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HomeMy WebLinkAbout1976-11-01 CPC MIN STILLWATER PLANNING COMMISSION MI `.SES PLACE': Council Chambers TIME: 7:30 P.M. DATE: November 1, 1976 MEMBERS PRESENT: Martin Hansen Russell Meister Ann Bodlovick Charles Swanson Ronald Kiel Jeffrey Zoller Chris Madsen APPROVAL OF MINUTES Chairman Martin Hansen called the meeting to order. Ann Bodlovick moved that the minutes of the October 5, 1976 meeting be approved as submitted. The motion was seconded and passed unanimously. SPECIAL USE PERMITS Case No. 256. Applicant: Michael Gearhart. Address: 1001 So. Holcombe Street. Variance to build a garage in the side yard. The Commissioners examined a sketch showing the location of the proposed garage. Russell Meister moved that the Stillwater Planning Commission recommend that a variance be granted to Michael Gearhart to build a garage in the side yard at 1001 South Holcombe Street. The motion was seconded and passed unanimously. Case No. 259. Applicant: Clark R. Nyberg. Address: 506 West Pine Street. Permit to continue remodeling carriage house into single family dwelling. Mr. Nyberg stated that he is currently living in the carriage house and will continue to live there when it is completed. He stated that he plans to convert the lower level into a recreation room and the upper level into bedrooms and bath. The lot is 150' x 152' and is a corner lot. Mr. Nyberg noted that he intends to put in additional parking at a future date. It was noted that the carriage house is only 22' or 3' from the side lot line, and the question was raised as to whether or not a variance would be needed. It was felt that the City Attorney would have to rule on the necessity of rezoning the property, which is now zoned two-family. Jeffrey Zoller moved that the Stillwater Planning Commission refer Case No. 259 to the City Attorney for his study and recommendation as to the side and rear yard variances, as well as the zoning; ordinance with respect to this property. The Planning Commission requests the City Attorney's recommendations be made some- time before the next Planning Commission meeting, which will be held December 6, 1976. The Planning Commission further recommends that the City Council continue the Public Hearing on this case until a future date after the Planning Commission has made its recommendations. The motion was seconded and passed unanimously. Stillwater Planning Commission Minutes November 1, 1976 Page Two Case No. 236. Applicant: Robert H. Rygg. Address of Property: 118 North Main Street. Permit to construct an apartment on the second floor. Jeffrey Zoller excused himself from participating in the decision on this case. Mr. Rygg showed the Commissioners his plans for the apartment. He noted that there will be a small ' balcony in the alley. Ronald Kiel moved that the Stillwater Planning Commission recommend that a Special Use Permit to Robert H. Rygg to construct an apartment on the second floor at 118 North Main Street. The motion was seconded and passed, with one abstention by Jeffrey Zoller. Case No. 261. Applicant: John Bourdaghs. Address-of Property: 211 E. Chestnut Street. Permit and variance to construct a cleaning and laundering business. Mr. Bourdaghs showed the Commissioners wings of his plans for the building. The building will be 42' x 1001 , and it will be 20't 25' from the Auditorium structure. The building will face Chestnut Street. There will be a basement in the building for laundry processing. Nine off-street parking spaces will be provided. The rear opening will be 5' from the property line. Mr. Bourdaghs stated that he would like to start construction as soon as possible. It was noted that side and rear variances would be needed. Jeffrey Zoller asked about the oil storage tank under the sidewalk, and Mr. Bourdaghs stated that the City Attorney has been contacted regarding this, and he has been granted permission for the tank to be located under the sidewalk. M . Bou hs noted that the parking lot will be backopped. Chairman Hansen asked M . Bourdaghs if a parking structure were to be constructed where the auditorium building now stands, will there be any problems as far as deliveries are concerned. Mr. Bou hs replied that he would still be able to receive deliveries. The necessity of a Special Use Permit was discussed, since Ordinance 517 was noted on the application. It was thought that perhaps Ordinance 517 related to the ruling that the Planning Commission must consider all new construction in the downtown area. Ann Bodlovick moved that the Stillwater Planning Commission recommend that side and rear variances be granted to John Bourdaghs for the construction of a 42' x 100' building at 211 East Chestnut Street. The Planning Commission further commends that a Special Use Permit be granted Mr. Bou hs on Case No. 261, If indeed Ordinance 7, under which the Permit is needed, relates to the fact that all new construction of a commercial or light industrial nature must first be approved by the Planhing Commission and the City Council. The motion was Stillwater Planning Commission Minutes November 1, 1976 Page Three seconded and passed, with one abstention by Jeffrey Zoller. JIM HUNT RIVERTOWN RESTORATION Jim Hunt appea3:bdbefore--th4§'Commission to discuss the possibility of Rivertown Restoration performing an -depth study to determine what Stillwater has in terms of a rivertown character which should be preserved. He noted that any structure which has been designated as a natural landmarkmay still be torn down by the owner, but the designation warrants a reconsideration by the owner before destroying the structure. M . Hunt noted that the first duty of the Heritage Preservation Commission is t'o prepare a survey of historical buildings. He has talked to the State as to what programs are available. Mr. Hunt noted that without a survey, no grant programs will get underway. It is his desire to pe - form the survey in cooperation with the Planning Commission, and this will provide plan data base. This is material which the State Historical Preservation office will assist in providing the City, but they require that the Planning Commission be involved, with the thought that the survey can be used in the development of plans for the City in conjunction with the comprehensive plan required by the Metropolitan Council by 1980. Mr, Hunt noted that the State has said they will probably purchase the film and processing for the City and help with staffing and training people to do the survey. The budget will be approximately $1200. RTR is requesting clerical support, filing space, maps, etc. from the City. There would be no paid personnel, except possibly for architectural services. The survey would be basically of the original town, and a booklet would ultimately be published with photos and explanations. M . Hunt estimated that the survey would take less than a year. He stated that the State will send out people who� will train local people, photographs of buildings will be taken, and architectural students will then go over the material. He noted that the $1200 figure does not include the publishing of the booklet, but the booklet can be sold after publication. Chairman Hansen asked Bill Schwab, County Planner, for his comments. Mr. Schwab stated that this type of survey far exceeds what is necessary for the comprehensive plan for the City, but as long as part of it will be covered by State grant, it would probably be worth it to the City to have the survey done and use a pertinent portion for the plan submitted to the Metropolitan Council in 1980. Charles Swanson moved that the Stillwater Planning Commission endorse. Rive own Restoration's offer to do a survey of historical buildings in Stillwater Planning Commission Minutes November 1, 1976 Page Four Stillwater, and recommends to the City Council that they lend their support, financially and clerically, to Rivertown Restoration in their efforts to complete the survey. The motion was seconded and passed unanimously. Mr. Hunt noted that he will present'the Commission with more comprehensive plans at a later date. SPECIAL USE PERMITS Case No. 257. Applicant: Trinity Lutheran Church. Location of Property: 216 West Myrtle Street. Defer action - applicant not present. Case No. 248. Applicant: Ganus J. Deiss. Address of Property: 114 North Fifth Street. Permit to build a 21-unit low income apartment building. Mr. Deiss submitted the topographical map of the property. He stated that he has not secured the petition to vacate a portion of Holcombe Street as yet. There was some concern expressed as to the hill directly behind the apartment garages. Mr. Deiss stated that they plan to excavate and build a cement wall behind the garages. The question as to whether the lot can suitably support a 21-unit apartment building was considered. The exact square footage of the lot is not known. It was noted that there would be an inadequate amount of recreational space provided. Mr. Deiss stated that he was not asking for any decisions at this meeting. He noted that he intended to present the petition for a vacation of a portion of Holcombe Street at the next City Council meeting. It was suggested to Mr. Deiss that he provide the Planning Commission with the exact square footage of the property, with and without the vacated portion of Holcomb Street, as well as final contours with respect to floor elevations. Case No. 253. Applicant: Gary Eastlund, Vice President, Scottland, Inc. Address of Property: Croixwood Blvd. and County Aoad #5. Permit to construct a convenience shopping; center. At the October 5 meeting, it was decided that the Commission would seek the recommendations of Bill Schwab as to the feasibility of allowing three shopping areas to function within such close proximity. Mr. Schwab distributed copies of a memorandum to the Planning Commission and City Council dated November 1, 1976. After reading the memorandum to those present, Mr. Schwab showed the Commissioners a copy of Ordinance 479 which provides that the parcel of property in question is zoned CA, Business District, subject to the restriction that such property shall be restricted to the use of one local retail business of the corner store variety normally required for the daily needs of the residents of the locality. Mr. Schwab stated that he is very concerned about the impact of a shopping center on the residential area. Stillwater Planning Commission Minutes November 1, 1976 Page Five Chairman Hansen asked representatives of Scottland, Inc. for their comments. Mr. Lundquist, the architect of the proposed center, stated that this was the first time they had been told that the property had a restrictive zoning. He stated that they had not been advised by the City of the restriction, but they were told that any commercial use required a Special Use Permit. He noted that they would like to proceed with the Public Hearing as scheduled before the Council, at which time they will be prepared to respond to this new development. Chairman Hansen asked for comments by interested citizens. Mrs. Cheryl Oestreich, 2347 Hidden Valley Lane, presented two letters and a petition signed by 60 people opposing the proposed shopping center, stating that it will be a blight to the neighborhood environment, as well as a health hazard to the neighborhood and citizens involved. She stated that the citizens are prepared to wait until the Public Hearing to resolve the matter, if that is the decision of the Planning Commission. Another Croixwood resident noted that everyone will have to go by this store when entering Croixwood. The rest of the area is set off with trees and is well landscaped, and he felt the store would be an unattractive addition. Mr. Lundquist noted that he doubted the feasibility of putting in only the superette. He stated that it is too big a piece of property for only one store. He asked the residents what they would foresee as the ultimate use of the property-- it will be developed, and the question is, what is going to be on it? John Cance,' 2307 Hidden Valley Lane, stated that he agreed with Mr. Schwab's first recommendation on page four of his memorandum, that the Special Use Permit be denied, because he felt it was up to the Planning Commission to examine the intent of the City Council when the property was zoned originally. He noted that it appears that the area was set up as a buffer zone. He felt that zoning laws only tell you what the minimum requirements for the use of the land are, and the Planning Commission controls how the City develops the land. It was pointed out by one resident that in addition to a berm at the rear of the shopping center, they would also like a fence because of water accumulation at the site. Mr. Lundquist stated that they would rather not get into the small points at this time until they determine what can be built on the property. Once that problem is resolved, he felt they could provide adequate screening. He stated that they would like to get a legal opinion from their attorney. Stillwater Planning Commission Minutes November 1, 1976 Page Six A discussion followed as to the advisability of holding the Public Hearing before final details have been worked out. The Scottland, Inc. representatives decided that they would talk with Orrin Thompson's attorney and try to decide the major issues and determine if it is sensible to proceed with the Public Hearing. Charles Swanson moved that the Stillwater Planning Commission ask the City Attorney for an opinion relative to Ordinance 479 and relative to Bill Schwab's memorandum dated November 1, as to the indent of the ordinances was the restriction meant to allow only one business, or was the intent to allow one building with multiple businesses. The Commission would like the City Attorney's opinion before its next meeting, December 6, 1976. The motion was seconded and passed unanimously. Case No. 258. Applicant: Lou Sullivan. Address of Property: Olive Street- Highway #5. Rezoning and variance of property to remove all old buildings and build a superette. The property in question is owned by Paul Liberty. Mr. Sullivan plans to remove the two houses and gasoline station and build a free- standing 60' x 50' block building with a brick front. It was his intention to keep the gas pumps and incorporate a self-service station with the superette. The property is presently zoned single family. Mr. Sullivan was unaware of the proposed Tom Thumb store for which a building permit has been issued. The problem of traffic circulation was discussed. Charles Swanson moved that the Stillwater Planning Commission recommend that the rezoning of the Olive Street property in question (Case No. 258) be denied in order to preserve the integrity of residential zoning.. The motion was seconded and passed unanimously. OTHER BUSINESS Jeffrey Zoller stated that according to the Gazette, the Council had authorized the City Clerk to purchase the Auditorium site. He pointed out that it is the duty of the Planning Commission to review all aspects relative to planning in the City, and this authorization of purchase should have been considered by the Planning Commission before proceeding with the purchase. He cited this as being a lack of communication between the City Council and Planning Commission. Stillwater Planning Commission November 1, 1976 Page Seven Jeffrey Zoller moved that the City Council be made aware of the fact that the Stillwater Planning Commission feels their duties have been bypassed by cent action the Council has taken on development in downtown Stillwater. The Commission feels that it should be properly informed so that it can make a recommendation s the Planning Commission Charter so states. The motion was seconded and passed, with one abstention by Ann Bodlovick. ADJOURNMENT The meeting was adjournedt 10:25 P'-v!4-