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HomeMy WebLinkAbout2015-12-09 CPC MIN PLANNING COMMISSION MEETING MINUTES December 9, 2015 REGULAR MEETING 7:00 P.M. Chairman Kocon called the meeting to order at 7:03 p.m. Present: Chairman Kocon, Commissioners Collins, Fletcher, Hade, Hansen, Kelly, Lauer, Middleton, Siess, Council Representative Junker Absent: None Staff: City Planner Wittman APPROVAL OF MINUTES Possible approval of November 9, 2015 meeting minutes Motion by Commissioner Collins, seconded by Commissioner Fletcher, to approve the November 9, 2015 meeting minutes. All in favor, 9-0. Possible approval of September 9, 2015 meeting minutes Motion by Commissioner Lauer, seconded by Commissioner Hansen, to approve the September 9, 2015 meeting minutes. All in favor, 9-0. OPEN FORUM There were no public comments. PUBLIC HEARINGS Case No. 2015-40 Request for approval of a Special Use Permit for a short term rental to be located at 308 Chestnut Street East. John Atkins representing the estate of Scott Zahren, applicant. City Planner Wittman explained that the applicant is requesting a Special Use Permit for the conversion of a second story apartment into an overnight lodging unit. Two parking spaces would be required. The owner has indicated that one parking space is currently being leased at the Shorty’s parking lot, a block to the west. Staff recommends approval with four conditions. Chairman Kocon opened the public hearing. John Atkins, applicant, stated he is appearing under difficult circumstances. He understands and is willing to comply with all Special Use Permit requirements including the payment of lodging taxes. The rental began shortly after July 4; its income allows the paying of legal fees, building insurance, Planning Commission December 9, 2015 Page 2 of 5 utility costs, and settlement of debts while ensuring The Wedge & Wheel, the first floor tenant, is not adversely impacted. Chairman Kocon closed the public hearing. Commissioner Siess asked if the City Council has discussed regulation of VRBOs. Council Representative Junker replied that the Council has not discussed VRBOs in 2015. It appears there are other spaces downtown that could easily be converted, so he felt it warrants Council discussion. Motion by Commissioner Middleton, seconded by Commissioner Hansen, to approve a Special Use Permit for a short term rental to be located at 308 Chestnut Street East, with conditions recommended by staff. All in favor, 9-0. UNFINISHED BUSINESS Yard Parking - Survey Results and Ordinance Direction City Planner Wittman stated that at the Commission’s last regularly scheduled meeting, the Commission discussed yard parking and directed staff to solicit public input. Ms. Wittman recapped that discussion. She summarized survey results. Generally, those surveyed do not park on their lawns and do not think yard parking is a problem in Stillwater but would like to see it regulated. Staff expects to present a draft ordinance for Commission consideration in January. Commission consensus was to accept the definition of a vehicle proposed by staff, with the possible addition of work equipment as suggested by Chairman Kocon. Commissioners voiced agreement with the maximum driveway width at the curb being 16’. Ms. Wittman noted that parking pads could be defined as a 10’ x 30’ asphalt or gravel area. Chairman Kocon suggested if the City regulates the percentage of impervious surface on a property, there also should be regulation of driveway and parking pad installation. He stated that he would like to see a permit required for installation of a new driveway or other impervious surface on a property, including sport courts. Commissioner Hansen countered that the existing impervious surface restrictions could be used as the regulating factor. Chairman Kocon pointed out that if the percentage of impervious surface is the only control, then a property owner with a very large lot could install an overly large parking pad. City Planner Wittman added that not all residential districts have maximum impervious surface coverage restrictions. Commissioner Hansen asked if the ordinance could specify a square footage allowed rather than specific dimensions of 10’ x 30’. He encouraged the Commission to think outside the box because not all properties are the same. An ordinance needs to consider all types of property in the City. The Commission agreed that there should be a square footage maximum and that a property owner should not be permitted to increase the amount of impervious surface beyond the maximum allowed in the district. Planning Commission December 9, 2015 Page 3 of 5 City Planner Wittman asked how the Commission felt about setbacks. Consensus on the Commission was that the sideyard area should have a minimum setback. Commissioner Hansen asked if there would be a way to grant variances to the restrictions being discussed. Ms. Wittman replied that a property owner may apply for a variance to zoning restrictions pertaining to a number, but not for a completely different use than allowed in the district. Commissioner Fletcher said it was apparent from reading survey comments that there are a lot of people concerned about the issue. She pointed out that because enforcement is complaint-driven, even if the rules are put in place, they may not be enforced unless someone is complaining. City Planner Wittman confirmed that the City does not have a dedicated zoning enforcement officer, so staff may not be aware of a violation. Commissioner Kelly commented if a parking pad has to be contiguous to a driveway then he assumed no parking would be allowed in the rear yard either. He mentioned that the survey speaks strongly toward parking in rear yards being just as big a problem as parking in front yards. Commissioner Fletcher said she was less concerned about regulating parking in the rear as it impacts fewer people than front yard parking which is visible to anyone traveling on the street. Commissioner Hansen noted he felt strongly that the approach should be as minimal as possible to start off, such as simply prohibiting parking on the grass in the front yard. He felt the number of properties in question is so small, it doesn’t warrant going through a bunch of steps to regulate. Council Representative Junker voiced concern about categorizing gravel as an improved surface; throwing some gravel down beside a garage should not be considered an improved surface. Chairman Kocon said he doesn’t envision allowing someone to throw down a bucket of gravel on their grass and consider it improved, but that gravel can be considered an improved surface if done right. Commissioner Kelly said if the City regulates only the front and side yards, it will likely push the problem to the back yard, as people will probably park their RVs in the backyard. Chairman Kocon agreed he would not want to see a huge RV parked in his neighbor’s backyard. Commissioner Middleton asked if a parking pad is contiguous in the front yard, isn’t it just really an enlargement of the driveway? He said he would prefer setting a maximum allowable square footage of impervious surface coverage, rather than designating 10’ x 30’ as the maximum space for a parking pad. Commissioner Kelly suggested, in zoning districts where there are no restrictions, limiting the driveway to the width of the garage plus a maximum additional 30’ x 10’ or an extra 300 square feet and also restricting the setbacks. City Planner Wittman asked if the Commissioners’ intent would be to regulate what is visible from the street as opposed to what is visible to the neighbors. Chairman Kocon suggested taking a straw poll. Commissioner Hade remarked it’s human nature that a property owner will put a vehicle on the lot line, not next to their own house - that’s why setbacks are needed. Planning Commission December 9, 2015 Page 4 of 5 Chairman Kocon called for a straw poll to find some measurables, for instance, a driveway can’t be wider than a garage and a property owner may add 300 square feet of parking pad contiguous to the garage as long as the driveway and the parking pad do not encroach into the setback. Also, the maximum impervious surface for the lot may not be violated. Commissioner Hansen suggested first establishing that this will be a zoning ordinance, that it should be drafted in a way that allows for variances, otherwise it will create rules that some people won’t be able to meet. He added that he would like to build in a relief valve for those who seasonally park in their yard to avoid parking on the street. City Planner Wittman pointed out that the violation of parking on grass would be covered under the nuisance ordinance. City Planner Wittman summarized the discussion: generally speaking, the Commission would like to see the front yard area reserved for parking as opposed to the back yard; no more than 50% of the front yard to be impervious, as long as it doesn’t exceed the maximum impervious surface coverage for the property; the Commission is not opposed to seeing a parking pad alongside a garage as long as the maxim;um front and side yard impervious surface coverage is not exceeded and it doesn’t encroach into a sideyard setback area; concrete and asphalt are considered improved surfaces; the Commission would like to allow for provisions for variances for placement and width of parking pads; there may be other materials the Commission could consider to be impervious surface. Commissioner Middleton expressed concern that if there is no permit process, the situation becomes more a matter of relationship with one’s neighbors. On a straw vote of whether a permit should be required to put in a new driveway or a parking pad, all Commissioners felt a permit should be required, except Commissioner Hansen. City Planner Wittman informed the Commission she had enough direction to draft an ordinance for the Commission’s consideration. The ordinance would cover new construction or changes to impervious surface coverage; it would not apply to existing non-conforming situations. Commissioner Middleton brought up Chairman Kocon’s concern, expressed in the November meeting, about the mass of vehicles. For instance, a ’65 Corvette has less impact than a big hulk of an RV. He asked why the Commission isn’t dealing with the issue of mass. City Planner Wittman acknowledged unless length times width times height is specified, there is no way to address mass. STAFF UPDATES System Statement City Planner Wittman informed the Commission that the Comprehensive Plan update is beginning. She presented a memo indicating that the City Council has accepted the Metropolitan Council’s System Statement, after clarification from Metropolitan Council staff about anticipated rural residential development patterns. Commissioner Hade asked if there has been further talk of better bus service for Stillwater. Ms. Wittman replied that the Met Council’s Thrive 2040 plan includes a goal of daily service to Stillwater 6-8 times per day. ADJOURNMENT Planning Commission December 9, 2015 Page 5 of 5 Motion by Commissioner Hansen, seconded by Commissioner Fletcher, to adjourn the meeting at 8:55 p.m. All in favor, 9-0. Respectfully Submitted, Julie Kink Recording Secretary