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HomeMy WebLinkAbout2019-01-23 CPC MINS PLANNING COMMISSION MEETING MINUTES January 23, 2019 REGULAR MEETING 7:00 P.M. Vice Chairman Lauer called the meeting to order at 7:05 p.m. Present: Commissioners Hansen, Kocon, Lauer; Councilmember Collins Absent: Commissioners Hade and Siess Staff: City Planner Wittman, Community Development Director Turnblad ELECTION OF OFFICERS Motion by Commissioner Kocon, seconded by Commissioner Hansen, to elect Commissioner Lauer as Chair. Motion passed 4-0. Motion by Commissioner Kocon, seconded by Chairman Lauer, to elect Commissioner Hansen as Vice Chair. Motion passed 4-0. APPROVAL OF MINUTES Possible approval of minutes of December 12, 2018 regular meeting Motion by Commissioner Hansen, seconded by Commissioner Kocon, to approve the minutes of the December 12, 2018 meeting. Motion passed 4-0. OPEN FORUM There were no public comments. PUBLIC HEARINGS Case No. 2018-64: Consideration of a Variance to construct a third stall on the garage (carport) for the property located at 1260 McDougal Green, in the CR district. Michael and Necole Kahn, property owners. City Planner Wittman stated that the applicants would like to attach a single-stall garage (carport) to their existing, two-car attached garage. The applicant has applied for a variance to allow for a garage to be greater than two stalls wide. An anonymous public comment was submitted by “homeowners within the impact area” voicing opposition to the carport, saying that it sets bad precedent, is not aesthetically appropriate for the neighborhood, and there is ample parking at the end of the driveway. The letter further states there would be support for a third garage stall if it were enclosed. While the application is in harmony and intent of the zoning ordinance and consistent with the Comprehensive Plan, the proposed design will alter the essential character of the neighborhood. Planning Commission January 23, 2019 Page 2 of 8 However, if an enclosed garage stall was added, the applicant will have established practical difficulty. Therefore, staff recommends conditional approval of the variance for the construction of a third, enclosed garage stall with four conditions. Commissioner Kocon asked if there are any carports in this subdivision. Ms. Wittman responded none that City staff is aware of. Commissioner Kocon stated he lives in the neighborhood but does not stand to gain anything by acting on the request so does not see a reason to recuse himself from the discussion and vote. Michael Kahn, applicant, said he prefers to refer to the project as an architectural improvement to the home rather than a carport. Addressing the neighbors’ fears about the potential use of the structure, he said those fears could be realized with or without this addition; he could park a car or boat there with or without the structure but it would violate the covenants of the homeowners’ association so he doesn’t do it. He presented photos of how the structure will look, saying the design is identical to that of a porch which every house in the neighborhood has. He has a company car which in winter cannot be parked on the street due to snow removal. He needs the ability to move around in his shared driveway without obstructing the neighbors. Due to the grading of his house, the basement floods due to water build-up on this side of the house. Building this structure with a covering will help displace some of the water. He presented a letter from homeowners’ association which he said indicates they can neither approve nor deny the application, but defer to the Planning Commission. Chairman Lauer asked if there was any consideration of making it a third garage stall. Mr. Kahn replied that he does not want it enclosed because he needs to be able to get through that area to access the retaining wall. He considers the structure to be like a breezeway, more of a design element than anything else; it will look just like a porch. Chairman Lauer opened the public hearing. There were no public comments. Chairman Lauer closed the public hearing. Commissioner Kocon remarked that a garage is a great idea, a carport is a bad idea. He disagreed with Mr. Kahn’s comparisons to a deck or porch and cannot support the request. Councilmember Collins agreed that it’s reasonable to have a structure there, but as proposed it would alter the character of neighborhood. If it were a fully enclosed garage stall, he would support it. Chairman Lauer agreed. Commissioner Hansen said he understands the request but believes it does change the character of the neighborhood. He reluctantly agreed that a garage stall would be OK but the carport doesn’t fit. Motion by Commissioner Kocon, seconded by Councilmember Collins, to deny Case No. 2018-64, Variance to construct a third stall on the garage (carport) for the property located at 1260 McDougal Green. Motion passed 4-0. Case No. 2018-67: Consideration of a Concept PUD amendment and a Special Use Permit for live- work residential townhomes. Property located at xxx New England Place in the VC district. Todd Planning Commission January 23, 2019 Page 3 of 8 Konigson, applicant. City Planner Wittman stated that in early 1998 the City approved a concept Planned Unit Development (PUD) for 11.87 acres of commercial development near the intersection of Manning Avenue North and County Road 12/75th Street North. The City subsequently approved a PUD for the design of the Village Commercial area. Since the time of concept approval, five of the seven commercial sites have been developed after approval of final PUD permits for each of the individual sites. Todd Konigson of livwell.design would like to construct four residential units on Outlot D, at the corner of Settlers Way and New England Place. The proposed units would have a first floor home office facing Settlers Way with a private garage in the back, facing the tennis courts. The residence would be located above the home office space, on the second and third stories. This necessitates the following requests: 1. A Special Use Permit (SUP) for residences in the Village Commercial district; and 2. An amendment to the Concept/Preliminary PUD to allow for three stories (opposed to 2.5) while remaining under the maximum 35’ height restriction. 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 regulations and will not be a nuisance or detriment to the public welfare of the community, and that with certain alterations, the three story design would substantially conform to PUD 1997-70 and 2003-14. Therefore, staff recommends approval of an amended SUP for four live-work residences to be located at Outlot D, Liberty Village, and also recommends that the Commission forward a recommendation of approval of the Concept PUD amendment with six conditions. Commissioner Kocon asked what can fit in a 16’ deep garage. Ms. Wittman responded it is a substandard size but the parking requirements can be met in the surface lot so the garage could house trash cans etc. Commissioner Hansen asked if the office space would be for personal use or would the owner of the unit be allowed to rent it out to someone else. Ms. Wittman responded the office would be for the person owning the townhome. There would be no restrictions against renting it out, but if it’s a long term rental it would probably fall within the zoning code regarding first floor commercial. Commissioner Hansen pointed out that the pictures provided by the applicant as examples of flat roofs are all downtown. He acknowledged the difficulty of having a gable roof while remaining within the 35 foot height limit but it seems like a massive building for that corner space. Councilmember Collins asked if the building were turned so the front faces toward the square, would it fit on the property without needing any variances? Ms. Wittman replied yes. Commissioner Hansen remarked if the building is reoriented, sight lines become very difficult. Referring to the proposal for a flat roof, Commissioner Kocon referred to Patriot’s Tavern as an example that it’s not impossible to construct a three-story building with a gable roof and remain within height restrictions. Planning Commission January 23, 2019 Page 4 of 8 Ms. Wittman replied that the Design Guidelines indicate a gable roof is preferred. Todd Konigson, applicant, 201 6th Street South, Stillwater, said the lot is unique and the Village guidelines are challenging which is probably why the property is still vacant. They would not have 16 foot garages - they would make them conform. The office space is a very small studio office. They never envisioned it would be a high traffic use. They see each individual homeowner owning the entire building. There is no intent to rent. He would be one of the residents as well. Regarding orientation on the lot, he doesn’t think it would look good if it were reoriented toward the square. The back of structure has lot of windows and a deck with southeast exposure which people will prefer. To take that away and have them view a parking lot would decrease the value. Regarding height, they want to be as conforming as possible on all aspects. Each unit is 1,200 square feet. The top floor has two bedrooms. To use a gabled roof would make it look like an attic, greatly diminishing the value. They would abandon the project if a gabled roof is required because they would lose too much square footage. Chairman Lauer opened the public hearing. Roger Tomten, 718 South 5th Street Stillwater, applauded the applicant for bringing forth a new prototype. As a consultant with the City during the Liberty development design phase, he reviewed almost every site plan throughout the whole development. A major component was the small pocket park idea. He challenged the applicant to consider front-facing design so the building would be oriented toward the park. He added that a flat versus gable roof is not as big a priority in his opinion. Chairman Lauer closed the public hearing. Commissioner Kocon noted he is OK with the orientation and the use, but he objects to a flat roof. He feels a much steeper gable roof could help maximize space living space. Chairman Lauer stated he too likes the use, but the flat roof as proposed is problematic for him. Commissioner Hansen commented it’s a great concept and the orientation doesn’t bother him. If turned in the other direction, he would not be in favor of it due to sight line issues. He doesn’t mind the roof and likes the look of the units but there isn’t precedent for flat roofs in the vicinity. He is more in favor of it than not in favor of it. Mr. Konigson reminded the Commission that the PUD has an office building approved on this and the adjacent site. So he assumes if someone developed those they may be looking at a flat roof. Commissioner Kocon pointed out that New England Place has offices and they’re all gabled roofs. Mr. Konigson responded that the return on investment doesn’t allow a gabled roof. On the park- facing elevation, they could add some decorative elements and landscaping so it may not appear to be the side of the building. Councilmember Collins said he feels the building should be oriented as designed. He understands the builder’s challenges with the roof. As proposed, it seems reasonable. Planning Commission January 23, 2019 Page 5 of 8 Motion by Commissioner Hansen, seconded by Commissioner Kocon, to approve the SUP for residences in the Village Commercial district for Case No. 2018-67, and to recommend that the Council approve the Concept PUD amendment for live-work residential townhomes at xxx New England Place, with the six conditions recommended by staff, adding Condition #7, “Prior to the submittal of the Final Plan, the design of the structure will have obtained Liberty Village Commercial Association approval.” Motion passed 4-0. Case No. 2018-68: Consideration of a Preliminary Plat for 11 single family lots and a rezoning of the property to RB, Two-Family Residential. Property located at 8313 and 8393 Marylane Avenue North in the AP district. Mark Guenther of Fenway Land Company, LLC, property owner. Community Development Director Turnblad stated that Mark Guenther, Fenway Land Company, plans to develop two small parcels at 8313 & 8393 Marylane Avenue North, with a total size of 4.49 acres. The preliminary plat for the project, to be known as Marylane Meadows, shows 11 single family lots. Outlot A in the center is intended to create a trail segment linking with other trails in the neighborhood. If the preliminary plat is approved, then at time of final plat application, the developer will also apply for rezoning of the property to RB, single and two-family residential. The applicant has requested that the Planning Commission review the Preliminary Plat and recommend that the City Council approve it. Staff recommends approval of the Preliminary Plat with 14 conditions. Councilmember Collins asked if any variances are required. Mr. Turnblad replied no. However there is a desire to add an option for mother-in-law apartments, small freestanding apartments within the house, though this is not part of the request. Under the zoning ordinance, the mother-in-law apartments would not be allowed but the developer could add an apartment above a one-story garage. Mark Guenther, Fenway Land Company, 13925 Fenway Boulevard, Hugo, applicant, stated he agrees with the staff-recommended conditions. He said there is demand for accessory dwelling units in the market. He would like to know if the Commission would support a variance on these lots to allow the accessory dwelling units. The ordinance allows accessory dwelling units on lots that are 75 feet wide with 10,000 square feet. Though only these lots are 65 feet wide, they are 268 feet deep, 17,000 square feet total, providing plenty of room for an additional structure. Chairman Lauer opened the public hearing. There were no public comments. Chairman Lauer closed the public hearing. Commissioner Kocon commented he would support a variance or an ordinance amendment to accommodate the accessory dwelling units, due to the large lot size. He supports the proposal. Commissioner Hansen remarked he would be more comfortable with an ordinance amendment than a variance. Motion by Commissioner Hansen, seconded by Commissioner Kocon, to recommend that the Council approve Case No. 2018-68, Preliminary Plat for 11 single family lots and a rezoning of the property located at 8313 and 8393 Marylane Avenue North to RB, Two-Family Residential, with the 14 conditions recommended by staff. Motion passed 4-0. Planning Commission January 23, 2019 Page 6 of 8 Case No. 2018-69: Consideration of a Conditional Use Permit (CUP) to operate a Type C Short Term Home Rental at the property located at 319 Hickory Street West in the RB district. Deposit Slip, LLC (Dale and Nancy Anderson), property owners. City Planner Wittman stated that Nancy and Dale Anderson and Mike and Stacy Morrison have applied to operate a Type C Short Term Home Rental (STHR). This three bedroom home could have a maximum of seven guests. There is off-street parking for four vehicles. A Type C STHR is a dwelling unit offered to transient guests for a period of less than 30 consecutive days, which does not serve as the owners’ primary residence. Five public comments have been submitted from neighbors citing concerns for parking, safety, noise and parking. Staff finds that with certain conditions, the proposed use can conform to the requirements and the intent of the Zoning Code, the Comprehensive Plan, relevant area plans, other regulations, and will not be a nuisance or detriment to the public welfare of the community. Therefore, staff recommends approval of a CUP for a Type C STHR with 12 conditions. Dale Anderson, 17319 Olinda Trail North, Marine, applicant, addressed the neighborhood concerns. They are not requesting a variance and will stay in compliance. They have substantially more parking available than is required. Short term rentals generate less traffic and congestion than a single family home. Regarding strangers in the neighborhood, he and his wife already operate another STHR in Stillwater and they have had wonderful experience with guests. They have been very respectful of the property and the neighborhood. They take very deliberate steps to screen guests and there have been no complaints. Chairman Lauer opened the public hearing. Meryl Downing, 720 5th Street North, next door, stated she is opposed to the STHR because of concerns about her two young children and other children in the neighborhood. With ten strangers coming and going from the STHR the safety of the neighborhood will be reduced. The STHR will not add to property values. She added that the Andersons are wonderful people but she is not thrilled with the idea of the STHR being next door. Chairman Lauer closed the public hearing. Chairman Lauer stated that fears expressed with other STHR applications have not been borne out. He suggested the owner could emphasize to guests the fact there are lots of children around. He pointed out there is a process for revocation of the license if there are substantiated violations. Councilmember Collins said he understands the concern for children’s safety but so far STHRs have worked out OK. The application meets all the standards. Commissioner Kocon agreed that the applicant has agreed to meet the standards and the ordinance allows for oversight. Commissioner Hansen pointed out that the City spent a lot of time drafting the ordinance. The rules that were put in place seem to be doing a good job of protecting neighbors. Motion by Commissioner Kocon, seconded by Chairman Lauer, to approve Case No. 2018-69, Conditional Use Permit to operate a Type C Short Term Home Rental at the property located at 319 Hickory Street West, with the 12 conditions recommended by staff. Motion passed 4-0. Planning Commission January 23, 2019 Page 7 of 8 Case No. 2018-70: Consideration of a Conditional Use Permit (CUP) for a large building project in Downtown Stillwater; Special Use Permit (SUP) for residential units in Downtown Stillwater; and an amendment to the Special Use Permit for a craft distillery at 107 Chestnut Street East. Property located in the CBD district. CVII Holdings, LLC, property owner. Community Development Director Turnblad stated that Matt Wolf is one of the owners of the Historic Armory property on Chestnut and Third Streets. The owners are proposing to remodel and convert the property to eight high-end apartments, office space and possibly a craft distillery or brewery. There are two design options. If the distillery space is not able to be leased then that portion would be used as office. Mr. Turnblad explained the parking plans for both options. The parking requirements for both the commercial and residential uses are met. The Downtown Parking Commission recommended approval of both options of the proposed re-use plan. The historic integrity of the building will be maintained. Only limited changes will be made to the exterior. The anticipated changes include upgrading the garage doors with glass, a drive pad so residents can turn around and drive forward onto Chestnut Street instead of backing onto the street, a service entrance next to the garage door, a new storefront door on the west end of the building for handicapped access, and brick repairs. Mr. Wolf is requesting that the Planning Commission forward a recommendation to the City Council to approve a CUP for the project, approve an amendment to the SUP for a craft distillery, and approve a SUP for residential units in CBD District. Staff recommends approval of the requests with 11 conditions. Commissioner Hansen pointed out the proposal includes 4,500 square feet of office space and 3,500 square feet of distillery space with no on-site parking. Mr. Turnblad explained the formula for meeting the parking demand is grandfathered due to the previous use. The Downtown Parking Commission is comfortable with the impact because it’s on Third Street and there are parking lots nearby. All the residential units will have on-site parking. Commissioner Hansen asked, if the distillery/brewery occupies part of that space, is there loading/unloading consideration? Mr. Turnblad replied for this type of a use mix, loading/unloading is not required but that doesn’t necessarily mean it isn’t needed. It likely would have to be on the street. If it’s a problem they would have to schedule deliveries, for instance in the morning. Matthew Wolf, 4520 Bailey Lake Drive, Woodbury, applicant, noted the project is very complex. He provided history on the acquisition and development of plans for the property over the last two years. They have had nearly impossible to solve issues. They also have negotiated at length with adjacent property owners for the purchase of their property and made an offer but found out the property is not for sale. They explored options for putting 22 parking spaces in the basement but a structural analysis revealed the cost of doing so would be three times the original estimate due to characteristics of the construction of the gym floor. This remains a viable option but it would only be feasible with tax increment financing assistance. Chairman Lauer opened the public hearing. There were no public comments. Chairman Lauer closed the public hearing. Councilmember Collins stated he likes the idea of preserving the building with mixed use. Planning Commission January 23, 2019 Page 8 of 8 Commissioner Hansen noted the draft of the 2040 Comprehensive Plan emphasizes mixed use spaces. This is a good solution for the space constraints. He understands the position of the Downtown Parking Commission that the property is not a high traffic parking area compared to Main Street. He is in favor of the proposal. Commissioner Kocon acknowledged the constraints that go along with working with a historic building, requiring cooperation and flexibility. Motion by Commissioner Kocon, seconded by Commissioner Hansen, to recommend that the Council approve Case No. 2018-70, CUP for a large building project in Downtown Stillwater; to approve a SUP for residential units in downtown Stillwater; and to approve an amendment to the SUP for a craft distillery at 107 Chestnut Street East, with the 11 conditions recommended by staff. Motion passed 4-0. FYI STAFF UPDATES There were no staff updates. ADJOURNMENT Motion by Commissioner Kocon, seconded by Councilmember Collins, to adjourn the meeting at 9:23 p.m. All in favor, 4-0. Respectfully Submitted, Julie Kink Recording Secretary