt, David Peroceschi, Charles Wolden Staff present: Community Development Director Turnblad and Planner Pogge Approval of minutes: Mr. Dahlquist, seconded by Mr. Milbrandt, moved approval of the minutes of July 9, 2007. Motion passed unanimously. PUBLIC HEARINGS Case No. 07-37 A preliminary plat that subdivides one lot into four lots, a rezoning from AP, Agricultural Preservation, to LR, Lakeshore Residential, and a variance to the lot width requirements at 1133 Nightingale Blvd. Damon Francis, applicant. Mr. Pogge explained this application was incomplete and rejected. Mr. Middleton opened and closed the public hearing. No action was taken. Mr. Pogge said he expects this application will be resubmitted, at which time the case will be re-noticed. Case No. 07-27 A variance request to the maximum allowed impervious surface coverage and lot size regulations for construction of a 24' x 24' garage at 212 Maple St. W. in the RB, Two Family Residential District. Don and Cheryl Scoff, applicants. • Mr. Pogge noted this is a revision to a request heard in July for a 24' x 34' garage. He also pointed out that due to the square footage, this is a non-conforming lot, which requires the variance. Also, the existing garage exceeds the maximum lot coverage of 25 percent. He said the applicant has submitted storm water calculations and is proposing to reshape a portion of the lot to retain much of the storm water on the property and, hopefully, absorbed into the land. He stated the City Engineer has reviewed the calculations and determined that if the absorption rates remain the same as the tests indicate, the plan will actually improve the run off. Mr. Pogge stated this application meets all the requirements for a variance, and approval is recommended with three conditions. Mr. Kalmon asked if there should be some condition regarding the storm water control system should the property change hands in the future; Mr. Pogge pointed out the zoning permit, which runs with the land, would be recorded against the property. Ms. Block agreed with the concern about a mechanism to enforcement the requirement for the storm water control system. Mr. Pogge said an easement could be prepared, if the Commission so desires. Mr. Milbrandt suggested that since the permit is being recorded with the title, an easement shouldn't be needed. Mr. Turnblad said any future requests for additions or variances would require approvals and an opportunity to make sure the storm water system is being continued. Mr. Pogge suggested adding language to condition No. 3, that the storm water control shall be in place as long as the lot exceeds impervious coverage. The applicants were present. Mr. Scoff noted that they had revised their plans, eliminating the originally proposed shop area as requested by the Commission at the first consideration. He • explained the proposed storm water control plan. He also stated neighbors have expressed support for the project. He stated the new garage will mimic the main structure and fit better with the neighborhood. Ms. Scoff asked how any new owners would be notified of the water control • City of Stillwater Planning Commission August 13, 2007 system and wondered who is responsible for doing that. It was explained that, if the variances are approved, the conditions become a part of the chain of title, and no other action is required by the applicants. Mr. Middleton opened the public hearing. No comments were received, and the hearing was closed. Mr. Dahlquist noted the hardship is clearly the substandard lot, and while he doesn't favor engineered solutions to water runoff, he said he didn't see an issue in this instance. Mr. Dahlquist, seconded by Mr. Kalmon, moved approval as conditioned; motion passed unanimously. Mr. Milbrandt suggested that the Commission will likely be seeing a lot more of the "engineered" solutions to runoff and suggested standards for evaluating such requests should be a topic for future discussion by the Commission. Case No. 07-39 A variance request to the side yard setback for construction of a storage garage at 1220 First St. N. in the RB, Two Family Residential District. Lee Erickson, applicant. Mr. Pogge reviewed the request, which involves three variances, and staff findings. It was noted that an existing chicken coop is potentially historic, and the owner and HPC both favor retaining and maintaining that structure. The HPC did approve a demolition permit for the existing garage, it was noted. • The applicant was present and stated he would abide by any setbacks required by the City. Mr. Middleton opened the public hearing. ,No comments were received, and the hearing was closed. There was discussion about the width, 30', of the proposed driveway. Mr. Milbrandt, seconded by Mr. Carlsen, moved approval as conditioned. Mr. Dahlquist said he was concerned about the variance for the building lot coverage, noting that the size of the garage could be reduced. Ms. Block asked whether the proposed garage was significantly larger than others in the neighborhood. Motion to approve as conditioned passed 6-2-1, with Mr. Dahlquist and Mr. Wolden opposed and Mr. Kalmon abstaining. Case No. 07-40 An amendment to a PUD for construction of a 12' x 56' temporary building for use by Sentence to Serve at 14949 62nd St. N. in the PA, Public Administration District. Don Theisen, Washington County Government Center, applicant. Mr. Pogge reviewed the request and findings. He noted that there is one private residence east of the proposed site. Washington County discussed the use with the homeowner who has no objections to the proposal, he stated, and the County will be constructing a wood privacy fence between the site and the private residence. Mr. Pogge also pointed out that the parking area at the site will be paved and then removed and re-seeded as part of the campus grounds when the project is complete. Approval is recommended with five conditions, he concluded. It was noted this proposal does not represent any increase in traffic. Mr. Middleton opened the public hearing. No comments were received, and the hearing was closed. Mr. Wolden, seconded by Mr. Dahlquist, moved approval as conditioned. Mr. Carlsen • suggested adding language that the use would be reviewed upon complaint. Mr. Milbrandt pointed out that should the private residence change hands, the would-be buyer would be aware of the use. Mr. Turnblad pointed out that according to code, any special use permit can City of Stillwater Planning Commission August 13, 2007 be brought back to the Commission upon complaint. Motion to approve as conditioned passed 9-0. Case No. 07-41 A special use permit for an accessory dwelling unit and variance to the lot size regulations, rear and side yard setbacks at 601 S. Fourth St. in the RB, Two Family Residential District. Mark S. Balay Architects, representing Tim and Amy McKee, applicant. Mr. Turnblad reviewed the proposal to make some improvements to an existing detached accessory building. The second floor of the historic structure has always been used as living space to a certain extent, he said. The proposal is to include a full bathroom on the second floor and make various updates to insulation and building safety. The footprint of the building will not change, and there will be no changes to the exterior, he said. The addition of the bathroom is what makes the building an accessory welling unit. In addition to the special use permit, he noted a variance is needed for the minimum lot size and several setbacks. He noted the structure was constructed before there were setback requirements, and with the exception of lot size and setbacks, the proposal meets the requirements for a special use permit for an accessory dwelling unit. He also pointed out this proposal represents reuse of a structure of historical significance. Approval is recommended with one condition, he concluded. Mr. Balay briefly reviewed the plans, and stated it was a good move to retain one of the City's historic resources. Mr. Middleton opened the public hearing. No comments were received, and the hearing was closed. Ms, Block moved to approve Case No_. 07-41 with the one condition of approval. Mr. Peroceschi seconded the motion; motion passed unanimously. Case No. 07-42 A variance request to the side and rear yard setbacks and maximum lot coverage for construction of a garage at 309 W. Churchill St. in the RB, Two Family Residential District. Mark S. Balay Architects, representing Phyllis Hicks and Dave Schleh, applicant. Mr. Pogge reviewed the request and findings. He briefly addressed an existing easement and stated the applicants are working with all three property owners to facilitate a possible relocation of the easement to the proper location. He noted that staff is recommending that a storm water control system be installed, and the applicants have indicated they would work with City staff to do that. The applicants were present. Mr. Schleh noted regarding the easement, an agreement between all three affected property owners for new easements has been drafted and is in the process of being recording. Mr. Balay reviewed design plans, which he called an urban solution to enable the location of a two-car garage. Mr. Balay also explained the proposed runoff mitigation for exceeding impervious coverage. Mr. Middleton opened the public hearing. No comments were received, and the hearing was closed. Mr. Middleton spoke of the hardship of the current situation of the shared garage and the difficulty it presents for salability and property values for the two property owners. Mr. Middleton moved approval as conditioned; Mr. Peroceschi seconded the motion. Ms. Block spoke in favor of leaving the existing language in condition No. 3 regarding the storm water control measure. Mr. Milbrandt suggested that if that is done, language be added that the condition/requirement for storm water control be recorded in the chain of title. Mr. Middleton City of Stillwater Planning Commission August 13, 2007 agreed to add language that any storm water mitigation requirement be added to the chain of title; Mr. Peroceschi agreed to the amended language. Amended motion passed unanimously. Case No. 07-43 A special use permit application for transfer of ownership of the William Sauntry Mansion at 626 N. Fourth St. in the RB, Two Family Residential District. Tom and Sandy Lynum, applicants. Mr. Pogge reviewed the request. He noted, as proposed, the William Sauntry Mansion will continue to operate as a 6-room B&B, and the facility currently meets all 12 conditions required for B&Bs. No exterior changes are proposed, and the City has not received any complaints about the operation in the last 12 months. He said staff is recommending approval of the special use permit with all the existing conditions, as well as the same conditions for special events. Mr. Middleton opened the public hearing. No comments were received, and the hearing was closed. Mr. Peroceschi, seconded by Ms. Block, moved approval with conditions for the B&B special use permit and special events. Motion passed unanimously. Mr. Pogge pointed out this request will go before the City Council as well. OTHER BUSINESS Zoning ordinance reorganization review - Mr. Turnblad explained the reason for the reorganization of the Zoning Ordinance, the collective land use ordinances, noting that over the years the ordinances have been changed and revised many times. As a result, the existing document is cumbersome and not user-friendly. One of the unintended consequences is that there are conflicts within the document, and the document can be unintentionally misleading, he said. The proposed reorganization of the ordinances does not make changes of any substance, he pointed out, but reorganizes the material by content. In addition to organizing by content, a table of contents has been added and there has been extensive reformatting such as pulling together all definitions and using a consistent format for each zoning district. In addition, tables have been added to indicate what uses are allowed in each zoning district, and performances standards are now included in a separate section. Mr. Turnblad noted that while there are some substantive changes that may be in order, it was decided to undertake those changes/revisions after the Comprehensive Plan update has been completed. There was a question about an on-line version of the ordinance and whether it will be consistent with the reorganized ordinance. Mr. Turnblad stated that will automatically occur. Mr. Peroceschi suggested adding language to inform users that the ordinance is available on-line. Mr. Dahlquist asked if there were any inconsistencies that were so great as to make the intent unclear. Mr. Turnblad responded in the affirmative, and noted that in those instances, the inconsistencies were left because they did not want to change the intent of the ordinance. The only changes made, Mr. Turnblad said, were those changes that were clearly not of impact to the intent/meaning of the regulations. No action was taken. The meeting was adjourned on a motion by Ms. Block, second by Mr. Peroceschi. Respectfully submitted, Sharon Baker Recording Secretary