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HomeMy WebLinkAbout2016-07-13 CPC MIN PLANNING COMMISSION MEETING MINUTES July 13, 2016 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, Lauer and Siess Absent: Commissioners Hansen and Kelly; Council Representative Menikheim Staff: City Planner Wittman APPROVAL OF MINUTES Possible approval of June 8, 2016 meeting minutes Motion by Commissioner Collins, seconded by Chairman Kocon, to approve the June 8, 2016 meeting minutes. Motion passed 6-0. OPEN FORUM Timothy Paskvan, 1314 Fourth Street North, asked about the meeting agenda. PUBLIC HEARINGS Case No. 2016-26 Consideration of an amendment to a Special Use Permit for the expansion of Nacho Mama’s located at 312 Main Street South. Brenda Ryder, applicant. City Planner Wittman explained that the applicant would like an amendment to the existing Special Use Permit to allow for the expansion of the restaurant and bar area into the former retail space in the front of the building. Staff recommends approval with six conditions. Chairman Kocon opened the public hearing. There were no public comments. The public hearing was closed. Motion by Commissioner Hade, seconded by Commissioner Collins, to recommend that the Council approve an amendment to a Special Use Permit for the expansion of Nacho Mama’s, 312 Main Street South, with the six conditions recommended by staff. All in favor, 6-0. Case No. 2016-27 Consideration of a Special Use Permit for a Type III Home Occupation and associated variances for the Old Swedish Church, located at 320 Fourth Street North. Cecilia Loome, applicant, and Thomas and Karen Loome, property owners. Planning Commission July 13, 2016 Page 2 of 5 City Planner Wittman reviewed the request. On May 5, 2016, notice was sent to the property owners advising them that the City had received complaints the property was being used as an events venue, an unpermitted use. Property owners indicated they would like to apply for a permit to come into compliance with the zoning regulations. The Type III Home Occupation permit seemed best suited to the proposal. Three variances are requested: a variance to the maximum 400 square foot (20%) total gross floor area of a dwelling unit allowed to be used for an event venue; and a variance to the 7 a.m. to 8 p.m. business hour limitation to allow for events to be held from 7 a.m. to 9:30 p.m.; and a 41-54 parking space variance to the total number of parking spaces required. On the basis that the application does not conform to the intent, requirements and conditions for Type III Home Occupations, and the finding that the property owner has not established practical difficulty for the variances, staff recommends denial of the application. Ms. Wittman noted a letter of support from Don Empson, and a petition submitted by the applicant indicating nearby property owners’ support for the application. Chairman Kocon asked if there could be another allowable use for the property. Ms. Wittman replied that the home occupation license is the only avenue for this type of commercial use in the RB Two- Family District. Commissioner Siess asked about the square footage variance. City Planner Wittman explained the applicant is asking for 85% square footage (20% allowed), or 3,500 square feet (400 square feet allowed), to be used for events. Cecilia Loome and Jonathan Moler, applicants, explained the proposal. They noted that the entire sanctuary floor is sloped and the space unheated so that portion is unuseable area for a residence. For the last 30 years, the church was used as a bookstore with on-street parking and there were no complaints. They stated that they want to use most of the space for events but they only want to do it a handful of times per year, less than 4% of the time. They both have full time jobs and do not intend for it to be a full time event center. Given that it is in a residential neighborhood, they are not sure what other use would be appropriate. The bookstore moved out because it stopped being practical and sustainable. They are at a loss for what will happen to the property if they cannot use it. Presently, they direct guests to park in the City ramp and they would be happy to make this a condition of approval. They also pointed out that the application is only for 90 guests, less than what was suggested in the staff report; thus the parking variance is not as great as previously discussed. Mr. Moler went on to say that they took issue with some of the recommendations, for instance needing a food license. They require guests to have a licensed caterer so they are not sure how this requirement is applicable. Ms. Loome added that they understand the purpose and intent of the City code is to limit commercial uses in residential neighborhoods. However they feel the use will allow them to preserve this very unique building with minimal impact on the neighborhood. They will do everything possible to mitigate the parking, and are willing to compromise and work with the City toward reasonable limitations to permit the proposed use. Chairman Kocon noted that less than 4% of the time would be 15 events a year. Ms. Loome stated that for a business use less than 15 days a year, the IRS does not consider it a business. They are looking at the proposed use as a way to allow them to keep living there. She added that events would be held only May to October, no more than one per weekend, no more than three per month. Chairman Kocon opened the public hearing. Planning Commission July 13, 2016 Page 3 of 5 Jane Paskvan, 314 Fourth Street North, who lives next door in a home that is eight feet away from the church, said the applicants have assured her they will do whatever is necessary to make her happy, but she feels that having 14 events would equate to every weekend, all summer long. She feels the applicants are awesome neighbors but is concerned about what would happen if they left and new owners were not as considerate. She signed the petition supporting the proposal but felt it should be dependent on conditions of approval. Susie Quaderer, 304 Third Street North, who shares the driveway with the library and the exit on Fourth Street, said she was prepared to oppose the proposal at tonight’s meeting but since meeting the applicants, she feels there may be a compromise. She expressed concerns about street parking and she objects to another property, in addition to the library, being able to hold commercial events in the neighborhood. She believes that unlike the library, the applicants would work with the neighbors and the proposal could work, with specific conditions such as capping it at two events per month, ending events at 9 p.m. and not allowing events on the same days that the library is holding events. Jerry Helmberger, 303 Fourth Street North, owner of the Aurora Staples Bed and Breakfast across the street, complained about spillover noise from the library’s events. He said events that have already been held at the Swedish Church have brought an outdoor bathroom, food trucks and guests congregating outside. He noted there are many event venues all within a few blocks. He also is concerned about the increase in traffic. Tim Paskvan, 314 Fourth Street North, stated that he had spoken with the Council before about noise in the neighborhood. He feels Jonathan and Cecilia are good neighbors and a compromise can be negotiated that would be a win-win, but he would want a condition that no guests be allowed to congregate on the sidewalk. Kathy Helmberger, 303 North Fourth Street, Aurora Staples Bed & Breakfast, said the library, Art Reach, the nursing home, the B & B, Episcopal Church, Trinity Church, and City Hall make the neighborhood busy enough. She feels Jonathan and Cecilia are wonderful neighbors and she loves that they are trying to restore the church but she cannot support another event center in the neighborhood mainly because of the library. Chris Lentz, 718 Third Street North, stated that for over 15 years he walked from his house to work at the bookstore that was housed in the church. It was open six days per week. Events were held there occasionally. He said he understands the neighbors’ concerns about nearby venues but feels that is not a good reason to deny someone else the opportunity to have events of a small nature in a historic building that they have done a lot to restore. Mr. Lentz added that he is also a contractor, and he feels the building could never be turned into a residence. He argued that an event center is not really what is being discussed because Jon and Cecilia are not asking to have huge events. He feels the use as proposed is very much in keeping with the neighborhood and the needs of the community. Diane Anderson, 420 Fourth Street North, said she feels the proposed use would be a good reuse of the building. She questioned what would happen to the building if not allowed to be sustained via some sort of commercial use. Chairman Kocon closed the public hearing. Commissioner Siess commented that the property is beautiful and historically significant, but she has a problem with the square footage variance, which she feels is too large. Planning Commission July 13, 2016 Page 4 of 5 Commissioner Collins said clearly there is practical difficulty because the building could not be turned into apartments or condos. He added that he fears future demolition of the building and hopes the City can work with the applicants to come to some agreement. Commissioner Hade agreed with Commissioner Collins. Commissioner Fletcher remarked that it feels like putting a square peg in a round hole. She feels the core problem is not the variances requested, but the fact that the City doesn’t have appropriate regulations and zoning to deal with this incredibly beautiful property. Commissioner Lauer agreed with the previous comments, saying he finds it difficult to grant the variances because they are extreme, but there should be some way to zone it differently to enable the use to go forward. He feels the work the applicants have done is amazing. But he recognizes that parking alone is obviously an issue for nearby residents, and it sounds like there is angst and animosity toward other venues that may have polluted the waters a bit. Chairman Kocon noted he doesn’t believe in spot zoning. He applauds the work the applicants have done and wants to see the building maintained, but feels the two major variances are unwarranted. He recognized that the Commission has ordinances and structure it must work within. Due to the traffic and parking issues. he cannot support the request and would recommend denial. He reminded the applicants they may appeal to the Council if desired. Motion by Chairman Kocon, seconded by Commissioner Lauer, to deny a Special Use Permit for a Type III Home Occupation and associated variances for the Old Swedish Church, located at 320 Fourth Street North. Commissioner Fletcher said she is conflicted because she realizes the Commission must deny the SUP but feels that residents must be listened to and acknowledged. Motion passed 4-2 with Commissioners Collins and Hade voting nay. UNFINISHED BUSINESS Case No. 2016-24 Consideration of a Special Use Permit for a 40-unit hotel and restaurant and retail space, to be located at 402 Main Street South in the historic Joseph Wolf Block. Elevage Hotel Group, representing Stillwater Caves LLC, applicant and Luna Rosa, owner. City Planner Wittman explained that at the last Commission meeting, the request was tabled after the public hearing was held. At that meeting, the Commission had been favorable to the SUP but had concerns about parking and drop-off/pickup zones. She informed the Commission that at the last Downtown Parking Commission meeting, the DTPC determined the applicant could mitigate their parking requirements by providing 18 valet parking spaces in the upper parking lot, valet all other vehicles to the parking ramp or Lot 20, and designate two loading and unloading zones on Nelson Street. Staff recommends approval of the Special Use Permit with 10 conditions. Motion by Commissioner Collins, seconded by Commissioner Hade, to approve the SUP for a 40-unit hotel and restaurant to be located at 402 Main Street South, with the ten conditions recommended by staff. All in favor, 6-0. Planning Commission July 13, 2016 Page 5 of 5 NEW BUSINESS There was no new business. STAFF UPDATES City Planner Wittman reported that the Council directed staff to proceed with the hiring of a zoning administrator. Commissioner Hade recognized Council Representative Menikheim’s 80th birthday. ADJOURNMENT Motion by Commissioner Lauer, seconded by Commissioner Hade, to adjourn the meeting at 8:45 p.m. All in favor, 6-0. Respectfully Submitted, Julie Kink Recording Secretary