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HomeMy WebLinkAbout2009-12-14 CPC MINCity of Stillwater Planning Commission December 14, 2009 Present: Dave Middleton, Chair, Mike Dahlquist, Mike Kocon, John Malsam, Scott Spisak and Charles Wolden Staff present: Planner Mike Pogge and Community Development Director Bill Turnblad Mr. Middleton called the meeting to order at 7 p.m. Approval of minutes: Mr. Dahlquist, seconded by Mr. Kocon, moved to approve the minutes of Nov. 9, 2009. Motion passed unanimously. OPEN FORUM No comments were received. PUBLIC HEARINGS Case No. 09-47 A special use permit transfer for the James Mulvey Inn to Teary O'Hara and Lee Sather at 622 W. Churchill St. in the RB, Two Family Residential District. Teary O'Hara, applicant. Mr. Pogge noted this is a requested transfer from a previous owner. Currently, there are seven total units at the Inn, five in the main home, with two being operated independently by the previous owner in the carriage house, he said. As with all B&Bs, there are 12 conditions that must be considered, he stated. He said this request meets all conditions and approval is recommended; Mr. Pogge also noted no complaints have been received in the past 12 months regarding this operation. Approval is recommended with the 16 conditions outlined in the staff report, he concluded. Mr. Malsam asked whether the main house and carriage house would be separate operations; Mr. Pogge stated the two are jointly marketed but will be independently owned and operated. Mr. Middleton opened the public hearing. No comments were received, and the hearing was closed. Mr. Wolden moved approval of the transfer. Mr. Kocon seconded the motion with the 16 conditions of approval; motion passed unanimously. Case No. 09-48 A special use permit for co-location of Clearwire antennas on the existing T- Mobile tower with equipment cabinet to be located within the existing fenced compound at 523 W. March St. in the RB, Two Family Residential District. David Fischer, Buell Consulting, applicant. Mr. Pogge reviewed the request to co-locate on a tower under construction at a site on the Stillwater Junior High School grounds. With all towers located in the RB District, 8 conditions of approval are considered, he said; all conditions are met, with five additional conditions of approval recommended as listed in the staff report. Mr. Middleton opened the public hearing. No comments were received, and the hearing was closed. Mr. Spisak said he was in favor of co-location. Mr. Malsam agreed with Mr. Spisak's comments and moved approval as conditioned. Mr. Spisak seconded the motion; motion passed unanimously. Case No. 09-49 A preliminary and final plat approval for subdivision of one lot into two lots at 1255072 nd St. N. and a zoning map amendment to rezone from AP, Agricultural Preservation, to LR, Lakeshore Residential. Bob and Janet Meisterling, applicant. City of Stillwater Planning Commission December 14, 2009 Mr. Pogge reviewed the request. He spoke to issues related to the request for rezoning and noted that the updated comprehensive plan, yet to be adopted by the Met Council, shows the land in question as low density residential and the LR zoning is the least dense residential zoning classification. He stated the request is compatible with the land use plan and is compatible with neighboring land use. He also noted that the LR district was created specifically to address concerns related to protection of Long Lake, which this property is in close proximity to. Mr. Pogge also reviewed issues related to the preliminary and final plat, including road right- of-way, extension of utilities, park and trail dedication, and slopes. He concluded approval is recommended with the five conditions listed in the staff report. Mr. Kocon verified there would be no access from 72nd for the new lot. Mr. Pogge noted that a ghost plat was required to preclude any future issues related to road/access for potential future development in the area. Mr. Meisterling addressed the Commission and spoke to reason for the proposal and need to construct a new handicapped-accessible home; he said there are no plans for future development and noted his son will be purchasing the property. Mr. Middleton opened the public hearing. No comments were received, and the hearing was closed. Mr. Dahlquist said this proposal seems to fit with the City's land use and moved to approve the rezoning from AP to Lakeshore Residential and the preliminary and final plat for the subdivision. Mr. Wolden seconded the motion; motion passed unanimously. Case No. 09-50 A variance request to enlarge a two-stall garage at 5 River Heights Drive in the RA, Single Family Residential District. Janet Jezior, applicant. Mr. Turnblad noted when the Commission first heard the variance request, the applicant was proposing to add a single-car addition to the garage, which would have made the garage closer to the front lot line than the existing house. He pointed out the existing house is non-conforming as the southeast corner of the house is about 17 feet from the property line. He noted the Commission denied the initial request because it would have enlarged the non-conforming setback. He said the applicant has completely revised the proposal. Currently proposed are two bump-out areas in the front of the house, which provide additional storage space and change/update the appearance of the exterior fagade, but do not increase the non-conforming setback; the bump-outs, he said, are actually set back farther from the front property line than the existing garage. He said staff is supporting the request; he noted the variance essentially recognizes what already exists through no fault of the current property owner. Mr. Middleton opened the public hearing. No comments were received, and the hearing was closed. Mr. Kocon noted the current proposal addresses some of the concerns reflected at the previous meeting and moved approval of the variance. Mr. Wolden seconded the motion; motion passed unanimously. Case No. 09-51 A variance request for construction of a lean-to at 641 Hidden Valley Court in the RA, Single Family Residential District. Grant LaForce, applicant. Mr. Turnblad reviewed the request. He noted the lean-to is attached to the existing garage and functions as the third stall of the garage. The request is for a three-foot variance, he noted. He reviewed the three criteria for the issuance of a variance and stated staff does not believe those three criteria have been met. He suggested that the Commission also look at the precedence that might be set in granting a variance for a third garage stall. Mr. Kocon asked whether the lean-to/garage addition would meet code as constructed; Mr. Turnblad responded in the affirmative. 2 City of Stillwater Planning Commission December 14, 2009 Mr. LaForce said he believes he meets all the criteria of code, noting that three-stall garages are allowed in the City, with a maximum of 1,000 square feet; he said he is under the 1,000 square feet maximum by about 100 feet. He explained that he works out of his home and uses one stall of the garage for storage of his equipment. Mr. LaForce also noted he is 16 feet away from the nearest structure on the adjacent lot, and said he had a letter from the neighbor directly affected by the structure stating the neighbor isn't opposed. He spoke of his need for the additional garage space and the location of an existing tree on the property which precludes construction in another location. Mr. Middleton opened the public hearing. No comments were received, and the hearing was closed. Mr. Kocon said he understood some of Mr. LaForce's comments regarding need but said if he was looking at this request before the structure had been built, he would not have approved the variance request. Mr. Kocon also suggested there are things than can be done to change the size of the lean-to and eliminate the need for a variance. Mr. Dahlquist agreed there are alternatives and if the structure hadn't been built, the applicant would have gotten feedback as to possible alternatives to staying within the setback. Mr. Spisak echoed the comments and noted that getting into the 5-foot setback could result in a life/safety issue in the future. Mr. Malsam agreed that a variance likely wouldn't have been granted if applied for before construction but asked about alternatives for the applicant, perhaps granting some time to figure out possible options. Mr. Turnblad stated the City could be reasonable in giving the applicant some time to consider alternatives. Mr. Dahlquist stated he would be uncomfortable with the Commission getting into enforcement issues; he said the Commission needs to vote on the issue before it - the variance request. Mr. Dahlquist moved to deny the variance request; Mr. Kocon seconded the motion. Mr. LaForce stated he has to have access to his backyard. Mr. Kocon spoke to the reasons for setbacks. Motion for denial passed unanimously. Mr. Malsam moved to adjourn at 8 p.m. Mr. Spisak seconded the motion; motion passed unanimously. Respectfully submitted, Sharon Baker Recording Secretary 3