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HomeMy WebLinkAbout1977-07-11 CPC MINNOTICE OF MEETING A meeting of the Stillwater Planning Commission will be held: Monday, July 11, 1977 Stillwater Council Chambers 7:00 P.M. 1. Call to Order 2. Approval of Minutes of June 27, 1977 meeting 3. Street Vacations: Wilkin Street west of Owen Street Easterly 110' of East Hazel Street 4. Interviewing of potential Stillwater Planning Commission candidates 5. Special Use Permits and Variances: Case No. 222. Applicant: James Wilkin. Address of Property: 9 lots on North Center Street. Permit to build three four-plexes. Case No. 251. Applicant: Reliance Development Company. Address of Property: Vicinity of County Road 12 and Interlachen Drive. Approval of plat to allow subdivision. Case No. 275• Applicant: Virgil Doerfler. Location of Property: South Greeley Street. Permit to build a 40-unit apartment building. 6. Other Business: Barge Terminal Lease for Aiple Barge & Towing Company Lot Sizes Expired Special Use Permits }:. &!$W"n€or the Freighthouse Case No. 281-Matt Hammerschmidt, 816 W. Oak St., garage variance Dated: July 5, 1977 - o'j/ `Z z,,e&, i / Ca/ Jeffrey A. Zoller, Chairman Stillwater Planning Commission NOTE TO COMMISSIONERS: Please call me (439-2260 after 6:00 P.M.) or Carol Slavik (439-4311) if you will not be able to attend Monday evening. Thank you. ` STILL14ATER PLANNING COMMISSION MINUTES PLACE: Council Chambers TIME: 7:30 P.M. DATE: July 11, 1977 MEMBERS PRESENt Jeffrey Zoller Jerry Smith Ann Bod.lovick Charles Swanson Dale Kress Mary Lou True Russell Meister APPROVAL OF MINUTES Chairman Jeffrey Zoller called the meeting to order. Mary Lou True moved that the minutes of the special Planning Commission Meeting held June 27, 1977 be approved as submitted. The motion was seconded and passed unanimously. STREET VACATIONS Wilkins Street west of Owens`Street:After brief discussion, Russell Meister moved that the Stillwater Planning Commission recommend to the City Council that the portion of West Wilkins Street from North Owens Street to its westerly terminus be vacated. The motion was seconded and passed unanimously. Easterly 110' of East Hazel Street: Charles Swanson expressed concern as to whether or not there may be future installation of utilities or storm sewer on the property to be vacated. After further discussion, Charles Swanson moved that the Stillwater Planning Commission recommend that the easterly 110' of East Hazel Street from the west end of Lake Street be vacated. It is further recommended that the City retain easements for existing or future utilities. The motion was seconded and passed unanimously. REVIEW OF SPECIAL USE PERMIT - Case No. 240 Mr. Robert Lifton was granted a Special Use Permit to.conduct a business at 121 South Sixth Street on July 20, 1976. The permit carried several conditions, one of which was the provision that the permit be reviewed in one year by the Planning Commission. Mr. and Mrs. Lifton were present at the meeting. Mr. Lifton stated that they have not had any complaints from their neighbors. He noted that one of the con- ditions of the permit is regarding the hours of operation of the power tools. Mr. Lifton asked that the evening hour be extended to 9:00 P.M., since there have been no complaints as to the noise. He also noted that because they have not had as much business as they would like to have, they would like permission to teach classes. He stated that cars could be parked in front of his house on his side of the street. There would be approximately 10 students once or twice a week, one class in the evening and one class in the afternoon. He felt that his Stillwater Planning Commission Minutes July 11► 1977 Page Two students might carpool or park a short distance away and walk to class if that is necessary. Mr. Lifton stated that the classes were important in terms of his livelihood. Mary Lou True noted that there has been an improvement in the property, and she felt there would be no problems if Mr. Lifton held classes only twice a week. Russell Meister moved that the Stillwater Planning Commission recommend that Mr. Robert Lifton be granted a permanent Special Use Permit subject to the original conditions. It is further recommended that the following two additional requests be allowed on a one-year trial basis, after which time they will be re- viewed by the Planning Commission: (1) Hours of operation of the power tools will be lengthened to 8:00 A.M. until 9:00 P.M.; (2) the owner will be allowed to con- duct classes in the building twice a week. The motion was seconded and passed unanimously. SPECIAL USE PERMITS AND VARIANCES Case No. 222. Applicant: James Wilkin. Address of Property: 9 lots on North Center Street. Permit to build three four-plexes. Mr. Wilkin showed the Commissioners the area which he wishes to plat, a total of 51,496 square feet. The area is zoned single family, and he would like it rezoned to multi -family. Mr. Wilkin will build and operate the four-plexes himself. They will be two-story structures, roughly 40' x 401, 800 square feet per unit, all two -bedroom. There will be on -site parking and no garages. Chairman Jeffrey Zoller asked Mr. Wilkin why he wouldn't consider duplexes or single family dwellings on the property. Mr. Wilkin stated that the land does not lend itself to single family dwellings, and it would not be economically sound. Ann Bodlovick felt single family zoning is still almost de;-anded in this area, in keeping with the rest of the neighborhood. Ann Bodlovick moved that the Stillwater Planning Commission recommend that Mr. James Wilkin be denied his request to rezone nine lots on North Center Street. The motion was seconded and passed unanimously. Case No. 251. Applicant: Reliance Development Company. Address of Property: Vicinity of County Road 12 and Interlachen Drive. Approval of plat to allow sub- division. Mr. Dennis Kuhlon showed the Commissioners a drawing of their new plan for the property. There will be a total of 69 lots, and 23% of the site will be open space. The street pattern was discussed. Mr. William Schwab felt more information would be needed before the plan would warrant review. Mr. Kuhlon wanted to know if there were going to be any objections Stillwater Planning Commission Minutes July 11, 1977 Page Three as to the parking and open space. Chairman Jeffrey Zoller stated that there seems to be a lack of information. He recommended that Mr. Kuhlon furnish more information to the School Board, Mr. Shelton and Mr. Schwab, so they can give their recommendations to the Planning Commission before final approval. This case will then be heard at the Commission's next meeting. A resident pointed out to Mr. Kuhlon that it would be wise to have two streets into the park so that there is proper access. When asked if the homes would be for rent or for sale, Mr. Kuhlon replied that the homes would be for sale, and the entire plat will be submitted to the FHA. The homes will pay full taxes. Applicant: Virgil Doerfler. Location of Property: South Greeley Street. Permit to build a 40-unit apartment building. Mr. James hammers, attorney for Doerfler Construction Company, reviewed with the Commissioners what had transpired thus far with respect to Mr. Doerfler's re- quest for a Special Use Permit. Mr. Lammers noted that Mr. Schwab, County Planner, in essence had recommended approval of the Special Use Permit, indicating that it was a suitable land use in his memorandum dated June 2, 1977. Mr. Lammers stated that his client has now had an opportunity to review Mr. Schwab's recommendations, and he is willing to comply with the donation of $6,000 to the City Park Fund and also to convert the plan to allow for underground parking. . Mr. Lammers pointed out that the property is zoned. r.,i-Altiple dwelling, and because of that zoning, multiple dwelling is the only permitted use on this land. He stated that it was his understanding that the Planning Commission and Council should determine whether or not the developer's project meets the requirements of the ordinance, and it is his understanding that the developer does comply. Mr. Stanley Fishman, architect for Doerfler Construction, showed the Commissioners the new drawings of the apartment complex. He stated that they could not reduce the number of units, but the new plan provides for underground parking, 40 spaces, with no garages on the site. This will elevate the building four feet more, although it will appear to be a three-story structure from Greeley Street. There will be one large garage door for all of the parking spaces. An elevator has been added to the plan. A neighborhood resident asked if there would still be outdoor parking on the east side of the building, and Mr. Fishman said there would be 40 spaces as re- quired by ordinance. Stillwater Planning Commission Minutes July 11, 1977 Page Four Another resident asked if this would still be a subsidized project. Mr. Fishman stated that 20% of the units will be subsidized by the government under Section 8. Chairman Jeffrey Zoller asked Mr. Schwab why he recommended that Doerfler pay into the Park Fund rather than develop their own recreational area. Mr. Schwab replied that the original plans called for a swimming pool, and he felt Lily Lake would be suitable as a swimming area for the tenants of the building. He stated that there is not room within the building for an indoor pool, and there is not enough room for a special building to be constructed for the pool. Mr. Schwab stated that for the amount of use a tennis court would get, it would be much better to give the money to the City to build another tennis court across the street or utilize the money in some other way. Mr. Schwab stated that the developer is pro- viding sufficient land so that the children can play outside, and they will be furnishing picnic tables and outside barbeques. He feels that the funds could be better utilized by the City on the other side of the street. Mr. Graydon Thompson asked Mr. Fishman what the distance would be from the building to the high water mark. Mr. Fishman stated it would be approximately 165'. Mr. Thompson then informed the Commission that the neighborhood residents had prepared some further observations in addition to what had been previously presented. Mr. Russell Weitz, 813 Everett Drive, presented transparencies and distributed copies to the Commissioners. He outlined the Metropolitan Council's requirements. He noted that the Stillwater area now has 230 units on the drawing board., and only 188 units are required over the next three years (1977-1980). He stated that the tax per unit is estimated to be $462, about one -fifth of what the taxpayers pay in the community. He stated that the Metro Council's requirements will have a definite economical impact on the development and future of this community, and that this type of program should blend in with the present environment. Mr. Weitz stated that the original plan for the land was for 28 units. He pointed out that the residents would favor the original intent, but would not favor any greater density than that. Ann Bodlovick asked Mr. Lammers if the Commission can dictate the density even though the land is zoned multiple dwelling. Mr. Lammers stated that the statute gives the City the power to do this for certain minimum density requirements, but this project is well within those minimum density requirements. The original plan for 65 units came much closer to those minimum density requirements. Stillwater Planning Commission Minutes July 11, 1977 Page Five Mr. Graydon Thompson, 1316 S. Everett, then gave a presentation. He gave his interpretation of the ordinance regarding recreational space. Mr. Thompson also felt that the residents should be allowed to see a detailed drawing of the structure, because their homes will be facing the four-story building. Mr. James L. Simpson, 1208 S. Everett, discussed the requirements of the DNR with regard to Brick Pond. He questioned the 20% subsidy figure and wondered what might happen in the future in this regard. A discussion followed as to the size of the site and what recreational pro- visions were required. Mary Lou True stated her concern regarding the DNR shoreland zoning ordinance. She felt more information was needed before further consideration could be given to the project. Mr. Lammers pointed out that one of the conditions of the proposed Special Use Permit provided that the developer shall obtain all permits deemed necessary from the Department of Natural Resources, and it was the developer's intention to do whatever is necessary in this regard. Charles Swanson moved that the Stillwater Planning Commission recommend that Doerfler Construction Company be granted a Special Use Permit to construct a 40-unit apartment complex on South Greeley Street, subject to the conditions outlined in Mr. William Schwab's Special Use Permit for Victoria Villa attached to his memorandum dated July 11, 1977. The motion was seconded and passed with two nay votes by Mary Lou True and Ann Bodlovick, and one abstention by Jeffrey Zoller. Case No. 281. Applicant: Matt R. Hammerschmidt. Address: 816 W. Oak. Variance of 91' on east side of house for garage addition. Mr. Hammerschmidt showed the Commissioners a drawing of his plans for the garage. The nearest home will be 60, from the garage. Ann Bodlovick moved that the Stillwater Planning Commission recommend that a variance be granted to Mr. Matt R. Hammerschmidt in order to construct.a garage addition at 816 West Oak Street. The motion was seconded and passed unanimously. PARKING FOR FREIGHTHOUSE Mr. Paul Pink, architect for Mr. Peter Hall, presented a proposal as to the parking to be provided for the Freighthouse. He stated that they will be taking out the retail business, and there will be a restaurant and bar areas, with total seating capacity of 268. There will be space for 40 cars on the site, and a total of 231 spaces using public lots and street parking in the area. Mr. Pink noted that he and an associate had come to Stillwater on a Saturday night at 8:30P.M. and 11:30 P.M. and had counted 60 vacant parking spaces in the public Stillwater Planning Commission Minutes July 11, 1977 Page Six parking areas. He stated that the plan now eliminates nine spaces in front of the building. This area will be green as an extension of Lowell Park. He stated that they would like to work with the City in an effort to create a.walkway from Lowell Park across the railroad tracks. Ann Bodlovick moved that the Stillwater Planning Commission recommend that the City accept the parking plans submitted for the Freighthouse. The motion was seconded and passed unanimously. AIPLE TOWING LEASE Mr. Jack Hoeschler, representing Mr. Aiple, stated that the City has requested the Planning Commission to comment with respect to the request by the Aiple Barge Terminal Company for a sublease agreement with Pillsbury Company. He stated that the Barge Terminal Company has a 40 year lease with an option to renew after 20 years. He stated that the Company fully intends to renew it. He noted that the 21 years remaining on the leasehold of the property is the subject to be considered. He stated that the Company would like to sublease the .property to Pillsbury to handle loading and unloading commodity. He noted that the effect would be of benefit to the City, since payment is dependent upon the amount of commodity that goes through the terminal. Mr. Aiple stated that the commodity would be coal, primarily. There will be a small pile there at times, plus phosphate in the warehouse and salt. There may also be some other minor commodities. When asked if the City has any obligation to provide the Company with equip- ment, Mr. Aiple replied that it does not. They plan to buy a new crane. Chairman Jeffrey Zoller pointed out to Mr. Aiple that the Downtown Council has indicated some interest in some of the land for parking --the land closest to the downtown area. Mr. Aiple stated that he was sure that property will be used for the barge terminal operation. When asked about the appearance of the property, Mr. Aiple stated that he felt the property would look much better when it gets in operation. It hasn't been in operation for six years. The big trees will be cleared out. He estimated the length of the property to be about one mile, and in some places only 30' wide. Mr. Aiple stated that the increase in revenue would be approximately nine or ten times what it has been--$9,000 to $10,000 per year. He also stated that he had increased his rates to the City. He stated that five more families will be employed in Stillwater. Mr. Aiple was asked if he felt $10,000 a year was actually -a fair exchange for this piece of property. He replied that he felt the City has an obligation `Stillwater Planning Commission Minutes July 11, 1977 Page Seven to abide by the agreement made some years ago. He pointed out that the equipment will return to the City. Mary Lou True asked what type of flood preventive action Mr. Aiple would take so that the products in storage would not be a detriment to the River in case of a flood. Mr. Aiple stated that the warehouse is almost to the highest point of the flood of ' 65. At that time he had three feet of water on the floor of the ware- house. Since that time, he has built a dike around.the building, and if there should be a flood higher than in '65, the water would not get into the warehouse. Mr. Harry Peterson, 210 East Laurel Street, stated that the City has now an opportunity to utilize the most valuable piece of river frontage that it has, as a bike trail or a drive -by --an opportunity to take advantage of the natural scenic beauty here. He stated that most communities do their best to put their best foot forward to improve areas that are scenic. He noted that the public is greeted in Stillwater with nearly one mile of abomination --a rusting crane and a warehouse. He stated that he was not in competition with Mr. Aiple. Mr. Peterson pointed out that he had talked to the DNR regarding the Wild and Scenic Rivers Act and to the Environmental Quality Council in regard to the need for a petition for an environ- mental impact statement if there are changes to be made on the property. He had read the lease and noted that the conditions of the lease say that the only two reasons for non -operation would be because of perils and hazards or because of low water, neither of which have been the case, even though there has been no operation for six years. He pointed out that income from the property from 1964-64 was slightly over $1,000, and from 1966-76 $1,000 per year. He stated that the property has had to be protected by the City police. The total take to the City for the last 15 years was $14,926.60. Mr. Peterson pointed out that the City has no way of knowing how long Pills- bury will be interested in the property. He noted that it is important that the City look at this in terms of 20 or 21 years down the road. He stated that the time has come for the City to say that because of the Company's failure to abide by the lease, we will resist renewal of the l.eane and take court action if necessary. Mr. Peterson urged the*Commission to encourage the Council to look for a use of the property, something other than the non-use. Attorney Hoeschler pointed out that the Leasee has complied with every term of the lease. He stated that it isn't a negotiable lease. Mr. Aiple noted that if he does not get approval of the sublease, he will open the barge terminal himself and operate as he has in the past. I • `Stillwater Planning Commission Minutes July 11, 1977 Page Eight Mary Lou True moved that the Stillwater Planning Commission recommend that the City Council not authorize the sub -lease to the St. Croix Barge Terminal Company, and that the City take whatever action is necessary to attempt to extricate itself from the existing Lease. Charles Swanson felt that since the lease is firm, the City should get as much benefit as possible from the property. Mr. Peterson stated that every day people break leases, and this one would be no exception. Chairman Jeffrey Zoller asked for a vote on Mary Lou True's motion recommending that the City Council not authorize the sub -lease to the St. Croix Barge Terminal Company, and that the City take whatever action is necessary to attempt to extricate itself from the existing Lease. The motion was seconded and did not pass, with the voting as follows: Ayes: Jeffrey Zoller, Mary Lou True, and Russell Meister. Nays: Charles Swanson, Dale Kress, and Jerry Smith. Abstain: Ann Bodlovick. Mary Lou True moved that the Stillwater Planning Commission recommend that the Council not authorize the sub -lease of the St. Croix Barge Terminal Company property, and that prior to making any decisions on what will happen to the property in the next 20 years, the City carefully study all legal questions to the fullest extent prior to making a commitment for the next 20 years. The motion died for lack of a second. PLANNING COMMISSION CANDIDATES The Planning Commission interviewed six candidates to fill the vacancy on the Commission. Two additional candidates had submitted their names. The Commissioners then voted by ballot for the one person they recommended for the Planning Commission vacancy. The voting was as follows: David Knefelkamp 4 Tom Farrell I Aldon Nelson I Russell Weitz I Dean Hansen 0 Jim Hunt 0 Carl Johnson 0 Richard Lee 0 Chairman Jeffrey Zoller will notify the City Council that David Knefelkamp is the Planning Commission's choice to fill the present vacancy. NEXT MEETING Chairman Jeffrey Zoller noted that Mr. Charles Hooley had requested a meeting of the Commission. It was decided that a special meeting will be held Monday, July 25. The meeting was adjourned at 11:00 P.M.