HomeMy WebLinkAbout2012-05-07 HPC MINCity of Stillwater
Heritage Preservation Commission
May 7, 2012
Chair Lieberman called the meeting to order at 7 p.m.
Present: John Brach, Robert Goodman, Jeff Johnson, Reggie Krakowski, Howard Lieberman,
Scott Zahren and Council liaison Micky Cook
Staff present: Planner Mike Pogge
Mr. Zahren, seconded by Mr. Lieberman, moved approval of the minutes of April 2, 2012. Motion
passed unanimously.
OPEN FORUM
Roger Tomten, 718 S. Fifth St., informed the Commission of the meeting of the National Heritage
Initiative scheduled for May 15. He briefly reviewed the mission of the Initiative; he noted that
previously he was the contact person for the Commission and suggested it would be good for
someone else on the Commission to volunteer to serve in that capacity. Mr. Zahren volunteered
to be the contact person. Mr. Lieberman thanked Mr. Tomten for his many years of service on the
Commission.
PUBLIC HEARINGS
Case No. 2011 -24. A city code text amendment to consider amending the Building Demolition
Ordinance, Chapter 34 of the Stillwater City Code. City of Stillwater, applicant.
Mr. Pogge highlighted some of the key elements of the proposed amendment, the process
involved in developing the proposal, and the impetus for amending the current ordinance. He
provided some hypothetical case studies to illustrate the changes from the current and draft
ordinance.
Mr. Lieberman opened the public hearing. Members of the audience were asked if they were
aware the City has a demolition ordinance; if aware of the existence of the ordinance, if they
understood how it operated; and whether they felt it was good for the City to have such an
ordinance. Mr. Lieberman suggested the response from the audience indicates that whatever is
done with the ordinance, an ordinance that affects private property rights of individuals, the
City /Commission needs to do a better job of communicating with the community. Mr. Johnson
pointed out an inconsistency in 34 -4(3), suggesting that that the first line of that section should
state: "not historically significant or not an historic resource." A member of the audience asked
whether an outbuilding would be subject to the ordinance. Mr. Pogge stated if the building is over
50 years of age it would come before the Commission under the current ordinance. Under the
draft ordinance, if the building meets the age restriction, staff could approve the request if it was
determined the structure is not an historic resource or historically significant. The same person
asked if a remodeling project might come under the ordinance; Mr. Pogge said it would depend on
how much of the facade of the home was taken down.
No other comments were received, and the hearing was closed. Mr. Johnson moved to approve
the draft ordinance as submitted with the revision to 34 -4(3) first sentence "not historically
significant or not an historic resource." Mr. Krakowski seconded the motion; motion passed
unanimously. Mr. Pogge noted the Council would hold a public hearing at its May 14 meeting.
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DESIGN REVIEWS
Case No. DR/2012 -14. Design review of the construction of a rooftop deck and bar (Rafters)
located at 317 Main Street South in the CBD, Central Business District. Larry Cramer, applicant.
Continued from the April 2, 2012 meeting.
The applicant was present. Mr. Lieberman reviewed the request. He noted when the Commission
first heard this request at its last meeting, there was no definitive design plan; he pointed out that
the proposed external staircase has been removed from the plan. He also noted that this building
is in the Commercial Historic District but is a non - contributing building.
Mr. Pogge noted that last month, there was a question about the height; he said staff reviewed
that issue and determined that a "dog house" or any other addition on top of the roof would have to
meet the height standard, which in this instance would be 41'7" maximum. He said the proposed
plans now meet that height requirement and no variance is needed.
He noted a number of written comments had been received and were included in the agenda
packet, including one on behalf of Marine Leasing, property owner to the south of the building in
question, requesting that the City certify the safety of the building and not proceed with an
approvals until those certifications are received. Mr. Pogge pointed out that before any building
permit is issued, plans are reviewed by the building official and fire marshal, who must approve
the plans; he stated this is done after the public reviews, in part because of the costs involved
when there is no guarantee that plans will be approved by the Heritage Preservation Commission
or Planning Commission when special permit /variances are required. He said staff, including the
building official, police and fire chiefs, fire marshal, community development director, have
reviewed plans and believe with certain conditions, the use can be done safely; he noted there are
12 conditions of approval recommended for HPC consideration listed in the staff report, some of
which are design oriented and some operational oriented. He reviewed proposed operational
conditions, No. 9 -11, which he said staff is now recommending be removed and addressed as
part of the special use permit. On a question by Ms. Cook, Mr. Pogge said a condition regarding
amplification /noise will be addressed as part of the special use permit process.
Mr. Zahren noted the City has a noise ordinance and asked why that would not come into play in
this instance; he also questioned the hours of operation as listed in condition No. 11 and the
prohibition of a physical bar /service station on the roof (No. 9). Mr. Pogge said the hours of
operation are a public safety consideration, but noted discussions are still taking place regarding
that issue; he said the condition regarding a rooftop bar /service station comes from Minneapolis,
which has found there are more incidents when there is a bar on the roof versus having to go and
get drinks from another location. Mr. Zahren expressed hope that the City would work with the
applicant to allow this use to happen, but agreed it is important to see that it is done right.
Mr. Johnson asked about the 42" pedestrian rail, whether there was any detail of what is intended.
Brian Larson, architect for the applicant, explained the proposal is for vertical pickets with a
horizontal cap; he said the rail would be kept to minimum dimensions and painted black.
On a question by Mr. Johnson, Mr. Larson said the height of the deck is essentially a function of
getting some structure underneath it; he said it would be no higher than necessary, but likely
would be slightly above the parapet. Mr. Johnson expressed concern about removing condition
10 regarding a 5' setback from the building edge, saying he thought that was a visible element of
the proposed patio and therefore a design element.
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Mr. Johnson noted this proposal includes changes to the Main Street side of the building; Mr.
Larson said that is a result of working with the building official regarding egress issues. Mr. Larson
said because the applicant has been unable to reach an agreement with the property owner to the
south to provide an exterior egress, they need a fully enclosed, fire -rated stair enclosure as a
second exit somewhere in the building. Mr. Larson explained that locating that stair to the west
was most feasible, but requires adding a retail entrance at one of the other openings on Main
Street. Mr. Johnson expressed concern about making changes to the front elevation to
accommodate a solid door for an emergency exit only from the roof; he suggested the proposed
changes to the existing storefront breaks the rhythm of the building. There was discussion of the
difficulty of getting the exit to the Water Street side of the building and the inability to provide any
type of exterior stair due to the neighboring property owner's position.
On a question by Mr. Zahren, Mr. Pogge noted that this is a non - contributing building to the
National Register so the proposed door at the Main Street elevation would not affect that status
but said the City wouldn't want to do anything on Main Street that would impact adjacent
buildings. There was discussion of various options for locating the new fire door. The retail
tenants expressed concern about the impact of the plan on the interior wall.
There was discussion with Patrick Anderson, representing Marine Leasing, about the possibility
of reaching some type of agreement that would allow for an exterior exit so as to not require the
alteration to the Main Street fapade. Mr. Anderson expressed concern about introducing new
hazards to adjoining properties, such as risk of fire. Mr. Johnson asked if some type of fence or
wall along the south parapet would be considered acceptable; Mr. Anderson said any fence /wall
should be impenetrable, mentioning a height of 10'. Mr. Lieberman said he had received a letter
from another adjoining property owner who stated a security fence should be 10', rather than 6'
tall; he also spoke of other concerns raised to him about issues with the building, such as water
leakage during storms. Mr. Lieberman said the height of the security fence and the additional
opening on Main Street were issues of concern to him. Mr. Johnson suggested the possibility of
providing a solid, opaque 10' wall above the deck elevation along the south side up to the radius
point or perhaps 10' beyond the radius point to provide a full separation from the deck area which
might open the possibility of additional discussions with Mr. Anderson about having an exterior
fire exit. Mr. Johnson suggested that the 10' wall could be part of the feature of the patio space
and would provide a real separation from the adjacent building. Mr. Larson pointed out they would
want the wall to be fabric so it can be taken down in the winter due to snow loading and drifting
concerns. Mr. Cramer said he would be happy to provide the higher wall to have the exit as
originally proposed, but questioned the ability of provide an "impenetrable" wall.
There was discussion of a possible service area. Mr. Larson said the idea is to provide a portable
place for coolers, not a full bar setup; he said there would be no plumbing. Mr. Cramer said it is
basically a place for the servers and said they had agreed to having no glass bottles on the deck.
Mr. Anderson was invited to the table; he said property owners on both sides are afraid of fire and
trash clogging drains; he said if a way can be found to be reasonably sure that doesn't happen,
that would resolve one area of concern. Mr. Anderson said another issue is the issue of an
easement; he said they would be inclined to do a rental agreement, rather than an easement,
which would provide them with some control if things get out of hand. Mr. Johnson reiterated his
concern about the changes to the Main Street fapade, which also doesn't leave Mr. Anderson in a
good position if he doesn't have some security from the deck space.
Mr. Johnson moved to: approve the deck as laid out and configured; approve the metal railing as
proposed on the Water Street side with the condition it be set back 5' from the parapet; approve
the penthouse /access space for the stairwell with metal siding in colors as proposed; approve a
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railing height along the south side that would be a solid, opaque surface 10' high above the deck
elevation, extending 10' to the west or north of the southwest corner of the deck and extending 10'
east of the radius point of that corner of the building; eliminate the fire egress proposed out the
west elevation /front of the building; and eliminate conditions 9 and 11 from the recommended
conditions of approval. Mr. Zahren seconded the motion.
Mr. Cramer questioned the 5' setback for the railing, noting that the decking would extend out to
where the support structure is and suggesting the setback would invite people to step over the
railing. Mr. Cramer said he would like a chance to work through that issue with the fire marshal,
noting that other decks, including the Stillwater Library's, are not setback 5'.
Mr. Johnson removed condition 10, the 5' setback, from his motion, with the condition that the
railing be behind the parapet. Mr. Zahren accepted that revision to the motion.
Mr. Pogge pointed out that a lease agreement might not work from a building code perspective as
an egress point must be under the total ownership of the property owner. Motion passed
unanimously.
Case No. DR/2012 -19. Design review of signage for Dunn Bros Coffee located at 1798 Market
Drive in the BP -C, Business Park Commercial District. Steve Spry, applicant.
The applicant was not present.
Mr. Johnson moved to approve as submitted without the drive -thru sign on the north side of the
building. Mr. Lieberman seconded the motion; motion passed unanimously.
Case No. DR/2012 -20. Design review of signage for Cooks of Crocus Hill located at 324 Main
Street South in the CBD, Central Business District. Julie Puckett, Archetype, applicant.
Mr. Lieberman reviewed the request. Karl Benson, co -owner of the business, said the intent is to
replace the sign over the storefront, utilizing the same lighting. He said they are trying to stay
within the same footprint of the existing sign, noting that the sign frame is rotted out and will have
to be replaced. He said the frame will be painted, brushed aluminum with copper background. He
provided several photos of the proposal. He said some chipping green paint will be replaced with
a charcoal color that more aligns with the brushed aluminum, red and copper colors they will be
utilizing in the signage. Mr. Lieberman noted the proposed sign is smaller than what is allowed by
ordinance. Mr. Johnson moved to approve the sign as submitted, with reuse of the existing light
fixtures, and to approve the painting of the window and doorframes a charcoal gray, with a sample
submitted to Mr. Pogge for approval and entry into the record. Mr. Zahren seconded the motion;
motion passed unanimously.
Case No. DR/2012 -21. Design review of signage and awnings for CandyLand located at 212
Main St N in the CBD, Central Business District. Brenda Lamb, applicant.
Brandon Lamb was present. Mr. Johnson noted the proposal is for an awning and projecting sign
and verified that the awning will not include the name of the business. Also verified were the pitch
of the awning and height of the projecting sign, as more than 8' above the sidewalk. There was
discussion of the proposed style of the sign. Mr. Pogge noted historically there has been a box,
cabinet sign; he explained the proposal includes clear letters than are punched out the face of the
sign with opaque vinyl letters applied over, which results in a halo effect around it. Mr. Pogge said
he thought if this one is approved, there will be requests for other similar signs. Mr. Johnson
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pointed out this proposal has a light box inside; he said the perimeter of the letters stand out
providing a 1950s, deco look, which he thought would be appropriate. Mr. Krakowski moved to
approve as conditioned. Mr. Zahren seconded the motion; motion passed unanimously.
Case No DR/2012 -22. Design review of signage and store front upgrade located at 209 Main
Street South in the CBD, Central Business District. Balay Architects, applicant.
Mr. Lieberman reviewed the request. Mark Balay was present and explained that the intent is to
add a vestibule to the front that is the same as the vestibule to the south and returns the symmetry
to the building. He stated originally the door that leads into the store was a stairway to the upstairs
as the two sides were divided in half. Essentially, he said this proposal returns the building to the
way it was in the past. He said the door is being set up so the whole opening can be opened if
desired, but when closed will look like a normal door with a side light. He noted the glass on the
transom is blocked out because the ceiling on the inside is lower; he said the proposal is for a sign
on a solid panel in the transom area set in front of the glass so it is basically an attachment, not
anything permanent to the building.
Mr. Johnson asked about the existing door; Mr. Balay said the existing door will remain so there
will be two doors into the retail space. Mr. Johnson verified the new entry door would pick up the
details of the adjacent building door, with the toe kick and wider frame. Mr. Johnson moved to
approve as submitted, both the sign and door, with the clarification that the door is to visually be of
the same type as the neighboring twin building, other than to have the side light. Mr. Brach
seconded the motion; motion passed unanimously.
Case No. DR/2012 -23. Design review of a rooftop bar and outside patio, The Green Room,
located at 215 Main Street South in the CBD, Central Business District. Christopher Durant,
applicant.
Mr. Lieberman reviewed the request. The applicant was present. Mr. Johnson noted this request
is for a one -story space that is between adjacent building walls for the most part, which provides
some confinement both for noise and activity. Mr. Johnson asked if the use would be similar to
the previously discussed rooftop patio with similar conditions regarding that use. Mr. Durant
responded that their establishment is a fine dining restaurant and there aren't too many people
who go out for a fine dining meal after 10 p.m.
Mr. Johnson verified the applicant owns the space behind the building where the egress will be
located.
Mr. Durant said the style of the rail will be similar to fire escapes on adjacent buildings.
Ms. Cook asked if it would be the recommendation to eliminate condition No. 9 and make it part of
the special use permit process, as was done with the previous rooftop patio request. Mr. Pogge
responded in the affirmative, but noted special use permits vary depending on circumstances
such as location, proximity to sidewalks, etc.
On a question by Mr. Johnson, Mr. Durant said he is no longer proposing glass panels for the
rooftop railing.
Mr. Johnson asked about lighting; Mr. Durant said he is looking at LEDs, spaced about 6' apart
and mounted about 5' above the dining area; he said the lights would be on a dimmer. Mr. Durant
said the main source of light will be umbrella lights that fit on the umbrella in the center of the table
and allow guests the opportunity to control lighting level.
On a question by Ms. Cook, Mr. Pogge said as part of the building permit, the applicant will be
required to have a structural engineer review the roof.
Mr. Johnson moved to approve with conditions: that condition No.9 be removed, that condition
No. 4 be replaced with approving a simple, metal picket fence with vertical pickets and top and
bottom black steel bar for both the egress stairs and roof perimeter and that the egress stairs
make the full 180- degree turn at the bottom; and eliminating the condition regarding submission of
the lighting plan, accepting table lights and LED lights placed around the perimeter and mounted
4 -5' above the deck elevation. Mr. Brach seconded the motion; motion passed unanimously.
NEW BUSINESS
Mr. Pogge stated the State Historic Preservation Office has awarded the City a grant for both the
podcast project and the local designation district project. He said he believes the City also will be
receiving a CLG grant.
Mr. Lieberman noted that Brian Larson had been interviewed to fill Mr. Tomten's position on the
Commission and said he thought it fair to say the Commission would recommend his
appointment. Mr. Zahren, seconded by Mr. Johnson, moved to recommend that the Council
appoint Brian Larson; motion passed unanimously.
Mr. Johnson noted there is a new infill house being constructed on Wilkins Street west of Everett
near Staples Field. Several members said they thought that is a remodeling project, not new
construction.
Meeting was adjourned at 9:15 p.m. on a motion by Mr. Zahren.
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