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HomeMy WebLinkAbout2011-06-13 CPC MIN1 � ater A."TM/IN CE NF YIMN 4 = = N CITY OF STILLWATER PLANNING COMMISSION MONDAY, JUNE 13, 2011 CALL TO ORDER Present: Commissioners Spisak, Malsam, Buchanan, Siess, and Kocon Absent: Commissioners Gallick, Hansen, Kelly, Dahlquist Staff: Community Development Director Turnblad, Planner Pogge, and Councilmember Menikheim Vice Chair Spisak called the meeting to order at 7 p.m. APPROVAL OF MINUTES Motion by Commissioner Kocon, seconded by Commissioner Buchanan, to approve the May 9, 2011 Planning Commission minutes. Motion was approved unanimously. OPEN FORUM There were no public comments. PUBLIC HEARINGS Case No. 2011 -14. A street vacation request for a small portion of Broadway Street North adjacent to 101 Ridge Lane located in the RA, Single Family Residential District. Leon and Sharon Thurmes, applicants City Planner Pogge presented several diagrams of the property indicating the portion the applicants wish to vacate. He continued by saying that a survey has been completed on this property, showing an undeveloped triangular portion of North Broadway St. in the southwest corner of their lot, which the owners are requesting that the City vacate in order to create a more uniform property line. He informed the commission that currently on this site are a set of stairs, retaining wall, and other landscaping features installed and maintained by the Thurmes; however the survey also showed a public storm sewer main on the thurmes' property that is outside of any easement. He stated that the Thurmes' are proposing to convey a storm sewer easement to the City that will cover the existing storm sewer main. The total proposed easement area is 535 square feet. Planner Pogge advised the Commission that when considering if publicly owned property should be vacated there are three basic conditions the City considers. One condition is whether the property is or is likely to be necessary or desirable for any public purpose within the reasonably foreseeable future. He informed the Commission that staff has confirmed with Engineering and the Water Board that the area under consideration contains no known public utilities and that the vacation request shows that there is a storm sewer easement along the south side of the property for an existing storm water main for which the owners have agreed to provide a public storm sewer City of Stillwater Planning Commission June 13, 2011 easement; therefore staff believes that the property in question is not necessary for any public purpose at this point in time. Planner Pogge stated that the second condition is whether any term, condition, reservation, or dedication of any easement or interest in the property is necessary or desirable for public purposes and permitted by law. He stated that other than obtaining an easement over the existing storm sewer main, City Staff does not believe any other terms, conditions, reservation, or dedication is needed. He stated that the street vacation has to have a public benefit and is not being vacated for the sole benefit of an adjacent property owner and that it is the staff's belief that as proposed for this property there are other benefits for the public and not just for the requesting property owner. He informed the commission that with the proposed vacation the property owner is dedicating an easement over an existing storm sewer main which is currently outside of any easement or right -of -way and that the staff finds that the public is benefiting and the vacation is not for the sole benefit of the adjacent property owner. He stated that the staff's suggestion is that the commission recommends approval of the vacation with the condition that the owners provide the storm sewer easement as shown on the documents. Commissioner Siess stated that it is her understanding that if the owners are vacating we are basically giving them the property. Planner Pogge responded that this is correct. In this case there is an exchange with the easement of like amount of property, one for one. At one point in time, prior to subdivision, this was their property. Basically the land is now reverting back to the original property owner. Dan Thurmes, son of the applicants, introduced himself and was available for questions. Vice Chair Spisak opened the public hearing. No public comments were received. Public hearing closed. Motion by Commissioner Buchanan, seconded by Commissioner Malsom to approve the right - of -way vacation request as conditioned. Motion passed unanimously. Case No. 2011 -15. A variance request to the front yard setback for the construction of a porch located at 1018 7 Avenue South in the RB, Two Family Residential District. Terrene Holdings, LLC, applicant. Planner Pogge presented the variance request of Terrence Holdings, LLC, the owner of 1018 7th St S who is in the process of renovating the property and as part of the work, the addition of a front porch to the existing home is planned. He stated that the original home was constructed in 1894, is situated on a corner lot and the home currently sits approximately 19.5 feet from the property line with 7th St S and 26 feet from the property line with Hancock St W. He reviewed the request by stating that the new porch is proposed to extend five feet off the front of the home toward 7th St S, which will cause a 5.5 -foot encroachment into the required front yard setback and the new porch is proposed to extend 6 feet closer to Hancock St W, which will remain inside the required 20 -foot setback, which does meet the setback required. Page 2 of 7 City of Stillwater Planning Commission June 13, 2011 Mr. Pogge stated that In order to allow for the applicant to proceed with the project as requested, they need approval of a variance from City Code which requires a 20 -foot front yard setback (14.5 feet requested). In this case, the applicant is requesting approval to encroach 5.5 feet into the required front yard setback in order to construct the porch. Planner Pogge reviewed and explained that with any variance there are 3 criteria. Mr. Pogge continued by stating that this is a rectangular lot with regular topography and that the home's location was set when it was originally constructed around 1894 so therefore the location of the home was not created by the property owner. The right -of- way between the front property line and 7th St as noted is excessive for what we normally see, so with 20.5 feet there is extreme setback that is created. Overall the neighborhood conservation district has the goal that they like to see front porches in the City's historical areas, and without the variance the owners would not be able to add a reasonably sized front porch. He noted that this property is an RB two - family residential area and all other city code requirements will be met. Staff believes that the front yard setback variance requested is acceptable and that the proposed change will not have a negative impact on adjoining property owners and that authorizing the variance will not be a detriment. He stated that staff recommends approval with the two conditions included in the staff report. Commissioner Kocon stated that with regard to the setback issues, he didn't know where the lot line and street line truly were, and that it appeared the porch was being built on a 35 foot setback. Planner Pogge responded that this is correct. Commissioner Seiss asked if notification had been given to the neighbors. Planner Pogge responded in the affirmative and that notices went out to neighbors within 350 feet of the property, including the school district. Commissioner Seiss asked if the law before. the Krummenacher case was a consideration, and if that law were in effect would that have played any role in this issue. Mr. Pogge responded that the legislature passed new variance criteria about 1 -1/2 months ago. The property owner waited for the new legislation to be passed, and based on the new criteria, staff recommends approval of this request. Sarah Curtis, the applicant representing her father, stated that she is available for questions. The Commission had no questions for the applicant. Public hearing was opened and comments requested. Seeing none, the public hearing was closed. Commissioner Buchanan stated that this case seems very straight forward, with all criteria met and the presentation accurate. The porch is in scale with houses in the neighborhood and the setback is reasonable Commissioner Kocon, seconded by Commissioner MaIsom, moved to approve the variance including the two conditions as stated. Motion passed unanimously. Page 3 of 7 City of Stillwater Planning Commission June 13, 2011 Case No. 2011 -16. A special use permit for a food cart located at 225 Main Street North in the CBD, Central Business District. Andrew Whalen, applicant. Community Development Director Turnblad informed the Commission that Andrew Whalen would like to operate a vending cart which is considered outside sales. Outside sales are allowed on private property in the CBD, Central Business District, only if a Special Use Permit is issued for the business. He stated that Mr. Whalen has requested the Planning Commission to approve a Special Use Permit for his business and that the cart will be located on private property and not the sidewalk, at the corner of North Main and Mulberry, in the northwestern corner of the parking lot of the former Ace Hardware store, kitty corner to Stillwater Mills on Main. Mr. Turnblad continued by saying that the Planning Commission may grant a Special Use Permit when the following findings are made: 1 The proposed structure or use conforms to the requirements and the intent of City Code Chapter 31 -1, and of the comprehensive plan, relevant area plans and other lawful regulations. Since the vending cart is to be located in a privately owned parking lot, and not on public property or the sidewalk, City staff believes this finding can be made. 2. Any additional conditions necessary for the public interest have been imposed; a. The vending cart shall not be parked on the site when not open for business. b. A garbage can shall be provided by the business for customers. The garbage can must be located on private property and must be removed from the site when the cart is not open for business. c. The business owner shall be responsible for obtaining a permit from the Washington County Health Department prior to beginning operation. d. The Stillwater Fire Department must inspect the vending cart prior to initially opening for business each season, and at other times as deemed necessary by the Fire Department. e. The Stillwater Police Department is granted the authority to close the vending cart operation down on a particular day if the public's safety so warrants. 3. The use or structure will not constitute a nuisance or be detrimental to the public welfare of the community. Director Turnblad reiterated that the proposed vending cart location is a well -lit parking lot on an open and clearly visible corner of Mulberry and Main Street which aids in public safety. However, because of the site's openness, it may cause concern for the residents of Stillwater Mills. He stated that with the many downtown activities, a balance will need to be found between allowing business to operate while being sensitive to the needs of downtown residents. Staff feels that in order to accomplish this, the hours and days of operation should be specified. Staff recommends approval with the conditions mentioned above. Commissioner Seiss asked how the public will know that the fire department has inspected the cart. Director Turnblad responded that there is a safety inspection conducted, the goal being to keep the business owner and its customers as safe as possible, and an inspection sticker is placed on the machinery. Page 4 of 7 City of Stillwater Planning Commission Andrew Whalen, applicant, was available for questions. June 13, 2011 Commissioner Kocon asked if this falls under regulations that have been in place for some time or if it is part of what was changed with outdoor sales. Director Turnblad responded that the changes have not yet become effective, so this is still under the old Special Use Permit running with the property. He also stated that it is expected that with the round of annual reviews that occur beginning January 1, the City will offer the option of going with a permit system rather than an annual review. Commissioner Kocon asked about his intended hours of business. Mr. Whalen originally said that he was looking at after -bar hour sales, and then stated that when he submitted an application to Washington County for a Food Certification sticker, his application fell under Special Event permits, allowing him to run his business for 10 days. He does not intend to operate into night time hours, so should present no conflict with neighbors. When asked for clarification, Mr. Whalen stated that he is no longer looking at after -bar hour sales; he will now be doing just two events, Lumberjack Days and 4 of July weekend, and will not be operating after 8 p.m. He plans to be on location 4 hours at a time, which is the maximum time allowed because he does not have mechanical refrigeration; he will use dry ice as a coolant. He understands that since this is an annual permit, a change in hours can be discussed when renewal of the permit is requested. Commissioner Malsom asked what Mr. Whalen was selling. Mr. Whalen responded hot dogs and brats and he expects customers to come from foot traffic. Mr. Turnblad informed the Commission that they had the following options: 1. Approve the requested Special Use Permit with the following conditions: a. The vending cart shall not be parked on the site when not open for business. b. The vending cart shall be parked and operating entirely on private property. c. A garbage can shall be provided by the business for customers. The garbage can must be located on private property and must be removed from the site when the cart is not open for business. d. The business owner shall be responsible for obtaining a permit from the Washington County Health Department prior to beginning operation. e. The Stillwater Fire Department must inspect the vending cart prior to initially opening for business each season, and at other times as deemed necessary by the Fire Department. f. The Stillwater Police Department is granted the authority to close the vending cart operation down on a particular day if the public's safety so warrants. 2. Deny the Special Use Permit. 3. Continue the public hearing until July 11, 2011 for additional information. The 60 -day decision deadline for the request is July 19, 2011. He stated that City staff recommends Alternative 1, adding the condition that hours of operation would be limited, at the request of the applicant, to up to 10 days during the summer, no later than 8 p.m., and is valid during 2011. Page 5of7 City of Stillwater Planning Commission June 13, 2011 The public hearing was opened. As there were no comments from the audience, the public hearing was closed. Commissioner Kocon stated that he likes the ambiance of vendors in the streets — the fun idea of "grab and go." He is concerned that 4 hours per day for 10 days may not be enough to float the business. Commissioner Buchanan asked if there would there be other days Mr. Whalen might want to sell if given the opportunity. Mr. Whalen responded that he would, however this case is based on the criteria set out by the Washington County Special Event Permit. Commissioner Malsom asked staff in the application that was made, was there a specific number of days requested, or just the use. Staff answered that it was just the use and that days and hours were not specified. When asked if the specification of not going beyond 8 p.m. would be a detriment to the business, Mr. Whalen responded that it would not, but he would like more days of operation. Commissioner Seiss would be in favor of stipulating the closing time of 8 p.m., and not stipulating the number of days, and allowing the hours of operation to be part of the Washing County application. Commissioner Buchanan asked Director Turnblad if there is another cart that is open until 2 a.m. Director Turnblad replied that one hot dog cart which is located in the area of Water Street south of Chestnut, buried deeply into central business, with noise projecting toward the river and not toward residences, is open until 2:30 a.m. Commissioner Kocon stated that it does not appear that a hot dog cart will create that much noise, and he is in favor of the applicant operating his business whenever he wants. General consensus among the Commissioners was that they were comfortable with the closing at 8 p.m. and stated that the applicant can apply for a change in hours at another time. The Planning Commission is also willing to grant an unlimited number of days of operation. Mr. Whalen said that he has asked the owner of the Green Room about operating the cart behind his restaurant. He stated that at this time the bank that owns the property where he is now may be selling it and asked if it is sold would his application have to come forward again if he moved to the other property. Mr. Turnblad said that it would because the application is tied with the land and not necessarily with the business. If either of them separates, the applicant would have to go through the process again. Commissioner Seiss, seconded by Commissioner Kocon, moved to approve Mr. Whalen's application with the five conditions included in the staff report plus the additional condition that the food vending cart would close at 8 PM each day that it operates. Page 6 of 7 City of Stillwater Planning Commission June 13, 2011 Commissioner Kocon stated that he felt that the business should be allowed to remain open later than 8 p.m. unless there is a problem or a complaint and that a business that has the potential to be a good neighbor should be allowed. Motion passed unanimously. Case No. 2011 -04. Special use permits for properties related to the Comprehensive Plan rezoning. City of Stillwater, applicant. Case No. 2011 -04. Future land use map amendments related to the Comprehensive Plan rezoning. City of Stillwater, applicant. RE: Public Hearings Case Nos. 2011 -04, Special Use Permits and Future Land Use Map amendments related to the Comprehensive Plan Message: The above mentioned public hearings will be continued to the July 11, 2011 Planning Commission meeting. Both are related to the same planning case, 2011 -04, the City's comprehensive planning rezoning project, making our zoning districts and land use map consistent. Since the public hearing notice was published for tonight, but reports are not complete, Staff requested that the public hearing be opened, and then continued until July 11. Vice Chair Spisak opened the public hearing and continued the continued the hearing until July 11, 2011. OTHER BUSINESS Commissioner Seiss asked staff about parking for the new bike shop cafe (bikery), as signs for two -hour parking had been discussed for the Special Use Permit and variance. Planner Pogge said that the City Council had discussed the Special Use Permit, and based on the request from the property owner and adjourning property owner, they chose to remove the condition of two -hour parking. Commissioner Seiss asked why, and Director Turnblad responded that the adjourning owner seemed to be in approval of two -hour parking originally, then changed his mind and did not express a problem with it at the Council meeting. Commissioner Seiss asked about the Krummenacher vs City of Minnetonka case, and since the case was reversed by a legislative change, can a landowner whose variance application was denied this past year come before the Commission again. Director Turnblad responded that they can come before the Commission again but must wait a year unless they are submitting a revised request. The reason for the one -year wait is that over time things change -- facts relating to the case may change, laws may change. Motion by Commissioner Kocon, seconded by Commissioner Seiss, to adjourn at 7:50 p.m. Motion passed unanimously. Respectfully submitted, Carol Danielson Interim Recording Secretary Page 7 of 7