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HomeMy WebLinkAbout2019-04-23 CPC MINS PLANNING COMMISSION MEETING MINUTES April 23, 2019 REGULAR MEETING 7:00 P.M. Chairman Lauer called the meeting to order at 7:00 p.m. Present: Chairman Lauer, Commissioners Dybvig, Hade, Hansen and Siess; Councilmember Collins Absent: Commissioner Kocon Staff: City Planner Wittman APPROVAL OF MINUTES Possible approval of minutes of March 27, 2019 regular meeting Motion by Commissioner Dybvig, seconded by Commissioner Hade, to approve the March 27, 2019 meeting minutes. Motion passed 6-0. OPEN FORUM There were no public comments. PUBLIC HEARINGS Case No. 2019-10: Consideration of a variance to the Maximum Structural Coverage and the Side Yard Setback. Property located at 321 Moore Street West in the RB district. Wendy Adams, property owner. Ms. Wittman reviewed the case. The applicant plans to construct a 4’ by 14’ addition onto the front of her garage at 321 Moore Street West. The existing garage has a 3.5’ side yard setback, whereas a 5’ setback is required. And though the addition would match the setback of the existing garage, a variance is needed to expand the garage with its non-conforming setback. In addition to the setback issue, the lot currently has a structural coverage of 28.3%. A variance was granted in 2014 to allow the coverage to increase from 25 to 28.3%, but the proposed garage addition will also need a coverage variance since it exceeds the allowed 28.3%. The proposed garage extension is to accommodate a wheel chair in the future. The applicant does not know when she will build the addition, but this year she will install a new concrete driveway and footings for the future addition. Two variances are requested: 1) a 1.5 foot variance from the required 5.0 foot side yard setback; and 2) a variance to allow the structural coverage on the lot to increase to 28.396%. Staff recommends approval with four conditions. Wendy Adams, applicant, offered to answer questions. Chairman Lauer opened the public hearing. There were no public comments. The hearing was closed. Motion by Commissioner Dybvig, seconded by Commissioner Hade, to approve Case No. 2019-10, variance to the maximum structural coverage and variance to the side yard setback for the property located at 321 Moore Street West with the four conditions recommended by staff. Motion passed 6-0. Planning Commission April 23, 2019 Page 2 of 5 Case No. 2019-11: Consideration of a Preliminary Plat and Final Plat for the property located adjacent to 107 Bridgewater Way for Phase II of ‘The Lakes at Stillwater’ senior living facility. The Goodman Group, Randall Benson, property owners and Bill Howell, applicant. Ms. Wittman stated Birchwood Landing, LLC of ILHC of Stillwater, LLC represented by the Goodman Group, has submitted a request to develop two existing outlots into four parcels. The four parcels are proposed to contain 30 independent living units with one enclosed common area. The Final PUD has already been granted. The request includes: 1) Preliminary Plat for Birchwood Landing: 8 lots; and 2) Final Plat for Birchwood Landing: 8 lots. Staff recommends approval with five conditions. Bill Howell, The Lakes at Stillwater, stated that Phase I, with 139 units total, is almost completed and they have 20 of the proposed 30 lake homes in Phase II reserved. Chairman Lauer opened the public hearing. Dionne Meisterling, 12550 72nd Street North, asked what the setback is from the two buildings closest to her. She added that the Goodman Group, the second developer of this site, has been good to work with. Ms. Wittman replied the setbacks will be 30’ on the west and 50’ on the east. Chairman Lauer closed the public hearing. Motion by Commissioner Hade, seconded by Commissioner Hansen, to approve Case No. 2019-11, Preliminary Plat and Final Plat for Phase II of The Lakes at Stillwater senior living facility, with the five staff-recommended conditions. Motion passed 6-0. Case No. 2019-13: Consideration of a Conditional Use Permit to operate a Type C Short Term Home Rental on the property located at 1200 Nightingale Boulevard, located in the AP district, JD and Jana Teschler, property owners. Ms. Wittman stated that Jana Teschler has submitted an application to operate a Short Term Home Rental (STHR) on her property at 1200 Nightingale Boulevard. One letter of support was received from a property owner at 1180 Nightingale Boulevard. Another resident at 1220 Nightingale is not in favor of the license, expressing concern that this use would increase traffic and decrease property values. Staff recommends approval with 12 conditions. Commissioner Siess asked if pool insurance is required. Ms. Wittman stated it is not specifically required under the ordinance but the insurance policy on file indicates the pool is covered by insurance. Jana Teschler, property owner, noted that property at 1166 Nightingale, referenced by the opposing neighbor, was a long term rental and a bad neighbor. She said this will not become a party house because it will remain her primary home. Guests will be fined if neighbors complain. Chairman Lauer asked if it should be a Type B because it is the applicant’s primary residence. Ms. Wittman said if they rent it out more than half the year it is considered a Type C. Ms. Teschler said they are not sure how much the home will be rented at this point. Chairman Lauer opened the public hearing. There were no public comments. The hearing was closed. Motion by Councilmember Collins, seconded by Commissioner Hade, to approve Case No. 2019-13, CUP to operate a Type C STHR at 1200 Nightingale Boulevard, with the 12 conditions recommended by staff. Motion passed 6-0. Planning Commission April 23, 2019 Page 3 of 5 Case No. 2019-14: Consideration of a Variance to the 1,000 square foot maximum accessory structure coverage for the property located at 304 Holcombe Street South in the RB district. Robert Ainsbury and Kady Long, property owners, and James Barton, applicant. Ms. Wittman stated that the applicants would like to construct a two-stall, attached 728 square foot garage onto the residence at 304 Holcombe Street South. There is an existing 672 square foot detached garage which the owners would like to retain. As a result, a variance has been requested to City Code Section 31-308(a)(3)(1): “the maximum lot coverage of all accessory buildings including attached and detached private garages and other accessory buildings shall be 1,000 square feet or 10 percent of the lot area, whichever is less.” Specifically, the applicant is requesting a 400 square foot accessory structure variance. Staff recommends approval with four conditions. Jim Barton, Barton Construction Services Inc., representing the applicants, informed the Commission that there are approximately 14 other homes in the neighborhood with oversized garages. The large lot makes the garage addition reasonable. The owners intend to dress up the existing garage to match the new one. Tim Dean, Barton Construction Services Inc. remarked that the existing garage is a good visual barrier. If it is required to be removed, it would expose the backside of several existing structures. Commissioner Siess asked what is the applicants’ opinion of the code for this size lot? For example, 10% of the lot could result in 2,800 square foot coverage for this 28,000 square foot lot. Mr. Barton said he believes the intent of the code is that garages don’t dominate a lot. To put a 2,800 square foot footprint on this lot would be excessive. Chairman Lauer opened the public hearing. Corey Beavers, 519 Olive Street, behind the applicant property, asked if the improvements are likely to affect his taxes or property value. He has removed items from his property at the City’s request. Ms. Wittman explained that a property’s assessed value, set by the County, depends on many factors and that his taxes likely would not go up solely because of this addition. Chairman Lauer closed the public hearing. Commissioner Siess said she has a problem with the stated practical difficulty and the code. The property owners knew the size of the existing garage when they bought it. She feels this size property should be allowed more accessory building space. She will vote to deny but her vote is for the City Council to say yes and to direct staff to adjust the amount of land that can be used for accessory structures. Commissioner Hansen said he feels the practical difficulty is the large size of the lot. He agrees that 10% or 1,000 square feet seems to be a randomly chosen number. He would like to see the code relaxed and he feels this is what a variance is for. Chairman Lauer pointed out that the lot could be split in the future with Council approval. Motion by Commissioner Hansen, seconded by Commissioner Dybvig, to approve Case No. 2019-14, Variance to the 1,000 square foot maximum accessory structure coverage at 304 Holcombe Street South, with the four staff-recommended conditions, amending Condition #2 by adding the words, “for both the proposed and existing garages.” Motion passed 5-1 with Commissioner Siess voting nay. Commissioner Siess asked that the minutes reflect that she recommends that staff and the City Council look at this code. Planning Commission April 23, 2019 Page 4 of 5 Case No. 2019-16: Consideration of an amendment to City Code Chapter 31, Zoning, and Chapter 35, Stormwater Drainage, specifically affecting the stormwater design standards and submittal, review, and permitting processes and requirements. City of Stillwater, applicant. --Tabled until the May meeting. UNFINISHED BUSINESS Case No. 2019-05: Consideration of an amendment to the Short Term Home Rental Ordinance. The purpose of the amendment is to clarify existing language and to make minor procedural changes. City of Stillwater, applicant. City Planner Wittman stated that on March 27, 2019 the Commission opened the public hearing for an ordinance that would institute revisions to the STHR ordinance. The hearing was tabled until April 24 to gather additional information regarding fines, criminal background checks for operators, and number of licenses issued. Staff checked fines in other communities and found only one city, Chicago, that has fines. City Attorney Land advises that the amount of the fine (administrative citation fee) may be whatever the City Council deems appropriate. Staff believes that the potential loss of the license for six months is a more effective deterrent than a fine. Therefore, staff does not believe it is necessary to raise the fines any higher than they currently are. To date, 27 licenses have been issued and only two substantiated complaints have been received against the same property. Regarding whether the City may require criminal background checks, City Attorney Land states that the City can add a criminal background check requirement to the ordinance, but the only reason the City can deny a license based on the criminal background is due to a conviction related to the vacation rental business. And then only if the conviction occurred in the last five years. This is already in the code. Ms. Wittman provided information on the number of licenses and the number of complaints and fines to date. Staff recommends that the Commission recommend the Council approve the ordinance without additional modifications. Commissioner Hansen asked if a six month revocation for three substantiated complaints is long enough to be an effective deterrent. Ms. Wittman said that is up to the Commission to discuss. Chairman Lauer said if a license is revoked and the applicant reapplies after six months, would the Commission review the case again? Ms. Wittman replied no, because the Commission approves the Conditional Use Permit (CUP) but not the license. The City may initiate revocation of the CUP but it requires a formal process including a public hearing and is not a common practice. Commissioner Hansen commented he doesn’t see the Commission as the type of regulatory body that should make a decision on a CUP based on the license. Commissioner Hade noted the ordinance appears to be working so there is no need to change it. Commissioner Hansen agreed the ordinance has worked pretty well for two and a half years. AirBnB and VRBO are very self enforcing, so neglectful property owners won’t get tenants. Commissioner Siess asked how much is a license? Ms. Wittman replied the license is $50, renewal with no changes $25, renewal with changes $50. The inspection fee is about $150. Commissioner Siess remarked at present the fees do not seem like enough to cover staff time. Commissioner Hade and Chairman Lauer concurred. Planning Commission April 23, 2019 Page 5 of 5 Commissioner Dybvig voiced support for the changes. He asked if revocation of the license could be linked to revocation of the CUP to provide additional scrutiny and help prevent bad properties from obtaining a license again. Commissioner Hansen suggested increasing the fines for second and subsequent violations. Motion by Commissioner Siess, seconded by Commissioner Hansen, to recommend that the City Council approve an amendment to the Short Term Home Rental Ordinance, and to forward the following comments from the Commission: that fees and fines should be increased given the amount of staff time it takes for administering the program; that increased fees and fines would deter violators; and that the Council is asked to consider revocation of the CUP after the third substantiated violation so that appointed/elected officials get the chance to review licenses of problematic STHRs. Motion passed 6-0. OTHER ITEMS OF DISCUSSION Water Street Inn Construction Commissioner Hade brought up a concern about the design drawings versus what is being constructed at the Water Street Inn. He and Commissioner Siess asked Ms. Wittman to forward the design drawings to them. Minar Neighborhood Update Ms. Wittman updated the Commission on development in the Minar Neighborhood. The development moratorium went into effect in January. A public meeting was held with neighbors to discuss opportunities and constraints and to look at the possibility of establishing a rural residential district. A survey was taken looking at possible uses in the neighborhood. Language was drafted creating a rural residential district. The neighborhood is favorable to minimal alterations to the uses that could be permitted. Staff advised there will be public hearings for the creation of a rural residential zoning district, probably in June. FYI STAFF UPDATES Vacancies, Appointments, and Election of Officers Chairman Lauer recognized that Commissioner Siess’s seat will need to be filled. He thanked her for her time over the years. City Planner Wittman stated that Commissioner Hansen’s term is expiring as well and he expressed interest in being reappointed. There are two other applicants being interviewed for the two seats. The appointments will be on the City Council agenda May 7. Election of officers will take place in May. Commissioner Hade suggested that the Councilmember Collins try to ensure there is at least one female or minority member. ADJOURNMENT Motion by Commissioner Dybvig, seconded by Commissioner Hansen, to adjourn the meeting at 8:51 p.m. All in favor, 6-0. Respectfully Submitted, Julie Kink Recording Secretary