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HomeMy WebLinkAbout2013-08-12 CPC Packetj1lwater T H E B I R T H P L A C E O F M I N N E S O T A CITY OF STILLWATER PLANNING COMMISSION NOTICE OF REGULAR MEETING PLANNING COMMISSION MEETING 7:00 P.M. City of Stillwater Planning Commission will meet on Monday, August 12, 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 June 10, 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 -20. A variance request for the installation of a golf netting system located at 1320 Amundson Place in the RA, Single Family Residential District. Kim Gipple, applicant. 5. NEW BUSINESS 5.01 Discussion on zoning code amendment for the Cottage Residential District. 6. OTHER BUSINESS 7. ADJOURNMENT TOE $INTNELACE OF OIONEEOTN PLANNING COMMISSION MEETING MINUTES June 10, 2013 REGULAR MEETING 8:00 P.M. Chairman Kocon called the meeting to order at 8:07 p.m. Present: Chairman Kocon, Commissioners Collins, Fletcher, Hade, Hansen, Kelly, Lauer, Middleton, Seiss, Council Representative Weidner Absent: None Staff: Community Development Director Tumblad, City Planner Wittman APPROVAL OF MINUTES Motion by Commissioner Fletcher, seconded by Commissioner Hade, to approve the May 13, 2013 meeting minutes. All in favor, 9 -0. OPEN FORUM There were no public comments. PUBLIC HEARINGS Case No. 2013 -18. A special use permit for an accessory dwelling unit and a variance to the bluff line setback for the construction of a garage with a second level and sunroom located at 208 Chestnut Street West in the RB, Two Family Residential District. Mark Balay, representing Richard Dirnberger, applicant. Community Development Director Turnblad explained the request. The applicants would like to replace their existing garage, which is in poor repair. The architect and client have decided to rescind the sunroom portion of the request and make the new garage smaller in scale. There are two variances required: 1) a bluff line slope setback variance; 2) a front yard setback variance of 2.5 feet. Mark Balay, representing the applicants, explained the proposal which also will correct a drainage problem. The Heritage Preservation Commission approved the architectural design. Soil correction is needed to remedy uncontrolled fill that was previously placed there, but the bluff line will not be changed. Runoff from the roof will go into a french drain to be redirected, enhancing the stability of the bluff. Chairman Kocon closed the public hearing. Planning Commission June 10, 2013 Commissioner Seiss expressed concern about bluff line erosion. She would prefer the garage be flush with the house and further from the bluff line. Commissioner Hansen said he would prefer to eliminate the need for the 2.5 foot front yard setback variance. Mr. Balay stated the setback requirement's purpose is to protect the character of the neighborhood and prohibit garages from dominating the front of the house. The proposal fits the neighborhood and the proposed garage is nowhere near the street. The neighbor's garage is exactly the same distance into the front yard as the proposed garage. Commissioner Fletcher noted she appreciates the applicants' attention to the erosion issue. Motion by Commissioner Fletcher, seconded by Commissioner Middleton, to recommend approval of the special use permit for an accessory dwelling unit, and two variances: to the bluff line setback allowing the two story garage within 30 feet of the 25% slope, and the 2.5 foot variance to the front yard setback, for the construction of a garage with a second level located at 208 Chestnut Street West in the RB, Two Family Residential District, as conditioned, Case No. 2013 -18. Motion passed 8 -1, Commissioner Collins opposed. Case No. 2013 -19. A variance to the sign regulations for a sign for Pub 112 located at 112 Main Street North in the CBD, Central Business District. Sam Leon, applicant. City Planner Wittman explained the request. The applicant is requesting a variance for a sign with a total area of 47.6 square feet, 28 square feet allowed. There is an existing illuminated frame that predates the establishment of the Downtown Historic District. The applicant wishes to use the existing frame and illumination. Sam Leon, applicant, explained he would like to use the existing sign frame. Chairman Kocon closed the public hearing. Motion by Commissioner Hansen, seconded by Commissioner Hade, to approve the variance to the sign regulations for a sign for Pub 112 located at 112 Main Street North in the CBD, Central Business District, as conditioned, Case No. 2013 -19. All in favor, 9 -0. NEW BUSINESS There was no new business. ADJOURNMENT Motion by Commissioner Hansen, seconded by Commissioner Collins, to adjourn the meeting at 9:00 p.m. All in favor, 9 -0. Respectfully Submitted, Julie Kink Recording Secretary Page 2 of 3 (Si' FNE EIRFPLA"E OF N NNE9 A PLANNING COMMISSION DATE: August 8, 2013 APPLICANT: Kim Gipple, Representative CASE NO.: 2013 -20 REQUEST: Consideration of a 29' variance to the fence regulations for the installation of a protective netting system to be located at 1320 Amundson Place ZONING: RA — One Family Residential COMP PLAN DISTRICT: Low Density Residential PREPARED BY: Abbi Jo Wittman, City Planier� REQUEST The applicant is requesting consideration of a fence variance for a golf netting system to be located at 1320 Amundson Place. The netting system, supported by two steel poles, would be 35' in height and 50' in width. APPLICABLE REGULATIONS AND STANDARDS Section 31 -305, RA — One Family District, indicates the maximum height for a structure is 35'. Section 31 -508, Fence Regulations, indicates the maximum height for fence in residential districts is 6'. Section 31 -208, Variances, indicates the Planning Commission may grant a variance, but only when all of the following conditions are found: 1. The variance is in harmony with the general purposes and intent of this chapter. The general purpose and intent of the Zoning Code is to regulate and restrict use of land for the protection of public health, safety and welfare. The variance, if granted, would create greater safeguards for the residents of the property as well as those using the nearby golf course. 2. The variance is consistent with the comprehensive plan. No application elements are contradictory to the Comprehensive Plan. 3. The applicant for the variance establishes that there are practical difficulties in complying with this chapter. "Practical difficulties," as use in connection with the granting of a variance, means that all of the following must be found to apply:. i. The property owner proposes to use the land in a reasonable manner for a use permitted in the zone where the land is located, but the proposal is not permitted by other official controls; 1320 Amundson Place Page 2 The proposal of a protective golf netting system is reasonable for this property and its location to the gold course. The system would enable greater protection of the property. ii. The plight of the landowner is due to circumstances unique to the property and that are not created by the landowner; and As the representative indicates, the circumstances have been this way since the property owner's purchasing of the property in 2011. iii. The variance, if granted, will not alter the essential character of the locality. Golf netting systems are common in neighborhoods on golf courses. Economic considerations alone do not constitute practical difficulties. RECOMMENDATION Staff recommends approval of a 29' variance to the fence regulations for the structure located at 1320 Amundson Place based on the following condition: 1. The final design shall be approved by a structural engineer; and 2. The steel poles shall not be made of a reflective material; and 3. Staff shall review the final design for compliancy with this variance request. ATTACHMENTS Narrative Request Application Attachments (3) Certificate of Survey PLANNING ADMINISTRATION APPLICATION FORM COMMUNITY DEVELOPMENT DEPARTMENT CITY OF STILLWATER 216 NORTH FOURTH STREET STILLWATER MN 55082 Special /Conditional Use Permit X Variance Resubdivision Subdivision* Comprehensive Plan Amendment* ACTION REQUESTED • Case No: Date Filed: Base Fee: el?Oel Technology Fee: $25.00 Receipt No.: ©i3 °0 Zoning Amendment* Planning Unit Development * Certificate of Compliance Lot Line Adjustment 5-0e9A *An escrow fee is also required to offset the costs of attorney and engineering fees. The fees for requested action are attached to this application. The applicant is responsible for the completeness and accuracy of all forms and supporting material submitted in connection with any application. All supporting material (i e., photos, sketches, etc.) submitted with application becomes the property of the City of Stillwater. Only one copy of supporting materials are required. However, any documents larger than 11 x 17 must be submitted in paper and in pdf format. Review the Checklist to the Planning Administration Application Form for the complete list of required items that must be submitted. Any incomplete application or supporting material will cause your application to be rejected by the City. Required — Applications will be rejected without a legal description. A legal description is found on the deed to the property. Attach as an exhibit if necessary. After Planning Commission approvals, there is a 10 -day appeal period. Once the 10-day appeal period has ended, the applicant will receive a zoning use permit which must be signed and submitted to the City to obtain the required building permits. PROPERTY IDENTIFICATION Address of Project \'1-3. Nmvr,c:Sor\ \cu Assessors Parcel No. CO bO D`j`1OOaa (GEO Code) Complete Property Legal Description* \-.ohs `, •\ oc_\(y ,Oak lAen (*Required — Applications will be rejected without a legal description) Tax descriptions and property descriptions from the county are not acceptable. Zoning District��\ -0 description of Project `Q.S• "I hereby state the foregoing statements and all data, information and evidence submitted herewith in all respects, to the best of my knowledge and belief, to be true and correct. I further certify / will comply with the permit if it is granted and used." Property Owner Mailing Address City - State — Zip Telephone No. Email Required \oc‘ o, ..pp \e \'sao pe,,,),-, *c ` \ \Wcj.�ee\ SSO�oi - 'J`-ia - Oo -1-1 If other than property owner \& TV% u;CN\p .cs' \c\\_2c.�yecac.ve `.�'n \ \wo"".0 ■ m� SSA V-3\ . \) c \ -\\ Representative Mailing Address City - State — Zip Telephone No. Email Signature 5:\ PLANNING\ ADMINISTRATION\FORMS \PLANAPP.DOCX January 29, 2013 \ • J� YO (off ‘1C-oe • Lt, CYf (Sign : tur is required) July 15, 2013 City of Stillwater 216 North 4th Street Stillwater, MN 55082 Attn: Abbi Jo Wittman, City Planner Re: 1320 Amundson Place — Variance Request Dear Ms. Wittirnan, June 28, 2011 my mother, Gloria Gipple, purchased a home at 1320 Amundson Place. Her home is on the 5th fairway of the Oak Glen Golf Course and has a large yard and swimming pool. At the time of the purchase, the previous owners indicated they would fmd an occasional golf ball in their yard. Unfortunately, it did not take long for us to realize, this was far from the truth. On an average summer day, we find 5 to 15 golf balls in the backyard or pool. Being a golfer myself, I am aware how fast a golf ball can travel (average speed of a man's drive is 150mph) and when it hits a solid surface, it will hit hard. I have witness golf balls dropping from the sky and hitting the concrete so hard they bounce up and over the roof of the house - later to be found in the front yard. We've learned that when a ball rips through the trees we should take cover for a minute as a second one will typically follow (same golfer, same bad shot). It has become impossible for us to relax and enjoy the yard and pool for fear that someone will be hit by a golf ball or worse yet killed. Due to the dangers associated to flying golf balls, coupled with the fact that we have a pool and spend a great amount of time in our backyard — we are requesting a variance to install a golf netting system. A few facts (Attachment 1): • 5th hole is 398 -yards (from the men's white tee). • The white plate in the center of the fairway represents 150 -yards to the center of the green or 248 -yards from the tee box. This plate aligns with the diving board on the north -end of our pool. • The fairway is approximately 37 -yards wide or 110 -feet (at the white plate). • The rough, including the cart path, is approximately 33 -yards wide or 100 -feet (to our fence). • The fence to the backside of the house is approximately 25 -yards wide or 75 -feet. • In total...the center of the fairway to the back of the house is 76 -yards or 228 feet. The netting system details are (Attachment 2): • 35'(h) x 50'(w). • 2 steel poles (6 -5/8" diameter). • The netting would bisect the property in half, from the house to the golf course (at the 230 yard point). • It is our intent to work with Midwest Fence. The required netting system would be similar to those at the following Oak Glen properties (Attachment 3): • 920 Amundson Drive • 1850 Johnson Court • 1921 Oak Glen Place We appreciate your time and consideration for what has become a critical situation to our family. Should you have questions, do not hesitate to contact me at 651- 439 -1011. Thank you, Attachment 1 Attachment 2 Attachment 3 �EftTIFKATE OF SURYEY For: • HANS HAGEN HOMES , / l9/124,709c L/cL,s.L I t1C . 4lt "CS "4p "E Lot 4, Block 6219 <04- /1a.YJ WOOQ' /IuO N o, a // ° S + I it Q `' d� C. I� (32a 36 4, OAK GI,EN, W:,: :hington County, Minna ;ot:a. 9CALE:i Inch =,-t/L Feet 1 0 Denotes Iron 1 Bearings shown are on an assumed datum f Job No, o o; We hereby certify that this is a true and correct representation of a survey of the boundaries of the above described land end of the tocotion of all buildings, If any, thereon, and all visible encroachments, if any, from of on sold land. E.G. RUD a SONS INC. Dated this Z day of Rew.ied 'tii'vemIe, 23 /96'.i J's,9 9< is 83 by C- x ,pw[ f; Minn. Reg. No . Yrd r -43 Book Foge 1 J E. G. RUD ei SONS, INC. LAN!) SURVEYORS 9560 Lexington Avenue N New Brighton (Lexington), Minnesota 55H2 Telephone: 786 — 5556 PLANNING COMMISSION DATE: August 8, 2013 TO: Chairman Kocon and Planning Commissioners REGARDING: CR Cottage Residential District Driveway Widths PREPARED BY: Abbi Jo Wittman, City Plar}nei. CASE NO.: 2013 -22 ISSUE A significant number of driveways in the CR -zoned areas of the City exceed the 12' maximum width provision. BACKGROUND In 1998 the City Council adopted Ordinance No. 854, creating the Cottage Residential (CR) Zoning District. The new district regulations required driveways to be no greater than 12' in width. The provisions further indicated garages may not be greater than two stalls. In 2006, Ordinance No. 980 was adopted that amended CR District driveway widths to be a maximum of 18' at the back of curb and tapered to 12 at the street right -of -way line. In 2009, the Planning Commission and City Council approved a PUD amendment that allowed three car garages in the CR zoned areas of Millbrook. As an oversight on the part of city staff, building permits were issued for the new three car garage houses that had driveway widths commensurate with the width of the garages. However, the PUD amendment did not specifically say the driveways could be widened to accommodate the wider garages. Driveway widths in the CR -zoned areas of Millbrook now range from 12' to 29'. In review of driveways within the CR -zoned areas of Liberty, the majority are also in excess of 12'. The average actual driveway width for a two -stall garage in the CR District neighborhoods is 18', whereas the average for a three -stall garage is 25'. DISCUSSION Although the purpose of Ordinance No. 980 was to regulate driveway widths in order to limit the driveway `mass' along the street, provide separation between driveways, and to add additional greenspace, the driveway standards have not been implemented uniformly. Simply put, this is not how the driveways in these districts have been developed. So, the majority of the property owners are faced with non - conforming driveway improvements. Page 2 Two processes have been identified for the rectification of the issue. The first option would be to amend the Millbrook PUD to allow for increased maximum widths of driveways in the CR District. This option is less desirable as PUD amendments tend to get lost over the years. Additionally, this would not remedy any of the nonconforming driveways in Liberty. The second option would be to amend the zoning regulations to increase the maximum width for driveways in the CR District. While an amendment to the Zoning Code appears to be `cleaner', the regulation would be applicable to all CR zoned parcels in Millbrook and Liberty as well as any additional areas of the City that may encompass this zoning designation in the future. Staff recommends pursuing the second option and has prepared a draft Ordinance for the Commission's discussion. As the draft Ordinance indicates, maximum driveway widths would be increased from 12' to 18'. This would be a 90 square foot reduction of front yard area. A footnote would be added to allow for driveways for three -stall garages to be expanded to 25'; this would result in a reduction of 195 square feet of front yard space. ATTACHMENTS Ordinance No. 980 Draft Ordinance No. 2013-X DRAFT ORDINANCE NO. 2013-X AN ORDINANCE AMENDING THE STILLWATER CITY CODE CHAPTER 31, SECTION 309, ENTITLED CR COTTAGE RESIDENTIAL DISTRICT THE CITY COUNCIL OF THE CITY OF STILLWATER DOES ORDAIN: 1. Amending. City Code Chapter 31, Section 309b Massing Regulations (1) Minimum standards is replaced with the following: Driveway width at street right -of -way 112 feet, but may taper to 18 fcct at back of curb 118' at the property line 4 4 Where three -car garages are allowed by PUD, a driveway maximum width of 25' at the property line shall be permitted. 2. Savings. In all other ways City Code Chapter 31 shall remain in full force and effect. 3. Effective Date. This Ordinance will be in full force and effect from and after its passage and publication according to law. Enacted by the City Council of the City of Stillwater this day of , 2013. CITY OF STILLWATER Ken Harycki, Mayor ATTEST: Diane Ward, City Clerk