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Regular Planning Commission Meeting Minutes – Wednesday, March 2, 2016 Page 27 which was much more costly for residents than if done the other way, even if they chose 1324 to do so due to how important they found it. 1325 Ms. McCormick noted that previous discussions had been held about balancing issues, 1326 and while the issue is not about enclosing neighbor yards, and as stated by Ms. Erickson 1327 before, when neighbors first came before the Commission, they asked for a fence OR 1328 barrier between residential and commercial properties, as guided by the city’s 1329 comprehensive plan. 1330 Ms. McCormick reviewed city code and IU applications under that code, noting that the 1331 conditions were to be complied with by the Vogels within two years with that deadline 1332 coming up in June of 2016. Ms. McCormick expressed concern with the impact of this 1333 and asked that the Commission deny the permit for the following reasons: 1334 1) If you think about it, they said this site was perfect for them for the principle use as 1335 offices. When she toured the property and facility, Ms. McCormick noted the area in 1336 which the offices were housed, as per displayed map, leaving approximately 30,000 1337 square feet of building. If only one person is intended to work in that extra space, Ms. 1338 McCormick questioned what they intended to do with that remaining space. In 1339 reviewing their own narrative, Ms. McCormick noted they intended to use if for 1340 offices, “storage,” and “staging” and questioned that intent. 1341 2) Ms. McCormick noted that “accessory use” was clearly defined in city code, and while 1342 only one person may be incidental, if Vogels made more full use of the space and 1343 added more employees in the production/processing area under a perpetual CU, she 1344 disagreed with Mr. Paschke in that staff would review that additional use. Ms. 1345 McCormick opined that would not happen. 1346 3) Ms. McCormick shared the definition for “office/showroom” uses compared to 1347 “warehouse” definition. 1348 With the Vogels stating that in the past twenty years they had no complaints with their 1349 production/processing use, Ms. McCormick noted that their current location was on their 1350 homestead in rural Stillwater and no one was nearby that would complain. Ms. 1351 McCormick sought the Vogel’s definition of “sheet metal” and what all their production 1352 process involved. 1353 Ms. McCormick continued to review definitions and zoning districts per city code, and 1354 previous exhibits at past Commission meetings and definition of uses at that time; and 1355 uses allowed under CMU-1. Ms. McCormick also reviewed reasons for CU denial by the 1356 city and cited a 2001 Court of Appeals case for reference. 1357 Ms. McCormick opined that there remained many unanswered questions that the 1358 Commission and public were being asked to accept at face value. Ms. McCormick noted 1359 that the neighbors had originally come forward seeking protection from increased traffic 1360 with the extension of Twin Lakes Parkway and proposed improvements to Terrace Drive. 1361 Ms. McCormick noted that past case law in the State of Minnesota had proven that more 1362 traffic is injurious to and those factors were related to the general health, safety and 1363 welfare of residents when made clear and not speculative in nature. 1364 To the point of noise from the buildings to the east, Ms. McCormick stated that they had 1365 been more noisy than it used to be, and stated her resentment of the implication that it 1366 had not been so. 1367 As to the complaint process, Ms. McCormick advised that she had spoken with city 1368 planners alerting them to trash pick-up at 4:00 a.m.; having been told by staff that unless 1369 she could physically verify she saw it happen, if couldn’t be enforced. Ms. McCormick 1370 stated that she didn’t see noise complaints being handled any differently. If neighbors 1371 state there is more noise, but are unable to verify it, Ms. McCormick opined that set up an 1372 adversarial situation if requiring people to complain about their neighbors. Ms. 1373 McCormick suggested a better solution could be found. 1374