HomeMy WebLinkAbout2018-08-08 CPC MIN
PLANNING COMMISSION MEETING MINUTES
August 8, 2018
REGULAR MEETING 7:00 P.M.
Chairman Collins called the meeting to order at 7:00 p.m.
Present: Chairman Collins, Commissioners Fletcher, Hade (arrived at 7:04), Hansen, Kocon,
Lauer and Siess; Councilmember Menikheim
Absent: None
Staff: City Planner Wittman
APPROVAL OF MINUTES
Possible approval of minutes of July 11, 2018 regular meeting
Motion by Commissioner Kocon, seconded by Commissioner Fletcher, to approve the minutes of the
July 11, 2018 regular meeting. Motion passed 5-0-1 with Commissioner Siess abstaining.
OPEN FORUM
Jane Paskvan, 314 Fourth Street North, expressed frustration about loud music downtown last night.
City Planner Wittman noted that as part of Night to Unite there were over 20 outdoor block parties
throughout the community to heighten crime and drug prevention awareness.
PUBLIC HEARINGS
Case No. 2018-36: Consideration of a Zoning Text Amendment requiring City Code Section 31-521
apply only to the top of slope. Mary Russell, property owner and Larry Lappi, applicant.
City Planner Wittman noted this application doesn’t apply to a specific property. Larry Lappi and
Mary Russell have applied for a Zoning Text Amendment (ZAT) that would eliminate the setback
requirement from the toe of steep slopes. Staff finds that the proposed amendment is in general
conformance with the principles, policies and land use designations set forth in the Comprehensive
Plan. However, the strict application of the removal of the toe of slope setback could jeopardize the
stability of some slopes, thereby being in conflict with the City’s Comprehensive Plan. With
adequate engineering, the purpose and intent of the City’s Natural Resource protection regulations
could be preserved. Therefore, staff would recommend the Planning Commission make a favorable
recommendation of approval to the City Council for a Zoning Text Amendment to City Code
Section 31-521, Slope Regulations. Subd. 1(d) to read: (d) No structure may be located on a slope of
greater than 24 percent or within 30 feet of the top of a 25 percent or greater slope. Additionally,
construction adjacent to the toe of a slope could compromise the integrity of other slopes, therefore
Planning Commission August 8, 2018
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staff would recommend the following Subpart be added: A structure may be located within 30 feet of
the toe of a 25 percent or greater slope if a soil engineer’s report is submitted that documents that
slope stability will not be compromised by such structure.
Commissioner Fletcher asked, if something significant were to happen such as significant rain
events, who would be liable for damage to the structure built in the toe of the slope?
City Planner Wittman replied that the City Attorney did not indicate concern about liability arising
from the ZAT.
Commissioner Kocon said another concern is the likelihood of water in the basement or living space.
Commissioner Hansen said he shared the concern about water in the basement.
Commissioner Siess asked what did the City have before 1997?
City Planner Wittman said the City doesn’t appear to have had any conservation regulations that
regulated slope setbacks.
Larry Lappi, Post Office Box 283, informed the Commission he has a buildable lot that would be
impacted by the ZAT. It would allow him to build a two car garage without the need for variances.
Mary Russell, 921 North Second Street, addressed the issue of water in the basement. She said her
parents built their house on the top part of the lot 60 years ago. The basement does not have any
cracks. Many houses in Stillwater are built into slopes. She concurs with the need to get a good
contractor and ensure the slope is stable before building.
Chairman Collins opened the public hearing. There were no public comments. He closed the public
hearing.
Commissioner Hansen voiced support for cleaning up the ordinance to eliminate the need for
variances, and for having an engineer sign off on it.
Commissioner Hade suggested using the term professional engineer.
Commissioner Fletcher said she felt comfortable with the amendment since it is consistent with the
Minnesota Department of Natural Resource’s (MN DNR’s) interpretation for slopes in the Riverway
which indicate that a setback is required only from the top of the slope and not the toe.
Motion by Commissioner Kocon, seconded by Commissioner Lauer, to forward a recommendation to
the City Council to approve Case No. 2018-36, Zoning Text Amendment requiring City Code Section
31-521 apply only to the top of slope, with the following attorney-recommended modification to the
subpart: A structure may be located within 30 feet of the toe of a 25 percent or greater slope if a
professional engineer’s report is submitted that documents slope stability will not be compromised by
such structure. Motion passed 7-0.
Case No. 2018-37: Consideration of a Preliminary Plat and Zoning Map Amendment to rezone and
subdivide land into three lots for the property located at 8040 Neal Avenue North in the AP district.
Richard and Cheryl Ross, property owners and Dan Thurmes, applicant.
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City Planner Wittman stated that Richard and Cheryl Ross plan to subdivide their 1.25 acre
homestead property at 8040 Neal Avenue into three lots. One lot will continue to be the Ross
homestead accessed from Neal Avenue. The other two lots will be for new houses and both will gain
access from Creekside Crossing. The subdivision is to be known as Neal Meadows 6th Addition. In
order to subdivide the property as proposed, application has been made for: 1. Rezoning from AP,
Agricultural Preservation to RA, Single-Family Residential; 2. Preliminary & Final Plat of Neal
Meadows 6th Addition; 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.
Additionally, staff finds the preliminary and final plats to be consistent with the development
standards found in the City Zoning and Subdivision Code. Since completion of the staff report, the
City Attorney recommended two additional conditions: Condition #6, “The sewer and water hook-up
charges for the existing residence must be paid prior to hooking up to sanitary sewer and water”; and
Condition #7, “Tree removal in excess of 35%, or five trees per lot, will require 1:1 replacement. A
tree preservation and removal plan shall be submitted with the grading permit. Replacement trees
shall be installed in accordance with City Code Section 31-522, prior to the release of the grading
escrow.” Therefore, staff recommends that the Planning Commission forward to the City Council a
recommendation to approve the rezoning and plat requests with seven conditions.
Dan Thurmes, applicant, offered to answer questions.
Chairman Collins opened the public hearing. There were no public comments. He closed the public
hearing.
Motion by Commissioner Fletcher, seconded by Commissioner Siess, to forward a recommendation to
the City Council to approve Case No. 2018-37, Preliminary Plat and Zoning Map Amendment to rezone
and subdivide land into three lots for the property located at 8040 Neal Avenue North in the AP district,
with the seven conditions recommended by staff including a revision to Condition #3 to state “This
development is responsible for paying the applicable development impact fees including the
Transportation Adequacy fee, AUAR (Storm Sewer) and Trunk Sewer and Water fee prior to release of
the final plat for recording with Washington County.” Motion passed 7-0.
Case No. 2018-38: Consideration of a Preliminary Plat and Zoning Map Amendment to rezone and
subdivide land into three lots for the property located at 8120 Neal Avenue North in the AP district.
Bruce and Linda Livermore, property owners and Dan Thurmes, applicant.
City Planner Wittman stated that Bruce and Linda Livermore plan to subdivide their 1.25 acre
homestead property at 8120 Neal Avenue into three lots. One lot will continue to be the Livermore
homestead accessed from Neal Avenue. The other two lots will be for new houses and will both gain
access from Creekside Crossing. The subdivision is to be known as Neal Meadows 7th Addition. In
order to subdivide the property as proposed, a request has been made to approve: 1. Rezoning from
AP, Agricultural Preservation to RA, Single-Family Residential; 2. Preliminary & Final Plat of Neal
Meadows 7th Addition; 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.
Additionally, staff finds the preliminary and final plats to be consistent with the development
standards found in the City Zoning and Subdivision Code. Since completion of the staff report, the
City Attorney recommended two additional conditions: Condition #6, “The sewer and water hook-up
charges for the existing residence must be paid prior to hooking up to sanitary sewer and water;” and
Condition #7, “Tree removal in excess of 35%, or five trees per lot, will require 1:1 replacement. A
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tree preservation and removal plan shall be submitted with the grading permit. Replacement trees
shall be installed in accordance with City Code Section 31-522, prior to the release of the grading
escrow.” Therefore, staff recommends that the Planning Commission forward to the City Council a
recommendation to approve the rezoning and plat requests with seven conditions.
Dan Thurmes, applicant, offered to answer questions.
Chairman Collins opened the public hearing. There were no public comments. He closed the public
hearing.
Motion by Commissioner Hansen, seconded by Commissioner Kocon, to forward a recommendation to
the City Council to approve Case No. 2018-38, Preliminary Plat and Zoning Map Amendment to rezone
and subdivide land into three lots for the property located at 8120 Neal Avenue North in the AP district,
with the seven conditions recommended by staff including a revision to Condition #3 to state “This
development is responsible for paying the applicable development impact fees including the
Transportation Adequacy fee, AUAR (Storm Sewer) and Trunk Sewer and Water fee prior to release of
the final plat for recording with Washington County.” Motion passed 7-0.
Case No. 2018-39: Consideration of a Special Use Permit to allow for outdoor events to be held at the
Stillwater Public Library, located at 223 4th Street North in the PA district. Mark Troendle, applicant.
Ms. Wittman stated that the City Council recently approved an ordinance amendment to allow
outside events by Special Use Permit in the PA, Public Administration/Institutional Zoning District.
The motivating factor for approving the ordinance was to allow the Library to offer its terrace for
events. The Library has been offering its terrace for events since the building addition and
renovation was completed in 2006. The City Council at that time expected terrace rentals to be a
source of revenue for the Library. However, the zoning code did not specifically allow for outside
events in the PA District. To resolve the situation, the Council approved the ordinance amendment
and the Library has submitted an application for a Special Use Permit to allow the outside events to
continue to be held. Staff recommends approval of the Special Use Permit with eight conditions.
Commissioner Hade suggested that restricting event parking to the east side of the building would
encourage event-goers to use the parking ramp, reducing neighborhood parking issues.
City Planner Wittman replied that there are homes to the east as well, and the ramp might not be
open if the library itself is not open.
Mark Troendle, Library Director stated the library parking ramp is open during events. Overflow is
directed to the City parking ramp. He said the Library Board has worked diligently over the past year
to improve its communication, revised its meeting and event policy, increased the noise deposit fee,
and repeatedly made vendors aware of rules. They wish to continue to offer outside events as a
community service and a way to generate revenue to support library services.
Chairman Collins asked how many meetings the Library Board had with neighbors.
Mr. Troendle replied that all Library Board meetings are public and neighbors are welcome to
attend. In February when the new meeting and event policy were on the agenda, notice was sent to
all the neighbors.
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Sandy Ellis, Library Venue Coordinator, added that a library events task force had two meetings
with neighbors.
Chairman Collins asked if there have been recent issues regarding where vendors may or may not
park.
Ms. Ellis responded that a tent company truck blocked the driveway to the north (Fourth Street)
which is also a resident driveway. The neighbor informed the vendor they were blocking the
driveway, the vehicle was moved and the company was ticketed by the Police Department. Library
staff tries to make sure that vendors are not parking where prohibited. She has had two complaints
that were both noise from other venues or the street. The Library has had over 20 events this year
and has about 20 more scheduled. Another situation involved an event-goer who parked too close to
a fire hydrant. As soon as library staff were notified, they had the person move the vehicle.
Commissioner Hade asked if parking signs are put out when events occur.
Ms. Ellis replied she tells the bride and groom to put the parking directions in their invitations. The
Library does not put signs on streets.
Commissioner Lauer asked how much onsite supervision is there during events.
Ms. Ellis replied she is there with a security officer during the entire event.
Commissioner Kocon asked if Ms. Ellis has had to ask the events to turn down the volume.
Ms. Ellis replied yes, based not upon complaint but her own judgment. She has not had to pull the
plug on anyone.
Commissioner Hansen asked what is the noise deposit fee?
Ms. Ellis stated $500.
Commissioner Hansen asked what is the average rental fee?
Ms. Ellis replied for a full wedding, $3,500.
Commissioner Siess asked what is the largest group size?
Ms. Ellis replied there are chairs for 300. There has been one dinner event for 275 people. Most
average around 150 people.
Chairman Collins opened the public hearing.
Suzi Quaderer, 304 North Third Street, said she would be speaking for herself and her neighbor,
Kelley McCabe, her landlord living in the downstairs unit of the house. She thanked Councilmember
Menikheim for taking the lead in looking at this issue. She added that the vendors constitute the
majority of the parking problems. She asked if the noise deposit has ever been withheld.
Ms. Ellis replied not this year.
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Ms. Quaderer stated that, as proposed, the Library will be allowed to hold outdoor events with
amplified music seven days a week May through October. There are 11 homes within 100 feet of the
Library. She reviewed the schedule of upcoming events and discussed problems related to illegal
parking, rowdy/drunk wedding parties and guests, discourteous vendors, garbage, and inability to
access her driveway. Positive changes have been made and Ms. Ellis has been wonderful and
listened to neighborhood concerns, but there are still problems. She would like the City to limit the
number of events and number of attendees. She feels it is time that the entire community starts
paying more to support the library expansion rather than the neighborhood paying the price.
Commissioner Siess requested that the written statement become part of the record. [Written
statement available in Planning Commission official packet.]
Jane Paskvan, 314 North Fourth Street, stated the whole town is becoming noisy due to increasing
outdoor events and the topography of the valley. The Library has been wonderful this year and she is
pleased that Ms. Ellis is working with the neighbors.
Timothy Paskvan, 314 North Fourth Street, brought up the term “substantiated.” He said the concept
of community is based on an ongoing dialogue. More meetings are needed to continue the dialogue.
Ms. Ellis is the “local volume control” - otherwise there is actually no volume control. He
questioned whether it’s productive to have police focusing on sound control rather than violent
crime.
Mr. Troendle pointed out that the vendor parking in the loading zone last week was not event
related, it was a Washington County delivery contractor. He understands the issue was resolved. If
the number of events is to be limited, he would like to define “event,” for instance, is a Yoga class or
a noiseless stargazing event to be counted toward the quota? He reiterated that the public is welcome
to attend the monthly Library Board meetings the second Tuesday of every month normally at 7 p.m.
Commissioner Kocon asked has the neighborhood ever been invited to the board meetings?
Mr. Troendle stated the meetings are publicly noticed and are on the web site.
Commissioner Siess asked, can they ask to be part of the agenda?
Mr. Troendle replied there is a public comment portion.
The public hearing was closed.
Commissioner Kocon summarized that parking and noise seem to be the two issues. Dialogue in the
last year has resulted in better outcomes. He understands it’s important to have ordinance control and
not lean on the police. If it’s made clear where vendors are to park, he doesn’t know what more can
be done. He suggested specifically inviting the neighbors to the Library Board meetings. He feels the
SUP is going in the right direction and he could support it.
Commissioner Siess commented that this permit seems somewhat lax compared to some of the
institutions downtown that have more restrictions on how many events they can have. She is slightly
encouraged by the suggestion to limit the number of events.
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Commissioner Kocon commented that there are more restrictions on bars because they could be
having an event every Friday and Saturday.
Commissioner Hansen commended the current leadership of the Library for making major
improvements. Twelve years of back history can put neighbors on edge for every event. He feels the
City should review the permit annually. He would support the proposal and limit the number of
events, possibly to 40 per year.
Commissioner Siess asked about the fee schedule for receptions versus weddings.
Ms. Ellis explained there is a 4-hour rental fee and a 12-hour rental fee. It doesn’t matter whether it’s
the reception or the ceremony.
Commissioner Fletcher recognized that noise is the #1 issue and parking is a distant second.
Stillwater has become a destination for events. The City needs to start figuring out how to manage
the cumulative effect of all the outdoor music.
Chairman Collins said he likes the idea of limiting the number of events to 30-40 and reviewing the
permit annually.
Commissioner Siess said she would like to define event.
Commissioner Hade suggested defining a sound event vs. non-sound event.
Ms. Wittman stated that amplified is a term that has been used to distinguish the type of outdoor
sound. If a limit is set, the definition of events needs to be clearly established.
Commissioner Hansen said his reason for wanting to limit the number of events isn’t to cut back on
what’s happening right now, but to have some control so it doesn’t run wild.
Commissioner Kocon pointed out that the noise is tied to a reception more than a class or wedding
ceremony. He could support limiting events with amplified music.
Commissioner Hade suggested sending the application back to staff to present at the next meeting
after inserting the words amplified or non amplified music.
Ms. Wittman pointed out that Condition #3 already refers to amplified music sound.
Commissioner Siess asked what if it were limited to 20 amplified events?
Ms. Ellis replied there were 27 receptions this year.
Commissioner Hansen pointed out that acoustic music with 300 people can still cause a noise
problem whether there is amplification or not. The City should consider the amount of cumulative
noise generated, not just whether it’s amplified.
Commissioner Kocon asked what is the season for outdoor events?
Ms. Ellis replied it is May through October.
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Motion by Commissioner Kocon, seconded by Commissioner Fletcher, to approve Case No. 2018-39,
Special Use Permit to allow for outdoor events to be held at the Stillwater Public Library, located at 223
4th Street North in the PA district, with the eight conditions recommended by staff, adding Condition #9
stating, “The SUP will be reviewed by the Planning Commission on an annual basis” and Condition #10
stating, “The library is limited to 30 outside events annually from May through October, with DJs,
musicians or performers who provide amplified music/sound.”
Councilmember Menikheim said he didn’t know if the City can limit the number of events that can
be held, based on his understanding of the statute that originally established the library.
Commissioner Kocon disagreed, saying that City ordinance may restrict outdoor entertainment
regardless of the entity.
Councilmember Menikheim stated that in the Council meeting minutes regarding the library
addition, there is a statement that the Library would be expected to have events in order to be able to
fund it. This implied that the Library would have to host events as a revenue source. This Special
Use Permit will put the City back in compliance with its own ordinances. The dollars raised by
events are critical to the funding of the library.
Motion passed 6-1 with Commissioner Siess opposed.
Case No. 2018-40: Consideration of a Special Use Permit to construct an Accessory Dwelling Unit on
the property located at 406 Wilkins Street West in the RB district. Kyle and Jennifer Anderson, property
owners.
Ms. Wittman stated that Kyle and Jennifer Anderson plan to remove the existing accessory structure
and build a two-car garage with living space above. They are requesting a Special Use Permit (SUP)
for an Accessory Dwelling Unit (ADU) to be located above the garage. Staff finds the proposed
ADU meets the SUP provisions and recommends approval with seven conditions.
Kyle and Jennifer Anderson offered to answer questions.
Chairman Collins opened the public hearing. There were no public comments. He closed the public
hearing.
Motion by Commissioner Hansen, seconded by Commissioner Hade, to approve Case No. 2018-40,
Special Use Permit to construct an Accessory Dwelling Unit on the property located at 406 Wilkins
Street West in the RB district, with the seven conditions recommended by staff. Motion passed 7-0.
Case No. 2018-41: Consideration of a Variance to the 30% maximum allowed lot coverage to build a
new residence and associated improvements on the property at the corner of Pine and Seeley located in
the RA district. Henry Borg, property owner.
City Planner Wittman reviewed the case. Henry (Hank) Borg would like to construct a single family
residence with attached porch, swimming pool and driveway at the southwest corner of Pine Street
West and Seeley Street South, a 22,560 square foot (.52 acres) parcel of undeveloped land. Since
Pine Street has such a steep grade and challenging site distances at this location, the safest place to
build a driveway is from Seeley Street. But, in order to reach the house from Seeley Street, an
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unusually long “S” curved driveway is necessary. The resulting impervious coverage of the
driveway pushes total lot coverage over the maximum allowance. The 30% maximum lot coverage
would allow for 6,768 square feet of coverage; the property owner is requesting 3,217 square feet of
structural/pool coverage and 4,942 square feet of coverage for the driveway. The 8,159 square feet
of coverage represents 36% of the total lot area. Thus, the applicant is requesting a variance to the
30% Maximum Lot Coverage for the addition of 1,391 square feet of coverage area for a total of
36% total lot coverage. Two different sets of questions/comments were received from Rick and
Connie Hill, property owners of 1619 Pine Street West, regarding soil erosion and runoff, tree loss,
wildlife habitat, water and sewer connections, property values, traffic and street parking. Comments
were also received from Corrine and Herb Lundberg who live directly to the south of the site, with
concerns about water drainage and erosion. 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 a variance to allow 36% maximum lot
coverage for the construction of an additional 1,391 square feet of impervious surface coverage on
the property located at the Southwest corner of Seeley and Pine, with eight conditions.
Chairman Collins asked the width of the driveway.
Ms. Wittman responded it is 12 feet.
Commissioner Siess asked if staff asked the applicant to make the driveway a little narrower.
Ms. Wittman said staff mentioned it but the applicant has requested the driveway as described in the
staff report.
Commissioner Siess asked the lot coverage calculations without the pool.
Ms. Wittman replied the pool is only 800 square feet, so without the pool there still would be a
difference of just under 600 square feet.
Property owner Henry Borg stated he has owned the property for 40 years. He plans to sell the home
to be built there. He has no issue with the proposed conditions recommended by staff.
Commissioner Fletcher asked why is a pool being considered?
Mr. Borg replied it is the potential buyer’s wish to build a home with a pool.
Chairman Collins opened the public hearing.
Herb Lundberg, speaking for the Corrine Lundberg Trust, 515 Pine Tree Trail, expressed concern
about drainage from the driveway right next to the property line affecting his plants. He would like a
requirement for permeable pavers, at least for the parking area by the garage and the area that is
adjacent to his driveway, or some requirement that the drainage/snow not come onto his property.
Rick Hill, 1619 West Pine Street, said he has lived there since 1984. He feels the lot is too steep, too
sandy and has stormwater containment issues. He knows of other builders who have concluded that
building on this site is a disaster waiting to happen. The risk of serious complications outweighs the
development. His primary concern is water runoff containment and erosion control. The more trees
that are removed, the worse it will be. He is particularly interested in knowing whether the Planning
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Commission has ordered and reviewed computer simulations to calculate the additional water runoff
that would be caused by violating the 30% standard, and the effect of the impermeable driveway. If
they have not seen computer simulations, the variance should be denied. He questioned snow
removal and accumulation. He pointed out that Lily Lake is in the process of being clarified and
stabilized at huge expense to the City. He discussed the devastating impact that additional water flow
could have on adjacent properties and on Lily Lake.
Jackie Ulrich, 612 Lake Drive, a resident for 34 years, asked how high is the retaining wall in the
back going to be and how much water will it have to hold back? She stated there are a lot of
problems with water going into Lily Lake. This lot cannot support a large house and it would be out
of place in an area of ramblers. To speak to an issue discussed earlier, her husband was a police
officer in Stillwater in 1980-81 and the biggest complaints were from noise downtown, so noise is
nothing new to downtown Stillwater.
Marlene Junker, 1717 Pine Street West, stated her concerns have been covered. She would like to
know how high the retaining wall would be. She opposes the removal of trees.
Sheldon Mann, resident of 1618 Pine Street West since 1970, said that prior to the concrete road
being put in on Pine Street Hill, residents were told that the Hill property and what became his
property were covered with sand. The proposed driveway will be a nightmare to keep clean in the
winter. He is concerned about where water will go when the pool is drained.
Anne Farnham, 617 Pine Tree Trail, recalled that two weeks ago there was a terrible storm that
caused a lot of water in driveways and yards. Today a man from Xcel Energy asked if they could use
her yard to bring some equipment because the yard below had been so destroyed by the storm event
that they wanted to make a terracing system. She asked how will the water be stopped from eroding
that property?
Mary Mann, 1618 West Pine Street, stated when that area was built, Pine Street stopped there
because the hill was so steep. They finally decided to make it go up and when it rained, the grass
went away. There are springs all over that area. Much of the area is sand which will wash away.
Kristy Johnson, Curve Crest Boulevard, spoke about her parents’ property at 611 Lake Drive. She
recalled water problems in the neighborhood dating back to when she was a child. She has sympathy
for Mr. Borg in that he has a piece of property that is almost unbuildable and a possible buyer. She
asked if the potential buyer has considered doing a pervious driveway. She feels the lot really needs
a way to handle the water. Making it less pervious than the code allows is crazy.
Mr. Borg addressed the comments and pointed out that the City and County have very competent
staff. He has confidence in their suggestions for addressing environmental and drainage issues.
Regarding the comment about the number of builders who have looked at this property and deemed
it unbuildable, he has never had a builder discuss building on this property until now. He has had
experience putting in pavers and finds they make snow plowing a bit of a challenge.
Mr. Hill assured Mr. Borg that many people have considered building on this property, but perhaps
they didn’t know who owned the property. His basement is dry and the water runs away from his
property currently. He asked if he could sue the City if he is negatively impacted by erosion and
water caused by the granting of the variance.
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Ms. Wittman advised Mr. Hill to consult legal counsel on that question.
Brad Smith, 13877 Square Lake Trail, Baytown Township. asked Mr. Borg if anyone has ever tried
to buy this property.
Mr. Borg replied no.
Mr. Smith said if the neighbors didn’t want to have another neighbor, they should buy the lot. If the
builder has a good plan for landscaping, walls and so on, they’ll actually slow down the erosion. As
a builder himself, he is always annoyed when a neighbor complains that someone is going to build
on a lot - they should have bought it.
Chairman Collins closed the public hearing.
Commissioner Hansen stated the discussion is about a variance for lot coverage, not about whether
this lot may be built upon in general. It could be built upon without a variance. He believes that the
pool is an add-on that they want but don’t need. The topography doesn’t seem to make sense. He is
not in favor of granting the 4% additional variance to put the pool in. Having the driveway come off
Seeley rather than Pine is a good compromise. He is in favor of granting a 2% variance.
Commissioner Kocon reiterated that a driveway off Pine would be shorter and would meet the
impervious surface requirements, but it would cause a blind intersection, so the safest place to build
the driveway is off Seeley. The parking pad could be made pervious and the pool could be smaller.
There are some things a designer can do to reduce the 6% variance.
Ms. Wittman stated that staff does not consider permeable pavers to be a substitute for land in regard
to impervious surface coverage, because they require a higher level of maintenance and can
eventually become impervious. She aded that eliminating the pool would bring the surface coverage
to 33% (actually 32.6%).
Commissioner Hade said he favors granting the variance. He doesn’t see it as a big problem for the
neighborhood. The neighborhood has had an unofficial park there for 40 years.
Chairman Collins said he visited the site and saw it has a serious elevation issue. The only way to do
it is to do this kind of driveway but the extra 6% coverage makes him uncomfortable and he cannot
vote in favor of the variance.
Commissioner Fletcher said she feels she cannot grant the 6% variance until the Watershed
Management Organization reviews and recommends the application.
Commissioner Siess said if the Commission denies the request and finds that practical difficulties do
not exist, what difficulty would she say does not exist?
Commissioner Fletcher replied she would prefer to table the request to get more information from
the Watershed Management Organization.
Commissioner Kocon pointed out that Watershed Management Organization (WMO) review is a
condition of approval. He would be willing to grant the variance up to 33% coverage and trust the
Watershed Management Organization to make the right decision. He suggested adding two
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conditions, that the driveway must be canted inside so that it drains on site, and that the plans must
be submitted for approval by the WMO.
Commissioner Fletcher stated the WMO may have significant concerns that could then change the
layout of the house. That is why she would prefer to table it versus granting a 2.6% variance now.
Commissioner Siess stated a structure could be built without a variance, however there are economic
considerations because the owner wants to sell it. That is her reason for denial.
Commissioner Hansen asked, if the Watershed Management Organization says it can’t be done as
proposed, do they have the authority to deny it, or would it be a recommendation?
Ms. Wittman stated that professionals in the construction world acknowledge that anything can be
built with the right engineering. If the WMO does not approve, the City can’t issue a permit, so the
builder would have to design a new plan to meet the regulations.
Commissioner Lauer said he would be OK allowing the variance without the pool.
Ms. Wittman noted for the record that if lot coverage was at 30%, it would allow for about an 1,800
square foot footprint plus the driveway, to be in conformance with the existing code.
Motion by Commissioner Kocon, seconded by Commissioner Lauer, to approve Case No. 2018-41,
Variance to the 30% maximum allowed lot coverage to build a new residence and associated
improvements on the property at the corner of Pine and Seeley located in the RA district, to allow a
maximum of 32.6% lot coverage with +/- of .4 with the eight conditions recommended by staff, adding
Condition #9, stating “All parking and drive areas shall be sloped to prohibit runoff on neighboring
properties” and Condition #10, “Prior to the submission of grading and building permits, the applicant
shall submit plans to the Middle St. Croix Watershed Management Organization (MSCWMO) for
review of compliance with MSCWMO regulations.” Motion failed 3-4, with Commissioners Hade,
Siess, Fletcher and Chairman Collins opposed.
Motion by Chairman Collins, seconded by Commissioner Fletcher, to deny the Variance to the 30%
maximum allowed lot coverage to build a new residence and associated improvements on the property at
the corner of Pine and Seeley. Motion passed 4-3 with Commissioners Hade, Hansen and Kocon
opposed.
Mr. Borg remarked if the driveway is built off Pine Street, that would not exceed the maximum
impervious surface coverage and negate the need for a variance.
Ms. Wittman stated that is correct. She added that any interested party has 10 days to submit in
writing an appeal with a $50 fee. The case would then be scheduled for a de novo hearing before the
City Council.
Case No. 2018-42: Consideration of a Variance to the maximum allowed structural coverage and
accessory structure coverage at the property located at 1114 4th Street North in the RB district. Gretchen
Froehner and Rebecca Tarvainen, property owners.
City Planner Wittman reviewed the request. The property owners have applied for a variance to
construct a 15’ deep by 23’ wide addition to the backside of their garage located at 1114 4th Street
Planning Commission August 8, 2018
Page 13 of 15
North. The purpose of the 345 square foot addition is to provide additional storage and workshop
space on the property. The applicants are requesting: 1. A variance to the 25% Maximum Structural
Coverage for the addition of 345 square feet of accessory structure coverage for a total of 28.8%
structural coverage [City Code Section 31-308(b)(1)]; and 2. A variance for the accessory building’s
coverage to exceed 10% of the total lot area [City Code Section 31-308(a)(3)i]. With the 345 square
foot addition, the garage’s total area will increase to 873 square feet, for a total of 10.7% accessory
structure coverage. As noted, increases to accessory structure coverage above 10% of the total lot
area are not easily justified. On that basis, staff finds that only portions of the application are in
harmony with the intent of the zoning ordinance and consistent with the Comprehensive Plan, and
that the applicant established practical difficulty. Therefore, staff recommends partial approval as
follows, with four conditions. 1. Conditional approval of a variance to the 25% structure coverage
allowance [City Code Section 31-308(b)(1)], to permit the construction of a 323 square foot garage
addition to the property located at 1114 4th Street North; and 2. Denial of the variance to allow more
than 10% accessory structure coverage [City Code Section 31-308(a)(3)i], thus allowing for the
construction of no more than 323 square foot garage addition at the property located at 1114 4th
Street North.
The applicant stated they considered many other options for adding space and felt this was best plan.
Metal siding was chosen rather than stucco because stucco could not perfectly match, so metal
would be distinctly different. They would consider board and batten if required to blend with the
neighborhood better. Regarding the 10% accessory coverage, serious consideration was given to the
area as proposed. They still would like the 15 x 23’ addition to fit the plans for use of the structure.
Ms. Wittman suggested other materials might blend with the neighborhood better.
Chairman Collins opened the public hearing. There were no public comments. He closed the public
hearing.
Commissioner Kocon commented that 12.5 x 23 is functional for a garage and would fit within the
10% requirement. He doesn’t see practical difficulty in exceeding the lot coverage amount.
Regarding the exterior material, he would prefer anything as long as the color is carried through.
Chairman Collins agreed. He would be OK with the first variance. He also feels that galvanized
metal will not fit the neighborhood.
Motion by Commissioner Kocon, seconded by Chairman Collins, to approve a Variance to the
maximum allowed structural coverage and accessory structure coverage at the property located at 1114
4th Street North in the RB district to allow 28% coverage, and to deny the variance to accessory
coverage to exceed 10% of the total lot area, with the four conditions recommended by staff, modifying
Condition #b to add, “The color of the siding material match the existing home.”
Commissioner Lauer disagreed that the same exact color should be used.
Commissioner Kocon and Chairman Collins agreed to further modify Condition #b to eliminate the
reference to color but to stipulate that galvanized metal not be used.
Motion passed 7-0, with Condition #b modified to add “The addition shall not be galvanized metal.”
Planning Commission August 8, 2018
Page 14 of 15
Case No. 2018-43: Consideration of a Special Use Permit to for two existing, second-story dwelling
units, a new bar and grill, and a distillery at the property located at 227 Main Street South in the CBD
district. Mark Miller of Neon, LLC, property owner.
Ms. Wittman stated that the applicant is requesting the following for the structure at 227 Main Street
South: 1. A Special Use Permit for two existing second-story dwelling units; and 2. A Special Use
Permit for an approximately 1,350 square foot bar and grill to be known as Stillwater Proper; and 3.
A Special Use Permit for an approximately 450 square foot distillery to be operated by 45th Parallel,
a distillery currently in operation in New Richmond, WI. Comments were received from Jeff at the
Mad Capper questioning the approval of more food and liquor establishments. 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 detriment to the public welfare of the community. Therefore, staff recommends approval of a
Special Use Permit for two existing second story residential units and to operate a bar and grill
restaurant and distillery on the property located at 227 Main Street South, with eight conditions.
Mark Miller, 227 Main Street South, offered to answer questions.
Chairman Collins opened the public hearing. There were no public comments. He closed the public
hearing.
Motion by Commissioner Fletcher, seconded by Commissioner Hade, to approve Case No. 2018-43,
Special Use Permit for two existing, second-story dwelling units, a new bar and grill, and a distillery at
the property located at 227 Main Street South in the CBD district, with the eight conditions
recommended by staff. Motion passed 7-0.
ITEMS OF DISCUSSION
There were no items of discussion.
FYI STAFF UPDATES
Ms. Wittman reminded the Commission of the Boards and Commissions picnic on August 23.
ADJOURNMENT
Motion by Commissioner Hansen, seconded by Commissioner Kocon, to adjourn the meeting at 10:32
p.m. All in favor, 7-0.
Respectfully Submitted,
Julie Kink
Recording Secretary