HomeMy WebLinkAbout2013-03-11 CPC PacketIllwater
THE BIRTHPLACE O F MINNESOTA
CITY OF STILLWATER
PLANNING COMMISSION
NOTICE OF MEETING
Monday, March 11, 2013
7 p.m.
The City of Stillwater Planning Commission will meet on Monday, March 11, 2013 at 7 p.m. in the Council
Chambers at Stillwater City Hall, 216 North Fourth Street. City of Stillwater Planning Commission regular
meetings are held at 7 p.m on the second Monday of each month. All City Planning Commission meetings
are open to the public.
AGENDA
1. CALL TO ORDER
2. APPROVAL OF February 11, 2013 MINUTES
3. OPEN FORUM The Open Forum is a portion of the Commission meeting to address
subjects which are not a part of the meeting agenda. The Commission may reply at the
time of the statement or may give direction to staff regarding investigation of the concerns
expressed. Out of respect for others in attendance, please limit your comments to 5
minutes or less
4. PUBLIC HEARINGS. The Chairperson opens the hearing and will ask city staff to provide
background on the proposed item. The Chairperson will ask for comments from the
applicant, after which the Chairperson will then ask if there is anyone else who wishes to
comment. Members of the public who wish to speak will be given 5 minutes and will be
requested to step forward to the podium and must state their name and address. At the
conclusion of all public testimony the Commission will close the public hearing and will
deliberate and take action on the proposed item.
4.01 Case No. 2013 -05. An amendment to an existing special use permit for the addition of a
exterior bar with a roof structure at the caboose located at 305 Water Street South, The Freight House,
in the CBD, Central Business District. Aspire Development, applicant.
5. NEW BUSINESS
6. OTHER BUSINESS
7. ADJOURNMENT
THE /IArN /LACE OF MINNESOTA
PLANNING COMMISSION MEETING MINUTES
February 11, 2013
REGULAR MEETING 7:00 P.M.
Chairman Kocon called the meeting to order at 7:05 p.m.
Present: Chairman Kocon, Commissioners Buchanan, Hansen, Siess, Lauer, Kelly, Collins
and Council Representative Weidner
Absent: Commissioner Hade
Staff: Community Development Director Turnblad
APPROVAL OF MINUTES
Commissioner Hansen requested a correction to indicate he was not present at the meeting.
Commissioner Lauer pointed out it appears he both made a motion and seconded it. Commissioner
Siess should be noted as second for the minutes.
Motion by Commissioner Hansen, seconded by Commissioner Lauer, to approve the January 14, 2013
meeting minutes as corrected. All in favor. 6 -0. Commissioner Collins abstained.
PUBLIC HEARINGS
Case No. 2013 -02. A variance request to the front yard setback (30 ft required, 15 inches requested) for
the construction of an addition to front porch located at 1419 Ramsey Street West in the RA, Single
Family Residential District. Jon and Ann Whitcomb, applicants.
Community Development Director Turnblad explained the request. Currently the home has no front
door. It appears that the front door was moved during one of the renovations to the home over the
years. Additionally the gas and power services are on the front of the home which impacts the
overall design of the home. The plan is to relocate the utilities to the side of the home and construct a
new porch and front door facing Ramsey St. In order to construct the new porch the applicant is
requesting a 28 foot 9 inch variance to the front yard setback for a seven foot deep open porch (30
feet required, 1 foot 3 inches requested). Staff recommends approval.
Jon Whitcomb, applicant, 8602 Neal Avenue, Stillwater, stated this is the 30th or 35th old residence
he has renovated in Stillwater over a 30 year period. He has never seen a door on the side such as
this. He feels the porch will be appropriate relative to other homes in the neighborhood.
Motion by Commissioner Kocon, seconded by Commissioner Siess, to approve the variance. All in
favor, 7 -0
Planning Commission February 11, 2013
OPEN FORUM
There were no public comments.
PUBLIC HEARINGS CONTINUED
Case No. 2013 -03. A variance modification to a previously approved variance for the encroachment of
an attached garage into the rear yard setback (20 feet required, 6 inches requested) and side yard setback
(11' 6" required and 1' 6" requested) located at 322 Broadway Street South in the CBD, Central Business
District. Mark S. Balay Architects, representing Brian Brosdahl, applicant.
Community Development Director Turnblad explained the request. Brian Brosdahl and his family
plan to expand their home. Part of the planned addition will connect the existing detached garage to
the house. Minimum required rear and side lot line setbacks for detached garages are less than for
detached garages. Therefore, even though the garage is not changing size or location, by attaching it
to the house, it is required to have increased setbacks. The Brosdahl -Fox family is asking for a
variance from these increased setbacks. Also, a conservatory is planned. The conservatory would
maintain the minimum required front yard setback of 15 feet, but would only have about a 5 foot
side setback. The minimum required side setback for the conservatory is 11 feet 6 inches. Therefore,
a variance from this side setback is needed. Finally, the planned porch on the north side of the house
encroaches into the required bluff setback area, but it received a variance to do so in 2012 and
therefore is not addressed as part of this case. He noted the improvements will not impact
surrounding neighbors' views, the side lot lines are very irregular, and no river views are impacted,
so the spirit and intent of the criteria are met. Staff recommends approval.
Mark Balay, 416 South Fifth Street, representing the applicant, mentioned he worked hard to keep
this addition within the area proposed and it will greatly improve the appearance of the house.
Brian Brosdahl, applicant, thanked the Commission for the previously granted variance for the
porch. He added the porch will have a Queen Anne architectural style. The applicants have
consented to have the proposal reviewed by the Heritage Preservation Commission, even though that
is not required, because of the house's prominent location.
Motion by Commissioner Hansen, seconded by Commissioner Laure to approve the setback variances
and addition setback variances. All in favor, 7 -0
OTHER BUSINESS
Housing Maintenance Ordinance Review
Community Development Director Turnblad explained that the City Council directed the City
Attorney to draft an ordinance that would address some of the maintenance issues associated with
residential building stock. The first reading of the proposed Ordinance took place before the Council
on December 4, 2012 and the Council referred the draft to the Planning Commission for comments.
The proposed ordinance, known as the "Minimum Property Maintenance Standards Ordinance," has
two principle purposes. The first is to aid the City in its efforts to mitigate problems associated with
vacant houses by requiring that all owners of vacant properties register those properties. The hope is
that if the City has current contact information for the owners, then problems can be more efficiently
Page 2 of 4
Planning Commission February 11, 2013
communicated and resolved. If a property is vacant for more than 6 months, its owner would have to
register the property. The annual registration fee would be $1,000. The ordinance also provides
minimum exterior maintenance standards for residential structures, both houses and accessory
buildings. If exterior systems such as drainage, foundations, walls, roofs, windows, stairs, porches,
etc. are not kept in an adequate state of repair (as loosely defined by the ordinance), then the City
will encourage the property owners to improve the property.
Commissioner Buchanan stated the $1,000 fee seems high and asked if this is typical for other cities
in the Metro area.
Community Development Director Turnblad replied $1,000 is about the average. Minneapolis and
St. Paul charge a lot more. It is designed to cover the time that City staff put into it. It also is meant
as somewhat of a deterrent to demolition by neglect.
Chairman Kocon asked if nonpayment of the fee creates a lien against the property, as this would put
some real teeth in the ordinance.
Community Development Director Turnblad said it probably doesn't but he can find out.
Commissioner Siess asked what is the incentive for a property owner to do the improvements.
Community Development Director Turnblad replied that the City will stop bothering them. But there
is no incentive to actually assist the property owner to do the maintenance. Planning staff usually
works a long time with a homeowner to get them to take care of their property. Once it is turned over
to the police, there are many disincentives.
Commissioner Cameron said he thinks the $1,000 vacancy registry fee is appropriate.
Commissioner Hansen asked how firm the six month period is. For instance if someone leaves town
for seven months will that be an issue?
Community Development Director Turnblad replied that Staff has been thinking about ways to
provide exceptions for reasonable things. For instance, it isn't the intention to require registration of
properties of homeowners who routinely go south in the winter.
Chairman Kocon remarked the definition of vacant might need to refer to owner - occupied, or
homesteaded to account for those who have extended absences but have not vacated the house.
Commissioner Buchanan added that perhaps when someone will be out of town for seven months
perhaps there could be a lesser fee or no fee so the City could have the contact information of the
owner and there is a way the City can communicate with the owner as a courtesy.
Commissioner Hansen stated he doesn't like the idea of creating a registry of people who aren't in
their homes for the winter. That is not the City's business.
Community Development Director Turnblad said that is not the intent. It works better as a
complaint- driven process. Staff does not want this to be a list of people who are on long vacations
or went south.
Page 3 of 4
Planning Commission February 11, 2013
Commissioner Hansen asked how to determine when the six month time period starts.
Community Development Director Turnblad replied there are ways to guess whether it has been
years or months. It is intended for those properties whose owners have no intention to return. A
distinction can be drawn between vacating with no intent to return, and a temporary absence. Staff
will work on ways to draw the distinction.
Vacancy
Chairman Kocon said the Council representative and he interviewed eight excellent applicants and it
was a difficult process to select one. All applicants were very well qualified. They are confident in
the skills that Jenna Fletcher and Gim Middleton will bring to the Commission.
ADJOURNMENT
Motion by Commissioner Hansen, seconded by Commissioner Buchanan, to adjourn the meeting at 7:55
p.m. All in favor.
Respectfully Submitted,
Julie Kink
Recording Secretary
Page 4 of 4
illwater
THE BIRTHPLACE O F M I N N E S O T A
Planning Commission
DATE: March 7, 2013
APPLICANT: RS Stillwater LLC represented by Aspire Development
REQUEST: Amendment to the special use permit for the Freight House
Caboose Bar to allow a new exterior bar with roof structure
CASE NO.: 2013 -05
LOCATION: 305 Water Street S
COMPREHENSIVE PLAN DISTRICT: DMU - Downtown Mixed Use
ZONING: CBD - Central Business District
PC DATE: March 11, 2013
REVIEWER: Bill Turnblad, Community Development Director
PePREPARED BY: Melissa Douglas, Interim City Planner
BACKGROUND
The Freight House building is individually listed on the National Register of Historic
Places. Additionally, the building is located in the core Stillwater Commercial Historic
District as listed on the National Registry of Historic Districts and is a contributing
building to the District. The building was built in 1883 originally as the Chicago,
Milwaukee Sr St Paul passenger and freight depot.
In 1987, a special use permit was issued for a new deck and the Caboose Bar at the
Freight House. The special use permit limited the seating capacity for the new deck to
80 tables and 320 chairs. Variances were also approved to allow a 2 -foot setback for the
caboose from the north property line and for a zero -foot setback for the deck from the
east property line.
In 1996, the special use permit was amended to allow for the construction of a small
(150 square feet) kitchen addition to the caboose. No expansion of the seating capacity
was granted with this approval.
The applicant requested design review in 2012 for an expanded Caboose bar with a flat
roof over the new bar to serve as a deck /stage with stairs. The 2012 design review
305 Water St S, Freight House Caboose Bar Addition
Page 2
approval required the stairs and railing to be removed from the roof because of the
need for a special use permit for outdoor music. This current application revises the
2012 design.
SPECIFIC REQUEST
Because of the potential to disturb surrounding residential neighbors, the zoning code
was amended in 2012 to require a special use permit for outdoor eating establishments
approved by the City Council.
The applicant is requesting an amendment to their special use permit to expand the
outdoor Caboose bar at the Freight House. The proposal calls for adding a new roof and
bar area on the south side of the caboose. The new roof would have a pitch similar to
the existing Freight House building. Another small roof addition is proposed over an
expanded food ordering counter. Proposed materials include metal standing seam
roofing, exposed wood beams and corrugated metal skirting around the bar.
Lighting changes will be included as part of the roof elements over the bar and food
counter with fixtures in the structure projecting down on the bar for direct light, or up
off the ceiling for indirect lighting. General lighting of seating areas will continue to
utilize the lighting in the area and on the existing building.
The sound system configuration currently in place will remain.
EVALUATION OF REQUEST
The Heritage Preservation Committee (HPC) reviewed the proposal at their March 4,
2013 meeting. They unanimously approved the design review permit with the
following conditions:
1. This permit replaces the Design Review Permit issued on March 5, 2012 as it
pertains to the Caboose bar expansion and roof additions.
2. Any revisions to the approved plans shall be reviewed and approved by the
Heritage Preservation Commission.
3. Final materials and colors shall be consistent with existing colors and materials
used on the Freight House. Material samples and colors shall be submitted and
approved by the City Planner prior to the issuance of a building permit.
4. Final lighting plans shall be submitted and approved by the City Planner prior to
the issuance of a building permit.
5. Roof plans shall be modified to include a cricket at the juncture of the existing
caboose roof and the new bar roof. Final roof plans shall be submitted and
approved by the City Planner prior to the issuance of a building permit.
6. No increase in seating capacity is granted by this permit.
7. No additional signage without HPC approval.
305 Water St S, Freight House Caboose Bar Addition
Page 3
The original special use permit established a maximum seating capacity for the Caboose
bar and deck area of 80 tables and 320 seats. Plans submitted with the current
application show seating on the patio only of 20 tables, 18 with seating for two and two
with seating for four for a total of 44 seats. The plans show new seating at the bar to
include 15 seats for a total of 59 seats. Review of an aerial photograph shows
approximately 20 tables on the patio with seating of about 70. The applicant's architect
reports that, with the increase in the size of the bar and food ordering counter, there is
an overall loss of seating area of about 10 seats. Since no expansion of seating is
proposed, no additional off -site parking is required.
ALTERNATIVES
The Planning Commission has the following options:
1. Approve the requested special use permit amendment.
2. Deny the requested special use permit amendment.
3. Continue the public hearing until the April 8, 2013 Planning Commission
meeting. The 60 -day decision deadline for the request is April 18, 2013.
CONDITIONS FOR APPROVAL
If the Commission chooses to approve the project, staff would recommend the
following conditions of approval:
1 Any revisions to the approved plans shall be reviewed and approved by the
Planning Commission.
2. The project shall be constructed in accordance with plans prepared by Archnet
USA submitted February 19, 2013 as on file in the Community Development
Department. All minor modifications to the plans shall be approved in advance
by the City Planner.
3. Final lighting plans shall be submitted and approved by the City Planner prior to
the issuance of a building permit.
4. No increase in seating capacity is granted by this permit.
RECOMMENDATION
Staff recommends that the Planning Commission approve the amendment to the special
use permit as conditioned.
Attachments: Location Map, Site and Exterior Elevation Plans and Aerial Photo
PARTIAL SITE PLAN
1/16 " =1' -0"
EXISTING FREIGHT HOUSE
EXG.
KITCHEN
NEW ROOF
FREIGHT HOUSE PATIO BAR UPDATE
STILLWATER MINNESOTA
ARCHNET
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FREIGHT HOUSE PATIO BAR UPDATE
STILLWATER MINNESOTA
ARCHNET
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4' 1 3/4"
30
FOOD
ORDER
WINDOW
EXISTING
CA8008E
EXISTING
KITCHEN
FREIGHT HOUSE PATIO BAR UPDATE
STILLWATER MINNESOTA
FLOORPLAN
1 /4 "= l' -0"
ARCHNET
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METAL STANDING SEAM
ROOF ON ICE 4 WATER
SHIELD ON
PLYWOOD SHEATHING
ON
2X8 FRAMING * 24' OC
2X6 FASCIA
3 -2X10 BEAMS
6X6 POST
4X4 BRACKET
POURED CONCRETE BAR TOP
CORRUGATED METAL ON PLYWOOD
SHEATHING ON 2X STUDS 24" OC
CONC. SILL BLOCK / FOOT REST
8" CONC. BLOCK BASE
FREIGHT HOUSE PATIO BAR UPDATE
STILLWATER MINNESOTA
SECTION
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