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HomeMy WebLinkAbout2016-11-09 CPC MINPLANNING COMMISSION MEETING MINUTES November 9, 2016 REGULAR MEETING 7:00 P.M. Chairman Kocon called the meeting to order at 7:03 p.m. He noted that Case No. 2016-42, 1225 Broadway Street, does not require a variance, so no public hearing will be held. He also announced that Case No. 2016-40, Special Use Permit and Variances to develop a hotel with restaurant, outside eating area, parking ramp and three-story office building at 232 Main Street North, will be postponed to the December 14 meeting. Present: Chairman Kocon, Commissioners Collins, Fletcher, Kelly, Lauer Absent: Commissioners Hade, Hansen, Siess, Councilmember Menikheim Staff: City Planner Wittman APPROVAL OF MINUTES Possible approval of October 12, 2016 meeting minutes Motion by Commissioner Fletcher, seconded by Commissioner Collins, to approve the October 12, 2016 meeting minutes. Motion passed 5-0. OPEN FORUM There were no public comments. PUBLIC HEARINGS Case No. 2016-39: Special Use Permit for light manufacturing of distilled products, the operating of a tasting room similar to a restaurant, and an outdoor seating area for the property located at 124 2nd Street South. D -SAL LLC, property owner and Andrew Mosiman and Christie Wanderer, applicants. City Planner Wittman explained that the applicants wish to locate a distillery and tasting room to be called Wanderer Distilling Company in the existing building at 124 2nd Street South. The tasting room, with outdoor seating, will allow patrons to purchase and sample the products produced onsite; as per state regulation, the establishment will not be able to serve alcoholic products not produced by the facility. Approximately 2,300 square feet of the 7,500 square foot structure will be dedicated to the tasting room. Additionally, an approximately 8' X 60' patio will operate seasonally though it is not anticipated to be constructed within the first year of operation. The remaining 5,200 square feet will be dedicated to office, storage, utility, restrooms and approximately 3,000 square feet of warehouse/production space. Staff finds that with certain conditions, the proposed distillery and outdoor dining area meet the Special Use Permit provisions, and recommends conditional approval. Planning Commission November 9, 2016 Page 2 of 4 Applicants Andrew Mosiman and Christie Wanderer, 13630 Paragon Avenue North, provided design boards showing the proposed distillery and offered to answer questions. They hope to open in the spring; federal licensing will take 4-6 months and equipment takes 3-4 months to construct. Chairman Kocon opened the public hearing. Chuck Buehler, 501 Main Street, stated he mentored the applicants as part of SCORE, an organization that helps new businesses. They are very dedicated and well qualified to run a business. Chairman Kocon closed the public hearing. Motion by Commissioner Lauer, seconded by Commissioner Collins, to approve Case No. 2016-39, Special Use Permit (SUP) for light manufacturing of distilled products, the operation of a tasting room and an outdoor seating area for the property located at 124 Second Street South with the seven conditions recommended by staff. Motion passed 5-0. Case No. 2016-41: Variance for a front yard setback and a setback from a steep slope greater than 24% for the property located at 2005 Hazel Court. Brian Larson, applicant and Theresa Milbourn, property owner. City Planner Wittman explained that Theresa Milbourn is requesting approval of: 1) a 10' variance to the 30' Front Yard setback for the construction of an attached garage; and 2) a 15' variance to the 30' Steep Slope setback for the construction of a portion of a single family residence. A letter of support was received from James Purcell and Patricia Lockyear at 2001 Hazel Court, adjacent property owners. Staff finds practical difficulty has been established for the 10' encroachment of a garage into the 20' Front Yard setback and recommends approval. Staff also finds practical difficulty has been established for the encroachment of the single family residence in the 30' Steep Slope area. However, practical difficulty has not been established for the construction of a three -season porch in this same setback area. The property owner has provided an alternate design option showing how they could potentially stay within the setbacks. Staff recommends approval of a 10' variance to the 30' Steep Slope setback for the construction of portions of the single family residence but denial of a 15' variance to the 30' Steep Slope setback for the construction of a three -season porch. Commissioner Fletcher asked the rationale for the bluff setback regulation. City Planner Wittman stated it was created for areas characterized as possibly unstable. The bluffline in this circumstance is a very sheer drop. While it doesn't appear from testimony of the applicant that there has been any erosion, putting more structures on the property could possibly cause erosion issues. The applicants are trying to minimize any erosion through the modern design of the home with a roofline that will drain to the north. Commissioner Fletcher asked if the Commission approves the application and then there is future erosion and damage to the structure, could the City be held liable? Ms. Wittman said she has not consulted the City Attorney on this question. Brian Larson, 2008 Hazel Court, architect representing the applicant, informed the Commission that the lot has been empty for more than 20 years due to its steep slope. If a home were constructed closer to the front property line, it would loom over all the neighbors. The proposed small one story house Planning Commission November 9, 2016 Page 3 of 4 fits this difficult lot. The requested variances lessen the impact on the neighborhood. From his own experience living on Hazel Court, he believes the slope is relatively stable. The front porch is the reason for the requested 15' variance. In response to staff recommendations and the concern about the porch, he said there is no other logical location for a porch. Commissioner Kelly asked what would be typical as far as testing the slope for stability. Mr. Larson responded that when his house was built, they did not do testing and he has not had any issues at his home with his walkout basement. The footings for the proposed house are 20-30 feet from the edge of the slope. Commissioner Kelly noted that with the alternative design, the house would almost be touching the paving near the pond. Excavation probably could not be done so close to the pond without damage. Chairman Kocon opened the public hearing. Robert Slogar, 2012 Hazel Court, voiced support for the application. He feels the design does an excellent job of developing a challenging property and he feels the setbacks create the difficulty needed for granting the variances. The properties in the area were platted before setback regulations were in place. Asked by Commissioner Fletcher if he has experienced any erosion on his property, Mr. Slogar stated not in 35 years. Mr. Larson commented on the staff suggestion that the 15' setback be granted for the porch only. He would prefer to have the 15' setback granted for the house as a whole, in case plans have to be tweaked. Chairman Kocon responded that if needed, they would still be able to tweak the house to the north and east. Chairman Kocon closed the public hearing. Chairman Kocon said he appreciates the applicant providing two different drawings. He has an issue with bringing the house closer to the bluff to accommodate the porch. He feels it is not a practical difficulty. Commissioner Kelly remarked that the bluff side is almost a front yard. The way the house has to be situated, the actual front yard is basically a driveway, so having more setback from the pond is a good idea. He feels the fact that the regulations were developed after the parcel was platted establishes practical difficulty; the design footprint and height are very reasonable for the lot. Commissioner Collins agreed with Mr. Kelly that practical difficulty has been established. Commissioner Fletcher commented she is still uncertain about the underlying soil stability, and concerned about the impacts of granting the variance if future erosion should occur. Chairman Kocon said he feels it is a well designed home and he could support the requests as proposed but he would prefer the design be changed to an 8' by 24' porch to bring the porch further away from the bluffline and lessen the required variance. Mr. Larson responded that the applicant would not want an 8' by 24' porch that would stretch across the entire living room. Planning Commission November 9, 2016 Page 4 of 4 Commissioner Lauer said he struggles with the porch being the one thing requiring the bulk of the variance. The potential for future erosion is another concern, even though it has been a fairly stable bluffline for the past 35+ years. Commissioner Fletcher reiterated concern about the City potentially being liable for a porch falling into the ravine. Motion by Chairman Kocon, seconded by Commissioner Lauer, to approve Case No. 2016-41, Variance for a front yard setback and a setback from a steep slope greater than 24% for the property located at 2005 Hazel Court, with the four conditions recommended by staff. Motion passed 5-0. NEW BUSINESS Short Term Vacation Rental Update City Planner Wittman shared a presentation from a community forum in October. On December 6, a stakeholders' meeting will be held to help determine what regulation is needed. Ms. Wittman reviewed questions that arose during the community forum. The issue will come back before the Commission in the future. STAFF UPDATES Zoning Administrator Ms. Wittman reported that the Zoning Administrator position application period has closed and there are 35-40 applicants. Hopefully the staff person will be on board in the next couple months. Croixbay Chairman Kocon asked about the Croixbay development. Ms. Wittman said the City Council chose to not uphold any recommendations and to deny the zoning text amendment. The applicant will pursue other options for the development and bring another proposal before the Commission. ADJOURNMENT Motion by Commissioner Lauer, seconded by Commissioner Collins, to adjourn the meeting at 8:50 p.m. All in favor, 5-0. Respectfully Submitted, Julie Kink Recording Secretary