Loading...
HomeMy WebLinkAbout2021-03-24 PC MINWate�Sa*_ f41 IIR'"F%l CE 01 Y���S IOfA PLANNING COMMISSION MEETING MINUTES March 24, 2021 REGULAR MEETING Chairman Lauer called the meeting to order via Zoom at 7:00 p.m. 7:00 P.M. Present: Chairman Lauer, Commissioners Dybvig, Hansen, Steinwall, Councilmember Odebrecht Absent: Commissioners Kocon & Meyhoff Staff: City Planner Wittman APPROVAL OF MINUTES Ru3ible approval of minutes of February 24 2021 regular mee in Commissioner Steinwall requested the following correction: on page 3, toward the bottom, it should state that Commissioner Steinwall "inquired whether the height of the elevator..." rather than "requested that the height of the elevator. . ." Motion by Commissioner Dybvig, seconded by Commissioner Steinwall, to approve the minutes of the February 24, 2021 meeting as amended. Motion passed 4-0-1 with Chairman Lauer abstaining. OPEN FORUM There were no public comments. CONSENT AGENDA Res-n1_ution No. CPC 2021-01: Adopting Written Statement of Reasons for Denial Commissioner Hansen stated he does not feel comfortable voting "yes" to something that he voted "no" for. However he will support the City Attorney's recommendation. Councilmember Odebrecht pointed out that tonight's vote is to approve the memorialization of the denial. City Planner Wittman added that the Sth Whereas in the findings lists the Commissioners who voted against the motion. Motion by Commissioner Dybvig, seconded by Councilmember Odebrecht, to adopt the Consent Agenda. All in favor. PUBLIC HEARINGS Case . 202 : Considgration Qf a Varianceh front yard stoop on e property located at 1221 1st St S in the RB district. Traci Post, propertyowner. City Planner Wittman explained that the applicant wishes to remove the existing front stoop and construct a new 8' X 4' wooden stoop roughly two feet high with no railings. An eight foot variance is being requested to allow a front stoop to be set back 12 feet from the front yard lot line (20 feet required). Staff finds the proposed stoop meets the standards set forth for the issuance of a variance, practical difficulties have been established, and this variance would not Planning Commission March 24, 2021 negatively impact the visual character of the neighborhood. Therefore, staff recommends approval with three conditions. Chairman Lauer opened the public hearing. There were no public comments. The public hearing was closed. Motion by Commissioner Hansen, seconded by Councilmember Odebrecht, to approve Case No. 2021-06, Variance to the front yard setback to build a larger front stoop on the property located at 1221 1st St S, with the three staff -recommended conditions. All in favor. Case -No - 2021-08: Consideration of a Variance to the Iot's impervious surface coverage. in Wider to install a pool on prpperty located at 1910 Oak Glen Tr it in the RA district. lennine-Lundquist. property owner. City Planner Wittman reviewed the case. The applicant would like to install a 21' round semi - in -ground pool in the rear yard. A variance is being requested to allow the impervious coverage to be 27.7%, or 3,531 square feet (maximum impervious surface coverage is 25%). Staff finds the proposed pool meets the standards set forth for the issuance of a variance, practical difficulties have been established, and this variance would not negatively impact the visual character of the neighborhood. Therefore, staff recommends approval with four conditions. Commissioner Hansen asked if the 800' shoreland management boundary was established before any development occurred. Ms. Wittman answered yes. Commissioner Hansen noted that over the past decade, there has been a lot of development between this property and the lake which helps mitigate water runoff. Councilmember Odebrecht asked if the corner portion of the lot that is not in the watershed could be considered an offset to the 27% impervious surface coverage. Ms. Wittman replied generally, if the boundary touches a property, the parcel is considered to be subject to the shoreland regulation. However the fact that there is a portion of the property outside the boundary may be considered a unique circumstance. Nik, Performance Pools, stated the pool will collect water rather than causing additional runoff. At the time of liner replacement, every 15 years, the water is neutralized and is not drained into any natural resources in the area. It flows into the street. Ms. Wittman added that when the liner is replaced, the pool is drained to the street and into the City's stormwater system which is allowed by the City's stormwater management policies. Chairman Lauer opened the public hearing. There were no public comments. Chairman Lauer closed the public hearing. Motion by Commissioner Steinwall, seconded by Commissioner Dybvig, to approve Case No. 2021-08, Variance to impervious surface coverage in order to install a pool on property located at 1910 Oak Glen Trail, with the four conditions recommended by staff. All in favor. Case No. 2021-09: Consideration of a Special Use Permit For outdoor dining on an exterior patio a nd its v ro posed addition. Fro e rty located at 102 2nd S treet N in the CDB district. i egfri aapolicantand 102 2 n d LLC, property owner. Ms. Wittman stated that the Lowell Inn received approval from the Heritage Preservation Commission for the partial demolition of single -story improvements located on the south Page 2 of 5 Planning Commission March 24, 2021 facade of the building. The applicant is requesting a Special Use Permit to have outdoor dining on their patio and proposed two -tiered patio extension that will include an at -grade area that will accommodate four additional tables. Staff finds that the use conforms to the standards set forth for the issuance of use permits and recommends approval with six conditions. Chairman Lauer opened the public hearing. There were no public comments. The public hearing was closed. Commissioner Steinwall asked if proposed Condition #4 is intended to be "no piped music" (not "pipe" music) and asked if that means amplified entertainment. Ms. Wittman answered that outdoor amplified entertainment or music would require a use permit amendment. Motion by Commissioner Hansen, seconded by Commissioner Steinwall, to approve Case No. 2021-09, Special Use Permit for outdoor dining on an exterior patio and its proposed addition at 102 2nd Street N, with the six conditions recommended by staff, correcting Condition #4 to reference "piped" music. All in favor. Case No. 2 0 21-11: Considera i n o F a Variance to the exterior side yard setb ack o n the p r per1y located at 13 12 Br adwa Y S t N in e RA district. Ri ch ard and Colteen M us ce--p-mperty owners. Ms. Wittman explain the application. The applicants wish to construct a 1,000 square foot garage in their exterior side yard and are requesting a 20' variance to allow the detached garage to be set back 10' feet from the exterior side yard lot line (30 feet required). The property is extremely unique because it is comprised of two separate lots that meet perpendicularly and both front different streets, though neither of them is a corner lot. Staff finds the proposed garage meets the standards set forth for the issuance of a variance, practical difficulties have been established, and the variance would not negatively impact the visual character of the neighborhood. Staff recommends approval with four conditions. Richard Muske, applicant, noted the existing garage needs to be removed due to deterioration and the new garage will correct drainage issues because it will be at street level. Chairman Lauer opened the public hearing. There were no public comments. He closed the public hearing. Motion by Councilmember Odebrecht, seconded by Commissioner Dybvig, to approve Case No. 2021-11, Variance to the exterior side yard setback on the property located at 1312 Broadway St N, with the four conditions recommended by staff. All in favor. Case No. ZO 21-12: Cons ration of a Specia1 it for outside ra ge locgted at 127 Main St S in the BD district. Buettner Real Estate, pmg—eltyowner. Ms. Wittman explained that the owners of Leo's Grill and Malt Shop obtained City approval to remodel their patio to include a trash enclosure on the north side of the patio. A portion of the enclosure's roof will include customer dining and another portion will remain vacant. The property owner is seeking approval to place a walk-in freezer on top of the trash enclosure, requiring a Special Use Permit for outside storage. The applicant has agreed to screening recommended by the Heritage Preservation Commission. The proposed improvement generally conforms to the intent of the Comprehensive Plan and the Zoning Code, with the requirement for opaque screening on all street -facing sides. Staff recommends approval with four conditions, amending Condition #2 to state that screening will be required on the south side as recommended by the Heritage Preservation Commission. Page 3of5 Planning Commission March 24, 2021 Cory Buettner, applicant, stated the noise level of the freezer will be about the same as a residential air conditioning unit. Chairman Lauer opened the public hearing. There were no public comments. The public hearing was closed. Councilmember Odebrecht thanked the Buettner family for all their community activities. Motion by Commissioner Hansen, seconded by Councilmember Odebrecht, to approve Case No. 2021-12, Special Use Permit for outside storage located at 127 Main St S, with the four staff - recommended conditions, amending Condition #2 stating that screening shall be required per the Heritage Preservation Commission Design Permit approval. All in favor. Case No. 2021-13: Consideration of a 6 lot Preliminary Plat and Rezoning. Property located at 8483 Marylane v N in the AP district. JAM Freedom LLC applicant and Mark andMarlene Pavlick. propeM ovine-rs. City Planner Wittman explained that Jeff and Missy Hause, JAM Freedom LLC, plan to develop a 2.57-acre parcel at 8384 Marylane Avenue North. The preliminary plat for the project, to be known as Marylane Gateway Addition, shows six single family lots, one of which will contain the existing residence. In addition to consideration of the preliminary plat, the applicant is requesting rezoning of the property from AP - Agricultural Preservation to RB - Two Family Residential and vacation of the existing property's drainage and utility easements. The Planning Commission is asked to recommend to the City Council approval of: 1) a Vacation for existing drainage and utility easements; 2) Zoning Map Amendment for 8384 Marylane Avenue North to be changed from AP - Agricultural Preservation to RB - Two Family Residential; and 3) Preliminary Plat for Marylane Gateway Addition. City engineering staff have reviewed the development and found that the drainage and utility easement vacation is generally in conformance to design standards. However, there are two areas of concern: 1. A storm sewer pipe is proposed to be located between Lot 5 and Lot 6. Drainage and utility easements for Lot 5's southern lot line and Lot 6's northern lot line will each need to be increased to 10' for a total of 20' between the two. Additionally, a 10' drainage and utility easement will be required for the southern lot line for Lot 6. 2. The stormwater treatment pond outlet will cause some issues to the properties to the east, blocking an existing drainage swale and causing the water to move east toward the backyard of the properties to the east. The City will not allow this and other options will have to be investigated. Therefore, a condition of approval is recommended to ensure the stormwater design is updated prior to final plat submittal. Some tree loss will occur but it will not exceed 35% of the significant trees on the site nor 15% of the canopy cover. The development plan shows retention of some of the trees and some vegetation clearing and there will likely be removal of invasive species, however future homeowners may remove trees and vegetation after homes are built if they comply with the City's tree replacement regulations. The City's natural resources technician is comfortable with the plans and will be on site as development occurs. The developer's application to Browns Creek Watershed District is incomplete and must be completed prior to the granting of the final plat. The Parks and Recreation Commission recommends the City accept fees in lieu of park and trail amenities. City staff recommends approval of the vacation, zoning map amendment and preliminary plat with 15 conditions. Commissioner Steinwall asked if park and trail dedication fees will be collected for the existing house as well as for each new lot. Ms. Wittman replied the park and trail dedication fees will only apply to the new homes. Page 4 of 5 Planning Commission March 24, 2021 Commissioner Steinwall suggested tweaking the wording of Condition #13 for clarity. Councilmember Odebrecht asked if the City attorney has looked at the Parks fee in light of the Woodbury decision. Ms. Wittman replied City staff has reviewed its impact fees in light of the Woodbury decision and there are some development fees that the City no longer imposes, but park and trail dedication fees are still charged. She explained that the City of Woodbury was sued by a developer over development impact fees collected for the future maintenance of roads constructed within the development. The City of Woodbury lost and may no longer require developers to pay for future debts. Stillwater's development fees are different because they cover debt service for costs already incurred by the City. Park and trail dedication fees are put into the existing parks and trails system, rather than being used to create new parks and trails. Steve Johnston, representing the developer, said they have no issues with the recommended conditions. Meetings are set up to review storm water issues. Chairman Lauer opened the public hearing. There were no public comments. Chairman Lauer closed the public hearing. Commissioners Steinwall and Dybvig pointed out scrivener's errors in the Conditions. Motion by Commissioner Hansen, seconded by Commissioner Steinwall, to recommend that the City Council approve Case No. 2021-13, 1) Vacation for existing drainage and utility easements; 2) Zoning Map Amendment for 8384 Marylane Avenue North to be changed from AP - Agricultural Preservation to RB - Two Family Residential; and 3) Preliminary Plat for Marylane Gateway Addition, with the following clerical adjustments: Condition #7, add the word permit after BCWD; Condition # 11, remove the last, incomplete sentence; and Condition #13, change 'for each new home lot created" to 'for each new lot intended for new construction." All in favor. UNFINISHED BUSINESS There was no unfinished business. NEW BUSINESS There was no new business. FYI STAFF UPDATES Commissioner Candidate Interviews Ms. Wittman stated that Commissioner Kocon and Chairman Lauer are not applying for reappointment so there will be Commission vacancies in May. Councilmember Odebrecht and Vice Chair Dybvig will interview candidates. ADJOURNMENT Motion by Commissioner Hansen, seconded by Commis;Aauer, g, to djourn the meeting at 8:14 p.m. All in favor. Chair ATTEST: Abbi Wittman, City Planner Page 5of5