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HomeMy WebLinkAbout2019-05-22 CPC MINS PLANNING COMMISSION MEETING MINUTES May 22, 2019 REGULAR MEETING 7:00 P.M. Chairman Lauer called the meeting to order at 7:01 p.m. Present: Chairman Lauer, Commissioners Dybvig, Hansen, Kocon and Meyhoff; Councilmember Collins Absent: Commissioner Hade Staff: City Planner Wittman ELECTION OF OFFICERS Motion by Commissioner Hansen, seconded by Commissioner Kocon, to nominate Commissioner Lauer as Chair. Motion passed 6-0. Motion by Commissioner Hansen, seconded by Chairman Lauer, to nominate Commissioner Dybvig as Vice Chair. Motion passed 6-0. APPROVAL OF MINUTES Possible approval of minutes of April 23, 2019 regular meeting Motion by Commissioner Dybvig, seconded by Councilmember Collins, to approve the April 23, 2019 meeting minutes. Motion passed 5-0-1 with Commissioner Kocon abstaining. OPEN FORUM There were no public comments. PUBLIC HEARINGS Case No. 2019-15: Consideration of a Special Use Permit to operate a commercial recreational business on the property located at 123 2nd St N in the CBD district. Judd Sather, property owner and Sara Jespersen, applicant. Ms. Wittman reviewed the case. Sara Jespersen is requesting an amendment to the existing Special Use Permit for an additional commercial recreational business to be incorporated into the approved commercial catering kitchen/restaurant. The business would be the Lumberjack, an axe throwing establishment. A mechanical utility enclosure is located on the southeast side of the building which will include hood exhaust, air intake, and a generator for the building. It is proposed to be open to the alley and there has been concern about generator noise in the alley. 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 of the community. Therefore, staff recommends approval with eight conditions and possibly a ninth condition for the mechanical area. Chairman Lauer asked if noise from mechanical equipment is currently a problem. Ms. Wittman said staff is not aware that it is currently a problem, however, mechanical equipment is usually on top of a building. The property owner has gotten most equipment inside or above the Planning Commission May 22, 2019 Page 2 of 5 building but venting new equipment for the lowest level up to the rooftop is impractical because the second and third floors are already built out. Sara Jespersen, 1104 Meadowlark Drive, applicant, explained that the Lumberjack will showcase the area’s lumbering history and will be focused on safety. Councilmember Collins asked about the setup of the axe throwing booths and the possibility of an axe richocheting back. Ms. Jespersen said they will have a special absorbent flooring to minimize bounce, and rubber material hanging from the ceiling so if an axe is thrown high it will fall directly to the floor. They are following the rules of the World Axe Throwing Federation. Commissioner Meyhoff asked what the generator is used for. Ms. Jespersen said it is an emergency generator. Mr. Sather added that, due to the occupancy level, they the generator is required to provide egress in case of emergency. It would be used only in the event of a power outage. He asked for explanation of the possible condition requiring a four-sided enclosure. Ms. Wittman said one of the commissioners suggested it as a condition of approval to help reduce trash visibility and noise in the alley. Mr. Sather said they plan to try to clean up Union Alley of existing garbage cans, possibly through a shared garbage unit. That is why they wish to leave the fourth wall of the trash enclosure open. Ms. Jespersen suggested waiting to resolve the trash enclosure issue until after they have talked to all the surrounding property owners to figure out a solution. Ms. Wittman concurred that staff is comfortable moving forward as long there is discussion. Chairman Lauer opened the public hearing. There were no public comments. The hearing was closed. Motion by Commissioner Kocon, seconded by Commissioner Dybvig, to approve Case No. 2019-15, Special Use Permit to operate a commercial recreational business on the property located at 123 2nd St N., with the eight conditions recommended by staff, adding Condition #9, stating “The air-handling, electrical, and hood equipment being installed in the southeast corner shall be enclosed on all four sides. A functional gate can be used for access to the utility patio.” Motion passed 6-0. Case No. 2019-18: Consideration of a Variance to the exterior side yard setback to rebuild garage on the property located at 503 4th St N located in the RB district. Sheryl Weitzel, property owner and Paul Gunderson, applicant. Ms. Wittman stated that the applicant is proposing to tear down an existing 16’ by 18’ garage and reconstruct a 22’ by 22’ garage in its place. This would require a variance to City Code Section 31- 308(b)(1) to allow for a garage to be set back 26’ from the front lot line, whereas a 30’ front yard setback is required. Staff finds that the application is in harmony with the intent of the zoning ordinance and consistent with the comprehensive plan. The applicant has established practical difficulty and the proposal does not alter the essential character of the locality. Therefore, staff recommends approval with four conditions. Paul Gunderson, applicant, 12863 Keller Avenue, Hugo, said the entire house will have new siding, soffit and fascia. Chairman Lauer opened the public hearing. There were no public comments. Chairman Lauer closed the public hearing. Planning Commission May 22, 2019 Page 3 of 5 Motion by Commissioner Hansen, seconded by Commissioner Meyhoff, to approve Case No. 2019-18, Variance to the exterior side yard setback to rebuild garage on the property located at 503 4th St N, with the four staff-recommended conditions. Motion passed 6-0. Case No. 2019-19: Consideration of a Variance to the front and exterior setback for the reconstruction of a garage on the property located at 116 Harriet St N in the RB district. Daniel and Allison Boblit, property owner and Jim Barton, applicant. –Tabled to June meeting per applicants’ request Case No. 2019-21: Consideration of a Variance to the rear yard setback to add a 12’ addition to the rear of the home located at 420 Linden St W in the RB district. Kurt Klitzke, property owner and Doug and Cheryl Marsh, applicant. Ms. Wittman stated that the applicants are proposing to construct an addition that will extend 12’ further into the required rear yard setback of the house at 420 Linden Street West. This would require a variance to City Code Section 31-308(b)(1) to allow for the main building to be set back 13’ from the rear yard, where a 25’ rear yard setback is required. Staff is impartial on recommendation of a variance to the rear yard setback for the construction of the addition, because there are concerns. Public comments were received from the Coxes, neighbors to the north, expressing concern about the mature red cedar and black walnut trees experiencing root damage, and concern about the drainage impacts to their home which is significantly downhill from the site. An additional concern is that the home was constructed in 1992 but there is no survey of the property to verity that the home was originally constructed in compliance with setback provisions at the time. The City agreed to a new drainage plan for this property in 2006 directing drainage away from the property. The property owners feel that adding gables and gutters on the addition will channel the runoff to the northeast, protecting the property owner to the north. They will also put a downspout on the west side of the home to direct water underground to the northeast side of their property. Staff recommends that if the variance is approved, seven conditions be imposed. Chairman Lauer asked if there are existing drainage problems. Ms. Wittman replied staff is not aware of any continuing drainage problems since the 2006 drainage plan was approved for construction of the garage. Gutters and downspouts will help, but all runoff cannot be captured on site. Commissioner Hansen remarked that if approved, he would like to see the drainage plan specify that its goal is to protect the property owner to the north and direct drainage more to the east. He also asked why the variance is 13’ while the survey would be required to verify there is a minimum of 10 feet from the property line? Ms. Wittman responded the property corners cannot be verified because there are no survey markers. Aerial imagery shows the back fence is off the property. Because there is a 2-3’ discrepancy in aerial imagery, staff would like to require a survey. Chairman Lauer asked if the proposal will exceed impervious surface coverage limits. Ms. Wittman replied the proposal will not put the project over the 25% threshold. Commissioner Kocon pointed out that the gabled roof across the entire back will drain east and west and help the drainage situation. Doug Marsh, 1421 Bay Drive, Forest Lake, applicant, said current roof drains toward the neighbors. A gabled roof will help redirect the drainage. In addition the driveway pavers are open. The 12’ is asking for is only 9’ off the jut-out in the back of the house right now. The addition won’t show from the street. He is willing to consider the proposed conditions. Chairman Lauer opened the public hearing. Planning Commission May 22, 2019 Page 4 of 5 Becky Dawson Cox and Glenn Cox, 417 W. Cherry Street, stated when the house was built the lot was raised considerably. A berm was built but it is long gone and now there is a steep slope from the house toward their basement. Their big concerns are the possible impacts on a 100+ year black walnut tree almost on the lot line, which they will probably lose if the root line is compromised; a 50+ year old cedar right between the houses that provides the only screening; and drainage into their property. Water has been an issue ever since the house was built. They have no basement drain. The whole back of the proposed addition site is covered in landscape rock or pavers. There is lot of space in front and they would like the applicants to consider building onto the front of the house instead. There were no other public comments. The hearing was closed. Commissioner Dybvig noted he is uncomfortable with the variance because the slope in the back is already fairly steep. A rear addition would make the hill behind the building even steeper. If the front wall were moved further forward it would not contribute to drainage problems in the rear. He would like to see a drainage plan in advance of any approvals. Commissioner Kocon commented he doesn’t understand why the house was built the way it was in the first place. It is a large lot with an incredibly short slope. The gabled roof would help, but there still would be no place for absorption of the drainage. He cannot support the variance. Commissioner Hansen pointed out there is room to build out the front of the home but it would require a complete gutting of the house so it is not really an option. Requiring a drainage plan may help resolve existing drainage issues. There are ways in which granting the variance might solve some of the existing problems. He would prefer to have a survey and drainage plan before approval. Commissioner Kocon expressed concern about the impact of construction on the roots of the large trees. Mr. Marsh stated there would only be a crawlspace under the addition. Commissioner Hansen asked the applicant, if a survey and drainage plan were required, would he accept those costs without a guarantee of approval? Mr. Marsh said he would like to have a survey done. Commissioner Meyhoff suggested the city forester look at the trees to determine potential impacts. City Planner Wittman said the Commission has 60 days and must act on this application by June 25. The 60 days may be extended if necessary. Motion by Councilmember Kocon, seconded by Councilmember Collins, to table Case No. 2019-21, Variance to the rear yard setback to add a 12’ addition to the rear of the home located at 420 Linden St W., to request a survey, a drainage plan to be reviewed by the City Engineer, and an assessment by the City Forester regarding the impact of the crawlspace on the trees. Motion passed 6-0. Case No. 2019-23: Consideration of a Zoning Text Amendment to amend city code pertaining to the citing of wireless towers. City of Stillwater, applicant. Ms. Wittman stated that there are inconsistencies in the City Code regarding wireless towers. While one section indicates towers and antenna are preferred on public lands, other sections of the code indicate they are outright prohibited on public lands. City staff is seeking to clarify in which public districts antennas and towers are allowed to be located. Therefore, staff recommends that the Planning Commission make a favorable recommendation of approval to the City Council for a Zoning Text Amendment to City Code Sections 31-325, Allowable uses in non-residential district, and Section 31-512, Regulation of radio and television towers. Chairman Lauer opened the public hearing and, with no public comment, closed the hearing. Planning Commission May 22, 2019 Page 5 of 5 Commissioner Dybvig asked if ham radio towers are covered under the code. Ms. Wittman replied she is not sure and will check into it with City Attorney Land. Motion by Commissioner Hansen, seconded by Commissioner Dybvig, to recommend that the City Council approve Case No. 2019-23, Zoning Text Amendment to amend city code pertaining to the citing of wireless towers, with clarification from the City Attorney regarding whether the proposed new title will preclude ham radio users and/or other radio/television services. Motion passed 6-0. UNFINISHED BUSINESS 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, applicants. --Tabled from the April meeting. City Planner Wittman stated that the Minnesota Pollution Control Agency (MPCA) requires that the City of Stillwater adopt stormwater infiltration regulations. Motion by Commissioner Meyhoff, seconded by Commissioner Kocon, to recommend that the City Council approve Case No. 2019-16, amendment to City Code Chapter 31, Zoning, and Chapter 35, Stormwater Drainage. Motion passed 6-0. OTHER ITEMS OF DISCUSSION There were no other items of discussion. FYI STAFF UPDATES Comprehensive Plan Update Ms. Wittman informed the Commission that the six month review time for the Comprehensive Plan is over. Comments from adjacent communities indicated no major concerns, only minor issues that were able to be addressed. The City Council held a public hearing on May 7, 2019 to adopt the draft plan and authorize its release to the Metropolitan Council for review. The complete draft of the 2040 Comprehensive Plan is available on the City’s website. ADJOURNMENT Motion by Commissioner Hansen, seconded by Commissioner Kocon, to adjourn the meeting at 8:41 p.m. All in favor, 6-0. Respectfully Submitted, Julie Kink Recording Secretary