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HomeMy WebLinkAboutminutes.apz.19820105 FORM" C. F. ~OECKEl 8. B. 6: l. CO. RECORD OF. PROCEEDINGS 100 Leaves Regular Meeting Planning and Zoning January 5, 1982 Chairman Olof Hedstrom called the meeting to order with members Anderson, Hunt, Tygre, Pardee, Blomquist, and Fallin present. Commissioner Comments Snow Queen Conditional Use & GMP Exemption Employee Units Hunt brought up the snow removal program, which is not the fault of the streets department, but is caused by the parking problem. Hunt recommended the city look into no parking on one side of the street one night, etc. Pardee said this is a good recommendation but not in the purview of P & Z. Hunt brought up the police department parking all along the south side of Hopkins. This should be tourist parking and the signs should be moved back to the north side of the street. Blomquist said he is concerred about the lack of information for the $4,000,000 bond issue for capital improvements and open space. Blomquist said the P & Z should have a capital improve- budget, which they don't. Blomquist suggested the staff prepare a capital improvement proposal for consideration by P & Z. Pardee said this would be assuming an additional work load of capital budgetting. Welton Anderson stepped down. Colette Penne, planning office, introduced into the record the plans and memoranda. Ms. Penne said P & Z looked at this sometime ago, and this is a changed application. The Snow Queen is located at 124 E. Cooper in the RMF zone, on a 4500 square foot lot. The request is to expand the existing 250 square foot employee unit by combining it with an existing room for a total of 420 square feet, and reconstruc- tion of a new rental unit. Ms. Penne said this requires a conditional use approval and GMP exemption for the employee unit. The proposed additional will not increase the non-conformity of the lodge. One lodge unit is being subtracted from the present number of units for employee housing. This is allowed in the code. The planning office recommends approval for the construc- tion of the employee unit and replacement of that same square footage for another lodge unit. The planning office recommends GMP exemption for the employee unit with the conditions listed. Hedstrom opened the public hearing. There were no comments. Hedstrom closed the public hearing. Hunt said what this does is instead of two employee units, this is one-expended employee unit. Ms. Penne said that is true. Pardee said this does not seem to be the intent of Ordinance 26, 1981. Ms. Penne said this is a liberal interpretation of the Code, but the planning office did not want to lose the employee unit. Ms. Penne said the 420 square feet will house more employees than the 250 square foot unit. Blomquist favored the liberal interpretation. This is reducing a non-conformity and an illegality in terms of room size. This seems to be within the intent of not allowing major expansion and improving the employee room. Hedstrom said he is in favor of the liberal interpretation but the Commission should not lose sight of setting a precedent which might lead to undesirable results in another case. Hunt agreed in this case; Ms. Tygre agreed in this case. Pardee said he was afraid of opening pandora's box. Regular Meeting Subdivision Exception Winter Haven Resolution Highway 82 and Cemetery Lane Planning and Zoning January 5, 1982 Blomquist said the FAR in this zone is 1:1, and this building is only 1500 square feet on a 4500 square foot lot. Ms. penne said the 250 square foot room is not legal as an employee unit, but it is legal as a free market rental room. The applicant is willing to combine two units for an employee unit of 420 square feet, and they can then add 420 square feet as rental space. City Attorney Taddune said he does not have a problem with this as it is creating an employee unit, which is something the community wants. Hedstrom said the justifications should be stated in the motion to approve to prevent other situations that do not meet these favorable circumstances. Pardee moved to recommend approval of GMP exemption and the conditional use approval for construction of 420 square foot employee unit at Snow Queen lodge by combining an existing lodge room with an existing employee unit of inadequate sixe and replacement of that same square footage in the form of a new lodge rental room; approve GMP exemption for tne newly formed employee unit with the following conditions, numbers 1 through 4 in the planning office memorandum of December 30, 1981; P & Z makes this approval with the reservation that there by no intent to circumvent Ordinance 26, 1981, and that there be no reliance or precedent set if the city attorney finds these actions against Ordinance #26, 1981, and that unit be restricted to low income rental/sale guidelines; seconded by Hunt. All in favor, motion carried. Alice Davis, planning office, said this request is to condominium- ize a triplex at 525 S. West End street. This is zoned RMF and is on a 6,000 square foot lot. The engineering department recommended six additions to the plat, which are minor details. Ms. Davis told P & Z this parcel received subdivision exception in 1977 for a triplex. The triplex has been removed and reconstructed so this requires re-approval. Ms. Davis said at first consideration, employee guidelines were not adopted. Ms. Davis said one unit has been owner/occupied and will continue to be so. Ms. Davis said the other two units do not fall under the employee guidelines. The planning office recommends approval with the applicant agreeing to Section 20-22 and the engineering conditions for the plat. Hunt asked who has been living in these units. Ms. Davis said they have been under construction. Hunt asked if these units were short termed or have been occupied by employees. Mike Fitzgerald said since completion they have been rented on a month to month basis. Fitzgerald said the new units are 1825 square feet, larger than the original 750 square feet units. Ms. Tygre said the entire usage of the building has changed. Hedstrom pointed out this concern does not affect this applica- tion, but the P & Z is concerned about what is happening under the employee guidelines. Pardee said this is twice the size of the new FAR standards that were just passed. Hunt moved to recommend approval of this request for subdivision exception for the purpose of condominiumization of the Winter Haven condominiums conditioned on l(a) (b) and 2 of the planning office memorandum of December 29, 1981; seconded by Ms. Fallin. All in favor, motion carried. Hunt said he would like some minimum modifications to the resolution. Hunt added "and equipment" being parked long term. Hunt said he would like added "it does hereby recommend that the City vacate the parking lot ~ and return to open space the corner of Cemetery Lane and Highway 82". Blomquist said he would like added "and fully landscape to the extent cars cannot use this". "" RECORD OF PROCEEDINGS 100 Leaves FORM ~O c. r. HOECl{H 8. 6. I:l l. ca. January 5, 1982 Regular Meeting planning and Zoning commission -3- Bed and Breakfast Discussion Francis Whitaker said he strongly recommends this action and emphasize confidence that the city will keep open space, open space. Ms. penne said she has the amendments to the resolution and will have it redone. Hunt moved to the corner of by Ms. Tygre. adopt Resolution 82-1 regarding Cemetery Lane and Highway 82 as All in favor, motion carried. city property at amended; seconded Blomquist told the Board the lodging association met and sent a letter of endorsement for a bed and breakfast use at 135 E. Cooper but stipulated it be approved as part of a class rather than an individual case. Colette Penne, planning office, said this has been referred to P & Z by Council, who unanimously endorsed the idea of bed and breakfast. At this point, this is not a specific application. The planning office will not put through a rezoning until there is a valid application. This is a discussion on bed and break- fast idea. This house has been the subject of much controversy, and the community want to save the house on this site. Ms. Penne said she would like the feelings from the Board about this site and this house. Ms. Penne said the city needs to develop incentives to save historic buildings. Ms. Penne said this is zoned RMF. Pardee said this should be discussed but no action taken; there is no application at this time. Blomquist said the issue is to deal with lodging as a class. These type of lodges should be treated as a class within the zone. Pardee said this could be historically designated structures within a zone. steve Peer, president of the lodging association, said they feel it is a noble effort to preserve Victorian structures within this community. The lodging association does not condone special treatment within the RMF zone as there are lodges in that zone that have been contributing to the bed and breakfast for years and they are non-conforming. Peer said it is not fair to continue the non-conformity. Peer listed some of the non- conforming lodges in the RMF that have been there for years and are well run. Peer said these lodges do not deserve this type of stigma. Peer said the lodging association feels these types of lodges need to be treated as a class and all the same. Peer recommended, from the lodging association, lodges be an allowed use in the RMF zone. A second recommendation is to make existing lodges an allowed use and new lodges a conditional use. Bil Dunaway said it is wise for the city to protect historic structures. Dunaway suggested rather than just applying this to historic structures, the lodges should come in as a separate category, not historic. Ms. Penne said a resolution of the problems of these lodges should come into the comprehensive planning process this year. Ms. Penne said she felt the planning office, P & Z and Council are willing to consider some amendment for these type of lodges. Hunt suggested considering as a conditional use in the RMF zone, historic structures as not to be condominiumized boarding houses. Ms. Tygre pointed out in this particular instance if the city allows a bed and breakfast place, they are creating a new lodge. Regular Meeting Planning and Zoninq Commission January 5, 1982 Ms. Tygre said this has to be looked at in the context of the GMP, how many more rooms will be added to the lodging count. Blomquist said after the lodge preservation clause was passed, the P & Z said they would do something about the non-conforming lodges. Blomquist said there is an obligation on the P & Z to produce reasonable treatment on this segment of the lodging industry. Hedstrom said he did not think lodges should be permitted in the RMF zone but rather people should come in for rezoning applica- tions. If people want lodges, they should go through the growth management competition. It is a mistake to make more exceptions and exemptions to the GMP. Blomquist said the lodging industry has lost ground over the last few years. Blomquist said this Commission should initiate formal action about the lodging problem. Hedstrom asked the Commission if they want to look at proposals from the staff for the improvement of the lodging industry. Ms. Fallin said she would like input also from the lodging groups themselves. If they feel they have serious problems, the P & Z should hear about it. Pardee said the Commission should see how this fits into the planning work program and their priorities. Pardee said this is not something the P & Z should sponsor unless they know how it fits with the planning office time. If the lodging community comes with proposals, it may make this easier on the staff and the P & Z. Ms. Tygre agreed and pointed out the lodging industry can appreciate the problems this has created for them. Anderson agreed with Pardee and Tygre but said the P & Z has got to do something. Steve Peer said it is the intention of the lodging industry to generate as much material as possible to illustrate they are facing problem. Hedstrom said he would like to address this as part of the planning office work program. Anderson moved to adjourn at 6:45 p.m. seconded by Pardee. All in favor, motion carried. Clerk ""