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HomeMy WebLinkAbout2019-09-25 CPC MINS PLANNING COMMISSION MEETING MINUTES September 25, 2019 REGULAR MEETING 7:00 P.M. Chairman Lauer called the meeting to order at 7:02 p.m. Present: Chairman Lauer, Commissioners Dybvig, Hade, Hansen; Councilmember Collins Absent: Commissioners Kocon and Meyhoff Staff: City Planner Wittman APPROVAL OF MINUTES Possible approval of minutes of August 28, 2019 regular meeting Motion by Commissioner Dybvig, seconded by Commissioner Hansen, to approve the minutes of the August 28, 2019 meeting. Motion passed 4-0-1 with Commissioner Hade abstaining. OPEN FORUM There were no public comments. PUBLIC HEARINGS Case No. 2019-42: Consideration of an 8’ Variance to the 25’ Rear Yard Setback in the CR–Cottage Residential District. Property located at 3816 Tending Green. Roland and Dana Mattson, property owners. Ms. Wittman stated that Dana and Roland Mattson are requesting an 8’ variance to the 25’ rear yard setback to construct an attached deck and stairs. Staff finds the proposed use is reasonable and that 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 would recommend approval with three conditions. Staff requests that the motion state that it is specifically for an eight foot deck and customary stairs. Chairman Lauer opened the public hearing. Aaron Harrell, 3729 Planting Green, a Homeowners Association Board Member, noted that a deck was always anticipated to be built. A deck will provide egress for the house to the nicely landscaped yard. The Homeowners Association’s Design Quality Committee has approved the proposal. Chairman Lauer closed the public hearing. Motion by Commissioner Hansen, seconded by Commissioner Dybvig, to approve Case No. 2019-42, 8’ variance to the 25’ rear yard setback for an eight foot deck and customary stairs for the property located at 3816 Tending Green, with the three staff-recommended conditions. Motion passed 5-0. Case No. 2019-44: Consideration of a Variance to the front yard setback to build a front porch. Property located at 1218 6th Ave S. Douglas and Lueann Hinderaker, property owners. Ms. Wittman stated that the applicants are proposing to construct a porch on the front of the house to replace a porch the same size and location as previously existed. City code allows for construction of a replacement porch in the same footprint as the original, which necessitates a variance. The porch Planning Commission September 25, 2019 Page 2 of 4 would extend 7.5 feet into the required 20’ front yard setback. Therefore they have requested a 7.5 foot variance. Staff recommends approval of a 7.5 variance to the front yard setback with four conditions. Chairman Lauer opened the public hearing. There were no public comments. Chairman Lauer closed the public hearing. Motion by Councilmember Dybvig, seconded by Councilmember Collins, to approve Case No. 2019- 44, a 7.5 foot variance to the front yard setback to build an open unenclosed front porch for the property located at 1218 6th Ave. S., with the four conditions recommended by staff. Motion passed 5-0. Case No. 2019-47: Consideration of an 18.6’ Variance to the 25’ rear yard setback in order to build an addition to the rear of the home located at 2281 Van Tassel Drive. Mary Ann and Richard Nichols, property owners. Ms. Wittman noted that the applicants would like to construct an addition to the rear of the existing house. The house is required to have a 25’ rear yard setback. The proposed 400 square foot addition would extend 18.6’ into the minimum rear yard setback. They are requesting an 18.6’ variance to allow for the house to have a setback of 6.4’ from the rear lot line, where a 25’ rear yard setback is required. A 10’ setback would be more in conformance with the neighborhood. Staff recommends approval of a variance to the rear yard setback for the construction of an addition, with five conditions. Ms. Wittman pointed out that the fifth condition is that the variance be modified to be no closer than 10’ to the rear yard lot line. Chairman Lauer opened the public hearing. Rick Nichols, applicant, stated that when they built the house in 1992 they didn’t realize it was cockeyed on the lot. He also would like to construct a small deck in the back. There is a great distance between adjacent properties. Chairman Lauer asked if Mr. Nichols would accept the 10’ setback instead. Mr. Nichols said that would be acceptable if necessary. Chairman Lauer closed the public hearing. Commissioner Hansen said it is criminal that someone designed a lot like this with the drainage and utility easement at the bare minimum. He supports the 10’ setback recommended by staff. Commissioner Dybvig agreed that uniquely shaped lots skew the perception of rear and side yards. He supports the 10’ setback. Motion by Commissioner Dybvig, seconded by Commissioner Hade, to approve Case No. 2019-47, 15’ variance to the rear yard setback to build a four season porch for the property located at 2281 Van Tassel Drive, with the five staff-recommended conditions. Motion passed 5-0. Case N0. 2019-48: Consideration of a Variance from the minimum required setback from the St Croix River shoreline. City of Stillwater, applicant. Ms. Wittman noted that one element of the City’s riverfront stabilization project will be construction of a walkway along the river from Nelson Street to the Bergstein Shoddy Mill and Warehouse. The primary purpose of the walkway is to improve public safety by separating pedestrians from bicyclists and St Croix Boat & Packet passengers. With the opening of the loop trail next spring the congestion will increase even more. The new walkway along the river will be designated for pedestrians, while the existing trail will be used by bicyclists. Construction of the walkway will require a variance from the 100 foot required setback from the ordinary high water level of the St. Croix River in order to construct three 20 foot wide viewing platforms up to the edge of the ordinary high water level, rather Planning Commission September 25, 2019 Page 3 of 4 than 100 feet away from it; and a variance from the 40 foot bluffline setback in order to construct the viewing platforms along the bank of the river, rather than 40 feet away from the bank. Staff recommends approval of the two variances with two conditions. Commissioner Hade asked if the high water will affect the improvements. Ms. Wittman said the ordinary high water mark is being used for design, but there will be some flooding of the lower trail and the overlooks. Construction should be completed by the end of 2020. Chairman Lauer opened the public hearing. Bob Aiken, 7640 Minar Lane North, agreed that the project will improve safety, as the trail has gotten very popular with cyclists and pedestrians. He asked how the project is being funded. Ms. Wittman replied the project will be paid by State and City funds. Chairman Lauer closed the public hearing. Motion by Commissioner Hansen, seconded by Commissioner Dybvig, to approve Case No. 2019-48, a variance from the minimum required setback from the St. Croix River Shoreline, and a variance from the minimum bluffline setback, for the construction of a riverfront walkway and three overlooks, with the two staff-recommended conditions. Motion passed 5-0. Case No. 2019-49: Consideration of Zoning Map Amendment to rezone certain properties to RR-Rural Residential Zoning District. City of Stillwater, applicant. Ms. Wittman stated that on October 5, 2018, the City Council enacted a one-year moratorium on all new subdivisions and lot splits in an area referred to as the “Minar Neighborhood”, which includes properties located on Minar Avenue North, Minar Lane North, 75th Street North, 77th Street North, and 77th Street Court North. The moratorium was designed to give the City time to develop and adopt a zoning district appropriate for the neighborhood. On August 20, 2019 the City Council adopted Ordinance No. 1131, creating a Rural Residential zoning district designed for low-density residential neighborhood development. The Planning Commission is now asked to consider a Zoning Map Amendment to rezone Boutwell Valley Estates and Springcreek properties to RR–Rural Residential. Staff finds the rezoning is consistent with the existing and draft Comprehensive Plans and therefore recommends that the Planning Commission make a favorable recommendation of approval of rezoning the aforementioned properties to RR-Rural Residential. Commissioner Hansen noted there was concern a year ago about adding septic systems in this neighborhood. He asked if staff is comfortable, should the maximum number of lot splits occur and the area become fully developed, that the soil in this neighborhood can sustain additional septic systems. Ms. Wittman replied if soil conditions are remediated and sufficient, the County is comfortable with the issuance of new septic permits. Staff also discussed it with Browns Creek Watershed District because of the proximity to Browns Creek. Analysis of the Creek found no evidence of human fecal matter so the Watershed District is not concerned in terms of the water resources. Staff is comfortable with the installation of additional septic systems in this neighborhood. Chairman Lauer opened the public hearing. There were no public comments. Chairman Lauer closed the public hearing. Motion by Commissioner Dybvig, seconded by Commissioner Hansen, to recommend that the City Council approve Case No. 2019-49, Zoning Map Amendment to rezone certain properties to RR-Rural Residential. Motion passed 5-0. UNFINISHED BUSINESS Planning Commission September 25, 2019 Page 4 of 4 There was no unfinished business. NEW BUSINESS There was no new business. OTHER ITEMS OF DISCUSSION There were no other items of discussion. FYI STAFF UPDATES City Planner Wittman informed the Commission that the 2040 Comprehensive Plan has passed through the Met Council’s Community Development Commission, which makes a recommendation of approval to the full Met Council Board. A Met Council Board vote is set for October 7. Commissioner Hade brought up the Met Council’s performance in regard to transportation issues. Stillwater does not have a direct bus route to Minneapolis, the number of buses to Stillwater has been reduced and the double buses eliminated for the Stillwater route. An express bus with a park n ride should be considered. It seems like the east metro is being ignored. Ms. Wittman said in two weeks City staff will meet with Metro Transit to share community concerns including priorities for bus service expansion in Stillwater. Commissioner Hansen remarked that double buses should not be used in downtown Stillwater because of tight corners. It causes traffic delays when they get stuck. ADJOURNMENT Motion by Commissioner Hansen, seconded by Commissioner Hade, to adjourn the meeting at 8:10 p.m. All in favor, 5-0. Respectfully Submitted, Julie Kink Recording Secretary