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HomeMy WebLinkAbout2018-11-14 CPC MIN PLANNING COMMISSION MEETING MINUTES November 14, 2018 REGULAR MEETING 7:00 P.M. Chairman Collins called the meeting to order at 7:04 p.m. Present: Chairman Collins, Commissioners Fletcher, Hade, Hansen, Kocon, and Siess; Councilmember Menikheim Absent: Commissioner Lauer Staff: City Planner Wittman APPROVAL OF MINUTES Possible approval of minutes of October 10, 2018 regular meeting Commissioner Siess requested that the word “said” be changed to the word “questioned” on page 4 in the sentence, “Commissioner Siess said, and the citizens can have input on it.” Motion by Commissioner Fletcher, seconded by Commissioner Hansen, to approve the minutes of the October 10, 2018 meeting with the requested change. Motion passed 5-0-1 with Commissioner Hade abstaining. OPEN FORUM There were no public comments. PUBLIC HEARINGS Case No. 2018-58: Consideration of a Conditional Use Permit and variances to operate a Short Term Home Rental on the properties located at 109, 121 and 125 Owens Street South in the RB district. Heidi Rosebud, Just For Me Spa, property owner. City Planner Wittman stated that Heidi Rosebud owns three short term rental houses on Owens Street between Myrtle and Olive Streets. The houses are available only for guests of Just For Me Spa. The RB, Two-Family Residential zoning for the properties allows short term rentals with a Conditional Use Permit (CUP) and a license. Ms. Rosebud applied for the CUP for a Type C Short Term Home Rental (STHR). She is also requesting variances to allow for additional guests beyond the number allowed for two of the three properties. Staff finds that all of the STHR regulations are satisfied; that the variance requests are in harmony with City codes; and that the three-factor practical difficulty test is met. Therefore, staff recommends approval of the CUP and the variances with 12 conditions. Planning Commission November 14, 2018 Page 2 of 5 Commissioner Hansen asked about the sleeping quarters in the two rentals for which variances for additional guests are being requested. City Planner Wittman replied it’s not so much bedrooms as beds. The properties have been operating and have not been found to be a nuisance to the neighborhood. They are rented only to spa clients. There are enough beds to accommodate the number of guests proposed by the applicant. Commissioner Siess asked if square footage is a factor. Ms. Wittman said there are no requirements concerning square footage of STHRs in the zoning code. Commissioner Hansen asked, since the properties are all owned by the same person, is consideration given to allowing vehicles to park on an adjoining property if needed, to avoid on-street parking? Ms. Wittman replied that parking must occur on the subject properties, not on the street. The property owner could be required to ensure parking is spread between the three properties. However the properties are legally separate, so that would be difficult to enforce. Commissioner Kocon pointed out that the parking requirements are met on site without on-street parking. Heidi Rosebud, applicant, stated she has owned Just for Me Spa for 30 years and has owned the rental homes for 13 years. Renters are spa clients. The rentals are not used for Vacation Rental By Owner (VRBO). Chairman Collins opened the public hearing. Richard Reed, 118 Owens Street South, voiced strong support for the CUP and variances. He said the homes are well cared for and their rental has caused no problems. The clients are always well mannered and friendly. Sue Daniels, 917 Myrtle Street West, spoke in support of the request and agreed with Mr. Reed. Terry Holman, 206 Greeley Street, said since they moved there in July they have had occasion to rent from Ms. Rosebud and feel she is a good neighbor. Chairman Collins closed the public hearing. Commissioner Kocon noted that the business has a good track record according to the comments of neighbors. He supports the requests. Commissioner Siess referred to a previous case where the applicant wished to accommodate additional guests in a room that was not a bedroom. Ms. Wittman stated in the previous case, it was an open room that did not meet egress requirements so the building official said it could not be considered a bedroom. Commissioner Siess said this is not a bedroom either and it is above ground. Planning Commission November 14, 2018 Page 3 of 5 Commissioner Hansen commented that egress is about window size. The previous case had no egress other than the stairs. Ms. Wittman stated this case meets the code requirements in that occupants could exit through the windows on the second story. Commissioner Siess said she struggles with how staff made its argument in this case for reasonableness and uniqueness, and the justification that the issue of number of guests at 109 and 125 Owens is driven by guest wishes more than the landowner’s, because spa guests want an overnight stay. From a planning perspective, she feels the City needs to do a better job. Commissioner Kocon noted it is common for 600 square foot units and two room hotel suites to sleep four people. As long as the units have egress, which these have, he does not have a problem with either the staff report or the variances. Chairman Collins noted that Commissioner Siess brought up valid points. He struggles with the variance for three additional guests for 109 Owens. With this being the first time the Commission is addressing a variance for a STHR, it’s a slippery slope. He has no problem with one extra guest in the 125 Owens Street house. Commissioner Hansen said he is more concerned with allowing one more guest in the 125 Owens Street house, asking for 8 where 7 are allowed, than than he is with the 109 house because it is a very large room. He is in favor of the request for a permit, and in favor of granting one additional guest in the two homes requesting additional guests. Commissioner Fletcher said the testimony was helpful in reflecting on the demeanor of guests and the number of cars. She supports the requests. Motion by Commissioner Kocon, seconded by Commissioner Fletcher, to approve the Conditional Use Permit and the variances with the 12 conditions recommended by staff. Motion passed 5-1 with Commissioner Siess voting nay. Commissioner Siess said she would like it on record that she really struggles when the wishes of business patrons are factored into planning decisions because approval then implies that the Commission agrees. She feels that from a planning perspective, the City needs to tweak the ordinance or tweak how the Commission looks at these variances. Case No. 2018-59: Consideration of a Special Use Permit for an Accessory Dwelling unit above the garage on the property located at 904 Harriet Street South in the RB district. Brian and Kasey Posch, property owners. City Planner Wittman stated that Brian and Kasey Posch received Heritage Preservation Commission approval for the demolition and reconstruction of the structure at 904 Harriet Street South. They are planning to construct a detached garage with a second story Accessory Dwelling Unit (ADU). They are requesting a Special Use Permit (SUP) for the ADU to be located above the garage. Millie Westcott, 918 Harriet Street South, and the Booher family, 921 Harriet Street South, wrote in support of the project. Robert Gambone and James Peterson, 622 Churchill, indicated they support the application, but they expressed concern about the number of vehicles parked near the Planning Commission November 14, 2018 Page 4 of 5 property line and about the possibility of a rental unit that may not fit the quiet, residential character of the neighborhood. Staff finds that, with certain conditions, the proposed ADU meets the SUP provisions and recommends approval of an SUP for the construction of an ADU at 904 Harriet Street South with eight conditions. Kasey and Brian Posch, applicants, stated they are excited to be part of the neighborhood. Chairman Collins noted the plan fits nicely in the neighborhood. Chairman Collins opened the public hearing. There were no public comments. Chairman Collins closed the public hearing. Motion by Commissioner Hansen, seconded by Commissioner Siess, to approve the Special Use Permit for an Accessory Dwelling Unit above a garage at 904 Harriet Street South with the eight conditions recommended by staff. Motion passed 6-0. Case No. 2018-60: Consideration of a Variance to build a detached garage on the property located at 125 Martha Street North, in the RB district. James Barton, property owner. Ms. Wittman explained that James Barton applied for variances to construct a 22 foot wide by 30 foot deep garage at the property located at 125 Martha Street North. He is requesting the new garage be located 8 feet from the Rice Street West right-of-way. Thus, the following variances are required: 1) A 22 foot variance to the 30 foot exterior side yard setback; 2) A variance to the 25% maximum structural lot coverage for the additional 603 square feet of structural surface area, representing a total of 36.12% of the lot area; and 3) A variance to the 10% maximum lot coverage for accessory buildings for the additional 91 square feet of surface area, representing a total of 12.17% of the lot area. This represents a 2% change in coverage from what currently exists on the property. On the basis that the application is in harmony with the intent of the zoning ordinance, consistent with the comprehensive plan, and that the applicant has established practical difficulty, staff recommends approval of the variances for the construction of a detached garage at 125 North Martha Street, with five conditions. Commissioner Fletcher asked the applicant his thoughts on creating a rain garden. Mr. Barton replied he would put in a rain garden but it may need to be on City property due to the small size of the lot. His yard is already heavily landscaped. He can definitely deal with drainage off the east side of the garage roof toward the property line. Chairman Collins opened the public hearing. There were no public comments. Chairman Collins closed the public hearing. Commissioner Hansen pointed out water will be an issue. Rain gardens are great if they’re maintained but he doesn’t see a need to include it as a condition of approval considering the additional City land (boulevard) that is there that the groundwater can soak into. Commissioner Fletcher remarked she likes the tire track path alternative suggested by staff. Planning Commission November 14, 2018 Page 5 of 5 Motion by Commissioner Fletcher, seconded by Commissioner Kocon, to recommend approval of variances to build a detached garage at 125 Martha Street North with the five conditions recommended by staff. Commissioner Hansen asked if the Commission would allow the applicant to use an alternative design so to not limit them to the two tire strips stated in the recommended conditions. Commissioners Fletcher and Kocon agreed to amend the motion to remove the second condition that would have required the driveway design to be a set of concrete tire tracks. Motion passed 6-0. FYI STAFF UPDATES Ms. Wittman informed the Commission that the Council approved the Minar neighborhood subdivision that the Commission recently heard; and that the Council held first reading of the ordinance regarding the zoning text amendment from Brian and Sonya Larson. She stated that the Comprehensive Plan was released for jurisdictional review. She also asked for feedback about possibly moving the Planning Commission meetings to the fourth Wednesday of the month which would put it behind all other City commission meetings. Commissioners Kocon and Hade said meeting on the fourth Wednesday would be no problem for them. Ms. Wittman said the City will advertise for applicants for the two commission vacancies that occur in January. One seat will be filled by a City Councilmember who will become a voting member of the Planning Commission as of the January meeting. At the January meeting, Vice Chairman Lauer will open the meeting and there will be election of officers to serve from January to May. ADJOURNMENT Motion by Commissioner Hade, seconded by Commissioner Kocon, to adjourn the meeting at 8:20 p.m. All in favor, 6-0. Respectfully Submitted, Julie Kink Recording Secretary