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HomeMy WebLinkAbout10-27-1998 DRB Minutes DESIGN REVIEW BOARD TUESDAY, OCTOBER 27, 1998 MINUTES ITEM 1. CALL TO ORDER AND ATTENDANCE Chairperson Kim Walker called the meeting to order at 3:30 p.m. She directed the secretary to record the attendance. Members Present Members Absent Staff Present Visitors Present Roger Cruwys Henry Sorenson Therese Berger Don Stueck Bill Hanson Mara-Gai Katz Carol Schott Ann Johnson Kim Walker Vickie Greenwood Walt Willett Dave Jarrett Ed McCrone Stephen Hundley Gene Graf Mike Potter Eric Overlie ITEM 2. MINUTES OF OCTOBER 13,1998 Chairperson Walker asked for corrections or additions to the October 13, 1998, minutes. Ed McCrone moved, Bill Hanson seconded, to approve as amended. Carried 5-0 ITEM 3 PROJECT REVIEW Greenwood Daycare CUP/DEV #Z-98175- (Berger) 501 South Third Avenue - A Conditional Use Permit Application with Deviations for a day care center for 28 children. Vickie Greenwood joined the DRB. Planner Therese Berger presented the application, corrected the staff report to reflect that since 1996 the number of children allowed is 32 rather than the 28 as stated on page 2, reviewed the 8 deviations requested, reviewed the public comment received, including a letter from Todd and Jeanne Wilkinson who are in opposition to the daycare in the neighborhood, and reviewed the recommended conditions of approval. She specifically asked for comment on the location of the shed and the bicycle rack. Chairperson Walker asked if Planner Berger is considering two or three front yards. Planner Berger noted the Planning Director has determined that the frontage along 4th street is the rear yard of the property. Roger Cruwys asked why the bike rack is proposed. Ms. Greenwood noted the bike rack will be located in an area convenient for parents. She noted she has received information on a lift that would take less space than the proposed ramp. Mr. Cruwys asked if the parking is adequate. Design Review Board Minutes-October 27. 1998 1 Planner Berger explained the parking requirements. She asked Ms. Greenwood to explain the parent pickup and dropoff procedure. Ms. Greenwood noted the children are all little ones, under 3 years of age, and the dropoff and pickup are done on the 3`d Avenue side of the property. She noted there is no one parking on the street. She noted that she has five employees who park in the back or walk to work. Planner Berger noted the parking requirements are one space for every 200 sq. ft and two for the dwelling unit for a total of 12 spaces. Bill Hanson asked why this is a deviation and not a variance. Planner Berger noted a property located in the Conservation Overlay District qualifies for a deviation. Roger Cruwys noted the project has progressed over the years without permits. He asked for the rationale for the way this evolved. Ms. Greenwood noted the property was previously used as a group home for 12 children. She noted that the garage was remodeled in 1995 for a studio. She noted that since then, State Law had changed to allow "pods". She continued that the State licensed her for 14 children under the age of 2. When she proposed to change her group home licence for the main building to allow for infants only, the State required a center license. She said she was not previously aware that there were City processes to be followed. She noted parking has never been a problem, and the majority of the neighbors are in favor of the proposal. She noted that Roy Beall, Code Compliance Officer for the City, told her she had processes to go through. Ed McCrone asked about the location of the shed. Planner Berger noted that the Building Department stated that the wall adjacent to the daycare has to be of one hour fire protection. Ms. Greenwood noted that the shed is under 120 sq. ft., however, it is now only 3 1/2 feet from the daycare. The Building Department indicated she could move the shed 2 1/2 feet toward the property line to the west. Mr. Hanson asked how many children are cared for now. Ms. Greenwood noted 32 in the morning and 24 in the afternoon. Walt Willett asked for the use of the storage shed. Ms. Greenwood responded it is for storage of outdoor equipment. Mr. Cruwys commented that the only problem is the concern with the piecemeal way this was done, however, he understands how it evolved. He noted that usually when deviations are granted, there is a tradeoff for excellence in design. Chairperson Walker noted she has the same concerns, with the biggest problem being with the amount of the parking provided in relation to the required parking. Mr. McCrone suggested the deviations be granted because there is off street parking available on three sides of the property. Mr. Willett asked if 4" Avenue has legitimate parking. Planner Berger noted that it is a public Design Review Board Minutes-October 27,1998 2 right-of-way with on street parking, and people do park on it. Chairperson Walker noted she has a problem with the use continuing with the property, even after the property is sold. Discussion followed on possible future uses of this property and how the uses would be established. Mr. Willett was concerned with the parking reduction deviation taking away from the parking available on the street if the use were changed. Chairperson Walker noted her concern is with the number of children being cared for in the daycare. Mr. Cruwys asked if the CUP could be granted with the stipulation that the CUP wouldn't be continued by the next property owner. Planner Berger noted the reasons that can't happen. Mr. Hanson noted he is familiar with the neighborhood, and certain blocks are packed with cars all the time. He noted the applicant is not asking for any functional change and discussed the deviations for parking. Mr. Cruwys noted that the use is a dropoff situation. Mr. Hanson noted it is more unsafe, in this instance, for the dropoff to be located where it is. Ms. Greenwood noted that the State places caps on the number of employees, so no more employees could be hired. Chairperson Walker noted that the cap is on the minimum ratio of children to teachers. Ms. Greenwood concurred. Chairperson Walker noted the Board has to look at the worst case scenario. Discussion followed on different parking options. Mr. Hanson suggested moving the shed somewhere else and have angle parking along 4th street. He suggested developing a dedicated dropoff site. Discussion followed on alternative parking suggestions. Chairperson Walker noted that four deviations could be eliminated, including the ones for surfacing and striping. She noted the shed would have to be moved. Mr. Cruwys suggested adding two parking spaces on the Story Street parking area. Mr. Willett noted that backing out onto Story Street might be a problem. Mr. Cruwys noted he likes the use in the neighborhood, however, parking is a problem. He suggested moving the shed and working out more parking spaces along 4'"Avenue. He suggested adding a condition to add parking in the rear of the property. Chairperson Walker noted she can't support the project with the number of deviations proposed. She feels there are alternatives to the parking the deviations. She noted she is in favor of the project, however, not with the number of deviations. She asked that the project be reworked to reduce the number of deviations. Chairperson Walker asked that Ms. Greenwood explore ways to add parking spaces and come back with the project on November 1 Oth. She noted the bike rack is satisfactory, however, she wants to see striping and more parking. Mr. McCrone concurred noting that City Commission needs to have something to go on. He expects DRC to have input on parking. He concurred that the project should be continued to November 10". Mr. Hanson concurred that Ms. Greenwood has done a good job with her business, however, he can't support the project as presented. He suggested she meet with Engineering staff to increase Design Review Board Minutes-October 27,1998 3 the parking spaces and provide a drive-through for dropoff, He suggested using a creative design for the handicapped stall, maybe for pickup and dropoff. Ms. Greenwood asked if the third parking stall were turned, could another stall be gained. Consensus was that wouldn't gain another stall. Mr. Hanson noted Ms. Greenwood is not asking for anything new,just to legalize what she is doing. Mr. Willett noted he is in favor of the use, however, the parking is a problem. He noted that surfacing, striping, and curbing can be accomplished. Deviations 3, 4, and 5 shouldn't be considered as they can be alleviated. Whatever parking is established along 4`h Avenue just increases on-street parking. If diagonal parking is used, it should angle from the south. Planner Berger noted the code allows parking on the street and redirected the Board to the criteria for granting deviations from the underlying zoning requirements. Mr. McCrone moved to continue the discussion to the November 10, 1998, meeting, Chairperson Walker seconded the motion which carried 5-0. Planner Berger asked the Board to retain the submittal materials. Paul Bertelli, a neighbor, asked from the audience when the building permit was issued for Building B and was there a caveat attached. Planner Berger noted the building permit was issued in 1995 and a covenant exists that restricts uses to single family. Mr. Bertelli asked for the content of the petitions. Planner Berger read them both, Mr. Bertelli noted the use as a daycare center changes the use from the originally approved use for 12 to 14 children. He feels that the daycare center is a business and changes the neighborhood. He noted he and his neighbors do not want to see the change in use. He noted though they haven't complained, they have been annoyed by the presence of the children. He noted that the lack of enforcement across the street from Ms. Greenwood caused them concern about this property. He discussed concerns of the neighbors, noting the City now has the ability to enforce the original zoning and not change the residential character of the neighborhood. FOR THE BETTERMENT OF THE DRB Chairperson Walker noted she has visited with Commissioner Marcia Youngman adding questions for the self review on the end of each staff report so the applicant could answer the questions and mail the comments back to the Board. Discussed followed on the problem of getting a quorum for each meeting. Mr. Cruwys noted he will be absent 4-6 months beginning in December. Chairperson Walker asked for a list of members' terms to be included in the packets for the next Design Review Board Minutes-October 27, 1998 4 meeting. ITEM 4. ADJOURNMENT There being no further business, the meeting was adjourned. Kim Walker, Chairperson, Design Review Board Design Review Board Minutes-October 27,1998 5