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HomeMy WebLinkAbout2012-09-10 CPC MINPLANNING COMMISSION MEETING MINUTES September 10, 2012 REGULAR MEETING 7:00 P.M. Chairman Dahlquist called the meeting to order at 7:00 p.m. Present: Chairman Dahlquist, Commissioners Siess, Kocon, Hansen, Lauer Absent: Staff: City Planner Pogge APPROVAL OF MINUTES Motion by Commissioner Siess, seconded by Commissioner Kocon, to approve the August 13, 2012 meeting minutes. All in favor. OPEN FORUM There were no public comments. PUBLIC HEARINGS 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. Continued from the August 13, 2012 meeting. City Planner Pogge explained the variances involved in the request. Ms. Mulvehill plans to demolish the current home and construct a new home. On September 5, the Heritage Preservation Commission approved the house design being presented tonight. A six foot front yard variance for the porch, an eight foot front yard variance for the garage, a 15 foot rear yard variance, and a variance to maximum allowable lot coverage are being requested. The lot is substandard, as it was platted in 1882, so the nonconformity was not created by the present homeowner. Staff believes the requests appear to meet the criteria required for the granting of the variances and recommends approval with four conditions. Ms. Mulvehill stated the neighbors are supportive of the requests. There were no public comments during the public hearing. Motion by Commissioner Hansen, seconded by Commissioner Kocon, to approve the variance with the conditions listed. All in favor. Case No. 2012-29. A variance to the flood plain regulations and St. Croix Riverway for the renovation of restrooms located at 204 Nelson Street East in the CBD, Central Page 1 of 6 Planning Commission September 10, 2012 Business District. City of Stillwater, applicant. Continued from the August 13, 2012 meeting. City Planner Pogge said variances are being requested to the flood plain standards (500 square feet allowed, 720 square feet requested) and to the required setback from the St. Croix River (a ten foot variance is being requested). The existing restroom would be demolished and a new 24 x 30 restroom would be built with five stalls in each side. The lift station will remain. Staff believes the proposal is reasonable, meets the criteria needed to grant the variances and recommends approval with 13 conditions. City Planner Pogge responded that it is hoped to keep the current foundation and footings in place and minimize the disturbance to the site due to soil contamination. building is much taller than the existing one and may block the river view. City Planner Pogge stated that the building is constructed to act as part of the flood wall itself. At 20 feet high, it just meets city code. This area is fairly marginal for views; leaving the structure in its current location will preserve the good views. The Commission looked at it preliminarily and had some concerns with the design of the structure, but has not yet made a recommendation. Public Works wants to get all the permits through the DNR in a timely way, then go out for architectural services, and would then take it back to the HPC for its review, as well as the City Council which would have to authorize the project. City Council Representative Menikheim asked if the wall between the new restroom and the lift station will be waterproof. City Planner Pogge responded that it will be waterproof and act as a flood barrier. Commissioner Siess questioned why the HPC would be concerned with the design. City Planner Pogge replied that the current building was built by the architect who designed the Dock Cafe and other downtown buildings, so from a preservation feels the new building should fit with the lift station, the Dock Cafe, and the Freight House. There were no comments during the public hearing. Commissioner Lauer pointed out more bathrooms are definitely needed downtown and he supports the project. Page 2 of 5 Planning Commission September 10, 2012 Commissioner Siess agreed. Chairman Dahlquist reminded the Commission it will be a larger structure than what is there now but if the Parks Commission and HPC approve, he would agree with their determination. Motion by Commissioner Kocon, seconded by Commissioner Siess, to approve the variances with the 13 stated conditions. All in favor. Case No. 2012-21. A variance to the bluffline setback for the construction of a wrap- around-porch located at 322 Broadway Street South in the CBD, Central Business District. Mark Balay, representing Brian Brosdahl and Heather Fox, applicant. Community Development Director Bill Turnblad reviewed the proposal. The proposed eight foot wide porch would wrap around the front of the home. A portion of the porch encroaches into the 30 foot setback area from the bluff. A ten foot variance is requested so that corner of the porch would be allowed to be set back about 20 feet from the bluff. Staff believes the proposal meets the criteria required for granting the variance. Because the property is highly visible from many vantage points, staff recommends the proposal go to the HPC for design review before a permit is issued. Mark Balay, representing the applicants, offered to answer any questions. Chairman Dahlquist asked if there are any potential impacts to the integrity of the bluff. Community Development Director Turnblad stated that because the 12-foot wide driveway surface is already impervious, the proposal will not impact runoff and there is no vegetation on this portion. Mr. Balay added that the drainage system incorporated into nearby Teddy Bear Park helps control runoff from this site. Brian Brosdahl, applicant, told the Commission that he understands the home is in a prominent position and it is his intent to follow all the required guidelines of the HPC and the Conservation District. There were no comments during the public hearing. Motion by Commissioner Hansen, seconded by Commissioner Siess, to approve the variance. All in favor. Commissioner Kocon thanked staff for materials that made it easier to find the house. Page 3 of 5 Planning Commission September 10, 2012 Case No. 2012-31. A minor Zoning Text Amendment for above-grade patios and above-grade decks. City of Stillwater, applicant. City Planner Pogge explained that on August 21, the City Council requested that staff draft an amendment to require that all above grade, rooftop patios be reviewed and acted on by the City Council. Currently, Special Use Permits required for outdoor eating establishments are granted by the Planning Commission. This change would add a minimum of 22 days to the review process; applications would still go before the Planning Commission for a recommendation before going to the Council Representative Menikheim stated the amendment places accountability on the City Council and he supports it. Commissioner Siess commented it relieves the Commission of liability. There were no comments during the public hearing. Commissioner Kocon stated he believes the Planning Commission is capable of making these sorts of decisions; they can always be reviewed by the City Council. Commissioner Hansen agreed, adding that if a citizen would like to appeal a decision, they can go before the City Council, so the present process works. Commissioner Siess pointed out that the appeal process can be costly. She asked if the Commission wants to have that amount of liability. Commissioner Lauer agreed with Councilmember Menikheim. The Commission is fully capable of making the decisions b terms of protecting the City. He could go either way. Chairman Dahlquist stated he disagrees with Councilmember Menikheim on the need for City Council authorization and is not in favor of the amendment. The City of Stillwater is unique in that the Planning Commission has a certain level of authority to make decisions; this is a good thing that allows the Commission to take what it does very seriously. There is always the opportunity for decisions to be appealed to the City Council. Motion by Commissioner Kocon, seconded by Commissioner Hansen, to reject the ordinance amendment as proposed. Commissioner Siess questioned timelines of materials going to the City Council in packets, should the Council wish to revisit a Planning Commission decision. in order to make an appeal. Page 4 of 5 Planning Commission September 10, 2012 Chairman Dahlquist reminded the Commission that the Council has always had the option to appeal a Planning Commission decision. Commissioner Kocon pointed out that the role of the Planning Commission is to represent the citizenry. He feels the Commission represents all citizens of the City -making authority very seriously. Ayes: Chairman Dahlquist, Commissioners Kocon, Hansen, and Siess Nays: Commissioner Lauer NEW BUSINESS There was no new business. OTHER BUSINESS Proposed change of Planning Commission meeting date in October. Community Development Director Turnblad stated he will be out of town on October 8 when a public hearing for the Armory might be scheduled. However the application submitted in time. The fire station portion of the project is not ready for an application. He is checking into whether Col. Jensen is able to wait the extra month, but if he is not able to, could the meeting be moved to October 15? Commissioners felt that would be OK if needed. Community Development Director Turnblad agreed to let the Commission know if the meeting needs to be moved. City Planner Pogge stated the city council approved the application and added a condition requiring that at least 60% of sales on the rooftop be food. Applications Chairman Dahlquist reminded everyone that the Commission is accepting applications for members. ADJOURN Motion by Commissioner Kocon, seconded by Commissioner Siess, to adjourn the meeting at 8:24 p.m. Page 5 of 5