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HomeMy WebLinkAbout2019-11-27 CPC MINS PLANNING COMMISSION MEETING MINUTES November 27, 2019 REGULAR MEETING 7:00 P.M. Chairman Lauer called the meeting to order at 7:01 p.m. Present: Chairman Lauer, Commissioners Hansen, Kocon, Meyhoff; Councilmember Collins Absent: Commissioners Hade and Dybvig Staff: City Planner Wittman APPROVAL OF MINUTES Possible approval of minutes of October 23, 2019 regular meeting Motion by Commissioner Hansen, seconded by Commissioner Meyhoff, to approve the minutes of the October 23, 2019 meeting. Motion passed 5-0. OPEN FORUM There were no public comments. PUBLIC HEARINGS Case No. 2019-46: Consideration of a 20”-36” Variance to allow for a sign to project 20-36” higher than the structure’s parapet. Property located at 1400 (1570) Frontage Road West. Alon Ventura representing Valley Ridge Holdings, LLC, property owner and Gordon Skamser Jr., applicant. Ms. Wittman stated that Gordon Skamser Jr. is requesting a variance to allow for the Norman Quacks sign to project higher than the parapet line of the wall and to rise greater than 20 feet as measured from the base of the building. The installation of a sign above the parapet, greater than 20’ in height, where the sign obscures an architectural feature, sets a precedent for this and adjacent properties. Staff finds the requested variance is not in harmony with the general purpose and intent of the zoning code, is not consistent with the Comprehensive Plan, nor has practical difficulty been established. Therefore, staff recommends denial of the application. Franny Skamser Lewis, applicant, said they hired a sign professional and were under the impression that everything was being transacted as it ought to be. When they became aware that it was not approved, they began working diligently to resolve the problem. The sign initially cost $20,000 and it would cost $15,000 to alter it to a less interesting presentation of their brand. The pergola is permanently attached to the building, so to move the sign down further, they would have to either remove the pergola or take off the bottom part of the sign. They love the sign, have gotten great feedback from the community, and have signed a long-term lease. They feel the scale of the sign is right for the space. They understand that a variance is not likely to be approved, and feel their best path forward is to bring the case to the City Council. Chairman Lauer opened the public hearing. There were no public comments. Chairman Lauer closed the public hearing. Commissioner Hansen remarked that a lot of time and energy has gone into ordinances that regulate signs. The sign does not fit in with anything else in the building especially with the height. He does Planning Commission November 27, 2019 Page 2 of 8 not support the variance because it sets a precedent for other businesses. Commissioner Kocon and Chairman Lauer agreed. Motion by Commissioner Meyhoff, seconded by Commissioner Kocon, to deny Case No. 2019-46, Variance to allow for a sign to project 20-36” higher than the structure’s parapet on the property located at 1400 (1570) Frontage Road West. Motion passed 5-0. Case No. 2019-52: Consideration of a Conditional Use Permit amendment and associated variance to build a community building within a residential apartment complex located at 14810 62nd Street North in the RCM district. David Walter representing Heartland Realty Investors, property owners and Susan Nackers Ludwig representing LNA Design, applicant. Ms. Wittman reviewed the case. Heartland Realty Investors would like to construct a 1,045 square foot community building near the southeast corner of the property to house the manager’s office and community classroom space. The proposed building will require the relocation of an existing trash enclosure facility to a location near the northeast corner of the property. The applicant has requested a Special Use Permit amendment and associated lot coverage variance. The applicant does not have to go to the watershed district for review because that will be done through the City’s review process. Staff has determined the proposed use to be in substantial conformance to the zoning code. The property owner has established practical difficulty in compliance with the regulations pertaining to maximum lot coverage. Therefore, staff recommends approval of the amendment and variance with seven conditions. Susan Nackers Ludwig, applicant, explained that accessibility is a main reason why the proposed location was chosen. Construction should begin in spring 2020. Chairman Lauer opened the public hearing. There were no public comments. Chairman Lauer closed the public hearing. Motion by Commissioner Kocon, seconded by Commissioner Meyhoff, to approve Case No. 2019-52, Conditional Use Permit amendment and associated variance to build a community building within a residential apartment complex for the property located at 14810 62nd Street North, with the seven conditions recommended by staff. Motion passed 5-0. Case No. 2019-55: Consideration of a Variance to the minimum lot size for a two family residence. Property located at 423 Laurel Street West in the RB district. Judith Kalbrener, property owner. Ms. Wittman stated that in 2016, the property owner got a building permit and refinished the basement, installing a bathroom and a wet bar. During this process, staff informed the property owner that the basement must remain connected to the main house and the two floors must remain a single unit due to the lot size being below the required minimum size for a two-family dwelling. In August 2019, the Planning Department received a complaint regarding the property functioning as a two-family house with the tenant living in the basement portion of the house. A letter was sent to the property owner requesting that she reconvert the house into a single dwelling unit. The property is now requesting a 4,644 square foot variance to the minimum lot area for a two-family dwelling, to allow for a two-family residence on a 5,356 square foot lot, where a 10,000 square foot lot is the minimum area required. One letter of support and one letter in opposition were received. Staff recommends denial of a variance to the minimum lot area required for a two-family residence based on the facts that: 1) the lot is roughly half the square footage required for a two-family residence; 2) it was put forth to the property owner during the basement renovation that this must remain a single residence, and this variance was only initiated because a notice of violation was sent to the property owner following a complaint. Therefore, it is the Planning Department’s concern that granting this variance would set a precedent that encourages property owners to violate code under the assumption that if they get caught, they simply need to apply for a variance to “make it right.” Planning Commission November 27, 2019 Page 3 of 8 Commissioner Hansen asked if there is a way to add a condition on this variance that upon the sale of the home, it must be made back into a single family residence. Ms. Wittman said she did not think so, but could not confirm without legal counsel. Use permits run with the land. However, the Commission may initiate revocation if it becomes a problem. Commissioner Hansen asked Ms. Wittman to explain the difference between a Short Term Home Rental, if the homeowner had applied for a STHR permit, and having a long-term tenant. Ms. Wittman clarified that STHR is less than 30 days. The City does not have a licensing program for long term rentals greater than 30 days. Commissioner Kocon asked how the situation differs from intergenerational housing, for instance a mother-in-law apartment, and if that would require the same lot size. Ms. Wittman explained if the units are separate, the lot size must meet the 10,000 square foot two- family requirement. Properties may have two kitchens, two living rooms, two bathrooms and so on, and as long as there is free access between them, City staff interprets them as a single residence. The difference with this case is that there is a separation between the two living units and no access between them. Judith Kalbrener, applicant, said she is a realtor in Hawaii and uses the house in the summer when she returns to Stillwater. She likes having someone living there so it is not vacant. She would not be interested in using it as a short term home rental. Chairman Lauer opened the public hearing. Curtis Hudak, 817 Mulberry Street West, said he and his wife check on the property regularly for Ms. Kalbrener. Had there not been a tenant in the house last year, the damage from a broken pipe would have been extraordinary. The property is in better shape with someone living in the house. Chairman Lauer closed the public hearing. Commissioner Kocon noted that minimum lot size is important and the lot is tight for even a single family home. Chairman Lauer reopened the public hearing. Ms. Kalbrener stated it’s a bedroom and bath studio downstairs, it’s not an apartment. It would be tight to have more than one person living there. She views it like renting a bedroom in her house so somebody is there when she is not there. Commissioner Hansen asked what has been done to close off the lower level from the upper level. Ms. Kalbrener replied it’s a locked door. Commissioner Hansen responded that the property does not support a duplex, but he does not think it needs to. If the door is removed then there is not a problem. He too would prefer to have somebody living there full time. The Commission needs to figure out a way to make it compliant with City ordinances. He is not in favor of the variance for a duplex but highly recommends that the property owner remove the door and speak with Ms. Wittman to figure out a workaround. Chairman Lauer commented that the City told the applicant she could not create a duplex, and then she did so. Motion by Commissioner Hansen, seconded by Councilmember Kocon, to deny Case No. 2019-55, Variance to the minimum lot size for a two family residence on the property located at 423 Laurel Street West. Motion passed 5-0. Planning Commission November 27, 2019 Page 4 of 8 Ms. Wittman stated that any action by the Commission is appealable to the City Council within 10 days of this hearing. Case No. 2019-58: Consideration of a Conditional Use Permit and Zoning Text Amendment to allow a school within the BP-I district. Property located at 1835 Northwestern Avenue. Wild River Office Park LLC, property owner and Paul Loomis, applicant. City Planner Wittman explained that Chesterton Academy, a Catholic high school, has applied for a zoning text amendment to allow the vacant office building at 1835 Northwestern Avenue to be used as a school. The property is zoned BP-I, Business Park-Industrial. Though schools are allowed in the BP-O Zoning District across the street, schools are not allowed in the BP-I Zoning District. Therefore, Chesterton Academy is requesting that the City amend its zoning code to allow schools by Conditional Use Permit (CUP) in the BP-I District. They are concurrently asking for a CUP in the case that the City were to approve the requested zoning code amendment. City staff finds that the continued conversion of industrially zoned property to non-industrial uses is poor practice and inconsistent with the Comprehensive Plan. If the City believes that the proposed high school is an acceptable use at 1835 Northwestern Avenue, then a better practice would be to amend the future land use map of the Comprehensive Plan and rezone the property and surrounding properties to BP- O. Therefore, staff recommends that the Commission recommend that the City Council deny the request for a zoning text amendment. The Commission may act on the CUP or defer to the Council on that application as well. Commissioner Kocon asked about after school athletics and activities which are noted as offerings in the school’s information, yet the staff report notes there will be no athletics at this location. Larry Keller, a Stillwater resident and Chesterton Academy parent, replied that the school will cooperate with other schools for athletic activities. He explained the criteria used in seeking a location: safety, east metro location, a building they could grow into, an area to hold daily Mass, and cost. This building meets all the requirements. He and the realtor assumed this building was zoned BP-O because of the building mass and the types of buildings around it. Nowhere adjacent to this location is there a hint of industrial business. The building has always been used as an office space since it was built in 1985. Industrial zoning is inconsistent with the history and current use of the area. A lease has been signed, with Chesterton Academy moving in May 1, 2020. Paul Loomis, Chair of Chesterton Academy of the St. Croix Valley Board of Directors, who has two children attending the school, explained the school’s approach to instruction and curriculum. This would be the first Catholic high school in the City of Stillwater. Chairman Lauer opened the public hearing. Roger Kuehn, owner of the building, spoke in support of the request. He pointed out all the nearby education, health and office uses. Logan Connolly, 3197 69th Street East Inver Grove Heights, Prefect President of the Student Body, spoke in support of the request. Father Michael Isen, St. Michael’s and St. Mary’s Church, stated Chesterton Academy would bring new people and new business to the City. John Florin, 2171 Grafton, Oakdale, the business administrator at the Church of the Blessed Sacrament where Chesterton Academy has been for the last three years and parent of two Chesterton graduates, voiced support for the school. Nathan Metzinger, 6841 Lydia Alcove, Woodbury, parent of two graduates and current students, spoke in support of the application. Planning Commission November 27, 2019 Page 5 of 8 Brad and Beth Tressell, 404 Manger Street, West St. Paul, parents of a student, said the school would be an economic boon to the Stillwater area. It is a great location and perfect space. Father Robert Gravener, Assistant Pastor at St. Augustine and Holy Trinity in St. Paul, former sheriff deputy, said he has seen Chesterton students mature and develop character. Dave Beskar, 1230 Dodd Road, Mendota Heights, Chesterton Academy Headmaster, shared that Chesterton is a family-led school that would be great for the local community. Chairman Lauer closed the public hearing. He noted the large amount of support for the school. He likes the idea of having a Catholic high school in Stillwater. He acknowledged the question of erosion of tax base by having a nonprofit in an industrial zone, but feels that may be offset by those coming into the City who will use local businesses. Commissioner Kocon spoke to the value of a private school education. The issue is with the land use consistency. Industrially zoned property is the biggest tax generator. This is an issue that needs to be addressed. Staff is recommending denial not because this is a bad idea but because it should be enabled in a better way. He is compelled to follow the staff recommendation. Commissioner Hansen acknowledged there is no question the school would be a positive addition to Stillwater, the question is, is this a good spot for it? Whether there is actually a lot of industry or not, it’s important to have industrially zoned land available because that is how the City attracts industrial users. It ’s great to have parents, students and faculty spend money in the community but if the City doesn’t have a higher tax base in that area then it must raise taxes on those other businesses. There are uses there that have semis, delivery trucks, traffic, big machinery that aren’t complementary to schools. The school may be a better use for the property than an industrial use, but that is not what it is zoned for. He ultimately supports the school in that location, but it needs to be addressed in a way that’s more than just allowing for schools in this zone and granting a CUP for this school. It needs to be addressed at a higher level. Commissioner Kocon noted that Community Development Director Turnblad has provided guidance. He supports the idea, but denial of the application. He feels the City should rezone rather than adopt a zoning text amendment. Ms. Wittman informed the Commission that rezoning of the property would require another public hearing and take another 30-60 days. State law doesn’t allow spot zoning, so rezoning this parcel alone to BP-O cannot occur, the City would need to consider all the surrounding parcels. Within nine months, the City will be reviewing all zones for consistency with the Comprehensive Plan. Commissioner Hansen reiterated that he does not want to see schools in industrial zones. He would prefer that the property be rezoned so the school could be in that location. Commissioner Kocon suggested deferring the case to the City Council. Chairman Lauer re-opened the public hearing. Mr. Loomis clarified that if the Commission prefers, they would be happy to take the issue to the City Council to ease the burden on the Commission. Mr. Keller added they are faced with the issue of recruitment and need to secure a location so the families know where the school will be. They would like an answer as quickly as possible. Motion by Commissioner Hansen, seconded by Commissioner Kocon, to pass along to the City Council Case No. 2019-58, Conditional Use Permit and Zoning Text Amendment to allow a school within the BP-I district for the property located at 1835 Northwestern Avenue, with neither a recommendation of Planning Commission November 27, 2019 Page 6 of 8 approval nor denial, adding that a majority of the Commission are in favor of a school being in this building but are not in favor of a zoning text amendment for the BP-I district. Motion passed 5-0. Case No. 2019-59: Consideration of a Conditional Use Permit to operate a Type C Short Term Home Rental at the property located at 301 Myrtle Street West in the RCM district. Ryan and Emily Bretzel, property owners. City Planner Wittman stated that Ryan and Emily Bretzel have applied for a Conditional Use Permit (CUP) for a Type C STHR. The STHR 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 of the community. Therefore, staff recommends approval of the CUP with 12 conditions. Ryan and Emily Bretzel said they bought the property with the intent of using it as a STHR. It borders a commercial area and is a good use for the property. Chairman Lauer opened the public hearing. There were no public comments. The public hearing was closed. Motion by Chairman Lauer, seconded by Councilmember Collins, to approve Case No. 2019-59, Conditional Use Permit to operate a Type C Short Term Home Rental at the property located at 301 Myrtle Street West, with the 12 staff-recommended conditions, modifying Condition #3 to seven guests. Motion passed 5-0. Case No. 2019-60: Consideration of a Special Use Permit to operate a distillery and tap room at the property located at 223 Main Street North. Minnesota’s Wine Growers Co, Stephen Watkin, representative, and Christie Wanderer and Andrew Mosiman, applicants. City Planner Wittman stated that Christie Wanderer and Andrew Mosiman of Forge and Foundry Distillery would like to operate a distillery and tasting room at 223 Main Street North, formerly used as Northern Vineyards Winery. Their operations include an approximately 2,250 square foot production, warehouse and storage space, an approximately 1,100 square foot tasting room, 1,150 square foot, second-story office and storage space, and a 195 square foot, second story outdoor dining area. For reasons unknown, Northern Vineyards Winery never obtained a Use Permit for their operations. The applicants are requesting a Special Use Permit for a distillery and a Special Use Permit for a tasting room to include outdoor seating, including a future first-level patio in the rear of the building. A letter from adjacent property owner Tom Wortman was received, voicing concern about the smell. 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 of the community. Therefore, staff recommends approval of the Special Use Permit with 10 conditions. Andrew Mosiman, applicant, said they plan to seal the brick walls so there will be no more smell than was generated by the previous winery. Chairman Lauer opened the public hearing. There were no public comments. The public hearing was closed. Motion by Commissioner Kocon, seconded by Commissioner Meyhoff, to approve Case No. 2019-60, Special Use Permit to operate a distillery and tap room at the property located at 223 Main Street North, with the 10 staff-recommended conditions. Motion passed 5-0. Case No. 2019-62: Consideration of a Special Use Permit to operate a restaurant and for a graphic design sign at 218 Main Street North. Michael Lynskey Jr., and Lee Bjerk, property owners, and Dariush and Sarah Moslemi, applicants. Planning Commission November 27, 2019 Page 7 of 8 City Planner Wittman stated that Dariush Moslemi, owner of Rusty Mile, LLC, is requesting a Special Use Permit to operate a restaurant at 218 Main Street North. The applicant is proposing an interior remodeling on the first floor, to combine the two units into a single unit that will operate as a restaurant. The second floor will remain offices. The property has access both from Main Street and the alley on the south side of the building. A new door at the back of the building will be installed for deliveries. Off of the alley, in the rear, is a nose-in parking area that will accommodate six vehicles. Building changes include: a new rooftop HVAC system; new rear-faced delivery door; a hood ventilation exhaust on the south elevation; combining the two interior spaces into one unit; replacement of the existing signage and installation of a graphic design sign on the south elevation. The applicant is requesting: 1) a Special Use Permit for a new restaurant; and 2) a Special Use Permit for a graphic design sign (i.e. a mural). Staff finds that the proposed use is in conformance with the requirements and 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 of the community. Therefore, staff recommends the approval of a Special Use Permit with eight conditions. Dariush Moslemi, applicant, informed the Commission that trash can be stored inside. The grease hood protruding from the wall will be incorporated into a mural as suggested by the Heritage Preservation Commission. 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. 2019-62, Special Use Permit to operate a restaurant, and for a graphic design sign at 218 Main Street North, with the eight 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 2020 Meeting Calendar Because of the Thanksgiving and Christmas weeks/weekends, the dates of the November and December, 2020 meetings were changed to: Thursday, November 19 and Thursday, December 17. FYI STAFF UPDATES There were no staff updates. ADJOURNMENT Motion by Commissioner Hansen, seconded by Commissioner Kocon, to adjourn the meeting at 9:17 p.m. All in favor, 5-0. Chris Lauer, Chair ATTEST: Abbi Wittman, City Planner