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HomeMy WebLinkAbout2018-05-09 CPC MIN PLANNING COMMISSION MEETING MINUTES May 9, 2018 REGULAR MEETING 7:00 P.M. Chairman Collins called the meeting to order at 7:03 p.m. Present: Chairman Collins, Commissioners Fletcher, Hansen, Lauer and Siess; Councilmember Menikheim (arrived after the start of the meeting) Absent: Commissioners Hade and Kocon Staff: City Planner Wittman APPROVAL OF MINUTES Possible approval of minutes of April 11, 2018 regular meeting Chairman Collins stated that on page 7, it should read that he spoke with Councilmember Menikheim about the reappointment of Commissioners Lauer and Kocon, not Commissioners Fletcher and Kocon. Commissioner Siess stated that she did not say she would nominate Commissioner Fletcher as indicated on page 8. Motion by Commissioner Hansen, seconded by Commissioner Lauer, to approve the minutes of the April 11, 2018 regular meeting as corrected. Motion passed 5-0. OPEN FORUM There were no public comments. PUBLIC HEARINGS Case No. 2018-02: Consideration of a Variance to the maximum structural coverage in the RB – Two Family District for the property located at 618 Third Street South. Michelle and Shane Quinn, property owners (Tabled from the April meeting per applicant’s request) City Planner Wittman stated that Shane and Michelle Quinn have applied for a variance to construct an addition to an existing home and build a new detached garage at the property located at 618 Third Street South. There is an existing shared garage straddling the northern property line. The applicants hope to remove the portion of the existing garage that extends onto their property, but they have not yet reached an agreement with the adjacent property owners to allow for the release of an easement currentl y requiring the garage to remain in place. In addition to the proposed structural improvements, the applicants are also proposing a new driveway connecting the proposed garage to Third Street. There is an existing 339.45 square foot concrete pad on the north side of the property, required to remain by the easement. Because an agreement has not yet been reached with the owners Planning Commission May 9, 2018 Page 2 of 13 of the property to the north, the applicants are proposing two alternative plans. Alternative A assumes an agreement is reached to allow for the removal of the existing garage stall, while Alternative B assumes that an agreement is not reached and the existing stall must remain. Ms. Wittman explained Alternative A would result in a total of 50% of the lot area being covered by structures or impervious surfaces and require a variance to exceed the 25% allowed building coverage area by 18.4%. Alternative B would result in a total of 49.8% lot area coverage and require a variance to exceed the allowed building coverage area by 27.2%. Two comments were received from neighbors regarding Alternative A, expressing concern about drainage. Therefore the applicant is offsetting the driveway parking strips as proposed so all drainage will be on the applicant’s property. On the basis that practical difficulty has been established by the applicant, staff recommends approval of Alternative A (an 18.4% variance from the 25% maximum structural coverage) and Alternative B (a 27.2% variance) with two conditions. Chairman Collins asked who would be responsible for any repairs needed as a result of removal of a portion of the garage. Ms. Wittman said it would be part of the agreement between the two parties. Referring to the letter from the Davises, Commissioner Siess asked what is the bulge? Ms. Wittman replied it could be anything. The Davises indicated they thought there might be an oil tank buried there. It will be up to the property owner to mitigate if it is disturbed during construction. Commissioner Hansen asked if the total lot coverage percentage in the staff report is after project completion. Ms. Wittman replied yes. Shane Quinn, 618 Third Street South, explained the addition is a master bedroom on the main level. The existing garage is shared, with no wall separating the stalls. He plans to remove one stall and pay for construction of a new wall, re-sheet, paint and shingle the existing garage so it would be fully operational for the neighbor. He is currently working out the details with the neighbor and will write up a new easement. Commissioner Siess asked Mr. Quinn why he brought two options before the Commission. Mr. Quinn replied he is trying to get going on the construction schedule. Chairman Collins opened the public hearing. Tom Davis, 622 South Third Street, voiced concern about water drainage and potential damage to both houses because of how narrow the area is and the amount of pavement that would be there. He feels there may be an alternative for entry to the Quinn property which may not have been explored and may solve some of the problems. He acknowledged he needs to meet with Mr. Quinn to work out the details. Chairman Collins closed the public hearing. Commissioner Fletcher noted that a separate garage helps reduce property issues. She is comfortable approving the variance. Commissioner Hansen stated he wished the neighbors’ easement issue was resolved, but being under the 50% impervious surface total is very important. Commissioner Lauer said the proposal seems reasonable. Planning Commission May 9, 2018 Page 3 of 13 Commissioner Siess said one of her biggest problems is with the uniqueness to property. The property is smaller than all but one other property on the block. She feels that the Commission is sending the message saying, if you want something bigger on your property, you just have to go around and find all the other properties that are bigger. Commissioner Hansen said he agrees to an extent. He is comfortable approving this because it is a modest size garage and he feels the addition of a two stall garage is reasonable. Motion by Commissioner Fletcher, seconded by Commissioner Hansen, to approve Alternatives A and B for Case No. 2018-02, variance to the maximum structural coverage for the property located at 618 Third Street South, with the two conditions recommended by staff. Motion passed 4-1, with Commissioner Siess voting nay. Case No. 2018-16: Consideration of a Conditional Use Permit to operate a three unit Type C Short Term Home Rental at the property located at 209 Main Street South in the CBD district. Yani Abotbul, property owner and Mark Balay, applicant City Planner Wittman stated that Happy Bridge, LLC has applied to operate three (3) Type C Short Term Home Rentals (STHR) at this commercial property. Staff finds that with certain conditions, the proposed use conforms to the requirements and the intent of the Zoning Code, the comprehensive plan, relevant area plans, other lawful regulations, and will not be a nuisance or detriment to the public welfare of the community. Therefore, staff recommends approval with 13 conditions, with an edit to Condition #2 stating that the number of guests should be reflected on the web site. Mark Balay, representing Yani Abotbul, stated the new property owner is trying to bring compliance to the existing non-conforming use because it has already been used for overnight rentals. Chairman Collins opened the public hearing. There were no public comments. The public hearing was closed. Motion by Commissioner Siess, seconded by Commissioner Lauer, to approve Case No. 2018-16, Conditional Use Permit to operate a three unit Type C Short Term Home Rental at the property located at 209 Main Street South, with the 13 conditions recommended by staff, modifying Condition #2 to indicate that the website must be updated to reflect the number of bedrooms and maximum occupancy. Motion passed 5-0. Case No: 2018-18: Consideration of a Special Use Permit for an outdoor commercial recreational business to operate a bike rental station on the property located at 101 Water Street in the CBD district. Chuck Dougherty, property owner and Darren Dobier, applicant City Planner Wittman stated that Darren Dobier operates Diro Outdoors, a local outdoor activities and gear rental business. He is requesting the installation of up to 17 bicycles at a self-serve kiosk facility to be located on the undeveloped portion of the Water Street Inn’s parking lot. While this business will be operated seasonally, the infrastructure improvements (including signage and bicycle mounts/locks) would be permanently installed on the site. There would be no onsite management but, rather, users would be able to rent a bicycle from their smartphone. Staff finds that with certain conditions, the proposed use conforms to the requirements and the intent of the Zoning Code, the comprehensive plan, relevant area plans and other lawful regulations and will not be a nuisance or Planning Commission May 9, 2018 Page 4 of 13 detriment to the public welfare of the community. Therefore, staff recommends approval with nine conditions. Darren Dobier, 12444 Quill Way North, applicant, spoke of the need for bike rentals in Stillwater. He said the bikes will be taken offsite in the winter; the stands will remain. Bikes will be available to check out from sunrise to one hour prior to sunset. Signage will explain users must be 18 or older. Smart phone technology will allow him to verify which bikes have been checked back into the station and how many bikes are out. Chairman Collins opened the public hearing. Joshua Allison, 4401 Osgood Avenue North, asked if there are plans for biker awareness signs around downtown. Mr. Dobier replied the sign at the station will have a map showing all local bike routes, dedicated bike paths and on-street routes, and a QR code taking users to their web site for more detailed information on the safe routes. Matthew Stepaniak, 210 Laurel Street, said his guests use bike rentals a lot. He supports the request. Chairman Collins closed the public hearing. Commissioner Siess noted that she appreciates the compliance with the comprehensive plan and that the proposal was very well done. Motion by Commissioner Lauer, seconded by Commissioner Hansen, to approve Case No. 2018-18, Special Use Permit for an outdoor commercial recreational business to operate a bike rental station on the property located at 101 Water Street, with the nine conditions recommended by staff, modifying Condition #1 to allow 17 bicycles. Motion passed 5-0. Case No. 2018-19: Consideration of a Variance to the wetland setback to build a porch in the rear of the home. Property located at 3549 Eben Way, in the CR district. Dean and Roberta Hansen, property owners City Planner Wittman explained that Dean and Roberta Hansen are requesting approval of a 5’ variance to the 100’ wetland buffer setback for the construction of 12’X12’ porch and associated footings to be added to the rear of the home. If approved, approximately 20 square feet of the proposed 144 square foot porch would be located in the setback area; the remainder of the porch would be located outside of the setback area. Ms. Wittman explained that Dean Hansen purchased the property in 2000 with the acknowledgement there was a protective easement on the property. As part of the Liberty on the Lake 2nd Addition, a scenic/conservation easement was in place for the protection of wetlands and other open space areas not located on the subject property. However, at the time of the development’s approval, a less restrictive set of wetland setbacks were in place. In some locations, the existing easements are as close as 18’ to the wetland edge; in other areas the setback is well in excess of 100’. In 2008 the City updated its Local Surface Water Management Plan and wetland classification map based on data provided by Brown’s Creek Watershed District. At that time, the City adopted regulations requiring a 100’ setback from high quality wetlands, which includes this wetland. For many of the properties adjacent to high quality wetlands, portions of structures as well as yard areas encroach into the new setback areas. On the basis the application is in harmony with the general intent of the zoning ordinance, substantially consistent with the Planning Commission May 9, 2018 Page 5 of 13 comprehensive plan and the applicant has established practical difficulty, staff recommends approval with four conditions. Dean Hansen, 3549 Eben Way, stated he built the home, choosing that lot because of the unique nature of the lot and opportunity to eventually add a porch in the back. The original plans included a 20’ porch that was not built. They are selling the property and the new owner would like to have the porch. He was shocked that the wetland setbacks could be changed without notice to the homeowners directly impacted. Chairman Collins opened the public hearing. Susan Sisola, 3543 Eben Way, said she supports the request. She expressed dismay to find out at this point that half of her home is within the extended wetland setback area and there are property owners to the east whose entire home may be within the setback area. She asked that the City plan something in the very near future to explain the implications to the neighborhood property owners. Tom Conroy, proposed buyer, explained when the porch plan was designed, he never thought he would have to get a variance. He said he plans to move the retaining wall out to encompass extra area behind the driveway. The patio underneath the porch will have to be cut out to put footings in for the porch and be restored. The landscaping extends out several feet from the porch. He would like to get the variance to extend out to the edge of the existing patio which is 19.5’ out from the house. He may not need all that area but doesn’t want to be restricted as far as what he can do with landscaping. City Planner Wittman responded that is different than the application that was submitted. The existing improvements may all be maintained, to include existing retaining walls. The porch and necessary improvements for its construction include footings, foundation and associated landscaping around it, which would still be considered to be reasonably similar to the plans submitted. Chairman Collins closed the public hearing. Commissioner Hansen said the request is reasonable and he would support a 7’ variance. He does not want to grant a 5’ variance if the property owner really needs a 7’ variance. Ms. Wittman stated that granting a 7’ variance into the 100’ setback for the porch, necessary appurtenances and landscaping as shown on the plan still would be in substantial conformance with the request as it has been made. The public hearing did not notice specifically for a 5’ variance, so it still appears to be legally within the conformance of the notice. Commissioner Fletcher stated that the 100’ setback is important but she feels the variance is a justified. Commissioner Siess said she would prefer to table the case to determine the exact amount of variance needed. Motion by Commissioner Hansen, seconded by Chairman Collins, to approve Case No. 2018-19, a 7’ Variance to the wetland setback to build a porch in the rear of the home and necessary appurtenances to include associated landscaping as depicted on the plans submitted for the property located at 3549 Eben Planning Commission May 9, 2018 Page 6 of 13 Way, with the four conditions recommended by staff. Motion passed 4-1, with Commissioner Siess voting nay. Case No. 2018-20: Consideration of a Variance to the side yard setback to build an addition on the home located at 518 Owens Street North in the RB district. Matt and Kristin Hall, property owners Ms. Wittman reviewed the case. Matt and Kristin Hall are requesting a variance to the required 5’ side yard setback for the expansion of an existing three-season porch on the rear of their home. The porch is non-conforming and currently sits less than the required five feet from the north property line. The proposed expansion would involve moving the north wall one foot, six inches to the north and moving the west wall two additional feet to the west, ultimately making the currently non- conforming north wall two feet longer and bringing it closer to the north property line. The north wall is not parallel with the north property line, so it is unclear exactly how close the expanded wall will be to the property line. The applicant will need to clarify this prior to the issuance of building permits. Additionally, Building Code requires that all walls and projections within five feet of a property line must be fire-rated. On the basis that practical difficulty does exist and the proposed variance will not alter the essential character of the locality, staff recommends approval of the variance request with four conditions. Matt Hall, property owner, 518 Owens Street North, explained the plans to put an addition on the rear of the home replacing the existing three season porch and deck with living space below and above. The northwest corner of the existing structure is approximately four inches from the property line. The rear corner of the planned addition is two feet from the property line at the closest point. The overhang will not get any closer to the property line. Chairman Collins opened the public hearing. There were no public comments. The public hearing was closed. Motion by Commissioner Lauer, seconded by Commissioner Hansen, to approve Case No. 2018-20, Variance to the side yard setback to build an addition on the home located at 518 Owens Street North, with the four conditions recommended by staff. Motion passed 5-0. Case No. 2018-21: Consideration of a Seasonal Outdoor Sales permit to allow the sale of food from a food truck on the property 223 Main Street North in the CBD district. Dennis Youngquist of Minnesota Winegrowers Co-op, property owner, representing Kowalski’s City Planner Wittman reported that Northern Vineyards has submitted an application on behalf of Kowalski’s Market to allow for their food truck to be located at 223 Main Street North on Fridays between July and October from 3:00 to 7:00 pm. The truck would take up two or three of the winery’s three parking spaces. The Downtown Parking Commission (DTPC) will review the proposal next week. Three public comments were received expressing concern about competition with local businesses. Staff finds that with certain conditions, the application meets all requirements of the Food Vendor licensing provisions and recommends approval of the permit with eight conditions. Commissioner Siess remarked it would have been nice if the Downtown Parking Commission had addressed this first. Ms. Wittman replied the Planning Commission meeting is the first to take place after the application submission deadline. The DTPC meets next week. Planning Commission May 9, 2018 Page 7 of 13 Commissioner Hansen agreed that downtown parking is a changing scenario. He asked what the Downtown Parking Commission uses as its standard for considering a request. Ms. Wittman said she could provide more information on parking numbers downtown. The DTPC looks at at ratios, how many permits are given and how many spaces are mitigated. Dennis Youngquist, 223 Main Street North, General Manager, stated that the winery business has become very competitive so he has to do an event every weekend to draw customers. Regarding the dissenters’ letters, he sends many of his customers to River Market Co-op for deli food. He is not stealing lunch business, the food truck is scheduled when their business is slower and it is not every Friday, it’s only four Fridays. The food is not the same as what is offered at the River Market Deli. His business has spaces for four cars but they are seldom used, as his staff all walks to work. Chairman Collins opened the public hearing. Mead Stone, General Manager of River Market Community Co-op, congratulated Mr. Youngquist on Northern Vineyard’s 40th year in business. He stated it was a hard winter for downtown businesses. He questioned if a food truck contributes to city taxes. In 2014 the Co-op invested $300,000 in its deli and over $1 million for a total store remodel. On behalf of its 5,000 local owners he would be remiss if he didn’t express a complaint. Northern Vineyards is a winery and should focus on wine. He has no animosity toward the winery, but objects to their proposal. Chairman Collins closed the public hearing. City Planner Wittman clarified that the staff report indicates Fridays July to October because even though the application says intermittently, any time there are more than three events per year they have to become part of the business plan or go into a vendor license program. She added that there are about 1800 public parking spaces downtown. Commissioner Siess said she would like to know how many spaces are required for all businesses downtown. Commissioner Hansen expressed concern about parking. He has no problem with food trucks and understands the issue of competition. Commissioner Fletcher commented she did not think the food truck with a limited number of hours will hurt the Co-op. Motion by Chairman Collins, seconded by Commissioner Fletcher, to approve Case No. 2018-21, Seasonal Outdoor Sales permit to allow the sale of food from a food truck on the property 223 Main Street North, with the eight conditions recommended by staff. Motion passed 5-0. START HERE Case No. 2018-22: Consideration of a Special Use Permit to operate a distillery and tasting area on the property located at 107 Chestnut Street East, in the CBD district. State of MN Department of Military Affairs, property owner and Andrew Mosiman and Christie Wanderer, applicants City Planner Wittman stated that the applicants are requesting a Special Use Permit for a distillery and a Special Use Permit for a tasting room to be located in a portion of the structure at 107 Chestnut Street East, previously used as the armory garage. Staff finds that with certain conditions, the Planning Commission May 9, 2018 Page 8 of 13 proposed use conforms to the requirements and the intent of the Zoning Code, the comprehensive plan, relevant area plans and other lawful regulations and will not be a nuisance or detriment to the public welfare of the community. Therefore, staff recommends approval with nine conditions. Commissioner Siess asked if the business will use any part of the armory building. Ms. Wittman said the distillery will have exclusive use of a bathroom and a bunker room that are in the old armory portion. The bunker room, to be used as an office, is accessed only from the garage portion of the armory. Commissioner Hansen asked about parking and whether the applicants will use any of the driveway in front of the garage for off-street parking. Ms. Wittman said there is some parking along the west side of the building. The driveway area in front of the garage doesn’t meet design standards for parking. The Commission could request that the existing driveway be maximized for off-street parking as a component of the parking mitigation plan. Christie Wanderer, applicant, 13630 Paragon Avenue North, said the name of the business and the proposed location have changed since a Special Use Permit was granted in 2016 for a nearby location. This site is more cost effective and is tall enough to allow a 16 foot still. The garage building will be split in half between production and tasting room. They will only be allowed to serve what they make on the premises. They have no intention of selling food. Commissioner Siess asked for Ms. Wanderer’s opinion of the parking situation. Ms. Wanderer said she understands there is no parking on the site but also does not understand how Stillwater can grow as a community if it does not allow people to open new businesses without having to mitigate parking. She said it seems like the City penalizes new businesses, whereas existing businesses don’t have to pay into the parking system. Chairman Collins opened the public hearing. There were no public comments. The public hearing was closed. Commissioner Siess said that she has an issue with the lack of parking and that 12 spaces is a lot of parking to have to mitigate. She pointed out that residents have trouble finding parking downtown. She would like to know how much parking current downtown businesses use. Commissioner Hansen said he supports the concept but feels the armory is shooting itself in the foot because this is “the” parking area. If all of it is eliminated that leaves no parking options for other additional uses for the building. He would like to know how downtown parking requirements are calculated. He too has trouble finding parking downtown. City Planner Wittman stated that City staff is in discussion with future owners of the armory about a parking solution and has had conversations with almost every other property owner on this block. The City is looking at the need to construct more parking downtown. There are a lot of challenges with the sale of the armory. It ’s a large building and it takes time to figure out the best use. It is still being worked out by potential purchasers. Commissioner Siess recalled that after significant pushback on parking, the Crosby Hotel reconfigured their parking. Ms. Wittman explained that the hotel agreed to build a parking deck for the City instead of being allowed to just use the City’s parking. Planning Commission May 9, 2018 Page 9 of 13 Commissioner Lauer commented that he likes the idea of the distillery and finds it difficult to deny the use based on parking as the sole factor, however he agrees that parking needs to be addressed. Commissioner Hansen said this might be worth discussing with the Council at the joint meeting. Ms. Wittman pointed out that the Commission may make recommendations to the Council for code amendments, and also may defer any action to the City Council. Commissioner Hansen he is concerned about the parking but also the use of the armory. Therefore he thinks the Council could speak to it better than the Planning Commission could, with a larger overview of the issue. Commissioner Fletcher said she does not have the same concern about the armory itself. She does not want to hold up this business due to a larger, city-wide parking concern. Commissioner Siess said she views her role as Commissioner is to look at what is best for Stillwater. City Planner Wittman stated that the earliest this case would be on the Council agenda would be June 5. The applicant could still go to the DTPC which meets next week. Motion by Commissioner Hansen, seconded by Commissioner Siess, to refer to the City Council Case No. 2018-22, Special Use Permit to operate a distillery and tasting area on the property located at 107 Chestnut Street East, due to the proposal’s impact on the the parking system and the use of the armory as a whole although the use is acceptable in the CBD. Motion passed 3-2 with Commissioners Fletcher and Lauer voting nay. Commissioners Lauer and Fletcher stated that their nay votes were not to be construed as being against this particular use. Case No. 2018-23: Consideration of a Special Use Permit and Variance thereto, to build a new residential Condominium on the property located at 107 Third Street North, in the CBD district. Brown’s Creek West LLC, property owner City Planner Wittman reminded the Commission that on February 20, 2018 the City Council considered an earlier version of this project. The massing of the building and the combination of setback and height variances were found to be incompatible with the neighborhood and consequently the Planning Commission and Council denied the project. However, the use as a residential property was found to be acceptable, therefore the Council’s decision to deny was without prejudice. This was done intentionally to allow the developer the option to redesign the project and bring it back to the City for consideration without waiting for a year. The building has now been redesigned to address the Planning Commission and Council concerns. The new building has been reduced from 11 units to 9 units. The fourth floor with its penthouse has been eliminated and the footprint and mass of the building have been decreased. The resulting building now meets the height limit and required side yard setbacks. Moreover, the setback from the east lot line has been increased from 5 feet to 13 feet, which increases the separation between the proposed condo building and the single family home next door. In order to construct the revised building, the property owner has requested the following: 1. A Special Use Permit to allow the construction of a 9-unit residential building in the CBD Zoning District; 2. A Variance from the 20 foot rear yard setback to allow the east wall of the building to be 13 feet from the rear lot line; 3. A Variance from the 15 foot front yard setback to Planning Commission May 9, 2018 Page 10 of 13 allow a portion of the west wall of the building to be 5 feet from the front lot line. Seven public comments were received. Most of the comments were from neighbors in the vicinity expressing concerns about traffic impacts and the proposal’s impact on the neighborhood. Staff recommends approval of the Special Use Permit and setback variances with 16 conditions. Commissioner Siess asked about the variances. Ms. Wittman explained the variances are required to be able to accommodate the parking on site. Without the variance they may not be able to get all the required parking on site; 17 spaces are required, 24 are proposed. Commissioner Siess asked if the traffic study took weather into account. City Planner Wittman replied that the traffic study does account for some weather. Additionally in the first review, staff looked at accident reports at this site and found them to be pretty minimal, in the last 10 years less than one per year. It is well known that it is a confusing intersection, but there is not a lot of evidence that the intersection is as problematic as perceived. Roger Tomten, ARCHNET, representing Jon Whitcomb and Brown’s Creek West, explained that the new design now complies with the height requirement, reducing the building scale and eliminating two units. They have eliminated the need for some setback variances. Regarding blocking views, that is always a tough issue when starting with an empty lot. A building of any mass or scale would block somebody’s view. He offered a correction to a comment in one letter that from the deck of the library, the southern view of the St. Croix River would be blocked by this building. He stated that this building will not block any view of the river from the library plaza. Mr. Tomten stated that the developer obtained a traffic study which is summarized in the packet. He feels the new design has done a good job of utilizing the vernacular architecture of the area to create something that fits into the City. The developer will discuss with the City Council how their 40 spaces allocated in the City ramp will be incorporated into the final development package. The mansard roof will screen the public space (rooftop patio). It will be aesthetically pleasing for the residents, incorporating some green roof elements. Commissioner Siess pointed out that the comprehensive plan anticipates commercial uses on street level in the core of downtown. She spoke to Community Development Director Turnblad who told her that he feels this is not the core of downtown and she found that interpretation interesting. She asked if the applicant considered the lower level being commercial. Mr. Tomten replied yes, they considered a mixed use. Potential commercial occupants felt that the location was too far off Main Street. Another problem with mixed use was the issue of building height. By incorporating a strict foot limit on building height, the City has almost negated the ability to create mixed use space that is in character with the historic zone, because historically, commercial space has a very tall ceiling up to 16 feet. If the building were designed with a 16 foot ceiling on the first level and still have to stay under 35 feet, it would be down to a two story building which would not be financially feasible. Chairman Collins opened the public hearing. Rhonda Bright Doren, 112 Third Street South (Steepletowne Condominium) thanked the developer for making the building more aesthetically pleasing. She expressed concern about traffic, saying if there are 24 cars turning in twice a day, that makes 48 opportunities during the day that people behind those cars will have to stop halfway up the hill before they get to the intersection. She would Planning Commission May 9, 2018 Page 11 of 13 like the access removed off of Myrtle Street. She has not seen an accident but sees a lot of near misses. There are more and more pedestrians who don’t cross at the intersection because of the risk. Julie Dahl, 110 Third Street South, agreed with Ms. Bright Doren’s comments. She witnessed two accidents last summer. She feels adding more traffic to the intersection will make it worse. Scott Wallace, 112 Third Street South, Steepletowne Building, noted that the applicant has been very proactive in reaching out to neighbors. The development as now proposed represents an architecturally appropriate improvement. The traffic concerns focus on pedestrians and turning traffic. He understands the applicant’s constraints about accessing the underground parking. Residents of the Steepletowne building are concerned about their views to the northeast. Jon Whitcomb, applicant, 12950 75th Street, said the current project may have struck the right balance. He pointed out there are many bad intersections throughout the City. The engineer’s report indicated that every intersection going west from Main Street has fewer traffic accidents. It also came up that there were no private driveway incidents recorded in 10 years. The accidents are at public intersections and 80% of them are due to inattentive drivers. This project will not change inattentive driving. Regarding the number of trips per day, most people who live in this type of housing don’t use their cars as much as average. He hired engineers to see if this project would burden the intersection in a negative way. The study found that the intersection will still function as before. It will not be better but will not be substantially worse as a result of the project. Chairman Collins closed the public hearing. Commissioner Siess asked if the Commission’s decision will have to go to the Council. Ms. Wittman said she doesn’t believe so but the notice stated there will be a City Council hearing on June 5. Chairman Collins agreed that this is a better project. The mansard roof really cleans up the site. He acknowledged there will be some views lost. He does not think it would be possible to have a different access point as suggested by one speaker. He likes the fact that there are fewer variances and appreciates the applicant spending the money to do the traffic study. He feels the proposal is reasonable for the site, but recognized it is a poor intersection and hopes that staff can look at improving it somehow, maybe eliminating a parking spot to improve sight lines. City Planner Wittman said the Commission could recommend that the Traffic Safety Review Committee look at this intersection. Commissioner Hansen said he hates the intersection, which handles the majority of E-W traffic exiting downtown Stillwater, as guided in the comprehensive plan. He considers it to be the worst intersection in the City. He appreciates all the revisions and elimination of the variances, and is completely behind it but he is still really worried about the entrance on Myrtle. He recognized that according to the traffic study this development will not make the intersection any worse. But the intersection must be addressed. The City should eliminate parking on the south side of Myrtle between 2nd and 3rd Streets, and even though it would be hard in the winter, the City should probably put a four way stop sign there. The City needs to make efforts to improve the intersection if the project puts 24 more parking spaces in that area. Planning Commission May 9, 2018 Page 12 of 13 Commissioner Lauer said he has the same intellectual conflict with drivers going up or down the hill having to stop for people turning into the development. However, he really likes the way the revised building looks. Commissioner Siess said she agrees with the traffic concerns and regrets not bringing this up when it first came up, but a lot of people have come up to her and said they could be more excited about the project if it were creating more of a tax base. Having a commercial tax base is important. In the 2030 plan there also was nothing about affordable housing. So the project does not increase the City’s commercial tax base, and only a very small percentage of society will be able to afford the housing there. This is her opinion. Commissioner Fletcher acknowledged that she too struggles with this intersection but feels perhaps this project could serve as a reason to finally fix the intersection. She favors allowing this project to go forward but fixing the intersection as well. She does not want to penalize the landowner, who has worked very hard to listen to feedback and revise plans accordingly. Commissioner Hansen pointed out if the traffic study found this project will not make the intersection any worse, he doesn’t know whether the Traffic Safety Review Committee will have a different recommendation. He believes the Commission should pass it on to the Traffic Safety Review Committee and also to the City Council. Commissioner Siess said if the Commission wants the City Council to really force the issue, it should be referred to the Council. Chairman Collins said he is OK moving the project forward and giving direction to staff and Council that the Commission wants the intersection of Myrtle and Third Streets to be a high priority. Motion by Chairman Collins, seconded by Commissioner Fletcher, to approve Case No. 2018-23, Special Use Permit and Variance thereto, to build a new residential Condominium on the property located at 107 Third Street North, with the 16 conditions recommended by staff. Motion failed 2-3, with Commissioners Siess, Hansen and Lauer voting nay. Motion by Commissioner Hansen, seconded by Commissioner Siess, to refer this to the City Council. Motion passed 4-1, with Chairman Collins voting nay. Commissioner Lauer pointed out “With our strong recommendation that they look at this intersection.” FYI City Planner Wittman reminded the Commission of the upcoming Comprehensive Plan Advisory Committee meeting May 23 for the City Council, Planning, Parks, and Heritage Preservation Commissions. She added that Commissioners are always welcome to attend any Advisory Committee meetings. Chairman Collins noted the joint Planning Commission and City Council meeting will be held Tuesday June 26 at 7 p.m. at City Hall. Ms. Wittman stated Mayor Kozlowski and Chairman Collins will set the agenda. Planning Commission May 9, 2018 Page 13 of 13 ITEMS OF DISCUSSION 2018 Commission Appointments and Chair Elections Motion by Commissioner Fletcher, seconded by Commissioner Hansen, to elect Collins as Chair. Motion passed 4-1, with Commissioner Siess voting nay. Motion by Chairman Collins, seconded by Commissioner Fletcher, to elect Lauer as Vice Chair. Motion passed 4-1, with Commissioner Siess voting nay. Ms. Wittman reported that a Linden Street variance for a rear yard deck, which the Commission voted to deny, was appealed to the Council and the Council upheld the Commission’s decision. ADJOURNMENT Motion by Commissioner Lauer, seconded by Commissioner Hansen, to adjourn the meeting at 10:48 p.m. All in favor, 5-0. Respectfully Submitted, Julie Kink Recording Secretary