HomeMy WebLinkAbout2019-07-24 CPC MINS
PLANNING COMMISSION MEETING MINUTES
July 24, 2019
REGULAR MEETING 7:00 P.M.
Vice Chairman Dybvig called the meeting to order at 7:05 p.m.
Present: Vice Chairman Dybvig, Commissioners Kocon and Meyhoff; Councilmember Collins
Absent: Chairman Lauer, Commissioners Hade and Hansen
Staff: City Planner Wittman
APPROVAL OF MINUTES
There were no minutes for approval.
OPEN FORUM
There were no public comments.
PUBLIC HEARINGS
Case No. 2019-19: Consideration of a Variance to the front and exterior side yard setback for the
reconstruction of a garage on the property located at 116 Harriet Street North in the RB district. Daniel
and Allison Boblit, property owners and Jim Barton, applicant.
Ms. Wittman reviewed the case. Dan and Allison Boblit have requested approval of the demolition
of their existing garage and replacement with a new, similarly sized garage at 116 Harriet Street
North. A 15’ variance to the 30’ front yard setback and a 20’ variance to the 30’ exterior side yard
setback are requested. On the basis practical difficulty has been established, staff recommends
approval with six conditions.
Vice Chairman Dybvig opened the public hearing. There were no public comments. The public
hearing was closed.
Commissioner Kocon commented that the new garage will have less impact than the existing garage.
Motion by Commissioner Kocon, seconded by Commissioner Meyhoff, to approve Case No. 2019-19, a
15’ variance to the front yard setback and a 20’ variance to the exterior side yard setback for the
reconstruction of a garage on the property located at 116 Harriet Street North, with the six conditions
recommended by staff. Motion passed 4-0.
Case No. 2019-35: Consideration of a Conditional Use Permit to operate a brewery and outside seating
at 204 Main Street North in the CBD district. Pat Wolf, 204 North Main LLC, applicant.
Ms. Wittman stated that Pat Wolf, representing 204 North Main LLC and the Joseph Wolf Brewing
Company, has recently purchased the structure at 204 Main Street North. She would like to convert
the existing retail use into a brewery with tap room that would also serve coffee and tea. Two
commercial recreational businesses and two seasonal food vending uses were previously approved
for the property. The applicant would like to retain the two seasonal food vendors. Staff finds that
with certain conditions, the proposed uses conform 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
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nuisance or detriment to the public welfare. Therefore, staff recommends approval with 14
conditions.
Pat Wolf, applicant, 222 Commercial Street, Stillwater, said she would like to bring the Joseph Wolf
Brewing Company back after 93 years. She clarified that the closing on the sale of the property was
delayed but will soon take place. She explained that most breweries partner with mobile food trucks.
She would like to partner with local restaurants to have their menus available and look to food trucks
to augment that. Two mobile food trucks and a mobile cart could easily be located on the outdoor
patio. She would like to reserve this option if possible, and would like to use the patio year round.
She plans to open in a phased approach depending on how long the approvals take.
Vice Chairman Dybvig opened the public hearing. There were no public comments. Vice Chairman
Dybvig closed the public hearing.
Motion by Commissioner Kocon, seconded by Councilmember Collins, to approve Case No. 2019-35,
Conditional Use Permit to operate a brewery and outside seating at 204 Main Street North, with the 14
staff-recommended conditions. Motion passed 4-0.
Case No. 2019-36: Consideration of a PUD Amendment, Special Use Permit, Vacation Easement, and
Preliminary Plat to construct two row houses containing 6 live-work units on the property located at
XXX New England Place. Robert Hill, property owner and Todd Konigson, applicant.
Ms. Wittman stated that Todd Konigson of Livwell.design would like to construct six residential
units in two separate buildings on Outlot D, at the corner of Settlers Way and New England Place.
The proposed units would have a first floor home office, each facing the respective street’s private
garage in the rear of the building. The residence would be located above the home office space, on
the second and third stories. This necessitates the following requests: 1) a Preliminary Plat for the
development of six townhome units on two parcels of land to be known as Liberty Village 5th
Addition; 2) an amendment to the Concept/Preliminary PUD to allow for three stories (as opposed to
2.5) while remaining under the maximum 35’ height restriction; 3) a Special Use Permit (SUP) for
residences in the Village Commercial district; and 4) a partial easement vacation request. 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. As the Planning Commission has previously
granted approval for this use on this property, staff recommends that the Planning Commission defer
consideration of the Special Use Permit to the City Council. Staff would further recommend the
Commission forward a favorable recommendation of approval of the Concept PUD amendment with
the 17 conditions.
Todd Konigson, 201 Sixth Street South, Stillwater, applicant, said he has fielded much interest in
this project and has potential buyers pending City approval. He has been in communication with the
land’s original developers, the Kroening family, and with the commercial association in the area to
try to create a project that works for the community. He explained that he is submitting a revised
gabled roof design and unit orientation per the direction of the City Council. He has re-designed
three of the project’s six units to be oriented toward the Liberty Square as directed, and has oriented
the other three units in the North-South direction on Settlers Glen to allow for optimal use of the lot.
Commissioner Kocon commented that the first submission was mainly a square building which Mr.
Konigson said at the time would be difficult to change. He asked how the design change was
accomplished. He said he likes the new design better.
Mr. Konigson replied that he figured out what he needed to do to meet the design objectives
expressed by staff, the Council and Commissions. There are still challenges. He would prefer not to
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have valleys in the roof due to snow, but his choice of a flat roof was denied. Standing seam metal
roofs are now proposed.
Councilmember Collins asked, besides the Commercial Business Association, has Mr. Konigson
talked to other businesses in the area?
Mr. Konigson replied no, not personally.
Vice Chairman Dybvig asked how it can be ensured that there is commercial use on the first floor.
Mr. Konigson said the live-work design is unique for this area. He is not sure there are similar
properties available in this market. The units are for sale, not rentals.
Vice Chairman Dybvig opened the public hearing. There were no public comments. Vice Chairman
Dybvig closed the public hearing.
Motion by Commissioner Kocon, seconded by Commissioner Meyhoff, to recommend that the City
Council approve the preliminary plat and the Concept PUD amendment for Case No. 2019-36, PUD
Amendment, Special Use Permit, Vacation Easement, and Preliminary Plat to construct two row houses
containing 6 live-work units on the property located at XXX New England Place, and to defer approval
of the SUP to the City Council, with a recommendation of approval with the 17 staff-recommended
conditions. Motion passed 4-0.
Case No. 2019-26: Consideration of a Zoning Text Amendment for the creation of a Rural Residential
Zoning District. City of Stillwater, applicant.
Ms. Wittman stated that a one-year moratorium is near expiring on all new subdivisions and lot
splits in an area referred to as the “Minar Neighborhood” that includes properties located on Minar
Avenue North, Minar Lane North, 75th Street North, 77th Street North, and 77th Street Court North.
The moratorium was to give the City time to determine the appropriateness of increased density,
given the lack of access to City sewer and water, and to determine a corresponding Rural Residential
zoning district classification, memorializing the new standards and regulations for these properties
which are currently zoned AP – Agricultural Preservation. City staff has been gathering information
about other communities’ rural residential zoning districts, conducting site-specific analysis,
soliciting input from other public agencies, meeting with the neighborhood, and drafting the Rural
Residential zoning district. The proposed amendment creates a draft rural residential zoning district
aimed at maintaining large lots where urban services are not feasible. The Commission should
discuss whether the district should have a one acre or 2.5 acre minimum lot size. Staff recommends
the Planning Commission forward a recommendation of approval to the City Council.
Vice Chairman Dybvig opened the public hearing.
Steve Nelson, 7770 Minar Lane North, said he split his lot prior to the moratorium. He pointed out
there are not many lots in the area that could be split. He feels those property owners who are able,
should be allowed to split their lots. One acre lots would still fit the character of the neighborhood.
Terry Lobeck, 7789 Minar Avenue, said his lot probably doesn’t qualify for a lot split but he doesn’t
want to restrict other property owners from splitting their lots. He would support one acre lots.
Jeff Pratt, 7960 Minar Avenue, remarked that in 1978, Stillwater Township acknowledged that lot
splits would be a possibility. Consequently he built his house way on one side of his property. He
feels property owners should retain the ability to split their lots if possible.
Vice Chairman Dybvig closed the public hearing.
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Motion by Commissioner Kocon, seconded by Commissioner Meyoff, to recommend that the City
Council approve the Zoning Text Amendment creating a Rural Residential zoning district with a
minimum lot size of one acre. Motion passed 4-0.
City Planner Wittman clarified that a corresponding Zoning Map Amendment will be brought back
for future consideration. No properties are being rezoned at this time.
UNFINISHED BUSINESS
There was no unfinished business.
NEW BUSINESS
HPC Case No. 2019-03: Consideration of a recommendation regarding the designation of 615
Broadway Street South as a local heritage preservation site. Reid and Julie Miller, property owners.
Ms. Wittman stated that on March 2, 2019, the Heritage Preservation Commission (HPC) denied a
request from Reid and Julie Miller for the demolition of their residential structure located at 615
Broadway Street South. The HPC found there was a feasible alternative to demolition of this historic
resource. On April 16, 2019 the City Council upheld the HPC’s decision and ordered the preparation
of a Designation Study. Ms. Wittman explained the City’ s Demolition Designation Study process.
The106 Group’s impartial analysis has determined the site to not be eligible for local listing. While
staff and some members of the HPC and Council maintain the front portion of the home has local
significance, if only because it retains similar character and sits in the exact location as it did when it
was originally constructed, the City’ s Heritage Preservation ordinance mirrors national standards.
These standards require a greater level of uniqueness, character and interest. Factors such as
longevity or other locally-determined values, priorities and goals cannot be the sole basis for
designation. The process for review of the demolition and the subsequent designation proceedings
complies with the City’ s 2030 Comprehensive Plan’s identified historic preservation objectives,
policies, and programs. The demolition of the structure conflicts with the housing policies to
maintain existing housing, including the preservation of homes in good condition. However, because
the preservation regulations pertaining to designation criteria have not been updated to reflect
changing local values, designation of this structure would conflict with adopted City Code
regulations, ordinances and community policies. A public hearing has been scheduled to consider
designating the structure as a local heritage preservation site. The Planning Commission must make
a recommendation to the HPC to approve, reject, or to modify the proposed designation. Staff
recommends the Planning Commission recommend that the HPC reject the designation in
concurrence with the findings of the designation study. She added that the State Historic
Preservation Office (SHPO) just submitted its comment agreeing with the 106 Group’s findings that
the property does not meet any of the City’s eligibility criteria for local designation.
Commissioner Kocon remarked that the front of the house looks nothing like the back. He
questioned whether the HPC had input on remodeling over the years.
Ms. Wittman noted that most of the changes were done before there was routine review by the HPC.
In older residential neighborhoods, the only input the HPC has is on new home construction.
Peter Frank, the Millers’ representative, noted that much of the structure is not original and only the
front 25 feet is considered to be of historic significance. The only thing that favors historic
designation is the age of the structure. However, longevity cannot be the only factor considered in
making a designation. He feels the Commission should recommend denial of the designation.
Julie Miller, 620 Newman Trail, applicant, said they decided to apply for demolition only after a
thorough review of the structure. There is not enough integrity in the front 25 feet to build upon it or
improve it. The home has been significantly damaged by carpenter ants and rodents and nearly
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everything in the house has been changed. The façade doesn’t look that bad when seen from the
outside but is not in good condition on close inspection.
Commissioner Kocon acknowledged the need to protect the City’s historic resources. In this case the
City’s process was followed in obtaining an independent and impartial analysis which determined
the site to not be eligible for local listing. The HPC will have more control in reviewing the future
application for an infill structure that reflects the neighborhood character.
Councilmember Collins said he was one of the Councilmembers who voted to deny the requested
demolition. He realizes the City cannot preserve all the old properties but the character of this
neighborhood is unique. In considering the expert’s study and SHPO concurrence, it is hard for him
to say but it is probably appropriate for denial of the designation.
Vice Chairman Dybvig pointed out the advantage of the denial is that it preserves the protections of
the HPC in considering the construction of the new structure, both front and back.
Motion by Commissioner Meyhoff, seconded by Commissioner Kocon, to recommend that the HPC
reject the designation of the structure at 615 Broadway Street South as a local heritage preservation site.
Motion passed 4-0.
OTHER ITEMS OF DISCUSSION
There were no other items of discussion.
FYI STAFF UPDATES
Ms. Wittman reminded the Commission of the Boards and Commissions Picnic August 22. She also
stated that the HPC has been awarded a grant to update its ordinances. Staff has started working with
the City Attorney to streamline the demolition component and review how it and the designation
processes work together in terms of meeting the local values concerning preservation.
Commissioner Kocon noted he will be unable to attend the August 20 meeting in case it impacts
achieving a quorum.
ADJOURNMENT
Motion by Commissioner Kocon, seconded by Commissioner Meyhoff, to adjourn the meeting at 8:41
p.m. All in favor, 4-0.
Respectfully Submitted,
Julie Kink
Recording Secretary