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HomeMy WebLinkAbout2018-09-12 CPC MIN PLANNING COMMISSION MEETING MINUTES September 12, 2018 REGULAR MEETING 7:00 P.M. Chairman Collins called the meeting to order at 7:00 p.m. Present: Chairman Collins, Commissioners Fletcher, Kocon and Lauer Absent: Commissioners Hade, Hansen and Siess; Councilmember Menikheim Staff: City Planner Wittman APPROVAL OF MINUTES Possible approval of minutes of August 8, 2018 regular meeting Motion by Commissioner Kocon, seconded by Commissioner Fletcher, to approve the minutes of the August 8, 2018 regular meeting. Motion passed 4-0. OPEN FORUM There were no public comments. PUBLIC HEARINGS Case No. 2018-44: Consideration of a Special Use Permit to operate a bakery and café on the property located at 310 Main Street South in the CBD District. Justin and Jill Kaufenberg, property owners. City Planner Wittman stated that the property owner is requesting a Special Use Permit for the structure at 310 Main Street South to operate a commercial bakery in 1,138 square feet at the back of the building, and an 1,146 square foot café/restaurant to be located on the lower level, accessed from Main Street South. The applicants have indicated the second story will be a shared office space, which would not require a Conditional/Special Use Permit. 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. Therefore, staff recommends approval of a Special Use Permit for a bakery and café with seven conditions. Jill Kaufenberg, building owner, said they are pleased with the building renovation. Their tenant hopes for a January 1, 2019 opening for the bakery. Chairman Collins opened the public hearing. There were no public comments. Chairman Collins closed the public hearing. Planning Commission September 12, 2018 Page 2 of 5 Motion by Commissioner Lauer, seconded by Commissioner Kocon, to approve a Special Use Permit to operate a bakery and café at 310 Main Street South with the seven conditions recommended by staff. Motion passed 4-0. Case No. 2018-46: Consideration of a Variance to the Front Yard Setback and the 25% Maximum Structural Coverage to build a covered porch in the RB – Two Family Residential Zoning District. Property located at 1217 1st Street South. Sherri Colberg, property owner and Charles Pearcy, applicant. City Planner Wittman stated that the applicant would like to construct a 6’ porch on an existing, non- conforming residence. The following variances are being requested: 1. a 1.4’ variance to the 20’ front yard setback for an existing, nonconforming residence; 2. a 6’ variance to the 20’ front yard setback for a screen porch addition; and 3. a 1% variance to the 25% maximum structural coverage for 63 square feet of the 147 square foot screen porch addition. Staff recommends approval of the variances for the construction of a 6’, L-shaped front porch to be attached to the home, with four conditions. Sherri Colberg, owner, said she would like to restore the original look of the house. Chuck Pearcy, builder, noted the porch meets height restrictions and does not interfere with traffic lines of sight. Chairman Collins opened the public hearing. There were no public comments. Chairman Collins closed the public hearing. Motion by Chairman Collins, seconded by Commissioner Fletcher, to approve a 6’ variance to the front yard setback and a 1% variance to the 25% maximum structural coverage to build a covered porch at 1217 1st Street South, with the four conditions recommended by staff. Motion passed 4-0. Case No. 2018-47: Consideration of a Special Use Permit to allow retail sales within the BP-I district. Property located at 1815 Greeley Street South. Tim Sauro, property owner representative. City Planner Wittman stated that Tim Sauro has applied for a Special Use Permit on behalf of property owner Mike McGrath and his tenant, Sew With Me. Sew With Me has a retail store in Woodbury and another in Duluth. Their business here in Stillwater is located at 1815 South Greeley Street and supports the two retail stores as well as online sales. The primary uses at the Stillwater location are: sewing machine service and repair, operation of industrial quilting machines that complete quilts for customers, filling and shipping of online orders, manufacture of quilting kits, development of store samples for their retail stores, and production of educational videos for their website. All of these uses are permitted in the BP-I Zoning District. In addition, a small percentage of the business’s floor space is dedicated to the retail sale of sewing machines, parts and related sewing supplies. Staff recommends approval with three conditions. Chairman Collins opened the public hearing. There were no public comments. Chairman Collins closed the public hearing. Motion by Commissioner Fletcher, seconded by Commissioner Kocon, to approve a Special Use Permit to allow retail sales at 1815 Greeley Street South with the three conditions recommended by staff. Motion passed 4-0. Planning Commission September 12, 2018 Page 3 of 5 Case No. 2018-48: Consideration of a Special Use Permit and associated Variance to the Rear Yard Setback to build an Accessory Dwelling Unit in the RB – Two Family Residential zoning district, located at 414 Harriet Street South. Randal and Alaina Berger, property owners. City Planner Wittman stated that Randal and Alaina Berger plan to remove the existing garage 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; and a 15’ Variance to the 25’ rear yard setback for the ADU to be located 10’ from the rear property line. A letter from Tom Michaels and Karen Ela, 613 Oak Street West, expressed concern about placement near their south property line. They have asked the Commission to require the garage to be 7.3’ from the north side property line (as originally, erroneously noted in the staff report); however the garage as proposed will be in conformance on that side. Staff finds that the proposed ADU meets the Special Use Permit provisions and recommends approval of the Special Use Permit with seven conditions. On the basis the application is in harmony and intent of the zoning ordinance, consistent with the Comprehensive Plan and the applicant has established practical difficulty, staff also recommends approval of a 15’ variance for the construction of an Accessory Dwelling Unit at 414 Harriet Street South. Commissioner Kocon asked about the fence referred to in the neighbor’s letter. Ms. Wittman explained there is a dilapidated fence on the north property line. There are no windows or openings planned on the north side of the proposed structure, so the request for a privacy fence may relate to the neighbors’ view of the structure itself. She corrected an error in the staff report, clarifying that on the north side, the garage will be 5’ off the property line which is in conformance. Randal and Alaina Berger, applicants, explained the previous garage was in disrepair. The living space above is for family as they get older. They plan to remove the current fence, which is chicken wire that the trees have grown through. Putting another fence there would require removal of existing trees, however, they are willing to consider the possibility of a fence. Chairman Collins opened the public hearing. Tom Michaels, 613 Oak Street West, stated he supports the replacement of the garage. His request for the greater setback has to do with the character of the neighborhood as well as drainage and maintenance of the buildings. It appears that historically, the lot line was roughly where the fence is now. He understands that contemporary surveys show it differently. Because his own garage is .6’ away from the lot line (nonconforming), if the new structure is 5’ away, that would leave a separation of just 5.6’ between the two structures. Adequate separation space is important for visual appearance, maintenance of the buildings and drainage. He would like the Commission to consider that the requested fence wouldn’t screen anything between the two structures, but would address the fact that the old garage is moved and there are new sight lines of the parking area. Commissioner Kocon asked if he has thought of putting up his own fence. Mr. Michaels acknowledged there are many maturing trees there that he would like to remain. If the trees remain, he agreed there continues to be a buffer. Chairman Collins closed the public hearing. Chairman Collins said he sees the variance request as reasonable. He understands Mr. Michaels’ concerns but supports the variance. Planning Commission September 12, 2018 Page 4 of 5 Commissioner Kocon said the 5’ is what the ordinance requires. The Commission would need a valid reason to require a greater setback. He understands Mr. Michaels’ reasons but supports the variance. Motion by Commissioner Kocon, seconded by Commissioner Lauer, to approve a Special Use Permit and associated Variance to build an Accessory Dwelling Unit at 414 Harriet Street South, with the seven conditions recommended by staff. Motion passed 4-0. Case No. 2018-49: Consideration of a Special Use Permit for a “Commercial Use Not Found Objectionable by the Neighbors” in the RCM – Medium Density Residential zoning district. Property located at 320 Myrtle Street West, located in the RCM district. Amy Haugen, applicant. City Planner Wittman stated that Amy Haugen, owner of Stillwater Skin LLC has applied for a Conditional Use Permit to operate a skincare business in the structure located at 320 Myrtle Street West, a single family residential structure. The business, licensed as a salon, would be the only occupant. Seven parking spaces would be required. Letters of support have been received from the occupants of 330 and 332 Myrtle Street West. Since the staff report was completed, a recommended condition has been added stating that the property owner shall trim vegetation near the driveway entrance as to maintain a clear sight triangle with the roadway and sidewalk. 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. Therefore, staff recommends approval of a Special Use Permit with 11 conditions. Amy Haugen, applicant, explained that her goal is to maintain a small business in a quiet, tranquil space. She has no intention to grow the business. She has been working with an architect on meeting the parking requirement. Chairman Collins opened the public hearing. Richard McDonough, RM Realty, 124 North Main Street, noted the site is a good property for a commercial use. Chairman Collins closed the public hearing. Motion by Commissioner Kocon, seconded by Commissioner Lauer, to approve a Special Use Permit for a “Commercial Use Not Found Objectionable by the Neighbors” at 320 Myrtle Street West with the 11 conditions recommended by staff. Motion passed 4-0. FYI STAFF UPDATES Ms. Wittman reminded the Commission of a Comprehensive Plan Advisory Committee meeting September 19, and a Joint City Council/Planning Commission meeting October 9. Once the Comprehensive Plan is drafted, it will be released for a six month public comment review period. ADJOURNMENT Planning Commission September 12, 2018 Page 5 of 5 Motion by Commissioner Kocon, seconded by Commissioner Fletcher, to adjourn the meeting at 8:06 p.m. All in favor, 4-0. Respectfully Submitted, Julie Kink Recording Secretary