Loading...
HomeMy WebLinkAbout2017-08-09 CPC MIN PLANNING COMMISSION MEETING MINUTES August 9, 2017 REGULAR MEETING 7:00 P.M. Chairman Collins called the meeting to order at 7:04 p.m. Present: Chairman Collins, Commissioners Kocon, Lauer and Siess, Councilmember Menikheim Absent: Commissioners Hade, Hansen and Fletcher Staff: City Planner Wittman APPROVAL OF MINUTES Possible approval of July 12, 2017 meeting minutes Commissioner Siess stated she would like page 5 to note that she referenced the Minnesota State Demographic Center in discussing the population decline. Motion by Commissioner Lauer, seconded by Commissioner Siess, to approve the June 14, 2017 meeting minutes as amended. Motion passed 3-0 in favor with Commissioner Kocon abstaining. OPEN FORUM There were no public comments. PUBLIC HEARINGS Case No. 2017-28a: Variance to construct an addition in the exterior side yard setback of the property located at 901 Sixth Avenue South. Todd & Audrey Hansen, property owners. Chairman Collins noted that this item has been withdrawn by the City. Case No. 2017-29: Amendment to a Special Use Permit for the change in ownership of a Bed and Breakfast at the property located at 303 Fourth Street North. Rachelle Davila, property owner. City Planner Wittman explained the request. Rachelle Davila has requested a transfer of the Aurora Staples Bed and Breakfast Special Use Permit, located at 303 4th Street North. The applicant has indicated operation of the existing facility would remain the same. Ms. Wittman stated that for the past five years there have been no noise complaints per a Police Department record search. The facility has operated in compliance with all regulations. One written comment was received from neighbor Tim Paskvan which Ms. Wittman said is not necessarily in opposition to the bed and breakfast, but which expresses concerns about noise and disruption resulting from the ongoing special events in the neighborhood. She further stated that Mr. Paskvan informed her that whenever he had a problem with Planning Commission August 9, 2017 Page 2 of 6 the operations of the bed and breakfast, he would contact the operators directly. Staff recommends approval with 12 conditions. Commissioner Siess asked, regarding Condition #6, what happens if they serve beer? Ms. Wittman responded that liquor may not be sold on the premise but wine is allowed by license and she will check with the City Clerk to determine whether the license includes beer. She believes beer would be permitted to be served at a catered event. She will include this information about whether beer is allowed in the staff report when it goes to the City Council. Commissioner Kocon noted that Condition #4 requires all special events to end by 9 p.m. which is significantly earlier than the library’s special events. Rachelle Davila, applicant, stated that she intends to operate in the same fashion as the previous owners and agrees to all the recommended conditions. Chairman Collins opened the public hearing. There were no public comments. The public hearing was closed. Motion by Commissioner Kocon, seconded by Chairman Collins, to recommend approval of Case No. 2017-29, amendment to a Special Use Permit for the change in ownership of a Bed and Breakfast at 303 Fourth Street North, with the 12 conditions recommended by staff. Motion passed 4-0, all in favor. Case No. 2017-30: Variances to the exterior side yard setback and maximum structural coverage for construction of a garage for the property located at 102 Cherry Street East. Chris Rustad, property owner. City Planner Wittman explained that Chris Rustad has applied for a variance to construct a garage to be located 18’ from the Third Street North right-of-way. The following variances are required: 1) a 12’ variance to the 30’ exterior side yard setback; and 2) a 7% variance to the 25% maximum structural coverage for the addition of 446 square feet of structural area. Staff recommends approval with four conditions. Commissioner Kocon asked about the setback from the north end of the lot. City Planner Wittman said that a 3’ setback is proposed on the north, which is the minimum setback. On the east side the setback is 8’. There are significant retaining walls on the property due to significant grade changes. Commissioner Kocon remarked that the proposed garage appears to be appropriate to the site. Chris Rustad, applicant, offered to answer questions. Chairman Collins thanked Mr. Rustad for his commitment to the historic restoration of the house. Mr. Rustad pointed out that a unique challenge is that the lot slopes significantly; the soil is quite sandy, so water seems to soak in. Commissioner Siess asked if Mr. Rustad is working with any particular agency on rain gardens. Mr. Rustad said he is not. Ms. Siess said she has heard of a couple that have not gone well. Ms. Wittman said this property is located in the Middle St. Croix Watershed which doesn’t have any programs for technical assistance for property owners, but the Washington County Conservation District provides technical assistance for property owners who want to address drainage issues on their property. Planning Commission August 9, 2017 Page 3 of 6 Commissioner Kocon pointed out that the property owner will be the primary affected party if the proposed rain gardens don’t work to contain runoff. Chairman Collins opened the public hearing. There were no public comments. The public hearing was closed. Motion by Commissioner Siess, seconded by Commissioner Kocon, to approve Case No. 2017-30, variances to the exterior side yard setback and maximum structural coverage for construction of a garage at 102 Cherry Street East, with the four conditions recommended by staff. Motion passed 4-0, all in favor. Case No. 2017-31: Zoning Text Amendment to allow for Board and Lodging/Rooming Houses in the Business Park-Industrial District. Colin Faulkner, applicant. City Planner Wittman stated that Colin Faulkner of The Heights has applied for a Zoning Text Amendment (ZAT) to allow for Rooming Houses to be permitted by Special Use Permit in the BP-I Business Park-Industrial Zoning District. If the Zoning Text Amendment were approved, he would then proceed with the Special Use Permit process for the Commission’s consideration of a Rooming House, licensed by the Minnesota Department of Health as a Boarding and Lodging Providing Special Services facility, on the parcel located at 1835 Northwestern Avenue, owned by Wild River Office Park, LLC. A letter of support was received from Chris Sorensen, Washington County Community Services Director. Mr. Faulkner submitted a letter of support from the Minnesota Department of Health. Staff finds that the preservation of industrial-zoned properties for industrial use is in the public interest, and that allowing for Rooming Houses in the BP-I Business Park-Industrial Zoning District would risk the loss of industrial lands. Staff further finds the proposed Zoning Text Amendment is not in general conformance with the principles, policies, and land use designations set forth in the Comprehensive Plan. Therefore, staff recommends that the Planning Commission forward a recommendation of denial to the City Council. Commissioner Siess asked Ms. Wittman to further explain, if approved, what kind of can of worms it could open. City Planner Wittman stated it would allow for Rooming Houses in the Industrial District. The challenge associated with putting residential uses in an industrial district is why zoning was created, to separate incompatible uses, particularly industrial uses next to residential uses. Commissioner Lauer asked how to reconcile uses that were there before. Ms. Wittman acknowledged that there is a brewery and an office building, Community Thread which is a community service organization, among others. The City does not want to continue allowing for incompatible uses and this is emphasized in the Comprehensive Plan. Colin Faulkner, applicant, stated he is the owner and executive director of The Heights, a 16-bed co- occurring residential treatment program serving women in St. Paul who suffer with co-occurring mental illness and chemical dependency. The program he wants to develop is not a board and lodge. He needs the license for a drug and alcohol treatment program, which requires that he obtain a board and lodging license. He stated the proposed location is ideal because of the healthcare providers on Curve Crest. The facility would provide more than 20 professional job opportunities. He provided statements of need from Washington County and a Department of Human Services Commissioner. He added that there is only one residential treatment program for women in Washington County, which is in Scandia. Planning Commission August 9, 2017 Page 4 of 6 Commissioner Kocon asked if Mr. Faulkner has looked at other more appropriate locations. Mr. Faulkner stated he has not. Chairman Collins asked about the average stay. Mr. Faulkner replied the average stay is 60-70 days. Commissioner Siess questioned the fact that the facility has to be classified as a boarding house. Mr. Faulkner confirmed he has to get a board and lodge license as a prerequisite. Ms. Wittman added that the closest thing in the City’s use table is rooming houses, where multiple unrelated people live in the same structure. Commissioner Siess stated she views this more as a hotel. City Planner Wittman responded that a hotel/motel is classified differently; hotels/motels are not allowed in the BP-I District. Commissioner Siess stated she feels there is a need for the facility, that the Commission is really getting into little specifics and she struggles with the implications, should the City rezone it. Commissioner Lauer asked what if it were classified as healthcare? Ms. Wittman checked the use table and determined it does not list hospitals. Chairman Collins opened the public hearing. There were no public comments. He closed the public hearing. Commissioner Kocon stated he cannot support the use of an industrial zone for anything other than industry, because it is the highest tax revenue base that the City has. The support is for the program and he cannot argue with that, but he feels there are better locations, for instance, the medium density residential zoning district. He is confident that the proposed use is good and there is a need, but he cannot support the loss of industrial zoned property. Chairman Collins stated this is a noble cause. He feels badly that the City does not have a lot of industrial land to begin with and he would not like to lose any more. He opposes the Zoning Text Amendment. Motion by Chairman Collins, seconded by Commissioner Kocon, to recommend denial of Case No. 2017- 31, Zoning Text Amendment to allow for Boarding and Lodging/Rooming Houses in the Business Park- Industrial District, on the basis it does not conform to the Comprehensive Plan. Motion passed 4-0, all in favor. Case No. 2017-33: Variance for the construction of a front porch in the front yard setback area of the property located at 225 Martha Street North. Rick and Stacey Carlson, property owners. City Planner Wittman stated that Rick and Stacey Carlson are requesting an 8’ variance to the required 20’ front yard setback for the construction of a front porch, to be located 16’ from the west property line. A building permit was previously issued for the proposed porch on June 22 but was put on hold on June 28 after staff discovered that the permit had been issued in error and the porch would require a setback variance. One letter was received expressing concern about whether the project would be done according to plan, based on past projects on the property, and whether the architectural style would be maintained, and expressing maintenance concerns about the property. On the basis that a building permit has already been issued for the project and the granting of the proposed variance will not alter the essential character of the locality, staff recommends approval of the variance with two conditions. Planning Commission August 9, 2017 Page 5 of 6 Stacey and Rick Carlson, property owners, offered to answer questions. Ms. Carlson refuted the concerns expressed in the letter. Chairman Collins asked if the porch will be open or enclosed. Ms. Carlson stated it will be open. Mr. Carlson pointed out the petition he submitted indicating most neighbors support the project. Chairman Collins opened the public hearing. Judy Gulden, 218 Martha Street North, voiced support for the project. She appreciates everything the homeowner has done with the property. Chairman Collins closed the public hearing. Motion by Commissioner Siess, seconded by Commissioner Lauer, to approve Case No. 2017-33, variance for the construction of a front porch in the front yard setback area of the property located at 225 Martha Street North, with the two conditions recommended by staff. Motion passed 4-0, all in favor. Case No. 2017-34: Special Use Permit for a duplex residence to be located in the Central Business District at 419 Second Street South. Brian Brosdahl, property owner. City Planner Wittman reviewed the request. She reminded the Commission that last month, the variance requests were heard due to the residential expansion. At that time the Commission noted that a condition of approval was that a Special Use Permit for a residence in the Central Business District would be required. The applicant is now requesting that Special Use Permit. Commissioner Kocon questioned the parking. stating that a garage connects to one of the living units and asking where would the other inhabitant would park. Ms. Wittman replied that for the two units, four parking spaces - two in the garage and two behind - are in compliance. Heather Fox, representing herself and Brian Brosdahl, thanked Ms. Wittman for her guidance. Chairman Collins opened the public hearing. There were no public comments. He closed the public hearing. Motion by Commissioner Kocon, seconded by Chairman Collins, to approve Case No. 2017-34, Special Use Permit for a duplex residence to be located in the Central Business District at 419 Second Street South, with the two conditions recommended by staff. Motion passed, 4-0, all in favor. NEW BUSINESS Case No. 2017-37: Short Term Home Rental Type B License to be located at 2023 Schulenburg. Rick and Missy Swanson, property owners. This item was postponed until the August 23 meeting. Approval of corrected June 14, 2017 meeting minutes. Motion by Commissioner Lauer, seconded by Commissioner Kocon, to approve the corrected June 14, 2017 meeting minutes. Motion passed 4-0, all in favor. Planning Commission August 9, 2017 Page 6 of 6 STAFF UPDATES Commissioner Siess asked if the Planning Commission Chair participates on the Heritage Preservation Commission. Ms. Wittman stated that the Heritage Preservation Commission is governed by federal regulations as a Certified Local Government. Commissioner Siess pointed out that Section 22.7, Subdivision 3 of the Municipal Code, regarding the Heritage Preservation Commission, states that “The chairman of the city planning commission or its designee and the community development director of the city shall be ex officio, nonvoting members of the commission.” City Planner Wittman stated she will check with the Clerk to see why the Chairman hasn’t been participating as a non-voting member. Commissioner Siess referred to the benefit to having a member who would have firsthand knowledge of the Heritage Preservation Commission. Commissioner Lauer said it also states that it doesn’t have to be the chairman, it could be the chairman’s designee. Commissioner Siess also pointed out that Chapter 32 of the Subdivision Code of the City of Stillwater, the Subdivision Ordinance, refers to plats being signed by the Planning Commission Chairman and also by the Planning Commission Secretary. She asked, who is the Planning Commission Secretary? City Planner Wittman replied that Community Development Director Turnblad signs plats, as a representative of the Planning Commission. Commissioner Siess stated that six and a half years ago, there were bylaws that stated the Commission would nominate a Secretary but it seems that is no longer in the code and she doesn’t know if that needs to be updated or not. If Mr. Turnblad is fulfilling that role, that’s fine, he would do a good job of it. Ms. Wittman said at times she has signed plats, for instance when she has been the only staff at a meeting and a plat has been approved; the Chairman has signed them and then she has signed them and Community Development Director Turnblad signs them, being that one last person to ensure they’re in compliance. Commissioner Siess suggested that clarification would be to state “City staff.” City Planner Wittman said this all involves the City Clerk’s office and she can bring these things up to the City Clerk and City Attorney. Ms. Wittman recapped the cases that will be heard on August 23. ADJOURNMENT Motion by Commissioner Siess, seconded by Commissioner Lauer, to adjourn the meeting at 8:14 p.m. All in favor, 4-0. Respectfully Submitted, Julie Kink, Recording Secretary