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HomeMy WebLinkAbout2022-01-26 CPC Packeti11wai THE BIRTHPLACE OF MINNESOTA PLEASE NOTE: Planning Commission meetings are streamed live on the city website and available to view on Channel 16. Public can participate by attending the meeting in person at City Hall in the Council Chambers, 216 4th St N, by logging into https://www.zoomgov.com or by calling 1-646-828-7666 and enter the meeting ID number: 160 877 9021 PLANNING COMMISSION MEETING January 26th, 2022 REGULAR MEETING 7:00 P.M. I. CALL TO ORDER II. ROLL CALL III. APPROVAL OF MINUTES 1. Possible approval of minutes of December 29th, 2021 regular meeting minutes IV. OPEN FORUM - The Open Forum is a portion of the Commission meeting to address subjects which are not a part of the meeting agenda. The Chairperson may reply at the time of the statement or may give direction to staff regarding investigation of the concerns expressed. Out of respect for others in attendance, please limit your comments to 5 minutes or less. V. CONSENT AGENDA (ROLL CALL) - All items listed under the consent agenda are considered to be routine by the Planning Commission and will be enacted by one motion. There will be no separate discussion on these items unless a commission member or citizen so requests, in which event, the items will be removed from the consent agenda and considered separately. VI. UNFINISHED BUSINESS VII. PUBLIC HEARINGS - The Chairperson opens the hearing and will ask city staff to provide background on the proposed item. The Chairperson will ask for comments from the applicant, after which the Chairperson will then ask if there is anyone else who wishes to comment. Members of the public who wish to speak will be given 5 minutes and will be requested to step forward to the podium and must state their name and address. At the conclusion of all public testimony the Commission will close the public hearing and will deliberate and take action on the proposed item. 2. Case No. 2022-01: Consideration of a Variance to the minimum size lot in order to split their lot into two separate lots. Property located at 1330 5th St S in the RB district. Jamie Jacobson, property owner. 3. Case No. 2022-02: Consideration of a Use Permit Amendment for the property located at 927 Churchill St W in the RB district. Eric Siskow representing Lakeview Memorial Hospital, property owner. 4. Case No. 2022-03: Consideration of a Short -Term Home Rental Type B license to be located at 418 Holcombe St S in the RB district. Scott and Deidra Swenson, property owner. 5. Case No. 2022-04: Consideration of a Short -Term Home Rental Type B license to be located at 816 William St N in the RB district. Jim and Sarah McFarland, property owners. VIII. DISCUSSION IX. FYI — STAFF UPDATES 6. Zoning Administrator Vacancy X. ADJOURNMENT THE 1INTNYLACE OF MINNESOTA PLANNING COMMISSION MEETING MINUTES December 29, 2021 REGULAR MEETING 7:00 P.M. Chairman Dybvig called the meeting to order at 7:00 p.m. Present: Chairman Dybvig, Commissioners Hansen, Hoffman, Knippenberg, Meyhoff, Steinwall, Councilmember Odebrecht Absent: None Staff: City Planner Wittman, Zoning Administrator Tait APPROVAL OF MINUTES Possible approval of minutes of November 17, 2021 regular meeting Motion by Commissioner Meyhoff, seconded by Commissioner Hoffman, to approve the minutes of the November 17, 2021 meeting. All in favor. OPEN FORUM There were no public comments. CONSENT AGENDA There were no items on the Consent Agenda. UNFINISHED BUSINESS There was no unfinished business. PUBLIC HEARINGS Case No. 2021-68: Consideration of a Variance to the maximum allowed impervious surface to construct a new single family home at 976 Creekside Crossing in the RA district. John Sharkey, property owner and Cole Charpentier, applicant. Zoning Administrator Tait explained the case. The 10,032 square foot property lies fully within a shoreland management overlay district, which restricts the lot coverage to a maximum of 25%. The new single-family home and driveway represent 2,492 square feet (16 square feet below the maximum allowed coverage). However, the property owner would like to add a rear deck with stairs and an at -grade patio, which will put the coverage over the maximum allowed. The applicant is requesting a 225 square foot (or 2.2%) variance to allow the maximum coverage to be 2,733 square feet (or 27.2%). One letter of opposition was received, stating there is no uniqueness or practical difficulty and the house proposed is too large for the lot. Staff finds it difficult to justify practical difficulty/uniqueness and recommends denial. Chairman Dybvig opened the public hearing. Cole Charpentier, applicant, architectural designer with Green Halo Builds, stated this lot is unique because not all the surrounding lots are within the shoreland management overlay Planning Commission December 29, 2021 district with its lower lot coverage restrictions. He would be willing to forego the patio which would subtract 100 square feet from the coverage. Chairman Dybvig closed the public hearing. Commissioner Meyhoff pointed out since the applicant stated this is a custom designed home, the requirement could have been met via the design. Councilmember Odebrecht and Commissioners Steinwall and Hansen agreed. Motion by Commissioner Hansen, seconded by Commissioner Steinwall, to deny Case No. 2021- 68, Variance to the maximum allowed impervious surface to construct a new single family home located at 976 Creekside Crossing. All in favor. Planner Wittman stated for the record that any application denied by this Commission may be appealed to the City Council within 10 days. Case No. 2021-69: Consideration of a Conditional Use Permit to operate a Tattoo shop within the Downtown. Property located at 117 (113) Main St S in the CBD district. St. John's Home Corp, property owner and Jeffrey Hagen, applicant. Ms. Wittman stated that Stillwater Tattoo is seeking a Special Use Permit (SUP) to relocate their business to 117 Main Street South (with a parent address of 113 Main Street South). Four letters of support for the SUP were received. Staff recommends the Commission discuss whether or not tattoo shops are of the same general character as the uses in Section 31-325, specifically beauty shops and, if so, act on the SUP request. If tattoo shops are determined to be of the same general character as beauty shops, then staff would recommend approval with eight conditions. Commissioner Steinwall asked, if a beauty shop is outright permitted and does not need a SUP, then why would a tattoo parlor require a SUP if the Commission determines they are similar? Ms. Wittman answered that the base zoning district has an old carryover that says any use that is like a use permitted in the use table may be granted a use permit. Commissioner Hansen asked if this use should be added to the use table. Ms. Wittman replied it is worth reevaluation when the Commission reviews the use table. Chairman Dybvig opened the public hearing. Amy Berback, 213 Sherburne Street, voiced support for the SUP. Jeffrey Hagen, 2659 Interlachen Court, representing the building owner, said the business owners are upstanding people and any old prejudices against this type of business are out of touch with today's reality. He supports the permit. Chairman Dybvig closed the public hearing. Commissioner Knippenberg said she considers a tattoo shop to be similar to a beauty shop. Commissioner Hoffman remarked that tattooing is mainstream today and he considers the business to be like a beauty salon. Councilmember Odebrecht commented that he used to own a hair salon and found tattoo businesses to be very different as they are fully separate in the State code due to different licensing, education, and personal health and safety considerations. He agreed with Mr. Hagen there may be some bias but they are very different types of businesses. Page 2of4 Planning Commission December 29, 2021 Commissioner Hansen said the Commission should consider adding tattoo parlors as an allowable use but for this case, a beauty salon is the closest comparison. Motion by Commissioner Steinwall, seconded by Commissioner Knippenberg, to find that the two uses are similar. Commissioner Hansen questioned whether that would require a vote. Ms. Wittman replied no, a straw vote on the finding is sufficient. Commissioner Steinwall withdrew the motion. Motion by Commissioner Steinwall, seconded by Councilmember Odebrecht, to approve Case No. 2021-69, Conditional Use Permit to operate a tattoo shop located at 117 (113) Main St S, with the eight staff -recommended conditions. All in favor. Case No. 2021-64: Consideration of a Zoning Text Amendment to amend the fence code regulations. City of Stillwater, applicant. Ms. Wittman stated that the City's fence regulations call for an enforcement process that is in conflict with the recently -adopted administrative citation process. Thus, City staff is requesting a Zoning Text Amendment that allows for enforcement consistent with the recently -adopted administrative citation provisions. Additionally, the current fence regulations indicate that, where a non -conformity exists (i.e. placement in required setback, height, etc.), a fence is not allowed to be rebuilt. This is inconsistent with Minnesota Statutes. The proposed ordinance amendment brings the City's fence regulations into conformance with State statute. She reviewed the modifications in detail. Commissioner Hansen asked for further explanation of the requirement, "where public safety is a concern, a minimum 48" fence shall be required on top of any retaining wall that is 4' in height or higher." He asked why it would require a 48" high fence instead of something that is more consistent with the building code. Ms. Wittman replied the amendment may need tweaking for consistency with building code. Zoning Administrator Tait added that it was originally because the height of an above ground swimming pool had to be 48" or higher so a child could not climb in. Chair Dybvig concurred that the requirement needs further clarification. The consensus of the Commission after further discussion was to change the language to: "Where public safety is a concern, a minimum 36" tall fence or equivalent safety barrier shall be required on top of a retaining wall that is 4' or higher. This barrier shall be measured from the ground grade of the public safety concern." Chairman Dybvig opened the public hearing. There were no public comments. Chairman Dybvig closed the public hearing. Motion by Commissioner Hansen, seconded by Commissioner Hoffman, to recommend approval of Case No. 2021-64, Zoning Text Amendment to amend the fence code regulations, with modification as recorded in the meeting by staff. All in favor. NEW BUSINESS There was no new business. DISCUSSION 2022 Holiday Meeting Schedule (3rd Wednesday) Page 3 of 4 Planning Commission December 29, 2021 Ms. Wittman announced that the November and December 2022 meetings will be rescheduled to November 16th, 2022 and December 21, 2022 due to holidays. FYI STAFF UPDATES Ms. Wittman informed the Commission that Zoning Administrator Tait has resigned his position and is moving out of state. The Commission thanked Mr. Tait for his service to the City. ADJOURNMENT Motion by Commissioner Hansen, seconded by Commissioner Meyhoff, to adjourn the meeting at 8:21 p.m. All in favor. ATTEST: Abbi Wittman, City Planner John Dybvig, Chair Page 4of4 Uwater THE RTHPLACE O F M i N N E S O 1 A PLANNING REPORT TO: Planning Commission MEETING DATE: January 26, 2021 APPLICANT: Jamie Jacobson LANDOWNER: Jamie Jacobson CASE NO.: CD 2022-01 REQUEST: Consideration of Variances associated with a proposed Resubdivision LOCATION: 1330 5th Street South DISTRICT: RB — Two Family Residential zoning district NCD — Neighborhood Conservation (Overlay) District REPORT BY: Abbi Jo Wittman, City Planner INTRODUCTION Jamie Jacobson owns the property at 1330 5th Street South and is requesting the City Council's consideration of a Resubdivision to split the property into two lots. When Resubdivisions are contemplated, the applicant must show each property and its improvements can conform to all base zoning district requirements. The 13,420 square foot parcel is 1,580 square feet shy of the required 7,500 square feet (s.f.) required for each lot in the RB — Two Family Residential (RB) zoning district. Therefore, the owner is requesting variances to the minimum lot area requirements for each of the proposed properties in the RB district. Additionally, the parcel proposed to retain the existing home (Parcel A/Lot 8) has several other impervious surface improvements (i.e. driveway, walkways, patio, etc.) which, according to the RB district, may not exceed 25% of the proposed lot area. As situated, the proposed property would contain 1,951 s.f. of other impervious surface area. The applicant is proposing 237 s.f. of that area would be removed if the Resubdivision were approved. However, 25.80% of the property would still be encumbered by other impervious surfaces. Given the RB district allows for a maximum of 25% other impervious surfaces, a variance to the maximum allowable other impervious surface coverage is being requested. SPECIFIC REQUEST Consideration of the following variances to allow for a Resubdivision: 1. A 788 s.f. variance to the 7,500 s.f. minimum lot area for Lot 8, Block 2, Churchill's Second Addition to Stillwater to be 6,712 s.f. total; and CD 2022-01 PC - January 26, 2022 Page 2 2. A 792 s.f. variance to the 7,500 s.f. minimum lot area for Lot 7, Block 2, Churchill's Second Addition to Stillwater to be 6,708 s.f. total; and 3. A Variance to the maximum 25% impervious surface lot coverage requirement to allow Lot 8, Block 2, Churchill's Second Addition to Stillwater to have a total other impervious surface lot coverage of 25.80%. ANALYSIS The State of Minnesota indicates Cities may grant variances but are not compelled to do so. City Code Section 31-208 indicates the Planning Commission may only grant a variance when the following apply: 1. The variance must be in harmony with the Zoning Code and not in conflict the Comprehensive Plan. • What is the purpose of the regulation for which the variance is being requested? o Minimum lot area purposes include ensuring lot sizes suitable for new construction and uniform land development. o A purpose of the maximum impervious surface coverage is to ensure properties accommodate for open space for drainage and recreation and aesthetic purposes. • If granted, would the proposed variance be out of harmony with the Zoning Code? o The current property is made up of two, originally -platted, 50' lots. Lots in this neighborhood range between 50' and 100' in width to accommodate single and two- family residences. In the past the Planning Commission has been reluctant to approve minimum lot size variance requests as there was no certainty new construction could be placed on the smaller -than -required lots without the need for future variances. To ensure new development, including alterations to the existing structure, would conform to neighborhood development patterns and the zoning code, staff would recommend a condition of approval that future variances would not be permitted. o A less than 1 % increase in the total other impervious surface coverage is in harmony with the zoning code. Additionally, the property proposed to retain the existing home is proposed to have a total coverage of 50.65%. Traditionally the Planning Commission has been favorable to variances where the combined coverage does not exceed 50%. A less -than 1% differential from the required maximum is still in keeping with the intent of the Zoning Code. • If granted, would the proposed variance be in conflict with the Comprehensive Plan? o The request is not in conflict with the Comprehensive Plan. The Plan encourages the City to consider a variety of housing options to support greater affordability ranges. Smaller homes on smaller lots can help support greater community 2. A variance may be granted when the applicant establishes that there are "practical difficulties" in complying with the Zoning Code. A practical difficulty means that the property owner proposes to use the property in a reasonable manner not permitted by the Zoning Code; the plight of the landowner is due to circumstances unique to the property not created by the CD 2022-01 PC - January 26, 2022 Page 3 landowner; and the variance, if granted, will not alter the essential character of the locality. Economic considerations alone do not constitute a "practical difficulty". • Is the property proposed to be used in a reasonable manner? o The use of the properties, for single family residential units, is reasonable and in conformance to the Zoning Code. o The allowance of a minor lot coverage variance to the existing property to accommodate a new lot is reasonable so long neither lot exceeds base zoning district regulations in the future. • Is the plight of the landowner due to circumstances unique to the property? o The property was platted as two separate lots and the existing home was constructed in 1931. The existing home was placed on the southerly lot, well in conformance to today's RB zoning district requirements. This presents a uniqueness in this neighborhood in that this property is set up nicely for a lot split. o The minor other impervious surface coverage variance is not unique; the Planning Commission fields these requests consistently and, in review of aerial imagery of the neighborhood, many of the properties appear to exceed coverage requirements. That said, the property owner is acting to reduce the amount of impervious surface (by 237 s.f.) so that the variance request is less than 1% over the required maximum. • Are the circumstances created by the landowner? o These circumstances were not created by the landowner. • If granted, would the variance alter the essential character of the locality? o As noted, 50' wide lots with a 6,700+/- total area are not uncommon in this neighborhood, including two properties to the south (1422 5th Street South and 1426 5th Street South). o The property is located in the Neighborhood Conservation (Overlay) District and, as such, the design of new homes is required to conform to that district's guidelines. Review and approval of new home designs is conducted by the Heritage Preservation Commission. While the owner has submitted exterior renderings of a possible new home for Lot 7, this design would not conform to that district's standards. Staff will continue to work with the property owner (or future property owners) on submittal, review and approval of designs that do conform to the Overlay District's guidelines. • Have practical difficulties been established independent of economic considerations? o While it can be asserted that the splitting of a lot is purely economic, the request does conform to the "practical difficulty requirement. ALTERNATIVES CD 2022-01 PC - January 26, 2022 Page 4 A. Approval. If the Planning Commission finds the request in conformance to the City Code requirements for the issuance of a variance, it could approve the variance with (at least) the following conditions: 1. Plans shall be substantially similar to those found on file with Case CD 2022-01, except as modified by the conditions herein. 2. The 237 s.f. walkway parallel to the north property line of Lot 8 and the 18 s.f. of steps on Lot 7 shall be removed prior to the City's release of approved new property deeds. 3. The City will not grant future minimum setback, building or impervious surface coverage maximum, and/or maximum height Massing Regulation variances for neither Lot 7, Block 2, Churchill's Second Addition to Stillwater nor Lot 8, Block 2, Churchill's Second Addition to Stillwater. 4. All changes to the approved plans will need to be reviewed and approved by the Community Development Director in advance. Any major changes will need to the Planning Commission for Use Permit amendment review and approval. B. Table. If the Planning Commission finds the request to have incomplete information, the case could be tabled. C. Denial. If the Planning Commission finds the request to be inconsistent with City Code, it could be denied. With a denial, the basis of the action should be given. FINDINGS AND RECOMMENDATION The property's condition (of one house on two, historically -platted lots) is not a result of the applicant and is quite unique in this neighborhood. The proposed configuration, though smaller than average, is not inconsistent with the neighborhood it is situated in. The property owner has made a reasonable request to create two lots from one that fit with the size of others within the neighborhood. They have shown that, with slight property modifications, both properties generally conform to the intent of the Zoning Code's minimum lot area and impervious surface maximum. As noted, the City is not compelled to grant variances and, traditionally — in the past, the Planning Commission has been reluctant to grant variances to minimum lot areas. Without assurances future house plans and property improvements will not request variances in the future, the Planning Commission has helped ensure future Commission's hands are not tied. However, with conditions that would prohibit future variances to the massing standards, the concern can be alleviated. Given these findings, staff finds that — with reasonable conditions — the request conforms to the standards set forth for the issuance of a variance and recommends approval of all three variances with those conditions outlined in Alternative A, above. Attachments: Site Location Map Narrative Request Certificate of Survey Proposed House Rendering cc: Jamie Jacobson LU 812 705 818 815 813 812 = 817 816 815 814 w 813 814 815 808 816 a E.HUDSON ST o = x 882 t 820 817 w 817 901 514 826 822 821 aoo ., 906 911 502 z ° 824 tit_ 823 O= WEST >>CHURCHILL STREET illwater F 505 w 421 902 904 219 _ oo 913 910 = 908 908 909 o 15 913 911 912 912 l ' 925 0 913 917 916 922 �- 921 921 919 920 924.. 924 923 1002 923 1002 1003 Ai 1 ,�." - C 1001 1004 1006; - -- 1006 1009 1007 1008 H ar 9e Y ^"_ _ S a D D 01013 1010 z 1014 1016 0 1015 1016' it)6 ,g 1 " > 1018 1017 1020 1021 1024 1019 1022 _ a WEST HANCOCK STREET E The Birthplace of Minnesota N I W ��E . N Site Location ... 501 411 319 1104 1104 Lit_ 4210. " ` c, 1111 1108 1111 1112j F- x 01116 (1)i 506 1111 1117 1117 1118 III BL 1123 1124 1123 = 1206 1207 1206 "� — w o 1330 5th Street South 1205 1206 1205 09 H 1215 1212 u> 1215 1214 1I Subject Property 1209 1209 1212 1 1214 1214 iF./5 1212 1213 121, 1215 ' 1211 = 1216 = 1218 1219 1216 1217 1218 z w L 1215 1220 LL 1213 1222 22 122 224 ~ 1221 1224 1225 1226 1221 > w 1225 WEST MARSH STREET EAST MARSH STREET 1303 1302 1301 130, 1303 1306 1303 1304 1302 1303 317 523 1309 1306 1307 1312 1309 ° 1305 1312 z 1311 1312 1309 1310 EA 1316 1 1315 1314 1314 w 1318 1314 1325 1324 1323 1309 1317 1321 1318 1323 1320 1324 1323 1322 1323 1322 1333 1330 1327 1326 1334 1325 1329 1328 1323 1333 M 1330 1329 = 1329 1338 0 275 550 1,100 = 1339 F 1334 1333 1334 1333 1336 H = 1338 = 1339 z 1338 = 1338 1337 o 1337 1342 LL_ 1401 Feet 0 1422 0 ° 1339 1342 ai o 1340 1405 1426 1342 o 1345 1344 u' 1341 1346 1343 1346 General Site Location 1345 1346 WEST ORLEANS STREET C S A H 24 65TH STREET NORTH EAST ORLEANS STREETC S®®A.F�■�2 5 �I"I� N 6472 = 111 14907 14929 w 375 N. = 6450 o Y 11,1 Ink li 1 •• ..,_..�.I r.. �.. .IIII n11Lts�„• gy tRI� % �'���ir �. �• •� < Z 14894 6440 a • 6429 6438 0 6450 ST CROIX STREET 64TH ST N 64TH STREE ■1 -��!1� , ►��./r���j ;,,•1■ r�'•, �G �• I•• 6388 Li, il 6381 6381 w 0 6381> P �r��•ICi'•���1L....., may: ��li�� ni�. r � LI'Ir�, ii --- -. � Illlllr �, ED �.► 1 1 \�1` t a . •�r��.• UPPER 63RD S I� N. � r•+ �,r�\• 6373 z z z 15055 w ¢ w a 6303 0 6355 > o C ! : o .� . �.i _-,-�- � �i r�. hIII � ` vCdii �� 11� -7+pi, - ®®", �.. _ p 63RD STREET NORTH < 63RD STREE �; - �(�jj'� '!'. ,o � I �_�_Ilo.�-,r__—• NC o6282 14810 14870 z 14940 ci_a —,� _.._.._.._.._ �::•iii . ..� lam,,, 0 15048 Created 1/20/2022 (City of Stillwater November 23, 2021 Jamie Jacobson 1330 5th Street South Stillwater, MN. 55082 Re: Variance to split my lot into to parcels at 1330 5th St. S, Stillwater MN Dear Stillwater Planning Commission The owner of 1330 5th St S. proposes splitting her double lot into 2 6708 Sq Ft lots allowing new owner of split lot to build a single family house taking no more than 1400 sq ft total of the 6708 Sq ft. lot. Practical Difficulties . Lot will be 792 sq ft. below current requirement for lot size. . This variance will not be out of place for the neighborhood as many of the lots in the area are at or smaller then proposed lot. . House that will be built on proposed lot will be under city requirements and will not look out of place. Thanks you for your consideration. Best Regards, Jaimie Jacobson 612-308-8046 Survey Done For: Michelle Dunn 1333 Sixth Street South Stillwater, MN 55082 Jamie Jacobson 1330 Fifth Street South Stillwater, MN 55082 CERTIFICATE OF SURVEY BARRETT M. STACK STILLWATER, MINN. 55082 MINNESOTA REGISTERED LAND SURVEYOR Tel. No. 439-5630 Existing Overall Parcel Description: (per Doc. No. 4119084) Lots 7 and 8, Block 2, Churchill's Second Addition to Stillwater, Washington County, Minnesota PROPOSED PARCEL A Description: (Existing House Parcel) Lot 8, Block 2, Churchill's Second Addition to Stillwater, Washington County, Minnesota. PROPOSED PARCEL B DESCRIPTION: (Currently Vacant Land) Lot 7, Block 2, Churchill's Second Addition to Stillwater, Washington County, Minnesota. Notes: Orientation of this bearing system is an assumed datum. 'o Indicates #13774 iron pipe set. • Indicates #25718 Iron Pipe Found. (D Thurmess LS) Offsets shown to existing structures are measured to the outside Building wall line, unless shown or noted otherwise. Any projections from said wall lines, such as eaves, sills, steps, etc., will impact indicated offsets accordingly. Underground or overhead, public or private utilities, located in conjunction with this survey, unless shown otherwise Existing Parcel A Impervious' Surface Area: House: Garage: Garage Apron: - Slab No. of Garage: Bituminous Drive: Egress Wells: Easterly Walk & Steps: Total 1'084 so. ft. 8 a sq. ft. - 48 sq: ft. 289 sc. ft. 1252 sq. ft. # 25.80% 13 sq. ft. 130 sq. ft. 3400 sq. ft. = 50.66% 24.85% on or adjacent the parcels were not (1668 Sq. Ft.) (1732 Sq. Ft.) of Parcel A Proposed Parcel B: Final Config. will be Vacant Land. h/ovs� o; /_?3 9 • PARCEL B Revision Note: December7, 2021'_- Rcvision'Note: Added Approx. Loc. of Possible Future House, Garage, Walks and Drive per general plans supplied: No formal plans were supplied: Impervious' Areas:'Parcel B House & Roofed Entry 1216 sq. ft.+- equals 18.13 % of Parcel Area. Driveway and Walks 601 sq. ft.+-'or or 8.96% of Parcel Area. . Possible Proposed.Impervious J ,1 Area Totals 1817 sq. ft. or �¢ 27 09% of Parcel T Area. 0 G y6y L 444 �•r�NiF,ss Lor, 7 67629 •P�m o krro r4F7� 4 .SvLiv. /Ya. %/4 r4,40z9,P�A or</ 4a r .e/rY'S �- S19°.33'48'!,/ G 7/2 5 ,, F% f F,I,eC L II 2S9 4 ✓ 2¢Z C 1' t.4.4gvE5) 4 6-42- N 5:94 7 480 Btu 44 Goe A4'So. 45 rf7OFgo E.v7,er /Z/‘fq/2 �.POPDSEIJ /7Db'5 . �4C. '` 2a. 7 ,Nrolm t /2.7 243 ¢.7,4- IA h' - 30' 3 Ae/✓z- l,,//I/.,e5 60 / Sd . Fr, .P./3 Z /+7 /3.<4¢ 237t, —.• _ a C'Ar✓C . Iq. rC `f—v'L 2 7. 9 • \ .8/r /Z5'Z/ /�3.'/3--_— /P• /3 '2 r l�J /joust Nov. 12, 2021 'Revision -Notes : .Revised mapping to shown specific proposed and - existing impervious area details. \NN 27, S 1 t") I hereby certify that this survey, plan, or report was prepared by me or under my direct supervision and that I am a duly Registered Land Surveyor under the laws of the State of Minnesota. Date Nov. 8, 2021 Reg.No 13774 A eplans Questions about this plan? Visit Eplans.corn today or call 1-800-528-8070 vi va plan at httfls;Uwww.epfons.comlplan11824-gware-re_eT-3-bedropaL2-5p.lBathroom-2-garag farmhousedradifianal-sp2761f77 Plan 20-2427 leAk 1824 sq/ft 3 beds 2.5 baths 29' wide 45' deep Pricing Plan Set PDF Set PDF Unlimited Build CAD Set CAD Unlimited Build Foundation Slab Basement Crawlspace Walk Out Basement Framing Wood 2x4 Wood 2x6 Right -Reading Reverse Each Audio Video Design Each $1005.00 $1505,00 $1740.00 $2240.00 +$0.00 +$195.00 +$195.00 +$390.00 $0.00 $195, 00 +$195.00 $100.00 Construction Guide Each $39.00 1/7 Uwater THE RTHPLACE O F M i N N E S O 1 A PLANNING REPORT TO: Planning Commission CASE NO.: CD 2022-02 MEETING DATE: January 26, 2022 APPLICANT: Eric R. Siskow, Facilities Director LANDOWNER: Lakeview Memorial Hospital REQUEST: A Conditional/Special Use Permit Amendment to replace and upgrade the hospital's existing oxygen tank system LOCATION: 927 Churchill Street West DISTRICT: RB — Two Family Residential zoning district REPORT BY: Abbi Jo Wittman, City Planner INTRODUCTION Lakeview Memorial Hospital, located at 927 Churchill Street West, has a 1,500- gallon oxygen tank with 300-gallon reserve tank system located near the western (emergency) entrance to the site, off of Greeley Street South. Given oxygen needs have increased as part of the COVID-19 pandemic, the Hospital is needing to refill their tanks much more frequently than in the past. They intend to modify their current system with a 6,000-gallon tank and a 900-gallon tank for reserve. The two new tanks will be placed directly to the north of the existing on a new concrete pad; the existing concrete pad will be utilized for the system's regulator manifold, alarm box, shut off valves and vaporizers. It will be enclosed by an 8' tall, 12" concrete masonry unit block wall on the east and chain -link and bollards on all other sides. 2020 Aerial © Eagleview, May 30, 2020 CD 2022-02 PC - January 26, 2022 Page 2 SPECIFIC REQUEST Consideration of a Conditional/Special Use Permit Amendment to replace and upgrade the hospital's existing oxygen tank system. ANALYSIS The Hospital property is located in the RB — Two Family Residential zoning district. Hospitals are allowed by Special/Conditional Use Permit. The City has required Use Permit amendments for any building or site alterations that do not conform to previously approved Use Permits. It should be noted, the City has no record of the installation of the current system though aerial imagery shows it was installed sometime between May 3, 2011 and April 26, 2014. In order to grant approval of this Use Permit, the Commission must make the following findings: • The proposed structure or use conforms to the requirements and the intent of the Zoning Code, and of the comprehensive plan, relevant area plans and other lawful regulations. • Any additional conditions necessary for the public interest have been imposed. • The use or structure will not constitute a nuisance community. ANK NEW RESERVETANK EXISTING CONCRETE PAD WITHgi,SSORY EQIILPMENT x Zoning Code Conformity Approximate Site Design August, 2013 © Google, 2022 or be detrimental to the public welfare of the Compliance with the Zoning Code generally surrounds around whether or not the proposed use can conform to established code standards. For this request, there are minimal code requirements to consider aside from conformance to height and setback requirements. The system is proposed to be located 95' from the western property line. This is well in conformance with the City's 30' minimum setback. The larger tank, proposed to be 32' tall, conforms to the RB district's 35' maximum height for structures. Comprehensive/Area Plans CD 2022-02 PC - January 26, 2022 Page 3 Though this property is identified as a Land Use Study Area in the Land Use Chapter of the of the Comprehensive Plan, the request is not in violation with the Comprehensive Plan. Other Lawful Regulations/Conditions The only concern staff has identified is that the larger system will increase in both bulk and height and could have a visual impact on both the view corridor along Greeley Street South as well as for properties on the east side of that street. While there is vegetative screening along the western property boundary, much of the vegetation in this area is deciduous; during leaf off conditions, visibility of this utility area is increased. Staff is recommending a landscape buffer plan be developed by a landscape professional and submitted to the City prior to project commencement. Staff recommends the plan include a variation of both existing and new deciduous and new coniferous tree and shrub plantings to visually buffer the new tank system. Staff further recommends the plan be implemented by October 1, 2022 and that the City hold an escrow (in the amount of a commercial grading permit) for two consecutive growing seasons to ensure successful screening of the improvements. ALTERNATIVES May, 2018 © Google, 2022 May 2, 2018 © Eagleview A. Approval. If the Planning Commission finds the request in conformance to the City Code requirements for the issuance of the Special Use Permit, it could approve the use permit with the following conditions: CD 2022-02 PC - January 26, 2022 Page 4 1. Plans shall be substantially similar to those found on file with Case CD 2022, except as modified by the conditions herein. 2. A landscape buffer plan must be developed by a landscape professional and submitted to the City prior to project commencement. a. The plan will include a variation of both existing and new deciduous and new coniferous tree and shrub plantings to visually buffer the new tank system. b. The plan be implemented by October 1, 2022. c. The City will hold an escrow (in the amount of a commercial grading permit) for two consecutive growing seasons to ensure successful screening of the improvements. 3. Plans will need to be approved by the applicable engineering, fire, building and health officials before tank installation. 4. All changes to the approved plans will need to be reviewed and approved by the Community Development Director in advance. Any major changes will need to the Planning Commission for Use Permit amendment review and approval. B. Table If the Planning Commission finds the request to have incomplete information, the case could be tabled. C. Denial If the Planning Commission finds the request to be inconsistent with City Code, it could be denied. With a denial, the basis of the action should be given. FINDINGS AND RECOMMENDATION Staff finds that, with certain conditions, the proposed amendment would not be a detriment or nuisance to the general public and conforms to adopted codes and plan. Therefore, staff recommends the Commission move to approve Case CD 2022-02 with those conditions outlined in Alternative A, above. Attachments: Site Location Map Plans & Specifications (4 pages) cc: Eric Siskow itt l ]water The Birthplace ct Minnesota N Site Location 927 Churchill St West Approx Oxygen Tank Location :2 I Chanels & Metal Panel 2 z Existing Metal Frame Existing Roof Panel Existing Asphalt Floor OShed Section 3/4" = 1'-0" Lakeview Hospital Stillwater, MN New Oxygen Tank Install Existing Wall Panel 12'-4" Existing Shed 2 N Existing Shed Demo Plywood & Girts Demo Plywood & Girts Demo Plywood & Girts A101 17'-4" Existing Existing Tank and Slab to Remain Demo Existing Fence and Bollards Demo Approach Apron and Asphalt for NEW Slab New Liquid Tank New Filled Bollards New CMU Screen Wall upto 8'-0" New Fence for Both Tanks - New Interior Metal Panel & Chanels in Shed Demo Bollards Demo Fence Sheet Number A101 S1 1 of 4 2of4 3of4 4 of 4 Sheet Name Floor Plan Plan / Section / Notes Tank 3D Tank Plan / Notes Tank Sections Tank Design 17'-0" 7'-0" New Bollards 0 ti New Concrete Slab -a) s- c.) - C o' 0 -o New Concrete Slab 0 0 0 0 Demo Concrete Apron Demo Fence /' New Tank' • 10 .X w .X w Existing Tank 23'-6" ' Existing Demo Fence Demo Fence Light Pole New 12" CMU Screen Wall Level 1 1/4" = 1'-0" ROSS &� ASSOCIATES LTD. Construction Management / Design Build / General Construction 246 Summit St River Falls, WI 715-425-9011 COPYRIGHT 2021 BY ROSS & ASSOCIATES LTD. THE CONTENTS OF THIS DRAWING ARE FOR THE SOLE AND EXCLUSIVE USE OF ROSS & ASSOCIATES. NO PART OF THIS DOCUMENT MAY BE REPRODUCED, STORED IN A RETRIEVAL SYSTEM, OR TRANSMITTED IN ANY MEANS, ELECTRONIC,MECHANICAL, PHOTOCOPYING, RECORDING, OR OTHERWISE, WITHOUT THE PROIR WRITTEN CONSENT OF ROSS & ASSOCIATES LTD. No. Revision Date Lakeview Hospital New Tank Slab Floor Plan Project number 2021-165 Date 12-17-21 Drawn by DCS Checked by LH A101 Scale As indicated 1:26:54 PM NOTES: 1. 2. 3. 4. 5. 6. 7. 8. 9. Concrete: FC=2,500psi at 28 days. Reinforcing steel: ASTM A-615, Grade 40. Soil load bearing capacity: 2,000 PSF minimum. Frost skirt depth according to locality. 12' x 12' clean concrete drip area depth according to locality. Remove topsoil and replace with compacted fill if needed. 6" compacted aggregate required under slab & footings Cover base material with 6 mil Polyethylene. Finished concrete pad to be level at top. SLOPE AWAY #5@18"CLEW 2— (2" FROM TOP) #7 CONT #6@18"CCEW (3" FROM BOTTOM) AGGREGATE TYPICAL SECTION SCALE: 3/4" = 1'-0" 1'-4" 6" 2' FINAL LINE MANIFOLD 24' 12' x 12' CLEAN CONCRETE DRIP AREA (FOR LOX TANKS ONLY) REFER TO NOTE #5 ABOVE. L PLAN SCALE: 3/16" = 1'-0" 25' THIS DOCUMENT IS THE PROPERTY OF MATHESON TRI-GAS. ACCEPTANCE CONSTITUTES AN AGREEMENT THAT IT SHALL BE TREATED AS CONFIDENTIAL MATERIAL, THAT IT SHALL BE RETURNED UPON REQUEST, AND THAT THE CONTENTS HERE OF SHALL NOT BE DISCLOSED, REPRODUCED, OR COPIED EXCEPT BY WRITTEN PERMISSION OF MATHESON TRI-GAS. THIS DOCUMENT IS INTENDED TO SHOW ONLY AN EXAMPLE OF AN EQUIPMENT AND/OR PIPING SETUP. IT DOES NOT DEPICT EITHER A STANDARD OR SITE SPECIFIC DESIGN. ALL EQUIPMENT SPECIFICATIONS ARE FOR EXAMPLE ONLY. USE OF THIS DOCUMENT WITHOUT THE WRITTEN APPROVAL OF AN AUTHORIZED REPRESENTATIVE OF MATHESON TRI-GAS SHALL BE AT THE USER'S SOLE RISK, AND USER SHALL INDEMNIFY MATHESON TRI-GAS FROM ANY LIABILITIES ARISING OUT OF USER'S UNAUTHORIZED USE OF THIS DOCUMENT. MATHESON® ask...The Gas Professionals'" 909 Lake Carolyn Pkwy Suite 1300 Irving TX 75039 469-619-9000 MEDICAL 6,000 GALLON TANK, VAPORIZERS, AND 900 GAL TANK RESERVE, TYPICAL EQUIPMENT LAYOUT REV DATE A 2/06/18 CUSTOMER INNER VESSEL DESIGN DATA Model: VS-3000 THRU 6000 MAWP: RSIG 175 250 400 500 aarg 12.07 17.24 27.58 34.47 DESIGN PRESSURE DSIG 206.3 28 .3 L3 .3 53 .3 barg I4.23 19.39 29.74 36.63 CODE COMPLIANCE: AS E SECT O 1\ V II, D I V I S I 0\ h A P D-\ D I X 4 L DESIGN TEMPERATURE ° F - 3 2 0° TO 2 0° °C -196° TO L9° MATERIAL OF CONSTRUCTION: SA2L0 304 STA \LISS STEEL OUTER VESSEL DATA CODE COMPLIANCE: F_LL VAC_ Y PER CGA-34 DESIGN TEMPERATURE ° F - 2 0° TO 3 0 0° °C -29° TO L9° MATERIAL OF CONSTRUCTION: A 3 6 C A R B O\ S T E E L INSULATION TYPE: VAC.,_.V A\D V.,LT LAYIR I \S..LAT I O\ EVACUATION CONNECTION: 3- 1/ 2" P_ V D0.. T DO R T VACUUM GAUGE CONNECTION: -ASTI\GS DV6R BUILDING CODE: DESIG\ED FOR C.,RREN E_ILDI\G COD- SEE C-ART POLICY \D-I80 FOOT PAD HOLE LAYOUT TOP VIEW 4-1/4 [107.8] LIFT LUG 25-1/8 [638] 29-3/8 [746] 31-23/32 [806] WEIGHTS AND SHIPPING DATA MODEL: VS-3000 VS-6000 MAWP RSIG 175 250 400 500 175 250 400 500 barg 12.07 17.24 27.58 34.47 12.07 17.24 27.58 34.47 WEIGHT EMPTY RO.,\DS , 100 2,800 5, 1 00 5, 1 00 9,900 2 ,500 27,000 27, 1 00 flLOGRANS 4,990 5,806 6,8L9 6,849 9,026 9,752 2,247 2,292 WEIGHT FULL OXYG=\ D0.,\DS 40,600 42, L00 LL, 700 LL, 700 76, L00 78,000 83,500 83,600 /ULOGRAvS 8,L16 9,232 20,276 20,276 34,654 35,380 37,875 37,920 \ TROGE\ D0.,\DS 32,000 33,800 36,100 36,100 59,900 6 ,500 67,000 67,100 / LOGRAvS L, 51 L 5,33 6,375 6,375 27, 1 70 27,896 30,39 30,436 ARGO\ PO.,\DS 47,200 49,000 5 ,300 5 ,300 88,900 90,500 96,000 96,100 / LOGRAvS 2 , L 1 0 22,226 23,269 23,269 40,324 L ,050 43,545 43,590 SHIPPING DIMENSIONS I \C-ES (L * W * - ) 228 x 86 x 86 383 x 86 x 86 Nv 'S (L * W * - ) 5, 79 1 x 2, 8L x 2, 1 8L 9,728 x 2, 8L x 2, 1 8L CAPACITIES MODEL: VS-3000 VS-6000 CAPACITY GROSS GALLO\S 3,150 6,010 (COLD) L TERS II,92L 22,750 \-T GALLO\S 3,030 5,770 (COLD) L TERS 11,470 21,842 GASES EQUIVALENT AT 1 ATM AND 70°F/ 1 ATM AND 0° C OXYG-\ SCF 3L8,800 664,200 ,v3 9,877 18,808 TROG E\ S C F 282,200 537,300 \ V 3 7,99 1 5 2 1 5 ARGO\ SCF 3L0,900 6L9,200 \v3 9,653 18,383 TANK HEIGHT MODEL DIM -A- REF DIM -B- REF VS-3000 228 [5791] 131 [3315] VS-6000 383 [9728] 206 [5236] IN[mm] 4-1/4 [108.1] 13-3/4 [349] 2-5/8 [67] } 16-1/4 [413] 0- - I38+/2±03/8 0- TAN K OD LIFT LUG DRAWING C-14190870 NUMBER D v 11 A 11 8-I/2±1/16 [2161 I] 7-5/81 [194 } 6 FOOT PAD 1-3/8 [35] THK VS-3000 I-I/2 [38] THK VS-6000 TYP 3 PLCS SCALE 1/16 86 [2 84] OUTER VESSEL DIAMETER REF 73 [ 854] REF INNER VESSEL DIAMETER D 0 Li Li ❑ THIRD ANGLE PROJECTION Material Required SEE B.O.0 UJLESS OT ERWISE STATED APPROVED DATE D 16726 TABLE CHG CODE CO v1P.AS vIE SP K II/3/15 DRAWN BY J J G By'vI vI K 10/7/08 10/8/08 C B 15874 14432 ADDED D CHG 6000 FOOT PAD NY JJC 6/26/14 5/18/10 PROJ. ENGR. KJR 10/15/08 A 14050 CHG WE GHT GJS 4/23/09 QUAL. CONT. J 10/13/08 REV ECR NO VISIT US AT CHARTINDUSTRIES.COM MFG. ENGR. RC 10/8/08 OEM PARTS AT CHARTPARTS.COM THE MATERIALS AND INFORMATION, INCLUDING THE PRINCIPLES OF DESIGN CONTAINED IN THIS PRINT, IS THE EXCLUSIVE PROPERTY OF CHART INC., AND IS CONFIDENTIAL AND PROPRIETARY INFORMATION. THIS INFORMATION MAY NOT BE REPRODUCED, COPIED, OR LOANED, IN PART OR IN WHOLE, NOR IS THE INFORMATION TO BE RELATED TO ANY PARTY WITHOUT CHART'S PRIOR WRITTEN CONSENT. MFG. SERV. KJR 10/15/08 UNLESS OTHERW SE SPECIFIED D MENS ONS ARE IN NOES. TOLERANCES: FRACT OVS ± ANGLES 2 PLACE DECIMALS I 3 PLACE DECIMALS ± TITLE DESCR PT ON BY DATE Distribution & Storage, New Prague Operations Innovation. Experience. Performance.® 0&D VS-3000 R., 6000 SS COLD STRETC- 75/250/L00/500 DS DRAWING NUMBER SCALE 1/32"=1" C-14190870 PART NUMBER 14190870 Rev D SHEET 1 OF I x PAX t I A13. ODERS • 1 TPA OD. I4'40-058'-6' Cala MAT rV.1014' OL. t& MAY, TOP kb 0017:14 F81F. MATS TANK FOUNDATION PLAN SI f.CALCI V4 • r-C sac. ELK. rum COLD, iV s9 PARS o 97 OG, van. I-t I-I-1 I -I i I I r:L _I�I� fir 1517f1s.#32'oc. LAP 3'1,,K`LiVVtRT.Mt FEUF. t r` • 514• 0.4 • FICAIO GRACE OR NKr. 31-6' It xtr TICGK GOZ. F75 113-45, GO!rt. SECTION a SLK. SGREENWALL SLAQL 1r• • ro' 31. �l I •-- CRAM µ'4 • .r •• • .., . LRACC r1a14'0L.EAINY, 17 TAP Nay coral 1145 lII11 i- SECTION THRU MAT SGALL V4' • I' O. STZSCT1RA1.IO1C5 101t59 DATA A Deslg, Lodes ad Spec/battens - Krresota tide Dhl fig Code 2020 - ktarefe ed Daddrig Code:015 - kerban Caerdo ItzUbte (A;U D. Dock l let She:tes I. Lot-haze-Gcrweto - rcrd„ibn Mat 3. RsHochg Steel 1'c•4pCVpeAd20dap rye t>opOoPa(AST4Abt5.Grads 60)-N t ter ry 40,X0 peal (testa A65, &ode 40)- bcrs 4. Coracle Dock rh • IU00 p : Cod Deely Lade I. Dace load of 6000 E elan Tat 27' 0 b 2. We Lad 01.. of M C93at Tat/ 1e000 b a rod Lad l5 MPH :at, &Tessa G. I.115 11 WERAL DOTES A Merida I. 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NOTES S1 or1 !2-GO a illwater THE 6 4 R T H P L A C E OF- MINNESOTA PLANNING REPORT TO: MEETING DATE: APPLICANT: LANDOWNER: REQUEST: LOCATION: DISTRICT: REPORT BY: Planning Commission January 26, 2021 Scott and Deidra Swenson Scott and Deidra Swenson CASE NO.: CD 2022-03 Consideration to allow a Type B Short Term Home Rental in the RB Zoning District, at the specified address. 418 Holcombe Street South RB (Two -Family Residential) Graham Tait, former City Zoning Administrator Abbi Jo Wittman, City Planner INTRODUCTION Mr. and Mrs. Swenson own the property at 418 Holcombe Street South in the South Hill neighborhood. The Swenson's have applied for a Type B' Short Term Home Rental (STHR) license for the one -bedroom Accessory Dwelling Unit located above the detached accessory structure. It is noted that the Property Owners will still reside in the primary residence and be onsite, or located within s 30-minute drive, during all guest stays. This property is located in the RB Two -Family (RB) zoning district, which outright permits Type B STHR's, but does however, require a license. Part of these licensing requirements for the RB zoning district include a neighborhood notice to all properties within 150' of the subject property. If no objections are received from the neighborhood notice, the license can be approved administratively; however, if objections are received the license application must be considered by the Planning Commission. In the instance of this STHR application, there were several objections received, therefore the Planning Commission must hold a hearing to consider the license request and comments from the neighbors. SPECIFIC REQUEST ' "City Code Section 41-8. Subd. 2. (4). Short term home rental, Type B (unhosted short term rental), means a dwelling unit that is offered to transient guests for a period of less than 30 consecutive days, where the property serves as a person's primary residence but a primary resident of the property is not present while the transient guests are present. This Type B also includes short term home rental of any accessory dwelling units, non -owner -occupied duplexes or "mother-in-law" apartments." CD 2022-03 PC - January 26, 2022 Page 2 The applicant is requesting approval of a Type B Short Term Home Rental license for the property at 418 Holcombe Street South. ANALYSIS City Code indicates that, after considering the license request and comments from the neighbors, the planning commission may either approve a one-year provisional license, with or without conditions, or deny the license request. Since releasing the public hearing notice, the City has received five public comments — including from the original objectors; these are enclosed for the Commission's review. Each letter is unique. Some expressed general concerns for having any rental properties in their neighborhood (be that short or long term), commercial activities in residential areas, and licensing and taxing requirements. While it is understandable there are these concerns, these are policy -based concerns. The City Council has authorized STHRs to be allowed in any residential district and created the licensing program to reduce impacts to these neighborhoods. In addition, all properties are required abide by local taxing requirements (lodging tax funding the Convention and Visitor's Bureau — Discover Stillwater). In addition to the concerns stated above, there are three main reoccurring reasons of why this STHR is objectionable: 1. Nuisance issues. There were concerns regarding trash, loud music, fireworks, and noise. 2. Public Safety concerns regarding screening of owners and the transient guests, including the vetting process for the rentals. These concerns also emphasized that this neighborhood has an abundance of kids, as well as some vulnerable adults, and their public welfare would be at risk. 3. Public Safety concerns regarding traffic. There were concerns that in this neighborhood children tend to play in the streets and the additional (and unfamiliar) traffic would pose a traffic risk. Specifically addressing the nuisance and public safety concerns, it should be noted the City does require all STHR licenses to have a manager located within 30 minutes of the subject property. The Swenson, however, have elected to be their own manager, noting in their application they will be onsite during all guest stays. This, in combination with the fact that the unit may only accommodate three guests, is likely to help reduce potential nuisance concerns. Additionally, the public safety concerns expressed are no different than those the City has fielded in opposition to STHRs in other neighborhoods and these licensed STHRs have proved to not be a nuisance/concern once licensed have been issued. Furthermore, the license process itself affords the City the opportunity to review unique site -specific conditions, consider additional reasonable conditions and provides a mechanism to revoke the license if the use indeed is found to be a nuisance or safety issue. Especially with the initial one-year provisional license, the City has broad discretion to revoke if issues arise. Lastly, it is important to note that the specific property at 418 Holcombe Street South has no open or recent violations or impending enforcement actions (including no nuisance violations). POSSIBLE ACTIONS CD 2022-03 PC - January 26, 2022 Page 3 The Planning Commission has the following options: A. Approve a one-year provisional license2 with the following conditions: 1. Plans shall be substantially similar to those found on file with Case CD 2022-03, except as modified by the conditions herein. 2. All conditions stated in the license must be adhered. A STHR may be suspended or revoked if conditions of the license are not followed. B. Deny the requested STHR license. With a denial, findings of fact supporting the decision must be provided. C. Table the request for additional information. FINDINGS AND RECOMMENDATION The City Council has, in the past, debated the appropriateness of STHR's in residential zones and it was determined that this use is appropriate, provided a license is obtained. This property is located in the RB (two-family residential) zoning district, where STHR's are outright permitted. In addition, the owner will remain onsite or be located within 30 minutes of all guest stays. This will help reduce potential nuisance issues this three -guest unit could possibly create. Staff has found that the application submitted by Mr. and Mrs. Swenson meets all of the requirements of the City Code Section 31-514. Subd. 8. Performance Standards3 which are incorporated into the license itself. Therefore, staff recommends approval of a one-year provisional Type B Short Term Home Rental license for the property at 418 Holcombe Street South. The Planning Commission may consider additional reasonable conditions if reasonable concerns are raised. Attachments: Site Location Map STHR License Application (2) Guest Welcome Letter Applicant Presentation Slides (10) Public Comments (5) cc: Scott and Deidra Swenson 2 "City Code Section 41-8. Subd. 6. (2). d. If the planning commission approves a one-year provisional license and there are no substantiated relevant complaints from neighbors or guests during the provisional year, the license will automatically extend two additional years." 3 Performance standards include: requirement for onsite parking, guest stay duration, maximum occupancy, management information including proximity distance, guest disclosures, trash, signage, events, insurance, etc. 5flllwater The Birthplace of Minneeot J SIwat) Planning Department SHORT TERM HOME RENTAL LICENSE APPLICATION A. Property owner's information Site address of Short Term Home Rental: j I? `_ UL (OMB( 5+ S Property owner's name: S Qr A ' L c i' SAVOY\ Property owner's signature: Property owner's address: Li 1 f) lh! comfy (it J S-h{(way, 4r1 55D3 Z Property owner's phone number: Public phone number: Property owner's email: SSN (kept private): U5 Ho - 552, 1 n ; B. Operator's information Operator's name: ,f'( o vo J i2 V1b0).(\ Operator's address: L1 i/ HD( f O1'1 bi J I Operator's phone number: Operator's email: Public phone number: N51 qo'i 55201 C. License type 1. For which Short Term Home Rental license is application being submitted? Circle only one: C Type A Type B Type 2. If a Type C license application is being property? Yes No of a submitted, has a Conditional Use Permit been issued by the City for the . T e C license 3. If a Type C license is being submitted, and a Conditional Use Permit has not been issued by the City, has a complete Conditional Use Permit applicatio form been and accepted by the City? Yes No Not a Type C license application 4. Is the home the property owner's primary residence? Yes No 5. Will property owner be present during guest stays? (es) No 6. If a Type B or Type C property, will the owner or operator be within a 30 minute drive of the property? WNW No (How long will average drive time be? ) 7. Address while away? (if applicable) November 2019 Page I of 2 D. Facility information 1. Number of legal bedrooms: 0 2. Number of bedrooms/sleeping spaces to be offered to guests: 1 3. Maximum number of guests to be allowed by owner/operator: 3 4. Number of off-street parking spaces on the property for guests: 1 5. Are each of the off-street parking spaces either in a garage or on bituminous or concrete surfaces? Ye No 6. Per Ordinance 1093, I agree to keep a vehicle registration log of all guests' vehicles which includes, guests name, vehicle license plate number, make/ model, and provide it to the city within 48 hours if requested? 410 No 7. Will guest boats and/or other trailers/RVs be allowed? Yes No 8. How is the property zoned? V.Cria(Y1k[a` 9. Have any exterior home alterations been done, or planned, to accommodate the Short Term Home Rental (other than extra parking spaces for guests)? Yes (No) If yes, please explain: E. Listing information 1. On which websites is or will the Short Term Home Rental be listed? Please give the name and website address for each. V'2SO •(.orn 2. Will the Short Term Home Rental be listed or advertised anywhere else? If so, please give specifics. (S ' FaGOODOAL 'p F. REQUIREDATTACHEMENTS Please check box if included: _ 1. An inspection report approved and signed by City inspector(s). X 2. Site plan, drawn to scale, showing parking and driveways, all structures and outdoor recreational areas that guests will be allowed to use, including, but not limited to, deck/patio, barbeque grill, recreational fire, or sauna. )c 3. A floor plan, drawn to scale, of the home identifying which rooms will be used as transient guest bedrooms/sleeping spaces. -Xi 4. Proof of suitable and sufficient insurance. X S. A copy of the Guest Disclosure required by Ordinance 1093, Subd 7 E I 6. Minnesota Sales Tax Account Number (7 digits) OR proof that Minnesota Tax Account Number has been applied for. '4 7. $300 payment for license application and initial inspection. G. Applicant's signature Applicant's name: i d. wt S & e. i oV1 By signing this application form, I certify that to the best of my knowledge the property meets, and will be operated according to, the standards found in Ordina ce 10 3. Applicant's signature: Date: 12 "1— 2j November 2019 Page 2of2 Welcome to our home in the historic city of Stillwater. We hope you enjoy your stay. As our guests and guests of the community, here is some helpful information and rules we ask you to follow: • The maximum number of vehicles allowed is one. Please park your vehicle in front of the 3rd garage stall. • Please do not park your vehicle on the street. • The owner lives on the premises in the main house. If there is something that needs to be addressed immediately with the loft, you can contact Deidra at • The maximum number of guests allowed in the loft is three. • All outdoor features to be used only by the owner. • City noise ordinances will be enforced by the Stillwater Police Department, including reduced noise levels between 10 PM and 8 AM. • Events are not allowed on the premises. That means that no more than three unregistered guests can gather on the property. Useful phone numbers: Fire department (non -emergency) 651.351-4950 Police department (non -emergency) 651.351-4900 Useful websites: Stillwater Convention and Visitor's Bureau http://www.discoverstillwater.com/ Stillwater Independent Business Association http://www.mainstreetstillwateriba.com/ Stillwater Area Chamber of Commerce http://greaterstillwaterchamber.com/ 418 Holcombe St S - Type B STHR • Our STHR rental is our garage loft, the main house is not getting rented out. • We live at the main house and are home a lot. • Guests will only be allowed 1 vehicle and will be required to park in front of the third stall of the garage. • Guests will not be allowed anywhere on our property except the garage loft. • Rental will be limited to 2 people. • We will not allow instant booking -guests will be vetted before reservation is accepted since this is our home. • Guests have profiles and reviews on VRBO • Extensive list of house rules will be given to guests prior to their stay - these rules will be on the listing in VRBO and will be emailed to guests upon accepted stay. o No Pets o No smoking on premises inside and outside o No parties o No drugs o No additional guests o Quite hours between 10:00 PM - 8:00 AM o Government ID required upon booking o Must be at least 25 years of age to book a reservation • Exterior cameras on property to monitor activity. • 5-Plex next door - constant flow of people coming and going. No licensing required o Month to month rentals which brings in a lot of transient people o Vehicles parked on the street o Smokers outside o Profanity yelled outside o Tenant conflicts - police were called to the scene last summer • 2 long term B&B's very close by and no issues with the guests that stay there. • Guests that we host in our loft are going to be looking for the same experience as guests that stay at these B&B's and are looking for a Stillwater getaway. • B&B guests walk around the neighborhood and walk down Holcombe St • 41 B 5 Holcombe Si, Stillwater. MN 55082 N Rivenown Inn M owl R s'!'i {fy 9 Ann Bean Mansion B&B St Croix Catholic Sc • Another VRBO rental similar to our setup is a few blocks away and that neighborhood has not had any issues with guests that have stayed there. • All of the guests that have stayed there have been quiet and respectful. Nelson's Ice Cream Temporarily closed 4 Oak St W Studio V1 n 0 rw South Hill Loft - Studio Apartment in Historic Stillwater Minnesota Sleeps 2 - 1 bedroom 1 bed Arena Lily Lake Park rchiII St W 0 0 O O 0 0 O 418 South I istoric Courthouse Holcombe Street""0 00)0 Early Childhood Family Center a Churchill St W Churchill St E Stillwater Middle School 9 Hancock St E Burlington Si E Marsh St E w a � Robert Ainsbury and Kady Long 304 Holcombe Street South Stillwater, MN 55082 January 22, 2022 City of Stillwater Planning Department Re: Case # CD 2022-03 I Address 418 Holcombe Street South Thank you for alerting us Scott and Deidra Swenson, property owners at 418 Holcombe Street South, requested approval for a Type B Short Term Home Rental license. We appreciate the opportunity to share our point of view in advance of the Wednesday, January 26, 2022 hearing; our home is located on the corner of Olive & Holcombe, just down the sleepy street from theirs. When we talk about our neighborhood, we use attributes like "safety," "caring neighbors", "affordable housing" and "peace of mind". These attributes are valued in our tight -knit neighborhood. These attributes are pillars of strong neighborhoods, not attributes often used to describe sought-after vacation properties. Therein lies the problem. We chose to move to Stillwater just over two years ago and we selected our home carefully and intentionally so our concerns regarding Scott and Deidra's request are many. To name a few: turnover of unfamiliar people in our neighborhood, reduced future housing demand because others don't want to purchase & live near rentals, disturbed character and quality of life in our neighborhood because short-term renters have no allegiance to, nor interest in, the welfare of the neighborhood or future of the community, and therefore no reason to care how the neighborhood, or people around them, may suffer from their vacation activities. There is a reason zoning code laws endeavor to cluster hotels away from residential neighborhoods, to accommodate the inevitable disruptions of tourism. Thank you for allowing us to express opposition to the placement of one of 35 short-term rentals in our city, they each merit the same consideration given the disruption and externalities they portend. In addition to the uncertainty a revolving door of strangers may introduce, neighbors may bear noise disturbances, litter, additional street traffic, and stress on neighborhood infrastructure. All uninvited. I appreciate the city introduced a volume limitation on short-term rentals, potentially to preserve quality of life and safe -guard the fabric of neighborhoods, but for the 35 that do get approved (& it appears there are already 35 on Air B&B alone), please thoughtfully consider the benefit and burden a rental brings to the people living near the rental as if one was going to be next door to you. Thank you for the opportunity to share our point of view and for your thoughtful consideration. Jenn Sundberg From: Dailey -Hebert, Amber Sent: Monday, January 17, 2022 6:47 PM To: Planning Dept Subject: Community Feedback: Short-term Rental of 418 Holcombe [CAUTION] *** This email originated from outside the organization. *** Do not click links or open attachments unless you recognize the sender and know the content is safe. Dear Planning Department of Stillwater, We recently received a letter informing us of the intent to have Holcombe 418 operate as a rental property. Along with other neighbors, we were surprised to learn of this news and appreciate the opportunity to share our perspectives and opposition to this plan. Part of the charm of our historic Stillwater community is the close-knit relationships and friendships we build with one another. This is one of the reasons we moved to this specific street/location, and why we've enjoyed living here for the past 15 years. However, genuine concerns exist with turning the private residence into a short-term rental. 1. Existing Concerns: The one and only short-term rental property in our neighborhood has already had issues with domestic disturbances (most recently requiring armed police officers to squelch the issue). Our daughter was delivering cookies for a fundraiser on that street when the SWAT team arrived in vests and fully armed - and it impacted her, our feelings of safety, and the safety of our community. 2. Safety Risk: To my knowledge, there is no screening process nor application for the short-term rental property tenants being proposed, which would allow anyone (including those with criminal records, sex offenders, etc.) to live among us and potentially harm members of the community with little recourse or accountability. 3. Zoning: It's my understanding that we are currently zoned as a residential neighborhood in the historic downtown area of Stillwater — not as a business district nor hotel rental area. Stillwater offers countless hotels and rentals on main street, and in the business district, for these populations to enjoy the city — these hotels are also owned by local business people who we wish to support (rather than compete). I would like this neighborhood to remain as a residential neighborhood of families who know and care for each other — rather than a transient population of people who come and go and who may not be interested in investing in or taking care of this community. 4. Licensing and Tax Requirement: It's unclear how this property would be licensed and any impact this might have for tax requirements. This is influenced by entire home rentals, length of stay for residents, the percentage of the home being rented, etc. Research and recent studies show the struggles cities face with the rapid growth of such short-term rentals and how it can lead to issues of: resident displacement, tenant expulsions, harassment, daily disruptions, changes in property values, and an exodus of primary resident homeowners in the area. There are few regulations on such short-term rentals and I fear the impact as a result. Along with my neighbors, I appreciate having the opportunity to express these concerns in the hopes of preserving our lovely and unique community. Thank you for your consideration, Kind regards. 1 Amber Dailey -Hebert, Ph.D Director, Faculty Center for Innovation Professor, Leading Adult & Organizational Learning Graduate Program Park University Park University Legal Disclaimer This e-mail message and any attached files are confidential and are intended solely for the use of the addressee(s) named above. If you are not the intended recipient or person responsible for delivering this confidential communication to the intended recipient, you have received this communication in error, and any review, use, dissemination, forwarding, printing, copying, or other distribution of this e-mail message and any attached files is strictly prohibited. If you have received this confidential communication in error, please notify the sender immediately by reply e-mail message and permanently delete the original message. Any price and other contract terms contained in this email are not intended to constitute an offer or acceptance and so cannot be binding. Park University's President, CFO, or their designee(s), must approve, in writing, all price and contract terms. 2 Jenn Sundberg From: Gretchen Perkins Sent: Monday, December 6, 2021 11:10 AM To: Planning Dept Subject: Concerns regarding Type B Short Term Rental 418 Holcombe [CAUTION] *** This email originated from outside the organization. *** Do not click links or open attachments unless you recognize the sender and know the content is safe. Hello, Thank you for the letter notifying us of 418 Holcombe's plans to operate a short term rental on their property. This is the first we have been made aware of it. I know there has been construction, but the purpose was not communicated. That seems like a misstep on the part of the homeowner. I am opposed to this for several reasons: 1. Our neighborhood is very close and community oriented. There are several children who play in the area, cross streets freely to use neighbor's swings, and to visit them. Additional traffic would endanger the kids. Visitors would not be aware of the kids' activity patterns. 2. Their property is very close to ours. We spend a lot of time outdoors in the summer, especially in the evening. Additional traffic (presumably in the summer) would bring added noise to a very quiet neighborhood. 3. I have security concerns regarding short term rentals. The property further down the street is a long term rental property, and even that has had some issues with disturbances. Obviously, the residents of 418 South Holcombe have the right to do whatever they want with their property. This feels like their priority is to make money from it, not become part of the community. We live in a historic neighborhood and feel an obligation to keep it a quiet historic neighborhood, not a rental community. Thanks for your consideration. Gretchen Perkins i Jenn Sundberg From: Carmel Rubel Sent: Sunday, December 5, 2021 7:57 PM To: Planning Dept Cc: Jenn Sundberg; Carmel Rubel; Mike Carver Subject: 418 Holcombe Street [CAUTION] *** This email originated from outside the organization. *** Do not click links or open attachments unless you recognize the sender and know the content is safe. To whom this may concern: We have been a resident on Oak Street for over 20 years and value our privacy, Community and neighborhood surroundings. We are concerned with Transient lodging in literally our backyard. Our personal property abuts the subject property to the south. During many of the events sponsored by the city for an example; lumberjack days we have "transient people" through our neighborhood and unfortunately they have been disrespectful in many ways. Trash, Loud music, shooting fireworks all hours of the night in the road, either urinating on our property or leaving bottles behind with urine. We have witnessed firsthand some "parties" that go on vacation rentals in our town and I feel they're very disrespectful to the neighbors/neighborhoods. We very concerned how this owner will sensor activities and vett those who rent the space. We have many small children in the neighborhood, a music teacher who offers lessons to Little pianists and two vulnerable adults living in the immediate neighborhood. My husband and I are legal guardians of my brother who lives in our family home. As much as we try to keep him out of harms way I would be very cautious allowing him to continue his walks in our immediate neighborhood and or allowing him to be on his own in our yard. We would hate to limit his freedom even further during this pandemic we are in. We would like to understand how we as neighbors will be protected and again how the vetting process will take place for the rental. Thank you. Regards, Charles (Michael) and Carmel Carver 513 Oak Street West Stillwater, Mn 55082 1 Jenn Sundberg From: Paul Valerius Sent: Tuesday, December 7, 2021 9:01 PM To: Planning Dept Subject: Fwd: Type B Short Term Home Rental at 418 Holcombe St. S Follow Up Flag: Follow up Flag Status: Flagged [CAUTION] *** This email originated from outside the organization. *** Do not click links or open attachments unless you recognize the sender and know the content is safe. Dear Planning Department, Thank you for your letter notifying us of the plans for a license application to the property at 418 Holcombe St S for short term rental usage. I do have concerns with the allowance of a short term rental unit in our neighborhood: My family has been residents across the street at 417 Holcombe Street for 19 years, prior to that our home was occupied by my Mother -in -Law for 33 years. We take great pride in preserving our neighborhood to maintain the historic charm in Stillwater. Over the years, the kids in the neighborhood have utilized Holcombe St extending from Pine St to Olive St as a play area (basketball, soccer, hockey, bicycle riding etc) and as a gathering area where the neighbors congregate often throughout the year in front of our houses facing Holcombe Street. We have created a community oriented space which provides our neighborhood a unique open, safe and fun area for activities, for both kids and adults. The additional traffic in and out of the neighborhood would certainly cause safety issues amongst the kids utilizing our street. Even though we don't have young children at our house anymore, I'm still concerned about the 17 children that currently use this portion of Holcombe St for their activities. As a parent, I would be concerned with the rotation of different people and traffic in the neighborhood each week, not to mention the behavior of such guests. Not all guests are going to be respectful to the neighborhood. Just the presence of a short term rental area on Holcombe Street would bring unfavorable disruptions to our special neighborhood setting. I'm fully aware that as a homeowner, people can do what they want with their property such as build a fence, put in a garage etc. but these just affect their own property within their boundaries. Where the short term rental utilization at 418 Holcombe St. property would affect the neighborhood community we have created and enjoyed over the years. Objectively, I ask, does the proposed license application for short term rental improve or maintain our neighborhood community? I can honestly answer "no, it wouldn't" Thank you for letting me submit my concerns. i Paul Valerius 417 Holcombe St South Stillwater, MN 55082 2 Jenn Sundberg From: Cherlyn Wichser Sent: Tuesday, January 18, 2022 6:30 PM To: Planning Dept Subject: Meeting ID 160 877 9021 [CAUTION] *** This email originated from outside the organization. *** Do not click links or open attachments unless you recognize the sender and know the content is safe. Planning Commission of City of Stillwater: This letter is in response to meeting ID: 160 877 9021 property location 418 Holcombe Street S. Scott and Deidra Swenson application for approval for a type B short term home rental license. Our names are JD and Cherlyn Wichser property owners of 320 Holcombe Street S. We are writing this letter in opposition to the proposed short term rental license applied for by our neighbors at 418 Holcombe Street S. There are numerous reasons why short term vacation rentals are far from ideal for a family centric, historic neighborhood like ours on and around Holcombe Street. In purely fiscal terms does the Swensons opportunity for financial gain add or diminish value for the rest of the neighborhood? Because the sale of homes in this neighborhood is primarily to families with children the notion of having transient vacationers weekly or even daily in a home nearby would not be a value adding asset for neighboring properties. We do live in a very desirable old town location close to downtown, the historic courthouse, the St. Croix River and many highlighted events. What would stop other residents in this neighborhood from "cashing in"and renting out their spare space for transient renters as well? We feel this would be a detrimental precedent to set. We already have bed and breakfast establishments less than an eighth of a mile away from this address to accommodate transient renters. These establishments are run and managed by experienced full-time hospitality specialists. These individuals understand how to vet, care for and manage guests within an established residential neighborhood. We assume that the Swensons have other jobs and responsibilities and may not have the time, experience or expertise to manage weekly or daily transient renters within a residential neighborhood. I don't believe that the outlying neighborhoods (non -historic neighborhoods such as Liberty on the Lake, Settlers Glen, Croixwood etc.) allow transient renters in their single family homes because of established guidelines set by homeowners associations. Because our historic Stillwater neighborhoods do not have associations we are not protected by homeowner association rules, regulations and guidelines. We rely on the City of Stillwater to protect our unique residential neighborhoods. We depend on you to help us maintain and continue to be stewards of these special neighborhoods. These historic neighborhoods area a large part of what makes Stillwater special and unique and allowing transient renters in residential homes will most certainly disrupt the dynamic and character of these neighborhoods. For these reasons we ask that the short term home rental license for 418 Holcombe Street S. be denied in order to preserve and protect our historic residential neighborhood. Thank you for your time and commitment to our city, 1 JD Wichser Cherlyn Wichser 320 Holcombe Street S. 2 illwater THE 6 4 R T H P L A C E OF- MINNESOTA PLANNING REPORT TO: MEETING DATE: APPLICANT: LANDOWNER: REQUEST: LOCATION: DISTRICT: REPORT BY: Planning Commission January 26, 2021 Jim and Sarah McFarland Jim and Sarah McFarland CASE NO.: CPC-2022-04 Consideration to allow a Type B Short Term Home Rental in the RB Zoning District, at the specified address. 816 William Street North RB (Two -Family Residential) Graham Tait, former City Zoning Administrator Abbi Jo Wittman, City Planner INTRODUCTION Mr. and Mrs. McFarland own the corner lot at 816 William Street North in the North Hill neighborhood. The McFarland's have applied for a Type B' Short Term Home Rental (STHR) license for the Accessory Dwelling Unit located above the detached accessory structure. It is noted that the Property Owners will still reside in the primary residence and be onsite, or located within s 30-minute drive, during all guest stays. This property is located in the RB Two -Family (RB) zoning district, which outright permits Type B STHR's, but does however, require a license. Part of these licensing requirements for the RB zoning district include a neighborhood notice to all properties within 150' of the subject property. If no objections are received from the neighborhood notice, the license can be approved administratively; however, if objections are received the license application must be considered by the Planning Commission. In the instance of this STHR application, there was an objection received, therefore the Planning Commission must hold a hearing to consider the license request and comments from the neighbors. ' "City Code Section 41-8. Subd. 2. (4). Short term home rental, Type B (unhosted short term rental), means a dwelling unit that is offered to transient guests for a period of less than 30 consecutive days, where the property serves as a person's primary residence but a primary resident of the property is not present while the transient guests are present. This Type B also includes short term home rental of any accessory dwelling units, non -owner occupied duplexes or "mother-in-law" apartments." CD 2022-04 PC - January 26, 2022 Page 2 SPECIFIC REQUEST The applicant is requesting approval of a Type B Short Term Home Rental license for the property at 816 William Street North. ANALYSIS City Code indicates that, after considering the license request and comments from the neighbors, the Planning Commission may either approve a one-year provisional license, with or without conditions, or deny the license request. The City has received one objection letter (enclosed for Commission review) that expresses objection to having a Type B STHR at 816 William St N (See "Objections Map"). The letter mainly stated two main reasons of why this STHR is objectionable: 1. Public Safety concerns regarding the transient guests. These concerns emphasized that this neighborhood is made up of "family homes" has with lots of kids. 2. Public Safety concerns regarding traffic. There were concerns that this neighborhood there is a lot of foot traffic on Elm street and no sidewalk. There are challenges with backing out of driveways that transient (unfamiliar) guests might struggle with. Specifically addressing the nuisance and public safety concerns, it should be noted the City does require all STHR licenses to have a manager located within 30 minutes of the subject property. The Swenson, however, have elected to be their own manager, noting in their application they will be onsite during all guest stays. This, in combination with the fact that the unit may only accommodate three guests, is likely to help reduce potential nuisance concerns. Additionally, the public safety concerns expressed are no different than those the City has fielded in opposition to STHRs in other neighborhoods and these licensed STHRs have proved to not be a nuisance/concern once licensed have been issued. Furthermore, the license process itself affords the City the opportunity to review unique site -specific conditions, consider additional reasonable conditions and provides a mechanism to revoke the license if the use indeed is found to be a nuisance or safety issue. Especially with the initial one-year provisional license, the City has broad discretion to revoke if issues arise. Lastly, it is important to note that the specific property at 816 William St North has no open or recent violations or impending enforcement actions (including no nuisance violations). POSSIBLE ACTIONS The Planning Commission has the following options: A. Approve a one-year provisional license2 with the following conditions: 1. Plans shall be substantially similar to those found on file with Case CD 2022-04, except as modified by the conditions herein. 2 "City Code Section 41-8. Subd. 6. (2). d. If the planning commission approves a one-year provisional license and there are no substantiated relevant complaints from neighbors or guests during the provisional year, the license will automatically extend two additional years." CD 2022-04 PC - January 26, 2022 Page 3 2. All conditions stated in the license must be adhered. A STHR may be suspended or revoked if conditions of the license are not followed. B. Deny the requested STHR license. With a denial, findings of fact supporting the decision must be provided. C. Table the request for additional information. FINDINGS AND RECOMMENDATION The City Council has, in the past, debated the appropriateness of STHR's in residential zones and it was determined that this use is appropriate, provided a license is obtained. This property is located in the RB (two-family residential) zoning district, where STHR's are outright permitted. In addition, the owner will remain onsite or be located within 30 minutes of all guest stays. This will help reduce potential nuisance issues this four -guest unit could possibly create. Staff has found that the application submitted by Mr. and Mrs. McFarland meets all of the requirements of the City Code Section 31-514. Subd. 8. Performance Standards3 which are incorporated into the license itself. Therefore, staff recommends approval of a one-year provisional Type B Short Term Home Rental license for the property at 816 William Street North. The Planning Commission may consider additional reasonable conditions if reasonable concerns are raised. Attachments: Site Location Map STHR Application Guest Welcome Letter Public Comment cc: Jim and Sarah McFarland 3 Performance standards include: requirement for onsite parking, guest stay duration, maximum occupancy, management information including proximity distance, guest disclosures, trash, signage, events, insurance, etc. 5flllwater The Birthplace of Minneeot J tf'kf+�_RY h .t �i Ar 4.. i11water Planning Department Property Owner to complete sections A-G. Short Term Home Rental License Application ❑ License Application Fee: $300 (fee includes initial inspection) ❑ Background check fee $15 ❑ If applicable, Conditional Use Permit Application fee $525 Date Paid: Receipt No.: A. Property Owner's Information (To be completed by Property Owner) 1. 2. 3. 4. 5. 6. 7. 8. Site Address of Short -Term Home Rental: %1 Y l Property owner's name: )0M ti 11 it f`C _ Property owner's Address (if not primary residence): Property owner's phone number: IWt Public phone Number: Property owner's email: or N Type A's and B's only: Is this property your primary residence?111 Have you Homesteaded the property with the County? Y or N MN Sales Tax ID number OR SSN to be used for MN Department of revenue reporting (SSN kept confidential): MN Sales Tax ID # OR SSN B. Operators information (To be completed by Property Owner only if applicable) 1. 2. 3. 4. Operator's name: Operator's address: Operator's phone number: Public phone number: Operator's email: C. License Type (To be completed by Property owner) 1. 2. 3. 4. 5. Type of Short -Term Home Rental you are applying for? Circle one. Type A Type B' Type C Will the property owner be present during stay? Y or N If not, address while away: If not, average drive time between addresses: I understand that If I am applying for a Type C license, OR if my property falls under the R1 Building Code requirements, I will be required to submit certified Building plans showing my compliance with the STHR Building Cod m-, Y N N/A 0. Facility Information (To be completed by property owner) 1. Number of legal bedrooms? t 2. Number of bedrooms to be offered to guests? 3. Maximum number of guests to be allowed by owner/operator: 4. Number of off-street parking spaces on the property for guests: 1,--- 5. Are each of the off-street parking spaces either in a garage or on bituminous or 6. Building Square footage: a. Total Building square footage 'JU All floors including concrete surfaces? Yes No basement and occupied attics. which includes, guests name, hours if requested? Short -Term Home Rental (other Anything over 4,500 must be sprinkled. i. Basement ii. 1n floor iii. li. 2nd floor iv. Additional stories 7. Per Ordinance 1093, I agree to keep a vehicle registration log of all guests' vehicles vehicle license p . : umber, make/ model, and provide it to the city within 48 No 8. Will guest boats and/or other trailers/RVs be allowed? Yes No 9. Have any exterior home alterations been done, or pl ned, to accommodate the than extra parking spaces for guests)? Yes No If yes, please explain: E. Listing Information: (To be completed by Property Owner) 1. On which websites will the Short -Term Home Rental be listed? AV60 2. Will the Short -Term Home Rental be listed or advertised anywhere else? If so, please give specifics. I\U Updated 10/2021 Page 2 . Required attachments: (To be completed by Property Owner) 1. Submitted background check authorization form and $15 payment for 2. Site plan, drawn to scale, showing parking and driveways, all structures guests will be allowed to use, including, but not limited to, deck/patio, X3. Floor plans, drawn to scale, of the home identifying which rooms will X4. Proof of suitable and sufficient insurance. . 5. A copy of the Guest Disclosure, or "Welcome Letter" required by Ordinance ‘;A:(6. Minnesota Sales Tax Account Number (7 digits) OR proof that Minnesota for. X7. $300 payment for license application and initial inspection. If Type Permit Fee is required. ***If your property falls under the R1 Building Code category for Short Plans showing your compliance with the Short -Term Home Rental information on the Building code categories see the STHR packet. EACH background check required. and outdoor recreational areas that barbeque grill, recreational fire, or sauna. be used as transient guest bedrooms. 1093, Subd. 7 E. Tax Account Number has been applied C, and additional $525 Conditional Use Term Home Rentals, Certified Building Building codes are required. For more G. Signatures: (To be completed by Property Owner) Property owner's name: )1NA A --WILVAA AtfrlAtil I By signing this application form, I certify that to the best of my knowledge the property meets, and will be operated according to, the standards found in Ordinance 1093. n � �� Zk . Z Property owner's signature: � � Date: • — 1 I If applicable: Operator's name: By signing this application form, I certify that to the best of my knowledge the property meets, and will be operated according to, the standards found in Ordinance 1093. Operator's signature: Date: Updated 10/2021 Page 3 Welcome! Welcome to our home in the historic city of Stillwater. We hope you enjoy your stay. As our guests and guests of the community, here is some helpful information and rules we ask you to follow: Contact Information: • Sarah & Jim McFarland: 816 William St. N. o Sarah cell o Jim cell: o Texts and phone calls will be answered and returned as quickly as possible. Sarah and Jim work during the day, 7:30a-3:30p, Monday -Friday, and will have limited availability during this time. Responses can be expected within four hours during the workday and more quickly on the weekends. Thank you for your patience and understanding! Guest Rules & Information: • Maximum number of guests in rental property: Four • Maximum number of vehicles: o There will be driveway spaces for two vehicles. Please park side -by -side. o Please do not park boats, trailers, or RVs in the driveway. o Please do not park on the street or in the driveway of the main house. • For now, there is no patio/outdoor feature attached to the rental property (will be added Spring 2022). If you would like use of the patio, grill, and fire -ring of the main house, please communicate with the owners. Arrangements can be made! • NOTE: City noise ordinances will be enforced by the Stillwater Police Department, including reduced noise levels between 10 PM and 8 AM. Likewise, events are not allowed on the premises. That means that no more than three unregistered guests can gather on the property. Additional Contact Information: • Fire department (non -emergency): 651.351-4950 • Police department (non -emergency): 651.351-4900 Stillwater Websites-of-Interest: • Stillwater Convention and Visitor's Bureau: http://www.discoverstillwater.com/ • Stillwater Independent Business Association: http://www.mainstreetstillwateriba.com/ • Stillwater Area Chamber of Commerce: http://greaterstillwaterchamber.com/ Jenn Sundberg From: Carrie Robertson Sent: Monday, December 6, 2021 5:46 PM To: Jenn Sundberg Subject: Vacation home license application at 816 William St. N. [CAUTION] *** This email originated from outside the organization. *** Do not click links or open attachments unless you recognize the sender and know the content is safe. Dear Ms. Sundberg: We are against our neighbor's request for a license to operate a Type B vacation rental. The applicant's property is at 816 William Street North. Their garage faces Elm Street directly across from our house at 608 Elm Street West, and the space they want to rent is located above the garage. The front window of this space faces our house. When the owners applied for a variance to build the two-story garage, they told us and other neighbors that the living space would be used for visiting family members, like a mother-in-law apartment. Had we known that they were going to seek a license to use it as a short-term vacation rental, we would have objected to the variance. Our residential neighborhood is made up of family -owned homes. We feel secure and safe in this neighborhood because we rely on each other in ways that can only happen by knowing each other over time. Allowing a constant turnover of strangers to rent a space in the neighborhood for 30 days or less greatly reduces our safety and security. In addition, this neighborhood includes many families with small children. Elm Street is the main thoroughfare for children who attend and participate in activities at Stonebridge Elementary. We have a lot of foot traffic on Elm Street and no sidewalks. All of us in the neighborhood know to be very cautious when backing out of our driveways and driving on Elm because there are adults with dogs and children walking by. Strangers will not likely show the same courtesy. We know that the licensing ordinance requires the property owners to share contact information with neighbors and that the city may revoke a license if it receives numerous complaints. We don't even want to have to deal with potential issues that come with short-term renters. The homes in this neighborhood are set close together and noise travels. For the reasons stated above, we object to the granting of a Type B vacation license. Sincerely, Gary and Carrie Robertson 608 Elm St. W. Stillwater MN 55082 1