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HomeMy WebLinkAbout2018-06-13 CPC MIN PLANNING COMMISSION MEETING MINUTES June 13, 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 and Lauer; Councilmember Menikheim Absent: Commissioners Hade, Kocon and Siess Staff: City Planner Wittman APPROVAL OF MINUTES Possible approval of minutes of May 9, 2018 regular meeting Motion by Commissioner Hansen, seconded by Commissioner Fletcher, to approve the minutes of the May 9, 2018 regular meeting. Motion passed 4-0. OPEN FORUM There were no public comments. PUBLIC HEARINGS Case No. 2018-29: Consideration of a Preliminary Plat and ZAM to rezone and subdivide land into three lots for the property located at 7990 Neal Avenue North in the AP District. Craig Wahlquist, property owner and Dan Thurmes, applicant. City Planner Wittman stated that Craig Wahlquist plans to subdivide his 1.27 acre homestead property at 7990 Neal Avenue into three lots. One of the lots will be for the Wahlquist home and two lots will be for new homes. The subdivision is to be known as Neal Meadows 5th Addition. In order to subdivide the property as proposed, a request has been made for: 1) Rezoning from AP, Agricultural Preservation to RA, Single-Family Residential; 2) Preliminary Plat of Neal Meadows 5th Addition; and 3) Vacation of the platted drainage and utility easements. Staff finds the rezoning to be in conformance with the Comprehensive Plan and consistent with the neighborhood, and the preliminary plat to be consistent with the development standards found in the City Zoning and Subdivision Code and therefore recommends that the Commission forward to the City Council a recommendation of approval of the Preliminary Plat and Zoning Map Amendment for the property at 7990 Neal Avenue North with five conditions. Dan Thurmes, Cornerstone Land Surveying, applicant, stated that he is comfortable with all the proposed conditions. Planning Commission June 13, 2018 Page 2 of 7 Chairman Collins opened the public hearing. There were no public comments. Chairman Collins closed the public hearing. Motion by Commissioner Hansen, seconded by Commissioner Lauer, to recommend that the City Council approve Case No. 2018-29, Preliminary Plat and ZAM to rezone and subdivide land into three lots for the property located at 7990 Neal Avenue North, with the five conditions recommended by staff. Motion passed 4-0. Case No. 2018-30: Consideration of Variances for the construction of a garage to be located in the Exterior Side Yard Setback area and to exceed the 25% Maximum Structural Coverage for the property located at 1423 Olive Street West in the RA District. David Hennes, property owner and Jeremy Wilkerson, applicant. City Planner Wittman stated that Jeremy Wilkerson has applied for variances to construct a 32’ wide by 24’ deep garage at the property located at 1423 Olive Street West. He is requesting the new garage be located 20’ from the Hemlock Street South Right-of-Way. Thus, the following variances are required: 1) a 10’ variance to the 30’ Exterior Side Yard setback; and 2) a variance to the 30% Maximum Lot Coverage for the addition of 208 square feet of impervious surface area, representing 32.6% of the total lot area. On the basis the application is in harmony with the intent of the zoning ordinance, consistent with the Comprehensive Plan and the applicant has established practical difficulty, staff recommends approval of the variances with four conditions and the additional condition that the exterior finish shall be added to the newly constructed garage within 120 days of construction. Jeremy Wilkerson, Sussel Builders, applicant, offered to answer questions. Chairman Collins opened the public hearing. There were no public comments. The public hearing was closed. Motion by Chairman Collins, seconded by Commissioner Fletcher, to approve Case No. 2018-30, Variances for the construction of a garage to be located in the Exterior Side Yard Setback area and to exceed the 25% Maximum Structural Coverage for the property located at 1423 Olive Street West, with the four conditions recommended by staff, modifying Condition #2 to state that the siding, trim, fascia and soffit boards will have the same level of detail and trim and will be the same color as the primary structure, and adding Condition #5 to state that the exterior shall be finished within 120 days of the date of issuance of the building permit. Motion passed 4-0. Case No: 2018-31: Consideration of a Variance to the 25% Maximum Structural Coverage for the construction of a single story addition on the rear of the home located at 805 Third Street South in the RB District. Michael and Olga Canning, property owners. Commissioner Lauer stated he was noticed because his backyard abuts the property. He has no financial interest in the case, but offered to recuse himself if requested. There were no objections to Commissioner Lauer participating in the discussion and vote. City Planner Wittman reported that the Cannings have applied for a variance to construct a 16’ deep by 24’ wide, single story addition to the structure located at 805 Third Street South. The addition will include a new main floor bedroom, family room and stairway to the basement. Besides the Planning Commission June 13, 2018 Page 3 of 7 addition, new sets of exterior stairs will be constructed on the north side and rear of the home. Thus, the applicant is requesting a variance to the 25% Maximum Structural Coverage for the addition of 384 square feet of enclosed living area with two 100 square foot stairwells and landings for a total of 27.5% coverage. On the basis the application is in harmony with the intent of the zoning ordinance, consistent with the Comprehensive Plan and the applicant has established practical difficulty, staff recommends approval of the variance with four conditions and the additional condition that the exterior finish shall be added to the newly constructed garage within 120 days of construction. Ms. Wittman stated that one neighbor behind the structure submitted a letter of support. Michael Canning, applicant, said he intends to restore the house’s original siding. Chairman Collins opened the public hearing. There were no public comments. Chairman Collins closed the public hearing. Motion by Commissioner Lauer, seconded by Chairman Collins, to approve Case No: 2018-31, a Variance to the 25% Maximum Structural Coverage for the construction of a single story addition on the rear of the home located at 805 Third Street South, with the four conditions recommended by staff, modifying Condition #2 to state that the siding, trim, fascia and soffit boards will have the same level of detail and trim and will be the same color as the primary structure, and adding Condition #5 to state that the exterior shall be finished within 120 days of the date of issuance of the building permit. Motion passed 4-0. Case No. 2018-33: Consideration of Variances for the construction of a detached garage to be located in the Front Yard Setback and Exterior Side Yard Setback area for the property located at 709 Everett Street North in the RB District. Jason Dell and Ann Gulbrandsen, property owners. City Planner Wittman explained that the property owners have applied for variances to construct a 24’ wide by 26’ deep detached garage at the property located at 709 Everett Street North. The new garage would be located in front of the residence. The following variances are required: 1) a 20’ variance to the 30’ Front Yard Setback from Everett Street North; and 2) a 10’ variance to the 30’ Exterior Side Yard Setback from Maple Street West. On the basis that the application is partially in harmony with the intent of the zoning ordinance, consistent with the Comprehensive Plan and the applicant has established practical difficulty, staff recommends: 1) approval of a 20’ variance to the 30’ Front Yard Setback (from Everett Street North) to construct a detached garage with four conditions and the additional condition that the exterior finish shall be added to the newly constructed garage within 120 days of construction; and 2) denial of a 10’ variance to the 30’ Exterior Side Yard Setback (from Maple Street West). The property owner does have the room to set the garage 30’ back from Maple Street. Commissioner Hansen asked how far is the neighboring house to the east set back from the street. Ms. Wittman stated that the house to the east on Maple Street sits 10’ from the property line, which is closer to Maple Street than the proposed garage. Ann Gulbrandsen, applicant, said the reason they want a 30’ setback instead of 20’ is that there are power lines going from the street to the neighbor’s house and the roof would touch those lines if the garage were built at the 30’ setback. Secondly, there is essentially no yard. It would be aesthetically pleasing to allow as much square footage as possible for landscaping green space. The proposed location is the most visually appealing location for the garage. Planning Commission June 13, 2018 Page 4 of 7 Chairman Collins opened the public hearing. Jim Moy, 720 Everett Street North, said the garage will improve the property and he supports it. Chairman Collins closed the public hearing. Commissioner Hansen pointed out that the lot is unique. He likes the design of the garage. Being ten feet back from the house to the east is sufficient and he favors granting all the requested variances. Commissioner Fletcher asked if the existence of the power line impacts the staff recommendation for denial of the Exterior Side Yard Setback variance. Ms. Wittman replied that the existence of the power line enhances the uniqueness and is a plight not created by the landowner, so if that information had been known, the staff recommendation would have likely been different. Motion by Commissioner Lauer, seconded by Chairman Fletcher, to approve Case No. 2018-33, a 20’ variance to the 30’ Front Yard Setback from Everett Street North and a 10’ variance to the 30’ Exterior Side Yard Setback from Maple Street West for the construction of a detached garage to be located in the Front Yard Setback and Exterior Side Yard Setback area at 709 Everett Street North, modifying Condition #2 to state that the siding, trim, fascia and soffit boards will have the same level of detail and trim and will be the same color as the primary structure, and that in the event the property owner anticipates changing the primary residence materials and colors, the property owner shall submit a plan for future exterior finishes, and with the addition of Condition #5 to state that the exterior shall be finished within 120 days of the date of issuance of the building permit. Motion passed 4-0. Case No. 2018-34: Consideration of a Variance for the construction of an attached deck to be located in the Rear Yard Setback area and to exceed the 30% Maximum Lot Coverage for the property located at 221 Boutwell Road North in the RA District. Eileen and Mark Douglass, property owners. Ms. Wittman reviewed the case. Eileen and Mark Douglass have applied for variances to construct a 36’ wide by approximately 14’ deep deck at the property located at 221 Boutwell Road North. The applicant is requesting the new deck be located 14’ from rear property line. The following variances are required: 1) an 11’ variance to the 25’ Rear Yard Setback; and 2) a variance to the 30% Maximum Lot Coverage for the addition of 472 square feet of deck, landing and stairway area, representing a total of 35.8% of the total lot area. On the basis the application is in harmony with the intent of the zoning ordinance, consistent with the Comprehensive Plan and the applicant has established practical difficulty, staff recommends approval of the variances associated with the construction of a deck to be attached to the home and located in the rear of the property at 221 Boutwell Road North, with three conditions. Mark Douglass thanked the Commission for its consideration. Chairman Collins opened the public hearing. Scott Allaire, 211 Boutwell Road, said he strongly supports the request. Chairman Collins closed the public hearing. Motion by Commissioner Hansen, seconded by Commissioner Fletcher, to approve Case No. 2018-34, a Variance for the construction of an attached deck to be located in the Rear Yard Setback area and to Planning Commission June 13, 2018 Page 5 of 7 exceed the 30% Maximum Lot Coverage for the property located at 221 Boutwell Road North, with the three conditions recommended by staff. Motion passed 4-0. Case No. 2018-27: Consideration of a Zoning Text Amendment to allow special events in the PA Zoning District for the Stillwater Public Library located at 224 Third Street North. Bill Turnblad representing the City of Stillwater, applicant. City Planner Wittman reported that staff was directed by the City Council to draft an ordinance that would allow the Library to operate outside events by Special Use Permit (SUP). On May 1, 2018 staff presented the draft of the ordinance and a draft of a Special Use Permit Resolution to the Council. The Council then directed staff to hold a public hearing before the Planning Commission. The Planning Commission is requested to hold the hearing and forward a recommendation to the Council. If the ordinance is adopted by the Council, then the Planning Commission would hold a public hearing in July on the Special Use Permit itself. The Zoning Text Amendment would apply to all PA zoned lands. Currently, up to three public events are allowed in any district without any special permit or license. Commissioner Hansen asked if all events at one venue would fall under one Special Use Permit. Ms. Wittman replied yes. Commissioner Hansen asked if the City would have any way of having more control. Ms. Wittman replied that the City could probably limit the total number of events per year at that site. It all comes down to the conditions of approval. Additionally, the Commission could consider recommending that the Council explore establishing performance standards for all special events in the PA District, however staff believes this can be handled through the use permitting process at the time an application for a Special Use Permit is made. Commissioner Fletcher said she would like to consider whether approving the Zoning Text Amendment would cause unintended consequences. She believes the amendment is simply adding to an existing structure for obtaining Special Use Permits so she doesn’t see any unintended consequences. City Planner Wittman reminded the Commission that at the time of application, they would look at that specific property and the concerns of that neighborhood and tailor the permit to that use. Currently, special events in these areas are not allowed, however the City knows that they are occurring. The amendment will help memorialize and legitimize these uses. The uses will have to come back before the Commission and this will give more control over the uses. The Planning Commission has the final authority on SUPs but there is a clause that when accountability is an issue, the Commission may defer them to the Council. Commissioner Hansen expressed concern about separation of power because the amendment involves several government owned properties. He would be more comfortable if the Planning Commission, which is appointed, not elected, has some say in the granting of the SUPs as opposed to the Council. Chairman Collins opened the public hearing. Susie Quaderer, 304 North Third Street, who shares a driveway with the library, said that the neighbors started this conversation 11 years ago. For the last three years, she has badgered the City about special events not being allowed in the Public Administration zone. The Library Board has met with neighbors about the issues of noise, parking problems, driveways being blocked, and Planning Commission June 13, 2018 Page 6 of 7 rowdy indoor drunk attendees of events. These problems persist despite an event coordinator and police officer being on site. There are events every weekend at the library May till October. She asked that the City further restrict the type and size of events held at the library and prohibit the wedding receptions. Mark Troendle, Library Director, said since he was hired as director in September 2017, a Library Events Task Force reviewed and rewrote the library events policy and procedures, increased damage and noise deposits, changed where smoking is allowed, and strengthened the authority of the venue coordinator, staff and security officer. If amplified sound is too loud, all those individuals have the ability to ask it be turned down or off. The library is working to be a good neighbor and is interested in continuing to host weddings as a service to the community and an opportunity to generate additional revenue. Timothy Paskvan, 314 Fourth Street North, stated the library events have gotten better but can get better yet by adhering to the principles of being good neighbors and also of local volume control. Good neighbors will turn down the volume when it upsets their neighbors. When the Police Chief has been called, the sound goes down immediately. Mr. Paskvan said he is a big user of the library and wants it to stay afloat but also wants to enjoy his home in reasonable peace and quiet. He thanked Sandy, the current library event coordinator, for doing a good job of volume control. Maureen Bell, 205 Crestwood Terrace, Vice President of the Library Board and chair of the task force that worked on the events policy, stated that when the library’s terrace was constructed in 2006-07 there was discussion with City Council members about events using that space to enhance the library’s visibility in the community and raise revenue. Now after 10-11 years, the library has learned a lot about how these events work and where they need improvement. The Library Board wants to work with the neighbors and has worked hard to make adjustments in the policy that address many of these issues. It is not a guarantee that there will not be a future problem, but the board wishes to convey its good will to work with the neighbors. Chairman Collins closed the public hearing. Chairman Collins commented that he hopes the neighbors will come back again if there are SUP applications if the Zoning Text Amendment moves forward. Commissioner Fletcher said she feels the amendment lays a good foundation for governing future approvals. Commissioner Lauer asked if the amendment is denied, would weddings no longer be permitted to take place at the library? City Planner Wittman replied if the Council decided to not have the SUPs then zoning enforcement would be responsible for enforcing the code prohibiting events at the library. Commissioner Hansen said he supports the amendment because it gives the City the power to have a discussion about the events at the library and that is the important thing to put in place. Motion by Commissioner Hansen, seconded by Commissioner Fletcher, to recommend approval of Case No. 2018-27, a Zoning Text Amendment to allow special events in the PA Zoning District for the Stillwater Public Library located at 224 Third Street North. Motion passed 4-0. Planning Commission June 13, 2018 Page 7 of 7 ITEMS OF DISCUSSION There were no items of discussion. FYI STAFF UPDATES CPC Case Files - City Council Actions Update Ms. Wittman informed the City Council voted to deny the final plat for 8 units for Heritage Ridge, formerly known as Hazel Place. The Council tabled the application submitted by Jon Whitcomb for the Condo project at Third and Myrtle, and Forge and Foundry Distillery in the old Armory. Planner I/Zoning Administrator Vacancy Ms. Wittman said Erik Olson-Williams has left the City so the position is now open. Upcoming Meetings and Events Ms. Wittman reminded the Commission of: 1) the June 26 Joint City Council and Planning Commission meeting; 2) the June 27 Comprehensive Plan Advisory Committee meeting; and 3) July 10, 24 and 31 Summer Tuesdays where there will be an opportunity to gather community input on the Comprehensive Plan. Chairman Collins thanked Vice Chairman Lauer and Commissioners Hade, Kocon and Siess for attending the Joint Comprehensive Plan meeting in May. ADJOURNMENT Motion by Commissioner Lauer, seconded by Commissioner Fletcher, to adjourn the meeting at 8:42 p.m. All in favor, 4-0. Respectfully Submitted, Julie Kink Recording Secretary