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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 u FREIGHT HOUSE PATIO BAR UPDATE STILLWATER MINNESOTA ARCHNET a n ci • 8AR n n n 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 u s a 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 3/4 " =l' -0" ARCHNET u D a I'll