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HomeMy WebLinkAbout2019-12-19 CPC MIN PLANNING COMMISSION MEETING MINUTES December 19, 2019 REGULAR MEETING 7:00 P.M. Chairman Lauer called the meeting to order at 7:03 p.m. Present: Chairman Lauer, Commissioners Dybvig, Kocon, Meyhoff; Councilmember Collins Absent: Commissioners Hade and Hansen Staff: City Planner Wittman APPROVAL OF MINUTES Possible approval of minutes of November 27, 2019 regular meeting Motion by Commissioner Kocon, seconded by Commissioner Meyhoff, to approve the minutes of the November 27, 2019 meeting. Motion passed 4-0-1 with Commissioner Dybvig abstaining. OPEN FORUM There were no public comments. CONSENT AGENDA Resolution CPC 2019-01: Adopting Findings of Fact for CPC Case No. 2019-46 Motion by Commissioner Meyhoff, seconded by Commissioner Kocon, to adopt the Consent Agenda. Motion passed 5-0. PUBLIC HEARINGS Case No. 2019-63: Consideration of a Special Use Permit and Variance to operate the property as an event space. Property located at 217 2nd St N in the BD district. Midnight Real Estate, LLC, property owners. Ms. Wittman stated that during construction of the Hotel Crosby, Midnight Real Estate LLC used the property at 217 2nd Street North as a construction headquarters. After the opening of the hotel, the building was converted from the office space into a mixed use building for guests of the hotel to hold private events. The conversion included the installation of a 20.7’ by 30’ raised patio and asphalting the back (easterly) portion of the property. Neither the change in use nor the exterior improvements were approved in advance by the City. Hotel Crosby has applied for a Special Use Permit for a multi-use facility to include shared office space and private event rental space, including an outdoor patio; and a variance to the 80% maximum lot coverage to allow for 98.7% total lot coverage to allow for an above-grade patio and asphalt. With the exception of parking, the requirements set forth in City Code pertaining to the granting of a Special Use Permit can be met by conditionally approving the request. However, the request for the variance fails to meet the requirements necessary for the establishment of practical difficulty as the circumstances were a direct result of the owner’s conversion. That said, improving access to the building on the sloped site was necessary. The property owner should remove the encroachment on the property at 225 2nd Street North and develop the required 110 cubic feet of volume control area on the site. If this occurs, then a total of 96.5% of the site will be covered with impervious surfaces. This is more in Planning Commission December 19, 2019 Page 2 of 5 conformance to the Zoning Code and Comprehensive Plan. As a portion of the patio must be removed from the north side of the property, removal of an additional 3.5’ of the north side of the patio would be more conforming to the intent of the Zoning Code as it would allow for the possible installation of an infiltration area. This would create a 5’ buffer area between the building at 225 2nd Street North and the subject property as well as maintain approximately 3.5% of the lot as open area, helping capture some of the runoff from the subject property. However, staff is not recommending the City require a setback from the north property line. Comments from the neighbor were received stating they would not support anything being on their property. Staff recommends approval of a Special Use Permit for a multi-use facility to include shared office space and private event rental space with 14 conditions; and approval of a variance to allow for 96.5% maximum lot coverage on the site. Anne Loff, Midnight Real Estate LLC, stated that a portion of the patio lies within the easement but they are working on conformance and will not continue to block the easement area. Commissioner Dybvig asked about the timeline for a new plan to show how the patio will be moved, how much of the asphalt will be removed and where the drainage will be. Ms. Loff replied they do not think they will have to remove asphalt. There is an area on the other side of the patio that can meet the requirements of the infiltration. They have a couple of options for meetings those requirements. Chairman Lauer opened the public hearing. There were no public comments. Chairman Lauer closed the public hearing. Commissioner Dybvig commented that he would prefer to table the application until there are more detailed plans for the size and location of the patio and lift. Motion by Commissioner Dybvig to table Case No. 2019-63, Special Use Permit and Variance to operate the property at 217 2nd St N as an event space. Motion failed for lack of a second. Motion by Commissioner Kocon, seconded by Chairman Lauer, to approve Case No. 2019-63, Special Use Permit and Variance to operate the property at 217 2nd St N as an event space, with the 14 staff- recommended conditions. Motion passed 4-1 with Commissioner Dybvig voting nay. Case No. 2019-65: Consideration of a Variance to build a shed on the property located at 917 Hickory St W in the RB district. Mark Grey, property owner. Ms. Wittman reviewed the case. The applicant has installed a prefabricated, 10X20’ shed in the required front yard setback of the property. He is requesting a 30’ variance to the 30’ front yard setback to allow the 10’ x 12’ shed to remain. Staff recommends approval with three conditions. Chairman Lauer opened the public hearing. There were no public comments. Chairman Lauer closed the public hearing. Commissioner Dybvig pointed out there are two shed applications on the agenda. The other application has a condition that requires consistency of the style and trim with the existing house. He would like to add that condition to this application to get the color to match that of the house. Motion by Commissioner Dybvig, seconded by Commissioner Meyhoff, to approve Case No. 2019-65, Variance to build a shed on the property located at 917 Hickory St W, with the three conditions recommended by staff and adding Condition #4 that the siding and trim will be the same style and color as the existing structure. Motion passed 5-0. Case No. 2019-66: Consideration of Variances associated with building a 10x20 shed on the property located at 2355 Walnut Creek Dr W in the RA district. Lee and Amy Williams, property owners. Planning Commission December 19, 2019 Page 3 of 5 Ms. Wittman stated that in November 2019, the Planning Department fielded a complaint regarding a “large shed being built very close to the property line” at 2355 Walnut Creek Drive. A letter was sent to the property owner requesting that either the structure be removed or a variance be applied for. The property owner applied for a variance to the exterior side yard setback. Analysis of the property revealed that the property will also need variances for the maximum lot coverage and the maximum lot coverage of all accessory buildings. The applicant has applied for: 1) a 24.5 foot Variance to the exterior side yard setback to allow for a shed to be located 5.5 feet from the exterior side yard lot line, where as 30 feet is required; 2) a 437 square foot Variance to the maximum lot coverage to allow for 33.56% impervious surface coverage, where 30% is the maximum allowed coverage in this district; and 3) a 36 square foot Variance to the maximum lot coverage of all accessory buildings to allow for 1036 square feet of lot coverage by accessory buildings, where 1000 square feet is the maximum allowed lot coverage by accessory buildings in this district. Staff recommends approval of variances to the exterior side yard setback, maximum lot coverage and the maximum lot coverage of all accessory buildings, with five conditions. Commissioner Kocon asked how the right-of-way area came to be so large. Ms. Wittman replied Neal Avenue will be widened in 2020. The City has been acquiring ROW for many years to expand the roadway. The street project will make the building closer to the roadway, a hardship not created by the property owner. Commissioner Kocon commented that the shed appears very tall. He reminded the applicant this is an after-the-fact application. Amy Williams, applicant, stated they were unaware of the setback restrictions and believed they were in compliance. The shed appears tall because it is on a raised foundation to avoid runoff in the backyard. Chairman Lauer opened the public hearing. Ron Johnson, 2360 Walnut Creek Drive, spoke in support of the project, adding that the widening of Neal Avenue will still allow a buffer from the road and trail. Chairman Lauer closed the public hearing. Ms. Wittman noted that the City zoning code for the RA District states that an accessory structure should have a minimum setback of five feet. The code does not differentiate between interior and exterior sideyard so clarification is needed. Motion by Commissioner Kocon, seconded by Councilmember Dybvig, to approve Case No. 2019-66, Variances associated with building a 10x20 shed on the property located at 2355 Walnut Creek Dr W with the five staff-recommended conditions. Motion passed 5-0. Case No. 2019-67: Consideration of a Conditional Use Permit to operate a Short Term Home Rental at 1313 Martha St N in the RB district. Eric and Jerilyn Jackson, property owners. City Planner Wittman explained that the property owners have applied for a Conditional Use Permit (CUP) for a Type C Short Term Home Rental. 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. Chairman Lauer opened the public hearing. There were no public comments. Chairman Lauer closed the public hearing. Planning Commission December 19, 2019 Page 4 of 5 Motion by Commissioner Dybvig, seconded by Commissioner Kocon, to approve Case No. 2019-67, Conditional Use Permit to operate a Short Term Home Rental at 1313 Martha St N, with the 12 conditions recommended by staff. Motion passed 5-0. Case No. 2019-68: Consideration of a Variance to construct an in-ground pool on the property located at 120 Wilkins St W in the RB district. Tiffany Parr, property owner. City Planner Wittman stated that the property owner is requesting a variance to locate a 20’ X 40’ pool in the interior side yard of the property, whereas pools are required to be located in the rear yard. Staff recommends approval of the variance with four conditions. Chairman Lauer opened the public hearing. There were no public comments. The public hearing was closed. Motion by Commissioner Kocon, seconded by Councilmember Collins, to approve Case No. 2019-68, Variance to construct an in-ground pool on the property located at 120 Wilkins St W, with the four staff- recommended conditions. Motion passed 5-0. Case No. 2019-64: Consideration of a Zoning Map Amendment for Heritage Ridge. Property located at 1902 William St N. City of Stillwater, applicants. City Planner Wittman stated that on September 5, 2017 the City Council approved a preliminary plat for Heritage Ridge (formerly known as Hazel Place). A condition of approval was that the entire property shall be rezoned to RA – One Family Residential prior to the issuance of a building permit. The final plat was approved on August 21, 2018. The applicant is now requesting a Zoning Map Amendment (ZAM) to rezone Heritage Ridge properties to RA – One Family Residential (RA). The owner’s representative, Sterling Black, supports this action. Staff finds the proposed rezoning to be consistent with the 2040 Comprehensive Plan and therefore recommends the Planning Commission move to make a favorable recommendation of approval to the City Council. Chairman Lauer opened the public hearing. James Purcell, 2001 Hazel Court, said he is very relieved that there will finally be a resolution to this battle that is in keeping with the neighborhood. He supports the rezoning to RA. The public hearing was closed. Motion by Commissioner Kocon, seconded by Commissioner Meyhoff, to recommend that the City Council approve Case No. 2019-64, Zoning Map Amendment for Heritage Ridge located at 1902 William St N, with the 10 staff-recommended conditions. Motion passed 5-0. Case No. 2019-25: Consideration of a Zoning Text Amendment to amend the city Sign code. City of Stillwater, applicant.--Tabled by applicant. City Planner Wittman stated that the applicant requested that Case No. 2019-25, Zoning Text Amendment to amend the city Sign code, be tabled. UNFINISHED BUSINESS There was no unfinished business. NEW BUSINESS There was no new business. OTHER ITEMS OF DISCUSSION Norman Quacks Planning Commission December 19, 2019 Page 5 of 5 Ms. Wittman notified the Commission that the Norman Quacks variance denial has been appealed to the City Council by the applicant. FYI STAFF UPDATES There were no staff updates. ADJOURNMENT Motion by Commissioner Kocon, seconded by Councilmember Collins, to adjourn the meeting at 8:10 p.m. All in favor, 5-0. Chris Lauer, Chair ATTEST: Abbi Wittman, City Planner