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HomeMy WebLinkAbout2016-05-11 CPC MIN PLANNING COMMISSION MEETING MINUTES May 11, 2016 REGULAR MEETING 7:00 P.M. Vice Chairman Hansen called the meeting to order at 7:00 p.m. Present: Commissioners Collins, Fletcher, Hansen, Kelly, Lauer and Siess, Council Representative Menikheim Absent: Chairman Kocon and Commissioner Hade Staff: City Planner Wittman, Community Development Director Turnblad APPROVAL OF MINUTES Possible approval of April 13, 2016 meeting minutes Motion by Commissioner Collins, seconded by Commissioner Lauer, to approve the April 13, 2016 meeting minutes. All in favor, 6-0. ELECTION OF OFFICERS Commissioner Siess commented it would be healthy for someone else to gain experience as chair while there is an experienced chairperson to mentor them. Motion by Commissioner Collins, seconded by Commissioner Fletcher, to elect Kocon as Chair. All in favor, 6-0. Motion by Commissioner Lauer, seconded by Commissioner Kelly, to elect Hansen as Vice Chair. All in favor, 6-0. OPEN FORUM There were no public comments. PUBLIC HEARINGS Case No. 2016-18 Consideration of a 7’ variance to the 30’ Exterior Corner Side Yard Setback for a garage to be located 23’ from the Exterior/Corner Side Yard property line for the structure located at 110 Marsh Street East. Ruth Robison, owner and Ryan Schalk, applicant. City Planner Wittman explained that the applicant has applied for a variance to construct a garage 23’ from the exterior/corner side yard property line. The property is approximately 48’ deep. Without a Planning Commission May 11, 2016 Page 2 of 5 variance, a garage would be limited to 15’ in depth. Staff finds that the applicant has established practical difficulty and recommends approval with five conditions. Vice Chairman Hansen 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. 2016-18, a 7’ variance to the Exterior Corner Side Yard Setback for a garage to be located at 110 Marsh Street East, with five conditions recommended by staff. All in favor, 6-0. Case No. 2016-19 Consideration of a Special Use Permit amendment to allow for live outdoor music as a form of outdoor entertainment for The Lion’s Tavern at the property located at 324 Main Street South. Grand Garage Holdings, LLC, owner and Dave Najarian, applicant. City Planner Wittman explained the request. In 2006, a Special Use Permit for Stone’s Restaurant, 324 Main Street South, allowed for outdoor seating. A condition of approval was that evening outdoor music would be allowed subject to review and revocation or adjustment upon complaint. The current applicant requests an amendment to the Special Use Permit to allow outdoor live music on the west patio, behind the structure. A waiver to the noise ordinance is also being requested to allow the music to be played past 10 p.m. The Council will consider the waiver. The music would be located at the southern edge of the patio, facing north and west. It would involve small one to three person groups mostly playing guitar and vocals, designed to be ambient background noise for the restaurant. The music is proposed to be amplified and would cease by 10 p.m. on school nights. The condominium association at 101 Olive Street has voiced opposition to the waiver for noise. Staff recommends approval of the Special Use Permit amendment with five conditions. Vice Chairman Hansen asked what decibel levels constitute a nuisance. City Planner Wittman replied that the allowable decibels differ from day to night, and from residential to commercial. She pointed out it is difficult to determine what constitutes a nuisance because this is a mixed use neighborhood. Vice Chairman Hansen asked if there is a probationary period, and Ms. Wittman replied the Commission could make a condition that the SUP amendment be reviewed in a year. Vice Chairman Hansen asked if there has been amplified music at this site in the past. Ms. Wittman responded if so, it was in violation. Commissioner Kelly remarked it seems like a variance being called a waiver. He asked if it is actually a variance to the noise ordinance. City Planner Wittman responded it could be considered a variance to the decibel standard past 10 p.m. The issue before the Commission is whether or not live outdoor music should be considered as an amendment to the SUP. Commissioner Siess recalled a similar discussion about the Legion’s request to have live outdoor music. Commissioner Kelly pointed out the difference between the Legion versus the Freight House and Water Street Inn is the direction the sound travels, over the river as opposed to up the bluffs. Dave Najarian, applicant, addressed concerns about the music, saying he does not intend to have loud Metallica-style bands, but rather music that diners can listen to and still talk. He understands there were sometimes loud bands at Shanghai Bistro. He added there is a natural buffer of foliage around the patio to absorb the sound. The music will be played in a corner to the south, where it was played at Shanghai Bistro. He would like to have music at least five nights a week in the summer but not Planning Commission May 11, 2016 Page 3 of 5 seven nights a week. The restaurant will close at 11 p.m. Sunday through Thursday and 1 a.m. Friday and Saturday. Commissioner Kelly asked the applicant to describe the atmosphere, stating that his concern is less about the type of music and more about whether the environment has the potential to escalate the sound levels. Mr. Najarian answered it is a very casual, relaxed atmosphere; they want patrons to enjoy the music while having conversation, rather than only listening to music and dancing. The bars near the river do that and that is not what they intend here. Vice Chairman Hansen opened the public hearing. Michelle Plocher introduced her husband David, and neighbors Jim and Barbara Buggert, all of 101 Olive Street East. She expressed concern that the decibel level will creep up. She read the applicant’s statement and didn’t see anything in it that assured her she won’t be forced to listen to music every day. She is concerned that once the amendment is in place, the residents will have no recourse to be heard. Because it is so open ended, she would like to see a more formal application with very clear limits so residents have an idea going in what the plan is. They are happy with a mixed use environment but feel this could get out of hand. Heather Fox, 322 Broadway Street South, who lives above Teddy Bear Park, said she is very happy to hear that the choice of music is very different from Shanghai Bistro. However, the music goes right up the bluff into her windows and there is no buffer that will prevent that. She hears every single word, clink of glasses, etc. The music is so loud it is impossible to sleep or to open their windows. When the music stops, the party atmosphere continues and drunkenness gets out of control. She feels it would be reasonable to restrict the music to three nights per week, ending at 10 p.m. Jim Buggert, 101 Olive Street East, said there were many nights last summer at 10 or 11 p.m. that the music was so loud they could not even have their windows open. The City appeared not to be enforcing the noise ordinance. There was supposed to have been piped soft music over speakers but it was not. They have a deck overlooking the site, half a block away, and the sound comes right toward them. He is totally against allowing music past 10 p.m. Dave Plocher, 101 East Olive Street, said the musicians stand in front of a very tall stone wall so the music comes unimpeded right up the hill at their home. He said there is another individual who could not be here tonight who is right across the street from the patio in the stone house, whose bedrooms overlook the patio. He is the closest of anybody and would be impacted. City Planner Wittman invited that property owner to submit comments to the Council. Barbara Buggert, 101 East Olive Street, said her issue is that it all sounds nice but that isn’t really the way it works. She doesn’t know if any of the Commissioners have been there in the evening when Shanghai Bistro was there. If the music stopped at 11 p.m. it was a blessing. They had live singers and it would be like screaming after a while. She understands that business is important to the community but this property turns over constantly. In the summertime it is wild there. She doesn’t trust that the music will be the way it was stated. Commissioner Kelly asked the residents if they have called the police to report the noise. Michelle Plocher stated she had called the police, not about the music, but about the constant noise coming from the loud air conditioners on the rooftop of the the CenturyLink building and the police came and told her to get a decibel meter. Ms. Fox said she has not called the police about music, but she has called Planning Commission May 11, 2016 Page 4 of 5 the police about activities that occur when music would end and people would come up the stairs near her home behaving drunkenly. Vice Chairman Hansen closed the public hearing. City Planner Wittman reviewed the City’s noise regulation part of the nuisance ordinance and allowable decibel levels from 10 p.m. to 8 a.m. She reviewed businesses for which the City has issued a waiver or a live outdoor entertainment permit: the Water Street Inn, the Freight House and the American Legion. Quick Fire Pizza also has piped music that was allowed at one point. Vice Chairman Hansen pointed out the previously issued permits were limited whereas this request is more open ended. The topography of Stillwater makes it impossible to compare how it sounds in different locations. He recognizes that the sound carries but also that Stillwater is a tourist friendly town that draws people in because of that. He wants to balance the concerns of homeowners with the businesses. He stated he would rather be more restrictive at the beginning and ease up in the future if things go well, than leave it open ended. Commissioner Fletcher said she likes the idea of setting a check point to review the permit. Vice Chairman Hansen asked if a condition of approval could specify that if the sound is measured from a residence, it needs to be below the maximum decibel level. City Planner Wittman responded that would be a reasonable condition given they are less than one block from a residential neighborhood. Commissioner Siess questioned who can measure decibel levels, adding that if a police officer told her to go get a decibel meter it would be upsetting. She would be in favor of a probationary period if the Commission grants the SUP amendment. City Planner Wittman stated that the police department can measure decibel levels. She reminded the Commission that the police chief has requested no amplified music after 10 p.m. Commissioner Kelly noted he was worried about the cumulative effect of other outdoor music venues downtown. He suggested there be some consistency about how the City grants these permits. Vice Chairman Hansen asked what about unplugged music? A compromise may be to allow for amplified music at the same time as other use permits, but also allow for non amplified music at other times until 10 p.m. Commissioner Lauer remarked that non amplified music could mean a drum set and a trumpet. Commissioner Kelly asked the applicant if there are preferred nights for outdoor music. Mr. Najarian said the preferred evenings would be Thursday, Friday and Saturday from 7-10 p.m. Motion by Commissioner Fletcher to approve the SUP amendment for live outdoor entertainment at Lion’s Tavern with Condition A as recommended by staff; a modification to Condition B stating that amplified outdoor music is permitted only from 7-10 p.m. Thursday, Friday and Saturday from May 1 to Labor Day; Conditions C, D, and E as recommended by staff, and adding Condition F requiring a 60-day review conducted by staff for substantiated complaints to be brought before the Planning Commission in a public hearing for consideration of revocation of the permit. Motion failed for lack of a second. Planning Commission May 11, 2016 Page 5 of 5 Commissioner Kelly commented he likes the idea of limiting music to two or three nights; holidays should be specified in the motion for consistency with other businesses. Vice Chairman Hansen agreed, adding that he would prefer a 90-day review and that opening up the holidays is another good compromise for the applicant. Motion by Commissioner Fletcher, seconded by Commissioner Collins, to approve the SUP amendment for live outdoor live music with Condition A as recommended by staff; a modification to Condition B stating that amplified outdoor music is permitted only from 7-10 p.m. Thursday, Friday and Saturday from May 1 through Labor Day and including Memorial Day, Independence Day and Labor Day; with Conditions C through E as recommended by staff; adding Condition F requiring a 90-day review conducted by staff for substantiated complaints to be brought before the Planning Commission in a public hearing for consideration of revocation of the permit. All in favor, 6-0. UNFINISHED BUSINESS There was no unfinished business. NEW BUSINESS There was no new business. STAFF UPDATES Ms. Wittman reported that the Council will be discussing overnight lodging and short term rentals, VRBO, air B & Bs and similar uses. ADJOURNMENT Motion by Commissioner Fletcher, seconded by Commissioner Lauer, to adjourn the meeting at 8:42 p.m. All in favor, 6-0. Respectfully Submitted, Julie Kink Recording Secretary