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HomeMy WebLinkAbout2003-06-20 Joint Board MINMemo To: Joint Board From: Sheila McNamara, Building and Planning Departments Date: June 20, 2003 Subject: Planning Commission Minutes Enclosed are the minutes from the June 9, 2003 Planning Commission meeting. Also, enclosed are two letters regarding Cases ZAM/03-03 and SUB/03-61. City of Stillwater Planning Commission June 9, 2003 Present: Russ Hultman, chair David Junker, David Middleton, David Peroceschi, Karl Ranum, Jerry Turnquist Paul Teske and Darwin Wald Others: Community Development Director Steve Russell Absent: Robert Gag Mr. Hultman called the meeting to order at 7 p.m Mr. Wald, seconded by Mr. Junker, moved to approve the minute of May 12, 2003; motion passed unanimously. Case No. V103-49. A variance to the sign regulations (one allowed, two requested) at 1200 W. Frontage Road in the BP -C, Business Park Commercial District, Koppy Motors, applicant. William Minder represented the applicant. He stated the request for two signs was to "even the playing field" with competition. He showed photos and noted other nearby businesses have two signs. Mr. Russell pointed out that a free standing sign of up to 100 square feet is allowed in the BP -C district. The applicant stated he was told the allowable signage was much smaller, and he has already spent considerable money in having a sign constructed. If he had been told a 100 square foot sign was allowable, he would have invested in a larger sign. Mr. Middleton noted the Commission had a similar request last month which was denied due to the concern regarding proliferation of signage. Mr. Middleton, seconded by Mr. Wald, moved to deny the request; motion passed unanimously. The applicant asked whether he could have an additional sign on the side of the building, as the building is located on a corner lot. Mr. Russell said he believed that was allowable. The applicant was told to work with staff. Case No. V103-50. A variance to the front yard fence height regulations (42" allowed, 60" proposed) at 828 W. Willard St. in the RB, Two Family Residential District. Joe Thompson, applicant. Mr. Thompson said the existing fence is in disrepair. He owns a dog that can clear 40" and would like to have the fence the same height around the perimeter of the yard. He stated the fence wold be brought in 8 feet, so as not to have to remove four large pine trees. 1 City of Stillwater Planning Commission June 9, 2003 Mr. Ranum suggested there are alternatives to a 60" fence and moved to deny the request. Mr. Teske seconded the motion. Motion passed 6-2, with Mr. Middleton and Mr. Turnquist opposed. Case No. V/03-51. A variance to the side yard setback (10 feet required, 5 feet requested) for construction of an addition above an existing garage at 504 W. St. Croix Ave. in the RB, Two Family Residential District. David P. Ponath, applicant. David and Ann Ponath were present. They suggested that the addition will be an improvement to the home. The footprint of the existing structure will not be expanded. Neighbors, Jerome Petroski, 418 W. St. Croix, and Thomas Loome, North William Street, both spoke in favor of the plans. Mr. Middleton, seconded by Mr. Tumquist, moved to approve the variance as conditioned; motion passed unanimously. Case No. V/03-53. A variance to the street side yard setback (30 feet required, 11'10" requested) for construction of a two -car attached garage at 1101 S. Fourth St. in the RB, Two Family Residential District. Michael and Jennifer Peltier, applicants. Mr. and Mrs. Peltier were present and noted their house is already non -complaint with setbacks. Mrs. Peltier said they are just trying to work with the lot in order to have a two -car garage. A concern was expressed that a car parked in front of the proposed garage would extend onto the sidewalk. Mr. Teske noted that in the previous case, the requested variance did not expand the footprint of the existing structure. He suggested that in the long run, the proposal would be detrimental. Mr. Ranum agreed that he was not comfortable with the extent of proposed improvements on the lot. Mr. Junker asked the applicants whether a smaller garage might work. Mr. Middleton said he would have no problem if the garage was smaller. Mr. Hultman noted that if the garage was reduced to 22' deep, a car parked in front would not extend over the sidewalk. Mr. Ranum, seconded by Mr. Teske, moved to deny the request; motion passed unanimously. Case No. SUP/03-54. A special use permit for outdoor sales for 10 days at 1801 Market Drive (Cub Foods parking lot) in the BP -C, Business Park Commercial District. Eric Robbins, applicant. Mr. Robbins, TNT Fireworks, said the request is for the outdoor sale of Minnesota legalized fireworks. Two non -profits will conduct the sales, North Central Bible College of Minneapolis 2 City of Stillwater Planning Commission June 9, 2003 and Redeeming Love Church of Maplewood. TNT is also the in-store provider of fireworks for Cub. He said he had met with the Fire Chief regarding the request. Mr. Junker, seconded by Mr. Wald, moved approval as conditioned. Motion passed 6-2, with Mr. Middleton and Mr. Teske voting no. Case No. V/03-55. A variance to the rear yard setback (25 feet required, 10 feet requested) for construction of a three -season porch and deck at 1311 N. Third St. in the RB, Two Family Residential District. Tom and Linda Furst, applicants. Linda Furst was present. She said they would like to have a rear exit to the house, and the yard is on an incline. She said a similar variance was granted to a neighbor. She noted they had a deck before that had to be ripped down. Mr. Middleton, seconded by Mr. Peroceschi, moved approval. Motion passed 6-2, with Mr. Ranum and Mr. Wald voting no. Case No. SUB -17/03-56. Preliminary and final plat approval for a 7 -lot subdivision including two outlots at 608 N. Main St. in the CBD, Central Business District. Terra Springs, LLC, applicant. A representative of the developer briefly outlined the proposal. The two outlots will belong to the City. There also will be dedicated open space in the interior of the development for public access. The complex will include five buildings. A resident of 1002 N. First St. expressed a concern about the height of "building 5," which he said might block his river view. The developer's representative said Terra Springs will be back with building details at a later date; all view corridors will be examined in that process, he said. Mr. Tumquist noted the request is similar to what was presented to the Commission in prior presentations and moved approval as conditioned. Mr. Middleton seconded the motion. Motion passed 7-1, with Mr. Ranum voting no. Case No. ZAM/03-03. A zoning map amendment to rezone 10 lots located along 6.2"d Street North from AP, Agricultural Preservation, to LR, Lakeshore Residential. Kevin and Roxanne Shoeberg, applicants. Case No. SUB/03-61. A subdivision of a 3.03 acre lot into four lots at 12730 62°a St. N. in the LR, Lakeshore Residential District. Kevin and Roxanne Shoeberg, applicants. Mr. Shoeberg was present. He pointed out that when the property in the area was annexed to the City, it was zoned AP by "default." None of the lots in the area meet the AP designation. He said when he bought his property in 1989, it was essentially ghost platted. The rezoning, he said, will make the property conforming. He said he bought the property knowing the City was going to 3 City of Stillwater Planning Commission June 9, 2003 annex the area, and that it wold be zoned residential. He further stated that the rezoning is consistent with the City's Comprehensive Plan and does not breech any agreement with the Township. Richard Huelsmann, 12610 62nd St. N., stated that when the area was brought into the City in 1996, part of the agreement was that 62nd would remain rural in character, with no piecemeal subdivisions allowed. That portion of 62" d Street is currently an 18 -foot road that connects with the path on the west side of Long Lake. If the subdivision is allowed, he said it would increase traffic by 33 percent, and the developer could petition the City to upgrade the street. He noted that none of the lots, other than his, has lakeshore access. He further noted that the request only benefits a few property owners, and that piecemeal subdivisions will charge the character of the neighborhood. Mr. Huelsmann also read letters from Patrick A. Tynen and Jean M. Tynen, 12677 62nd St. N., and Pexry Furgala, 12525 62nd St. N., stating their opposition to the rezoning and subdivision. A resident of 2872 Long Lake Dr. asked about the possibility of assessments due to the extension of sewer services and the possibility of increased taxes. A resident of 2885 Nightingale Court asked about water runoff. Lisa and Eric Wahlin, 12563 62nd St., stated their opposition and noted the request only benefits the farthest lot. The resident of 12727 62nd St. expressed opposition to being included in the lakeshore designation. Also speaking in opposition to the proposal were the resident of 1260162 n1 St. and Kurt Zaspel, 1281162 n1 St. N. Kay Sterling, 3200 Staloch, expressed a concern about the additional hard surfaces and the affect on Long Lake. Mr. Junker asked whether all 10 lots on 62nd Street had to be included. Mr. Russell responded that spot zoning is a bad practice. According to the Comprehensive Plan, large lot residential/lakeshore residential parcels are 20,000 square feet. Mr. Wald moved to approve ZAM/03-03; motion died for lack of a second. Mr. Middleton, seconded by Mr. Teske, moved to deny ZAM/03-03. Motion to deny passed 5-3, with Mr. Wald, Mr. Ranum and Mr. Peroceschi voting no. Mr. Middleton, seconded by Mr. Teske, moved to deny SUB/03-61. Motion passed 6-2, with Mr. Wald and Mr. Peroceschi voting no. 4 City of Stillwater Planning Commission June 9, 2003 Case No. V103-57. A variance to the side yard setback (30 feet required, 20 feet requested) for construction of a garage at 603 W. Churchill St. in the RB, Two Family Residential District. Scott and Lisa DeMars, applicants. Lisa DeMars was present. She noted the existing 22 x 24 garage is only 8' from the property line and the driveway extension is on city property. The proposal is to construct a new garage of the same size farther from the home and farther from the busy intersection. An existing shed also will be removed. Mr. Turnquist, seconded by Mr. Middleton, moved approval as conditioned; motion passed unanimously. Case No. VJ03-58. A variance to the front yard setback (30 feet required, 16 feet requested) for construction of an entry overhand at 607 W. Myrtle St. in the RB, Two Family Residential District. Michelle St. Claire, applicant. Ms. St. Claire was present. She stated the existing steps must be removed. Currently, water runs behind the steps and into her basement. The overhang will extend no farther than the existing steps and will be aligned with the neighbor's house; the neighbor has no objections to the plan, she said. Mr. Ranum, seconded by Mr. Teske, moved approval as conditioned; motion passed unanimously. Case No. VJ03-59. A variance to the front yard setback (20 feet required, 11 feet requested) and to the side yard setback (6 feet required, 5' 6" requested) for construction of a front porch at 522 W. Oak St. in the RB, Two Family Residential District. Mark Balay, applicant, representing Karl Diekman. Mr. Balay and Mr. Diekman were present. The proposal is to remove an existing covered stoop and replace it with a porch that replicates, as much as possible, an original attached porch shown in old plat maps. The new porch will extend 1 foot farther in the front yard and six inches into the side yard. Mr. Teske, seconded by Mr. Wald, moved approval as conditioned; motion passed unanimously. Case No. V103-60. A variance to the front yard setback (15 feet required, 11 feet requested) for construction of a porch addition to the building at 106 E. Chestnut St. in the CBD, Central Business District. Mark Balay, representing The Mortgage Company, applicant. City of Stillwater Planning Commission June 9, 2003 Mr. Balay was present. He told the Commission the existing handicapped access ramp does not meet code. The proposed wrap-around porch will return the front steps to the front door and maintain handicapped access. Also, the proposal will provide for a pull -in drop off spot. Mr. Ranum, seconded by Mr. Middleton, moved approval as conditioned; motion passed unanimously. Case No. SUP/03-62. The case was continued until the July meeting. Other business: There was a brief discussion of a rezoning request, Case No. ZAM/03-02, the Commission heard at the May meeting. The request was denied by the Commission. The applicant appealed the decision, and the City Council has referred the matter back to the Commission. Mr. Russell suggested the Commission should be looking at the Comprehensive Plan and the long-term ramifications for rezoning the entire area. It was decided to bring the matter, and staff report, back to the Commission for discussion at the July meeting. Mr. Teske stated he would like information regarding how many of the Commissions' decision are upheld if appealed to the Council. Mr. Wald, seconded by Mr. Ranum, moved to adjourn at 9:20 p.m. Respectfully submitted, Sharon Baker Recording Secretary 31 June 9, 2003 Planning Commission City of Stillwater L16 North Fourth Street Stillwater, MN 55082 Patrick and Jean Tynen 12677 62nd Street North Stillwater, MN 55082 Re: Zoning Map Amendment (Case ZAM/03-03) and Subdivision (Case SUB/03-61) We are adamantly opposed to the proposed rezoning and subdivision as described in the two notices we received, both dated May 28`h 2003, regarding the above case numbers. We want our area on 62nd street to remain as it is now, a rural area with a northwoods atmosphere, country lane street and large lot (2 1/2 acre minimum) requirements. We request that this letter be read at the June 9t�' meeting, so as to clearly represent our views. Respectfully, �j Yatr6ck A. Tvnen Jean M. Tynen 12677 62nd Street North Planning Commission City of Stillwater 216 North Fourth Street Stillwater, MN 55082 Re: Zoning Map Amendment (Case No. Zam/03-03) and subdivision (Case No. SUB/03-61) I, Perry Furgala, am opposed to the rezoning and subdivision as described in the notice I received in the mail dated May 28, 2003. I. perry Furgala, want my area on 62"d Street to remain as a rural area, with its woodsy appeal and country lane style street and its large lot requirements. I have strong feelings regarding all the potential problems that will crop up if the rezoning is allowed to go through. I am sorry I cannot attend this meeting to express my views in person, but please mark my view down as OPPOSED. Thank you, P--- Perry 9 Fur ala 12525 626d St. N. Stillwater, MN 55082