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HomeMy WebLinkAbout2022-06-22 CPC Packetillwaftr The Birthplace of Minnesota 216 4th Street N, Stillwater, MN 55082 651-430-8800 www.ci.stillwater.mn.us 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 June 22, 2022 REGULAR MEETING 7:00 P.M. I. CALL TO ORDER II. ROLL CALL III. APPROVAL OF MINUTES 1. Possible approval of May 25, 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. 2. Case No. Findings for Melville 3. Case No. 2022-26: Bruggers Variance 4. Case No. 2022-30: Kangas Variance 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. 5. Case No. 2022-36: Consideration of a Variance for an addition. Property Located at 1792 Greeley St S in the BP -I District. Chris Hassis, Property owner. 6. Case No. 2022-37: Consideration of a Variance for the construction of a deck. Property located at 424 Grove St S in the RA District. Ronald Cardinal and Stacy Franklin, property owners. 7. Case No. 2022-38: Consideration of a re -subdivision. Property located at 805 Hickory St W in the RB district. Daved Najarian, property owner. 8. Case No. 2022-41: Consideration of Preliminary Plat, Final Plat, Conditional Use Permit for new Retail Development at 2001 Washington St, Mikden of Stillwater, LLC, property owners. — Materials available Monday. 9. Case No. 2022-43: Interim Use Permit Ordinance VIII. DISCUSSION IX. FYI — STAFF UPDATES X. ADJOURNMENT The Birthplace of Minnesota REGULAR MEETING 216 4th Street N, Stillwater, MN 55082 651-430-8800 www.ci.stillwater.mn.us PLANNING COMMISSION MEETING MINUTES May 25, 2022 7:00 P.M. Chairman Dybvig called the meeting to order at 7:00 p.m. Present: Chairman Dybvig, Commissioners Cox, Hoffman, Steinwall, Councilmember Odebrecht Absent: Commissioners Knippenberg, Meyhoff Staff: Community Development Director Gladhill, Assistant Planner Gutknecht ELECTION OF OFFICERS Motion by Commissioner Steinwall, seconded by Commissioner Hoffman, to elect Mr. Dybvig as Chair and Mr. Meyhoff as Vice Chair. All in favor. APPROVAL OF MINUTES Possible approval of minutes of April 27, 2022 regular meeting Motion by Commissioner Hoffman, seconded by Councilmember Odebrecht, to approve the minutes of the April 27, 2022 meeting. Motion passed 4-0-1 with Commissioner Cox abstaining. OPEN FORUM There were no public comments. Chair Dybvig summarized the process for granting variances and the practical difficulty test. He also noted that former Planning Commissioner Hansen would be presenting one of the cases, as the builder for the applicants. Community Development Director Gladhill introduced Assistant Planner Ben Gutknecht. CONSENT AGENDA There were no items on the Consent Agenda. UNFINISHED BUSINESS There was no unfinished business. PUBLIC HEARINGS Case No. 2022-25: Consideration of a Variance to the Front Yard Setback for the construction of a front porch. Property located at 107 Laurel St E in the RB district. Eric Hansen of Fresh Start Builders, applicant and Ryan and Mary Collier, property owners. Mr. Gladhill explained that the owners are requesting a Variance to the Front Yard Setback in order to construct a front porch - 20 feet allowed, 7 foot 7 inches proposed. The house as Planning Commission Meeting May 27, 2022 originally built did not have a front porch but had a porch at one point, date unknown. Staff recommends approval. The Heritage Preservation Commission reviewed the case and recommended approval of the variance. One neighbor wrote in support. Eric Hansen, Fresh Start Builders, representing the applicant, stated the intent is to restore a front porch that was removed at some point. The house was built long before zoning ordinances existed. The open porch design will not have a negative impact on the views or the neighborhood. Chair Dybvig opened the public hearing. There were no public comments. He closed the public hearing. Motion by Commissioner Steinwall, seconded by Councilmember Odebrecht, to approve Case No. 2022-25, Variance to the Front Yard Setback for the construction of a front porch at 107 Laurel St E, adding Condition #1 stating that plans shall be substantially similar to those found on file for Case No. 2022-25, and adding Condition #2 stating that any changes to the approved plans shall be reviewed and approved by the Community Development Director in advance, and all major changes to those plans shall be brought to the Planning Commission for further review and approval. All in favor. Case No. 2022-26: Consideration of a Variance to the allowed impervious surface coverage in order to construct a deck. Property located at 3490 87th St N in the TR district. Paul and Luane Bruggers, property owners. Mr. Gladhill reviewed the case. Impervious surface coverage is limited by the Shoreland Overlay district to 25%. The applicant is requesting a Variance to allow 36.3% lot coverage to permit the construction of a 10' x 14' deck. The property currently has approximately 34.7% lot coverage with 3,013 square feet of impervious coverage on the 8,685 square foot lot. Browns Creek Watershed District staff questioned whether there is practical difficulty, pointing out that when this development was created, a specific amount of impervious surface coverage per lot was assumed, and the storm water management system was designed based on that calculation. Staff finds that, with reasonable conditions, the request conforms to the standards set forth for the issuance of a variance and recommends approval with three conditions. Councilmember Odebrecht noted that Condition #3 refers to additional rainwater mitigation so as not to create additional pressure downstream. Applicants Luane and Paul Bruggers stated they understand the water flow issue, and will put a pervious surface beneath the deck so it will not increase the impervious coverage percentage. Chairman Dybvig opened the public hearing. Karen Kill, Browns Creek Watershed District (BCWD) Administrator, stated she talked with the District Engineer regarding the assumptions that were made for stormwater management for the overall development, which assumed about 26% impervious surface coverage per lot. This lot is already over that limit by about 9%. At the time of the permit, this area was exempt from volume control standards because it flows to the diversion structure. Currently, a 1.1" minimum impact design standard is required, that is consistent with the City's volume control in this area. She can appreciate the statement that the area under the deck will be pervious, however most decks do not allow water to flow below them so water will still shed off the deck. Page 2 of 7 Planning Commission Meeting May 27, 2022 Councilmember Odebrecht asked if the 1.1" minimum standard can be met with a raingarden; and Ms. Kill answered yes. Councilmember Odebrecht inquired how the BCWD would feel about a condition that the area under the deck must remain pervious and a raingarden must be added. He recognized the importance of stormwater mitigation and noted there are several houses are in this predicament in this area; and Ms. Kill replied that looking at ways to mitigate would be a good idea, wherever it is possible to maintain pervious area. However the area below a second story deck often becomes impervious in the future as homeowners make changes. On a question by Chairman Dybvig if BCWD has the ability to consult with homeowners on raingardens, if the City were to require them; and Ms. Kill responded that since it would not be a BCWD permit, they definitely could work with the homeowners for technical assistance, but would not be able to build it for them. Commissioner Steinwall pointed out, at almost 37% coverage, the property is already nonconforming and the deck would add more quasi -impervious surface. She asked if BCWD would recommend a solution that brings the property back down to 26% coverage; and Ms. Kill answered it would be great to look at this development as a whole and find some opportunities to do additional stormwater mitigation. Chair Dybvig closed the public hearing. Commissioner Steinwall suggested tabling the case so the applicant and their engineers can come up with a plan for review, rather than a directive that they come up with a solution after the Variance is granted. Chairman Dybvig suggested adding a condition stating that the applicants shall consult with BCWD regarding installation of a raingarden or other mitigation facility designed to handle the runoff for the totality of the new constructed impervious surface being added to the lot; and that the raingarden will be located to capture water from the new construction and will be installed prior to permits being issued. The raingarden shall be maintained as long as the deck or auxiliary structure is being used. Motion by Commissioner Steinwall, seconded by Councilmember Odebrecht, to table Case No. 2022-26, Variance to the allowed impervious surface coverage in order to construct a deck at 3490 87th St N, to give applicants a chance to devise a plan that would mitigate this property such that the 26% impervious surface coverage goal is met. All in favor. Case No. 2022-27: Consideration of a Variance to the allowed impervious surface coverage in order to construct a deck. Property located at 3610 Wright St in the RB district. Eric and Teresa Johnson, property owners. Mr. Gladhill stated that the applicants are requesting a Variance to allow structural impervious surface coverage over 25% as limited by the RB Two Family Residential zoning district. The Variance would allow 27.3% structural coverage to permit the construction of a 12' x 24' deck and stairs. The property is well under the 25% maximum "other" impervious surface coverage at 7.6%. The property has the potential to add 2,056 square feet of other impervious surface coverage and only 14 square feet of structural impervious surface coverage. Staff finds that, with reasonable conditions, the request conforms to the standards set forth for the issuance of a variance and recommends approval with three conditions. Page 3 of 7 Planning Commission Meeting May 27, 2022 Teresa and Eric Johnson, applicants, noted they have a second floor sliding door leading nowhere. When they built, they were unaware of the 14 square foot restriction. Chair Dybvig opened the public hearing. Karen Kill, BCWD Administrator, offered that Rutherford Station was originally developed at 31% impervious surface coverage. This lot would still be under that so she has no concern about this particular proposal. BCWD still has long term concerns about the total 50% impervious allowance - this is something for staff and the Watershed District to discuss further. There are areas that are very flat with very limited freeboard for flood protection downstream from this area. Chair Dybvig closed the public hearing. Councilmember Odebrecht asked how many other homes are in this situation; and Mr. Gladhill replied at least a couple dozen. Councilmember Odebrecht remarked the original defect was with the plat and allowing the homes to be built this way with a second floor sliding glass door that leads to nowhere. Commissioner Hoffman pointed out this development was approved by the City and the 31% would not cause difficulties with BCWD. This is a unique circumstance. Chair Dybvig suggested practical difficulty might be the fact that building plans were approved by the City with a second floor sliding glass door and no way to add a deck without a variance. The additional condition he suggested for the last case may apply here. Mr. Gladhill added that the City Attorney would probably say that staff approval of a building permit for a model with a sliding glass door probably would not justify the variance. Motion by Commissioner Steinwall, seconded by Commissioner Hoffman, to approve Case No. 2022-27, Variance to the allowed impervious surface coverage for a deck at 3610 Wright St, with staff -recommended Conditions #1 and #2, and modifying Condition #3 to state that the applicant consult with BCWD regarding installation of a raingarden or any other mitigation facility designed to handle the runoff for the totality of the new deck construction being added to the lot to bring the total impervious surface back down to 25%. The raingarden shall be located to capture water from the new construction and shall be installed prior to permits for the new construction being issued, and must be maintained as long as the deck is being used. All in favor. Case No. 2022-28: Consideration of a Variance to the allowed impervious surface coverage in order to construct a detached garage. Property located at 7155 Melville Ct N in the LR district. Brandon and Dawn Kotval, property owners. Mr. Gladhill reviewed the case. The applicants are requesting a Variance to allow total garage floor area over 1000 square feet. The property currently has an attached garage of 853 square feet. The applicant is requesting a Variance to permit the construction of a 24' x 40' three -car garage totaling 1,813 square feet of garage floor area. The property currently has approximately 11% lot coverage with approximately 11,233 square feet of impervious coverage on the 102,338 square foot lot. The additional proposed garage would put the property at approximately 12% lot coverage. Staff finds that - with reasonable conditions - the request conforms to the standards set forth for the issuance of a variance and recommends approval with four conditions. Page 4 of 7 Planning Commission Meeting May 27, 2022 Chair Dybvig asked if the lot extends into the center of Long Lake, and how much of the lot is dry versus in the lake; and Mr. Gladhill replied the Certificate of Survey shows part of the fee title goes into Long Lake. The lot is 3.45 acre +/- and 1.45 acres is upland area, not in the water. Chair Dybvig noted on the survey the building appears to be over the line showing the buildable area of the lot. Mr. Gladhill responded that the City's regulations would probably call this a side yard, not a rear yard. The lot size and configuration is challenging. Chair Dybvig opened the public hearing. There were no public comments. He closed the public hearing. Councilmember Odebrecht stated the legal standard of practical difficulty appears not to have been met, and Commissioners Steinwall and Hoffman agreed. Motion by Councilmember Odebrecht, seconded by Commissioner Cox, to deny Case No. 2022- 28, Variance to the allowed impervious surface coverage in order to construct a detached garage at 7155 Melville Ct N. All in favor. Case No. 2022-29: Consideration of a Variance to the Front Yard Setback to construct a car port. Property located a 226 Harriet St N in the RB district. Mary Katherine Jerome, property owner. Chair Dybvig stated this application has been withdrawn by the applicant. Case No. 2022-30: Consideration of a Variance to the side corner setback to construct an attached garage addition. Property located at 1204 4th Ave S in the RB district. Katie Kangas, applicant and Michael and Nicole Willenbring, property owners. Mr. Gladhill informed the Commission that the applicants are requesting a Variance to the Side Yard (Exterior) Setback in order to construct an addition. The project would include demolition of an existing deck and detached garage. The required front yard setback for this improvement is 20 feet. The owner is proposing an 8 foot, 10 3/4 inch setback. Staff recommends approval. Commissioner Steinwall stated the case should be reviewed by the Heritage Preservation Commission (HPC) particularly with respect to design elements. Katie Kangas, architect, 5592 Shooter Rd, Shoreview, stated City staff determined they were not demolishing enough of the historic structure to trigger HPC review. The trigger is 30% of the facade of the existing building. They are adding onto one facade. The applicants are very conscious of the historic character of the house and want to carry it forward. Mr. Gladhill added that current staff relied on work done by previous staff to clarify past practice. Applicants Nicole and Mike Willenbring stated they are passionate about the historic home and want to update it to accommodate their family. The current detached garage, built in 1968, is in poor shape. The new design will look more historic and cohesive. Chair Dybvig opened the public hearing. Eric Hansen complimented the proposed design, adding that he worked with the previous owners of this house through several iterations of what might be done to expand the home, none of which would have worked out well. Page 5 of 7 Planning Commission Meeting May 27, 2022 Chair Dybvig closed the public hearing. Commissioner Hoffman stated moving the garage back is a big issue for him. Commissioner Steinwall suggested tabling the application and sending it to the HPC for a design review. Motion by Commissioner Steinwall, seconded by Councilmember Odebrecht, to table Case No. 2022-30, Variance to the side corner setback to construct an attached garage addition at 1204 4th Ave S, to refer the plans to the HPC for review. All in favor. Case No. 2022-33: Consideration of a Variance to the allowed structural coverage in order to construct a deck. Property located at 3671 Summit Lane in the RB district. Noelle Singerhouse, property owner. Mr. Gladhill stated that the applicant is seeking a Variance to structural impervious surface coverage restrictions (25% allowed, 27% requested) to permit the construction of at 16.5' x 20' deck. The property is well under the 25% maximum "other" impervious surface coverage at 8%. The property has the potential to add 1,630 square feet of other impervious surface coverage and to add only 166 square feet of structural impervious surface coverage. 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 variance with three conditions. Noelle Singerhouse, applicant, stated they have a door on the second story that leads to nowhere and they wish to construct a deck that fits with the rest of the neighborhood. Chair Dybvig opened the public hearing. Karen Kill, BCWD Administrator, stated that the developer originally proposed 31% total impervious coverage when the stormwater management permit was sought. It looks like the total impervious coverage on the site now is about 33% so it is already in excess of what was allowed for the stormwater management for this system. Chair Dybvig closed the public hearing. Motion by Commissioner Steinwall, seconded by Commissioner Cox, to approve Case No. 2022- 33, Variance to the allowed structural coverage in order to construct a deck at 3671 Summit Lane, with staff -recommended Conditions #1 and #2, changing Condition #3 to state that the applicant shall consult with BCWD regarding the installation of a raingarden or any other mitigation facility designed to handle the runoff for the totality of the new construction being added to the lot to bring the total impervious surface back down to 25%. The raingarden or other mitigation facility must be located to capture water from the new construction and must be installed prior to permits for the new construction being issued. The raingarden or other mitigation facility must be maintained as long as the deck is being used. All in favor. NEW BUSINESS There was no new business. DISCUSSION Update from Sustainable Stillwater Chairman Dybvig tabled this agenda item. Page 6 of 7 Planning Commission Meeting May 27, 2022 Policy for Packet Add -On Materials Chairman Dybvig tabled this agenda item. Annual Training Mr. Gladhill reminded the Commissioners of the Boards and Commissions Training June 14. FYI STAFF UPDATES Mr. Gladhill reminded the Commission of many new staff members including himself, and thanked them for their patience. ADJOURNMENT Motion by Commissioner Cox, seconded by Commissioner Hoffman, to adjourn the meeting at 8:34 p.m. All in favor. ATTEST: John Dybvig, Chair Tim Gladhill, Community Development Director Page 7 of 7 ti liwater TNRTH HI{f $#TA DATE: June 17, 2022 TO: Honorable Chair and Planning Commissioners FROM: Frannie Nielsen, Interim Zoning Administrator AMENDED: Ben Gutknecht, Assistant Planner SUBJECT: Variance Request in TR; Traditional Residential District and Shoreland Overlay District; Variance to Impervious Surface Maximum for a Deck at 3490 87th St N, CD 2022-26 INTRODUCTION Paul and Luane Bruggers own the property at 3490 87th Street North and are requesting consideration of a Variance to allow impervious surface coverage over 25% as limited by the Shoreland Overlay district. The applicant is requesting a Variance to allow 36.3% lot coverage to permit the construction of a 10' x 14' deck. The property is located in the Nottingham Village subdivision and the Shoreland Overlay District. The property currently has approximately 34.7% lot coverage with 3,013 square feet of impervious coverage on the 8,685 square foot lot. At the May 25th, 2022 Planning Commission meeting, the Stillwater Planning Commission tabled the review of the above variance request to provide the applicants an opportunity to consult with the Brown's Creek Watershed District (BCWD) regarding appropriate mitigation techniques. The applicants have met with representatives of BCWD and have determined that the appropriate mitigation technique consists of maintaining the existing turf lawn and adding a 55-gallon rain barrel. SPECIFIC REQUEST Consideration of the following variance: 1. A variance to Section 31-402 Subd. 7 (j) to increase the maximum allowed lot coverage from 25% to 36.3%. 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 TR, Traditional Residential. The existing and proposed uses are compatible in the TR 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? The purpose of a maximum impervious surface coverage is to create uniform development within the zoning district and maintain adequate stormwater management. • If granted, would the proposed variance be out of harmony with the Zoning Code? The proposed variance to lot coverage would not be out of harmony with the Zoning Code. City staff approved plans for a home construction with an impervious surface coverage of 34.7% without a deck. The use of the deck and the minimal increase to impervious surface coverage 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 variance to 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 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; decks are an allowed use in the TR zoning district. 10' x 14' is a reasonable deck size. The applicant is proposing to maintain pervious cover underneath the deck as to minimize effects of an increased impervious surface coverage. • 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. The applicants are limited to 2,171 square feet of coverage on their 8,685 square foot lot. The property currently has 3,013 square feet of lot coverage and therefore no additional coverage is permitted. Due to city staff approving a coverage of 34.7%, unique circumstances were created for the property. • Are the circumstances created by the landowner? The property owner did not create these circumstances. City Staff approved the impervious surface coverage of 34.7% without considering the Shoreland Overlay district standards and any additions needed for the property. The applicants intended to construct a deck following the construction of the house. City Staff created unique circumstances for the applicant by approving an impervious surface coverage of 34.7%. • If granted, would the variances alter the essential character of the locality? The proposed variance would not alter the essential character of the locality. The proposed and existing uses are permitted in the TR 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 previous approvals rather than economic considerations. The cost of the deck 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: 1. Plans shall be substantially similar to those found on file with Case CD 2022- 26, 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. The mitigation technique approved by the Brown's Creek Watershed District shall be implemented prior to issuance of permit. Lot coverage in excess of the 25% allowed shall meet Middle St. Croix Watershed Management Organization's infiltration rcquircmcnts. 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 deck to enjoy their property. The applicants have shown that the proposed improvement generally conforms 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. , . , - '4, I .? 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Imm „ • ., . . ..,= 5.4 - pl. ..q..- .3.... /4'1. . I 111R., JOEI ifi.ii..., — 'Riri iiiissil. M C KUSICK ROAD r fillwater Planning Department 216 el Street North Stillwater MN 55082 651-430-8800 www. c i. stillw a.t er. nnn. us P1anningDeptr ci.stillwater.rnn.us PLANNING APPLICATION Planning Commission ACTION REQUESTED Special/Conditional Use Permit yr Variance Resubdivision* Subdivision* Lot Line Adjustment* Please read carefully: Case. No. Base Fee: Date Filed: + County Recording fee Receipt No.: $50 per document +Tech Fee:$25.UO Total Fees: Compreliensive Plan. Amendment* Zoning ..Amendment* Planning Unit. Development * Certificate. of Compliance *An escrow fee is also required to offset the costs of attorney, engineering fees and recording fees. • Onlyone copy of supporting materials is required. However, any documents Larger than 11 x 17 must be submitted in paper and in pdf format. Review: the `Checklist to the Planning Administration Application Form'. for the complete list of required items that must be submitted. Any incomplete application or supporting material will cause your application to be rejected by the. City. 4. Applications will be rejected without a legal description.:A legal description is found on the deed to the. property. Attach as an exhibit if necessary. After Planning Commission approvals, there is a 10-day appeal period. Once the 10-day appeal period has ended, the applicant will receivea zoning use permit which must besigned and submittedto the City to obtainthe required building permits. 1 PROPERTY . IDENTIFICATION Address of Project $`s i 1)� V 14 & N 1 1 t \W & e-y Assessor's Parcel No. Complete. Property Legal Description Zoning District Description ofProject 1Nco LA. -FC r c, 1rc, e.* f • 5, ock �J' 1VD+I"i JriUYA (PIN Number) �•E-1».y. illwater PlanningDepartment 216 4 i Street North Stillwater MN 55082 651-430-8800 www. c i. s t illwater, mn.0 s PlanningDept(vei. stil lwater.mn.us APPLICATION SUBMITTAL DISCLOSUIIE Please check each box toindicateyou agree to: the following statements: I understandthat all information submitted for this application is subject to the Data Practices Act and that all data is presumed public data and can be made available to the public. I understand the City hasthe ultimate authority to determine what may be considered non-public data. 14".1. hereby state the foregoing statements and all data, information and evidence submitted herewith in, is to the best of my knowledge and belief, true and correct. I hereby state I willcomply withthe permit if it is granted and used. Minn. Stat. § 13.37 allows certain data to be considered non-public data because it contains a formula, pattern, compilation, program, device, method, technique or process (1) that was supplied by me or an organization contracted by me; (2) that is the subjectof efforts that are reasonable under the circumstances to maintain its secrecy, and (3) that .derives: independent economic value, actual or potential, fromnot being generally known. to, and not being readily ascertainable by proper means by, other persons who can obtain economic value from its disclosure or use. Please list any materials you believe meet the criteriaabove and are therefore non-public data. N one, By signingl agree to the statements above. By signing agree to the statements above. Required Required (If other than property owner) Property Owner 'PRLl1 4 % alytL 15T L4.c3 6 Representative Mailing Address 39 c p $i 0. 51-. RI.J V Mailing Address City State— Zip 5t-111vJk4tr, MN 55p$ 2- City -State — Zip Telephone No. 6I 2-4 la )111 (i) ilV 2D1-335% Le) Telephone No. Email 0:71rucc yLp�.l�•!`Avn ��1].p,�r�e5 Email Signature e (Sege nature is required) Signature. (Signature is required) Paul and Luane Bruggers 3490 87th Street North Stillwater, MN 55082 Stillwater. City Planner Abbi Jo Wittman 216 4th Street North Stillwater, MN 55082 April 9, 2022 Dear Abbi, We recently built a house in the Nottingham Development of Stillwater in October 2021. We would like to apply for a variance to the 35% impervious coverage requirement, in order to add a 10' x 14' deck to the East side of our home. We understand the purpose of the impervious. coverage requirement is to .allow for adequate stormwater management. We intend to install a maintenance free deck with a permeable landscape fabric and rock beneath the deck. The deck boards will be spaced far enough apart, based on your recommendation, to allow the water to flow to the rock below — which is a permeable surface. We believe a deck of this modest size is appropriate for our single-family home and the related property and will not alter the character of the neighborhood. A 10' x 14' deck will allow room for a grill and a simple patio table and chairs to be enjoyed by our family and friends during the warm months.. We appreciate your consideration. Sincerely, 1-973-1-0 Paul Bruggers Luane Bruggers lav's estimatedprrce. Fanny pricing may go up nr riowtt Tax, labor, and delivery nut included Design&Buy DECK tw• to recall and purchase' our design at home: 1. On Menards.com, enter "Design & Buy" in the search bar R 2. Select the Deck Designer 3. Recall your design by entering Design ID: 319852704806 4. Follow the on -screen purchasing instructions How to purchase your design at the store: 1. Enter Design ID: 319852704806 at the Design -It Center Kiosk in the Building Materials Department 2. Follow the on -screen purchasing instructions 10'0" 10' 0" 13' 8' Li 10' 0" 3' 8 Deck Side Color Legend 3' R" 611111. Open Side/No Railing Railing Unattached Walls Attached Walls Illustration intended to show general deck size and shape. Some options may not be shown for picture clarity. Estimated Price: 'Today'.s estimated price Future pricing miry go up or down. Tux, labor, and delivery not included. Layout dimension sheets are intended as a construction old. Nat all options selected are shown. Final design should be performed by a registcrcd professional engineer to ensure all applicable building codes and regulations are. met. s is an estimate. It is only for general price information. This is not an offer and there can be no legally binding contract between the parties based on this estimate. The prices stated herein are subject to nge depending upon the market conditions. The prices stated on this estimate are not firm For any time Period unless specifically written otherwise on this form. The availability of materials is subject to .ntory conditions. lvIENARDS IS NOT RESPONSIBLE FOR ANY LOSS INCURRED BY THE GUEST WHO RELIES ON PRICES SET FORTH HEREIN OR ON THE AVAILABILITY OF ANY ,TERIALS STATED HEREIN. All information on this form, other than price, has been provided by the guest. Menards is not responsible for any errors in the information on this estimate, including but not ilcd to quantity, dimension and quality. Please examine this estimate carefully, MENARDS MAKES NO REPRESENTATIONS, ORAL, WRI1'1EN QR OTHERWISE THAT THE MATERIALS LISTED E SUITABLE FOR ANY PURPOSE BEING CONSIDERED BY THE GUEST. BECAUSE OF THE WIDE VARIATIONS IN CODES, THERE ARE NO REPRESENTATIONS THAT THE MATERIAL iTED HEREIN MEET YOUR CODE REQUIREMENTS, .SZ'L£6 M.40,1,0.09 3 :£O, .O N Irmanvax' A a BRr6 II1.(I) Nm (q VJ. 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N 1¢DIU E6M7 N 0.04'03" E 76.35` I11wat!r THE BIRTHPLACE OF MINNESOTA DATE: June 17, 2022 TO: Honorable Chair and Planning Commissioners FROM: Tim Gladhill, Community Development Director SUBJECT: Variance Request in RB: Two -Family District; Variance to Side Yard (Exterior) Setback for Addition/Remodel at 1204 4th Ave S BACKGROUND At the request of the Planning Commission, this case was referred to the HPC: Heritage Preservation Commission and is now eligible for consideration by the Planning Commission. The HPC recommends approval. The Owners of 1204 4th Ave S are requesting a Variance to the Front Yard (Exterior) Setback in order to construct an addition. The project would also include the demolition of an existing deck and detached garage. The underlying zoning district is the RB: Two -Family Residential District. The site is also located in the Neighborhood Conservation District. The required front yard setback for this improvement is 20 feet. The Owner is proposing an 8 foot, 10 3/4 inch setback. ANALYSIS State Statute Chapter 462.357 requires that cities consider the following standards when considering a Variance. This is also known as the `practical difficulty' test. • The property owner proposes to use the property in a reasonable manner not permitted by the zoning ordinance. • The plight of the landowner is due to circumstances unique to the property not created by the landowner. • The variance, if granted, will not alter the essential character of the locality. • Economic considerations alone do not constitute practical difficulties. The proposed addition to the existing home appears to be a reasonable use and is consistent with the requirements of the Stillwater Design Guidelines for the Neighborhood Conservation District. The circumstances are unique to the property in that this generally historic neighborhood pre -dates current zoning regulations pertaining to front yard setbacks. The detached accessory building/garage already includes this same condition; the approved remodel simply carries that same setback (albeit in a different location) and replaces it with a higher -quality structure. The Owner is also matching the existing setback of the primary dwelling. The Variance will not alter the essential character of the neighborhood; in fact, the proposed improvement will arguably improve the character of the neighborhood through accepted neighborhood design elements. Finally, the difficulties are not economic considerations alone. The Owner has gone through great lengths to design a porch that meet applicable design guidelines. RECOMMENDATION Staff recommends that Planning Commission approve the request. At the request of the Planning Commission, the HPC: Heritage Preservation Commission as reviewed this request due to its location in the Neighborhood Conservation District at their June 15, 2022 Meeting and recommended approval of the request. The HPC noted that this is an excellent example of how to meet the Design Guidelines for expansion of existing dwellings. ACTION REQUESTED Motion to approve the Variance to Side Yard (Exterior) Setback for a Front Porch at 1204 4th Ave S. The Birthplace of Minnesota 1204 4th Ave S BU RLI NGT -411 15 k (f) Pasque Architecture TO THE PLANNING COMMISSION, CITY OF STILLWATER: 1204 4th Ave. s. VARIANCE APPLICATION Micheal and Nicole Willenbring - homeowners of the residence at 1zo4 4th Ave. S. - are requesting a variance for a proposed attached garage addition (26' x 26') with a second floor. The proposed addition is requested to align with the North (Burlington St. E. Side) setback of the existing mudroom. The mudroom received a variance (circa 2o15) for an 8'-io 3/" setback from the North Property Line. The original 188o's residence has an 8'-81/2" setback from the North Property Line. The 31/" step back of the existing mudroom promotes the hierarchy of the 188o's residence. The proposed work maintains the character of the existing property and surrounding neighborhood in scale, style, and detailing — while updating the home for a family of five. Practical Difficulties and Proposed Work The existing detached garage is 1.1' from West (rear) property line and 8.4' from North (side) property line. In other words, the existing detached garage is close to the rear and side property lines and very far from the existing residence. The garage is undersized forthe homeowner's needs (2 cars, yard equipment, bikes, etc.). The homeowners have a family of five and the current home only has 3 bedrooms and 2 bathrooms (i bathroom is off of the first -floor mudroom which is inconveniently far from the bedrooms on the second floor). The homeowner purchased this property with an appreciation for the historic character and large side yard. They would like to maintain as many old growth trees as possible. Alternatives for relocating the garage were considered, but would have divided the side yard or required changing the curb cut or removing additional old growth trees. The proposed work includes demolishing the detached garage and 2 trees. Please see the attached Drawing Set for a description of work. In summary, the proposed attached garage and second story addition will improve the following: • Increase the garage setback from the North (Burlington St. E. Side) property line (from 8'-4 3/" to 8'— 10 3/") • Increase the garage setback from West (rear) neighboring property (from i'-11/4" to 42'-o") • Maintain the existing curb cut and driveway connection to Burlington St. E. • Reorient garage doors off of street and provide windows along North (Burlington St. E. Side) Elevation • Provide an attached two -car garage with a connection through the existing mudroom • Transition from a 3 bedroom, 2 bath to a 4 bedroom, 2.5 bath for the homeowners and their3 children Aligning Intent The property at 1204 4th Ave. 5. received a variance (around 2o15) to remodel the existing mudroom. In this variance, the previous homeowner was allowed to setback the exterior wall of the mudroom 31/" from the exterior of the 188o's residence. This resulted in an 8'-io 3A" setback from the North (Burlington St. E. Side) property line. The current homeowners request the same 8'-io 3A" setback from the North (Burlington St. E. Side) property line for a proposed two-story addition. This will allow the addition to connect with the existing mudroom and utilize the existing door to enter the residence from an attached garage. From the exterior, the proposed addition will align with the mudroom and provide the same 31/4" setback from the 188o's residence. Consistency with Comprehensive Plan The homeowner is conscientious of the historic character of the surrounding neighborhood homes, many of which have undergone additions and renovations to meet the contemporary needs. The proposed addition at 1204 4th Ave. S. will match the exterior style of original 188o's Italianate residence. The massing and exterior materials will match the painted wood lap siding and trim details of the existing residence. Aesthetically, the addition pairs well with the original four -square but has a slightly smaller footprint to maintain the hierarchy of the original residence. The street side windows will have similar proportions and be double hung with 2 over 2 sashes. The west end of the two-story addition steps back for a porch with an Italianate railing. The proposed work follows the impervious paving requirements (maximum of 3o% of a lot may be impervious). The homeowner will maintain the remaining trees onsite. The proposed additional will maintain the character ofthis lot with a seamless integration with the existing home's style and floor plan. Please reach out with additional questions about the proposed work. Kind Regards Katie Kangas, AIA, MN Architect of Pasque Architecture, LLC (On behalf of Homeowners, Michael & Nicole Willenbring) Pasque Architecture, LLC Page i of 1 Printed 4/22/2o22 z N <1 O D 0 2 0 v,i 0 N N 0 0 0 N O > a v E 0 V 0 4/22/2022 12:40:58 PM 0 NORTHWEST PERSPECTIVE OF PROPOSED ADDITION EXISTING RESIDENCE PROPOSED ADDITION SOUTH HILL ADDITION VARIANCE APPLICATION - NOT FOR CONSTRUCTION PROJECT TEAM OWNER: ARCHITECT: NICOLE & MICHAEL WILLENBRING 1204 4TH AVE. S STILLWATER, MN 55082 PASQUE ARCHITECTURE, LLC KATIE KANGAS, AIA 5592 SCHUTTA ROAD SHOREVIEW, MN 55126 PROJECT NAME: SOUTH HILL ADDITION ADDRESS: 1204 4TH AVE. S. , STILLWATER, MN 55082 PROJECT DESCRIPTION: REQUESTING VARIANCE TO ALIGN EXTERIOR OF PROPOSED TWO-STORY ADDITION WITH EXISTING MUDROOM (WHICH RECEIVED A VARIANCE IN 2015). PROPOSED WORK INCLUDES: DEMO OF DETACHED GARAGE AND 2 TREES. PROPOSED TWO-STORY ADDITION INCLUDES ATTACHED GARAGE TO THE WEST SIDE (REAR) OF THE EXISTING HOME. PROPOSING CONCRETE DRIVEWAY TO REPLACE EXISTING ASPHALT. DRIVEWAY TO CONNECT WITH EXISTING CURB CUTS FROM BURLINGTON STREET EAST. CURRENT RESIDENCE HAS 3 BEDROOMS AND 2 BATHS. AFTER THE PROPOSED ADDITION IS INSTALLED, THE RESIDENCE WILL HAVE A TOTAL OF 4 BEDROOMS AND 2.5 BATHS. LEGAL DESCRIPTION OF PROPERTY: HERSEY STAPLES AND CO'S ADD TO STILLWATER Lot 1 & 2, Block 8, SubdivisionCd 09850 ORIGINAL CONSTRUCTION: PREVIOUS ADDITIONS / VARIANCE: PARCEL NUMBER: IMPERVIOUS AREA: EXISTING: TOTAL PROPOSED: TOTAL LOT: RESIDENCE 1,161 SF 1,761 SF 13,410 SF ELEVATION OF RESIDENCE: TOTAL EXISTING ELEVATION: TOTAL PROPOSED ELEVATION: 1880 2015 34.030.20.23.0030 PAVING/GARAGE TOTAL 2,006 SF 3,167 SF 2,240 SF 4,001 SF 29.8% IMPERVIOUS (30% MAX) 2,170 SF (350 SF TO BE DEMO'D) 16% DEMO OF ELEVATIONS 3,151 SF IIIIIQ M 1/11/111 I III III �� III IIfIWI IIIIIWMu • lls_ YII,� �11Y1 �i umur� III IIII II 1111111111111 II�I Ill IIII IA II I �� ,a II�IIIII�'"I� OLOCATION MAP NTS PROJECT LOCATION (1204 4TH AVE. S.) NORTH NOT FOR CONSTRUCTION SOUTH HILL ADDITION VARIANCE APPLICATION KATIE KANGAS, AIA © Pasque Architecture LLC 12044TH AVE. S., STILLWATER, MN 55082 PROJECT INFORMATION . & M. Willenbring C:\Users\ktkng\Documents\Active Projects_KK\22005_South Hill Addition_KK\Revit\22005_South Hill Addition_A21.rvt ODEMO EXIST. GARAGE NTS LEGAL DESCRIPTION: (S SNOWel ON WARRANTY GEED DOC. N6, +286077) Lou I and 2- Rler4 8- HerseV-5uples and Ee's Addl.len ETE SeilMnn- WasMng. Gaunt,- Minnes«E EASEMENT NOTES 1. NO TREE COMMITMENT OR TREE OgrpN WA5 PROMDED TO U5 THAT WOUID SFgW EASE W NTS AFC ENCU W WFNCE5 EFFECTlNC THE PROPERTY wRRTYED. EASEMENTS MAT Ee15r THAT ARE NOT SKIM. AREA TOTAL AREA A5 OWN . 1 SURVEY NOTES: 41650.0E 1. BEARINCS ARIA-LSD/40 2. UNDERGROUND IITILFIE5 SHORTS PER MEWL O65ERVATION AND AS -WILTS PLANS PR0Y10E0 BY THE COY Or STILLWATER ENOINEERINC DEPARTMENT. 3. THERE GIRT SOME UNDERGROUND ITLITIES. CAS- ELECTRIC. ETC. NOT SHOHN OR LOCATED. 1. DATE 6E FIELD TOPOGRAPHY 3-19-2022. EXISTING IMPROVEMENT AREAS! HOUSE -1181 6N SQUARE FEET) GARAGE .588 DECKS - 360 DRNEWAY .158 CONCRETE -377 PATIO . 252 TOTAL IMPROVEMENTS - 2891 551.0E • 21-5% 640F VAT 16E41 LEGEND: O K..1 110010.1 yae Orpp : �• .. mu •LAL ram uo b �1 0 2 SURVEY INFO NTS J WILLENBERG RESIDENCE CONTACT: erian Posch Posh guilders LLC 651-269.2021 COUNTY/CITY WASH I NGTC7N G a tJ H TY C 1TY .4=4F STI LLwo o rEE REVISIONS DATE LEVISIDN 3.24-1002 PRELIMINARY ISSUE CERTIFICATION. or wider, armuPnN.R..1).lna lA 80 4.1,s.1nn,w'W�"ef wnw w.,d D L H..:SFIM PROJECT LOCATION: 1 Z 0 4 4TH AVE_ 5_ PID#3403020230030 Su11e P266 1970 Mortilse.[ern Ave. St111wate, MN 55062 Phone 851.2 Y5-6969 Aa9IP[s0Rrve9 met CORNERSTONE LAND SURVEYING, INC. FILENAME SURV22285A PROJECT NO. 2212285A CERTIFICATE OF w X 559.5 ..) 24'- 59.0 1 SET EPEE FEAT SOUTH OF LOT CORNER. FALLS N TREE DEMO EXIST. GARAGE AND ASPHALT DRIVEWAY (790 SF IMPERVIOUS) CO Q r- tr ✓ O p y• c E • N-. 557.6- ,1 I1 r�+1 I L 26' DEMOLITION SITE PLAN --857-5 -857.5h 856.9 1" = 20-0" BITUMINOUS SURFACE 7> BURL INGTON 5T.. E. 550.0 DEMO 2 TREES ou - DEMO SIDEWALKJ(I32.O0EX857/ 89 56'21'E13,2.49 X557.7 t 4 A• ?0'TRPL-- x 557-2 X 856.5 r -857.1 I I j-0 3 EXISTING house h e p////�///// - xas6.6 ca 857 .. I I X856.3 .,a 4856.7 16"DBL DEMO EXIST. DECK 16" AND SIDEWALK 14" B55-9-- (400 SF IMPERVIOUS) .0 11.2 �- X 8555 X856-I 8'VBL 856.4X 656.6- X 855-1 ffI X856.1 x855-8 X855.6 X 555.3 X 556.7 X556.1 655-6-- 855,, 55-3 555.6 AL.. w- A .� w w w w 555.3 .32 99 S89°56'.21" W (132.00 PL.A1) :55-e EXISTING HOUSE X855.6 pera � _855.2 x ✓ i w X854.5 -854,1 - s A A A A 10' 20' 40' -2 DEMO SITE PLAN SURVEY NORTH N c O 0 Y 0 0 4,1 0 x 0 NI 0 0 N Y I IJ w d O 0, 4/22/2022 12:41:10 P 77 x859.7 07� . PROPERTY LINE 0u 859 X8595 ,h° 24' 0 SET FEET SOUTH OP LOT CORNER. FALLS IN TREE 1,520 SF PROPOSED CONCRETE DRIVEWAY 01 4 Q PROPOSED BASKETBALL HOOP 252 SF EXIST. PATIO r' d'., 6576- r^11• 1.. 26" n rTh ARCHITECTURAL SITE PLAN 1" = 20'-0" ]61)BL I3ITUM14OUS SURFACE X856.8 856.3- I k 858.0 x v co LiY a� es, gym X857.5 `^ w Ou - o 2 - 0u OU -- D O N 2 (137.00 PLAT) ""�8- -ou '0 N89°56 21"E x87. o -z n• ^ 132.49 e57.o es57.0 'PROPOSED.REAR SET$AGK �16' - 10" 55' 6%.4X 556.6- X856.1 - 8"�6L r - xa55.9 X855.6 sy� 140 SF SIDEWALK j(855.8 PRINT) 42, x 857.2 o 0 0 a X855.6 X 855-3 855 5 { 855.6 13, 49 589°56 21"W 855.8 (132.00 PLAT) 5$ 855.9 132' - 6" r ///��������%��i�%����%��� 1,161 SF (FOOTP NT) EXIS NG RESIDENCE CC 856.7 228 SF WOOD DECK X 856.2 X856.I 56-0 X856.3 855.9-- TOTAL LOT: 13,410 SF 855.6- - 20" X855.4 28' Eo eta) 055.6-N X856.T 855.8 6OX 7.0 556.9 11'- 1/2" EXIST. ETBACK 82 SF E IST. a W DOD POR h .9-' 2C SF EXIST. 856.0 EWALK 11 r+ 11.2 X 855.8 �y 1 40/120 55.3 855.3 X855.6 --� 77 • 01.1 OV X854.5 77 854.1 - A A A 3> A >3 7 7 77 - SITE PLAN LEGEND ▪ EXISTING RESIDENCE (1,161 SF) NORTH PROPOSED ADDITION (676 SF) EXISTING PAVING TO REMAIN (272 SF) PROPOSED PAVING (1,660 SF) EXISTING DECK / PORCH (310 SF) 10' 20' 40' -3 ARCHITECTURAL SITE PLAN 2/-6 N Q C .e a L J O 0' 0 w 0 O 0 0 2 L 0 Lei Y 3 W v N E 0 O 0 0 C SC 0) 4/22/2022 12:41:12 P OMAIN LEVEL 1/8" = 1'-0" OUPPER LEVEL 1/8" = 1'-0" PROPOSED DRIVEWAY 26' - 0" PROPOSED ATTACHED GARAGE PROPOSED ATTACHED TWO -CAR GARAGE PROPOSED SIDEWALK L J 46' - 3 1/2" EXISTING RESIDENCE 7. REPLACE EXIST. DECK IN SIZE & KIND (WOOD) 2/-6 PROPOSED ADDITION ,3' - 61 /4" 23' - 0" EXISTING RESIDENCE REMOVE ONE EXIST. WINDOW (CONFLICTS WITH EXIST. ROOF) 41-6 28' -1 3/4" EXISTING RESIDENCE 7' - 0" REPLACE EXIST. PORCH IN SIZE & KIND - (WOOD) 1= �e EXIST. SIDEWALK o ' 2'-0" 4'-0" 8'-0" 16'-0" NOT FOR CONSTRUCTION SOUTH HILL ADDITION VARIANCE APPLICATION N N N N N KATIE KANGAS, AIA C Pasque Architecture LLC 12044TH AVE. S., STILLWATER, MN 55082 FLOOR PLANS . & M. Willenbring 4/22/2022 12:41:24 P OELEVATION - EAST NTS ELEVATION - WEST NTS OELEVATION - NORTH NTS ELEVATION - SOUTH NTS NOT FOR CONSTRUCTION SOUTH HILL ADDITION VARIANCE APPLICATION KATIE KANGAS, AIA EXISTING ELEVATIONS C Pasque Architecture LLC 12044TH AVE. S., STILLWATER, MN 55082 . & M. Willenbring C:\Users\ktkng\Documents\Active Projects_KK\22005_South Hill Addition_KK\Revit\22005_South Hill Addition_A21.rvt 4/22/2022 12:41:29 PM oo5WWUWU �oo�W�oo III III III REPLACE FRONT PORCH IN SIZE & KIND OEAST ELEVATION (4TH AVE S. - FRONT) 1/8" = 1'-0" PROPOSED DECK WITH ITALIANATE DETAILING 000000 u01 OOOIi1111I1110000000 0000 - 00000 0 HOO WMEM UW0 JI NWM 0000 00 i PROPOSED ATTACHED GARAGE ADDITION WEST ELEVATION (REAR YARD) 1/8" = J NEW WINDOWS TO MATCH EXISTING DOUBLE HUNG IN STYLE & PROPORTION MATCH EXIST. BRACKETS & ITALIANATE TRIM DETAILS MATCH EXISTING RESIDENCE MATERIALS: WOOD LAP SIDING, TRIM, AND ASPHALT SHINGLE ROOF ONORTH ELEVATION (BURLINGTON ST. E - SIDE) 1/8" = 1'-0" vuqr UWUW mu0u UUUU UJI uU nu MIO 009 0000 000 0I uuuuul 0u001000000u00` U'HMIHMI 26' - 7 3/4" PROPOSED ATTACHED GARAGE ADDITION SOUTH ELEVATION (SIDE YARD) 1/8" = 1-0" 45' - 9 1/4" EXISTING RESIDENCE REPLACE / ADD WINDOWS MATCH STYLE OF SOUTH ELEVATION WINDOWS (COLONIAL DOUBLE HUNG AND CASEMENTS) EXISTING RESIDENCE 26'-71/2" TWO STORY ATTACHED GARAGE ADDITION I(0 uuuuuuuuuuuuu4 Mifil-111uffli 8'-0" 16'-0" ELEVATIONS C:\Users\ktkng\Documents\Active Projects_KK\22005_South Hill Addition_KK\Revit\22005_South Hill Addition_A21.rvt NORTHEAST CORNER PROPOSED ADDITION EXIST. MUDROOM SETBACK EXIST. RESIDENCE EXIST. RESIDENCE PROPOSED ADDITION TO ALIGN WITH EXIST. MUDROOM SETBACK 11_ 1 II I1, ' 1.1,11411 I,i�I, fi it SOUTH HILL ADDITION VARIANCE APPLICATION -7 3D VIEWS © Pasque Architecture LLC & M. Willenbring SOUTH ELEVATION ti1IwaIer THE R i ft T H P L A C E BF M i N N E S O T A DATE: June 14, 2022 TO: Honorable Chair and Planning Commissioners FROM: Ben Gutknecht, Assistant Planner SUBJECT: Variance Request in BPI: Business Park - Industrial; Variance to Side Yard (Interior) Setback and Deviation to Required Design Standards for Addition/Remodel at 1792 Greeley St S, CD 2022-36 BACKGROUND The Property Owner (applicant) of 1792 Greeley St S is requesting a Variance to the Side Yard (Interior) Setback in order to construct an 8,500 square foot addition. The proposed addition is to the west of the existing building. The applicant states the purpose of the addition is to create a space for body technicians and detail departments to increase efficiency, no new services are being added. The applicant is also requesting a deviation from the required design standards outlined in the West Stillwater Business Park Area design guidelines. The proposed addition consists of an 85' x 104' pole building type constructed building with "Pro -rib steel panel" walls and roof. The existing building appears to be a combination of painted block work area with a styled front office with stone veneer and lap siding. The existing building is currently nonconforming in regards to the side yard setback. The underlying zoning district is the BPI: Business Park — Industrial District. The site is also located in the West Stillwater Business Park Design Review District. The required side yard setback for this addition is 20 feet. The owner is proposing a 3.7-foot setback, to match the existing buildings nonconforming setback. The owner is also proposing steel paneled walls in lieu of the required architectural consistency in terms of material, colors, and details. ANALYSIS State Statute Chapter 462.357 requires that cities consider the following standards when considering a Variance. This is also known as the `practical difficulty' test. • The property owner proposes to use the property in a reasonable manner not permitted by the zoning ordinance. • The plight of the landowner is due to circumstances unique to the property not created by the landowner. • The variance, if granted, will not alter the essential character of the locality. • Economic considerations alone do not constitute practical difficulties. FINDINGS: Variance to the Required Side Yard Setback: • The property owner proposes to use the property in a reasonable manner not permitted by the zoning ordinance. o The proposed addition to expand the existing business appears to be a reasonable use and is consistent with the BPI permissible uses outlined in Section 31-325 of the City code. The circumstances are unique to the property in that this property was developed prior to current zoning restrictions governing setback distances. Further, the existing structure currently meets the same 3.7-foot setback. • The plight of the landowner is due to circumstances unique to the property not created by the landowner. o The existing owner did not create the existing lot nor construct the existing building. • The variance, if granted, will not alter the essential character of the locality. o The variance for a setback will not alter the essential character of the neighborhood as it appears that many neighboring businesses share a similarly nonconforming side yard setback; rather, an addition for the purpose of expanding an existing business will better meet the intention of the 2040 Comprehensive Plan's objective of supporting business expansion in the West Stillwater Business Park area. • Economic considerations alone do not constitute practical difficulties. o The request to build an addition at a reduced side yard setback is not based on economic considerations alone, as it would likely be less of an economic impact to construct an addition. The request is to simply continue an existing setback pattern to allow for an expansion of an existing use. FINDINGS: Variance to Deviate from the Required Design Standards: It is not common procedure for variances to be used for deviations to design standards. Variances are a tool meant to vary land uses when strict compliance with City Code proves specific hardships effecting the property owner. Additionally, Variances to exterior materials/architectural design standards are not typically a process allowed under State Statutes pertaining to Variances. The proposed variance for deviations from the required design standards outlined in the West Stillwater Business Park district for this property do not meet the required hardships and practical difficulties required when approving variances. The proposed deviation is not a reasonable use of the property. While business expansion and growth are a benefit to both the Owners and community, the situation is not unique to this property and strict compliance with the design standards is required for all existing and new businesses in BPI district. Furthermore, the existing property owners previously enhanced the building through a design permit process in 2015 for alterations to the front office. During the 2015 permit review process, the property owners completed their desired updates while ensuring consistency with the existing structure design and the City Code's design standards. Lastly, while not stated by the applicant as a specific reason for the metal siding, it is likely economically cost effective to construct a pole style building rather than following strict compliance with the ordinance. RECOMMENDATION Staff recommends that Planning Commission approve the requested side yard setback and deny the requested deviation to the required design standard for lack of practical difficulty being shown to deviate from standard variance procedure and the city code. ACTION REQUESTED Motion to approve the Variance to Side Yard (Interior) Setback for an 8,500 addition and deny the requested deviation in design standards for 1792 Greely St S, based on the above findings within this report. 5/5/22 Dear Planning Dept., HASSIS rPAINT+INARKS AUTOMOTIVE & MARINE COLLISION REPAIR 1792 Greeley Street South — Suite B Stillwater, MN 55082 www.hassispaintworks.com 651-786-9114 The 8500 square ft. addition that I am proposing will be built on the backside/west side of our existing building. We are not adding any additional services and all operations will remain the same. This addition will house our body technicians and detail departments. All of our projects will be repaired in the new addition. Our technicians do repairs to fiberglass, metal, and some plastic. Repairs may require sanding or welding, which all of our technicians have their own dustless sanders. This addition will allow Hassis Paintworks to bring more vehicles/automobiles indoors to work on at one time rather than having jobs in our parking lot and swapping out vehicles/automobiles during the repair process due to our limited space. This addition will also allow us to spread out our technicians so they have ample room to work. After a job has been repaired, it will then be moved into our existing building. The existing building will become the paint/refinish department. This addition will allow Hassis Paintworks to be more efficient overall and allow us to separate the body and refinish departments and result in a cleaner overall appearance of our interior and exterior. Thank you for your time and consideration. Sincerely, Chris Hassis Owner • -6.‘,.-... (16 111vakr 15C ff¢ ���� The Birthplace of Minnesota CRE - CURVE I 0 _, Site Location 1792 Greeley St S 7 • 0 100 200 400 Feet OCI I General Site Location 0r—wiso 7 1 ' \R -. .. ,wry ,, `^ ■ 1 '� . 'Y N 7 1! ��/ EMI • ! 1. I . ' CIA s .• ‘I, • 1 n ^, V / li ••,._:. SHEL II II II 1 II 1 II O o� / / 8g6.2 I/ I 1// I /11 / I 1 1/ I// I I /1 / �, / 896.3- W // w � / / � // LEGAL DESCRIPTION: / /// I/ I / X901.4 _ 11/ 11/ / 1 / 1 /// I/ I 1 , 6474-1 1' CS - CO X 902.8 / 901 g00.8 1 12" 1211RCP X904.5 (AS SHOWN ON CERTIFICATE OF TITLE NO. 79644) The North One Hundred Twenty-two (122) feet of the South Three Hundred Twenty-two (322) feet of the Northwest Quarter of the Southwest Quarter of Section Thirty-three (33), Township Thirty (30) North, Range Twenty (20) West, lying West of the centerline of County Highway No. 66. TITLE NOTES: THERE ARE NO EASEMENTS OR ENCUMBRANCES SHOWN ON CERTIFICATE OF TITLE NO. 79644. THE FOLLOWING EASEMENTS ARE KNOW TO THIS SURVEYOR AND ARE SHOWN ON THE SURVEY: 1. Subject to Right of Way for County Road 66 a/k/a South Greeley Street as shown on available maps - shown graphically. 2. Subject to Storm Water Drainage Easement per Doc. No. 3710856 as shown. AREA: TOTAL AREA AS SHOWN = 59,021 SQ.FT. / 1 .35ACRES INCLUDING 4,029 SQ.FT. OF 33' ROADWAY EASEMENT. X 402.8 903 X 902.3 9o? X 906.2 405.3 /c° Xeor<r) 906.4 0 904.8 - 03.5 RIGHT OF WAY NOTE X905.5 0` NORTH LINE OF THE SOUTH 322.0 FEET THE NW 1/4 OF THE SW 1/4 I OF SEC. 33, T30, R20 15" X904.5 X 905.0 X905.4 ` X905.4 904.48W 905.0 9042° 1, cr «/ RIM=c103.4 -/ INV=g01.1 SOIL VAPOR SYSTEM (UNDER CONSTRUCTION) FOR THE PURPOSE OF THIS SURVEY THE RIGHT OF WAY WIDTH FOR GREELEY STREET NORTH HAVE BEEN SHOWN TO BE 33 FEET FROM THE CENTERLINE. THE ACTUAL WIDTH OF THE RIGHT OF WAY MAY DEPEND ON USE. THE RIGHT OF WAY SHOWN IS FOR REFERENCE PURPOSES ONLY. SURVEY NOTES: 1 . BEARINGS ARE BASED ON THE WASHINGTON COUNTY COORDINATE SYSTEM NAD 1983. 2. UNDERGROUND UTILITIES SHOWN PER GOPHER ONE LOCATES AND AS-BUILTS PLANS PROVIDED BY THE CITY OF STILLWATER PUBLIC WORKS DEPARTMENT. 3. THERE MAY SOME UNDERGROUND UTILITIES, GAS, ELECTRIC, ETC. NOT SHOWN OR LOCATED. FENCE 90 S9 CONCRETE WALL X g 03.7 X 9g05.7 (% g0o557.7 905.8BW 5 681‘i 90s .68� X905.4 905.0 905 X 906.2_4_ CO X 905.5 X905.7 X 905.3 X 905.9 Ohl ---FLOOR ELEV. =906.6 /o xa /2 -- FLOOR ELEV. =906.6 X 905.2 905.8- L \ 905.5- 905.°6W - }- _ 985.60 N89°19'06"W L a 904.3 • X 905.5 Xg 4 `FLOOR ELEV. =904.5 UNDERGROUND UTILITIES NOTES: 906 118.4 EXISTING BUILDING 17G12 S. GREELEY ST. BUILDING FOOTPRINT AS SHOWN 8.041 SQ.FT. 118.6 X905.7 BUILDING HEIGHT = X906.2 20.3 3a 0.5 N / 20.1 I q.0 FLOOR ELEV. I I �/ 90 N. 906.8 =906.6 --- \\ 4 6 0,0(0' . • . a 1:60 X906. FOUND 1/2" IRON PIPE MARKED ANEZ T PARCEL-_ CORNER O^ 0- UG UG 52.2 - 8 °°° PER PLANS WATER 906.5 905.7 PER P 53.8 X905.8 X995.9 SOUTH LINE OF THE NORTH 12 .00 --FEET OF THE SOUTH 200.00 OF THE NW 1/4 OF THE SW I/ OF - SEC. 33, T30, R20 Xg05.q I �e11, CONCRETE WALL EXISTING BUILDING 1850 S. GREELEY ST. THE UNDERGROUND UTILITIES SHOWN HAVE BEEN LOCATED FROM FIELD SURVEY INFORMATION AND EXISTING DRAWINGS. THE SURVEYOR MAKES NO GUARANTEE THAT THE UNDERGROUND UTILITIES SHOWN COMPRISE ALL SUCH UTILITIES IN THE AREA, EITHER IN SERVICE OR ABANDONED. THE SURVEYOR FURTHER DOES NOT WARRANT THAT THE UNDERGROUND UTILITIES SHOWN ARE IN THE EXACT LOCATION INDICATED ALTHOUGH HE DOES CERTIFY THAT THEY ARE LOCATED AS ACCURATELY AS POSSIBLE FROM THE INFORMATION AVAILABLE. THIS SURVEY HAS NOT PHYSICALLY LOCATED THE UNDERGROUND UTILITIES. GOPHER STATE ONE CALL LOCATE TICKET NUMBER(S) 1 73480932. SOME MAPS WERE RECEIVED, WHILE OTHER UTILITIES DID NOT RESPOND TO THE LOCATE REQUEST. ADDITIONAL UTILITIES OF WHICH WE ARE UNAWARE MAY EXIST. EXISTING IMPROVEMENT AREAS: BUILDING = 8,041 PILLARS =16 BITUMINOUS = 23,829 CONCRETE = 666 WALLS = 216 (IN SQUARE FEET) TOTAL IMPROVEMENTS = 32,768 SQ.FT.= 59.6% (% OF PARCEL AREA LESS R/W) 9 910 X' I6.8 oft ti UG 83 0 65 9p6. 98 LEGEND: • O Tv IAcI IEPI ET O LM Co • or 0 or FLAG POLE 907 X9 0 CO °-0- p 0O a- X906.5 Xg06. 0 CONCRETE WALL FOUND 1/2" IRON PIPE- MAR ED RLS 25715 UG J / FLOOR ELEV.--/ =912.2 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 BUILDING HEIGHT = 29.1 Iw1 I O IMB 1 0 O 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 9/? z 9/o Gil 9By� 413 O' O0 UE UNDERGROUND ELECTRIC UTv UNDERGROUND CABLE TV OF UNDERGROUND FIBER OPTIC Ur UNDERGROUND TELEPHONE oU OVERHEAD UTILITY Uc UNDERGROUND GAS > SANITARY SEWER » STORM SEWER WATERMAIN x x FENCE CURB [TYPICAL] J CALL BEFORE YOU DIGI Gopher State One CaII TWIN CITY AREA: 651-454-0002 TOLL FREE: 1-800-252-1166 CONCRETE SURFACE BITUMINOUS SURFACE SAN NH RIM=N 12.7 T NV=N01.7 0 6 0 C.B. RIM=PO INV=PO' NORTH 20 40 HASSIS PAI NTWORKS CONTACT: Chris Hassis Owner & Operator 651-786-9114 HASSIS PAINTWORKS, LLC Automotive & Marine Collision Repair 1 792 Greeley Street South - Stillwater, MN 55082 COUNTY/CITY: WASH 1 NGTON CO U I J 1 CITY OF REVISIONS: DATE 3-15-22 REVISION ISSUED 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. Dan`lel L. Thurmes Registration mber: 25718 Date: 3-15-22 PROJECT LOCATION: GREELEY ST. S. PID#3303020320014 Suite #200 1970 Northwestern Ave. Stillwater, MN 55082 Phone 651.275.8969 dan@cssurvey .net CORNERSTONE LAND SURVEYING, INC. FILE NAME PROJECT NO. SURVLIL01 G LIL08001 G CERTIFICATE OF SURVEY III X Xx X X x x 0" 0 N T /0 Q Luiz- 1j FE=899.8 / / / / 1/ / 12"RCP Mdr• -114 P:\Projects\Projects - 2022\12226031 - Hassis Paintworks Building Addition\C. Design\Drawing Files\12226031 C100 - Demo.dwg << C.B. RIM=903.4 INV=901.1 SOIL VAPOR SYSTEM (UNDER CONSTRUCTION) EXISTING BUILDING 1792 S. GREELEY ST. DEMOLITION NOTES 1. Verify all existing utility locations. 2. It is the responsibility of the Contractor to perform or coordinate all necessary utility demolitions and relocations from existing utility locations to all onsite amenities and buildings. These connections include, but are not limited to, water, sanitary sewer, cable tv, telephone, gas, electric, site lighting, etc. 3. Prior to beginning work, contact Gopher State Onecall (651-454-0002) to locate utilities throughout the area under construction. The Contractor shall retain the services of a private utility locator to locate the private utilities. 4. Sawcut along edges of pavements, sidewalks, and curbs to remain. 5. All construction shall be performed in accordance with state and local standard specifications for construction. GAS eM EM GAS EXISTING BUILDING 1850 S. GREELEY ST. Gr,s A sof GAS GAS U) FLAG POLE C.B.- RIM=909.5 INV=906.2 0 z GAS GAS CURB CUT 07 u7 <SAN MH RIM=912.7 INV=901.7 SYMBOL LEGEND v • • ' REMOVE AND DISPOSE OF EXISTING BITUMINOUS PAVEMENT SECTION REMOVE AND DISPOSE OF EXISTING CONCRETE PAVEMENT SECTION KEY NOTES 0 REMOVE AND DISPOSE OF EXISTING TREES OREMOVE AND DISPOSE OF EXISTING FENCE cn 0 % OE LLJ LC) Ct �V7 d LL2, . uJ Q uJ OC O iU- r i 4 NORTH 0 10 20 40 z 0 0 z 0 0 0 LL 0 z z_ J w 0 0 0)) 0 J N m a) 0 cri U 0) 0 a) a) C 0) c W 0 0 co J N N 0 0 0 1792 GREELEY STREET SOUTH STILLWATER, MN 55082 1- U 0 0 I hereby certify that this plan, specifications or report was prepared by me or under my direct supervision and that I am a duly licensed Professional Engineer under the laws of the state of Minnesota. /Muo- kh),,, 424 First M. Last, P.E. Date: 05.04.22 Lic. No.: 41885 Rev. Date Description Project #: 12226031 Drawn By: JTM Checked By: MJW Issue Date: 05.04.22 Sheet Title: DEMOLITION PLAN Sheet: 2 zzict X III X X �X x �j FE=899.8 FE=904.7 TOP 18" III III 12"RCP P:\Projects\Projects - 2022\12226031 - Hassis Paintworks Building Addition\C. Design\Drawing Files\12226031 C200 - Paving Plan.dwg C.B. RIM=903.4 J INV=901.1 SOIL VAPOR SYSTEM (UNDER CONSTRUCTION) PROPOSED BUILDING ADDITION (85'x104') FFE = 906.60 NEW LANDING AND STAIRS COORDINATE WITH BUILDING CONSTRUCTION SITE COVERAGE AREAS Hassis Paintworks Size of parcel 54,994 SF Existing impervious 32,766 SF Allowed impervious up to 60% 32,998 SF Proposed impervious 31,144 SF Proposed porous pavement 6,206 SF EM Q J j 20' EXISTING BUILDING 1792 S. GREELEY ST. NOTE: MILL AND OVERLAY EXISTING PAVEMENT AS NEEDED TO GET POSITIVE DRAINAGE. EXISTING BUILDING 1850 S. GREELEY ST. GAS GENERAL GAS _O — — E C.B. RIM=909.5 INV=906.2 R PLANS WATER PER PLANS FLAG POLE PROPERTY LINE EASEMENT LINE RIGHT-OF-WAY LINE GAS GAS GAS GAS G F- 0 0 U) 12' RCP U) 0 cn cn 0 0 cn <SAN MH RIM=912.7 INV=901.7 cn 0 ( SYMBOL LEGEND NEW BITUMINOUS PAVEMENT SEE DETAIL 1/C500 NEW POROUS BITUMINOUS PAVEMENT SEE DETAIL 2/C500 KEY NOTES NEW RIBBON CURB, SEE DETAIL 3/C500 NORTH 0 10 20 40 z 0 U z 0 U 0 I- 0 z L.L z J Nw I..L a_ 0 Lo 2 a) cv J co a) O 0 c a) C O 2 w cs rn U c D) 0) ca c uJ 0 L J CV N O N 4 a) 1792 GREELEY STREET SOUTH STI LLWATE R, MN 55082 (.9 U z J J c 0 0 J — O D Q 00 0 11 N Q N (c?) N gi 1- U a> 0 o- I hereby certify that this plan, specifications or report was prepared by me or under my direct supervision and that I am a duly licensed Professional Engineer under the laws of the state of Minnesota. Vl/l,u.a- G�l� .o12.- First M. Last, P.E. Date: 05.04.22 Lic. No.: 41885 Rev. Date Description Project #: 12226031 Drawn By: JTM Checked By: MJW Issue Date: 05.04.22 Sheet Title: PAVING AND DIMENSION PLAN Sheet: 24" BOXED EAVE STEEL PANEL 24" BOXED GABLE 24" BOXED GABLE 24" BOXED EAVE STEEL PANEL J UNIVERSAL RIDGECAP WITH PREMIUM VENTED OUTSIDE CLOSURE STRIPS (TYPICAL) /- MW-35 RIDGEVENT WITH PREMIUM VENTED OUTSIDE CLOSURE STRIPS (TYPICAL) 30' x 20' NSULATED HIGHER POWER HYDRAULIC DOO 36"x80" SERVICE DOOR 60"x36 WINDOW 60"x36" WINDOW 60"x36" WINDOW 60"x36 WINDOW 60"x36" WINDOW 60"x36" WINDOW 36"x80" SERVICE DOOR 104'-0" SOUTH SIDEWALL UNIVERSAL RIDGECAP WITH PREMIUM VENTED OUTSIDE CLOSURE STRIPS (TYPICAL) MW-35 RIDGEVENT WITH PREMIUM VENTED OUTSIDE CLOSURE STRIPS (TYPICAL) 24" BOXED GABLE 24" BOXED EAVE NOTE: OWNER/CONTRACTOR TO VERIFY CONNECTION TO EXISTING BUILDING AT TIME OF CONSTRUCTION. TRIM AND/OR FLASH AS NEEDED TO MAKE WEATHER TIGHT. r EXISTING BUILDING J PREMIUM PRO -RIB STEEL PANEL 24" BOXED GABLE 24" BOXED EAVE NOTED OWNER/CONTRACTOR TO VERIFY CONNECTION TO EXISTING BUILDING AT TIME OF CONSTRUCTION. TRIM AND/OR FLASH AS NEEDED TO MAKE WEATHER TIGHT. EXISTING BUILDING INSIDE CORNER TRIM "/- 36"x80" SERVICE DOOR 60"x36" WINDOW 60"x36" WINDOW 60"x36" WINDOW 60"x36" WINDOW 60"x36" WINDOW 60"x36" WINDOW 104'-0" NORTH SIDEWALL MW-35 RIDGEVENT WITH PREMIUM MW-35 RIDGEVENT WITH PREMIUM UNIVERSAL RIDGECAP WITH PREMIUM VENTED OUTSIDE CLOSURE STRIPS 12 3 p VENTED OUTSIDE CLOSURE STRIPS VENTED OUTSIDE CLOSURE STRIPS VENTED OUTSIDE CLOSURE STRIPS 12 Q 3 24" BOXED GABLE 24" BOXED EAVE 24" BOXED EAVE 60"x36" WINDOW 60"x36" WINDOW 60"x36" WINDOW 60"x36" WINDOW 60"x36" WINDOW STEEL PANEL 36"x80" SERVICE DOOR 20' x 20' HIGH UFT INSULATED OVERHEAD DOOR 24" BOXED GABLE 12 3 p PREMIUM PRO -RIB STEEL PANEL E24" BOXED GABLE 24" BOXED EAVE STEEL PANEL UNIVERSAL RIDGECAP WITH PREMIUM 12 Q 3 24" BOXED GABLE 24" BOXED EAVE ESIDEWALL FLASHING OR EQUIVALENT 20' x 20' HIGH UFT INSULATED OVERHEAD DOOR INSIDE CORNER TRIM EXISTING BUILDING NOTE: OWNER/CONTRACTOR TO VERIFY CONNECTION TO EXISTING BUILDING AT TIME OF CONSTRUCTION. TRIM AND/OR FLASH AS NEEDED TO MAKE WEATHER TIGHT. 85-0" WEST ENDWALL 85-0" EAST ENDWALL ELEVATIONS SCALE: 1 /8"=1'-0" I hereby certify that this plan, specification, or report was prepared by me or under my direct supervision and that I am a duly Licensed Professional Engineer under the laws of the State of Minnesota. Print Name. Signature: Date: 2--j -22 License #: 464551 ENGINEERING SERVICES 5311 KANE RD. EAU CLAIRE, WI 54703 (715) 878-5555 FOR QUESTIONS PLEASE CONTACT BUILDING DESIGNER AT THE FOLLOWING: ENGINEERINGOMIDWESTMANUFACTURING.COM PROJECT TITLE: SUNNYSIDE (HASSIS) STILLWATER, MN PROF. ENGINEER: JEFF MURRAY PLAN DESIGNER: CHOUA KHA DRAWN BY: JMS DATE: 2/9/2022 SCALE: AS NOTED REVISIONS NO DATE DESCRIPTION , BY 1 2 SHEET TITLE: ELEVATIONS FILE NAME: 535621 M N SHEET NO. S2 CONCRETE NOTES 13" (6) ROWS OF #4 REBAR EVENLY SPACED PP 50' 4" 8"x10" DOUBLE HAUNCHED FOOTING (SEE DETAIL G/3) 17' 8" 36' 0" 50'-6" 22'-0" 12'-6" r R.O. R.O. R.O. +12" (+6" EACH SIDE) •3 .0. 9'-10 3/8" 5 —3 11'-5" 13"x36"x40" 2-WAY HAUNCHED FOOTING (TYP.) (SEE DETAIL E/3) 11'-9" 14' 2" L JIl 12' 0" 12' 0" 32' 6 3/4" 29' 5 3/4" 13"x46"x40" 2-WAY HAUNCHED FOOTING (SEE DETAIL F/3) R 0. 0. J . • .�.};..... •�..__ r.:i'•..':L:4'•i�9{'.�.1:{:. ::t..iti ..ww '4�w.. :. �..•i::�y. i�. )`'N ..1tvi .,.... ^t��r 20' 0" 18' 0" r J 6' 0" 1 (6) ROWS OF #4 REBAR EVENLY SPACED 46" 5" CONCRETE FLOOR (MATERIALS BY OTHERS) PP 13"x46"x40" 2-WAY HAUNCHED CONCRETE FOOTING SCALE: 1 1 /2"=1'-0" 04'-0" 55' 9" r 1; =1— 2'-11" '1 4., 4' 3" FOUNDATION PLAN SCALE: 1 /8"=1'-0" 13"x46"x40" HAUNCHED CONCRETE FOOTING (MATERIALS BY OTHERS) 3" TYP. —I 3" TYP. 29'-6" 9' 9" 85'-0" 33.-3" 12'-6" 5" CONCRETE FLOOR (MATERIALS BY OTHERS) 10" 1 PP NOTE: THE S3 DOOR JAMB COLUMNS MUST BE INSTALLED PRIOR TO POURING THE CONCRETE FLOOR. — ALL CONCRETE SHALL HAVE A MINIMUM COMPRESSIVE STRENGTH OF 3000 PSI AT 28 DAYS. —ALL #4 REBAR TO BE DEFORMED GRADE 60 OR BETTER AND HAVE A MINIMUM SPLICE OVERLAP OF 29". —ALL #5 REBAR TO BE DEFORMED GRADE 60 OR BETTER AND HAVE A MINIMUM SPLICE OVERLAP OF 36". — ALL 90' HOOK(S) SHALL EXTEND VERTICALLY UP THE CONCRETE WALL — HOLD TOP OF WALL DOWN TO BOTTOM OF THE FLOOR AT ALL DOOR ROUGH OPENING LOCATIONS. POUR CONCRETE FLOOR OVER TOP OF WALL. — OWNER/CONTRACTOR SHALL VERIFY ALL DOOR OPENING LOCATIONS PRIOR TO CONSTRUCTION. — FLOOR REINFORCEMENT SHALL BE EITHER 6x6 W1.4xW1.4 CONCRETE WIRE MESH OR #4 DEFORMED REBAR AT 18" O.C. EACH WAY. — ALL REBAR WITH CONCRETE POURED AGAINST SOIL SHALL HAVE A 3" CLEAR COVER. — PERIMETER INSULATION SHALL BE INSTALLED W/ A RIGID, OPAQUE, & WEATHER —RESISTANT PROTECTIVE COVERING TO PREVENT THE DEGRADATION OF THE INSULATION'S THERMAL PERFORMANCE. THE PROTECTIVE COVERING SHALL COVER THE EXPOSED AREA OF THE PERIMETER INSULATION AND EXTEND A MIN. OF 6" BELOW GRADE. VERIFY TO THE BUILDING INSPECTOR THAT THIS IS PROPERLY PROVIDED. — PERIMETER INSULATION SHALL EXTEND FROM TOP OF WALL TO A MINIMUM 4' BELOW GRADE OR TO TOP OF FOOTING. — FOR SOIL INFORMATION REQUIREMENTS SEE GENERAL NOTES ON SHEET S1. FROST WALL FOOTINGS FOOTING LABEL WIDTH # OF REBAR ROWS REBAR SIZE A/3 34" 3 #4 13/3 58" 5 #5 C/3 64" 5 #5 D/3 16" 2 #4 6"— #5 REBAR ® 17" O.C. MAXIMUM HORIZONTAL (CONTINUOUS) (R-10) HIGH DENSITY PERIMETER INSULATION (REQUIRED IN HEATED BUILDINGS) REBAR ® 18" 0.C. HORIZONTAL (SIZE VARIES, SEE CHART) EXPANSION JOINT FLOOR REINFORCEMENT 5" CONCRETE FLOOR 12"—H / / / (MATERIALS BY OTHERS) (WIDTH VARIES, SEE CHART) 6 MIL (0.006 INCH) POLYETHYLENE #4 REBAR ® 18" 0.C. VERTICAL #4 90" REBAR HOOKS, 12" MIN. LAP OF VERTICAL REBAR 12" FROST WALL SCALE: 3/4"=1'-0" 5" CONCRETE FLOOR (MATERIALS BY OTHERS) 48" a• ° d .4 . • 4 ' a° u 4 . a• 4 d' d (5) ROWS OF #4 REBAR EVENLY SPACED (2) ROWS OF #4 REBAR CONTINUOUS 8"x10" DOUBLE HAUNCHED CONCRETE FOOTING SCALE: 1 1 /2"=1'-0" 4. 4 .a .• d• 4 4 �• a • a'. .d n a 4 :Q a a ° d (6) ROWS OF #4 REBAR EVENLY SPACED 36" PP . 4 a • d• —3" a 4 '• . V d • ° • f 1I0" #4 REBAR ® 16" 0.C. MAXIMUM (CONTINUOUS) (QUANTITY VARIES, SEE CHART) 13"x36"x40" HAUNCHED CONCRETE FOOTING (MATERIALS BY OTHERS) 13"x36"x40" 2-WAY HAUNCHED CONCRETE FOOTING SCALE: 1 1 /2"=1'-0" I hereby certify that this plan, specification, or report was prepared by me or under my direct supervision and that I am a duly Licensed Professional Engineer under the laws of the State of Minnesota. Print Nam Signature: Date• 2- -22 icense#:46455 ENGINEERING SERVICES 5311 KANE RD. EAU CLAIRE, WI 54703 (715) 878-5555 FOR QUESTIONS PLEASE CONTACT BUILDING DESIGNER AT THE FOLLOWING: EN GINEERING©MIDWESTMANUFACTURING.COM PROJECT TITLE: SUNNYSIDE (HASSIS) STILLWATER, MN PROF. ENGINEER: JEFF MURRAY PLAN DESIGNER: CHOUA KHA DRAWN BY: JMS DATE: 2/9/2022 SCALE: AS NOTED REVISIONS NO DATE DESCRIPTION BY SHEET TITLE: FOUNDATION PLAN AND DETAILS FILE NAME: S35621 M N SHEET NO. S3 ..- 6; 100'-0" 0 Boat Repair Auto Repair Existing Building 20'Hx20"W 20'Hx20'W Overhead Overhead 20'Hx30'W Overhead OLevel 1 3/32" = 1'-0" .00tirritzect by www,ImageOptImi-zer:net Optimized by wvow.ImageOptimizer_raet iliwater THE B I R T H P L A C E OF M I N N E S O l A PLANNING REPORT TO: MEETING DATE: APPLICANT: LANDOWNER: REQUEST: LOCATION: DISTRICT: REPORT BY: Planning Commission CASE NO.: CD 2022-37 June 22, 2022 Ronald Cardinal sand Stacey Franklin Ronald Cardinal sand Stacey Franklin Consideration of corner side yard setback minimum Variance for a deck. 424 Grove Street South RA —One Family Residential District Frannie Nielsen, Interim Zoning Administrator INTRODUCTION Ronald Cardinal and Stacey Franklin own the property at 424 Grove Street South and are requesting consideration of a Variance to allow a deck within the corner side yard setback of 30 feet. The applicants are requesting the Variance to allow an approximately 272 square foot deck 15.5 feet from the side property line abutting Pine Steet West. SPECIFIC REQUEST Consideration of the following variance: 1. A 14.5-foot variance to Section 31-305. - RA one -family district to reduce the required corner setback from 30 feet to 15.5 feet. 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 district. The proposed use is 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? CD 2022-37 June 22, 2022 Page 2 Minimum corner yard setbacks' purpose includes ensuring structures do not interfere with traffic visibility, fire department access, and retaining uniform land development. • If granted, would the proposed variance be out of harmony with the Zoning Code? The proposed variance to the corner yard setback would be out of harmony with the Zoning Code without determination of a Practical Difficulty. The proposed variance would create disproportionate structural development along Pine Street W. The current structure is nonconforming by not currently meeting the corner yard setback of 30 feet. The structure is approximately setback 20 feet. Under Section 31-216 Nonconforming uses or structures, any nonconformity, including the lawful use or occupancy of land, buildings, structures or premises existing at the time of the adoption of an additional control under this Chapter 31, may be continued (including through repair, replacement, restoration, maintenance, or improvement, but not including expansion). • 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 variance to corner yard setback would act as an improvement to the existing structure at 424 Grove Street S but would not improve the housing stock as a whole as it creates uneven development. If granted, the variance would convey to this property special rights not afforded to other properties in the zoning district. This is not in harmony with the spirit of 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 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; decks are an allowed use in the RA zoning district. 272 square feet is a reasonable deck size. The property currently has approximately 18% lot coverage. The addition of a 272 square foot deck would not result in the property exceeding the 30% lot coverage maximum. • Is the plight of the landowner due to circumstances unique to the property? The plight of the landowner is not due to circumstances unique to the property. The applicants have alternative options to construct a deck of the same size that would not require a variance. The applicants' primary argument for the approval of a variance is that the property is already nonconforming by not meeting the corner side yard setback. While nonconformities are permitted to continue, the nonconformity is not permitted to CD 2022-37 June 22, 2022 Page 3 be expanded. Given there are alternative options for a deck that would not require a variance, the plight of the landowner is not due to unique property circumstances. • Are the circumstances created by the landowner? The property owners created the unique circumstances by requesting a deck than can be placed elsewhere on the property that does not require a variance. While the landowners did not create the existing nonconformity of a 20-foot corner yard setback, circumstances allow for the construction of a deck without a variance. • If granted, would the variances alter the essential character of the locality? The proposed variance would alter the essential character of the locality. The 30-foot corner yard setback ensures uniform design and uniform open space along public right of way. Other nearby homes along Pine Street W have at least approximately a 25-foot setback. 424 Grove Street S already has one of the smallest setbacks along Pine Street W between Seely Street S and Owens Street S. The proposed variance would alter the essential character of the locality by reducing the yard size. 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 variance is due to factors apart economic considerations, but practical difficulties have not been established. The request for a variance is due to convenience rather than need. 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: 1. Plans shall be substantially similar to those found on file with Case CD 2022-37, 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. 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 While the applicant has expressed the structure is already nonconforming, this is not sufficient grounds for the granting of a variance as nonconforming structures and uses shall not be expanded. CD 2022-37 June 22, 2022 Page 4 Staff finds the requested variance is not in harmony with the general purposes and intent of the zoning code, is not consistent with the Comprehensive Plan, nor has practical difficulty been established. Therefore, staff recommends denial of the application. Attachments: Site Location Map Variance Application Deck Plans cc: Ronald Cardinal sand Stacey Franklin stiellwater 216 4th Street North Stillwater MN 55082 651-430-8800 www.ci.stillwater.mn.us PlanningDep@ci.stillwater.mn.us Planning Department PLANNING APPLICATION Planning Commission ACTION REQUESTED Special/Conditional Use Permit X Variance Resub division* Subdivision* Line Adjustment* Please read carefully: Case Case No. 2022-37 [Base Fee: $150 DateFiled: 5/16/2022 +CountyRecording fee Receipt NO.: $50 per document + Tech Fee: $25.00 Total Fees: $175.00 Comprehensive Plan Amendment* Zoning Amendment* Planning Unit Development * Certificate of Compliance *An escrow fee is also required to offset the costs of attorney, engineering fees and recording fees. • Only one copy of supporting materials is required. However, any documents larger than 11 x 17 must be submitted in paper and in pdf format. • Review the 'Checklist to the Planning Administration Application Form' for the complete list of required items that must be submitted. Any incomplete application or supporting material will cause your application to be rejected by the City. • Applications will be rejected without a legal description. A legal description is found on the deed to the property. Attach as an exhibit if necessary. After Planning Commission approvals, there is a 10-day appeal period. Once the 10-day appeal period has ended, the applicant will receive a zoning use permit which must be signed and submitted to the City to obtain the required building permits. PROPERTY IDENTIFICATION Address of Project: 424 Grove Street South, Stillwater, MN 55082 Assessor's Parcel: 2903020440042 (PIN Number) Complete Property Legal Description : PT OF LOT 6 006 COM AT NW COR OF LOT 6 BLK 6 MC KINSTRY & SEELEYS ADD THENCE SOUTH ON WEST LINE OF SD LOT 6 & EXTENSIONS THEREOF TO NORTH LINE OF PINE ST THENCE EAST ON NORTH LINE OF PINE ST TO WEST LINE OF GROVE ST THENCE NORTH ON WEST LINE OF GROVE ST TO NORTH LINE OF LOT 6 TO PLACE OF BEG TOGETHER WITH ANY PORTIONS OF ANY VACATED STREET CONTINUOUS THERETO. MCKINSTRY & SEELEYS ADD 2ND WARD SUBDIVISIONNAME MC KINSTRY AND SEELEY'S ADD LOT 6 BLOCK 6 SUBDIVISION CD 10415 Zoning District: RA: One Family District Description of Project: See building permit application. To install a deck, approximately 16' by 10' on backside of house where a cement patio currently is. The patio would remain, but no extra property would be taken up by the deck except a landing area outside the south side of the home. A door would be constructed allowing access from the house to the deck. The landing would be attached to the home and be 4 feet wide. There is a variance needed for this as well since the home is currently approximately 20 feet from the property line. There are trees and shrubs between where the landing and the property line resides and the landing would be nearly invisible, and there is plenty of room remaining up to the property line. Just to reiterate only the 4-foot-wide landing would be taking up lot space. The deck itself would be positioned on an already existing structure. S IS 3A0219 og 2903020440042 09 litikm a .Cr cV ce LEDGER FLASING anis 11VM LEDGER ATTACHMENT: 5/16" GRK Lag Screw lb" O.G. DECK JOIST 2x10 AG2 FLOOR JOIST JOIST HANGER 2X10 DECK LEDGER AG2 LATERAL LOAD BRACING anis 11VM RAIL HT 36" CONTRACTOR: JG HAUSE CONSTRUCTION CUSTOMER: RON CARDINAL 6211 UPPER 51 ST ST N 424 GROVE ST 5 OAKDALE, MN 55128 STILLWATER, MN 55082 _i X J V D cn H Ln W K 12" WIDTH, 48" DEPTH, 3000 PSI DBL HANGER Ron Cardinal z H O O 0 DECK HT: 9'0" DBL HANGER DBL HANGER JOIST DIRECTION 10xlb DECK DBL HANGER 2X10 JOISTS - 12" 0.G. .Q Cardinal Job 424 Grove 5t 5 CN co O 111 LIl z I L CZ ln 2Xb Header 2'8 5teel Door w/Glear Glass liq--11._ MID 1 CA iliwater THE BIRTHPLACE OF M i N N F' O f A DATE: June 16, 2022 TO: Honorable Chair and Planning Commissioners FROM: Ben Gutknecht, Assistant Planner SUBJECT: Resubdivision Request in RB: Two -Family Residential District; Lot Split Request to split one lot into two new lots at 905 Hickory St W, CD 2022-38 BACKGROUND The Property Owner (applicant) of 905 Hickory St W is requesting to split their current lot into two individual lots. The existing property is a 15,758 square foot interior lot. The existing residence is located on the easterly side of the lot and consists of a dwelling, detached garage, shed, and patio. The westerly portion of the lot is vacant. The underlying zoning district is the RB: Two -Family District and the property is located within the Neighborhood Conservation Design District. The applicant's specific request is the subdivision of an existing 15,758 square foot parcel into an 8,059 square foot parcel (Parcel A) and a 7,699 square foot (Parcel B). Parcel A would contain the existing residence and a new single-family home is proposed for Parcel B. ANALYSIS Dimensional Standards Parcel A (Existing House) Parcel B Standard Proposed Standard Proposed Lot area 7,500 sf 8,059 sf 7,500 sf 7,699 sf Lot width (interior) 50' 53.75' 50' 51.3 Lot depth 100' 150' 100' 150' Lot cover: bldg. 25% 25.60% 25% 24% Lot cover: other impervious 25% =20.18% 25% 10.4% Front setback house 20' 39.6' 20' 30' Interior side setback: (house) 5/15'1 East lot line 24' West lot Tine=10.2' 5/15'1 East lot linerz5' West lot Tine=10' Interior side setback: (garage) Attached=5' Detached=3' East lot Tine=0.5' West lot Iine�39' Attached=5' Detached=3' East lot line=5' West lot Iine,=--10' Interior side setback: (shed) Attached=5' Detached=3' East lot line�2.2' West lot Iine=z37' Attachedk5' Detached=3' N/A Rear setback (house) 25' 64' 25' =59' Rear setback (garage) Attached =5' Detached= 3' 41.5' Attached =5' Detached= 3' N/A Rear setback: (shed) Attached =5' Detached= 3' 12.4' Attached =5' Detached= 3' N/A A total of both interior side yards of 15', with a minimum of 5'. In reviewing the table above, if the lot is split as proposed the following items should be addressed for Parcels A and B. Parcel A currently has a legal non -conforming garage and legal non -conforming shed within the required side yard setback. These sheds are proposed to remain legal non- conforming. The survey dated March 30, 2022 incorrectly categorizes decks as "surface/other" impervious surface rather than "structural" impervious surface, further it incorrectly states that due to the lack of concrete under the deck, the deck is not considered impervious. When including the decks into the structural impervious surface the proposed structural impervious surface increases to approximately 26.99%. This would be creating an illegal nonconforming impervious surface. Parcel B, as described on the survey dated March 30, 2022, is proposed to be in compliance with all dimensional standards outlined in Section 31-308 of the City Code. Further, the survey dated March 30, 2022 conveys a "Possible House Location" that also appears compliant with all relevant dimensional standards outlined in Section 31- 308. Sewer and Water There is currently sanitary sewer and municipal water at the existing property. Additionally, there are no pending utility assessments for this property. As a note, when a building permit is requested for a new single-family dwelling, utility connection and meter fees will be due. In 2022 those fees will be $3,935.50 and any associated Engineering hookup fees. Easements City Code Section 32-1, Subdivision Regulations, Subd. 6, Minimum Design Standards, Subsection (8) requires an easement of ten feet on the front lot lines and five feet on the rear and side lot lines must be provided for public utilities, as well as surface drainage. The easements will need to be submitted to the City prior to release of approved deeds from City offices for recording with Washington County. However, due to the location of the legal nonconforming garage, it is recommended that there not be a side yard easement along the east property line of Parcel A. Park & Trail Dedication Neither parks nor trails are planned for the property or its immediate surroundings. Per Section 48-51, Subd. 4 and Subd. 6, the subdivider may pay parkland dedication fees in lieu of physical improvements. These fees are $500 for trails and $2,000 for park dedication. These fees will be due to the City for Parcel B upon release of its approved deed from City offices for recording with Washington County. Parcel A has an existing home and is therefore exempt from both of these fees. RECOMMENDATION Staff recommends that Planning Commission approve the lot split with the following conditions: 1. A $500 trail fee and a $2,000 park fee will be due to the City for Parcel B upon release of its deed from City offices for recording with Washington County. 2. The sanitary sewer and municipal water hook-up fees must be paid prior to release from City offices of the approved deed for Parcel B. These fees do not apply to Parcel A. 3. A stormwater management plan must be submitted to the City Engineer and approved prior to release of a building permit for Parcel B. The plan must show that the runoff volume control standards of the City or watershed district, whichever is more restrictive, are met. 4. Amend the survey notes pertaining to structural coverage and impervious coverage as noted within this report. ACTION REQUESTED Motion to approve the lot split for 905 Hickory St W per conditions 1-3 outlined in the staff report. . ir 4, --� .::. .. . .. ' - Irgi 1.17 Ly `' ati, ''A_"=@� St _ The t _________ Birthplace 1 Ewa of Minnesota ter :, Site Location . .. a .• �.._. .:; ', \ ,. ' '�� �; Ali • .�Y • -,,ia7r�!� �, .. :f14 I . .� ' - '- .'.;Y ti'�/a'. ' -.-1 :-.,- ' _ 905 Hickory St W. 0 37.5 75 150 Feet .i. .' 4.. .+i, . Q • ;. :; , General Site Location • • •� • att. i ; •‘ . p'Y • '{. ' t ;.IIIII��11ik,_ . :,.®l�i:i '' 1 , �.I . _ �(.' ) i• ..0." t S rl 1 R '•'. , . iC ' •1 �,.1 { - .� '? L �T [ \' •l•Ij*iu;1r •�'•.'"K �•L .. . G. ~ •- C.' r% ��I/����--.dI / l���ler -1 I%� _. Li - ®® IP//������I► _ 4f gr � y1 • S Ar ,ILL. - I� .. , J -��� Al�• a.m. 1111 T•, 'y `Try. - I. , :9.' - A• '. ; �� ^.� " Jenn Sundberg From: Daved Najarian <dnajaria@icloud.com> Sent: Monday, May 2, 2022 12:25 PM To: Planning Dept Subject: 905 Hickory St. W Stillwater, Re -subdivision application Attachments: Najarian Lot Survey.pdf; Najarain Split Lot Survey.pdf 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. Hello Planning department! There are two survey documents attached; one shows the current property in its entirety legally described as "LOTS 17 & 18 E 10 FT OF 19 H R MURDOCK'S 2ND ADD 3RD WARD SUBDIVISION NAME H R MURDOCK'S 2ND ADD LOT 17 SUBDIVISIONCD 09836". The other document shows the proposed lot split and necessary adjustments to impervious surfaces as well as well as proposed connections to city water service and city sanitary sewer service. Within document #2 you will find the proposed improvement areas, proposed parcel areas, as well as proposed legal descriptions. Note: Proposed house and driveway locations are for reference purposes only. PLEASE NOTE: Proposed house outline is much larger than we would plan to build (shown simply to illustrate what a maximum footprint (24.9% of lot) would look like). Current outline of proposed home is 1,848 sq ft footprint whereas we are planning to be closer to 900-1,000 sq ft. footprint. Please let me know if there is anything else you would like to see! Thanks so much for your time. Daved Najarian 651.303.1582 dnaiaria@icloud.com 1 PROPERTY IDENTIFICATION Address of Property: 905 Hickory St. W Stillwater, MN 55082 Complete Property Legal Description: Lots 17 and 18 and the East 10 feet of lot 19, H. R. Murdock's Second Addition to Stillwater, Washington County, Minnesota Assessor's Parcel No. : 2803020220096 Zoning District: RB- Two family district Project proposal: This application is for a subdivision of a property. The proposed project would consist of splitting off a portion of 905 Hickory St. west Stillwater, MN 55082 into a separate lot with the goal of building a home on said split lot. There are two survey documents attached; Document #1 shows the current property in its entirety legally described as "LOTS 17 & 18 E 10 FT OF 19 H R MURDOCK'S 2ND ADD 3RD WARD SUBDIVISION NAME H R MURDOCK'S 2ND ADD LOT 17 SUBDIVISIONCD 09836". Document #2 show the proposed lot split and necessary adjustments to impervious surfaces as well as well as proposed connections to city water service and city sanitary sewer service. Within document #2 you will find the proposed improvement areas, proposed parcel areas, as well as proposed legal descriptions. Note: Proposed house and driveway locations are for reference purposes only. Owner contact info Daved Najarian 651.303.1582 dnajaria@icloud.com Driveway 35 feet from front property line 10+ feet from west property Tine Both lots must be atlea 7. 500 sf 5+ feet from east property line 5+ feet from west property line Both lots must be atlea 7 500 sf 1r1 ;r. Property line must be 5' from house WEST HICKORYST. 0 5 30 NORTH LEGAL DESCRIPTION: ILEWL DFSCRIVFION RANT,' DEED DOC. no. 40281121 Amnon m snnwaer,Wa:nmotonC urrv.IMinnesot. Second TITLE NOTES: NO rtTLECOMMrTMENT OR TITLE OPINION WAS PROVIDED TO THAT WOULD SHOW EASEMENTS OR ENCUMBRANCES EFFECTING THE PROPERTY SLIRVEYED. ESSEMENTS MAY DOST THAT ARE NOT SHOWN, AREA: TOTAL AREA AS SHOWN - 15.758 SQ.FT. SURVEY NOTES: 1. RINGS ARE BASED ON THE WASHINGTON COUNTY COORDINATE SYSTEM NAD 1983. 2. UNDERGROUND UTILITIES SHOWN PER GOPHER ONE LOCATES AND AS-BUILTS PLANS PROVIDED BY THE CITY OF STILLWATER ENGINEERING 3. THERE MAY SOME UNDERGROUND UTILITIES, GAS, ELECTRIC, ETC. NOT LOCATED.SHOWN OR 4. SURVEYS BYFOL2, DATED 6-10-93 AND STACK DATED 5-4-92 WERE UTILIZED FORT THE BOUNDARIES SHOWN HEREON. EXISTING IMPROVEMENT AREAS: HOUSE = 284 DECK 01 & STEPS = 112 DECK 02&STEPS =212 DECK . GARAGE 6 STEPS 158 = HOT TUB - 46 SHED - 320 DRIVEWAY- 1456 CONCRETE.13 PATIO =151 WALLS = 218 SQUARE FEET) TOTAL IMPROVEMENTS i= e SQ.FT. - 26.2% 1%OF LOT AREA) NAJARIAN RESIDENCE DAVED NAJARIAN 905 HICKORY ST. W. STILLWATER, MN 55082 651-303-1582 COUNTY/CITY: COUNTY C I MY' O F ST11_ ER DATE VISION -30 22 PRELIMINARY ISSUE CERTIFICATION: erebyamNtnal tnisp der PROJECT LOCATION: � 0 5 HICKORY ST. W. PID#2803020220096 Suite *200 19 Northwestern Ave. Stillwater. MN 55082 Phone 651.275.8969 aanMessurvey CORNERSTONE LAND SURVEYING, INC. FILE NAME Z2193A PROJECT NO. 2208193A CERTIFICATE OF SURVEY © SET OFFSET HUB 7,11M K PROPOSED ELEVATION PROPOSED CONTOUR a PROPOSED DRAINAGE DENOTES EXISTING ELEV. DENOTES SILT FENCE \gyp EXISTING cam-0W. PROPOSED IMPROVEMENT AREAS PARCEL A GARAGE —534 SHED = 320 TOTAL = 1,688 20.1%OF PARCEL AREA DECK 42&STEPS =217 DECK #3&STEPS =158 DRIVEWAY # 56 CONCRETE=43 TOTAL HARD SURFACE = 2,001 24.8%OF PARCEL AREA SQUARE FEET) DECK #1 DOES NOT HAVE CONCRETE UNDERNEATH THE DECK AND IS NOT CONSIDERED PART OF THE CALCULATION. PARCEL 8 BUILDINGS 25% = 1,848 SHOWN - 1,924 MAX HARD SURFACES 25%(LESS WALLS) = 213 SHOWN - 1,834 MAX WALLS = 91 NOTE: PROPOSED HOUSE AND DRIVEWAY LOCATIONS ARE FOR REFERENCE PURPOSES ONLY. BUILDING PLACEMENT NOT SUBJECT TO THE LOCATION SHOWN ON THIS SITE PLAN. SEE REQUIRED BUILDING SETBACKS FOR THE R2 ZONING DISTRICT. PROPOSED PARCEL AREAS: TOTAL AREA AS SHOWN = 15,758 SQ.FT. PROPOSED PARCEL A = 8,05E SQ.FT. PROPOSED PARCEL B = 2,69E SQ.FT. POSED LEGAL DESCRIPTIONS: Lots 17 and that part of Lot 18 which lies easterly of the westerly 41.33 wazn thereof. RDOCK'S SECOND ADDRION To STILLWATER, PARCEL B The westerly 41.33 of Lot 18 and the easterly D0feetofLot1R. H. R. MURDOCK'S ECONDADDITIONTOSTILLWATER,Wa. 9t0 County. 0 5 30 NORTH LEGAL DESCRIPTION: namnon m snnwater,Wa:nmotoonC unrv.IM'innesowumo<xe Second TITLE NOTES: NO QTLE COMMITMENT OR TITLE OPINION WAS PROVIDED TO THAT WOULD SHOW EASEMENTS OR ENCUMBRANCES EFFECTING THE PROPERTY SURVEYED. EASEMENTS MAY DOST THAT ARE NOT SHOWN, AREA: TOTAL AREA AS SHOWN = 15,758 SQ.FT. SURVEY NOTES: 1. RINGS ARE BASED ON THE WASHINGTON COUNTY COORDINATE SYSTEM NAD 1983. 2. UNDERGROUND UTILITIES SHOWN PER GOPHER ONE LOCATES AND AS-BU1LTS PLANS PROVIDED BY THE CITY OF STILLWATER ENGINEERING 3. THERE MAY SOME UNDERGROUND UTILITIES, GAS, ELECTRIC, ETC. NOT LOCATED.SHOWN OR 4. SURVEYS BYFOLZ, DATED 6-10-93 AND STACK DATED 5-4-92 WERE UTILIZED FORT THE BOUNDARIES SHOWN HEREON. EXISTING IMPROVEMENT AREAS: HOUSE = 784 DECKS = 483 GARAGE = 534 HOT TUB = 46 SHED = 320 DRIVEWAY = 6 CONCRETE=194 MISC. = 39 WALLS = 218 TOTAL M(%OF LOT AREA)Q12 4 SQ.,. 26.2% NAJARIAN RESIDENCE DAVED NAJARIAN 905 HICKORY ST. W. STILLWATER, MN 55082 651-303-1582 COUNTY/CITY: CONTYc 0 Ul,J C • MY' O F ST1 LLWATER REVISIONS DATE VISION -30 22 PRELIMINARY ISSUE CERTIFICATION: Xerelertiriar this tlanpreLared marl PROJECT LOCATION: � 0 5 HICKORY ST. W. PID#2803020220096 Suite *200 19 Northwestern Ave. Stillwater, MN 55082 Phone 651.275.8969 danMessurvey CORNERSTONE LAND SURVEYING, INC. FILE NAME Z2193A PROJECT NO. ZZ08193A CERTIFICATE OF SURVEY I11wat!r THE BIRTHPLACE OF MINNESOTA DATE: June 17, 2022 TO: Honorable Chair and Commissioners FROM: Tim Gladhill, Community Development Director SUBJECT: Interim Use Permit Ordinance BACKGROUND As the City evaluated long-term policy on outdoor uses such as outdoor seating/dining and outdoor events following two (2) years of relaxed rules during the COVID-19 Pandemic, the City had the opportunity to learn how these uses might be able to be expanded long-term and administered in a better way. The City Council has already addressed events and outdoor seating in public spaces. This ordinance focuses on events and outdoor seating on private property. Currently, outdoor seating/dining and outdoor events on private property is allowable as a Conditional Use in most areas of the City. This is especially true for areas in close proximity to residential uses. Conditional Uses are allowable uses that require Planning Commission Approval (not an administrative/staff approval) wherein the Planning Commission can attach reasonable conditions to mitigate reasonable concerns. The struggle the City has had with this approach in the past is that once approved, the approval is perpetual with the land and does not expire unless there is a violation of the terms of the agreement. The approval transfers to future owners. Often times the City finds a particular request reasonable at the time, but isn't comfortable with a perpetual approval. In response, the City Council directed Staff to introduce a new tool (to Stillwater) known as an Interim Use Permit. This essentially functions as a Conditional Use Permit, but does expire. The expiration can be tied to a specific date or an event in time. Interim Uses are essentially authorized by Statute to address uses that may be acceptable under Zoning Code today, but may not be acceptable in the future. This draft ordinance also streamlines administration after initial approval. The initial Interim Use Permit approval must be granted by the Planning Commission. From there, annual renewals may be processed administratively. RECOMMENDATION Staff recommends that the City adopt the attached ordinance. ACTION REQUESTED Motion to recommend that the City Council adopt the Interim Use Permit Ordinance. ORDINANCE NO. CITY OF STILLWATER WASHINGTON COUNTY, MINNESOTA AN ORDINANCE ESTABLISHING INTERIM USE PERMITS AND AUTHORIZING OUTDOOR SEATING AS AN INTERIM USE WITH PERFORMANCE STANDARDS The City Council of the City of Stillwater does ordain: SECTION 1. ENACTMENT. Stillwater City Code Chapter 31, Article V, Division 3 Performance Standards in Non -Residential Zoning Districts, is hereby amended to include a new Section 31-320, Outdoor Seating Requirements, which shall be enacted as follows: 31.207.1 INTERIM USES. (a) Purpose/standards. In order to give flexibility to the district use regulations of this chapter, which is necessary to achieve the objectives of the Comprehensive Plan, interim uses are allowed in certain districts subject to the granting of an interim use permit. Because of their temporary characteristics, interim uses require special consideration so they may be located properly with respect to the objectives of the Comprehensive Plan and with respect to their effects on surrounding properties. In order to achieve these purposes, the Planning Commission is empowered to grant and to deny applications for interim use permits and to impose reasonable conditions upon the granting of these permits. Uses authorized under this section shall be considered a conforming use, but only in accordance with the conditions set forth in the interim use permit. (b) The Planning Commission may grant an interim use permit for the interim use of property if: (1) The use conforms to the zoning regulations; (2) The date or event that will terminate the use can be identified with certainty; (3) Permission of the use will not impose additional costs on the city if it is necessary for the city to take the property in the future; and (4) The user agrees in writing to any conditions that the Planning Commission deems appropriate for permission of the use. (c) Exhibits. The following exhibits shall be required: (1) Map or plat as listed on the application form; (2) Plans and drawings as listed on the application form; and (3) Other documents as requested by the City. (d) Hearings. The Planning Commission shall hold a public hearing on the application following notice of the time, place and purpose of the hearing published in the official newspaper of the city at least ten days prior to the day of the hearing. Following the public hearing, the Planning 1 Commission shall approve or deny the application. If approved, the applicant shall sign the Interim Use Permit agreeing to all terms and conditions therein. (e) DeniaL The Planning Commission may deny an application for an interim use permit upon a written finding of legally sufficient reasons with a factual basis. No application for an interim use permit that has been denied wholly or in part shall be resubmitted for a period of six months from the date of the order of denial, except on grounds of new evidence or proof of changes of conditions found to be valid by the Planning Commission. (f) Lapse of interim use permit. An interim use permit shall lapse and become null and void three months following the date on which the interim use permit became effective if it is not in use. (g) Revocation/termination. A violation of any condition set forth in an interim use permit shall be a violation of this chapter and shall terminate the interim use permit. (h) Exceptions. Notwithstanding the provision of division (d) above, an interim use shall not require a hearing before the Planning Commission and may be approved administratively by the Community Development Director, provided that: (1) The application is a renewal of an interim use permit which was previously approved by the Planning Commission; (2) There have been no issues or violations with the existing interim use permit; (3) There are no substantial changes to the interim use permit as determined by the City Planner; (4) The Community Development Department has conducted an administrative review; and (5) The property owner on which the interim use permit is located is current on all city fees. SECTION 2. ENACTMENT. Stillwater City Code Chapter 31, Article V, Division 3 Performance Standards in Non -Residential Zoning Districts, is hereby amended to include a new Section 31-320, Outdoor Seating Requirements, which shall be enacted as follows: Sec. 31-320. — Outside Seating Requirements. Outside seating pursuant to Table in Section 31-325, subject to following provisions: (1) Seating areas shall be shown on a seating plan, identifying the number of tables and chairs and their approximate location. (2) Seating areas shall be located on private property, or if on public property, if approved by the City as a Special Event or in a License or Encroachment Agreement. (3) Seating areas shall not obstruct required accesses, entrances or exits. (4) Tables and chairs shall be maintenance free furniture that enhances the appearance of the business. (5) No food or beverages shall be served outside of the seating area. 2 (6) Lighting shall only illuminate the seating area. Lighting levels must not exceed zero foot- candles at the abutting property line. (7) All tables and chairs shall be kept in a clean and sanitary manner. Outdoor trash receptacles shall be provided. (8) The seating area shall have approved landscaping and fencing or other decorative screening that differentiates the outdoor seating areas from other areas, such as sidewalks, streets or parking areas. (9) If over eight (8) seats, In addition to the required number of parking spaces pursuant to the principal use, additional parking shall be required at a ratio of one parking space for every four seats in the outdoor seating area. (10) Signage shall be posted that prohibits the consumption of alcohol outside of the seating area. SECTION 2. AMENDMENT. Stillwater City Code Chapter 31, Article III, Division 3, Section 31-325, allowable uses in non-residential districts is hereby amended as follows: ALLOWABLE USES ZONING DISTRICTS Outside eating cstablishmcntsareas Outside sales or special events; CA CBD CUP IUP VC BP- CUP IUP BP- 0 CUP IUP BP -I CRD PA CUP IUP PWFD PROS HMU R IUP CUP IUP P = Permitted use CUP = Use permitted with a Conditional Use Permit IUP = Use permitted with an Interim Use Permit PUD = Use permitted with a Planned Unit Development Permit A = Accessory use ACC = Allowed as an accessory improvement to an allowed use located on or adjacent to the site NC Formatted: Font color: Auto, Superscript Blank cell in table means that the use is NOT allowed. SECTION 2. SUMMARY PUBLICATION. Pursuant to Minnesota Statutes Section 412.191, in the case of a lengthy ordinance, a summary may be published. While a copy of the entire ordinance is available without cost at the office of the City Clerk, the following summary is approved by the City Council and shall be published in lieu of publishing the entire ordinance: An ordinance establishing a process for Interim Use Permits and establishing performance standards for outside seating as interim uses. SECTION 3. EFFECTIVE DATE. This ordinance shall be effective after its passage and publication according to law. Approved this day of , 2022. CITY OF STILLWATER Ted Kozlowski, Mayor ATTEST: Beth Wolf, City Clerk Publish: Stillwater Gazette - 4