Loading...
HomeMy WebLinkAbout2016-08-10 CPC MIN PLANNING COMMISSION MEETING MINUTES August 10, 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, and Kelly; Councilmember Menikheim Absent: Commissioners Hansen, Lauer and Siess Staff: City Planner Wittman APPROVAL OF MINUTES Possible approval of July 13, 2016 meeting minutes Motion by Commissioner Hade, seconded by Commissioner Collins, to approve the July 13, 2016 meeting minutes. Motion passed 5-0. OPEN FORUM Mike Robinson, Elephant Walk Bed & Breakfast, spoke about VRBO issues and provided a list of lodging establishments that are operating without permits and without paying lodging tax. PUBLIC HEARINGS Case No. 2016-28 Variances to City Code Section 31-521, Slope Regulations, for the construction of a new residence to be located at 1010 3rd Avenue. Croix Companies, LLC, property owner. City Planner Wittman explained that in May, 2016, the City approved an administrative lot split which allowed for four previously-platted lots to be combined and split into three lots. The owner’s intent is to build a new single family residence on each parcel. In June, 2016, the property owner submitted an application to the Heritage Preservation Commission for review and approval of a new single family residence proposed for the most southerly lot in the new lot configuration. The home would be a 2.5 story structure, with a tuck-under garage. The garage would be set into the existing hillside and the lands around the house were proposed to be graded to accommodate for more positive drainage around this structure, as well as adjacent properties. At the time of building permit submittal a topographic survey was submitted and it was discovered the property contained steep slopes. The property owner was advised a variance would be required or a new site plan would need to be submitted. The property owner is seeking a variance to allow for land distributing activities to occur on/in a steep slope, to include cutting into the hillside for the installation of a foundation for a single family residence as well as grading of the land surrounding the structure. She stated that one concern was received from Planning Commission August 10, 2016 Page 2 of 4 neighbor Mary Uppgren about the loss of trees. Staff finds practical difficulty exists and recommends approval with three conditions. John Sharkey, applicant, added that he doesn’t plan to blast any of the underlying bedrock that is suspected to be about six feet down; he will be building on grade. Commissioner Fletcher asked if consideration was given to building the home elsewhere on the lot to minimize the digging into the hill. Mr. Sharkey responded that there could be a driveway slope issue and no matter where they place the house they will need a variance. Chairman Kocon pointed out the neighbor’s concern about tree removal. Mr. Sharkey stated he has made a tree plan with Ms. Uppgren and he will be removing three trees for safety purposes when digging, and replanting five. Chairman Kocon opened the public hearing. There were no public comments. The public hearing was closed. Motion by Commissioner Fletcher, seconded by Commissioner Collins, to approve Case No. 2016-28, variances to City Code Section 31-521, Slope Regulations, for the construction of a new residence to be located at 1010 3rd Avenue, with the three conditions recommended by staff. All in favor, 5-0. Case No. 2016-29 Variance to City Code Section 31-305, RA one-family district maximum lot coverage for the property located at 1095 Creekside Crossing. Jim and Julie Ligday, property owners. City Planner Wittman reviewed the request. Jim and Julie Ligday would like to construct a 960 square foot pool and deck area. However, the existing improvements on the lot nearly total the maximum allowable coverage for the RA – One Family Residential District. Therefore, the property owners are seeking a 935 square foot variance to the 30% maximum square foot coverage for the installation of a pool and appurtenances. Staff finds practical difficulty has not been established. Given the impact to the Brown’s Creek watershed and the fact that the property presents no uniqueness and the actions are a result of the property owner, staff recommends denial. Chairman Kocon confirmed with Ms. Wittman that in 2002, the same permeable surface ordinance was in place. Ms. Wittman explained that Brown’s Creek and its tributaries are designated as a trout stream habitat. The groundwater sensitive recharge area surrounds Brown’s Creek and tributaries allowing the water to remain at a cooler level necessary for trout habitat. Julie Ligday, property owner, said that their neighbors are all in favor of the pool. The size of the pool was reduced to try to meet guidelines but it is still over the maximum allowed. Drain tile, downspouts and rain gardens were installed to contain runoff. She pointed out there is a lot of impervious surface being created in surrounding new developments. Asked by Chairman Kocon, Ms. Ligday stated that after purchasing the home, they added 800 square feet to the home and added the concrete patio. She was surprised to find out about the impervious surface coverage restrictions when submitting the application for the pool. She pointed out that in other developments, neighborhood green space is viewed as part of the total permeable surface. Planning Commission August 10, 2016 Page 3 of 4 Chairman Kocon asked Ms. Wittman to address the fact that this is not a PUD and one homeowner cannot count another’s property as permeable surface. City Planner Wittman explained that in existing developments, property owners must account for surface coverage on their own property. In new developments, surface coverage is looked at at the time of development, not post-construction. Chairman Kocon opened the public hearing. There were no public comments. Chairman Kocon closed the public hearing. Commissioner Fletcher stated that she understands the desire for the pool but feels it is not justified. Chairman Kocon stated that the property owners might have had a pool but they chose to add a big patio and an addition to the house, using up the allowable surface coverage. Motion by Commissioner Collins, seconded by Commissioner Fletcher, to deny Case No. 2016-29, variance to City Code Section 31-305, RA one-family district maximum lot coverage for the property located at 1095 Creekside Crossing. Motion passed 5-0. Case No. 2016-30 Zoning Text Amendment pertaining to Temporary Family Health Care Dwellings. City of Stillwater, applicant. City Planner Wittman reviewed a draft ordinance opting out of Minnesota Statute 462.3593 which permits and regulates temporary family healthcare dwellings. The Council is expected to have the second reading of the ordinance next week and is seeking a recommendation from the Commission. Chairman Kocon remarked that in the right location, the temporary dwellings may make sense. However he would not like to see them in his neighbor’s driveway. Councilmember Menikheim stated he was initially in favor of allowing the dwellings but has since recognized concerns. If the City opts out now, it could still consider an ordinance later. Commissioner Kelly said that under the statute, the City would still be able to set some controls. Ms. Wittman said the statute as written is pretty wide open regarding what is allowed. Commissioner Hade suggested the City should opt out and if it is determined that something like this is needed, the City could enact its own ordinance. Chairman Kocon opened the public hearing. There were no public comments. The public hearing was closed. Motion by Commissioner Fletcher, seconded by Commissioner Hade, to find that temporary healthcare dwellings are not a good fit for Stillwater and recommend that the City opt out. Before calling the motion, Chairman Kocon asked that the wording be changed to “not necessarily a good fit for Stillwater” which would leave open the possibility of allowing and regulating the dwellings in the future. Commissioners Fletcher and Hade accepted the amendment to the motion. Motion passed 5-0. Commissioner Kelly commented that he would like to see the issue revisited, as he sees a lot of elderly clients who express the desire to remain in their homes. UNFINISHED BUSINESS Planning Commission August 10, 2016 Page 4 of 4 There was no unfinished business. NEW BUSINESS There was no new business. STAFF UPDATES Asked by Chairman Kocon about appeals, City Planner Wittman reported that the Swedish Church appealed the Planning Commission’s decision and will go to the City Council on September 6. Ms. Wittman reported that a new part time administrative assistant has been hired and a zoning administrator will be hired soon. Commissioner Kelly asked about annual backflow preventer inspection supposedly being required by a new law. City Planner Wittman advised she would discuss with the Building Official, email the Commissioners and place as an update in the September packet. ADJOURNMENT Motion by Commissioner Fletcher, seconded by Commissioner Collins, to adjourn the meeting at 8:03 p.m. All in favor, 5-0. Respectfully Submitted, Julie Kink Recording Secretary