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HomeMy WebLinkAbout2013-12-09 CPC Packet 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, December 9, 2013 at 7 p.m. in th 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. e odium sion ge AGENDA 1. CALL TO ORDER 2. APPROVAL OF October 14, 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 p and must state their name and address. At the conclusion of all public testimony the Commis will close the public hearing and will deliberate and take action on the proposed item. 4.01 Case No. 2013-27. A variance request to the accessory structure size regulations for the chan out of a garage into a storage structure located at 906 Greeley Street South in the RA, Single Family Residential District. Vern Henzlik, applicant. 4.02 Case No. 2013-28. A variance to the impervious surface regulations for a 1,200 square foot addition located at 1745 Northwestern Avenue in the BP-I, Business Park Industrial District. Charles Maragos, Valley Dental Arts, applicant. 5. NEW BUSINESS 6. OTHER BUSINESS 7. ADJOURNMENT PLANNING COMMISSION MEETING MINUTES October 14, 2013 REGULAR MEETING 7:00 P.M. Chairman Kocon called the meeting to order at 7:01 p.m. Present: Chairman Kocon, Commissioners Collins, Fletcher, Hansen, Kelly, Lauer, Middleton, Siess, Council Representative Weidner Absent: Sean Hade Staff: City Planner Wittman, Community Development Director Turnblad APPROVAL OF MINUTES Motion by Commissioner Fletcher, seconded by Commissioner Lauer, to approve the August 12, 2013 meeting minutes as corrected. Motion passed 8-0. OPEN FORUM There were no public comments. PUBLIC HEARINGS 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. Continued from the August 12, 2013 Planning Commission Meeting. City Planner Wittman explained that the applicant is requesting a 19’ fence variance for a 25’ high, 46’ wide steel pole golf netting system to prevent golf balls from coming into their yard. The proposed steel poles are 6 5/8” in diameter. On August 12, the Planning Commission heard an application for a 35’ high, 50’ wide netting system and directed the applicant to consider aluminum poles and to submit additional materials. The applicant now has a site plan and sample of the netting to show the Commission, as well as aerial photos depicting the proposed location of the netting. A letter of support was received from the property owner at 1300 Amundson Place. Staff recommends approval. Kim Gipple, applicant, presented samples of the poles and the netting. Commissioner Siess asked why the applicant reduced the height by ten feet. Ms. Gipple stated she is trying to be somewhat accommodating to the neighbors though she would prefer the height remain 35’. Planning Commission October 14, 2013 Page 2 of 5 There were no other public comments. Commissioner Kelly stated he would like conditions included that the material be as presented, that the netting will continue to be black netting that will not be overly visible to the neighbors, and that no flags or other objects be attached to the poles. Motion by Commissioner Kelly, seconded by Commissioner Fletcher, to approve the 19’ variance to the fence regulations with the conditions that the netting be of a black material similar to what has been presented, the poles be 6 5/8” diameter steel poles as presented, and no flags or banners shall be attached to the poles. Motion passed 8-0. Case No. 2013-24. A special use permit request for a restaurant (Bar Lolo American Kitchen) located at 233 Main Street South in the CBD, Central Business District. Joe Ehlenz, applicant. City Planner Wittman summarized the request. The proposed restaurant is to be located on the first floor of a newly constructed structure at 229/233 Main Street South. Staff recommends approval with conditions. Joe Ehlenz and Brad Nordeen, applicants, stated that required parking permit purchases are underway, they do not believe the restaurant will create additional noise, and the building owner is working with neighboring buildings on a shared trash enclosure. Music to be provided would not exceed a two-man band inside the restaurant. There were no other public comments. Motion by Commissioner Fletcher, seconded by Commissioner Middleton, to approve the special use permit with the conditions proposed by staff: a) building permit plans must be approved by the fire marshal and building official prior to issuance of a building permit for any interior alterations; b) no outdoor seating is permitted; c) prior to installing any exterior signage, a design review application must be submitted to the Heritage Preservation Commission for review and approval; d) all trash must be stored inside or in the combined trash enclosure on Water Street. Motion passed 8-0. Case No. 2013-25. Variances to the required massing (front, side and rear yard setbacks and maximum height) and slope regulations for the construction of a single family dwelling on a legal, non- conforming, undeveloped lot located at Lot 6 and a part of Lot 1, Block 44, Carli & Schulenberg’s Addition to the City of Stillwater (otherwise known as 115 Willow Street East) in the RA, Single Family Residential District. Amaris Custom Homes, Raymond Pruban, applicant. City Planner Wittman explained that the applicant is requesting a series of variances for construction of a single family residence proposed for a legal, non-conforming, undeveloped lot. Staff recommends approval of an 18.5’ variance to the front yard setback, a 30’ variance to the corner yard setback, 1/2 story variance to the height regulation, a 30’ variance to the slope setback regulation, a 21.5’ variance to the location of a structure on a slope greater than 24%. The parcel is a legal, nonconforming lot of record. Staff recommends approval of the 18.5’ variance to the front yard setback, 30’ variance to the corner side yard setback, 1/2 story variance to the height regulation, 30’ variance to the slope setback regulation, and 21.5’ variance to the location of a structure on a slope greater than 24%. Staff recommends denial of the requested 3’ variance to the height of the Planning Commission October 14, 2013 Page 3 of 5 structure to help preserve the visual impact of height, bulk and mass normally associated with building on any steep slope. City Planner Wittman recognized a letter received from Julie and Duane Paulson, 104 Poplar Street, who strenuously objected to the granting of any variances due to the fact that their property value is dependent on its privacy. Since the time they submitted the letter, Julie indicated they think the proposal would probably be good for the property values. Ray Pruban of Amaris Custom Homes, representing the applicant, explained that applicant Kari Branjord could not attend the meeting. The lot is extremely challenging and there is no way to build a home without multiple variances, but the applicant and builder believe they have submitted a plan that is reasonable, well thought out and compatible with the neighborhood. The footprint was made as small as possible, 1,100 square feet. He feels the home is actually a two story with a basement, but because of where the home will be located on the slope, it will appear to be a three story home on three sides. Chairman Kocon said he would like to see some exterior elevation drawings. Mr. Pruban responded the applicant has spent a great deal of money on the project already without knowing whether it will be permitted. If the height needs to be lower, the only place he would be able to take it from would be the roof. A 6-12 pitch is doable but he believes the HPC will require an 8-12 pitch due to the style of home. Jon Skaalen, 1900 Third Street North, expressed concern about the height of the garage floor and the driveway leading to his garage, and added there is not much room for snow removal. Also he slides down the road easily in the winter and is concerned about the possibility of sliding into the house due to the difficulty of the lot. Jennifer Schaller, 1819 North Fourth Street, commended City Planner Wittman and the builder for their assistance. She feels the lot is too steep to build and feels the variances would likely result in significant visual encroachment to the neighbors to the north, east, and herself. She would like the Commission to extend the review process and invite adjacent neighbors to a site inspection. Terry Fischer, owner of the property, said former City Planner Steve Russell informed him the lot was buildable at the time he bought it. He acknowledged that Ms. Branjord is significantly invested in the property and feels the proposal is reasonable. Chairman Kocon commented that the builder’s choices for where to put the home are limited and he thinks the proposal is good. Commissioner Hade agreed the proposal is reasonable. Commissioner Kelly stated he supports the variances other than possibly the height variance which he is not sure is needed. Commissioner Fletcher said she would like to do a walkthrough to comfort the neighbors. Planning Commission October 14, 2013 Page 4 of 5 Motion by Commissioner Fletcher, seconded by Commissioner Hade, to approve all six requested variances, with the variance concerning the height of the structure being changed from a three foot variance to a two foot variance, as conditioned: a) a stormwater management plan shall be reviewed and approved by the Engineering Department, the two retaining walls to the south of the proposed structure must be engineered; b) building permit plans shall be reviewed and approved by the Building Department, the south facing portions of the structure, at a minimum, must be engineered; c) a design review permit for construction in the neighborhood conservation district shall be reviewed and approved by the Heritage Preservation Commission; d) a tree replacement plan shall be reviewed and approved by the City Forester. Motion passed, 7-1 with Commissioner Kelly opposed. Case No. 2013-26. An amendment to an existing special use permit by installing a fluid cooler on the roof at Lakeview Hospital located at 927 Churchill Street West in the RB, Two-Family Residential District. Tyler Strachota, Metro Mechanical, applicant. Community Development Director Turnblad reviewed the request. Lakeview Hospital would like to install an approximately four feet tall fluid cooler on the roof of the mechanical room on the southeast corner of the hospital. Staff recommends approval with conditions: a) the applicant shall present supporting written information to the Commission concerning noise levels of the new coolers as they will be perceived from surrounding residences; and b) once installed, an acoustical engineer must verify that the noise levels will conform to City standards. Corey Fedie, director of facilities for Lakeview Hospital, stated the cooler will run in the fall, winter and spring. It will consist of 12 fans. Sound engineers will be engaged early in the process because the hospital is aware of neighbors’ noise concerns. He ensured the Commission that due to the proximity to patient rooms, the sound will be mitigated. There were no public comments. Community Development Director Turnblad informed the Commission that because the applicant has agreed to mitigate any noise problems, the second recommended condition is not required. Motion by Commissioner _______, seconded by Commissioner Lauer, to recommend approval of the special use permit amendment with condition a, that the applicant shall present supporting written information to the Commission concerning noise levels of the new coolers as they will be perceived from surrounding residences; with the additional condition that the hospital shall mitigate any noise problem. Motion passed 8-0. NEW BUSINESS Application for a Seasonal Food Vending Permit located at 225 Main Street North in the CBD, Central Business District. Frank Fabio, applicant. Community Development Director Turnblad informed the Commission that the applicant wishes to sell coffee from a food vending trailer that would be parked in the parking lot on his site. As the building acquires more tenants, the building will need its parking again, so dominating a parking lot with a trailer in the middle may not work well and the trailer may need to be moved to an alternate location in the future. Staff recommends approval with conditions: a) the permit would be valid until December 31, 2014; b) no storage or product sales allowed outside of the vending trailer; c) an Planning Commission October 14, 2013 Page 5 of 5 outside garbage can must be provided for customers; d) each year when the business is reviewed for reissuance of a vending permit, the location of the trailer must be analyzed so as not to dominate traffic flow or parking spaces, if the drive aisle and spaces are needed for tenants and building customers/clients; e) prior to release of the permit, a sign plan meeting the standards of the City Code Sec. 41-7, Subd. 2(1)(d) and the standards of the Downtown Design Guidelines must be submitted and approved by City staff; f) prior to release of the vending permit, a satisfactory inspection report by the Stillwater Fire Department of the proposed vending trailer must be submitted; g) prior to release of the vending permit, a permit for the food vending must be issued by Washington County health officials; h) if there is to be a generator supporting the trailer, the manufacturer’s noise specifications must be submitted. If the generator is not a quiet technology, then the hours of operation may have to be re-examined. Frank Fabio, applicant, informed the Commission that he would like to operate the trailer in order to help pay his monthly operating costs for the building of about $10,000. The trailer he is planning to buy is new, self-contained, and in good condition. Signage will comply with staff recommendations. When he leases the building’s retail spaces, he will move the trailer as suggested by Community Development Director Turnblad. Chairman Kocon asked about striping or signage in the parking lot to direct drivers and facilitate traffic flow. Mr. Fabio responded that he would not like to make the parking lot an eyesore with many stripes, but he may be able to fix some arrows on the trailer. Commissioner Siess said this type of trailer is located all over Montana and usually have directional signage. Motion by Commissioner Fletcher, seconded by Commissioner Collins, to approve the permit with eight conditions as recommended by staff. Motion passed 7-1 with Commissioner Hade opposed. OTHER BUSINESS There was no other business. ADJOURNMENT Motion by Commissioner ______, seconded by Commissioner _______, to adjourn the meeting at 9:46 p.m. Motion passed 8-0. Respectfully Submitted, Julie Kink Recording Secretary