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HomeMy WebLinkAbout2014-09-10 CPC MIN PLANNING COMMISSION MEETING MINUTES September 10, 2014 REGULAR MEETING 7:00 P.M. Chairman Kocon called the meeting to order at 7:00 p.m. Present: Chairman Kocon, Commissioners Collins, Fletcher, Hade, Hansen, Kelly, Lauer, Middleton, Siess Absent: Council Representative Weidner Staff: Community Development Director Turnblad, City Planner Wittman APPROVAL OF MINUTES Commissioner Collins requested a correction on Page 2, Case No. ZAM/2014-24. Commissioner Fletcher commented about ample parking and traditional neighborhoods. Commissioner Fletcher confirmed that she made the comment. Motion by Commissioner Fletcher, seconded by Commissioner Collins, to approve the July 9, 2014 meeting minutes as amended. All in favor, 9-0. OPEN FORUM There were no public comments. PUBLIC HEARINGS Case No. SUP/2014-27. Request for a Special Use Permit for a B&B to be located at 1005 William St. N. Sherry Jespersen, Stillwater Craft Retreat, applicant. Community Development Director Turnblad explained that Ms. Jespersen hosts craft retreats in her home in a manner similar to that of a bed and breakfast, allowing up to 12 guests to rent three bedrooms and the common areas in her home for crafting weekends. Ms. Jespersen opened her Craft Retreat business this spring without a B&B Permit because she was not aware that one was necessary. Washington County Health Department regulations cap the number of guests at 10. Ms. Jespersen agreed to limit retreats to 10 guests. Staff recommends that one parking space be required for each potential guest. There would have to be a small parking lot constructed on the property to accommodate eight cars in addition to the driveway. Staff recommends approval with the following conditions: a)the maximum number of crafting guests is limited to 10 at a time b) the owner must generally be on site when crafting guests are in her home Planning Commission September 10, 2014 c)only breakfasts may be served in the B&B. Crafting guests may not be served lunch or dinner from the B&B’s kitchen d)crafting guests may stay no longer than a week at a time e)an all-weather parking lot for eight vehicles must be constructed similar to the staff recommendation prior to November 15, 2014. The grading plan for the parking lot must be approved by the City Engineer prior to beginning construction f)prior to installing an exterior sign, it must be reviewed and approved by the Community Development Department g)prior to constructing the parking lot, the owner must submit an exterior lighting plan to the Community Development Department for review and approval h)an annual fire code inspection shall be allowed by the owner i)carbon monoxide detectors and smoke detectors must be hardwired rather than operate with batteries. The wiring must be completed before the Special Use Permit will become effective j)the owner must make application to the County Health Department for a license to operate the B&B. The license must be issued and a copy filed with the City before the Special Use Permit will be effective k)the owner must provide the City Finance Director with the B&B’s tax ID number before the Special Use Permit will be effective l)lodging guest quiet hours must be observed between 10 p.m. and 8 a.m. Ms. Jespersen explained how her craft retreats operate. The groups are generally headed by one person and all know each other. She is working on constructing more parking and feels there is enough space. Chairman Kocon opened the public hearing. Jody Stoltz, 924 N. Everett St., voice strong opposition to the proposal. She questioned whether the gatherings are for crafting, saying they have been mostly bachelorette parties with hollering on the deck, disturbing the tranquility of the neighborhood. She does not want her view to be a huge parking lot. She feels there is not enough bedroom space for the proposal. Chairman Kocon closed the public hearing. Community Development Director Turnblad confirmed that one bedroom is a walk-through, so it would not work as a standard model B&B, but seems appropriate for a crafting retreat. Chairman Kocon asked Ms. Jesperson if the police have been called to her residence. Ms. Jespersen responded that she hosted a few women’s groups this summer and they were outside at times. She said that Ms. Stoltz had come into her yard twice and told the people they couldn’t be there and she would call the police if they didn’t leave. She feels Ms. Stoltz made a nuisance of herself with trespassing and harassing, so she called the police to have them tell Ms. Stoltz not to come into her yard. Ms. Jespersen was not on the property when these incidents happened. Chairman Kocon commented that if the SUP is granted, Ms. Jespersen will need to enforce quiet time at 10 p.m. Page 2 of 6 Planning Commission September 10, 2014 Community Development Director Turnblad added that the City received an email from Carrie and Gary Robertson who live within 350 feet of the site, objecting to the proposal due to concerns about traffic and parking. Commissioner Siess remarked the bedrooms don’t appear to be adequate compared to the City’s other B&Bs. Community Development Director Turnblad replied the Commission could limit the permit to one guest room. Chairman Kocon said he can understand calling it a B&B, with 10 people in the same space with a minimum of privacy doing a communal activity. He emphasized the requirement for quiet time beginning at 10 p.m. He feels the noise and parking are the most important issues and and feels they been addressed by the proposed conditions of approval. Case Motion by Chairman Kocon, seconded by Commissioner Fletcher, to recommend approval of SUP/2014-27, the Special Use Permit for a two-bedroom B&B, with 12 conditions recommended by staff, with special emphasis to be placed on parking, requiring that snow is stored on site and does not cause sight line issues, and noting Ms. Stoltz’s concern with noise. Motion failed 4-5. Case No. SUP/2014-30. A Special Use Permit and Variance to convert a 2-stall detached garage to an accessory dwelling unit to be located at 119 Chestnut St. W. Jeff and Julie Anderson, applicants. City Planner Wittman stated the applicants requested the item be tabled until the October meeting. Case No. SUP/2014-30. Motion by Commissioner Kelly, seconded by Commissioner Hade, to table All in favor, 9-0. Case No. SUP/2014-28. Request for a Special Use Permit for a B&B to be located at 116 Harriet St. N. Renee Haugen, applicant. City Planner Wittman summarized the request. At this time, Ms. Haugen does not own the home but has received property owner permission for the submission of the application and will pursue purchase of the home if the Special Use Permit is granted. In addition to the Special Use Permit, Ms. Haugen is requesting a variance to the minimum 900’ buffer distance from other existing B&Bs, and a variance to the maximum number of guest rooms permitted. Staff recommends approval of the Special Use Permit and the variances with the following conditions: a)the maximum number of guest rooms is limited to five b)the owner must generally be on site when guests are in the home c)only breakfasts may be served in the B&B. Guests may not be served lunch or dinner from the B&B’s kitchen d)guests may stay no longer than a week at a time e)plans shall be submitted to and reviewed by the Fire Marshal and the Building Official before the Special use Permit becomes effective f)plans for exterior additions and/or significant alterations shall be reviewed by the Heritage Preservation Commission for consistency with the Secretary of the Interior’s Standards for Rehabilitation Page 3 of 6 Planning Commission September 10, 2014 g)an all-weather parking lot for five vehicles must be constructed wholly on site. The grading plan for the parking lot must be approved by the City Engineer prior to beginning construction h)prior to installing an exterior sign, it must be reviewed and approved by the Community Development Department i)prior to constructing the parking lot, the owner must submit an exterior lighting plan to the Community Development Department for review and approval j)an annual fire code inspection shall be allowed by the owner k)carbon monoxide detectors and smoke detectors must be hardwired rather than operate with batteries. The wiring must be completed before the Special Use Permit will become effective l)the owner must make application to the County Health Department for a license to operate the B&B. The license must be issued and a copy filed with the City before the Special Use Permit will become effective m) the owner must provide the City Finance Director with the B&B’s tax ID number before the Special Use Permit will become effective n)lodging guest quiet hours must be observed between 10 p.m. and 8 a.m. Renee Haugen, applicant, emphasized that the property is exquisite and unique, and she would like to bring the home back to its grandeur. The home was built with four original bedrooms. She and her fiancée would make additions to the home to operate it with three guest rooms. Chairman Kocon opened the public hearing. Jim McKinney, 410 W. Rice St., asked for clarification of the staff report’s statement that the proposal is for five bedrooms. He believes the applicant should adhere to the ordinances regarding the maximum number of guest rooms and asked that the Commission deny the Special Use Permit if it allows five bedrooms. He also expressed concerns about added traffic. John Macindoe, 115 N. Harriet St., echoed concerns about the five guest rooms proposed in the report, and traffic impacts. If only three guest rooms are proposed, he would like to see that in writing and may have different comments. Madeline Macindoe, 115 N. Harriet St., said she would welcome someone who would care for the house and restore the property but she would not want five guest rooms allowed. She also is concerned that there is not enough parking on site. Pat Sawyer, 108 N. Harriet St., voiced concerns about traffic, parking, and safety of the many children who play on the street. Michael Obermueller, 201 N. Martha St., said he has concerns about traffic in the area. Streets are narrow and don’t have sidewalks, and there are many small children in the neighborhood. He would not want to see increased traffic. He feels commercialization of the property will alter the essential character of the neighborhood. Michelle Cherrier, 418 Rice St. W., voiced concerns about the potential for increased traffic especially on Rice St. which is narrow and lacks space for snow storage. Justin Jones, 126 N. Harriet St., stated he has two children and is concerned about traffic and safety of his children and others in the neighborhood. The Harriet/Rice St. intersection is uncontrolled and there are no sidewalks. Page 4 of 6 Planning Commission September 10, 2014 Chairman Kocon closed the public hearing. Chairman Kocon asked where the off street parking will be located. City Planner Wittman replied that the applicant will have to find a suitable place to construct parking if they purchase the property. Parking could be accommodated in front paralleling or adjacent to the garage. Commissioner Hade voiced support for the proposal. Commissioner Hansen stated he would prefer three guest rooms over five. He questioned the size of the home for what is being proposed. Commissioner Middleton noted after the planned additions, the size of the home will accommodate three guest rooms according to the ordinance. The Commission could approve one or two guest rooms and when the property has the requisite square footage, they could be permitted to have the additional guest room. Commissioner Kelly said he would prefer to set the allowable number of guest rooms at three, based on the current size of the home. He supports granting the variance to the 900’ buffer but is not in favor of granting the parking variance. Case No. Motion by Commissioner Siess, seconded by Commissioner Hade, to recommend approval of SUP/2014-28, the variance to the 900’ buffer, a maximum of three guest rooms based on total square footage of the home, and to recommend approval of the Special Use Permit, amending condition g) to add that a grading plan and snow storage area must be identified for the proposed and existing impervious parking areas, that the grading plan and snow storage plans must be approved by the City Engineer; and adding the following conditions: o) caution signs about children at play shall be installed; p) approval is valid upon the sale of the property to the applicant. All in favor, 9-0. Case No. V/2014-29. Request for a Variance for replacement of existing 6’ fence with new fence to be located at 200 Edgewood Ave. Jeff and Janet Parent, applicants. City Planner Wittman explained that the applicant is requesting a fence variance to allow a 6’ fence to be located on the exterior (side) yard. The maximum height allowed in this corner lot location is 42”. Measurements may be rounded up to the nearest half-foot so 48” would be allowed in this location. If the fence were set back 30’ from the property line it would be allowed to be 6’ high. The owner has removed a pre-existing, non-conforming 6’ fence from the site. Staff recommends denial on the basis that the unique circumstances have been created by the property owner, that the essential character of the site will be altered, and that 6’ tall fences are contrary to the goal of making streetscapes less tunneling. Janet Parent, applicant, informed the Commission that they desire privacy for their backyard. The previous fence was deteriorating. They feel that erecting a fence of the same height in the same exact location would not alter the essential character of the neighborhood. A 4’ fence would not give them the privacy, security and safety they require. Chairman Kocon opened the public hearing. Page 5 of 6 Planning Commission September 10, 2014 Bill Englund, 211 Edgewood Ave., stated that there are many similar 6’ wood fences in the neighborhood dating back to the development’s early days. He urged the Commission to approve the variance. Jeff Meyer, 2603 Interlachen Dr., told the Commission he prefers another 6’ fence be permitted. He pointed out that streets with trees have the same tunneling effect. Commissioner Siess commented that the Commission must uphold the ordinances from a legal standpoint. She would like to know when the ordinance was changed. Chairman Kocon closed the public hearing. He pointed out that the Commission must follow state statute regarding reasons that variances may be granted. Commissioner Hansen recognized unless the Commission can identify a legally allowable hardship, it cannot grant the variance. Jeff Parent, applicant, noted there are a lot of new fences in Croixwood, so apparently the ordinance is not enforced or there are many homeowners who do not follow proper channels for approval. Chairman Kocon noted the ordinance is enforced by complaint. He told Mr. Parent he understands his argument, but the Commission must support the ordinance. The Commission’s decisions are appealable to the City Council. Case No. V/2014-29 Motion by Commissioner Fletcher, seconded by Commissioner Middleton, to deny based on the fact that the Commission cannot identify allowable criteria for granting the variance. All in favor, 9-0. OTHER BUSINESS There was no other business. ADJOURNMENT Motion by Commissioner Hansen, seconded by Chairman Fletcher, to adjourn the meeting at 10:28 p.m. All in favor, 9-0. Respectfully Submitted, Julie Kink Recording Secretary Page 6 of 6