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HomeMy WebLinkAbout2015-10-14 CPC MIN PLANNING COMMISSION MEETING MINUTES October 14, 2015 REGULAR MEETING 7:00 P.M. Chairman Kocon called the meeting to order at 7:02 p.m. Present: Chairman Kocon, Commissioners Collins, Hade, Hansen, Lauer, Middleton, Siess, Council Representative Junker Absent: Commissioners Fletcher and Kelly Staff: City Planner Wittman APPROVAL OF MINUTES Possible approval of September 9, 2015 meeting minutes Commissioner Siess pointed out there is a blank on page 2, indicating a question about Commission action. City Planner Wittman recommended tabling the minutes, as she did not have a chance to review the minutes before distribution. Chairman Kocon recalled that the conditions of approval were not mentioned at the time of the motion, but before the meeting was adjourned, it was noted that the conditions were intended to be included. City Planner Wittman responded she would feel more comfortable consulting the City Attorney to ensure the conditions may be included in the minutes as part of the motion. Motion by Commissioner Siess, seconded by Commissioner Hade, to table the September 9, 2015 meeting minutes. All in favor, 7-0. OPEN FORUM There were no public comments. PUBLIC HEARINGS Case No. 2015-33 Special Use Permit for an indoor play space located at 120 Main Street South. John and Kelly Daly, applicants. City Planner Wittman explained that the applicant proposes to create an indoor play space and small events center that would include walk-in, open play times on weekday and Saturday mornings, with rental of the facilities in the afternoons and on Sundays. Ms. Wittman reviewed the proposed floor Planning Commission October 14, 2015 Page 2 of 5 plan and stated the play space would not be a drop-in daycare center; it would be a supervised facility. She stated the applicants are scheduled to meet with the Downtown Parking Commission about parking mitigation. The applicants have submitted a soundproofing plan they are willing to implement if there are substantiated complaints. Staff recommends approval with conditions. John and Kelly Daly, applicants, explained their proposal. Mr. Daly stated an indoor play space is needed in Stillwater. He added that the space has sat vacant for two years; this proposal will help keep the downtown spaces full. Ms. Daly stated the facility will have a town design for creative play including areas for infant soft play, a grocery store, train depot, restaurant, sandbox, and jump center. She continued there will be birthday parties in three rooms at times when open play is not happening. It will be fully staffed at all times. Commissioner Siess asked where patrons will park. Mr. Daly replied the recommended place will be the parking ramp two blocks away. Commissioner Hade remarked the concept is great, but parking might be an issue. Chairman Kocon opened the public hearing. There were no public comments. The public hearing was closed. Commissioner Collins voiced support for the concept, adding that he doesn’t feel parking will be an issue. Commissioner Hansen also voiced support. Commissioner Siess said she supports the concept but struggles with the location because there is no dedicated parking. Chairman Kocon commented that the parking will boil down to an economic issue: if customers don’t want to park in the ramp, the business won’t be there. He stated that he doesn’t think parking will be a safety issue. Motion by Commissioner Collins, seconded by Commissioner Hansen, to approve Case No. 2015-33, a Special Use Permit for an indoor play space located at 120 Main Street South, with the following conditions: 1. No drop-off child care services shall be permitted. 2. The three meeting room spaces shall not be reserved for parties or other community meetings at any time during walk-in, open free play time periods. 3. Prior to the operating of an indoor play center, the applicant shall secure all required approvals from the Stillwater Building Department, Stillwater Fire Department and other county or state departments with oversight of the operations. 4. Prior to the issuance of a building permit, the applicant shall submit a soundproofing plan to be utilized as a mitigation item in the event the noise ordinance is violated. Additionally, the plan should address mitigation efforts for the reduction of indoor noise in the event the activities within the facility become too loud for standard business operations. a. The soundproofing plan shall be implemented in the event substantiated noise complaints are drawn against the property. 5. All existing and future trash receptacles shall be stored inside the building at all times with the exception of the day of trash collection. Planning Commission October 14, 2015 Page 3 of 5 6. Prior to the commencement of any exterior work, including the installation of lighting and signage, a Design Review Permit shall be submitted and approved by the Heritage Preservation Commission prior to the issuance of a building permit. a. Any conditions attached to the Design Permit issued by the Heritage Preservation Commission are incorporated by reference into this Special Use Permit. 7. A parking mitigation plan must be approved by the Downtown Parking Commission to satisfy the off- street parking requirements. If the plan includes a fee-in-lieu, the fee shall be paid upon receipt of City invoice. Charges not paid within 30 days will be certified for collection with the real estate taxes in October of each year. The applicant waives any and all procedural and substantive objections to the purchase requirement including, but not limited to, a claim that the City lacked authority to impose and collect the fees as a condition of approval of this permit. The applicant agrees to reimburse the City for all costs incurred by the City in defense of enforcement of this permit including this provision. a. Any conditions attached to the parking mitigation plan approved by the Downtown Parking Commission are incorporated by reference into this Special Use Permit. Motion passed 6-1, with Commissioner Siess voting nay. Chairman Kocon pointed out that next month’s meeting will be on Monday, November 9 due to Veteran’s Day being November 11. Case No. 2015-34 Variances associated with a request for external side yard expansion of one car garage and second story dormer, located at 624 Oak Street West. Anil (Dale) and Sunny Moosai, owners. City Planner Wittman explained that the applicants have requested variances to make improvements consisting of a 6’ addition to the single car, attached garage and the expansion of a second story dormer to accommodate a code-compliant stairway to the second, half-story of the residence. Variances are: a) a 13’ variance to allow the garage addition to be 17’ from the exterior side lot line, 30’ required; and b) a 3’ variance to allow the second story dormer to be 17’ from the exterior side lot line, 20’ required. Staff finds that practical difficulties exist, and recommends approval of both variances with conditions. Chairman Kocon opened the public hearing. There were no public comments. The public hearing was closed. Motion by Commissioner Collins, seconded by Commissioner Lauer, to approve Case No. 2015-34, a 13’ variance to the exterior side yard setback for a garage addition and a 3’ variance to the exterior side yard setback for a dormer expansion, located at 624 Oak Street West, with the following conditions: 1. Plans shall be substantially similar to those on file with the Community Development Department’s Case No. 2015-34. 2. A building permit, or an amendment to an existing building permit, shall be reviewed and approved prior to exterior alterations. 3. The garage addition shall have similar color and materials as the existing structure. 4. Major exterior modifications to the variance permit request shall be reviewed by the Planning Commission. All in favor, 7-0. Case No. 2015-35 Variance associated with the construction of an addition to the back side of home, located at 609 Churchill Street West. Philip and Jone See, owners. City Planner Wittman noted that the applicants have applied for variances to make improvements consisting of a 333 square foot, single story addition to include a new hallway, hall closet, master bedroom and bath, which will all be wheelchair accessible. The applicants are anticipating the need Planning Commission October 14, 2015 Page 4 of 5 for making the home wheelchair accessible. A new set of stairs and wheelchair accessible ramp also are proposed. A variance is required to allow 28% structural coverage on the lot, 3% over the maximum 25% allowed. Ms. Wittman noted an opinion provided by City Attorney David Magnuson stating that if a variance is needed to enable a disabled person to use and enjoy their dwelling, practical difficulty has been established as a matter of law. Staff finds that practical difficulty exists, and recommends approval of the variance with conditions. Philip See, owner, offered to answer any questions. Chairman Kocon opened the public hearing. There were no public comments. The public hearing was closed. Motion by Commissioner Middleton, seconded by Commissioner Siess, to approve Case No. 2015-35, 3% variance to the maximum structural coverage allowed, for the construction of an addition to the back of a home located at 609 Churchill Street West, with the following conditions: 1. Plans shall be substantially similar to those on file with the Community Development Department’s Case No. 2015-35. 2. A building permit shall be reviewed and approved prior to any construction occurring. 3. The addition shall have similar color and materials as the existing structure. 4. Major exterior modifications to the variance permit request shall be reviewed by the Planning Commission. All in favor, 7-0. Case No. 2015-36 Variances associated with the construction of an addition to the west side of garage, located at 424 Laurel Street West. Steven Hamond, owner. City Planner Wittman summarized the request. The owner proposes improvements that consist of a 10’ addition to the existing 24’ wide two-car garage. This would bring the garage closer to Everett Street, therefore the following variances are needed: a) a 14’ variance to allow the garage addition to be 16’ from the exterior side lot line, 30’ required; b) an 8% variance to allow 33% structural coverage on the lot, 25% maximum allowed; and c) a 45 square foot variance to the 10% maximum lot coverage for accessory buildings. Ms. Wittman noted that a letter of support was received from the Clausen family. Staff finds that practical difficulty exists, and recommends approval of the three variances with conditions. Steve Hamond, applicant, pointed out when built out, the garage will be flush with the house, so sight lines will not be impacted. Chairman Kocon opened the public hearing. There were no public comments. The public hearing was closed. Motion by Commissioner Hade, seconded by Commissioner Lauer, to approve Case No. 2015-36, 14’ variance to the 30’ side yard setback, 8% variance to the 25% structural coverage requirement, and 45 square foot variance to the 10% maximum lot coverage for accessory buildings, associated with the construction of an addition to the west side of garage located at 424 Laurel Street West, with the following conditions: 1. Plans shall be substantially similar to those on file with the Community Development Department’s Case No. 2015-36. 2. No additional storage structures or sheds shall be permitted on the property. Planning Commission October 14, 2015 Page 5 of 5 3. A building permit, or an amendment to an existing building permit, shall be reviewed and approved prior to exterior alterations. 4. The garage shall have similar color and materials as the residence. 5. Major exterior modifications to the variance permit request shall be reviewed by the Planning Commission. All in favor, 7-0. UNFINISHED BUSINESS There was no unfinished business. OTHER ITEMS OF DISCUSSION Staff Verbal Updates Commissioner Siess asked Junker if there has been any traction in developing gun ordinances. Council Representative Junker replied since the recent approval of a variance for the gun range, he has not heard anything further. ADJOURNMENT Motion by Commissioner Hansen, seconded by Commissioner Collins, to adjourn the meeting at 7:52 p.m. All in favor, 7-0. Respectfully Submitted, Julie Kink Recording Secretary