HomeMy WebLinkAbout2020-01-22 CPC MIN
PLANNING COMMISSION MEETING MINUTES
January 22, 2020
REGULAR MEETING 7:00 P.M.
Chairman Lauer called the meeting to order at 7:04 p.m.
Present: Chairman Lauer, Commissioners Dybvig, Hade, Meyhoff; Councilmember Collins
Absent: Commissioners Hansen and Kocon
Staff: City Planner Wittman
APPROVAL OF MINUTES
Possible approval of minutes of December 19, 2019 regular meeting
Motion by Commissioner Dybvig, seconded by Councilmember Collins, to approve the minutes of the
December 19, 2019 meeting. Motion passed 4-0-1 with Commissioner Hade abstaining.
OPEN FORUM
There were no public comments.
CONSENT AGENDA
There were no items on the Consent Agenda.
PUBLIC HEARINGS
Case No. 2019-69: Consideration of Special Use Permit amendment for the property located at 123 2nd
St N. Judd Sather representing Frederick Real Estate Group, LLC, property owner.
Ms. Wittman stated that one of the conditions that appears in the Special Use Permit and
amendments for the building at 123 2nd Street North is that all trash containers must be stored
indoors. However, over the course of the past year, property owners and business owners on Main
and 2nd Street North adjacent to the alley between Myrtle and Commercial Street have organized to
clean up the alley. A proposal to consolidate the dozen-plus trash and recycling containers in the
alley, with a business cooperative utilizing two sets of trash and recycling roll-off containers and one
grease trap, has been proposed to the City Council (as these facilities would be located on public
land). The consortium has worked with a licensed trash hauler to pick up the trash, four times a
week, and bill the businesses an agreed percentage based on current use. Businesses in the building
at 123 2nd Street North would like to utilize this cooperative trash program. The applicant hopes the
Planning Commission will allow his Special Use Permits to be amended again by allowing him and
his tenants to participate in the cooperative trash program. Staff recommends approving the Use
Permit amendment request by adding a new condition of approval.
Chairman Lauer asked if there would be more frequent trash pickups based on the cooperative.
Ms. Wittman confirmed that the cooperative would have four times weekly and Saturday pickups.
There would be a total of four larger bins, two for recycling and two for trash, plus a grease trap. The
Council has approved the City entering agreements with the property owners pending the approval
of the building at 123 Second Street South to enter the program.
Planning Commission January 22, 2020
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Chairman Lauer opened the public hearing. There were no public comments. Chairman Lauer closed
the public hearing.
Commissioner Dybvig said he would like a minor amendment to the condition to state “City-
approved” agreement.
Motion by Commissioner Dybvig, seconded by Commissioner Meyhoff, to approve Case No. 2019-69,
Special Use Permit amendment for the property located at 123 2nd St N, with the one staff-
recommended condition and adding the words “City-approved agreement.” Motion passed 5-0.
Case No. 2019-70: Consideration of a Variance for the minimum width lot depth for the property
located 7960 Minar Ave N. Jeffrey and Patricia Pratt, property owners.
Ms. Wittman reviewed the case. Jeffrey and Patricia Pratt have submitted a request to subdivide their
2.50 acre homestead lot at 7960 Minar Avenue North into two lots. As the property has been
previously platted, a request for a resubdivision is not required to be heard by the Planning
Commission. However, the depth of one of the lots does not meet minimum requirements. So, the
Planning Commission must hear the request for a Variance of 48’ to the minimum 300’ minimum lot
depth requirement in the RR – Rural Residential zoning district. Staff finds that the applicant has
established practical difficulty and the request conforms to the standards set forth for the issuance of
variances and recommends approval of a 48’ variance to the 300’ minimum lot depth for the future
subdivision, which would be acted upon by the City Council.
Chairman Lauer pointed out that the motivation to split a lot would be an economic consideration.
Ms. Wittman confirmed that staff has determined that there are other unique circumstances to the
property. The economic consideration is not the reason for the zoning code restriction.
Commissioner Hade noted that the applicant had the intent to split the lot before they were annexed
into the City, correct?
City Planner Wittman said yes.
Commissioner Dybvig asked if City utilities are extended to these lots.
Ms. Wittman replied no but the applicants have received approval from the Water Department to
drill a well and have worked with Washington County Health and Environment and determined they
have land area sufficient to put another septic drain field on the adjacent property. The resubdivision
request would not have been accepted without those.
Jeff Pratt, applicant, stated without the property line as proposed, it would result in an awkward
looking lot and they would have to redo the drain field.
Chairman Lauer opened the public hearing. There were no public comments. Chairman Lauer closed
the public hearing.
Motion by Commissioner Hade, seconded by Commissioner Dybvig, to approve Case No. 2019-70,
Variance for the minimum width lot depth for the property located 7960 Minar Ave N. Motion passed 5-
0.
Case No. 2019-72: Consideration of a Special Use Permit for a coffee shop on the property located at
209 Main St S. Happy Bridge, property owner and Michael Herman, applicant.
Ms. Wittman stated that Michael Herman is planning to lease 209 Main Street South for use as a
coffee shop and electric bike rental shop. The second floor of the building will continue to be used as
vacation rental space. There is projected to be a three-parking space difference in load between the
former use and this use, so no parking mitigation is required. Staff finds that with certain conditions,
Planning Commission January 22, 2020
Page 3 of 4
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 nuisance or detriment to the
public welfare of the community. Therefore, staff recommends approval of the Special Use Permit
with six conditions.
Councilmember Collins asked about the parking spaces required.
City Planner Wittman responded that only use changes that result in four or more additional spaces
being required must have a parking mitigation plan. This use change will not require a parking
mitigation plan.
Chairman Lauer opened the public hearing. There were no public comments. Chairman Lauer closed
the public hearing.
Motion by Commissioner Dybvig, seconded by Councilmember Meyhoff, to approve Case No. 2019-
72, Special Use Permit for a coffee shop on the property located at 209 Main St S with the six staff-
recommended conditions. Motion passed 5-0.
Case No. 2019-73: Consideration of a Variance to build a garage exceeding 1000 sf on the property
located at 615 Broadway St S. Reid and Julie Miller, property owners.
City Planner Wittman explained that the property owners are proposing to construct a 1,060 sf
garage. The construction of this house, along with a garage, was approved by the Heritage
Preservation Commission with the three car garage as requested. Originally the approved design was
permitted by the Building Inspections department for a 650 square foot 2-car garage, however the
applicant is now proposing to build a 1,060 sf garage, approximately 60% of which will be tucked
under the backside of the house. There is currently a porte-cochere (drive through “carport”) over the
driveway, which is used as a drop-off area. The City has taken the opinion that this 298 sf structure
is an accessory (garage) structure and is included in the tallying of the total coverage of accessory
buildings. Therefore, the City holds the view that adding a 1,060 sf garage will bring the total lot
coverage of accessory buildings to 1,358. Conversely, it has been put forth by the applicants that
because this building will not be used to store vehicles (or anything else) and is just a drop off
location, it should not be considered in the total count of accessory building square footage. A 358 sf
variance to the 1,000 sf maximum accessory structure coverage is being requested, to construct a
1,060 square foot garage and a 298 sf porte-cochere, for a total accessory structure coverage of 1,358
sf. It is important to note that the applicants are trying to the best of their ability to tuck the garage
behind the home to retain the character of the neighborhood. Staff finds that the applicant has
established practical difficulty and recommends approval of a variance to allow a 1,060 sf side-
loaded, attached garage. If the variance as requested is approved, staff recommends that three
conditions be imposed.
Commissioner Dybvig commented whether or not it is an accessory dwelling, it comes down to the
roof because what the City is trying to mitigate is impervious surface. He asked how the lot coverage
is affected.
Ms. Wittman explained that 25% of the lot may be covered by structures. This would be considered
structural coverage but the applicants are still under the maximum allowable impervious surface
percentage due to the large lot size.
Ms. Miller introduced Todd Anderson, builder and John Kirk, architect, to answer any questions.
Chairman Lauer opened the public hearing. There were no public comments. Chairman Lauer closed
the public hearing.
Planning Commission January 22, 2020
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Motion by Commissioner Dybvig, seconded by Chairman Lauer, to approve Case No. 2019-73, 60’
Variance to build a three-stall garage exceeding 1000 sf on the property located at 615 Broadway St S,
in addition to the 298 sf port cochere, with the three conditions recommended by staff. Motion passed 5-
0.
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
Ms. Wittman informed the Commission that the Norman Quack’s sign denial was appealed to the
City Council and the Council overturned the Planning Commission and Heritage Preservation
Commission’s denial. It was a split vote with Councilmembers Collins and Junker voting against
overturning the denial.
ADJOURNMENT
Motion by Commissioner Meyhoff, seconded by Commissioner Hade, to adjourn the meeting at 7:47
p.m. All in favor, 5-0.
Chris Lauer, Chair
ATTEST:
Abbi Wittman, City Planner