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HomeMy WebLinkAbout2021-04-28 PC MIN PLANNING COMMISSION MEETING MINUTES April 28, 2021 REGULAR MEETING 7:00 P.M. Chairman Lauer called the meeting to order via Zoom at 7:00 p.m. Present: Chairman Lauer, Commissioners Dybvig, Hansen, Meyhoff, Steinwall, Councilmember Odebrecht Absent: Commissioner Kocon Staff: City Planner Wittman APPROVAL OF MINUTES Possible approval of minutes of March 24, 2021 regular meeting Motion by Councilmember Odebrecht, seconded by Commissioner Dybvig, to approve the minutes of the March 24, 2021 meeting. Motion passed 5-0-1 with Commissioner Meyhoff abstaining. OPEN FORUM There were no public comments. Chairman Lauer stated this is his last meeting as his term is expiring. He expressed gratitude for being allowed to serve, and recognized Commissioner Kocon, the longest serving member of the Commission, whose term is also expiring. CONSENT AGENDA There were no items on the Consent Agenda. PUBLIC HEARINGS Case No. 2021-15: Consideration of a Zoning Text Amendment to allow Accessory Dwelling Units within the RA One Family Residential district. Linda Countryman, representing the GreenSteps Cities Committee and Sustainable Stillwater, applicant. City Planner Wittman explained that Linda Countryman, Chair of Sustainable Stillwater’s GreenStep Cities Committee, submitted a proposed Zoning Ordinance amendment on the committee’s behalf to increase the number of properties eligible for Accessory Dwelling Units (ADUs). This increase would be accomplished by adding the RA, Single Family Residential Zoning District to those that allow ADUs, by reducing the lot size required for an ADU, and by relaxing several performance standards. She addressed the proposed changes to the Zoning Ordinance in detail using a matrix showing the existing language, the changes proposed by Sustainable Stillwater and the City staff-recommended language regarding minimum lot size, parking, placement, and design compatibility. With the staff-recommended language, staff recommends that the Commission recommend Council approval of the draft ADU ordinance amendment. Commissioner Steinwall suggested adding a condition allowing only one ADU per lot. Planning Commission April 28, 2021 Page 2 of 6 Councilmember Odebrecht asked about the short term rental concerns of staff as referenced in the staff report. Ms. Wittman replied that generally, short term home rentals can compete with affordable housing, driving up costs. Councilmember Odebrecht asked, what does increasing the lot size do to the percentage of homes this may affect? Roger Tomten, Sustainable Stillwater, provided statistics for a representative three block area of the RB district. He found about 23% of the lots were greater than 10,000 square feet, about 62% were greater than 7,500 square feet, and about 98% were greater than 5,000 square feet. GreenSteps felt more homeowners should have the opportunity chance to have ADUs. Regardless of lot size, there are other constraints they will have to meet. Short term rentals are handled under the short term rental ordinance and the GreenSteps Committee didn’t want to combine the two ordinances. Research shows that ADUs do not dominate a neighborhood. Typically there is only one on a city block. Chairman Lauer opened the public hearing. Michael Russ asked about the tax impacts of the ordinance change and if Vacation Rentals By Owner (VRBOs) are taxed at a higher commercial rate. Ms. Wittman responded that if a property owner does not live on site then it is a Type C property which is taxed commercially by the County. If a unit is above a garage and property owners live there as well, it would not be taxed commercially. Chairman Lauer closed the public hearing. Commissioner Dybvig said overall the expansion of ADUs seems like a good idea but he is concerned about lot size and short term home rental. He has a hard time allowing an ADU on a lot size smaller than what is the minimum for that district. It may lead to a lot of variance requests. Councilmember Odebrecht agreed with Commissioner Dybvig’s concern about lot size. This feels like a very big change. He appreciates the sentiment behind it, but has not heard a big demand for this. Commissioner Hansen remarked that ADUs are a good use in any zoning district and a great way to allow for lower cost housing options. He thinks minimum lot sizes should be included. Commissioner Steinwall spoke in favor of the amendment. She suggested that instead of specifying the minimum lot size in the ADU ordinance, it could just say that the lot must meet the minimum lot size. She also proposed that there be only one ADU allowed per lot. The ADU ordinance could be silent on short term rentals as the short term rental ordinance governs them. Commissioner Hansen asked why the maximum ADU size is 800 square feet while the maximum garage size is 1,000 square feet. Mr. Tomten clarified that the 800 square foot ADU limitation came from the idea that a 1,000 square foot ADU could dwarf a smaller historic home. He added that less than 25% of the properties in the RB District meet the 10,000 square foot lot size, which limits who can have an ADU. The GreenStep Committee would like to see the opportunity extended to as many people as possible. Planning Commission April 28, 2021 Page 3 of 6 Motion by Commissioner Hansen, seconded by Commissioner Dybvig, to recommend approval of Case No. 2021-15, Zoning Text Amendment to allow Accessory Dwelling Units within the RA One Family Residential district, with modifications requiring the minimum lot size in the base district, and allowing only one ADU per lot. Motion passed 5-1 with Councilmember Odebrecht voting nay. Case No. 2021-17: Consideration of a Conditional Use Permit and associated Variances for a two story residential addition. Property located at 225 2nd Street N, in the CBD district. Nat Shea – Tanek, Inc., applicant and Archangel Assets 4 LLC, property owner. City Planner Wittman reviewed the case. Michael Russ of Archangel Assets 4 LLC would like to ‘pop the top’ on this structure, adding two floors; each floor would serve as a single family residence. Parking for the new residential units will be located in the lowest level of the building that is currently being rented for commercial use. To accommodate accessibility, the owner intends to construct an elevator shaft on the southern façade connected by a concrete walkway to the 2nd Street North sidewalk. Residential uses in the Central Business District (CBD) require a Conditional Use Permit. While the property owner is not seeking to expand the footprint of the structure, the existing structure’s front, side and rear setbacks are legal (in that the building was constructed prior to the City’s zoning code adoption) but they are non- conforming to the current Zoning Code requirements, as the building is built to all property lines. The vertical expansion of the non-conforming structure necessitates requests for variances to the required setbacks. No height variance is being requested. Approval of a Heritage Preservation Commission (HPC) Design Permit is required prior to the release of a building permit. On April 15, 2021 the request was heard by the Downtown Parking Commission (DTPC). The DTPC determined the changes did not necessitate any parking requirement mitigation. The applicant is requesting consideration of: 1) a Conditional Use Permit for two multi-family residences in the CBD Zoning District; and 2) a 20’ Variance to the required 20’ combined Side Yard Setback to vertically expand a non-conforming structure; and 3) a 20’ Variance to the 20’ Rear Yard Setback to vertically expand a non-conforming structure. A letter of concern was received from Tom Wortman, stating that approval would set a negative precedent regarding height. Staff informed Mr. Wortman that no height variance is being requested. Staff recommends approval with ten conditions. Michael Russ, applicant, stated he is aware the project must go through the HPC. He shared renderings of the proposed addition. Chairman Lauer opened the public hearing. There were no public comments. Chairman Lauer closed the public hearing. Commissioner Meyhoff noted that the proposal brings density to downtown and reuses underutilized space. Commissioner Dybvig said he has no issue with residential use in this location. He feels that zero setbacks should be considered in the downtown core. His only concern is that sometimes it is good to have a project go to the HPC before the Planning Commission. Commissioner Steinwall agreed that it is awkward for the HPC to get a proposal that the Planning Commission has already acted on. The Planning Commission may want to table the proposal until after the HPC has seen it. Mr. Russ said he is willing to appear before the HPC on May 19. He would like to begin building before the winter season. Planning Commission April 28, 2021 Page 4 of 6 Chair Lauer and Commissioner Meyhoff said they would be ready to approve the proposal now. Councilmember Odebrecht voiced support for the project. Commissioner Hansen noted that the process of application timelines is one that the Commission previously labored to correct. Motion by Commissioner Dybvig, seconded by Commissioner Steinwall, to table Case No. 2021- 17, Conditional Use Permit and associated Variances for a two story residential addition located at 225 2nd Street N to the June meeting. All in favor. Case No. 2021-18: Consideration of a Zoning Map Amendment to rezone the property located at 12950 75th St N in the AP district. Jon Whitcomb, property owner. Ms. Wittman stated that Jon and Ann Whitcomb had submitted an application for rezoning, preliminary plat and associated variance approval of a 14-lot single family development to be known as White Pine Ridge. Originally the rezoning for this lot was from AP, Agricultural Preservation, to TR, Traditional Residential. The rezoning was conditionally approved; the Final Plat must be approved prior to the rezoning becoming effective. To the date of memo development, the Final Plat has not been approved. Thus, the property is still zoned AP, Agricultural Preservation. After embarking on this project the developer noticed that a majority of the houses they intend to build would need variances. In lieu of granting each property a variance, changing the district to RA will bring the proposed houses into conformity and no longer needing multiple variances. City finds the proposed Zoning Map Amendment is in conformance to the standards set forth in City Code, and recommends approval. Jon Whitcomb, applicant, said he did not realize the builder had no flexibility in the design. It is a high quality home design but not enough of the designs meet the TR requirements. Chairman Lauer opened the public hearing. There were no public comments. The public hearing was closed. Motion by Commissioner Dybvig, seconded by Councilmember Odebrecht, to recommend that the City Council approve Case No. 2021-18, Zoning Map Amendment to rezone the property located at 12950 75th St N. All in favor. Case No. 2021-19: Consideration of Variances to the maximum structural coverage and maximum accessory structure coverage, in order to construct a larger garage. Property located at 715 William St N in the RB district. Charles Pearcy, applicant and Treva Pearcy, property owner. Ms. Wittman explain the application. Mr. and Mrs. Pearcy would like to tear down the existing garage and add a larger garage to two cars. However, the property is almost at its maximum allowed 25% structural coverage, and installing a larger garage will need a variance to the structural coverage and to the total accessory building coverage. The applicant is requesting: 1) a variance to allow the structural surface coverage to be 28% (maximum 25%); and 2) a variance to allow the total accessory structure coverage to be 782 square feet, whereas the maximum accessory coverage is 750 square feet (10% of the lot size). Staff recommends approval of a variance to the total structural coverage with five conditions, however staff does not support the variance to allow the total accessory structure coverage to be over 10% of the lot size. Staff recommends that the proposed garage be reduced by at least 32 square feet, which will eliminate the need for one variance and keep the total impervious coverage below 50%. Planning Commission April 28, 2021 Page 5 of 6 Charles Pearcy, applicant, said he plans to bring the structure down to 736 square feet, eliminating the need for the size variance. Chairman Lauer opened the public hearing. There were no public comments. He closed the public hearing. Ms. Wittman commended the Pearcys on their preservation efforts on their home. Motion by Commissioner Hansen, seconded by Commissioner Dybvig, to approve Case No. 2021- 19, Variance to the maximum structural coverage, in order to construct a garage located at 715 William St N, with the five conditions recommended by staff, amending the conditions to reflect that the garage will have a 736 square foot footprint. All in favor. Case No. 2021-20: Consideration of Variances to the rear yard setbacks and to allow for a two story accessory structure. Property located at 924 4th St N in the RB district. Sirid Kellerman, property owner. Ms. Wittman explained that the Kellermans would like to replace the garage roof with a new steeper-pitched, taller roof, in order to create a second story on their garage. However, City Code does not allow for garages to be any taller than one story. Additionally, this structure is legal nonconforming because it sits around one foot from the interior side yard lot line, and the expansion of this structure necessitates a variance. The applicant is requesting two variances: 1) to allow an accessory building to have two stories, whereas the maximum number of stories is one; and 2) to allow a detached garage to be located one foot (+/-) from the rear yard lot line, whereas the minimum setback is three feet. Staff finds the proposed second story addition to the garage meets the standards set forth for the issuance of a variance. The second story will have an office space and a half bath, but will not be considered habitable living space. The variance would not negatively impact the visual character of the neighborhood as a whole. Therefore, staff recommends approval of the variances with five conditions. Ms. Kellerman pointed out they plan to use the space for home office and home school. Their house has no basement or attic so they need this extra space. A sewer line connection can be run from the house. Chairman Lauer opened the public hearing. There were no public comments. The public hearing was closed. Commissioner Hansen said the request is reasonable. He feels the zoning code is flawed because the only way to allow for space above a garage without a variance is to get an ADU. He feels the zoning code should be changed. Ms. Wittman said staff can ask the City Council to consider a zoning code amendment. Motion by Councilmember Odebrecht, seconded by Chair Lauer, to approve Case No. 2021-20, Variances to the rear yard setbacks and to allow for a two story accessory structure located at 924 4th St N, with the five staff-recommended conditions. All in favor. UNFINISHED BUSINESS There was no unfinished business. NEW BUSINESS There was no new business. ELECTION OF OFFICERS Planning Commission April 28, 2021 Page 6 of 6 Ms. Wittman said officers will be elected next month. Commissioner Hansen said he intends to serve for one more year and would be happy to serve in any role during that year. Commissioners Hansen, Meyhoff, Dybvig and Steinwall thanked Chair Lauer for his service on the Commission. Commissioner Dybvig suggested having a Planning Commission picnic this summer. Commissioner Hansen commended Commissioner Kocon for his 12 years of service on the Commission. FYI STAFF UPDATES There were no staff updates. ADJOURNMENT Motion by Commissioner Hansen, seconded by Commissioner Dybvig, to adjourn the meeting at 8:53 p.m. All in favor. Chris Lauer, Chair ATTEST: Abbi Wittman, City Planner