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Home My WebLink About2022-04-27 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://stillwater-mn.zoomgov.com/j/1608779021 or by calling 1-646- 828-7666 and enter the meeting ID number: 160 877 9021 PLANNING COMMISSION MEETING April 27th, 2022 REGULAR MEETING 7:00 P.M. I. CALL TO ORDER II. ROLL CALL III. APPROVAL OF MINUTES 1. Possible approval of minutes of March 23rd, 2022 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 act on the proposed item. 2. Case No. 2022-13: Consideration for a Preliminary and Final plat. Property located at 516 Myrtle Street West in the RB district. Michael Koch of PMI Homes, Inc., applicant and Steve and Lynn Thron, property owners. 2. Case No. 2022-19: Consideration of a Conditional Use Permit and associated Variances for a large building project. Property located at 107 3rd Street North in the CBD district. Nathan Landucci of Browns Creek West LLC, property owner. - Applicant has tabled until the May meeting 3. Case No. 2022-20: Consideration of associated Variances to construct a patio and pergola. Property located at 1225 Pine St W in the RA district. Darwin and Kim Dean, property owners. VIII. DISCUSSION 4. Discussion of election of officers IX. FYI — STAFF UPDATES X. ADJOURNMENT ilivater THE 1INTNYLACE OF MINNESOTA PLANNING COMMISSION MEETING MINUTES March 23, 2022 REGULAR MEETING 7:00 P.M. Chairman Dybvig called the meeting to order at 7:00 p.m. Present: Chairman Dybvig, Commissioners Hansen (left at 7:33 p.m.), Hoffman, Knippenberg, Meyhoff, Steinwall, Councilmember Odebrecht Absent: None Staff: City Planner Wittman APPROVAL OF MINUTES Possible approval of minutes of February 23, 2022 regular meeting Motion by Commissioner Hansen, seconded by Commissioner Hoffman, to approve the minutes of the February 23, 2022 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. 2022-12: Consideration of a Variance to the pool location requirements to allow a pool in the side yard. Property located at 1220 Broadway Street North in the RB district. Nik Hawley, Performance Pools, applicant and Sam Mahn, property owner. Ms. Wittman stated that the property owners would like to install an 18' x 36' in -ground pool. The property is a corner lot that essentially has no rear yard. City Code indicates pools must be located in the rear yard at least ten feet from any property line. Therefore, the property owner is requesting a variance to locate the pool in the interior side yard of the property. Staff recommends approval with four conditions. Nik Hawley, Performance Pools, emphasized the intent is to keep everything behind the house. Chair Dybvig opened the public hearing. There were no public comments. The public hearing was closed. Motion by Commissioner Meyhoff, seconded by Councilmember Odebrecht, to approve Case No. 2022-12, Variance to the pool location requirements to allow a pool in the side yard at 1220 Broadway Street North. All in favor. Planning Commission March 23, 2022 Case No. 2022-13: Consideration of Variances to the Side and Rear Yard setbacks for an existing, six -unit apartment building. Property located at 516 Myrtle Street West in the RB district. Michael Koch of PMI Homes, Inc., applicant and Steve and Lynn Thron, property owners. Ms. Wittman reviewed the case. The applicants are requesting the City Council's consideration of a Resubdivision to split the property into two lots. The existing structure would not meet rear yard setbacks as a result of the resubdivision. Therefore, the owner is requesting a 5' variance from the RB two-family district rear yard setbacks of 25 feet to reduce the setback to 20 feet. The approval of the variance would re -orient the lot and eliminate the historic lawn area used for the former school. A neighbor voiced concern about the lot split and addition of a driveway, adding that the re -orientation would result in a small shed being in what would become the front yard. Staff finds that the proposed configuration is not inconsistent with the neighborhood and the property owner has shown that both properties resulting from the resubdivision generally conform to the intent of the Zoning Code. Therefore staff recommends approval of the variance with two conditions. Chair Dybvig opened the public hearing. Pat Kelly, 604 Myrtle Street, asked if the building would have a new address if the resubdivision occurs. Ms. Wittman said it would have a Martha Street address if the resubdivision is approved. Mr. Kelly said he has learned about his circa 1856 home and surrounding neighborhood from local historian Don Empson, who authored The History of the Greeley Residential Area. The German Schoolhouse (now the apartment building) is noted in the book. Mr. Kelly objects to changing the street address because the structure would then be lost in history. Additionally, the parking in the area is complicated by the Myrtle Street hill and the steep hill going down Martha Street to the east. There are 3-4 residents who park on Martha in the winter which would block sight lines from a future driveway and from Mr. Kelly's driveway. He also is concerned that a subdivision may put the remaining lot over imperious surface coverage limits. Ms. Wittman clarified the plans and said the design of a future new house would require Heritage Preservation Commission review. This hearing is for the variance. A new notice will be provided to neighbors regarding the subdivision. Chairman Dybvig closed the public hearing. Commissioner Hansen noted the lot is massive and the request is reasonable. Nothing on the lot will change if the variance is granted. Commissioner Steinwall agreed the variance request is minor. Concerns about the subdivision itself can be raised before the City Council or the Heritage Preservation Commission. Councilmember Odebrecht noted he has little concern that the address change would hinder historic researchers. Chairman Dybvig said his only concern is that the utility shed would end up in the front yard. He suggested adding a condition to move the shed to a different location on the property. Motion by Commissioner Hoffman, seconded by Commissioner Steinwall, to approve Case No. 2022-13, Variances to the Side and Rear Yard setbacks for an existing, six -unit apartment building at 516 Myrtle Street West with the two staff -recommended conditions, adding Condition #3 Page 2 of 5 Planning Commission March 23, 2022 stating "The garden shed shall be moved from the front yard prior to the release of new deeds." Motion passed 5-1 with Councilmember Odebrecht voting nay. Case No. 2022-17: Consideration of a Zoning Text Amendment regarding swimming pool locations. City of Stillwater, applicant. Ms. Wittman reported that the City restricts pools to the rear yard of properties. However, when a pool is proposed for a corner lot, this regulation is hard to achieve. The City has granted variances to allow for pools to be located in an interior side yard of corner lots. However, variances are intended for dimensional standards and, therefore, granting a variance to allow for a pool to be located in a side yard (opposed to a rear yard) is not entirely in line with the requirements set forth for the issuance of a variance. The City is requesting approval of a Zoning Text Amendment to establish pool location requirements for corner lots. Chairman Dybvig opened the public hearing. There were no public comments. He closed the public hearing. Motion by Commissioner Hansen, seconded by Commissioner Steinwall, to recommend that the City Council adopt an ordinance amending Stillwater City Code Chapter 31-514, Subd. 5 regarding Corner Lot Swimming Pools and amending Chapter 33- 2, Subd. 4(1) regarding Corner Lot Swimming Pools. All in favor. Case No. 2022-15: Consideration of a Conditional Use Permit for an Accessory Dwelling Unit and Variances to Maximum Accessory Structure Coverage. Property located at 1015 Olive Street West in the RB district. William and Ashleigh Harris, property owners. Commissioner Hansen recused himself from the remainder of the meeting noting a conflict of interest with this Case. Ms. Wittman stated that the property contains a single family residence, three -car garage converted from an old horse barn, and small garden shed (intended for removal). With the exception of the garden shed, the structures on this property were constructed prior to 1904. The property owners have begun to convert the former barn (turned three -car garage) into accessory structure space for their family. Their short-term use of this structure is for personal (not business) needs. Eventually they would convert the barn into an Accessory Dwelling Unit (ADU) to accommodate their family's needs. In the future, they also would like to attach a three -car garage onto the east side of the residence. The property owners are aware that some of the work already completed is in conflict with City Code. The City has asked the applicants to stop work and come into compliance with zoning code requirements prior to finishing the current exterior alterations. Properties in the RB zoning district may only have two accessory structures, specifically stating one garage and one other accessory structure, not to exceed 120 square feet. Since the property owners no longer intend to use barn as a garage, the 816 square foot structure does not conform to the 120 square foot maximum. Additionally, when combined with the future 1,144 square foot, three -car garage proposed for the future, the property would be well in excess of the maximum 1,000 square feet of accessory structure coverage. This request is multi -fold and the property owners have noted the work will be done in phases. The applicants intend to preserve the structures, remodel and reuse the former horse barn, which agrees with the City's preservation goals. The applicant is requesting: • A 696 square foot variance to the 120 square foot maximum "other" accessory structure size; • A 960 square foot variance to the 1,000 square foot maximum accessory structure coverage; • Variances associated with size and setbacks required for an Accessory Dwelling Unit; and • A Conditional Use Permit to allow for an Accessory Dwelling Unit in a historic barn. The City Page 3 of 5 Planning Commission March 23, 2022 received two comments from neighbors concerned about the size of the attached garage. Noting the unique factors to the property, staff recommends approval of the Conditional Use Permit and variances with nine conditions. Commissioner Steinwall asked, will the new garage built on the extra lot? Ms. Wittman answered yes. Staff recommends another condition that there be a lot combination prior to issuance of a building permit for the garage addition. Chair Dybvig asked, if the lot were subdivided, would the proposed garage then be in compliance with structural coverage requirements? Ms. Wittman replied it would probably be still well in conformance. William Harris, applicant, offered to answer questions. They have studied the history of the house, built in 1870, and want to preserve as much of the history as possible. Ashleigh Harris, applicant, said emphasized their desire to maintain the history of the property. They wish to use the former barn to expand their family space. Commissioner Steinwall asked why there are no plans yet for the ADU. Mr. Harris answered they do not plan to reconfigure the structure, only change its use. Ms. Wittman added that she discussed with the applicants the possibility of adding a bathroom which would not be allowed without it being an ADU. Commissioner Steinwall stated that the request for a CUP to allow for an ADU would not be needed if they are going to use the former barn only for additional family space. Mrs. Harris responded that City Planner Wittman informed them it would be best if they ever want to use that space for anything else in the future, and add a bathroom/water, that those future plans be considered now. Mr. Harris added that in the future they may want to use the space as a mother-in-law suite. Ms. Wittman said, because the Harrises had a long term vision, staff encouraged them to show the entire project. Councilmember Odebrecht said he appreciates the vision and historic context but underscored the need to keep working with the City so stop orders are not needed. Chair Dybvig opened the public hearing. Joe Metzger, 1008 Oak Street West, spoke in support of the project. Chairman Dybvig closed the public hearing. Commissioner Steinwall thanked the applicants for their historic preservation focus. She voiced concern that, because the overall size of the proposed ADU could be about twice that allowed by ordinance, there would be nothing to prevent future subdivision of this large parcel to create a new house in the rear yard. She suggested if there are no plans to create a living space but to use the barn for family space only, the request for a CUP should be withdrawn. Commissioner Knippenberg said the uniqueness of the property outweighs some of those concerns, and she appreciates the focus on preservation. Councilmember Odebrecht said a three car garage feels out of scale. He asked if the applicants would be comfortable with a two car garage. Page 4 of 5 Planning Commission March 23, 2022 Mr. Harris pointed out there are many historic houses with three -car garages. They want to mirror the look of the barn which currently has three stalls. Commissioner Hoffman noted when garage plans are done it will probably not dominate the lot. Motion by Councilmember Odebrecht, seconded by Commissioner Hoffman, to approve Case No. 2022-15, Conditional Use Permit for an Accessory Dwelling Unit and Variances to Maximum Accessory Structure Coverage at 1015 Olive Street West, with the nine staff -recommended conditions, adding Condition #10 stating, "The properties shall be combined with Washington County Property Records and Taxpayer Services prior to issuance of a building permit for the attached garage." Motion passed 5-1 with Commissioner Steinwall voting nay. NEW BUSINESS There was no new business. DISCUSSION There were no discussion items. FYI STAFF UPDATES City Administrator Ms. Wittman reported that a new City Administrator, Joe Kohlmann, has been hired. ADJOURNMENT Motion by Commissioner Steinwall, seconded by Councilmember Odebrecht, to adjourn the meeting at 8:11 p.m. All in favor. ATTEST: Abbi Wittman, City Planner John Dybvig, Chair Page 5 of 5 Ulwater THE BIRTH P L A C E OF MINNESOTA PLANNING REPORT TO: Planning Commission CASE NO.: CD 2022-13 MEETING DATE: April 27, 2022 APPLICANT: Michael Koch of PMI Homes, Inc. LANDOWNER: Steve and Lynn Thron REQUEST: Preliminary Plat approval of Myrtle View (PID 2803020310006) LOCATION: 516 Myrtle Street West DISTRICT: RB — Two Family Residential zoning district NCD — Neighborhood Conservation (Overlay) District COMPREHENSIVE PLAN: Low/Medium Density Residential REPORT BY: Frannie Nielsen, Interim Zoning Administrator INTRODUCTION Steve and Lynn Thron own the property at 516 Myrtle Street West and are requesting the Planning Commission's consideration of a Preliminary Plat to split the property into two lots. The purpose of the proposed preliminary plat is to subdivide the parcel into two lots, one for the existing 6-unit dwelling and a new lot for a single-family home on the resulting southern parcel. City staff determined an error was made in the initial acceptance of the PMI/Thron application. The lot split cannot be processed as a resubdivision as the subject property has never been platted. Thus, the applicant is going through a standard subdivision review process and, as part of that process, no variance would be required. The applicant must show each property and its improvements conform to all RB base zoning district requirements. SPECIFIC REQUEST In order to subdivide the property as proposed, the applicant has requested approval of the following: 1. A Preliminary Plat for Myrtle View (PID 2803020310006). CD 2022-13 April 27, 2022 Page 2 EVALUATION OF REQUEST PRELIMINARY PLAT Lots Lot 1 Proposed Lot 2 Proposed Minimum Lot Width (50 ft) 129 ft min / 151 ft max 85 ft Minimum Lot Length (100 ft) 134 ft 134 ft Minimum Lot Area (7,500 sq ft) 22,915 sq ft 11,440 sq ft Lots 1 and 2 as proposed conform to the minimum standards set forth for the proposed zoning district. 516 Myrtle is guided as Low/Medium Density (requiring 5-9.7 units/acre). As it sits, the split will be about 4.6 units per acre. However, when averaged with the whole block (the 7 units on these two properties and the other 13 single family homes), the block's density will be 7.25 units/acre. The proposed Preliminary Plat is substantially in conformance with density requirements. Existing Improvements Proposed Lot 1 currently has the 6-unit dwelling, a parking garage, and a small shed. The shed is considered nonconforming; a condition of approval for a previously granted variance was to move the shed into a conforming location or remove the shed. A similar condition of approval will be applied to the Preliminary Plat approval. The proposed platting of the two lots results in Lot 1 having greater other impervious surface coverage than the allowed 25% in the RB district. Lot 1 will result in approximately 29% other impervious surface coverage following the platting of two lots. The applicant is proposing to reduce the other impervious surface coverage to 25%. Reducing the impervious surface to 25% shall be a condition of approval. Impervious surface requirements will be met for Lot 1 and Lot 2 upon meeting the conditions of approval. Proposed Improvements As part of the Preliminary Plat, a stone wall is being proposed. Stamped engineer drawings will be required for construction of the wall. Drainage and Utility Easements Drainage and utility easements are being proposed as part of the Preliminary Plat. A 10' wide easement is proposed along the street right-of-way and 5' wide easements are located along the interior lot lines. Wetland Impacts CD 2022-13 April 27, 2022 Page 3 There are no wetlands on the site. Tree Preservation and Landscaping The subdivision ordinance requires three trees on average for every planned lot (City Code Ch. 32, Subd. 6 (13)(q)(1)), whether tree replacement is required by the zoning ordinance or not. A total of 3 trees will be required for the new Lot 2 requested in this preliminary plat. Lot 1 is proposed to have 4 trees and Lot 2 is proposed to have 4 trees for a total of 8 trees which meets the requirement. City Code Ch. 32, Subd. 5 (c) states that if 35 percent or less of trees are removed, no replacement planting is required. The applicant is proposing to remove less than 35% of trees on the site and therefore is not required to replant trees other than as defined above. Park and Trail Dedication The Comprehensive Plan's park element shows no planned parks on or through the property. So, the contribution to the park system would likely have to be in the form of a fee in lieu of land, which is $2,000 per new lot created. No sidewalks or trails are proposed on the property. Therefore, the contribution to the trail system would have to be in the form of a fee in lieu, which would be $500 per new lot created. Therefore, the total park and trail fee would be $500 for only Lot 2, for a total of $2,500. As with the development fees, this will be payable prior to release of the final plat from City offices. Development Agreement and Fees As no public improvements are required for this subdivision, no Developer's Agreement is required. Appeals On March 30, 2022, the City received an appeal to the Planning Commission's decision from Patrick Kelly, 604 Myrtle Street West. Mr. Kelly's appeal notes the structure, originally constructed as a German schoolhouse, is addressed as 516 Myrtle Street West. If the lot split were to occur, the address of the (former) schoolhouse would change. Mr. Kelly indicates he believes "a Substantive Due Process that addresses the rationality or reasonableness of the substance of the decision itself is required and the reason for the appeal." Mr. Kelly further questions the authority to change the address of the (former) schoolhouse. Given the actions that have occurred since the Planning Commission's public hearing, the City is processing this appeal according to State law and has started a new process to consider the formal subdivision after the variance appeal has been acted upon. ALTERNATIVES CD 2022-13 April 27, 2022 Page 4 A. Approval. If the Planning Commission finds the Preliminary and Final Plats to be consistent with the purpose of the Subdivision Ordinance, the Commission should move to recommend approval, with the following conditions: 1. The existing shed on proposed Lot 1, Block 1, shall be moved to be out of the front yard and the drainage and utility easement. 2. Stamped engineer drawings must be submitted and approved at the time of building permitting. 3. Impervious surface coverage on each individual lot shall not exceed 25% for structural coverage and 25% for other impervious surfaces. The applicant shall remove and provide evidence of impervious surface conformance prior to the release of the plat. 4. The site shall be developed in substantial conformance with the following plans on file with the Community Development Depa'tment, except as may be modified by the conditions herein: • Preliminary Plat Myrtle View 5. If determined acceptable by the Park and Recreation Commission, this development will be responsible for paying dedication fees to the City for park and trail dedication fees. These fees will be due prior to release of the final plat from the City for recording with Washington County. B. Table. If the Planning Commission finds the request to have incomplete information, the case should be tabled. C. Denial. If the Planning Commission finds the request to be inconsistent with City Code, it should recommend denial. The Planning Commission shall provide findings for the basis of this recommendation. FINDINGS AND RECOMMENDATION Staff finds the proposed preliminary plat to be consistent with the purpose of the Subdivision Ordinance. Therefore, staff would recommend the Planning Commission recommend approval with the conditions outlined in alternative A, above 1. The existing shed on proposed Lot 1, Block 1, shall be moved to be out of the front yard and the drainage and utility easement. 2. Stamped engineer drawings must be submitted and approved at the time of building permitting. 3. Impervious surface coverage on each individual lot shall not exceed 25% for structural coverage and 25% for other impervious surfaces. The applicant shall remove and provide evidence of impervious surface conformance prior to the release of the plat. CD 2022-13 April 27, 2022 Page 5 4. The site shall be developed in substantial conformance with the following plans on file with the Community Development Department, except as may be modified by the conditions herein: • Preliminary Plat Myrtle View 5. If determined acceptable by the Park and Recreation Commission, this development will be responsible for paying dedication fees to the City for park and trail dedication fees. These fees will be due prior to release of the final plat from the City for recording with Washington County. Attachments: Site Location Map Preliminary Plat Conceptual Grading Plan Final Plat cc: Steve and Lynn Thron Michael Koch z.: 211AI� t' -��sP IN 1■ e1 W4P La fIL�C• L rills..®® „'t '� • 1 \ • • \ 1 \ • < , • \ , / Y / < \ v / V •' J • I \, <, / , • Y • / \ v' - • 1 c•`•\ 1 1 • • - \ .� ' ' ,; 1\ • 1• " \ • <\1•\• - • / \- • •• _/ /-\/\ A \_/ (NOT TO SCALE) VICINITY MAP SECTION 28, TOWNSHIP 30 NORTH, RANGE 20 WEST, WASHINGTON COUNTY, MINNESOTA 60 889.2 - 889.45 872.2 U 888.9 891.5 W 8,0.E U :87 w BW 887 8- 886 6BW 0 SW CORNER OF SEC. 28, T30, R20 SOUTH LINE OF THE FOUND WASHINGTON COUNTY CAST IRON / SW 1/4 OF SEC. MONUMENT i 28, T30, R20 S89°44'10"E j 2642.33 PROPOSED DRAINAGE AND UTILITY EASEMENTS ARE SHOWN AS THUS: (NOT TO SCALE) f !'11 J "(, _) Y / 1 \, 1\ A /' Y \ \ - 874.2T W NORTH LINE OF THE S I/2 OF THE NE I/il ----THE SW 1/4 OF- SEC. 28, T30, R20, PE I PERFECTED PLAT OF STILLWATER EXISTING HOU1E 7 89> X 896.7 ( ( / Y'/ ( 1 1 Y 1 \ J I 1 2' D+U X897.3 896.4 896.9 8g6.9 S89°53'58"E 1 J 1 34.48 5' D+U -_ EXISTING GARAGE 6 RESIDENCE STALLS I OWNER STALL EXISTING 6 UNIT APARTMENT BUILDING (251. N89 251. BEING 10 FEET IN WIDTH AND ADJOINING STREET LINES, AND BEING 5 FEET IN WIDTH AND ADJOINING LOT LINES AND PLAT BOUNDARIES UNLESS OTHERWISE SHOWN ON THE PLAT. D+U DENOTES PROPOSED DRAINAGE AND UTILITY EASEMENT X 895.8 STONE WALL X 876.8 oCK bo 5s.1 886.0 er7 4 885 1 X 896.2 (A) X 876.5 X 875.8 X875.5 X 883.0 -883.6TW TONE WALL r-\ lll-/ /7 EXISTING GARAGE DESC.) '28"W MEAS. 895.4= + 94. 0 0 1.11 00 EXISTING GARAGE 14"A • F- 895.9 894.7 - 874.4 EXISTING KENNEL 8q0- / -1 1 J 1 1 (1 n 1 / Imo•" ;.5X1$71IING / Hbu3 NORM & EGRESS - - - - --EASEMENT PER - - - / DOC. N0. 685518, 67723 N89°49'04 NG6855 & EGRESS EASEMENT PER DOC. NO. 677233, 4213386 NORTH LINE OF -- MYRTLE ST. 888.5N 58 e4. / 0 8 l.8TW • /5 /-'98.34FW - 875.5BW OU 877 8T M. 872.8�' co r<r - fA /1// \Y / /-( / / /r- ( 6' n Y!,` I. • 1 , Y S 1/4 CORNER OF SEC. 28, T30, R20 Z /--FOUND WASHINGTON / COUNTY CAST IRON / MONUMENT r< / //• CALL BEFORE YOU DIG! Gopher State One CaII TWIN CITY AREA: 651-454-0002 TOLL FREE: 1-800-252-1166 (117.60 DESC.) 117.11 MEAS. A\1// // XISTING OUSE > 1 0 1\� NORTH 0 30 60 7:7MMM SCALE: 1 INCH = 30 FEET SCALE IN FEET 60 60 60 /-</ //• 1//•4c/ 74 \ , ". „1\ • / \ ) LEGAL DESCRIPTION: The following legal description is as shown on the TitleSmart, Inc., as agent fro Stewart Title Guarantee Company Title Commitment No. 264338, having an effective date of March 29th, 2022. Beginning at a point in the West line of Harriet Street, as the same is laid out and established in said City of Stillwater, where the North line of the S1 /2 of the NE1 /4 of the SW1 /4 of said Section 28 intersects the same; and running thence South along the West line of said Harriet Street 237.35 feet, more or less, to the North line of Myrtle Street, as the same is laid out and established in said City of Stillwater; thence West along the North line of said Myrtle Street 251.95 feet to the East line of Martha Street, as the same is laid out and established in said City of Stillwater; thence North along the East line of said Martha Street 236.37 feet, more or less, to a point where the North line of the Si /2 of the NE1 /4 of the SW1 /4 of said Section 28 intersects said East line; and thence East along said last mentioned North line 251.85 feet more or less, to the place of beginning; EXCEPTING therefrom the following: Beginning at the intersection of the North line of Myrtle Street as the same are laid out and established, thence Northerly along the West line of said Harriet Street as laid out and established; a distance of 21 5.1 5 feet; thence Westerly a distance of 117.60 feet to a point 214.57 feet Northerly of the North line of Myrtle Street as laid out and established; thence Southerly parallel with said West line of said Harriet Street a distance of 214.57 feet to the North line of said Myrtle street; thence Easterly along said North line of Myrtle Street as laid out and established a distance of 117.60 feet to the point of beginning and there terminating. EASEMENT NOTES: The following survey related easements and encumbrances appear on the TitleSmart, Inc., as agent fro Stewart Title Guarantee Company Title Commitment No. 264338, having an effective date of March 29th, 2022. 1. Easements, if any, which appear in the public records or are shown on any recorded plat. 2. Terms and conditions of Easement Agreement for Ingress, Egress and Utility puroses as described in Document No. 421 3386. Note: Said document contains maintenance terms. 3. Terms and conditions of Ingress and Egress Easement recorded as Document No. 677233. 4. INGRESS AND EGRESS EASEMENT PER DOC. NO. 685518 (NOT SHOWN IN COMMITMENT. SURVEY NOTES: 1 . BEARINGS ARE ASSUMED. 2. UNDERGROUND UTILITIES SHOWN PER CITY OF STILLWATER ENGINEERING DEPARTMENT. 3. THERE MAY SOME UNDERGROUND UTILITIES, GAS, ELECTRIC, ETC. NOT SHOWN OR LOCATED. 4. DATE OF FIELD SURVEY BY OTHERS ON THE MAJORITY OF THE PARCEL = 2002. SUPPLEMENTED BY CORNSTONE LAND SURVEYING, INC IN 2019. DEVELOPEMENT DATA (IN SQ.FT.) TOTAL PARCEL AREA = 34,355 PROPOSED LOT 1 = 22,91 5 PROPOSED LOT 2 = 11,440 PROPOSED LOT 1 EXISTING IMPROVEMENTS TO REMAIN HOUSE = 2,836 GARAGE = 1,854 CONCRETE = 1,192 BITUMINOUS = 609 GRAVEL = 4,883 TOTAL = 11,374 EXISTING BUILDINGS = 4,690 20.5% EXISTING IMPERVIOUS = 6,684 29.2% RB - TWO FAMILY BUILDING SETBACKS: FRONT = 20' HOUSE, 30' GARAGE SIDE = TOTAL 1 5, GARAGE 5' REAR = 25' HOUSE, 5' GARAGE 25% BUILDING COVERAGE 25% IMPERVIOUS SURFACES PROPOSED REMOVALS OF GRAVEL = 952 SQ.FT. PROPOSED IMPERVIOUS = 5,734 25.0% AREA OF PARCEL BURDENED BY ACCESS EASEMENTS = 2,002 PROPOSED LOT 2 HOUSE = 2,664 (23.3% OF PARCEL) PATIO = 240 DRIVEWAY = 1,446 WALLS = 149 EXISTING WALLS = 183 TOTAL IMPERVIOUS = 2,018 (1 7.6%) NOTE: THE PROPOSED HOUSE AND IMPROVEMENTS ARE SUBJECT TO CHANGE AND FOR FOR REFERENCE PURPOSES ONLY FOR THIS SUBDIVISION. LEGEND: • 0 TV IACI EM IEPI Er 0 58 GG O or® ® or 0 FOUND MONUMENT SET 1 /2" IRON PIPE MARKED RLS NO. 25718 CABLE TV PEDESTAL AIR CONDITIONER ELECTRIC MANHOLE ELECTRIC METER ELECTRIC PEDESTAL ELECTRIC TRANSFORMER LIGHT POLE GUY WIRE POWER POLE GAS MANHOLE GAS METER TELEPHONE MANHOLE TELEPHONE PEDESTAL SANITARY CLEANOUT SANITARY MANHOLE CATCH BASIN STORM DRAIN FLARED END SECTION STORM MANHOLE FIRE DEPT. CONNECTION HYDRANT O CURB STOP • WATER WELL O WATER MANHOLE WATER METER ® POST INDICATOR VALVE '< WATER VALVE O BOLLARD C� FLAG POLE MAIL BOX TRAFFIC SIGN • UNKNOWN MANHOLE SOIL BORING TRAFFIC SIGNAL WMI IMBI to CONIFEROUS TREE DECIDUOUS TREE UE UTV OF UT Gu UG UNDERGROUND ELECTRIC UNDERGROUND CABLE TV UNDERGROUND FIBER OPTIC UNDERGROUND TELEPHONE OVERHEAD UTILITY UNDERGROUND GAS SANITARY SEWER STORM SEWER WATERMAIN FENCE CURB [TYPICAL] CONCRETE SURFACE BITUMINOUS SURFACE MYRTLE Ne 1 E W CONTACT: STEVE & LYNN THRON 730 FONTANA DR. PUNTA GORDA FL 33950 651-491-7549 thronfamily@gmail.com COUNTY/CITY: WASH 1 NGTON O U IV TY C I O F STI LLWATER REVISIONS: DATE REVISION 4-7-22 PRELIMINARY PLAT CERTIFICATION: I hereby certify that this plan was prepared by me, or under my direct supervision, and that I am a duly Licensed Land Surveyor under the laws of the state of Minnesota. Dante L. Thurmes Registration mber: 25718 Date: 4-7-22 PROJECT LOCATION: 5 7 � MYRTLE ST. W. PID#280302031 0006 Suite #200 1970 Northwestern Ave. Stillwater, MN 55082 Phone 651.275.8969 dan@cssurvey .net CORNERSTONE LAND SURVEYING, INC. FILE NAME PROJECT NO. SURVSTO2 ST02002 PRELIMINARY PLAT SITE II (NOT TO SCALE) v S VICINITY MAP SECTION 28, TOWNSHIP 30 NORTH, RANGE 20 WEST, WASHINGTON COUNTY, MINNESOTA 60 Sg3.513W - 88g.2 - - 88g.4 - 8g2.2 W- U888.61 W- 8'11.5 W 888 I 8 0. g0. V 87. SW CORNER OF SEC. 28, T30, R20 FOUND WASHINGTON COUNTY CAST IRON MONUMENT I S89°44'10"E _ - - j 2642.33 TW 13W ° VE /T. 0 4/ 04 FV 001 S' 4 SOUTH LINE OF THE -- SW 1/4 OE SEC. i 28, T30, R20 PROPOSED DRAINAGE AND UTILITY EASEMENTS ARE SHOWN AS THUS: (NOT TO SCALE) f co ;'1 A(/ _l Y ;'I \ /\ \ \ I \` / r NORTH LINE OF THE S I/2 OF THE NE 1/4 ----THE SW 1/4 OF SEC. 28, T30, R20, PE PERFECTED PLAT OF STILLWATER EXISTING HOUSE i 5' D+U 0E -8g4.2TW 12"A 2' D+U 1 EXISTING GARAGE (251.65 DESC.) N89°59 ' 28" W 251.74 , MEAS. ISTING GARAGE 6XRESIDENCE STALLS I OWNER STALL. EXISTING 6 UNIT 8q� j APARTMENT BUILDING X8g6.7 TW=896.2 BW=891.3 896.4\ \3 STONE WAL 8"A 1- 8.0! 892.5 18l-0�/ i /1/f-- V L - • i (^) ;.�\X)$11ING �) \ HbUSE J 1 \ \ ( \ 1 1 n 1 1,. V 5' D+U 1- 36"- ) "1 + NGRES & EGRESS =--iE PER - DOC. NO. 5518, J L/1 897/ /////'%//////////////////////////////////////1////////////////////� 8'36.7 X 8g6.5 X 8g6.8 TW=896.3 BW=893.1 X 8g7.3 896q� S89°53'58"E 134.481 '0°6'; X Sg5.8 BEING 10 FEET IN WIDTH AND ADJOINING STREET LINES, AND BEING 5 FEET IN WIDTH AND ADJOINING LOT LINES AND PLAT BOUNDARIES UNLESS OTHERWISE SHOWN ON THE PLAT. D+U DENOTES PROPOSED DRAINAGE AND UTILITY EASEMENT N POSSIBLE HOUSE TOP OF FOUNDATION = 894.2 GARAGE FLOOR = 893.85 BASEMENT FLOOR = 884.7 (9' POURED) ohs ems- WALKOUT XSg5.5 X 8g6.g 893.7 TW=896.2 BW=893.7 TW=893.7 8012 I \^- TW=885.8 BW=885.3 8�8.5T'W 01)4 O 5 88 BW=884.2 85. co / co // 5' D+U - X883.0 - 883.6e c r r 6) / \/r / / f /1/r r- RETAINING WALL HEIGHTS TO CONFORM TO CITY CODE REQUIREMENTS r!.` I.. (/ Y I /S INSTALL WALL PROTECTION AND DRAIN TIL IF NECESSARY / (;(A ! . • i S 1/4 CORNER OF SEC. 28, T30, R20 Z /--FOUND WASHINGTON COUNTY CAST IRON \I / MONUMENT r< / t 8g16.0 892.E T I 1 25/1tT / I I III 8g4.4 892 �II0 g901 Or; 8 l ; TW=886.3 ryy- BW=884.2 I4"A Lo O 895.g -a\ 1- WALL 4.7 EXISTING KENNEL 1.7 87 8ig.8T��5 880� 251.81 M AS. , N89 °53'S "W (25I.G15 DE C.) I r 10 / / ' / / N r co 890- TW=884.3 BW=888.3 N89°49'04 NGRESS & EGRESS EASEMENT PER DOC. NO. 677233, 4213386 NORTH LINE OF MYRTLE ST. (117.60 DESC.) 117.11 MEAS. db, OU f Y -'• CALL BEFORE YOU DIG! Gopher State One CaII TWIN CITY AREA: 651-454-0002 TOLL FREE: 1-800-252-1166 CO I I I A\/` / 4-' I i / L_ / XISTING OUSE NORTH 0 30 60 SCALE: 1 INCH = 30 FEET SCALE IN FEET \ 1 O N 1\� X 60 122 03 60 PROPOSED SYMBOLS E SET OFFSET HUB x(10254 X025:0 PROPOSED ELEVATION %. PROPOSED CONTOUR <= PROPOSED DRAINAGE SF X 985.0 DENOTES EXISTING ELEV. DENOTES SILT FENCE EXISTING CONTOURS • • LEGAL DESCRIPTION: The following legal description is as shown on the TitleSmart, Inc., as agent fro Stewart Title Guarantee Company Title Commitment No. 264338, having an effective date of March 29th, 2022. Beginning at a point in the West line of Harriet Street, as the same is laid out and established in said City of Stillwater, where the North line of the S1/2 of the NE1/4 of the SW1/4 of said Section 28 intersects the same; and running thence South along the West line of said Harriet Street 237.35 feet, more or less, to the North line of Myrtle Street, as the same is laid out and established in said City of Stillwater; thence West along the North line of said Myrtle Street 251.95 feet to the East line of Martha Street, as the same is laid out and established in said City of Stillwater; thence North along the East line of said Martha Street 236.37 feet, more or less, to a point where the North line of the S1/2 of the NE1/4 of the SW1/4 of said Section 28 intersects said East line; and thence East along said last mentioned North line 251.85 feet more or less, to the place of beginning; EXCEPTING therefrom the following: Beginning at the intersection of the North line of Myrtle Street as the same are laid out and established, thence Northerly along the West line of said Harriet Street as laid out and established; a distance of 215.15 feet; thence Westerly a distance of 117.60 feet to a point 214.57 feet Northerly of the North line of Myrtle Street as laid out and established; thence Southerly parallel with said West line of said Harriet Street a distance of 214.57 feet to the North line of said Myrtle street; thence Easterly along said North line of Myrtle Street as laid out and established a distance of 117.60 feet to the point of beginning and there terminating. EASEMENT NOTES: The following survey related easements and encumbrances appear on the TitleSmart, Inc., as agent fro Stewart Title Guarantee Company Title Commitment No. 264338, having an effective date of March 29th, 2022. 1. Easements, if any, which appear in the public records or are shown on any recorded plat. 2. Terms and conditions of Easement Agreement for Ingress, Egress and Utility puroses as described in Document No. 4213386. Note: Said document contains maintenance terms. 3. Terms and conditions of Ingress and Egress Easement recorded as Document No. 677233. 4. INGRESS AND EGRESS EASEMENT PER DOC. NO. 685518 (NOT SHOWN IN SURVEY NOTES: . BEARINGS ARE ASSUMED. 2. UNDERGROUND UTILITIES SHOWN PER CITY OF STILLWATER ENGINEERING DEPARTMENT. 3. THERE MAY SOME UNDERGROUND UTILITIES, GAS, ELECTRIC, ETC. NOT SHOWN OR LOCATED. 4. DATE OF FIELD SURVEY BY OTHERS ON THE MAJORITY OF THE PARCEL = 2002. SUPPLEMENTED BY CORNSTONE LAND SURVEYING, INC IN 2019. DEVELOPEMENT DATA (IN SQ.FT.) TOTAL PARCEL AREA = 34,355 PROPOSED LOT 2 = 11,440 PROPOSED LOT 1 EXISTING IMPROVEMENTS TO REMAIN HOUSE = 2,836 GARAGE = 1,854 BITUMINOUS = 609 GRAVEL = 4,883 EXISTING BUILDINGS = 4,690 20.5% EXISTING IMPERVIOUS = 6,684 29.2% RB - TWO FAMILY BUILDING SETBACKS: FRONT = 20' HOUSE, 30' GARAGE SIDE = TOTAL 15, GARAGE 5' REAR = 25' HOUSE, 5' GARAGE 25% BUILDING COVERAGE 25% IMPERVIOUS SURFACES PROPOSED REMOVALS OF GRAVEL = 952 SQ.FT. PROPOSED IMPERVIOUS = 5,734 25.0% AREA OF PARCEL BURDENED BY ACCESS EASEMENTS = 2,002 PROPOSED LOT 2 HOUSE = 2,664 (23.3% OF PARCEL) PATIO = 240 DRIVEWAY = 1,446 EXISTING WALLS = 183 NOTE: THE PROPOSED HOUSE AND IMPROVEMENTS ARE SUBJECT TO CHANGE AND FOR FOR REFERENCE PURPOSES ONLY FOR THIS SUBDIVISION. LEGEND: • FOUND MONUMENT 0 SET 1/2" IRON PIPE 0 or E CABLE TV PEDESTAL AIR CONDITIONER ELECTRIC MANHOLE ELECTRIC METER ELECTRIC PEDESTAL ELECTRIC TRANSFORMER LIGHT POLE GUY WIRE POWER POLE GAS MANHOLE GAS METER TELEPHONE MANHOLE TELEPHONE PEDESTAL SANITARY CLEANOUT SANITARY MANHOLE CATCH BASIN STORM DRAIN FLARED END SECTION STORM MANHOLE 0 FIRE DEPT. CONNECTION HYDRANT CURB STOP WATER WELL WATER MANHOLE WATER METER POST INDICATOR VALVE WATER VALVE BOLLARD FLAG POLE MAIL BOX TRAFFIC SIGN UNKNOWN MANHOLE SOIL BORING TRAFFIC SIGNAL * CONIFEROUS TREE DECIDUOUS TREE UE UTV UF UT OLI UNDERGROUND ELECTRIC UNDERGROUND CABLE TV UNDERGROUND FIBER OPTIC UNDERGROUND TELEPHONE OVERHEAD UTILITY UNDERGROUND GAS SANITARY SEWER STORM SEWER WATERMAIN FENCE CURB [TYPICAL] CONCRETE SURFACE BITUMINOUS SURFACE I\Alr1=Z-1-LE Ne I ENAI CONTACT: STEVE & LYNN THRON 730 FONTANA DR. PUNTA GORDA FL 33950 651-491-7549 thronfamily@gmail.com COUNTY/CITY: DATE REVISION 4-7-22 PRELIMINARY PLAT I hereby certify that this plan was prepared by me, or under my direct supervision, and that I am a duly Licensed Land Surveyor under the laws of the state of Minnesota. Date: 4-7-22 PROJECT LOCATION: MYRTLE ST. W. PID#280302031 0006 1 Suite #200 1970 Northwestern Ave. Stillwater, MN 55082 Phone 651.275.8969 dan@cssurvey CORNERSTONE LAND SURVEYING, INC. FILE NAME PROJECT NO. SURVSTO2 ST02002 CONCEPTUAL GRADING MYRTLE VIEW • \ ♦ ♦ \ ♦ < \ ( \ ♦ < , • .- \ ) / < \ `/ / V v /♦ \ J J I-\ ♦ \ \ I / < ♦ \ / - ) • \/ / ; \ v < v \• ( / < 1.♦ 1_ ) I —• r\♦ • A - 1\ \\\♦ — \ I sz • ♦ ..\, VV) ,,\ /^\ \\J /— \ / \ Y \ Y \ SW CORNER OF - SEC. 28, T30, R20 FOUND WASHINGTON COUNTY CAST IRON -MONUMENT T-. 1I • 60 FOUND I/2--' INCH IPON PIPE 60 60 'T• SOUTH LINE OF THE -- SW 1/4 OF SEC. 1 28, T30, R20 S89°44'10"E 2642.33 0 L n�1 Y ^ .11\ \ 1 r - 58 - NORTH LINE OF THE SI/2 OF THE NE 1/4 OF ----THE SW 1/4 OF SEC. 28, T30, R20, PER I PERFECTED PLAT OF STILLWATER 1 1 1 (251.85 DESC.) / I (1N89°59'28"W 1 j $ $ 251.74 MEAS. $ I I I j DRAINAGE -='-'� AND UTILITY I ,,,\_ EASEMENT 7 L S89°53'58"E 1 134.48 \ O I v o FOUND I/2 INCH IRON V PIPES MARKED 'S' A C'K" ( -• Y ♦ r ♦\I \ 1 1n FOUND I/2 INCH IPON PIPE MARKED — "PUP AV' 010 {- J 10 a) 0 0 Iri co L- ) 7 B 00( 2 134.70 S89°53'58"E "1// '' YF< // 1-- 5 1/4 CORNER OF SEC. 28, T30, R20 2r --FOUND WASHINGTON \ \\ / COUNTY CAST IRON \I / MONUMENT 2 cc 0 z (NOT TO SCALE) v-- FOUND I/2 CN ON ti� L _ PIPES' 7 /' MARKED _t 'STACK" � o 1 0 117.60 N89°49'04"E o•\ FOUND 1/2 0 N INCH 120N N \� PIPES N 1 MARKED 2L5 12002 o0 0 ) I / NORTH LINE OF ,/ �- MYRTLE ST. II / 1 251.81 MEAS. N89°53'58"W (251.c15 DESC.) ' Y I Y' • \I v' \I 1 n )\ 1 / i /-< / / 1 / 01 1 (117.60 PE -SC.) 117.11 MEAS. DRAINAGE AND UTILITY EASEMENTS ARE SHOWN AS THUS: (NOT TO SCALE) 5 �lo L- - BEING 10 FEET IN WIDTH AND ADJOINING STREET LINES, AND BEING 5 FEET IN WIDTH AND ADJOINING LOT LINES AND PLAT BOUNDARIES UNLESS OTHERWISE SHOWN ON THE PLAT. FOUND I/2 INCH 120N PIPE MARKED "STACK" � I 0 ID 60 60 60 i ,-• /-‹ / / / /K ' THE ORIENTATION OF THIS BEARING SYSTEM IS BASED UPON THE SOUTH LINE OF THE NE 1/4 OF THE SW OF SEC. 28, T30, R20, WHICH IS ASSUMED TO HAVE THE BEARING OF 589°44'10"E. o DENOTES SET 1/2 INCH X 18 INCH IRON PIPE MARKED R.L.S. 25718 UNLESS OTHERWISE INDICATED. • DENOTES FOUND 1/2 INCH IRON PIPE UNLESS OTHERWISE SHOWN. (N01 °01'48"W DESC.) DENOTES DIMENSIONS PER LEGAL DESCRIPTION (1395.68 DESC.) KNOW ALL PERSONS BY THESE PRESENTS: That Steve D. Thron and Lynn M. Thron, husband and wife, fee owners of the following described property situated in the County of Washington, State of Minnesota, to wit: All that part of the S1/2 of the NE1 /4 of the SW1 /4 of Section 28, Township 30, Range 20, described as follows: Beginning at a point in the West line of Harriet Street, as the same is laid out and established in said City of Stillwater, where the North line of the S1/2 of the NE1 /4 of the SW1 /4 of said Section 28 intersects the same; and running thence South along the West line of said Harriet Street 237.35 feet, more or less, to the North line of Myrtle Street, as the same is laid out and established in said City of Stillwater; thence West along the North line of said Myrtle Street 251.95 feet to the East line of Martha Street, as the same is laid out and established in said City of Stillwater; thence North along the East line of said Martha Street 236.37 feet, more or less, to a point where the North line of the S1/2 of the NE1/4 of the SW1/4 of said Section 28 intersects said East line; and thence East along said last mentioned North line 251.85 feet more or less, to the place of beginning; EXCEPTING therefrom the following: Beginning at the intersection of the North line of Myrtle Street as the same are laid out and established, thence Northerly along the West line of said Harriet Street as laid out and established; a distance of 21 5.1 5 feet; thence Westerly a distance of 117.60 feet to a point 214.57 feet Northerly of the North line of Myrtle Street as laid out and established; thence Southerly parallel with said West line of said Harriet Street a distance of 214.57 feet to the North line of said Myrtle street; thence Easterly along said North line of Myrtle Street as laid out and established a distance of 1 1 7.60 feet to the point of beginning and there terminating. Have caused the same to be surveyed and platted as MYRTLE VIEW and does hereby dedicate to the public for public use forever the easements created by this plat for drainage and utility purposes only. In witness whereof said Steve D. Thron and Lynn M. Thron, husband and wife, have hereunto set their hands this day of 202___. Steve D. Thron, husband Lynn M. Thron, wife STATE OF MINNESOTA COUNTY OF WASHINGTON The foregoing instrument by Steve D. Thron and Lynn M. Thron, husband and wife, was acknowledged before me on this day of , 202___. (signature) (print) Notary Public County, Minnesota My Commission Expires January 31, 202___. I, Daniel L. Thurmes, do hereby certify that I have surveyed and platted or directly supervised the surveying and platting of the property described on this plat as MYRTLE VIEW that I am a duly Licensed Land Surveyor in the State of Minnesota; that this plat is a correct representation of the boundary survey; that all mathematical data and labels are correctly designated on this plat; that all monuments depicted on the plat have been correctly set; that all water boundaries and wet lands as of this date, as defined in Minnesota Statutes Section 505.01, Subd. 3, are shown and labeled; and all public ways are shown and labeled on this plat. Dated this day of , 202___. Daniel L. Thurmes, Licensed Land Surveyor, Minnesota License No. 25718 STATE OF MINNESOTA COUNTY OF WASHINGTON The foregoing Surveyor's Certificate was acknowledged before me on this day of , 202___, by Daniel L. Thurmes, Licensed Land Surveyor. (signature) Notary Public, Dakota County, Minnesota My Commission Expires January 31, 2025 (print) NORTH 0 30 60 SCALE: 1 INCH = 30 FEET SCALE IN FEET PLANNING AND ZONING COMMISSION OF THE CITY OF STILLWATER The foregoing plat of MYRTLE VIEW was approved and accepted by the Planning and Zoning Commission of the City of Stillwater, Minnesota, this day of , 202____. By its Chairperson By its Secretary CITY COUNCIL OF THE CITY OF STILLWATER This plat of MYRTLE VIEW was approved by the City Council of the City of Stillwater, Minnesota, this day of , 202___ and hereby certifies compliance with all requirements as set forth in Minnesota Statutes, Section 505.03, Subd. 2 By , Mayor By , Clerk WASHINGTON COUNTY SURVEYOR Pursuant to Chapter 820, Laws of Minnesota, 1 971 , and in accordance with Minnesota Statutes, Section 505.021, Subd. 1 1 , this plat has been reviewed and approved this day of , 202 By Washington County Surveyor By WASHINGTON COUNTY AUDITOR/TREASURER Pursuant to Minnesota Statutes, Section 505.021, Subd. 9, taxes payable for the year 202___, on the land hereinbefore described, have been paid. Also pursuant to Minnesota Statutes, Section 272.12, there are no delinquent taxes and transfer entered, on this day of 202 By Washington County Auditor/Treasurer By Deputy WASHINGTON COUNTY RECORDER Document Number I hereby certify that this instrument was recorded in the Office of the County Recorder for record on this day of , 202_, at o'clock ____. M., and was duly recorded in Washington County Records. By Washington County Recorder By Deputy CORNERSTONE VICINITY MAP SECTION 28, TOWNSHIP 30 NORTH, RANGE 20 WEST, WASHINGTON COUNTY, MINNESOTA LANE) SURVEYING, INC Ulwater THE BIRTH P L A C E OF MINNESOTA PLANNING REPORT TO: Planning Commission CASE NO.: CD 2022-20 MEETING DATE: April 27, 2022 APPLICANT: Darwin and Kim Dean LANDOWNER: Darwin and Kim Dean REQUEST: Consideration of a Variance to front yard setbacks to construct a pergola. LOCATION: 1225 Pine Street West DISTRICT: RA —One -family District. REPORT BY: Frannie Nielsen, Interim Zoning Administrator INTRODUCTION Darwin and Kim Dean own the property at 1225 Pine Street West and are requesting consideration of a Variance to Section 31-305 (b) which requires structures be setback 30 feet for the front yard and corner lot yards abutting right-of-way. The applicant is requesting a variance to the south setback to construct a 24 feet x 23 feet pergola approximately flush with the property line and approximately 16 feet from Willard Street West. The property currently has a patio that extends all the way to the southern lot line. The applicants wish to construct a pergola to provide shade for the patio. The applicant is requesting an after -the - fact variance for lot coverage, as the existing patio puts the lot coverage over the 30% maximum resulting in approximately 37% lot coverage. The construction of the patio was erroneously approved by City Staff. SPECIFIC REQUEST Consideration of the following variance: 1. A 30' variance from Section 31-305 RA one -family district front/corner yard setbacks of 30 feet to reduce the setback to 0 feet. 2. A variance from Section 31-305 RA one -family district to increase the maximum allowed lot coverage from 30% to 37%. CD 2022-20 April 27, 2022 Page 2 ANALYSIS The State of Minnesota enables a City to grant variances when they meet the review criteria below. 1. No variance may be granted that would allow any use that is prohibited in the zoning district in which the subject property is located. The property is zoned RA, One -Family Residential. The existing and proposed uses are compatible in the RA zoning district. 2. The variance must be in harmony with the Zoning Code and the Comprehensive Plan. • What is the purpose of the regulation for which the variance is being requested? Minimum yard setbacks' purpose includes ensuring structures do not interfere with traffic visibility, fire department access, and retaining uniform land development. The purpose of a maximum impervious surface coverage is to create uniform development within the zoning district. • If granted, would the proposed variance be out of harmony with the Zoning Code? Zoning Code allows for physical improvements on residential properties. Due to the unique characteristics of the property, no rear yard technically exists. The southern yard at 1225 Pine Street West acts as a rear yard because access to the principal structure is from the north along Pine Street West and there is open space to the west of the principal structure. The proposed variance would allow the property owners to enjoy their southern yard similar to a rear yard. The proposed improvement would not impair traffic visibility or fire department access as there is a large Pine tree at the southwest corner of the property; the pergola will not extend beyond the existing tree. The proposed variance is not out of harmony with the Zoning Code. The proposed variance to lot coverage would not be out of harmony with the Zoning Code as City Staff erroneously approved the patio. The applicant executed their due diligence in the installation of the patio. Due to the City's error, the proposed variance is not out of harmony with the Zoning Code. • If granted, would the proposed variance be out of harmony with the Comprehensive Plan? A goal of the Comprehensive Plan is to maintain and improve Stillwater's existing housing stock. The proposed variances, setback and lot coverage, would act as an improvement to the existing housing. The proposed variances would not be out of harmony with the Comprehensive Plan. 3. 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 CD 2022-20 April 27, 2022 Page 3 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 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? The applicants are proposing to use the property in a reasonable manner; an accessory structure of the proposed size is permitted in the RA district. The proposed addition meets height restrictions. The patio is a reasonable and permitted use in the RA zoning district. The patio allows the property owners to enjoy their outdoor space. The applicant is proposing to use their yard in a reasonable manner. • Is the plight of the landowner due to circumstances unique to the property? The plight of the landowner is due to circumstances unique to the property. Three out four sides of the property abut ROW and must conform to front yard setbacks on each of those sides. The unique layout of the parcel creates more restrictive development standards than a parcel that only has one front yard. The variance request to lot coverage is a result of City Staff error; this creates a unique circumstance for the property. • Are the circumstances created by the landowner? The property owner did not create these circumstances. The property owner did not create a lot that abuts ROW on three of four sides. The property owner did not erroneously approve the patio size and therefore did not create the circumstance. • If granted, would the variances alter the essential character of the locality? The proposed variances would not alter the essential character of the locality. The proposed and existing uses are permitted in the RA zoning district. This property is not subject to additional design standards or design review. • Have practical difficulties been established independent of economic considerations? The applicant's desire for the variances is due to factors apart economic considerations. The variance request is due to the unique layout of the property and previous approvals rather than economic considerations. The cost of the pergola would remain consistent with or without the granting of a variance. ALTERNATIVES 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: CD 2022-20 April 27, 2022 Page 4 1. Plans shall be substantially similar to those found on file with Case CD 2022-20, except as modified by the conditions herein. 2. 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. 3. Lot coverage in excess of the 30% allowed shall meet Middle St. Croix Watershed Management Organization's infiltration requirements. B. Table. If the Planning Commission finds the request to have insufficient 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 is not a result of the applicant and is quite unique. The proposed improvement is not inconsistent with the neighborhood it is situated in. The property owner has made a reasonable request to construct a pergola to provide additional shade. The applicants have shown that the proposed improvement generally conform to the intent of the Zoning Code. 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 the variances with conditions outlined in Alternative A, above. Attachments: Site Location Map Application Letters of support cc: Darwin and Kim Dean , ` , 4 1 M-i -" e- 1p ^ RE`d;a_, ;0 FOR I CODEC3MPLIANCE ke - 3 THIS PLAN SHALL BE KEPT AT SITE OF WORK AND AVAILABLE FOR INSPECTION BY BUILDING DEPARTM NT ovS.e. wilt 7 6 NaX , RrS2 /o" Kill. Z.In REVISIONS TO APPROVED PLANS MUST BE SUBMITTED FOR APPROVAL BY BLDG. DEPT. GRIPPABLE HANDRAIL REQUIRED AT STAIRS WITH 4 OR MORE RISERS; CONTINUOUS FROM TOP RISER TO 3OTTOM RISER STAIR RISE SHALL BE 3/4" MAX. STAIR RUN SHALL 8E 10" MIN. 3 8" MAXIMUM VARIATION Date. ESTIMATED LOT COVERAGE CALCULATION 1NORKSHEET Prepared By: Address. I Z1._ S Onset S/- Zone D l_rict. Structural i Impervious i % = 30 ; % _ 1 0 S_F. = 415 d 1, S.F = - ._57: Maximum Coverage Allowed Existing Coverage* r...are based twcshira,:on County Arse;sonsdata, cer, 1 unagery , iurcmer)t: and other sourcec !r; jorrnar on herein shall not be used as a replacerne nt of a survey or accurate site pion Additional Coverages Permitted _-- 1-- House I C5^6 Addition{s) Porch/Deck ,gq Total 23 Walkway {rat- us - Driveway tap Patin O hei Total t39 T Structural I Impervious NOTES Total Total cue, 0 C4 A 0 vet r 4 a cr 4 .1 } t c•- sJ r T 41106 Lauren Sirotiak From: Sent: To: Friday, March 11, 2022 3:22 PM Lauren Sirotiak [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. T • •Mobile phis message was sent to you by a T.Mobile wireless nhonc. 1 Lauren Sirotiak From: Sent: To: Friday, March 11, 2022 3:22 PM Lauren Sirotiak [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. T • •Mobile: This message was sent to you by a T•Mobile wireless phone. 1 f. 55 a s .4'_ \\ GC PEv1llio ay n T o k liSCDAtit‘i i -41 J cat 1 0 0 cn M d X CO �.n B 1111 1 is 1 II 1 11 1111 1 1 iii i II * 2 0 2 1- 0 0 8 1 1* City of Stillwater Inspections List Report Permit # From: 2021-00811 To: 2021-00811 Permit Type: All Property Type: All Construction Type: All Inspector: All Status: Pass/Fail/No Status Include Notes: Yes Permit # Site Address Applicant Inspection Type Status Sched Date Time Insp Actual Date Insp 2021-00811 1225 PINE ST W DARWIN M DEAN, KIMBERLEY ILLI FOOTING Pass 07/22/2021 12:00 PM LAUR 07/22/2021 LAUR REINFORCEMENT/REBAR PLACEME Pass 07/26/2021 03:00 PM LAUR 07/26/2021 LAUR Inspected rebar placement in stair and stoop forms at rear house entrance FINAL BUILDING Pass 08/19/2021 12:00 PM LAUR 08/19/2021 LAUR 8/30/2021 Page 1 of 1 Letter of Support To Whom it May Concern: I am writing this letter per request of Kim Dean. I am an adjacent neighbor and reside at 1215 West Pine Street. Kim and Darwin are in the process of building an outdoor kitchen/housing structure and patio which will face Center/Willard Street. This will be a beautiful addition to their home and the neighborhood. As a homeowner, I am elated that they are adding this as it will provide a space for them to enjoy as well as add aesthetic and monetary value to neighboring homes. I am in total agreement and support of this addition. Please feel free to contact me by phone or email if you need any other information. Mary Prosser Letter of Support To whom it may concern, We the owners (Jim and Lisa Stahl) of 1219 Willard St W wholeheartedly approve of the patio/landscaping plans set forth by the owners at 1225 Pine St W. We look forward to the improvements that Kim and Darwin have on paper for us and other neighbors to view and utilize for the betterment of all. Regards, Jim Stahl Jenn Sundberg From: Lisa Berg Sent: Monday, April 18, 2022 12:55 PM To: Planning Dept Subject: Case No. CD 2022-20 [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, My husband and I fully support Darwin and Kim Dean in their desire to construct a pergola and patio in their yard at 1225 Pine St W. We are certain it will be a lovely addition to our street and the neighborhood! Thank you, Elizabeth & Brian Berg 1303 Willard St. W Stillwater, MN 55082 Sent from Mail for Windows 1