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HomeMy WebLinkAbout2012-08-13 CPC MINPLANNING COMMISSION MEETING MINUTES August 13, 2012 7:00 P.M. Present: Commissioners Kelly, Siess, Kocon, Lauer, Hansen, City Councilmember Menikheim Absent: Commissioners Buchanan, Dahlquist, Rodriguez Staff present: City Planner Pogge, Assistant City Planner Finley, Community Development Director Turnblad Commissioner Kocon called the meeting to order at 7:00 p.m. It was noted that the Vice Chairman has resigned the commission, leaving a vacancy. Motion by Commissioner Siess, seconded by Councilmember Kelly, to nominate Michael Kocon as Vice Chair. All in favor. APPROVAL OF MINUTES Commissioner Siess pointed out that Mr. Kocon was absent from the meeting so should not be listed as present. On page 8, the motion to table the chicken ordinance was seconded by Mr. Hansen. On page 13, the motion to adjourn was made by Ms. Siess. Motion by Commissioner Hansen, seconded by Commissioner Lauer, to approve the July 9, 2012 minutes with the corrections noted. 4-0 in favor (Commissioner Kocon abstained). OPEN FORUM Councilmember Menikheim informed the commission that acting as a citizen, he had of an amendment to an existing special use permit for construction of a rooftop deck and bar at Rafters, 317 Main Street South. He felt that, due to safety concerns and ramifications for the city, a decision of this magnitude should rest with the city council, adding that further information had come out that commission was not privy to at the time. PUBLIC HEARINGS Case No. 2012-25. A zoning text amendment regarding Chapter 27, Section 27, for the keeping of chickens in the City of Stillwater. Tisha Palmer, applicant. Continued from the July 9, 2012 meeting. Page 1 of 5 Planning Commission August 13, 2012 language and adding performance standards on coop design. Staff also looked at other d at whether coops should be heated, which he said is debated among chicken keepers - there is no consensus. Language recommended holds the chicken keeper responsible for informing the city how they propose to regulate heat so birds stay healthy. Mr. Turnblad explained the sections of the proposed ordinance. Ms. Siess asked if the ordinance addresses selling eggs. Mr. Turnblad replied it does not, because the size of flock would not allow for that many eggs to be produced. The applicant, Tisha Palmer, asked why are there so many regulations about how and where to keep chickens compared with none about how and where to keep dogs, which also require a license. She said the proposed regulations, especially on coop design, seem overly strict. Mr. Turnblad responded that because urban dwellers have more experience with dogs than chickens, most cities want to be proactive about helping people tend them properly. Mr. Kocon commented that the permit process gives chicken keeping more legitimacy and assures the makes everybody a little more comfortable. Mr. Turnblad went over regulations related to the coop: it must be in the backyard, must be weather tight, kept clean, have a pen attached so chickens can run free someplace, the pen needs to keep out vermin and predatory animals, must be well drained, and requires 10 square feet of coop and pen area for each bird. Amy McKee, 601 Fourth Street South, told the commission the coop size requirements are very prohibitive and for many, would take half the yard. She criticized the city for re- doing a lot of the research that the chicken advocates had already done. Commissioner Hansen asked if a yard is fenced already, do chickens require another caged area? Mr. Turnblad replied they need an area of 10 square feet per bird of protected outside area - - it can be the remainder of the backyard as long as nothing is getting in or out - or it can be a mobile pen area. Ms. Palmer explained there is a mobile chicken tractor, an enclosure that can move to different sections of the yard. Page 2 of 5 Planning Commission August 13, 2012 Mr. Turnblad agreed the tractor is an option. There must be a total of 940 square feet for everything. Ms. Palmer asked, with written permission of neighbors, would the commission be open to allowing chickens to be free range in the backyard? Commissioner Lauer asked if the city is more concerned with the welfare of chickens or neigh Commissioner Siess stated this is a big leap for Stillwater - public confidence is important. She said she has no problem with allowing the mobile tractor. Commissioner Hansen expressed concern about enforcement issues of a complaint- driven system, for instance if permission is obtained from neighbors, but the neighbors move. great first step, and the city can build on it as time goes on. Vice Chair Kocon closed the public hearing at 7:46 p.m. Ms. Siess stated she would like to amend language to include the mobile chicken tractor as an option. Motion by Commissioner Siess, seconded by Commissioner Hansen, to approve with the amendment including the tractor as an option. All in favor. Mr. Turnblad told the commission this will go to the city council September 18. Case No.. 2012-26. A variance request to the steep slope setback requirements for the construction of a detached garage located at 107 Everett Street South in the RB, Two- Family Residential District. Mike and Wendy Johnson, applicants. Assistant City Planner Brian Finley explained the request and reported the assistant city engineer had no concerns. Vice Chair Kocon opened the public hearing at 7:51 p.m. Applicant Mike Johnson, 12 Founders Green, Hudson, asked if the commission would approve a two foot addition to the south side to move the stairs over two feet. Mr. Finley stated this is alright as long as the 15 foot setback from the slope remains. Vice Chair Kocon closed the public hearing at 7:57 p.m. Page 3 of 5 Planning Commission August 13, 2012 Motion by Commissioner Hansen, seconded by Commissioner Lauer, to approve the request, including language that it may extend an additional two feet to the south as long as it maintains a 15 foot setback from any slope greater than 24%. All in favor. Case No. 2012-27. A variance request to the side yard setback for a carport and stacked screened in porch located at 936 Third Avenue South in the RB, Two Family Residential District. William and Jodi Defiel, applicants. Mr. Pogge explained the home was originally constructed in 1884 with an addition of a garage in 1994 under a variance to front yard setback, with the condition that the addition be no taller than existing structure. The proposed new portion is to be in front of the home but to the east. Staff initially opposed the request, but became convinced that the proposed addition will be screened from most properties in the area by the existing recommends approval with the addition being no taller than the existing structure. Vice Chair Kocon opened the public hearing at 8:06 p.m. Mr. Lauer asked the applicants if they agree with roof lines being equal. The applicants stated they are fine with it. Motion by Commissioner Siess, seconded by Commissioner Kelly, to approve the variance. All in favor. Case No. 2012-28. A variance request to the required setback for an attached garage located at 317 William Street North in the RB, Two Family Residential District. Shannon Mulvehill, applicant. Vice Chair Kocon opened the public hearing at 8:12 p.m. Motion by Commissioner Kelly, seconded by Commissioner Kocon, to continue to the Case No. 2012-29. A variance to the flood plain regulations for the renovation of restrooms located 204 Nelson Street East in the CBD, Central Business District. City of Stillwater, applicant. Vice Chair Kocon opened the public hearing at 8:13 p.m. Motion by Commissioner Lauer, seconded by Commissioner Hansen, to table the Page 4 of 5 Planning Commission August 13, 2012 OTHER BUSINESS Ms. Siess remind cable viewers there is an opening on the commission. Interested residents may call 651-430-8800, Diane Ward, for an application packet. Mr. Pogge thanked Brian Finley who has been interning with city the past three months, saying he has been a great asset in the department. ADJOURNMENT Motion by Commissioner Hansen, seconded by Commissioner Kocon, to adjourn. All in favor. The meeting adjourned 8:16 p.m. Respectfully Submitted, Julie Kink Recording Secretary Page 5 of 5