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HomeMy WebLinkAbout2019-07-15 CPC MINS Special Meeting PLANNING COMMISSION MEETING MINUTES July 15, 2019 REGULAR MEETING 7:00 P.M. Chairman Lauer called the meeting to order at 7:05 p.m. Present: Chairman Lauer, Commissioners Dybvig, Kocon and Meyhoff; Councilmember Collins Absent: Commissioners Hade and Hansen Staff: City Planner Wittman APPROVAL OF MINUTES Possible approval of minutes of May 22, 2019 regular meeting Motion by Commissioner Kocon, seconded by Commissioner Meyhoff, to approve the May 22, 2019 meeting minutes. Motion passed 5-0. OPEN FORUM There were no public comments. PUBLIC HEARINGS 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, (former) property owner and Doug and Cheryl Marsh, applicants. Ms. Wittman reviewed the case. Doug and Cheryl Marsh are requesting a variance to the rear yard setback in order to construct an addition onto the back of the house. On May 22nd, 2019, the Planning Commission tabled the variance request from the Marshes and requested 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 trees. The City received two public comments: Glenn and Becci Cox, 417 Cherry Street West, expressed concerns about impacts to a black walnut and a cedar tree and about existing drainage problems being worsened by the proposed addition. Kurt Klitzke, former property owner, stated that the property is currently at zero runoff to the rear and he believes the proposed addition would not create drainage issues. Since the last meeting, a drainage plan was submitted and approved by the city engineer, who found that with the proposed drainage plan, the addition will have no negative impacts on the neighbors. These plans include adding gables and gutters that will channel water away from the property to the north, and the installation of grates that connect to sub-surface PVC pipes to funnel the water east and away from the neighboring property. Moving the grates to the corners of the proposed addition was recommended in order to pick up the runoff quicker. The city forester analyzed the proposed addition’s impact to the black walnut and white cedar. He indicated the trees show somewhat sparse crowns and dead wood. He determined that the proposed construction may stress the two trees but would not be enough to threaten their health. The applicants are now requesting a variance to allow for an addition to be built 13 feet from the rear property line, where a 25 foot setback is required. Staff recommends approval of the variance to the rear yard setback with six conditions. Chairman Lauer opened the public hearing. Planning Commission July 15, 2019 Page 2 of 6 Becci Dawson Cox and Glenn Cox, 417 West Cherry Street, provided photos of the trees they are concerned with. They responded to the forester’s comment about the dead wood, saying black walnuts tend to grow like that, dropping dead wood which is normal. 48” in the back of the division would trench right across the root line of both trees. The white cedar provides the only privacy between the two houses because of the height differential. The drainage issue and the loss of the trees are equally important. Chairman Lauer closed the public hearing. Councilmember Collins asked, are there repercussions if this goes forward and ends up damaging the trees? City Planner Wittman replied none that she is aware of. Commissioner Kocon expressed confidence in the professional opinions saying the proposed addition will not threaten the trees and it will drain properly. Councilmember Collins said his concern is with neighbor’s trees, though he acknowledged that the forester has been to the site twice. Commissioner Dybvig said he is uncomfortable that the City initially allowed the house to be built way back on the lot. Each decision made by this Commission impacts the next decision. He questioned whether granting the variance would worsen the situation. Chairman Lauer granted permission for the Coxes to come back to the podium. Ms. Dawson Cox asked if part of the reason for a 25’ setback is to protect roots of neighboring trees. Ms. Wittman stated usually the purpose of a setback is to have uniform spaces on a traditional block. Mr. Cox asked, was the forester aware of the drainage plan and fully aware of the issues in the area Ms. Dawson Cox added that the forester told them he didn’t know about the drainage plan. Ms. Wittman responded that the forester was aware of the drainage plan before he visited the second time last weekend. Motion by Commissioner Kocon, seconded by Commissioner Meyhoff, to approve Case No. 2019-21, a Variance to the rear yard setback to add a 12’ addition to the rear of the home located at 420 Linden St W, with the six conditions recommended by staff. Motion passed 4-1 with Councilmember Collins voting nay. Case No. 2019-24: Consideration of a Conditional Use Permit to operate a Type C Short Term Home Rental on the property located at 437 2nd St S in the RB district. Brian Brosdahl, property owner. Ms. Wittman stated that the applicant currently operates a Type B Short Term Home Rental on the property and would like to upgrade to a Type C license. She noted that as long as the two additional sleeping areas are approved for egress by the City Building Department, all standards are met. Staff recommends approval with 11 conditions. She added that the City Council recently held first reading of an ordinance amendment increasing the number of Type C licenses available. Brian Brosdahl, applicant, stated he is currently approved for six bedrooms, allowing for 13 guests. An egress window is being installed in the seventh bedroom to meet the requirements. Chairman Lauer opened the public hearing. There were no public comments. Chairman Lauer closed the public hearing. Motion by Commissioner Dybvig, seconded by Commissioner Kocon, to approve Case No. 2019-24, Conditional Use Permit to operate a Type C Short Term Home Rental on the property located at 437 2nd St S, with the 11 staff-recommended conditions. Motion passed 5-0. Planning Commission July 15, 2019 Page 3 of 6 Case No. 2019-28: Consideration of Variances for the front and side yard setbacks to construct a new detached garage on the property located at 410 Linden St W in the RB district. Chris Rustad, property owner. Ms. Wittman stated that the applicant is proposing to construct a detached garage that will match the setback of the front wall of the existing house that would extend 18 feet into the required front yard and four feet into the required side yard setback. It will increase the structural coverage 8.43% over the allowed 25%. Staff recommends approval of the variances to the front yard setback, side yard setback, and impervious surface coverage, with four conditions. Chris Rustad, 220 Chestnut St W, applicant, offered to answer questions. Chairman Lauer opened the public hearing. There were no public comments. Chairman Lauer closed the public hearing. Motion by Councilmember Collins, seconded by Commissioner Dybvig, to approve Case No. 2019-28, Variances for the front and side yard setbacks to construct a new detached garage on the property located at 410 Linden St W, with the four staff-recommended conditions. Motion passed 5-0. Case No. 2019-29: Consideration of a variance to the maximum allowed lot coverage. Property located at 1435 Curve Crest Blvd in the BP-I district. Packard Properties, LLC, property owner, and Stiglich Construction, Inc., applicant. Ms. Wittman stated that in 1989 a future addition was contemplated for this property. Culligan is now ready to have the additional warehouse space, so the property owner plans to build an addition a bit smaller than envisioned in the city-approved 1989 site plan, but in the same location. Upon examination, it was discovered that the proposed addition and associated driveway expansion exceed the 60% impervious coverage allowed on the property. Drainage will be entirely accommodated on site. The applicants are requesting a variance to allow 63% impervious coverage, representing a variance of 1,718.6 square feet, or a 5.1% increase over the 34,013.4 square feet permitted. Staff recommends approval with three conditions. Commissioner Meyhoff asked what is “treatment” of water on site? Ms. Wittman replied in this case, treatment is considered to be infiltration. Robert Stiglich, applicant, said the designers made the changes per the Middle St. Croix Watershed Management Organization’s recommendations for the present design. The addition will allow the user to have more storage space and keep trash inside the building instead of the existing trash enclosure. Chairman Lauer opened the public hearing. There were no public comments. The hearing was closed. Motion by Commissioner Kocon, seconded by Chairman Lauer, to approve Case No. 2019-29, variance to the maximum allowed lot coverage for the property located at 1435 Curve Crest Blvd. Motion passed 5-0. Case No. 2019-30: Consideration of a Variance to the Front Yard Setback. Property located at 515 3rd St S, in the RB district. ELIN Marco Group, property owner and Patrick Schmeichel, applicant. Ms. Wittman stated that the Elin Marco Group is proposing to rehabilitate the existing three-family structure at 515 3rd Street South into a single family residence. The proposed project includes the addition of a porch on the front of the home. A 6’ variance to the 20’ Front Yard Setback is being requested for the construction of a 6’ deep, open covered porch. Staff finds practical difficulty has been established and therefore recommends approval with five conditions. Planning Commission July 15, 2019 Page 4 of 6 Patrick Schmeichel and Sharon Crowley, Elin Marco Group, offered to answer questions. They are trying to restore the house as historically close as possible based on what is known about its history. Chairman Lauer opened the public hearing. There were no public comments. The hearing was closed. Ms. Wittman noted for the record she has heard positive comments about the plans from adjacent neighbors. Motion by Commissioner Dybvig, seconded by Commissioner Meyhoff, to approve Case No. 2019-30, Variance to the Front Yard Setback for the property located at 515 3rd St S, with the five staff- recommended conditions. Motion passed 5-0. Case No. 2019-31: Consideration of Variances associated with a proposed Resubdivision of parcel into two lots: Variance to the maximum allowed building coverage and Variance to lot size for second lot. Property located at 1422 Martha St N in the RB district. Sally Studtman, property owner and Nancy Millard, applicant. Ms. Wittman stated that the Edmund H. Studtman trustees would like to sell their homestead at 1422 North Martha Street. The property is composed of 2 1⁄2 platted lots that were combined into a single parcel. The trustees hope to resubdivide the parcel into two lots and sell both. Parcel 1 (the northern parcel with the existing house) would meet the required 7,500 square foot lot size, but would require a building coverage variance, since there would be 27.3% coverage and only 25% is permitted. Parcel 2 will need a size variance, since it has only 6,337 square feet of area. The resubdivision will be the Council’s decision; the variances fall under the Planning Commission’s purview. Five letters have been received from residents in the neighborhood: Wendy Adams, 321 Moore St W, Gwynne Fransen, 217 Moore St W, Ronald and Carol Lux, 404 W St Croix Ave, Tolis Dimopoulos, 402 Sycamore St W and Haraldsons, 411 Maple St. The primary concerns identified by the neighbors are the undersized southern lot and the grandfathered location of the existing house. Staff finds the resubdivision and the variances to be consistent with the Comprehensive Plan and compatible with the neighborhood. Therefore, staff recommends approval with six conditions. Sally Studtman, 318 W Sycamore St, applicant, offered to answer questions. Chairman Lauer opened the public hearing. There were no public comments. The hearing was closed. Commissioner Kocon noted there is somewhat of an economic consideration however all lots across Martha have been subdivided. The request is in keeping with the rest of the neighborhood which has smaller lots. Commissioner Meyhoff concurred that the request is in keeping with other smaller lots. Chairman Lauer said he struggles with the economic motivation. He questioned whether the application furthers the goals of the Comprehensive Plan. Commissioner Dybvig wondered if the domino effect will be started by tonight’s action. He would feel more comfortable if he knew what would be built on the vacant lot. Commissioner Kocon pointed out that a home could be built within the setbacks. He does not believe the Commission’s action would create a hardship, but buyers of the second lot would have to be aware of the lot constraints. Commissioner Dybvig shared a concern that a future buyer might request a variance, saying it is an under sized lot. He reminded the Council variances cannot be justified by economic reasons. Planning Commission July 15, 2019 Page 5 of 6 Commissioner Meyhoff remarked that smaller homes are currently selling, so it is market-driven. He feels it will fit the neighborhood better after being split. Councilmember Collins said there is no doubt there is an economic consideration. One of the remaining lots will be substandard. He is uncomfortable with this. Chairman Lauer noted that it goes back to the intent of the applicant. Their motivation is economic so it fails the criteria for granting a variance. Motion by Commissioner Dybvig, seconded by Commissioner Kocon, to deny Case No. 2019-31, Variance to the maximum allowed building coverage and Variance to lot size for second lot for property located at 1422 Martha St N. Motion passed 4-1 with Commissioner Meyhoff voting nay. UNFINISHED BUSINESS There was no unfinished business. NEW BUSINESS Case No. 2019-27: Consideration of a Short Term Home Rental Type B license application. Property located at 316 William St N in the RB district. Dana Mattingly, property owner. Ms. Wittman stated that Dana Mattingly owns and lives on the property at 316 William Street North. She has applied for a Type B Short Term Home Rental license. The property is already operating as a Short Term Home Rental, so she is applying after the fact for the license. All of the performance standards required of Type B Short Term Home Rentals are met. Four residents submitted comments: Tom Anderson, 317 William St N (opposed), Carol Peterson, 704 Linden St W, Sandra Lynott, 717 Linden St W, and Joni Brostrom, 726 Linden St W (three in support). Staff finds that the proposed use can conform to the requirements and the intent of the Zoning Code, the comprehensive plan, relevant area plans, other lawful regulations, and will not be a nuisance or detriment to the public welfare of the community. Therefore, staff recommends approval with ten conditions. Commissioner Kocon asked if there have been any substantiated complaints on this rental. City Planner Wittman said there have been no substantiated complaints. Photos have been submitted regarding parked vehicles but they have not been able to be proven to be guests’ vehicles. She added that staff has allowed almost all Types A and B applicants to operate their rentals while the license application is in process. Councilmember Collins asked if the owner lives more than a half hour away. Ms. Wittman replied that the owner lives more than a half hour away but they have a property manager who lives at 504 Greeley St S. Chairman Lauer asked about parking for people who are not staying but are guests. Ms. Wittman replied parking for registered guests must be accommodated on site. The code does not specifically talk about where unregistered guests are allowed to park. The number of parking stalls required on site is based on the number of registered guests. Chairman Lauer offered the opportunity for public comments. Kelly and Dana Mattingly, applicants, said they have a farm in Wisconsin but their Minnesota home is their residence where Ms. Mattingly lives more than 51% of the time. She has been operating as a Type A license, staying with all her guests. She would like the flexibility to be able to go back to Wisconsin when needed. Ms. Mattingly said one neighbor is concerned about child molesters. They tried to sell the house last summer and were unable to sell it so they felt they would try Airbnb. Their Planning Commission July 15, 2019 Page 6 of 6 guests have been mostly families and women. She has a five star rating and enjoys hosting the guests. She has two managers living in Stillwater. One of them lives next door. Thomas Anderson, 317 William St N, said he was surprised to learn this type of commercial activity could take place in residential areas. He is concerned for the welfare of his family. There have been problems with Airbnbs in other locales. No background checks are required by Airbnb and it is easy for bad things to happen. He feels the Mattinglys are good people but he does not support the application. Van Brostrom, 726 Linden St W, said he and his wife support the application 100%. All guests have been very polite and quiet. Jana Webster, 710 Linden St W, spoke in support of the application. She works in tourism and feels that Airbnbs elevate the neighborhood. The owners have been very open and honest with the neighbors. Commissioner Kocon said if the application meets the Short Term Home Rental ordinance, he sees no reason to deny it. Councilmember Collins said that Mr. Anderson’s concerns are not new. Only one property has had substantiated complaints since the City adopted its Short Term Home Rental ordinance. Chairman Lauer said he supports the application. Watchful neighbors help resolve issues before they get out of hand. Motion by Commissioner Kocon, seconded by Commissioner Dybvig, to approve Case No. 2019-27, Short Term Home Rental Type B license application for the property located at 316 William St N, with the ten staff-recommended conditions. Motion passed 5-0. OTHER ITEMS OF DISCUSSION There were no other items of discussion. FYI STAFF UPDATES Ms. Wittman informed the Commission that the Commission next meets July 24. She reminded the Commission of the Boards and Commissions Picnic August 22. ADJOURNMENT Motion by Commissioner Kocon, seconded by Commissioner Meyhoff, to adjourn the meeting at 8:50 p.m. All in favor, 5-0. Respectfully Submitted, Julie Kink Recording Secretary