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HomeMy WebLinkAbout2019-08-28 CPC MINS PLANNING COMMISSION MEETING MINUTES August 28, 2019 REGULAR MEETING 7:00 P.M. Chairman Lauer called the meeting to order at 7:03 p.m. Present: Chairman Lauer, Commissioners Dybvig, Hansen, and Meyhoff; Councilmember Collins Absent: Commissioners Hade and Kocon Staff: City Planner Wittman APPROVAL OF MINUTES Possible approval of minutes of July 15, 2019 regular meeting Motion by Commissioner Meyhoff, seconded by Commissioner Dybvig, to approve the minutes of the July 15, 2019 meeting. Motion passed 4-0-1 with Commissioner Hansen abstaining. Possible approval of minutes of July 24, 2019 special meeting Motion by Commissioner Dybvig, seconded by Commissioner Meyhoff, to approve the minutes of the July 24, 2019 meeting. Motion passed 3-0-2, Commissioner Hansen and Chairman Lauer abstaining. OPEN FORUM There were no public comments. PUBLIC HEARINGS Case No. 2019-38: Consideration of Variances to the side yard setback and the 25% maximum structural coverage for the Shoreland District in order to add an addition on the home at 1002 Nightingale Boulevard. John and Constance O’Neal, property owners. Ms. Wittman reviewed the case. The applicants are proposing to construct a single story addition to the rear of the existing house. The addition would extend five feet into the required 10 foot side yard setback. It also would put the structural coverage over the allowed 25% lot coverage within the shoreland overlay district. The following variances are needed: a five foot variance from the side yard setback, ten feet required; and a variance for an increase in impervious structural coverage to 28.7%, where a maximum 25% structural coverage is allowed. The City received a letter of support from Paul and Barbara Simonet, 2871 Woodbridge Lane. Staff recommends approval of the side yard setback and impervious surface coverage variances with four conditions. Chairman Lauer opened the public hearing. John O’Neal, applicant, said they would like to construct the addition so they can remain in their home as they age. Chairman Lauer closed the public hearing. Motion by Commissioner Dybvig, seconded by Commissioner Meyhoff, to approve Case No. 2019-38, variances to the side yard setback and the maximum structural coverage for an addition to a home at 1002 Nightingale Boulevard, with the four staff-recommended conditions. Motion passed 5-0. Planning Commission August 28, 2019 Page 2 of 4 Case No. 2019-39: Consideration of a Conditional Use Permit (CUP) to operate a Type C Short Term Home Rental on the property located at 603 Myrtle Street West. Kim and Brandt Jackson of Homes by Kymbrandt, LLC, property owners. Ms. Wittman stated that Kim and Brandt Jackson are applying for a Type C Short Term Home Rental CUP for the single-family residence at 603 Myrtle Street West. There are three bedrooms and two parking spaces on site. Seven overnight guests would be allowed. Staff finds the City’s short term home rental regulations to be satisfied and therefore recommends approval of the CUP with 11 conditions. She further stated that the City Council recently increased the total Type Cs to 25, separating them so there may be 10 in the Central Business District and 15 in the residential areas. In the residential areas, ten of the allowed 15 have been issued and two are pending. Chairman Lauer opened the public hearing. There were no public comments. Chairman Lauer closed the public hearing. Motion by Councilmember Collins, seconded by Chairman Lauer, to approve Case No. 2019-39, Conditional Use Permit (CUP) to operate a Type C Short Term Home Rental at 603 Myrtle Street West, with the 11 conditions recommended by staff. Motion passed 5-0. Case No. 2019-40: Consideration of a Variance to add roof access to the building at 126 Main Street North/231 Commercial Street in the CBD district. Murray and Heidi McAllister, property owners. Ms. Wittman stated that Murray and Heidi McAllister are proposing to renovate the second story of the building at 126 Main Street North, converting the space from three rental units into two units; one unit will be their residence and the other will be a rental. The applicants intend to develop a rooftop patio and improve access to the patio while constructing a 138 square foot indoor sitting and storage area. A 3’ Variance to the 37’ Central Business District Historic Height Overlay is required for the construction of a 230 square foot rooftop access room. One letter of opposition was received from Tom Wortman, 219-221 Main Street North, stating that allowing this variance would set a precedent for other property owners to apply for a similar variance. Staff finds the use is reasonable and the plight of the landowner is due to circumstances unique to the property not created by the landowner; and that the variance will not alter the essential character of the locality. Therefore, staff recommends approval with four conditions. Chairman Lauer asked if allowing the variance would set a precedent as stated in the letter of opposition. Ms. Wittman replied that this block already has similar rooftop uses. The District allows for three stories and 37’. Mr. Wortman could ask for rooftop access to his property across the street if it met the requirements of the zoning code. It is not uncommon to have these rooftop access rooms on downtown buildings, therefore approval would not set a precedent. Chairman Lauer opened the public hearing. Heidi McAllister, applicant, stated they are trying to repurpose an existing, old skylight. The stairs will encompass that space, which is round 4.5’ wide by 9’ long. That is what set the size of the room to be built around the opening. Chairman Lauer closed the public hearing. Commissioner Hansen said there is an inherent amount of noise in the downtown business district. He is concerned about granting more rooftop access downtown, because it impacts the residents outside of that “bowl” but he doesn’t see this as significantly increasing the amount of noise. Planning Commission August 28, 2019 Page 3 of 4 Motion by Commissioner Hansen, seconded by Commissioner Meyhoff, to approve Case No. 2019-40, Variance to add roof access to the building at 126 Main Street North/231 Commercial Street with the four staff-recommended conditions. Motion passed 5-0. Case No. 2019-41: Consideration of a Variance to build a garage on the property located at 904 Harriet Street South. Brian and Kasey Posch, property owners. Ms. Wittman noted that the variance is for the tuck-under garage and not for a detached garage on the property, which will be constructed soon in conformance with all the zoning code requirements. She stated that the applicants obtained approval for the demolition of a pre-1946 residence and approval of the design of a new residence with accessory dwelling unit (ADU) above a detached garage. The applicants obtained a Special Use Permit for the ADU but it was overlooked that the proposed single-car garage attached to the home was not compliant with the RB – Two Family Residential zoning district’s 30’ Front Yard Setback. A 10’ Variance to the Exterior Side Yard setback (from Churchill Street) is being requested to construct the single car tuck-under garage. Staff finds the use is reasonable and the plight of the landowner is due to circumstances unique to the property not created by the landowner; and that the variance will not alter the essential character of the locality. Therefore, staff recommends approval with five conditions. 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. 2019-41, Variance to build a garage on the property located at 904 Harriet Street South with the five staff- recommended conditions. Motion passed 5-0. UNFINISHED BUSINESS There was no unfinished business. NEW BUSINESS There was no new business. OTHER ITEMS OF DISCUSSION Commissioner Hansen asked what motivated the increase in the number of Type C Short Term Home Rentals (STHRs) allowed. Councilmember Collins replied that the Council felt that there was space for additional STHRs. He does not believe it will be extended beyond the 25. Ms. Wittman added that the highest concentration of the Type Cs was being used in the Central Business District. It was decided to allow for some of these to be in the residential neighborhoods if they are clearly vetted through the application process. It was a citizen initiated request. Commissioner Hansen suggested imposing a three to six month delay in the permitting process for any who apply for a license after they have been discovered to be operating without a license or permit. He would like to see more teeth in this ordinance. Ms. Wittman agreed to consult with legal counsel and Community Development staff. FYI STAFF UPDATES City Planner Wittman informed the Commission that two applications have been received from citizens who wish to be on the Commission should any vacancies occur. ADJOURNMENT Planning Commission August 28, 2019 Page 4 of 4 Motion by Commissioner Hansen, seconded by Commissioner Meyhoff, to adjourn the meeting at 7:49 p.m. All in favor, 5-0. Respectfully Submitted, Julie Kink Recording Secretary