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HomeMy WebLinkAbout2019-10-23 CPC MINS PLANNING COMMISSION MEETING MINUTES October 23, 2019 REGULAR MEETING 7:00 P.M. Chairman Lauer called the meeting to order at 7:00 p.m. Present: Chairman Lauer, Commissioners Dybvig, Hansen, Kocon, Meyhoff; Councilmember Collins Absent: Commissioner Hade Staff: City Planner Wittman APPROVAL OF MINUTES Possible approval of minutes of September 25, 2019 regular meeting Motion by Commissioner Hansen, seconded by Commissioner Dybvig, to approve the minutes of the September 25, 2019 meeting. Motion passed 5-0-1 with Commissioner Kocon abstaining. OPEN FORUM There were no public comments. PUBLIC HEARINGS Chairman Lauer noted that the following public hearings would not take place at this meeting: Case No. 2019-46, 20”-36” Variance to allow for a sign to project 20-36” higher than the structure’s parapet for the property located at 1400 (1570) Frontage Rd W (tabled per applicant’s request); Case No. 2019-51, Conditional Use Permit to operate a Type C Short Term Home Rental at 1336 2nd Ave S (withdrawn per applicant’s request); and Case No. 2019-52, Conditional Use Permit to build a community center within a residential apartment complex for the property located at 14810 62nd St N (tabled per applicant’s request). Case No. 2019-50: Consideration of a Conditional Use Permit to operate a Type C Short Term Home Rental at 413 Nelson St. Property located in the CBD district. Michael McGuire, property owner and John McGuire, applicant. Ms. Wittman stated that Michael McGuire, owner of the historic Commander Elevator building at 413 Nelson Street East, would like to utilize a portion of the property as a Type C Short Term Home Rental (STHR) for two separate apartments, one of which has not yet been built out as a living unit. Staff finds that with certain conditions, the new residence and STHRs 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 nuisance or detriment to the public welfare. Therefore, staff recommends approval of the CUP with 15 conditions. Mike McGuire, applicant, commented that while the historic and aesthetic importance of the elevator is well known, most people know the structure only from the outside. It is very interesting inside because of its construction style. It was built around 1900. Chairman Lauer opened the public hearing. There were no public comments. Chairman Lauer closed the public hearing. Planning Commission October 23, 2019 Page 2 of 5 Motion by Commissioner Kocon, seconded by Commissioner Meyhoff, to approve Case No. 2019-50, Conditional Use Permit to operate a Type C Short Term Home Rental at 413 Nelson St, with the 15 staff-recommended conditions. Motion passed 6-0. Case No. 2019-53: Consideration of a Variance to the exterior side yard setback, maximum allowed structural coverage, maximum accessory structural coverage and total ground coverage of accessory buildings in order to build an addition on the rear of the home located at 125 Sherburne St N, in the RB District. Brian and Sundi Dobson, property owners. Ms. Wittman reviewed the case. The applicants propose to construct an addition on the rear of the home and convert the one car garage into a two car garage. The project will require four variances: 1) a 16.7 foot variance to the exterior side yard lot line, to allow for the house to have a setback of 3.3 feet from the exterior side yard lot line, where a 20 foot exterior side yard setback is required; 2) a 13.73% variance to the structural lot coverage, to allow for the structural lot coverage to be 38.73%, where the maximum structural lot coverage is 25%; 3) a 454 foot variance to accessory building lot coverage, to allow for 996 square feet of accessory building lot coverage, where the maximum allowed is 542 square feet (10% of lot size); and 4) a 108 foot variance to the total ground coverage of accessory buildings, to allow for 996 square feet of total ground coverage for accessory buildings, when 888 square feet is allowed (footprint of the primary structure). Staff recommends approval of the variance to the exterior side yard setback, the structural lot coverage, the accessory building lot coverage and the total ground coverage of accessory buildings. However, staff recommends that the variance be modified to require that the second story of the addition be set back two feet from the lower story (garage) to reduce the mass and potential garage-dominance. Staff recommends that if the variance is approved, five conditions be imposed. Commissioner Kocon asked if the existing shed is removed, would they still need a variance to the total lot coverage? Ms. Wittman answered that the owners indicated that the shed will be removed but they still would like to preserve the option to have a shed on the property. They are already over on lot coverage so any improvement would require a variance. Sundi Dobson, applicant, said they would be willing to remove the existing shed. 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. 2019-53, a Variance to the exterior side yard setback, maximum allowed structural coverage, maximum accessory structural coverage and total ground coverage of accessory buildings in order to build an addition on the rear of the home located at 125 Sherburne St N, with the five staff-recommended conditions, adding Condition #6 stating that the second story of the addition will be set back two feet from the front face of the garage; Condition #7 stating that the existing two-story, 136 square foot accessory structure will be removed; and Condition #8 stating that no new accessory structure shall be permitted without first being reviewed and approval by City staff for conformance with the Zoning Code. Motion passed 6-0. Case No. 2019-54: Consideration of a Special Use Permit to construct a garage with an accessory dwelling unit on the property located at 303 Olive St W in the RB district. Todd and Jennifer Englund, property owners. Ms. Wittman stated that the applicants are planning to remove the existing accessory structures and build a 998 square foot garage with a 765 square foot living space above. In order for accessory structures to contain habitable area, they must be constructed as Accessory Dwelling Units (ADUs), allowed in RB – Two Family residential zoning by Special Use Permit. The applicants are Planning Commission October 23, 2019 Page 3 of 5 requesting: 1) a Special Use Permit to construct an ADU above a new garage; and 2) a 198 square foot variance to the maximum 800 square foot garage size for an ADU. Written comments were received from neighbors Jeff and Deb Johnson at 309 S Fifth St in support of the ADU and variance. Staff finds the proposed garage and ADU meets the Special Use Permit provisions and the standards set forth for the issuance of a variance, and therefore recommends approval of the Special Use Permit and associated variance with seven conditions. Commissioner Kocon noted that in their letter, the applicants stated they will be taking down their existing accessory structures. Should this be a condition? Ms. Wittman responded that they are only permitted to have two accessory structures so they will have to remove them. Todd Englund, applicant, added that they hope to remove the existing structures after the new construction so they have a place to put things. They are considering constructing a breezeway between the two buildings but they have not yet included this in the plans. Ms. Wittman noted that the City has allowed property owners to keep a garage in place but asks for escrow up front to ensure demolition if the owner does not demolish the structure. As long as it conforms to the zoning district setbacks, there should not be an issue with a breezeway unless it becomes living space. Commissioner Kocon pointed out, if there is a breezeway connecting the home to the garage then it is no longer an ADU, it is an attached garage. Ms. Wittman clarified that, if the living spaces are separated by a door, they are considered separate units. The applicants don’t really want an ADU, they want a place for kids to play, but staff is trying to legitimize the use and give them the option as they finalize their plans. Chairman Lauer opened the public hearing. Jeff Johnson, 309 S Fifth St, voiced support for the application. He would like to ensure that the elevation facing Olive St has additional windows proportioned and styled to look like the house. He noted this is a condition of approval and agreed to by the Englunds. Judy Lacy, 318 W Olive St, said questioned why the exterior wooden staircase is needed. She would not mind if it turns into a rental unit but she feels the garage will be built too close to Olive St. Since they are going to tear down the other garage and the storage building they could push it back so it is not so far forward on the lot. As proposed, it will be too crowded and aesthetically unpleasing. Chairman Lauer closed the public hearing. Commissioner Kocon noted that the proposed garage is flush with the south side of the house which does not face Olive St. He is not concerned about the wooden staircase. Commissioner Hansen commented that the location of the garage is not what is prompting the need for a variance; the variance is to the square footage of the ADU. He feels it’s ridiculous that this must be called an ADU to get useable space over a garage. He supports the application. Motion by Commissioner Dybvig, seconded by Councilmember Collins, to approve Case No. 2019-54, Special Use Permit to construct a garage with an accessory dwelling unit on the property located at 303 Olive St W, with the seven staff-recommended conditions, modifying Condition #5 to include that additional windows shall be installed in a uniform pattern on the north façade to match the aesthetic of the primary residence. Motion passed 6-0. Planning Commission October 23, 2019 Page 4 of 5 Case No. 2019-56: Consideration of a Zoning Text Amendment and Special Use Permit to allow Dog Training Facilities to operate within the BP-I district by SUP. Property located at 1815 Greeley St S Unit 3. Michael McGrath, property owner and Therese Stoebner, applicant. City Planner Wittman explained that the applicant would like to lease the unit on the north side of the building at 1815 South Greeley Street for an indoor dog training facility. It will include outdoor scent training by one leashed dog at a time. If changes to the exterior site plan are desired (such as installation of agility training features), an amendment will be required. All dogs would be accompanied by their owners or handlers and there would be no boarding offered. No zoning district in the City specifically allows a dog training facility. So, Ms. Stoebner has requested a zoning text amendment (ZAT) that would allow the use by Conditional Use Permit in the BP-I District, and a Conditional Use Permit for a dog training facility, allowing retail sales of dog training products to clients enrolled in classes. Dog training facilities are not currently offered in Stillwater. The general community welfare is furthered by allowing a diversity of desirable uses and services within the community. Additionally, the proposed amendment is in general conformance with the principles, policies and land use designations set forth in the comprehensive plan. Therefore, staff recommends that the Planning Commission approve the SUP with eight conditions and forward a favorable recommendation of ordinance amendment approval to the City Council. Therese Stoebner, applicant, explained the proposed business. 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. 2019-56, SUP for a dog training facility for the property located at 1815 Greeley St S Unit 3 with the eight staff- recommended conditions, and to recommend that the City Council approve the Zoning Text Amendment to allow Dog Training Facilities to operate within the BP-I district by SUP, and. Motion passed 6-0. Case No. 2019-57: Consideration of a Special Use Permit to operate a Heritage Center and Variance from the minimum required side setback to allow an addition to accommodate a new entrance. Property located at 1862 Greeley St S in the BP-I district. Washington County Historical Society, property owners. Councilmember Collins recused himself from the discussion and vote and left the meeting. City Planner Wittman stated that the Washington County Historical Society plans to remodel the property at 1862 South Greeley Street for the Washington County Heritage Center. It will house exhibit galleries, a history research center, a classroom, staff offices and archival storage. The only change to the footprint of the existing building will be to add a 5701 square foot glassed entrance. The Historical Society is requesting approval of: 1) a Special Use Permit to operate the heritage center in the BP-I Zoning District; and 2) a side setback variance to allow the glassed entrance to be 18’ 3” from the side property line rather than 20’ as required. Staff recommends approval of the SUP and variance with ten conditions. Brent Peterson, Washington County Historical Society Executive Director, offered to answer questions. Chairman Lauer opened the public hearing. There were no public comments. The public hearing was closed. Motion by Commissioner Hansen, seconded by Commissioner Kocon, to approve Case No. 2019-57, Special Use Permit to operate a Heritage center and Variance from the minimum required side setback to allow an addition that will accommodate a new entrance for the property located at 1862 Greeley St S, with the ten staff-recommended conditions. Motion passed 5-0. Planning Commission October 23, 2019 Page 5 of 5 UNFINISHED BUSINESS 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 been approved by the Met Council and will be presented to the City Council on November 5. She provided the link to view: https://www.ci.stillwater.mn.us/2040compplan ADJOURNMENT Motion by Commissioner Hansen, seconded by Commissioner Kocon, to adjourn the meeting at 8:38 p.m. All in favor, 5-0. Respectfully Submitted, Julie Kink Recording Secretary