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HomeMy WebLinkAbout2023-04-26 CPC Agenda Packet1 I Iwa ter216 4th Street N, Stillwater, MN 55082 651-430-8800 The Birthplace ofMinn esota 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. PLANNING COMMISSION MEETING April 26t', 2023 Add -On REGULAR MEETING 7:00 P.M. L CALL TO ORDER II. ROLL CALL III. APPROVAL OF MINUTES 1. Possible approval of March 29, 2023 regular meeting minutes. 2. Possible approval of January 25, 2023 regular meeting minutes. IV. OPEN FORUM - The Open Forum is a portion of the Commission meeting to address subjects which are not apart 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. 3. Case No. CD 2023-01: Adopt Findings of Fact to Support Denial of Variance at 505 Elm St W (Wilson Construction Services/Archangel Assets, LLC) 4. Case No. CD 2023-07: Adopt Findings of Fact to Support Denial of Conditional Use Permit at 2001 Washington Ave. S (Rocket Car Wash) VI. UNFINISHED BUSINESS 5. Case No. CD 2023 — 03 and Case No. CD 2023 — 06: Reconsideration of Conditional Use Permit Conditions for Restaurants at 224 Chestnut St E and 221 Myrtle St E in the Central Business District 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. 6. Case No. CD 2023-13: Interim Use Permit for Outdoor Events at River Siren Brewing at 225 Main Street North (Staff Reviewer: Ben Gutknecht, 651-430-8818) 7. Case No. CD 2023-14: Interim Use Permit for Outdoor Seating and Conditional Use Permit for Graphic Design Signs in Union Alley (Staff Reviewer: Yasmine Robinson, 651-430- 8822) 8. Case No. CD 2023-15: Interim Use Permit for St. Croix Brewing Outdoor Patio at 114 Chestnut Street East (Staff Reviewer: Tim Gladhill, 651-430-8821) 9. Case No. CD 2023-16: Interim Use Permit for Lolito Outdoor Patio at 243 Main Street South (Staff Reviewer: Tim Gladhill, 651-430-8821) 10. Case No. CD 2022-57: Text Amendment to amend performance standards for accessory structures and accessory uses (Staff Reviewers: Yasmine Robinson, 651-430-8822 & Ben Gutknecht, 651-430-8818) VIII. DISCUSSION IX. FYI — STAFF UPDATES X. ADJOURNMENT (499ateir THE lINTNELACE OF MINNESOTA PLANNING COMMISSION MEETING MINUTES March 29, 2023 REGULAR MEETING 7:00 P.M. Chairman Dybvig called the meeting to order at 7:02 p.m. Present: Chairman Dybvig, Commissioners Cox, Hoffman, Steinwall, Swanson, Councilmember Odebrecht Absent: None Staff: Community Development Director Gladhill, Assistant Planner Gutknecht, Planning Manager Robinson Chairman Dybvig announced: 1) although the Sundance Project is listed on the agenda, the original application was withdrawn and will not be discussed at this meeting; 2) Commissioner Knippenberg has resigned her seat due to moving out of town. The Commission will seek applicants for three open seats this spring. APPROVAL OF MINUTES Possible approval of minutes of February 22. 2023 regular meeting Motion by Commissioner Cox, seconded by Commissioner Hoffman, to approve the minutes of the February 22, 2023 meeting. Motion passed 5-0-1 with Councilmember Odebrecht abstaining. OPEN FORUM There were no public comments. CONSENT AGENDA There were no items on the Consent Agenda. UNFINISHED BUSINESS There was no unfinished business. PUBLIC HEARINGS Case No. CD 2022-86: Variance to Reduce Exterior Side Yard Setback at 503 4th Street North: Weitzel (Staff Reviewer. Ben Gutknecht. 651-430-8818) Assistant Planner Gutknecht reviewed the case. The applicant is seeking a sideyard setback Variance for reconstruction of a previously lawful, approximately 112 square foot enclosed porch to be set back approximately 7 feet from the exterior side yard lot line (25 feet required). In 2019, the property owner received a permit to remove a 112 square foot porch in the exterior side yard, with a plan to replace it shortly after. At the time of removal, the porch was considered lawful nonconforming and could have been replaced as it was, provided a building permit was applied for and issued within one year. However, due to other work being done at the property, the porch was not replaced within the life of the building permit and lost the legal non -conforming status. Based on the fact that this porch previously existed and Planning Commission March 29, 2023 efforts were originally made to replace it under lawful, nonconforming protections, staff recommends approval with four conditions. Sheryl Weitzel, applicant, said she wishes to replace the porch originally built in 1920. Chairman Dybvig opened the public hearing. There were no public comments. He closed the public hearing. Motion by Commissioner Cox, seconded by Commissioner Steinwall, to approve the variance to the exterior side yard setback at 503 4th Street North, with the four staff -recommended conditions. All in favor. Case No. CD 2023-01: Variance to Lot Coverage (Building) and Setbacks Located at 505 Elm Street West: Wilson (Staff Reviewer: Tim Gladhill, 651-430-8821) Community Development Director Gladhill reviewed the application. The applicant is proposing a one-story, 2,169 square foot single-family dwelling. The Planning Commission approved a lot split to create this lot in 2021 (originally part of 819 William Street North). As part of that lot split, the property owner received a rear yard setback Variance for the existing home that remained on the original lot. The applicant (Wilson Construction Service, LLC/Michael Wilson) is seeking to purchase the property from Archangel Assets 4, LLC (Michael Russ). The 2,001 square foot building footprint (plus a future 168 square foot deck) totals 29% lot coverage (25% allowed). Staff has encouraged the applicant to reduce the footprint of the home to eliminate the need for a lot coverage Variance. Additionally, staff has indicated that the Heritage Preservation Commission (HPC) and Planning Commission may have concerns about the orientation of the garage which is required to be 10 feet back from the front of the home. In February the HPC reviewed the design and tabled action; the application will go to the HPC again in April. The City has until May 20, 2023 to take final action on this request, including HPC, Planning Commission and any potential appeal to the City Council. Staff recommends that the Planning Commission hold the public hearing and table final action until the HPC approves the building design (consistent with past practice). Mike Wilson, Wilson Construction Service, applicant, stated that he struggles with setting the garage back on that small of a lot and still having adequate space for the house. Chairman Dybvig opened the public hearing. Michael Russ, 501 Main Street North, property owner, stated they had a deal done on this property a year ago and the HPC decided they wanted a two story design with three bedrooms up, and it was not meeting the market conditions. The current design is much more marketable and sellable. Additional lot coverage is needed to get a one level rambler, thus the request for the Variance to get a sellable property. Chairman Dybvig closed the public hearing. Motion by Commissioner Steinwall, seconded by Councilmember Odebrecht, to deny Case No. CD 2023-01, lot coverage and setback Variances for 505 Elm Street West. Councilmember Odebrecht commented that he loves the design but the Variance must meet the practical difficulty test, and financial reasons are not allowed to come into the decision making. Chairman Dybvig noted he too fails to see a practical difficulty; the lot size is typical for this neighborhood. The design would fit in many other neighborhoods in Stillwater but the garage - forward design and trying to over -expand what is allowed by code can't be justified here. Page 2 of 9 Planning Commission March 29, 2023 Commissioner Cox noted the Commission sees many lot coverage Variance requests. If the Variance were granted, once the house is built, there would be no wiggle room for a homebuyer to add exterior surfaces like a deck. Mr. Gladhill stated that staff will bring findings supporting the decision to the next meeting, and that the applicant or property owner has 10 days to appeal the decision to the City Council. All in favor. Case No. CD 2023-02: Variance to Maximum Accessory Structure Size located at 304 Holcombe Street South: Long/Ainsbury (Staff Reviewer: Ben Gutknecht, 651-430-8818) Mr. Gutknecht stated that the applicants and property owners are seeking a Variance for the expansion of a detached garage, increasing the total accessory structure and garage coverage to 1,640 square feet (1,000 square feet allowed). Currently there are two garages on the property: one is detached and behind the house, in the southwestern corner of the property, accessed from Holcombe Street. The other garage is attached to the principal dwelling, accessed from Olive Street. In 2019, the property owners received a Variance to the 1,000 square foot maximum accessory structure coverage to permit the construction of the attached garage. The property currently has a total 1,400 square feet of accessory structure and garage coverage. The applicants are now requesting a Variance to allow a 240 square foot expansion to the detached garage to provide additional storage area for garden furniture. While the lot is unique in size for this neighborhood, the plight outlined by the landowner that there is an inability to store items in a garage does not satisfy the required practical difficulty requirements. Staff recommends denial. Tim Dean, Barton Construction, applicant, pointed out in 2019 it was the opinion of the board that the policy could potentially be re-evaluated to take into account different situations such as this. The policy was enacted to prevent garage -dominated properties but as written, it takes a one size fits all approach. The property is the size of three traditional lots. The addition of 240 square feet to the back of the existing detached garage in the rear corner of the lot is in full harmony with the intent of the policy and with the neighborhood. He asked the Commission to focus on the intent of the policy rather than the letter of the law. Chairman Dybvig opened the public hearing. There were no public comments. Chairman Dybvig closed the public hearing. Motion by Councilmember Odebrecht, seconded by Commissioner Cox, to deny the Variance to Maximum Accessory Structure Size at 304 Holcombe Street South. Councilmember Odebrecht remarked that no malice is intended, but unfortunately storage needs do not meet the practical difficulties test. Chairman Dybvig agreed, adding the City needs to figure out new standards for large lots. Planning Manager Robinson noted staff is working on the issue and hopes to bring the accessory structure text to the Commission in April. All in favor. Case No. CD 2023-03: Conditional Use Permit to allow a Restaurant in the Central Business District located at 224 Chestnut Street East: Tossed Restaurant (Staff Reviewer: Yasmine Robinson. 651-430-88221 Planning Manager Robinson stated that the applicant is seeking a Conditional Use Permit (CUP) for a new restaurant. Staff finds that the proposed use is consistent with relevant area Page 3 of 9 Planning Commission March 29, 2023 plans and the existing land use pattern of downtown Stillwater, that appropriate conditions have been imposed to protect the public interest, and that the use will not constitute a nuisance or be detrimental to the welfare of the community. Staff recommends approval with three conditions. Tianna Nelson, 15242 64th Street, Oak Park Heights, applicant, explained her business model. Commissioner Steinwall asked what is the plan for collecting waste, and Ms. Nelson said customers will be responsible for their own garbage but all food containers will be eco friendly. Chairman Dybvig opened the public hearing. There were no public comments. He closed the public hearing. Motion by Commissioner Hoffman, seconded by Commissioner Swanson, to approve the CUP to allow a Restaurant in the Central Business District located at 224 Chestnut Street East with the three staff -recommended conditions. Commissioner Steinwall commented that all restaurants should be treated similarly regarding provisions for waste disposal. She offered a friendly amendment adding a fourth condition that the applicant provide for outside garbage and recycling containers; Commissioners Hoffman and Swanson (maker and seconder of the motion) agreed. All in favor. Case No. CD 2023-05: Interim Use Permit for Seasonal Food Vending Trailer located at 425 Nelson St: Dock Cafe (Staff Reviewer: Yasmine Robinson. 651-430-8822). Ms. Robinson explained that the applicant is seeking an Interim use Permit (IUP) for a food vending trailer at 425 Nelson Street, the Dock Cafe. The trailer would occupy parking spaces along the fence line that borders the patio area from April 1 to October 31, 2023. The proposed trailer would be approximately 20 feet long, 8 feet tall and 8 feet wide. The north side patio and building would serve only Dock Cafe patrons, and the south patio and parking lot area would be reserved for the proposed trailer. On February 15, 2023, the HPC approved the proposed design with conditions. The required parking quota of 17 spaces for the Dock Cafe is still met if the proposal is approved. Staff recommends approval of the IUP with six conditions. Councilmember Odebrecht asked, when the parcel was originally platted in the 1980s, where is the raingarden that was supposed to protect the river from parking lot runoff? He is concerned that the raingarden area was paved over 40+ years ago. Ms. Robinson said showed the supposed area on the drawing, and added that if the City and land owner move forward with a raingarden, some space will be lost. The applicant is not the property owner but staff can open up clarifying conversations with the property owner. Commissioner Steinwall asked if staff has considered parking and traffic flow related to the food truck, especially patrons walking through the parking lot to order from the food truck. Ms. Robinson replied the applicant is open to looking at pedestrian circulation controls. Erika Wallace, Dock Cafe Director of Operations, and John Koch, owner of the Dock Cafe, 425 Nelson Street East, applicants, offered to answer questions. Mr. Koch said the food truck will have Mexican street food, totally different from the restaurant. This is an experiment and if it does well, they will talk to the City about building a kitchen out there. Chairman Dybvig asked how many parking spaces they have, and Mr. Koch answered 27. Page 4 of 9 Planning Commission March 29, 2023 Commissioner Steinwall asked what is the trash disposal plan, and Mr. Koch answered there are many garbage containers and garbage is bagged every hour, plus four dumpsters that are emptied daily in the summer. Chairman Dybvig opened the public hearing. There were no public comments. Chairman Dybvig closed the public hearing. Motion by Councilmember Odebrecht, seconded by Commissioner Swanson, to deny the IUP for placement of a Seasonal Food Vending Trailer at the Dock Cafe. Councilmember Odebrecht explained that 1) it blocks the view of the river; and 2) when the raingarden is completed, the business will be short on space for parking and existing traffic. Commissioner Swanson agreed, adding that the pedestrian flow might be challenging, the high volume of people may be unsafe, and exacerbate existing downtown parking issues. Chairman Dybvig concurred it appears the trailer would be removing four parking spaces bringing it down to 23 spaces. Commissioner Cox brought up other restaurants that do not have dedicated parking lots, yet they have places for their patrons to visit and make it a vibrant downtown area. She feels this food truck is a creative way to use the space. Commissioner Hoffman said he likes the idea that the food truck will capture pedestrian traffic from the Loop Trail, and having quick access to food versus a sit-down restaurant is appealing. Chairman Dybvig said he would like to resolve the raingarden issue first, which will eliminate even more parking. Commissioner Steinwall suggested that an additional condition of approval could be to make it abundantly clear that the IUP is temporary and will expire, and build into the record and the conditions, if that can be done legally, that there must be a raingarden plan going forward. Mr. Gladhill reminded the Commission it is dealing with two separate parties. The business owner does not own the property, and raingardens of this scope don't happen overnight, they must go through design and watershed district approvals, and City Engineer and City Attorney reviews. If parking is an issue, the City charges $9 a day to reserve a public parking stall and the Commission could apply that here. Councilmember Odebrecht suggested an amendment to the motion to include that it is without prejudice so the applicant may come back and reapply once this is resolved. Commissioner Swanson (seconder) accepted the amendment. Commissioner Cox asked if the Commission can impose a deadline on a raingarden, and if there is already discussion happening with the owner about the raingarden being paved over. Mr. Gladhill replied there are no active conversations about enforcement. This resurfaced with surveying for the riverwalk project. It is flagged as a medium priority to follow up with the property owner but staff has not taken any immediate action. Commissioner Steinwall suggested allowing the applicant to do this new plan just this year and the raingarden issue will need to be solved if they reapply for another IUP in 2024. Commissioner Swanson said he appreciates the goals of drawing boat traffic and trail traffic to the food truck. However with the parking situation that the City is trying to remedy, potential pedestrian issues, and the aesthetics of a temporary trailer, he will vote for denial. Page 5 of 9 Planning Commission March 29, 2023 The motion for denial of the IUP without prejudice failed 2-4, with Chairman Dybvig and Commissioners Hoffman, Steinwall and Cox voting nay. Commissioner Steinwall said a possible motion would be to approve the IUP with three conditions: 1) the IUP will expire October 31, 2023; 2) the City shall be reimbursed for the loss of any parking spaces taken by the trailer at the going rate (for public spaces); and 3) it is the Planning Commission's expectation that the raingarden be addressed, that the applicant will need to tell the property owner this. Commissioner Swanson suggested adding the contingency that they need forward motion on the raingarden by August 1, and make this a part -year permit until August 1, and if there is no movement on the raingarden then it be denied for the rest of the season. Mr. Gladhill recapped the proposed conditions: the loss of 2-4 parking stalls be reimbursed at $9 per day, and the IUP runs May 1 till August 1. He said he has some concerns about the timing until August 1 being hard to track. Motion by Commissioner Steinwall, seconded by Councilmember Odebrecht, to approve the IUP for this service with the following conditions: 1) it expires on August 31 with the record showing that it is the expectation of the Planning Commission that there will be forward motion toward the raingarden; 2) that parking mitigation fees for the number of stalls lost by placement of the trailer be paid to the City. All in favor. Case No. CD 2023-06: Conditional Use Permit to allow a Restaurant in the Central Business District at 221 Myrtle Street East: Misenor (Staff Reviewer: Yasmine Robinson. 651-430-8822). Ms. Robinson stated that the applicant is seeking a Conditional Use Permit (CUP) for a new restaurant 221 Myrtle Street East. Staff recommends approval. Anthony Misenor, applicant, via Zoom, explained his restaurant plan. Chairman Dybvig opened the public hearing. There were no public comments. Chairman Dybvig closed the public hearing. Motion by Commissioner Hoffman, seconded by Commissioner Cox, to approve the CUP for a restaurant at 221 Myrtle Street East. Commissioner Steinwall suggested a friendly amendment requiring garbage containers, and the maker and second of the motion agreed. All in favor. Case No. CD 2023-07: Conditional Use Permit and Preliminary Plat for Rocket Car Wash. 2001 Washington Avenue South Ms. Robinson reviewed the case. The applicants are seeking approval of Preliminary and Final Plats, and a CUP for the construction of Rocket Car Wash at 2001 Washington Avenue. The proposed development seeks to create a 1.6-acre parcel located in the southeast portion of the existing lot that would contain a 6,400 square foot car wash with vacuum cleaners and parking. During the review of the Caribou Cabin development, a traffic study concluded that all the intersections would operate at acceptable levels of service except the intersection of Washington Avenue and Frontage Road, however the present service level is not expected to change with the proposed development. The proposed facility would be accessed at the northeast portion of the site, and vehicles would queue in one of three bays that lead to one wash tunnel. She showed the proposed traffic pattern. Due to potential concerns about traffic Page 6 of 9 Planning Commission March 29, 2023 circulation on the site, staff recommends that the Planning Commission refer this application to the City Council as one package. Commissioner Swanson noted when discussing the Caribou Coffee development, the Commission had questions on traffic volume and potential conflicts for Washington Avenue, being so close to Frontage Road. Ms. Robinson acknowledged the traffic study addresses that intersection but concludes that the added volumes from this site and the Caribou site do not degrade the level of service lower than it is now. Commissioner Steinwall asked if the traffic study addressed any further development at this site, and Ms. Robinson replied she doesn't believe the traffic study looks at any future development at the Herberger's/Harbor Freight site or any of the other parcels. Chairman Dybvig asked, if a parking lot abutted a public street, would the City allow movement to be within that public street, for example could cars back into the public street to exit? Mr. Gladhill answered the City would not allow a parking lot to be paved right up to a public street, but this isn't a public street. Michael Givens representing Mikden of Stillwater, applicant, offered to answer questions. Commissioner Steinwall asked about the plans for the remainder of the site. Mr. Given stated they have 28,000 square feet vacant in the middle of the building and there has been no interest in that space over the last couple months. They have a separate lot to the west and there has been no interest in that lot either. He doesn't believe the traffic study included the middle tenant as it is difficult to build a study without knowing the use. Commissioner Steinwall asked if there will be enough parking when the center of the building is leased. Mr. Givens replied they feel they have enough parking for several different types of users. Chairman Dybvig opened the public hearing. Jeremiah Harder, 222 South 15th Street, Omaha, NE, Vice President of Construction and Development for Rocket Car Wash, explained the business. Vehicle circulation and stacking have been addressed. He explained the equipment and process in detail. Commissioner Swanson asked the expected daily customer count, and Mr. Harder said they don't have a daily count but they project annual membership around 7,000 for this site. Commissioner Steinwall asked for comments on the traffic flow in and out of the site, and Mr. Harder replied this is one of the simpler sites across the country. There will be wayfinding signs and personnel to direct traffic. Chairman Dybvig closed the public hearing. Motion by Councilmember Odebrecht, seconded by Commissioner Steinwall, to deny the CUP for Rocket Car Wash. Councilmember Odebrecht said he is concerned that the intersection at the frontage road and Washington will not be able to take this amount of traffic, it is barely able to function now and engineers are working on a solution. Commissioner Steinwall agreed with concerns about traffic flow. Page 7 of 9 Planning Commission March 29, 2023 Commissioner Swanson agreed the intersection is overwhelmed already. The car wash is a great product, so it's not the car wash's fault. Ms. Robinson offered an alternative of tabling to get more detailed information about what might be needed to mitigate traffic. Commissioner Cox asked if there is a way to be creative, for example to only use Tower Drive as entry and exit. Chairman Dybvig said for him the real issue is the platting, trying to create a lot that doesn't have access to a public street, having to go through somebody else's lot to get to a public street. Mr. Gladhill said he is hearing two major findings for the record: the traffic (intersection) cannot sustain the additional traffic, and there is no access on a public road. Chairman Dybvig remarked that the Commission is also supposed to be making a recommendation to the City Council on platting. Councilmember Odebrecht agreed to amend the motion to recommend denial of the Preliminary Plat, and Commissioner Steinwall (seconder) agreed. Commissioner Swanson asked Ms. Robinson to clarify for the record which intersections and roads were included in the traffic study. Motion passed 5-1 with Commissioner Cox voting nay. NEW BUSINESS There was no new business. DISCUSSION Discuss potential updates to Mobile Food Unit (Food Truck) Regulations (Staff Reviewer: Tim Gladhill. 651-430-8821) Mr. Gladhill said this discussion was originated by the HPC which has addressed a series of these inquiries, questioning how does this relate to design guidelines, and is it fair to allow these mobile food units while being fairly particular about the design of buildings? The HPC forwarded a recommendation to the City Council to allow mobile food units only seasonally May 1-October 31. At its March workshop, the Council generally agreed. Also, recently staff started to discover mobile food units outside of downtown, so tweaks are needed, like having more flexibility in the West Stillwater Business Park and areas where it makes sense. Commissioner Steinwall asked if the update will include provisions for trash removal, and Mr. Gladhill replied yes, conditions can be added. Councilmember Odebrecht said the City is over -thinking this. The food units are on wheels, so they should be moved. Chairman Dybvig agreed. Maybe they should get a ticket if they stick around in downtown every night. Commissioner Cox asked if there is a need to change the existing ordinance. Mr. Gladhill replied staff gets far more inquiries than those on the agenda. The ones that come to the Commission level are those that generate concerns, for instance when it starts being a permanent fixture. The brick and mortar restaurants also express concerns that they pay for Page 8 of 9 Planning Commission March 29, 2023 parking and property taxes while food units do not. Staff will have a draft ordinance in the next month or two for the Commission to consider. FYI STAFF UPDATES Update on Sundance Stillwater Project Proposal (80th and Manning Areal Mr. Gladhill stated an initial application for a zoning amendment was brought to the City Council at a March workshop. It didn't perfectly fit any of the medium density residential districts. The Council is firm on abiding by the 100 foot right of way setback on Manning. So the applicant withdrew the zoning amendment with the intent to come back. A new concept is anticipated to be presented to the City Council in June. At that point they will decide if an official application will come in. He emphasized it is not a done deal and there will be ample opportunity for public input. ADJOURNMENT Motion by Commissioner Hoffman, seconded by Commissioner Steinwall, to adjourn the meeting at 9:02 p.m. All in favor. John Dybvig, Chair ATTEST: Tim Gladhill, Community Development Director Resolution PC 2023-03, Variance Request to Decrease the Exterior Sideyard Setback to Facilitate Construction of an Addition at 503 4th Street North Resolution PC 2023-04, Resolution Adopting Written Findings for Denial of a Variance to Exceed the Maximum Allowable Garage Area of 1,000 Square Feet at 304 Holcombe Street South, Stillwater, Minnesota Resolution PC 2023-06, Conditional Use Permit to Facilitate a Restaurant Located at 224 Chestnut Street. All in favor. Resolution PC 2023-07, Interim Use Permit to Facilitate the Placement of a Seasonal Food Vending Trailer at 425 Nelson Street (Dock Cafe) Resolution PC 2023-08, Conditional Use Permit to Facilitate a Restaurant Located at 221 Myrtle Street East Page 9 of 9 (499ateir THE lINTNELACE OF MINNESOTA PLANNING COMMISSION MEETING MINUTES January 25, 2023 REGULAR MEETING 7:00 P.M. Chairman Dybvig called the meeting to order at 7:00 p.m. Present: Chairman Dybvig, Commissioners Cox, Hoffman, Steinwall, Swanson Absent: Councilmember Odebrecht, Commissioner Knippenberg Staff: Assistant Planner Gutknecht, Planning Manager Robinson APPROVAL OF MINUTES Possible approval of minutes of November 16. 2022 regular meeting Motion by Commissioner Cox, seconded by Commissioner Steinwall, to approve the minutes of the November 16, 2022 meeting with a clarification on Chairman Dybvig's opposing vote on the motion to recommend that the City Council approve Case No. 2022-79. All in favor. OPEN FORUM There were no public comments. CONSENT AGENDA There were no items on the Consent Agenda. UNFINISHED BUSINESS There was no unfinished business. PUBLIC HEARINGS Case No. CD 2022-73: Variance for 1824 1st Street North (Rambacher Residence) (Staff Reviewer: Tim Gladhill, 651-430-8821) This request has been postponed until further notices. - Request has been postponed Case No. CD 2022-83: Text Amendment and Conditional Use Permit for a new dance studio at xxx Washington Ave (Curio Dance) (Staff Reviewer: Ben Gutknecht, 651-430-8818). Assistant Planner Gutknecht reviewed the case. The applicant, Curio Dance & School is seeking a Zoning Ordinance Text Amendment, to amend the existing land use table to include "Indoor Commercial Recreation" as a Permitted Use in the BP -I district and amend the existing definition to better encapsulate commercial recreation uses and create categories for indoor and outdoor. The current uses and definitions for commercial recreation are very specific and can be difficult to interpret. To rectify this, staff is proposing a minor amendment to the "Commercial Recreation" definition to make it more inclusive and to differentiate indoor and outdoor uses. Staff, in conjunction with the City Attorney, is proposing to allow the use in the BP -I under the new definition, "Indoor Commercial Recreation" (Option A). Staff is also proposing the creation of "Outdoor Commercial Recreation" as a conditional use in the Commercial districts, to help clarify where the indoor and outdoor commercial recreation will primarily be permitted and by what mechanism. Alternatively, if the Commission wanted to Planning Commission January 25, 2023 allow the Indoor Commercial Recreation use in the BP -I district, but with additional controls, the Commission could amend the Zoning Text Amendment to require the Indoor Commercial Recreation be a Conditional Use (Option B). If this is the case, the applicant has prepared a complete Conditional Use Permit (CUP) application for their review. Staff recommends that the Planning Commission recommend that the City Council approve the ordinance amendment to the definitions and non-residential districts use table. Commissioner Steinwall asked how to proceed if a recreational use has elements of both indoor and outdoor recreation, and Ms. Robinson answered that staff would categorize it into one particular category based on information from the applicant. Commissioner Steinwall said in some situations where further controls might be necessary, she would lean toward classifying all commercial recreational use as a conditional use to provide more flexibility in some situations. Commissioner Hoffman asked if control would be lost, for example regarding lighting standards, if a Conditional Use Permit is not required. Ms. Robinson replied even if a Conditional Use Permit is not required, all the standards that would be required for a CUP would be looked at the staff level instead of coming to the Commission. Dario Mejia, Curio Dance Artistic Director and Choreographer, said the studio has been looking to expand to larger space for more than a year. He explained the studio's operational model. Chairman Dybvig opened the public hearing. There were no public comments. Chairman Dybvig closed the public hearing. Ms. Robinson noted if the Commission goes with the CUP option, the Commission could make a decision on this CUP as the applicant has provided this information as well. Motion by Commissioner Steinwall, seconded by Chairman Dybvig, to recommend that the City Council adopt an Ordinance Amending City Code Chapter 31, Section 31-101 and Section 31-325 regarding Commercial Recreation Definitions and Business Park - Industrial Allowable Uses using Option B, that commercial recreation uses whether indoors or outdoors or some combination of the two, all be subject to a CUP. Commissioner Hoffman summarized that the question about Option A or B is about retaining control of the Planning Commission over the process, and to provide the opportunity for a public hearing on the CUP. Commissioner Cox remarked, based on staff saying they would be reviewing all pieces of an application, she is fully behind making the proposed text amendment, allowing staff to ensure the requirements are met. Commissioner Swanson noted that both options have merit; Option A still has all the requirements that must be met and allows staff to proceed without going through additional steps. Chairman Dybvig said for him, the difference is indoor vs outdoor activities. If most of their activity is outdoors, they should have to come before the Commission. He feels that in a commercial area a public hearing is not as critical. Noting that this particular commercial park abuts residential areas, Commissioner Steinwall said she favors Option B because it provides the public an opportunity to come forward and weigh in on various proposals. Page 2 of 4 Planning Commission January 25, 2023 The motion to recommend requiring a CUP across the board for both indoor and outdoor uses failed 2-3 with Commissioners Cox, Hoffman and Swanson voting nay. Motion by Commissioner Swanson, seconded by Commissioner Cox, to recommend that the City Council approve Option A with no change to the proposed text amendment. Motion passed 4-1 with Commissioner Steinwall voting nay. Case No. 2022-85: Variance request to reduce the required garage front yard setback distance to facilitate the construction of an attached garage located at 1229 3rd Avenue South Assistant Planner Gutknecht reviewed the case. The property owner, Mark Ogren and representative, Bob Moser are seeking a Variance from the Planning Commission for a reduction of the required front yard setback for the construction of an attached garage. City Code requires the garage be set back at least ten feet from the front of the principal dwelling. If approved, the proposed Variance would facilitate the construction of an approximate 400 square foot garage in line with the principal dwelling (zero setback, 10 feet required). The project site has a lot area of 32,814 square feet and currently contains a single -story, approximately 1,800 square foot single-family dwelling and attached garage built in the 1950s. The applicant is proposing to demolish the existing principal dwelling and construct a new single-family dwelling, including the attached garage. The applicant appeared in front of the Heritage Preservation Commission (HPC) on January 18, 2023 related to a Design Permit for the proposed structure, which was approved with conditions related to staff approval of some of the exterior materials. Given that the overall proposal is replacing a structure `like -for -like' and setting the structure (and garage) further from the street, staff recommends approval of this request with five conditions. Additionally, in future code updates, staff recommends that the City clarify when front porches may count towards the 10-foot garage setback to the front of the home and when a front porch is simply an 'appurtenance' and not used to consider the garage setback from the front of the home. Mark Ogren, applicant, offered to answer any questions. He takes issue with the interpretation of the setback and feels it is unfair to consider the leading edge of the home as something other than the porch. They appreciate the support from staff. Chairman Dybvig opened the public hearing. Connie Ryan Oaks, 1234 3rd Avenue South, said the proposed home will obliterate much of the river view that she now enjoys. At the HPC meeting there was much discussion about how the mix of small and large homes in Stillwater neighborhoods is a positive thing, and much discussion of other homes proposed for demolition; she expected more deliberation on the possible demolition of this home. She would like this house to be treated by the same criteria and standards of other buildings discussed at that meeting. Chairman Dybvig closed the public hearing. Motion by Commissioner Cox, seconded by Commissioner Hoffman, to approve the Variance with the five staff -recommended conditions. Commissioner Steinwall asked staff to summarize what happened at the HPC meeting, and Ms. Robinson explained that there were several demolition applications for pre-1946 structures. The home at 1229 was built in 1950 so it does not fall under those demolition standards. This application was in front of the HPC for a design permit because of its location in the Neighborhood Conservation District. Page 3 of 4 Planning Commission January 25, 2023 Commissioner Cox said she appreciates the incredible steep incline at the back, and placement of the new home back on the lot, as well as the addition of the front porch. The applicant is doing many things to make this fit with the neighborhood. Commissioner Hoffman agreed the applicant has spent a lot of time and effort to make the home fit in better. Chairman Dybvig said generally he opposes garages lining up across the front, but in this situation, the structure is moved further back away from the street to line up better, and the current house has the same issue. This seems to fit better into the neighborhood. All in favor. Case No. 2022-86: Variance request to reduce exterior side yard setback to facilitate the reconstruction of a porch located at 503 4th Street North Chairman Dybvig noted this case has been postponed. NEW BUSINESS There was no new business. DISCUSSION There was no further discussion. FYI STAFF UPDATES There were no staff updates. ADJOURNMENT Motion by Commissioner Hoffman, seconded by Commissioner Cox, to adjourn the meeting at 7:52 p.m. All in favor. ATTEST: John Dybvig, Chair Tim Gladhill, Community Development Director Page 4 of 4 1 1 water THE BIRTHPLACE OF MINNES O T A DATE: April 26, 2023 TO: Honorable Chair and Planning Commission FROM: Tim Gladhill, Community Development Director SUBJECT: FINDINGS FOR DENIAL: CD Case No. 2023-01: Variance to Lot Coverage (Building) and Garage Setback for New Dwelling in Neighborhood Conservation District (505 Elm St W); Case of Wilson Construction Service, LLC BACKGROUND At the March 29, 2023 Planning Commission Meeting, the Planning Commission denied a request for a Variance at 505 Elm St W. The Planning Commission must now adopt written findings to support the denial. The Resolution doing such is attached for consideration. ACTION REQUESTED Motion to adopt the Resolution adopting written findings to support the denial of the Variance at 505 Elm St N. City of Stillwater Washington County, Minnesota RESOLUTION PC2023-16 RESOLUTION ADOPTING WRITTEN FINDINGS FOR DENIAL OF A VARIANCE AT 505 ELM ST W, STILLWATER, MINNESOTA, WASHINGTON COUNTY WHEREAS, the City of Stillwater received a design review application from Wilson Construction Services, LLC ("Applicant"), located at 505 Elm St W, legally described as in Exhibit A (the "Property"), regarding the construction of a new single-family dwelling; and WHEREAS, the Property is located in the RB: Two -Family District; and WHEREAS, the Applicant requested a Variance to garage setback of zero (0) feet from the front of the home where a ten (10) foot setback to the front of the home is required; and WHEREAS, the Applicant requested a Variance to lot coverage of 29% where a maximum of 25% is required; and WHEREAS, the Planning Commission considered the Variance request at its March 29, 2023 meeting, and following review of the proposed, denied the Variance; and WHEREAS, the Planning Commission now adopts this Resolution to support its findings for denial of the Variance. NOW, THEREFORE, BE IT RESOLVED, that the Planning Commission of the City of Stillwater hereby adopts the following written findings for denial of the Variance: 1. The requested Variance fails to meet the "practical difficulty test" as required by City Code Section 31-208 and Minnesota Statutes Chapter 462.357. a. The property owner does not propose to use the land in a reasonable manner for a use permitted in the zone where the land is located and simply wants additional size and garage design not currently allowed by City Code. b. The plight of the landowner is not due to circumstances unique to the property and was created by the landowner that created the lot through subdivision. c. The variance, if granted, will alter the essential character of the neighborhood. d. Many of the statements made in support of the Variance by the Applicant were focused on economic considerations alone. Adopted by the Planning Commission this 26th day of April, 2023. CITY OF STILLWATER John Dybvig, City Planning Commission Chair ATTEST: Tim Gladhill, Community Development Director 1*:1:1WIW-11 Legal Description of the Applicant's Property Abstract Property Type Parcel ID: 2803020410035 All that part of Lots 5, 6 and 7, Block 28, of the Original Town (now City) of Stillwater, as shown on the perfected plat thereof, recorded as Document No. 416049, Washington County records, lying Westerly of the Westerly line of platted Stimpsons Alley, a.k.a. South Water Street, described as follows, to wit: Beginning at a point in said Westerly line of platted Stimpsons Alley, a.k.a. South Water Street, distant 3.00 feet Southerly, as measured along said Westerly line, from the Northerly line of said Lot 5; thence South 73 degrees 13 minutes 07 seconds West, assumed bearing, (rec. as South 72 degrees 24 minutes 19 seconds West), parallel with said Northerly line of Lot 5, a distance of 50.52 feet; thence North 16 degrees 48 minutes 46 seconds West, (rec. as North 17 degrees 37 minutes 32 seconds West) 1.55 feet; thence South 73 degrees 11 minutes 17 seconds West (rec. as South 72 degrees 22 minutes 28 seconds West) 69.48 feet, more or less, to a point in the Easterly line of platted Main Street, said point being 1.49 feet Southerly, as measured along said Easterly line from the Northwesterly comer of said Lot 5; thence Southerly along said Easterly line of platted Main Street 41.51 feet, more or less, to a point 43.00 feet Southerly, as measured along said Easterly line, from said Northwesterly comer of Lot 5; thence Easterly, parallel with the Northerly line of said Lot 6, a distance of 69.12 feet, more or less, to the Easterly line of said Lot 6; thence Northerly along said Easterly line of Lot 6 a distance of 0.47 feet, more or less, to the Southerly line of the Northerly 17.36 feet of said Lot 7; thence Easterly, along said Southerly line of the Northerly 17.36 feet, a distance of 50.73 feet, more or less, to said Westerly line of platted Stimpsons Alley, a.k.a. South Water Street; thence Northerly, along said Westerly line, 39.55 feet, more or less, to the point of beginning. �l wa tern THE BIRTHPLACE OF MINNESOTA DATE: April 26, 2023 TO: Honorable Chair and Planning Commission FROM: Yasmine Robinson, Planning Manager SUBJECT: FINDINGS FOR DENIAL: CD Case No. 2023-07: Conditional use permit application for a Carwash located at 2001 Washington Avenue; Case of Tim King (Rocket Car Wash) BACKGROUND At the March 29, 2023 Planning Commission Meeting, the Planning Commission denied a request for a conditional use permit for a car wash located at 2001 Washington Avenue. The Planning Commission must now adopt written findings to support the denial. The Resolution doing such is attached for consideration. ACTION REQUESTED Motion to adopt the Resolution adopting written findings to support the denial of the conditional use permit at 2001 Washington Avenue. City of Stillwater Washington County, Minnesota RESOLUTION PC2023-09 RESOLUTION ADOPTING WRITTEN FINDINGS FOR DENIAL OF A CONDITIONAL USE PERMIT TO FACILITATE A CARWASH LOCATED 2001 WASHINGTON AVENUE WHEREAS, the City of Stillwater received Conditional Use Permit from Tim King ("Applicant") for Property owned by Mikden of Stillwater ("Owner"), located at 2001 Washington Avenue South, legally described as in Exhibit A (the "Property"), regarding use of the property as Carwash; and WHEREAS, on March 29, 2023, the City Planning Commission for the City of Stillwater considered the conditional use permit. NOW, THEREFORE, BE IT RESOLVED, that the City Planning Commission of the City of Stillwater considered the conditional use permit for a carwash at its March 29, 2023 meeting, held a public hearing, and following the hearing, determined that the conditional use permit did not meet the standards required for approval and voted to deny the conditional use permit (5-1); and NOW THEREFORE BE IT RESOLVED that the Planning Commission of the City of Stillwater hereby adopts the following written findings for denial of the conditional use permit for a carwash: 1. The use will constitute a nuisance and be detrimental to the public welfare of the community. Specifically, the proposed increase of traffic volume is unsustainable regarding the immediate and regional infrastructure and on -site circulation. 2. The proposed structure or use does not conform to the requirements and the intent of this chapter, and of the comprehensive plan, relevant area plans and other lawful regulations. Specifically, the proposed platting required to facilitate the conditional use permit creates a parcel that will have zero road frontage on a public right of way. Adopted by the City Planning Commission this 26th day of April, 2023. CITY OF STILLWATER John Dybvig, City Planning Commission Chair ATTEST: Tim Gladhill, Community Development Director EXHIBIT A Legal Description of the Applicant's Property Abstract Property Type Parcel ID: 32-030-20-43-0040 Lot 2, Block 1, MJG Second Addition, Washington County, Minnesota �l Water T H E B I R T H P L A C E O F M I N N E S O TA DATE: April 26, 2023 TO: Honorable Chair and Planning Commissioners FROM: Yasmine Robinson, Planning Manager SUBJECT: Case No. CD 2023-03: Conditional Use Permit to allow a restaurant in the Central Business District at 224 Chestnut St. E; Tossed Restaurant; and Case No. CD 2023-06: Conditional Use Permit to allow a restaurant in the Central Business District at 221 Myrtle St. E.; Misenor BACKGROUND On March 29, 2023 the Planning Commission approved two separate Conditional Use Permit applications for restaurants in the Central Business District with conditions related to the provision of trash receptacles on public land. In reviewing the conditions of approval with the City Attorney, the City Attorney respectfully requests that the Planning Commission move to reconsider the approval of each CUP application and make a new motion to approve each CUP application, removing the condition for outside waste containers. A memo from the City Attorney is attached. ACTION REQUESTED Motion to adopt revised resolutions of approval for the above referenced cases. LEVANDER LGM GILLEN & M I L L E R,.A. JATTORNEYS AT LAW Korine L. Land Direct Dial: 651-361-8591 Email: kland@levander.com TO: Stillwater Planning Commission FROM: Kori Land, City Attorney DATE: March 10, 2023 RE: Case No. CD 2023-03: Conditional Use Permit to allow a restaurant in the Central Business District at 224 Chestnut St. E; Tossed Restaurant; and Case No. CD 2023-06: Conditional Use Permit to allow a restaurant in the Central Business District at 221 Myrtle St. E.; Misenor • KW11111,211] At the next Planning Commission meeting, I ask that you reconsider two of the motions from the last meeting. There were two Conditional Use Permits approved for restaurants in the Central Business District where a condition was added at the table to require the property owner to provide outside waste containers. While of course the City supports the reduction of unsightly trash on public property, it is not advisable to put a condition of approval for waste containers on an applicant that is outside of property they control, making it infeasible and unattainable. Both of the properties in the applications directly abut the right of way, and the applicants cannot encroach into it, nor can they unilaterally add such items on public property. The condition was added not based on evidence, support, or connection to these businesses, but presumably based upon a proactive position speculating about what customers might do on public property once they leave these restaurants with food containers. The City alone holds the responsibility to protect its public properties, rights of way and parks from trash and it does so by placing receptacles in certain locations. If there is a concern that there is trash littering the parks, that burden should not be placed on these applicants, particularly when they have no history of contributing to the problem. That burden is the City's responsibility. Please keep in mind when adding conditions to any planning application that it be appropriate, within the applicant's control and related to an issue with the proposed business based on evidence and support in the record. RECOMMENDATION Therefore, I respectfully request that a member of the Planning Commission who voted on the prevailing side move to reconsider the approval of each CUP application. If that motion passes, then please have the Planning Commission make a new motion to approve each CUP application, removing the condition for outside waste containers. 1305 CORPORATE CENTER DRIVE I SUITE 3001 EAGAN, MN 551211 MAIN: 651-451-1831 1 WWW.LEVANDER.COM City of Stillwater Washington County, Minnesota RESOLUTION PC2023-06 CONDITIONAL USE PERMIT TO FACILITATE A RESTAURANT LOCATED 224 CHESTNUT STREET WHEREAS, the City of Stillwater received Conditional Use Permit from Tianna Nelson ("Applicant"), located at 224 Chestnut Street, legally described as in Exhibit A (the "Property"), regarding use of the property as a resturant; and WHEREAS, on March 29, 2023, the City Planning Commission for the City of Stillwater considered the conditional use permit. NOW, THEREFORE, BE IT RESOLVED, that the City Planning Commission of the City of Stillwater hereby approves the conditional use permit for a restaurant, contingent upon the following. 1. The following findings are hereby incorporated as conditions of approval: a. The proposed structure or use conforms to the requirements and the intent of this chapter, and of the comprehensive plan, relevant area plans and other lawful regulations b. Any additional conditions necessary for the public interest have been imposed c. The use or structure will not constitute a nuisance or be detrimental to the public welfare of the community. 2. The approval is conditioned upon the following: a. Plans must be consistent with the materials presented as part of Case No. CD 2023-03 presented to the Planning Commission Adopted by the City Planning Commission this 26th day of April, 2023. CITY OF STILLWATER John Dybvig, City Planning Commission Chair ATTEST: Tim Gladhill, Community Development Director EXHIBIT A Legal Description of the Applicant's Property Abstract Property Type Parcel ID: 28-030-20-41-0007 All that part of Lot number Five (5), in Block number Twenty-six (26) of the original Town (now City) of Stillwtaer, according to the survey and plat thereof now on file and of reord in the Office of the Register of Deeds in and for the County of Washington and State of Minnesota, bounded and desribed as follows, to -wit: Beginning at the Southeast corner of said Lot number Five (5); and running thence Easterly along the North line of Chestnut Street Forty-one (41) feet; thence Northerly at right angles Thirty-eight (38) feet; thence Westerly on a line parallel with the North line of Chestnut Street Forty-one (41) feet of the West line of said lot; thence Southerly thirty-eight (38) feet to the place of beginning. City of Stillwater Washington County, Minnesota RESOLUTION PC2023-08 CONDITIONAL USE PERMIT TO FACILITATE A RESTAURANT LOCATED 221 MYRTLE STREET EAST WHEREAS, the City of Stillwater received Conditional Use Permit from Anthony Misenor ("Applicant"), located at 221 Myrtle Street East, legally described as in Exhibit A (the "Property"), regarding use of the property as a resturant; and WHEREAS, on March 29, 2023, the City Planning Commission for the City of Stillwater considered the conditional use permit. NOW, THEREFORE, BE IT RESOLVED, that the City Planning Commission of the City of Stillwater hereby approves the conditional use permit for a restaurant, contingent upon the following. Findings 1. The proposed structure or use conforms to the requirements and the intent of this chapter, and of the comprehensive plan, relevant area plans and other lawful regulations; 2. Any additional conditions necessary for the public interest have been imposed; and 3. The use or structure will not constitute a nuisance or be detrimental to the public welfare of the community. Conditions 1. Plans shall be consistent with those on file for Case No. CD 2023-06 as presented to the Planning Commission on March 29, 2023 Adopted by the City Planning Commission this 26th day of April, 2023. CITY OF STILLWATER John Dybvig, City Planning Commission Chair ATTEST: Tim Gladhill, Community Development Director EXHIBIT A Legal Description of the Applicant's Property Abstract Property Type Parcel ID: 28-030-20-41-0003 The Westerly 32 feet of Lot 1, Block 26, of the original Town (now City) of Stillwater, Minnesota, according to the plat thereof on file and of record in the office of the Register of Deeds in and for Washington County, Minnesota. 1 1 Water THE BIRTHPLACE OF MINNES O T A DATE: April 26, 2023 TO: Honorable Chair and Planning Commissioners FROM: Ben Gutknecht, Assistant Planner SUBJECT: Interim Use Permit Application in the Central Business District (CBD): to permit outdoor events at 225 Main Street North BACKGROUND The Applicant, Brian Carlson (on behalf of River Siren Brewing Co, LLC), is seeking an Interim Use Permit (IUP) to conduct multiple outdoor events, located on the private property located at 225 Main Street North, the River Siren Brewing Co. (the "Project Site") (PID: 2803020140070 & 2803020140069 & 2803020140076). The entirety of the project site is located on three sperate lots of record that have frontage on Water Street North, Mulberry Street East, and Main St North. The project area is located in the Central Business Zoning District and is within the Downtown Stillwater Design Review District. The specific request is for an interim use permit to allow outdoor events to be staged on River Siren Brewing's approximately 8,800 square foot parking lot, with events running through the entire year. The Applicant has held many private events at the project site and seeks to continue to hold re -occurring and new events. The current procedure requires City Council approval and limits the number to events to three per year, unless an Interim Use Permit is approved. The Applicant has provided a narrative describing events that would be included within the proposed Interim Use Permit. Most of the events described span the course of three -days including setup and teardown. There are also events proposed that would span the course of multiple weekends such as Oktoberfest, winter themed events that include setting up curling rinks, warming tents, and other outdoor winter games. The Applicant would also like to use the existing outdoor space for weddings and corporate events that may extend to the parking lot and would not exceed more than one day. ANOI YSIS The purpose of an IUP is to provide flexibility to the district use regulations. IUP's are temporary in nature, and due to these temporary characteristics, IUPs require special consideration so they may be located properly with respect to the objectives of the Comprehensive Plan and to their possible effects on surrounding properties. In order to achieve these purposes, the Planning Commission is empowered to grant or deny applications for IUPs and to impose reasonable conditions upon the granting of these permits. The Planning Commission may grant an interim use permit for the interim use of a 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 When considering the conformity of a temporary use, specifically an outdoor event the most significant impacts that have been identified are parking, noise, pedestrian controls, number of events, and permitting. Event Permitting Staff will continue to require that the Applicant submit a complete Event Permit Application for review prior to each event. The proposed UP only allows the applicant the opportunity to host more than the three (3) events per year. Number of Events The Applicant seeks to increase the number of events to at least • three one weekend events, • one multi -weekend event, • at least three winter related events, • and a request to allow occasional private events to utilize the parking lot not more than four times per month. This could total a range of events from 19 to 55 events per year, including the private event. Staff acknowledge that this is a substantial increase and recommends that the Planning Commission determine if this is an appropriate number of events. In a previous approval with the Zephyr Theater, the Planning Commission approved no more than 12 days of activity per month between the months of May through October. Parking The property contains approximately 27 onsite parking stalls. Most of the events listed in the Applicants' narrative proposes to use the entire parking lot, creating a 27-stall deficiency. Previously when reviewing the one-off special events, parking mitigation strategies included reviewing the proposal with the Downtown Parking Commission (DTPC). At the time, the DTPC felt that due to the length of event, minimum number of events, and the lack of other events happening in the community at the same time, no mitigation was needed. Now that the Applicant seeks to increase the overall number of events, Staff recommends that the Planning Commission forward the application to the DTPC for review. The Downtown Parking Commission would then recommend an appropriate parking mitigation fee per event to be approved by the City Council. Noise After a review of City Records, Enforcement Staff has not received any noise complaints. Additionally, previous events appeared to finish not later than 10:00 PM and the proposed live music, stage and sound systems would not exceed beyond 9:00 PM. This is consistent with noise controls outlined in City Code, which would continue to be enforced. Violation of this regulation could be used as grounds of termination of the IUP. Pedestrian Control/On Site Safety In the past, the Applicant has contracted with Washington County Sheriff's Department off -duty offices to regulate the event. It appears that this has been sufficient and should be continued. Further, Staff will continue to review each event permit and assign reasonable conditions of approval, including addressing traffic circulation and control. RECOMMENDATION Staff is generally supportive of the request, but seeks Planning Commission Direction on details of approval (such as appropriate number of events and duration). Staff would recommend the following conditions: 1. An outdoor event permit must be applied for and approved by staff prior to each event to ensure compliance with the Interim Use Permit. 2. The application must be reviewed by the Stillwater Downtown Parking Commission to determine appropriate parking mitigation. 3. The events shall comply with City Code Section 52-19 Noise control and regulation. 4. Any lighting proposed as part of event shall be temporary in nature and removed after each event. 5. Any event related signage shall be removed within 24 hours after the event ending. 6. All plans shall be reviewed and approved by applicable fire and building inspection personal prior to production occurring. 7. The maximum capacity of the outdoor venue shall not exceed 250 people. 8. All outdoor events and amplified noise shall terminate at 10.00 p.m. 9. All changes to the approved plans will need to be reviewed and approved by the Community Development Director. Any major changes will need to go to the Planning Commission for review and approval. 10.The Interim Use Permit shall terminate or be brought before the Planning Commission should there be a change in ownership of facility and/or expansion of facility and use. 11.Any violation of the above conditions or of any section of the Stillwater City Code could result in the revocation of the Interim Use Permit. 12. Per City Code, the Community Development Director may approve annual extensions administratively as allowed by City Code Section 31-207 Subd. 8. ACTION REQUESTED Motion to approve the Interim Use Permit request to allow outdoor events throughout the year for property located at 225 Main Street North, based on the above conditions within this report. City of Stillwater Washington County, Minnesota RESOLUTION PC2023-11 RESOLUTION GRANTING INTERIM USE PERMIT FOR OUTDOOR EVENTS A YEAR IN THE CENTRAL BUSINESS DISTRICT LOCATED AT 225 MAIN STREET NORTH WHEREAS, the City of Stillwater received an Interim Use Permit from Brian Carlson ("Applicant"), located at 225 Main Street North, legally described as in Exhibit A (the "Property"), regarding use of property for mulitple outdoor events; and WHEREAS, on April 26, 2023, the City Planning Commission for the City of Stillwater considered the interim use permit. NOW, THEREFORE, BE IT RESOLVED, that the City Planning Commission of the City of Stillwater hereby approves the interim use permit for use of the Property for multiple outdoor events, contingent upon the following. Findings 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 Conditions 1. An outdoor event permit must be applied for and approved by staff prior to each event to ensure compliance with the Interim Use Permit. 2. The application must be reviewed by the Stillwater Downtown Parking Commission to determine appropriate mitigation. 3. The events shall comply with City Code Section 52-19 Noise control and regulation. 4. Any lighting proposed as part of event shall be temporary in nature and removed after each event. 5. Any event related signage shall be removed within 24 hours after the event ending. 6. All plans shall be reviewed and approved by applicable fire and building inspection personal prior to production occurring. 7. The maximum capacity of the outdoor venue shall not exceed 250 people. 8. All outdoor events and amplified noise shall terminate at 10:00 p.m. 9. All changes to the approved plans will need to be reviewed and approved by the Community Development Director. Any major changes will need to go to the Planning Commission for review and approval. 10.The Interim Use Permit shall terminate or be brought before the Planning Commission should there be a change in ownership of facility and/or expansion of facility and use. 11. Any violation of the above conditions or of any section of the Stillwater City Code could result in the revocation of the Interim Use Permit. 12. Per City Code, the Community Development Director may approve annual extensions administratively as allowed by City Code Section 31-207 Subd. 8. Adopted by the City Planning Commission this 26th day of April, 2023. ATTEST: CITY OF STILLWATER John Dybvig, City Planning Commission Chair Tim Gladhill, Community Development Director 2 EXHIBIT A Legal Description of the Applicant's Property Abstract Property Type Parcel I D : 28-030-20-14-0070 All that part of Block 18 of the Original Town, now City of Stillwater, described as follows, to wit: Beginning at the point of intersection of the Easterly line of Main Street, as shown on said recorded plat of the Original Town, now City of Stillwater, with the Southerly line of Mulberry Street, as shown on said recorded plat of the Original Town, now City of Stillwater; thence South 17°46'50" East, assumed bearing, along said Easterly line of Main Street, 102.39 feet; thence North 71 °56'42" East 119.99 feet, more or less, to the Westerly line of Water Street, as the same was created by resolution of the City of Stillwater, said resolution being recorded in Book 74 of Deeds page 122: thence North 17046'56" West, along said Westerly line of Water Street 99.60 feet, more or less, to said Southerly line of Mulberry Street; thence South 73016'37" West; along said Southerly line of Mulberry Street; 120.00 feet, more or less, to the point of beginning. _►9 All that part of Block 18 of the Original Town, now City of Stillwater, described as follows, to wit: Commencing at the point of intersection of the Easterly line of Main Street, as shown on said recorded plat of the OriginaJ Town, now City of Stillwater, with the Southerly line of Mulberry Street, as shown on said recorded plat of the Original Town, now City of Stillwater; thence South 17°46'50" East, assumed bearing, along said Easterly line of Main Street, 102;39 feet to the point of beginning of the parcel being described; thence continuing South 17°46'50" East along said Easterly line of Main Street, 46.00 feet; thence North 71 °56'42" East 119.99 feet, mpre or less, to the Westerly line of Water Street, as the same, was created by resolution of the City of Stillwater, said resolution being recorded in Book 74 of Deeds, page 122; thence North 17°46'56" West, along said Westerly line of Water Street, 46.00 feet, more or less, to the intersection with a line which bears North 71 °56'42" East from the point of beginning; thence South 71 °56'42" West 119,99 feet, more or less, to the point of beginning. Except from the above two parcels theTollowing described property: That part of Block 18 described as follows, being the Easterly 20 feet of that part of said block lying Westerly of the Westerly right of way line of North Water Street and South of the South line of Mulberry Street and, lying Northerly of the following described line: commencing at the point of intersection of the East line of said Main Street with said South line of Mulberry Street thence South 17046,5011 ^ East assumed bearing along said Easterly line of Main Street distant.148.39 feet; thence North 71 °56'42" East for a distance of 100 feet being the point of beginning of the line being described thence continuing North 71 °56'42" East.a distance of 20 feet to the Westerly line of said Water Street arid said line there terminating. _►9 That part Block 18 of the Original Town, now City of Stillwater, described as follows: The easterly 20 feet of. that part of said Block lying westerly of the westerly Right of Way line of North Water -Street & South of the South line of Mulberry Street & lying Northerly of the following described line: Commencing at the point of intersection of the easterly line of said Main Street with said South line of Mulberry Street; thence South 17 degrees 46 minutes 50 seconds east assumed bearing along said Easterly line of Main Street -a distance of 148.39 feet; thence North 71 degrees 56 minutes 42 seconds east for a distance of 100 feet being POB line described; thence continuing North 71 degrees 56 minutes 42 seconds East a distance of 20 feet to the westerly line of said Water Street and said line there terminating. 0 ; 0, lit 0-0m" ,'s%, ,� r v �w_ oo YA �. 10 'a',' . Im Ill ■ o i � Letter of Intent Interim Use Permit Parking lot usage River Siren Brewing Co. 225-227 Main Street N, Stillwater, MN Parcel ID#'s: 28.030.20.14.0069; 28.030.20.14.0070; 28.030.20.14.0076 Zoning District: Central Business District Overview of Proposal River Siren Brewing Co. is requesting an Interim Use Permit to host multiple events, beyond the three -event limit the City of Stillwater allows with conditional use permits. The intent is to extend its service, year round, and make better use of its approximately 80' by 110' foot private parking lot property. Parameters around what an event entails could vary in size and attendance and be open to the public or a private event. Events could include: • Bands for The Brave (Saturday after Labor Day): a large-scale fundraiser/music event for Veterans that has taken place in the parking lot for almost five years. The event would be considered the largest of events River Siren would host as it requires: 60x60 tent structure, fencing, security, portable bathrooms, extra trash services; outside stage, sound system and outside food trucks. The .event typically requires one day prior for set-up and one day post for tear down (3 days in total including the. event). Previous event permit application included in application materials (pages 14-18) • Sunshine Fest (3rd Saturday in June): a fundraiser benefiting organ donation in affiliation with the City of Stillwater and LifeSource. The event would overflow into the parking lot to offer more food options and family fun (kid -friendly activities like games, face painting, etc). The event typically requires one day prior for set-up and one day post for tear down (3 days in total including the event). • Fourth of July Celebration: a weekend event with live music that would overflow into the parking lot with other local craft breweries, cideries, wineries, etc. (may require additional liquor licensing that River Siren would follow proper city protocols to obtain prior to the event). The event would' require one day prior for sdt-up and one day post for tear down.' • Oktoberfest (3rd and 4th weekend in September):' a multiple weekend event that would extend into the parking lot offering attendees games, German -cuisine and music. Previous event permit application included in application materials (pages 9-13) • Winter.Wonderland (December -February): a season -long event overflowing into the parking lot that would embrace Minnesota winters (ie: curling rinks, warming tents and outdoor winter games): • Private taproom rentals weddings or corporate events that may extend to parking lot and include outside food trucks to serve guests only (not to exceed 4 per month). The event would require set-up and clean-up completed during the rental time frame (ie: one day). PAGE 6 Additional event services mayp_0clude' • Temporary tent structure, not to exceed 60'x90' • Pedestrian safety fencing • Hired security from Washington County, Stillwater Police Department or private security companies • Portable bathrooms to meet city, requirements • Extra trash and recycling pick-up • Beverage service in parking lot (covered by existing liquor license) ' • Live music,; stage, and sound system, not to extend beyond 9pm , River Siren Brewing will always,take into consideration, what rules and' regulatiohs the City of Stillwater has set forth in hosting events. Proper permits will be obtained if needed (outside liquor licensing, etc). The interim use of the parking lot will not impose:apy,additional costs on the city. PAGE 7 ■ CJ 18 3 D h Eurut Cat/rinS L_HOOAH Tent n n u ■ I.O."N Inn nrru a nn■u /■ unuUN nnu■u■u■■ 1■/■■■■ 1//■■/■i ..... 4 NWr �`p7� M � r CC ■ ■ ■■■r■man r■■■ ■rrrr r ■rrrr r Ben Gutknecht From: Sent: Se Planning Dept Subject: Case # CD 2023-13 [CAUTION] *** This email originated from outside the organization. *** Do not click links or open attachments unless you recognize the sender and know the content is safe. To Planning Commission, After reviewing the proposal regarding multiple events at the Brewery, it appears to me that they could have as many at 50 outdoor events creating a Minnesota State Fair atmosphere for downtown Stillwater. I think the City should have a good mix of retail, office and restaurants but have it be a little more of a business presence rather that a outdoor concert center. This is just my opinion as I think the Brewery has been a fine addition to Stillwater but limit the outdoor events to 6 to 7 per year. Thank you for your attention to this matter. Tom Wortman TreMar LLC 219-221 Main Street No. 1 1 Water THE BIRTHPLACE OF MINNES O T A DATE: April 26, 2023 TO: Honorable Chair and Planning Commissioners FROM: Yasmine Robinson, Planning Manager SUBJECT: CD Case No. 2023-14: Conditional Use Permit for Graphic Design Signs in Union Alley and Interim Use Permit for Outdoor Seating (Art Alley Activation Project) BACKGROUND The Applicant, Sara Jesperson, is seeking approval of a Conditional Use Permit for Graphic Design Signs and an Interim Use Permit for outdoor seating located in Union Alley. The project site is an alleyway located between Commercial Street and Myrtle Street East. The Project Site is located in the Central Business Zoning District, Central Business District Historic Overlay, and the Downtown Design Review District. A Design Permit for Graphic Design Signs was heard and approved with conditions by the Heritage Preservation Commission on April 19, 2023. The Applicant has successfully programmed the alley space in the past, by working with alley -adjacent property owners to clean and program the space with seating and lighting during the Covid-19 Pandemic. Now that the concept has been proven, the Applicant is seeking to further activate the space in a more permanent fashion with public art and seating. ANALYSIS Conditional Use Permit for Graphic Design Signs City Code Section 31-509, Subd. 6 (10) requires a conditional use permit for graphic design signs. Section 31-101 of the Stillwater City Code defines Graphic Design Signs as, "any mural or pictorial scene or graphic design painted on the side of a wall or building or painted on a sign board affixed to a wall and in which a mural or scene has its purpose artistic effect. A graphic design sign is a non-commercial speech sign." Proposed locations for public art include rear portions of the following buildings in the alleyway: 1. 102 Main Street, cinder block fagade 2. 114 Main Street, cinder blocked window opening 3. 118 Main Street, cinder block fagade 4. 120 Main Street, lattice with wire mesh 5. 126 Main Street, stucco fagade Art pieces at these locations would be installed on non -historic surfaces, using mediums such as paint and/or chalk. The pieces would be chosen and managed by the steering committee and would likely be changed annually in order to feature a variety of artists and art works. Diagrams of the proposed locations are available in the attachments. Interim Use Permit for Outdoor Seating The Applicant is seeking to continue to use the alleyway for restaurant seating along the Lumberjack building. Tables and chairs would be placed during service hours and removed when not in use. The proposed Interim Use Permit will encompass restaurants that are contiguous with Union Alley. In addition to the Interim Use Permit, a license is required for use of the alleyway. Businesses who would like to be included in that license will apply to amend the license through the City Clerk's Office. FINDINGS & RECOMMENDATION Conditional Use Permit for Graphic Design Signs In approving a conditional use permit, it must be determined by the Planning Commission that: 1. The proposed structure or use conforms to the requirements and the intent of this chapter, and of the comprehensive plan, relevant area plans and other lawful regulations; 2. Any additional conditions necessary for the public interest have been imposed; and 3. The use or structure will not constitute a nuisance or be detrimental to the public welfare of the community. Staff finds that the Applicant's proposal is consistent with the above findings. Interim Use Permit for Outdoor Seating The purpose of an IUP is to provide flexibility to the district use regulations. IUP's are temporary in nature and due to these temporary characteristics, require special consideration so they may be located properly with respect to the objectives of the Comprehensive Plan and 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 IUPs and to impose reasonable conditions upon the granting of these permits. The Planning Commission may grant an interim use permit for the interim use of a 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 In addition, Section 31-519.1. - Outside Seating Requirements, provides performance standards: 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. 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 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. Staff finds that the Applicant's proposal for outdoor seating is consistent with the above findings and that the concept has been previously demonstrated as a benefit to the area. Staff recommends that Planning Commission approve request with the following conditions: 1. The events shall comply with City Code Section 52-19 Noise control and regulation. 2. Any lighting shall be temporary in nature and must be easily removable. 3. All changes to the approved plans will need to be reviewed and approved by the Community Development Director. Any major changes will need to go to the Planning Commission for review and approval. 4. The Interim Use Permit shall terminate or be brought before the Planning Commission should there be a change in ownership of facility and/or expansion of facility and use. 5. Any violation of the above conditions or of any section of the Stillwater City Code could result in the revocation of the Interim Use Permit. ALTERNATIVES Since there are two applications before the Commission (CUP and IUP), Staff recommends acting on them separately, and has provided resolutions to that effect. Conditional Use Permit for Graphic Design Signs The Planning Commission has the following alternatives to consider. 1. Approve with conditions 2. Approve as amended (based on discussion) 3. Deny 4. Table for further information Interim use Permit for Outdoor Seating The Planning Commission has the following alternatives to consider. 1. Approve with conditions: a. 1. The Applicant shall comply with all provisions of City Code Section 31- 519.1 (Outdoor seating requirements). b. The events shall comply with City Code Section 52-19 Noise control and regulation. c. 3. Any amplified sound shall be limited to the hours between 10:00 a.m. and 10:00 p.m. d. Any lighting shall be temporary in nature and must be easily removable. e. 5. If over eight 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. f. All changes to the approved plans will need to be reviewed and approved by the Community Development Director. Any major changes will need to go to the Planning Commission for review and approval. g. The Interim Use Permit shall terminate or be brought before the Planning Commission should there be a change in ownership of facility and/or expansion of facility and use. h. Any violation of the above conditions or of any section of the Stillwater City Code could result in the revocation of the Interim Use Permit. i. 9. The Interim Use Permit may be renewed annually by the Community Development Director as allowed by City Code Section 31-207.1 Subd. 8. 2. Approve as amended (based on discussion) 3. Deny 4. Table for further information ACTION REQUESTED Motion to approve the Conditional Use Permit for Graphic Design signs. Motion to approve the Interim Use Permit for Outdoor seating with conditions. ` Y a i JIM 'i �. VA IM� tea„ LJirs a''��ilr Ilh'hn �II�P■ I I- 1 4 City of Stillwater Washington County, Minnesota RESOLUTION PC2023-12 RESOLUTION GRANTING AN INTERIM USE PERMIT TO ALLOW OUTDOOR SEATING IN THE CENTRAL BUSINESS DISTRICT FOR OUTDOOR SEATING IN UNION ALLEY BEHIND 123 SEOND STREET NORTH WHEREAS, the City of Stillwater received an interim use permit application from Sara Jesperson ("Applicant"), located 123 Second Street North, legally described in Exhibit A (the "Property"), regarding outdoor seating located in the Central Business District; and WHEREAS, the outdoor seating will be located in Union Alley directly behind the following locations: 1. 123 Second Street North 2. 108 Main Street North 3. 112 Main Street North WHEREAS, the on April 26, 2023, the Planning Commission for the City of Stillwater considered the request. NOW, THEREFORE, BE IT RESOLVED, that the City Planning Commission of the City of Stillwater hereby approves the interim use permit for outdoor seating. The approval of the interim use permit is based on the following findings: 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 Conditions of Approval- 1 . The Applicant shall comply with all provisions of City Code Section 31-519.1 (Outdoor seating requirements). 2. The Applicant shall comply with City Code Section 52-19 (Noise control and regulation). 3. Any amplified sound shall be limited to the hours between 10.00 a.m. and 10.00 p.m. 4. Any lighting shall be temporary in nature and must be easily removable. 5. If over eight 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. Parking Mitigation Fee in lieu of on site parking stall construction shall be referred to the Downtown Parking Commission for recommendation, subject to ratification by the City Council, prior to use. 6. All changes to the approved plans will need to be reviewed and approved by the Community Development Director. Any major changes will need to go to the Planning Commission for review and approval. 7. The Interim Use Permit shall terminate or be brought before the Planning Commission should there be a change in ownership of facility and/or expansion of facility and use. 8. Any violation of the above conditions or of any section of the Stillwater City Code could result in the revocation of the Interim Use Permit. 9. The Interim Use Permit may be renewed annually by the Community Development Director as allowed by City Code Section 31-207.1 Subd. 8. Adopted by the Planning Commission this 26th day of April, 2023. ATTEST: CITY OF STILLWATER John Dybvig, City Planning Commission Chair Tim Gladhill, Community Development Director 2 1 WN:113: ra Legal Description of the Applicant's Property Abstract Property Type Parcel ID: 28-030-20-41-0094 All that part of Block Number 18 of the Original Town (now City) of Stillwater, as surveyed and platted and now of record in the office of the Register of Deeds, in and for Washington County, Minnesota, described as follows, to wit Commencing at the intersection of the East line of Second Street with the South line of Commercial.Avenue; thence Easterly along the South line of Commercial Avenue 200 feet, more or less, to the West line of Nelson Alley; thence South along the West line of Nelson Alley to a point 100 feet North of the North line of Myrtle Street; thence Westerly parallel with the North line of Myrtle Street a distance of 50 feet to a point; thence Northerly parallel with the East line of Second Street to a point 70 feet South of the South line of Commercial Avenue; thence Westerly parallel with the North line of Myrtle Street 150 feet, more or less, to a point in the East line of Second Street; thence Northerly along the East line of Second Street 70 feet, more or less, to the point of beginning, together with the rights in that certain deed from Henry C. Farmer and Mary Eva Farmer, his wife, to Connolly Shoe Company, dated and acknowledged May 22, 1905, and recorded May 24, 1905, in Book 60 of Deeds,page 376, with reference to the Southerly 2 feet of the Northerly 72 feet of the Westerly 150 feet thereof. City of Stillwater Washington County, Minnesota RESOLUTION PC2023-13 RESOLUTION GRANTING A CONDITIONAL USE PERMIT IN THE CENTRAL BUSINESS DISTRICT FOR GRAPHIC DESING SIGNS IN UNION ALLEY BETWEEN 102 MAIN STREET AND 126 MAIN STREET WHEREAS, the City of Stillwater received a conditional use permit application from Sara Jesperson ("Applicant"), located 123 Second Street North, legally described in Exhibit A (the "Property"), regarding the installation of Graphic Design Signs located in the Downtown Stillwater Design Reivew District; and WHEREAS, the Graphic Design Signs will be located at the following locations: 1. 102 Main Street North 2. 114 Main Street North 3. 118 Main Street North 4. 120 Main Street North 5. 126 Main Street North WHEREAS, the on April 26, 2023, the Planning Commission for the City of Stillwater considered the request. NOW, THEREFORE, BE IT RESOLVED, that the Planning Commission of the City of Stillwater hereby approves the conditional use permit for the installation of the Graphic Design Signs located in the Central Business District. The approval of the conditional use permit is based on the following findings: 1. The proposed structure or use conforms to the requirements and the intent of this chapter, and of the comprehensive plan, relevant area plans and other lawful regulations; 2. Any additional conditions necessary for the public interest have been imposed; and 3. The use or structure will not constitute a nuisance or be detrimental to the public welfare of the community. Conditions of Approval: 1. Plans must be in substantial compliance with those included in the packet for the April 26, 2023 Planning Commission Agenda. 2. Minor Changes, as defined by City Code, may be made administratively by the Community Development Director. Major Changes, as defined by City Code, must be approved by the Planning Commission. Adopted by the Planning Commission this 26t" day of April, 2023. CITY OF STILLWATER John Dybvig, City Planning Commission Chair ATTEST: Tim Gladhill, Community Development Director EXHIBIT A Legal Description of the Applicant's Property Abstract Property Type Parcel ID: 28-030-20-41-0094 All that part of Block Number 18 of the Original Town (now City) of Stillwater, as surveyed and platted and now of record in the office of the Register of Deeds, in and for Washington County, Minnesota, described as follows, to wit Commencing at the intersection of the East line of Second Street with the South line of Commercial.Avenue; thence Easterly along the South line of Commercial Avenue 200 feet, more or less, to the West line of Nelson Alley; thence South along the West line of Nelson Alley to a point 100 feet North of the North line of Myrtle Street; thence Westerly parallel with the North line of Myrtle Street a distance of 50 feet to a point; thence Northerly parallel with the East line of Second Street to a point 70 feet South of the South line of Commercial Avenue; thence Westerly parallel with the North line of Myrtle Street 150 feet, more or less, to a point in the East line of Second Street; thence Northerly along the East line of Second Street 70 feet, more or less, to the point of beginning, together with the rights in that certain deed from Henry C. Farmer and Mary Eva Farmer, his wife, to Connolly Shoe Company, dated and acknowledged May 22, 1905, and recorded May 24, 1905, in Book 60 of Deeds,page 376, with reference to the Southerly 2 feet of the Northerly 72 feet of the Westerly 150 feet thereof. Union Alley nos Pow 1 1VOL IRI IX W-A ff� ner-631Street 1 Myrtle Street OF " 4'k n � Search by Address - • �[` As A Y1 .tee WO pt�_ ---- . • I Past � y r Union Art Alley We have turned around the stinkiest, dirtiest, and most vandalized alley in Stillwater. It is now clean, well lit, vibrant, and fun. This has been a great transformation story, but we think we can do one better. Union Art Alley will evolve, and revolve, with the art that is the soul of our community. A destination for photos, expression, and colorful enjoyment; bridging relationships with building owners, business operators, and artists in the community. Why do we do it? Humans have always used art to express themselves to future generations. The desire to speak beyond one's self and leave a mark runs deep in the soul. Collectively, we wish to shed light on the beauty and struggles of our day. Union Alley that runs from Commercial Street to Myrtle Street has long been a throw away part of our beautiful city. Something to be hidden, an easy place to throw trash, and a dark dingy spot for hiding. We have an opportunity now to showcase the art that is in the soul of our community. To become a destination for photos, expression, and colorful enjoyment. This may have started as a simple clean up, but we want it to become a social movement in our community where artists are free to express themselves and work to spread the messages of our day to each other. We will document this ephemeral project for those who will come after us. Please consider our project for a new Union Art Alley, a little place with expansive art. CINDER BUILDING 24'W X 15'L Entire building 102 Main Street p OY V s 114 Main Street NOLA BUILDING ■ om "I^ 6'W X 4'L In bricked window 118 Main Street IRON BALCONY BUILDING 3'W X 3'L Above door or between pipe and small window l� 120 Main Street 11 LATTUCE BUILDING 40 13'W X 1O'L From the door over AAl 126 Main Street TAN STUCCO BUILDING O'W 20'L Between post and upper window, above the AC unit 1 I 1 2c), J 2i �l ) Brick Consider using Chalk to minimize impact to historic brick. Also use parachute like material for hanging murals on buildings. JX Limestone cable hung canvas, weighted pipe bottom sleeve �� ■O Cinder Block Direct Paint Mural Door Art - direct paint or vinyl wrap � r � 11— Omni. Wood Alcoves (direct paint) on Brick Buildings Direct Paint Wood Utility Post (bottom half) Painted fencing or 3D lattice - could be sculptural with lattice. Pavement Art Chalk w 5' 23' 26' Osaka Melt Pizza LJ Patio Lumberjack 1 32' O LJ LJ eLJ 68' O AXE PIT H VAC Lumberjack 32' O 068' O0 c o D 000000 Z ,000w­ all o.P QN Commetcta`St MODERNROOTS 124 126 124 Uptown Curl - Stillwa 1p 120 \ The Lumberjack 118112 Venue rick + Linen Q ne goods store Lolito Cantina® 21 J Pa��o Osaka Sushi Authentic Japanese • $$ Restore I aser Therapy Q Caroline Anderson, 226 RE/MAX Professional My,A\e SZ e MycdeStE Hovland Conservatory Q of Music Union alley Width 15' seating starts 15' South of Commercial Street border and continues to the South end of the patio property line. The start of the alley has a bike rack. Bordering commercial properties on the West Include the back side of: • Modern Roots • Uptown Curl • Brick and Linen • Melt Pizaa • Osaka Bordering properties on the East Include the back side of: • The Lumberjack • Lumberjack Patio • Laser Therapy \)v \)V W T lift, 'ELu A CK M N.com S @thetu'nib II LEAGUE PLAY MEM13ERSHI PS eriackmn R NATE PARTIES 71 '. W-_ - WOR, "I'll M-4 pu �zp SEEN 1 4L -A'44 oil Door 4 F, - Af _ lil.I IIII .� vo Ar = p �I x Lolito & The Lumberjack Tim Gladhill From: Sent: Tuesday, April 25, 2023 4:50 PM To: Tim Gladhill Subject: Union Alley [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. Hi Tim, I see the union alley summer use is coming up again. I have a few questions , comments and concerns. My first question is regarding the trash containers. I was under the understanding that the A event center building is that all of these containers were to be kept on their property . Is that not correct? The trash / containers has been a big problem for us that do not generate the volume or use those big containers. Last year with no consideration or permissions two containers show up at first behind the building I am renting and Modern Roots. We were not happy. The businesses using these dumpsters do not take great care of their trash. I trust moving forward all trash containers would abide by the conditional use permits in place. The other option would be that a condition be placed that any trash containers be placed at the south end of the alley. Regarding the use of the alley. What is the city going to be charging for the use of that space? It should not be free. Everything has a cost. Using Lowell Park, Parking etc. With money and budgets being tight it makes no sense that this is free for these few businesses not have to pay for that space. It should be charged at market rate. Thank You for considering these ideas. 1 1 Water THE BIRTHPLACE OF MINNES O T A DATE: April 26, 2023 TO: Honorable Chair and Planning Commissioners FROM: Tim Gladhill, Community Development Director SUBJECT: CD 2023-15: St. Croix Brewery Patio (114 Chestnut St E) BACKGROUND The City has received an Application from St. Croix Brewing Co. to remodel an outdoor patio in the rear of their property at 114 Chestnut St E to allow for outdoor seating. The property is located in the CBD: Central Business District. Below is a summary of proposed improvements. • Replacing deteriorating paving • Regrade portions of patio to ensure ADA compliance • Replace areas of landscaping; preserve vegetation where applicable, especially around boundary of site • Replace fence along sidewalk (similar to next door earlier this year) • Replace front door • Replace roof at front door awning • See detailed proposal attached to this report FINDINGS AND RECOMMENDATIONS When making a decision on an interim use permit application, the Planning Commission shall make the following findings. 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. RECOMMENDATION With the recommended conditions found within the Resolution granting approval, Staff would recommend approval of this request. Staff has asked for a more refined seating layout to determine a final seating count. The Heritage Preservation Commission approved the design of the outdoor patio space. ACTION REQUESTED Motion to approve the interim use permit for outdoor seating for St. Croix Brewery. �i, nnlllllantl-�>�. - �I� - ' LJirs a''��ilr �r, Ilh. hn �II�P■ I I— 1 t;!7{S1' I,\0���=i�rr�f�W�� �i .1.t III\� City of Stillwater Washington County, Minnesota RESOLUTION PC2023-14 INTERIM USE PERMIT TO ALLOW FOR OUTDOOR SEATING AT 114 CHESTNUT ST E (ST. CROIX BREWERY) WHEREAS, the City of Stillwater received an Interim Use Permit Application for Outdoor Seating from St. Croix Brewing Company, LLC ("Applicant"), located at 114 Chestnut St E, legally described as in Exhibit A (the "Property"), regarding the creation of an outdoor seating area; and WHEREAS, on April 26, 2023, the City Planning Commission for the City of Stillwater considered the interim use permit. NOW, THEREFORE, BE IT RESOLVED, that the Planning Commission of the City of Stillwater hereby approves the interim use permit for outdoor seating. The approval of the interim use permit is subject to the following conditions: Findings • The use conforms to the Zoning District • The date or event that will terminate the use can be identified with certainty • Permission of the use will no impose additional costs on the City if it is necessary for the City to take the Property in the future • The user agrees in writing to any conditions that the Planning Commission deems appropriate for permission of the use Conditions of Approval 1. The Applicant shall comply with all provisions of City Code Section 31-519.1 (Outdoor seating requirements) 2. The Applicant shall comply with City Code Section 52-19 (Noise control and regulation). 3. Any amplified outdoor sound limited to the hours between 10:00 a.m. and 10:00 p.m. 4. Any lighting shall be temporary in nature and must be easily removable. 5. If over eight 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. Parking Mitigation Fee in lieu of on site parking stall construction shall be referred to the Downtown Parking Commission for recommendation, subject to ratification by the City Council, prior to use. 6. All changes to the approved plans will need to be reviewed and approved by the Community Development Director. Any major changes will need to go to the Planning Commission for review and approval. 7. The Interim Use Permit shall terminate or be brought before the Planning Commission should there be a change in ownership of facility and/or expansion of facility and use. 8. Any violation of the above conditions or of any section of the Stillwater City Code could result in the revocation of the Interim Use Permit. 9. The Interim Use Permit may be renewed annually by the Community Development Director as allowed by City Code Section 31-207.1 Subd. 8. Adopted by the Planning Commission this 26th day of April, 2023. ATTEST: CITY OF STILLWATER John Dybvig, City Planning Commission Chair Tim Gladhill, Community Development Director 2 EXHIBIT A Legal Description of the Applicant's Property ABSTRACT PROPERTY PID:2803020420100 The West 25 feet of Lot 5; The East 50 feet of Lots 6 and 7; The East 50 feet of the South 30 feet of Lot 8, Block 24, Original Town (now City) of Stillwater, Washington County, Minnesota. StCROJX 13R.EWING HERITAGE PRESERVATION COMMITTEE GROUNDS & EXTERIOR BUILDING IMPROVEMENTS AT 114 CHESTNUT ST. E Prepared and reviewed by Seven Edges Design and St. Croix Land Company, LLC (Owner of 114 Chestnut St. E, Stillwater, MN) On behalf of the St. Croix Brewing Co., LLC March 22, 2023 F, SEVEN EDGES COMMERCIAL + HOSPITALITY IN T E R I OR D E S I G N 1 rA SEVEN EDGES COMMERCI ALI HO SPITALITY I N T EFI OR DESIGN TABLE OF CONTENTS StCROM BREWING BUILDING LOCATION 3 BACKGROUND 4 EXISTING CONDITIONS - OVERALL 5 EXISTING CONDITIONS - OVERALL (CLOSE-UP EXTERIOR) 6 EXISTING CONDITIONS - PORCH 7 EXISTING CONDITIONS - PORCH DOORS 8 EXISTING CONDITIONS - HISTORIC FENCE & WALKWAY TO PATIO 9 EXISTING CONDITIONS - PERGOLA & PATIO 10 EXISTING CONDITIONS - GARDEN (EAST SIDE) 10 EXISTING CONDITIONS - GARDEN (WEST SIDE) 12 ADJACENT PROPERTIES 13 SITE SURVEY 19 SITE PLAN 20 PROPOSED PLAN - GROUNDS 21 Gardens 21 Historic Paddock & Entryway 22 PROPOSED PLAN - EXTERIOR BUILDING RENOVATIONS 23 Sidewalk Railing 23 Porch 23 Signage 28 2 9 < Ml��eStE a 0 2 , dr Kl 000in Restaurant _ -' & Wine Bar New Amriga�$S r Lift Bridge Cowork Temporarily The Victorian 4 N N r N w' N • American Legion N S 01 ` AcesBid.com . • 3rd Scree Posi - +Ar 1 � ' r:' 124 w ProhibitI Se a - 1 r�C• 14 Chest- •SfE, .tillwate 55082 -� Goosehead Insurance $t� - Nate Gcttsacker GhgglP� w T cheSt�Ut S' E N i rA SEVEN EDGES COMMERCI ALI HO SPITALITY I N T EFI OR DESIGN BACKGROUND StCROJX BREWING The Brunswick House, a two-story Greek Revival house, was built in 1848 and is the oldest standing wood -framed building in the city of Stillwater. The house has seen several different owners and iterations both as a private residence and commercial enterprise, including as the lodge for the International Order of Odd Fellows when first constructed in 1848, as the home for the Brunswick family from 1864 to 1969, and as the Harvest Inn, among others. During its time as the Harvest Inn, the owners added the aggregate cement patio and walk to and in the back garden, a wooden fence and pergola. The house still retains these features, as well as the gardens (which include a grape vine and rose bush) that date back to the Brunswick family in the 19th century. In 2015, St. Croix Land Company, LLC purchased the property with the intent of making it the home of the St. Croix Brewing Company, which has its roots in the historic brewing company of the same name dating back to the early days of Stillwater (1858). That intent has and continues to remain. To date, St. Croix Land Company, on behalf of the St. Croix Brewing Company, has completed the following projects to turn the 174-year-old Brunswick House into a 21 st century taproom brewery: • Restored and painted the exterior of the building in 2017 • Gutted the basement and began build -out of a state-of-the-art brewery, which includes a three -barrel copper cladded brewhouse • Installed a required sprinkler system (awaiting 5G installation for monitoring service and final inspection with Stillwater Fire Department) While the property is not currently on the historic registry, the current owners fully understand and appreciate the value of the historic nature of this site. Since day one, they have worked hand -in -hand with the city of Stillwater, as well as the Washington County Historical Society in the pursuit of ushering the 19th century city treasure into a 21 st century brewery and public house that can be enjoyed by locals and visitors alike. The current proposed alterations will continue the effort to make the exterior of this historic property welcoming to customers, while restoring the historic features in a way that showcases the many stories and legacies that this property boasts. 4 rA SEVEN EDGES COMMERCI ALI HO SPITALITY I N T EFI OR DESIGN EXISTING CONDITIONS - OVERALL Street View, looking north from Chestnut Street - Google Maps, May 2019 See page 28 for the proposed plan for exterior signage. StCROM BREWING 5 rA SEVEN EDGES COMMERCI ALI HO SPITALITY I N T EFI OR DESIGN EXISTING CONDITIONS - OVERALL (CLOSE-UP EXTERIOR) StCROM BREWING i S�1 "e Mp— May 2019 QM"G"e I11-States — P .v Re Il a problem Street View, looking north from Chestnut - Google Maps, May 2019 See page 23 for proposed plan for fencing/railing along sidewalk; See page 22 for proposed plan about paddockldriveway and entryway 6 rA SEVEN EDGES COMMERCI ALI HO SPITALITY I N T EFI OR DESIGN EXISTING CONDITIONS - PORCH Existing Porch, Google Maps, 2023 StCROJX BREWING Existing Porch, showcasing a temporary replacement door (Image Credit: Tod Fyten, March 2023) Seepage 21for proposed plan for porch 7 rA SEVEN EDGES C OMMERCI ALI HO SPITALITY I N T EPI OR DESIGN EXISTING CONDITIONS - PORCH DOORS stcRiox BREWING Original Door (Image Credit: Tod Fyten, Nov 2022) Restored Door (as of March 2023; Image Credit: Tod Fyten) rA SEVEN EDGES COMMERCI ALI HO SPITALITY I N T EFI OR DESIGN EXISTING CONDITIONS - HISTORIC FENCE & WALKWAY TO PATIO StCROM BREWING Historic Fence/Garden Entrance, south facing view (Image Credit: Frances Fyten, Feb. 2023) Historic Fence/Garden Entrance, north facing view (Image Credit: Frances Fyten, Oct. 2022) Seepage 21 for proposed plan for historic fencing and walkway 0 rA SEVEN EDGES COMMERCI ALI HO SPITALITY I N T EFI OR DESIGN EXISTING CONDITIONS - PERGOLA & PATIO LEFT Historic Pergola and cement patio with "H" icon, dating back to Harvest Inn (Photo Credit: Frances Fyten, Oct. 2022) StCROM BREWING RIGHT Wide shot of historic gardens and pergola, dating back to Harvest Inn (NOTE: you can also see a stone grill/fire pit on right of image) (Photo Credit: Frances Fyten, Jan. 2023) See page 21 for proposed plans for the pergola, patio and gardens 10 9 viaq, trs "i. Iv Tp�.k byW I � � ��. b Y3 ul► i1 YB Oil VQ 5 k4 NOW y� w i 4' a �eE 9 INIE 4 1 11 CIO tj 7W WOW, gig JMAN p AA rA SEVEN EDGES COMMERCI ALI HO SPITALITY I N T EFI OR DESIGN ADJACENT PROPERTIES 116 Chestnut Street E, Stillwater StCROM BREWING 13 D is R rA SEVEN EDGES COMMERCI ALI NO SPITALITY I N T EFI OR DESIGN StCROJX BREWING 15 rA SEVEN EDGES COMMERCI ALI HO SPITALITY I N T EFI OR DESIGN 1 106 Chestnut Street E, Stillwater StCROJX BREWING 16 rA SEVEN EDGES COMMERCI ALI NO SPITALITY I N T EFI OR DESIGN stcRoix BREWING 17 D - 4- rA SEVEN EDGES CGMMERC AHLI SPITALITY I N T E S OR DESIGN SITE SURVEY Completed in 2014 VICINITY MAP . ..... .... aA fp EXISTING LEGAL DESCRIPTION. TITLE INFO: C. S7 r26 '17 R EA 25-00- 2q 4� BUILDING SETMCK &ZONING INFO A' 'IE. UNDERGROUND UTILITIES NOTES: -.1 —E U.L� E:NOTI. .1 T.. sulxxr LEGEND: StCROIX BREWING PP REEW EST 1858 STILLWATER 47T 7Ix .�, TexE I,, L ONTACT - METRO Et C.... E. JON "mcwt R �11T.ION� /,MOJECT LOCATION: CHESTNUT STREET E PID #2803020420100 E_ —too CORNERSTONE CERTIFICATE OF SURVEY 19 rA SEVEN EDGES COMMERCI ALI HO SPITALITY I N T EFI OR DESIGN SITE PLAN LEGEND: (E) = EXISTING (N) = NEW (E) HISTORIC BUSHES/ GARDEN TO STAY (E) TREE (E) CONCRETE PAD W/PERGULLA STRUCTURE (E)TREES - (E)AGGREGATE WALKWAY - 5% MAX SLOPE (E) Brush — (E)TREE PROPERTY LINE (N) LOT: CLASS#5 LIMESTONE (E) Brush — (E) Historic Railing SITE PLAN SCALE: 1/16" = V-0" 1 (E) HISTORICAL STONE WALL REMNANTS (E)TREES (E) STONE GRILL TO BE REMOVED (E) FENCE/GATE ROOF LINE I Fowc______p ------------ ------------ DRIVEWAY TARMAC (N) — — — — — 5 % MAX SLOPE S\��W PIER, MN 5y082 . cN�S�NU-� g1REE� S 11Q EPSS StCROJX BREWING SITE PLAN 20 rA SEVEN EDGES C OMMERCI ALI HO SPITALITY I N T EPI OR DESIGN PROPOSED PLAN - GROUNDS StCROJX BREWING Gardens 1. Restore historic Brunswick House gardens, including: a. Removal of invasive plants and trees, such as buckthorn b. Preserve existing plants, where possible, and plant new flowers and shrubs, as needed, to restore the historic gardens c. Removal of stone grill/fire pit Powerwash and restore historic aggregate cement patio & walk d. Powerwash and restore (stain, etc.) historic pergola e. Powerwash and restore (stain, etc.) historic garden fencing f. Uncover and restore, where possible, historic wall remnants on north side of gardens ' \ , Trees that are staying Plants that will be cleaned up, preserved Plants, brush and trees (e.g., buckthorn) that will be removed Removal of stone grill/ fire pit Physical structures being restored (pergola, patio, fencing) a \� l ��a _. 1'r 6 ar® cares �. �5 f LNESTNUr 21 rA StCROJX SEVEN EoDGES BREWING SPITALITY EST 1858- INTES0D DESIGN Historic Paddock & Entryway 2. Redesign of the front entrance and historic paddock, including: a. Remove all existing driveway, most of the cement sidewalk and porch cement block b. Remove selective bushes c. Regrade driveway d. Restore historic "paddock"area by adding 34" limestone and class 5 gravel e. Build form and rebar 3' on center for sidewalk entrance f. Pour concrete for new sidewalk leading up to the front porch/building entrance (4-4'/2 in. thick at no more than 5% grade, per ADA) g. Cut necessary control joints no larger than 12'x12' ; (E)FENCElGATE �n �x� .o.. cvssauuearox[ � Rlm.�a.Ua— (E) TREES WALKWAY- ROOF LINE F[ (E) Brush —— _ (E) TREE _------------ _P.000a ------------ PROPERTY LINE — _ _ _ _ _ _ _ _— — DRIVEWAY : TARMAC (N) _ 5% MAX SLOPE IEI�EE6 (N) LOT: CLASS #5 LIMESTONE - 4�� PSER MN 5y0a2 (E) Brush �. (E) Historic Railing 11A V- W. _ 1 -_n- i �11F�t e.eow 22 rA SEVEN EDGES C OMMERCI ALI HO SPITALITY I N T EPI OR DESIGN PROPOSED PLAN - EXTERIOR BUILDING RENOVATIONS Sidewalk Railing 1. Remove existing picket fencing, that is falling apart, along public sidewalk (see page 6 for image) 2. Restore and repaint historic iron railing along public sidewalk black (see images below for historic reference) t Porch StCROJX BREWING 1. Move existing porch handrail (facing south) to west side of the porch, in order to open up a wider front entrance a. HPC Note: In the images above of 114 Chestnut St. E dated 1849, we see that there is no handrail on the porch. This was a later addition, and therefore, holds no historical significance. 23 rA SEVEN EDGES COMMERCI ALI HO SPITALITY I N T EFI OR DESIGN North -facing view: Porch without handrail (NEW DESIGN) StCR0JX BREWING East -facing view: Porch with handrail (NEW DESIGN) (NOTE: Porch door in these images is a temporary door, installed while we restored the original porch door seen in images on page 8.) 24 rA SEVEN EDGES COMMERCI ALI HO SPITALITY I N T EFI OR DESIGN 2. Replace porch roof with copper or copper -look metal a. See below for example of roof b. See next page for product sample StCROJX BREWING 25 rA SEVEN EDGES COMMERCI ALI NO SPITALITY IN T EFI OR DESIGN ib$$ WEATHERED COPPER SNAP -CLAD PANEL MATERIALS 032 aluminum 24 gauge steel 040 aluminum 22 gauge steel SPECS 10",12",16" or 18" O.C. 1-3/4" High UL-90 SMOOTH PANEL 1 y4, (STANDARD) 10', 12 16" ar 18' O.C. I PENCIL AW (OPTIONAL( 10•, 12", 16" or 18. O.C. PRODUCT FEATURES / Architectural/structural panel 1 Factory -applied sealant available / Continuous interlock / Labor-saving one-piece design / Pencil ribs upon request 0 Striations upon request 0 Factory eave notching available 0 30-year-non-prorated finish warranty / Maximum factory -produced panel length is 64' (check w/factory for longer lengths) / Weathertightness warranty available StCROJX BREWING 1 43 stocked colors (24 gauge steel) 0 UL-90 rated aluminum panel up / 16 Stocked colors (22 gauge steel) to 16" O.C. / 36 stocked colors (.032 aluminum) / UL-90 rated steel panel up to 18" O.C. / 22 stocked colors (.040 aluminum) ASTM TESTS / Panels available in Galvalume Plus I ASTM E1592 tested / ASTM E283/1680 tested ULCLASSIFICATION / UL-580 Class 90 wind uplift / ASTM E331/1646 tested / UL-1897 wind uplift FLORIDA BUILDING & MIAMI-DADE PRODUCT / UL-790 Class Afire rated APPROVALS Please refer to pac-clad.com or your local / UL-263 fire resistance rated factory for specific product approval / UL-2218 impact resistance rated numbers for Snap -Clad. Note: UL 90 is available on steel panels up to 18" on center, and on aluminum panels up to 16" on center. rA SEVEN EDGES COMMERCI ALI HO SPITALITY I N T EFI OR DESIGN 3. New light fixture on the porch StCROJX BREWING 27 rA SEVEN EDGES COMMERCI ALI HO SPITALITY I N T EFI OR DESIGN Signage StCROM BREWING Buildings in downtown Stillwater are allowed three (3) signs - one wall, monument, awning, canopy, or three dimensional sign; one free-standing sign; and one projecting (hanging) sign. Therefore, our proposed plan is to: 1. Affix new signage to the exterior of the building, including: a. "ST. CROIX BREWERY" sign on the south side of the building, such as in the image below. Design Note: Sign must be no more than 25 square foot long, and are encouraged to be long and linear b. Hanging sign with company logo attached to existing sign post on south side of building following guidelines from city of Stillwater. Design note: A single, no more than six (6) square foot projecting sign to be hung from the existing black metal sign rail. Bottom of the sign will be (at least) 8 from the sidewalk. 28 1 1 Water THE BIRTHPLACE OF MINNES O T A DATE: April 26, 2023 TO: Honorable Chair and Planning Commissioners FROM: Tim Gladhill, Community Development Director SUBJECT: CD 2023-16: Lolito Patio (243 Main St S) BACKGROUND The City has received an Application from Lolito Restaurant to remodel an outdoor patio in the rear of their property at 243 Main St S. Lolito's recent relocated to this space previously occupied by Marxx Restaurant. While the City can find no specific approval for an outdoor patio at this location, it appears that the patio was constructed circa 2006 based on building permit records for an interior remodel. It is known that the space has been used for outdoor seating in the past, but this help formalize the approved use. Below is a summary of proposed improvements. • Remove fencing and replace with softer landscaping • Add decking to ground level instead of bare ground • Replace stairwell to small rooftop deck • Replace railing and decking on small rooftop deck • Add small walk in freezer and screen with fencing FINDINGS AND RECOMMENDATIONS When making a decision on a design permit application, the Planning Commission shall make the following findings. 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. RECOMMENDATION With the recommended conditions found within the Resolution granting approval, Staff would recommend approval of this request. Staff has asked for a more refined seating layout to determine a final seating count. The Heritage Preservation Commission approved the design of the outdoor patio space. ACTION REQUESTED Motion to approve the interim use permit for Lolito Restaurant. W-- .094MMMPRWSI�- W- 1. �% - --* �- A f. VW-F IA. �WA Xl Oft 0 ` W ILI City of Stillwater Washington County, Minnesota RESOLUTION PC2023-15 INTERIM USE PERMIT TO ALLOW FOR OUTDOOR SEATING AT 243 MAIN ST S (LOLITO) WHEREAS, the City of Stillwater received an Interim Use Permit Application for Outdoor Seating from Lolito Cantina ("Applicant"), located at 243 Main St S, legally described as in Exhibit A (the "Property"), regarding the creation of an outdoor seating area; and WHEREAS, on April 26, 2023, the City Planning Commission for the City of Stillwater considered the interim use permit. NOW, THEREFORE, BE IT RESOLVED, that the Planning Commission of the City of Stillwater hereby approves the interim use permit for outdoor seating. The approval of the interim use permit is subject to the following conditions: Findings • The use conforms to the Zoning District • The date or event that will terminate the use can be identified with certainty • Permission of the use will no impose additional costs on the City if it is necessary for the City to take the Property in the future • The user agrees in writing to any conditions that the Planning Commission deems appropriate for permission of the use Conditions of Approval 1. The Applicant shall comply with all provisions of City Code Section 31-519.1 (Outdoor seating requirements) 2. The Applicant shall comply with City Code Section 52-19 (Noise control and regulation). 3. Any amplified outdoor sound limited to the hours between 10:00 a.m. and 10:00 p.m. 4. Any lighting shall be temporary in nature and must be easily removable. 5. If over eight 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. Parking Mitigation Fee in lieu of on site parking stall construction shall be referred to the Downtown Parking Commission for recommendation, subject to ratification by the City Council, prior to use. 6. All changes to the approved plans will need to be reviewed and approved by the Community Development Director. Any major changes will need to go to the Planning Commission for review and approval. 7. The Interim Use Permit shall terminate or be brought before the Planning Commission should there be a change in ownership of facility and/or expansion of facility and use. 8. Any violation of the above conditions or of any section of the Stillwater City Code could result in the revocation of the Interim Use Permit. 9. The Interim Use Permit may be renewed annually by the Community Development Director as allowed by City Code Section 31-207.1 Subd. 8. Adopted by the Planning Commission this 26th day of April, 2023. ATTEST: CITY OF STILLWATER John Dybvig, City Planning Commission Chair Tim Gladhill, Community Development Director 2 1*:1:1WIW-11 Legal Description of the Applicant's Property Abstract Property Type Parcel ID: 2803020410035 All that part of Lots 5, 6 and 7, Block 28, of the Original Town (now City) of Stillwater, as shown on the perfected plat thereof, recorded as Document No. 416049, Washington County records, lying Westerly of the Westerly line of platted Stimpsons Alley, a.k.a. South Water Street, described as follows, to wit: Beginning at a point in said Westerly line of platted Stimpsons Alley, a.k.a. South Water Street, distant 3.00 feet Southerly, as measured along said Westerly line, from the Northerly line of said Lot 5; thence South 73 degrees 13 minutes 07 seconds West, assumed bearing, (rec. as South 72 degrees 24 minutes 19 seconds West), parallel with said Northerly line of Lot 5, a distance of 50.52 feet; thence North 16 degrees 48 minutes 46 seconds West, (rec. as North 17 degrees 37 minutes 32 seconds West) 1.55 feet; thence South 73 degrees 11 minutes 17 seconds West (rec. as South 72 degrees 22 minutes 28 seconds West) 69.48 feet, more or less, to a point in the Easterly line of platted Main Street, said point being 1.49 feet Southerly, as measured along said Easterly line from the Northwesterly comer of said Lot 5; thence Southerly along said Easterly line of platted Main Street 41.51 feet, more or less, to a point 43.00 feet Southerly, as measured along said Easterly line, from said Northwesterly comer of Lot 5; thence Easterly, parallel with the Northerly line of said Lot 6, a distance of 69.12 feet, more or less, to the Easterly line of said Lot 6; thence Northerly along said Easterly line of Lot 6 a distance of 0.47 feet, more or less, to the Southerly line of the Northerly 17.36 feet of said Lot 7; thence Easterly, along said Southerly line of the Northerly 17.36 feet, a distance of 50.73 feet, more or less, to said Westerly line of platted Stimpsons Alley, a.k.a. South Water Street; thence Northerly, along said Westerly line, 39.55 feet, more or less, to the point of beginning. LOLITO� Sec. 31-101. Definitions. For the purposes of this chapter of the Code the following terms, phrases, words and their derivations shall have the meanings given in this Section 31-101. When consistent with the context, words in the plural include the singular and words in the singular include the plural. 1. Accessory use means a subordinate use customarily incidental to and located on the same lot with tha main uca -1-.2. Accessory,- buildings, or structure means a detached subordinate use, building or structure customarily incidental to and located on the same lot was the fl4aiRprincipal use er building. the term "building" includes within its meaning "use" and "structure" when applying a,,.,,,l,,.,rv.,,..+.-,,,,ulation5 in each di5tF;C+ Accessory buildings or structures are not attached to the principal structure. €a fk-eagaertscarports and shipping containers are not considered Accessory buildings or structures, and are temporary in nature. 3. Accessory use, building, or structure when found in Section 31-400 (Floodplain overlay district) means a use or structure on the same lot with, and of a nature customarily incidental and subordinate to, the principal use or structure. (Supp. No. 88) Created: 2022-07-11 12:01:04 [EST] Page 1 of 1 Chapter 31 - ZONING ORDINANCE ARTICLE III. - BASE ZONING DISTRICTS AND REGULATIONS DIVISION 1. GENERALLY DIVISION 1. GENERALLY Sec. 31-300. District boundaries. Use districts shall be established as follows: (a) Use districts established. The city is hereby divided into use districts as provided in this Chapter 31. (b) Maps and boundaries. The boundaries of such districts are hereby established as shown on a map entitled "The Zoning Map of the City" on file in the office of the community development director, which map, with all explanatory matter thereon, shall be deemed to accompany, and is hereby made a part of this chapter by reference. (c) Interpretation of district boundaries. Where uncertainty exists with respect to the boundaries of any of the districts, as shown on the zoning map, the following rules shall apply: (1) Where boundaries approximately follow streets, alleys or highways. Where district boundaries are indicated as approximately following the centerline or street line of streets, the centerline or alley line of alleys or the centerline or right-of-way line of highways, these lines shall be construed to be the district boundaries. (2) Where boundaries parallel street lines, alley lines or highway right-of-way lines. Where district boundaries are indicated as approximately parallel to the centerline or street lines of streets, the centerline or alley line of alleys or the centerline or right-of-way lines of highways the district boundaries shall be construed as being parallel thereto and at a distance therefrom as indicated on the zoning map. If no distance is given, the dimension shall be determined by the use of the scale shown on the zoning map. (3) Where boundaries approximately follow lot lines. Where district boundaries are indicated as approximately following lot lines, the lot lines shall be construed to be the boundaries. (4) Where boundaries follow railroad lines. Where the boundary of a district follows a railroad line, the boundary shall be deemed to be located midway between the main tracks of the railroad line. (5) Where the boundary follows a body of water. Where the boundary of a district follows a stream, lake or other body of water, the boundary line shall be construed to be at the limit of the jurisdiction of the city, unless otherwise indicated. (6) Submerged areas not included in a district. All areas within the corporate limits of the city which are under water and are not shown as included within any district shall be subject to all of the regulations of the district which immediately adjoins the water area. If the water area adjoins two or more districts, the boundaries of each district shall be construed to extend into the water area in a straight line until they meet the other district. (7) District regulations apply to schools, parks, playgrounds and cemeteries. Any areas shown on the zoning map as park, playground, school, cemetery, water, street or right-of-way shall be subject to the zoning regulations of the district in which they are located. In case of doubt, the zoning regulations of the most restricted adjoining district shall govern. (8) Newly annexed property. Property newly annexed to the city will have the zoning classification agricultural preservation (A-P) and be subject to the regulations of that district. Stillwater, Minnesota, Code of Ordinances (Supp. No. 88) Created: 2022-07-11 12:01:05 [EST] Page 1 of 25 (9) Vacation of public ways. Whenever any street or alley or other public way is vacated in the manner authorized by law, the zoning district adjoining each side of the street, alley or public way shall be extended to the center of the vacation and all areas included in the vacation shall then be subject to all regulations of the extended districts. Sec. 31-301. Zoning districts created. The city is hereby divided into use districts which shall be known as follows: (a) A-P—Agricultural preservation (b) LR—Lakeshore residential (c) CTR—Cove traditional residential (d) RA —One -family districts (e) TR—Traditional residential (f) CCR—Cove cottage residential (g) RB—Two-family districts (h) CR—Cottage residential (i) TH—Townhouse residential (j) CTHR—Cove townhouse residential (k) RCL—Low density multiple -family residence district (1) RCM —Medium density multiple -family residence district (m) RCH—High density multiple -family residence district (n) CA —General commercial (o) CBD—Central business district (p) VC —Village commercial district (q) BP-C business park —Commercial district (r) BP-O business park —Office district (s) BP -I business park —Industrial (t) CRD—Campus research district (u) PA —Public administrative offices district (v) PWFD—Public works facility district (w) PROS —Park, recreation or open space district (x) RR —Rural residential district (Ord. No. 1032, § 1, 6-7-11; Ord. No. 1131, § 1, 9-3-19) (Supp. No. 88) DIVISION 2. RESIDENTIAL ZONING DISTRICTS Created: 2022-07-11 12:01:05 [EST] Page 2 of 25 Sec. 31-302. A-P agricultural preservation district. A-P agricultural preservation districts shall be regulated as follows: (a) Purpose. The purpose of the A-P district shall be to maintain and enhance agricultural operations and preserve agricultural lands utilized for crop production and to serve as a holding zone for lands where phased urban expansion will occur. The preservation of agricultural land is intended to prevent urban sprawl, control the public costs of providing urban services and reduce urban/rural conflicts which arise as a result of premature development of rural areas. The A-P district is further intended to preserve open space and natural resource areas. (b) Allowable uses. (1) See Table in Section 31-315 for the allowable uses within this district. (2) Any other uses or activities determined by the planning commission to be of the same general character as those found in Section 31-315 for the A-P district and that will not impair the future urbanization of the property may be allowed. (c) Accessory Structures and garage standards. See Section 31-501 for accessory structure and garage standards within this district. (d) Massing regulations. (1) Minimum standards.' Lot area per dwelling 10 acres Lot width 300 feet Lot depth 300 feet Lot depth to width ratio 3:1 Front yard setback 50 feet Side yard setback 25 feet Rear yard setback 75 feet Height Height of residence 2% stories, not to exceed 35 feet Height of agricultural structures 50 feet maximum Height of accessory structures (other than agricultural structures) 20 feet maximum and not exceed height of principal structure (2) Additional setback standards .2 Trunk Highway 96 (Stonebridge Trail to Co Rd. 15) 100 feet McKusick Road (Neal Ave. to Co Rd. 15) 100 feet County Rd. 12 (Northland Ave. to Co Rd. 15) 100 feet County Rd. 15 (Trunk Highway 36 to Trunk Highway 96) 100 feet Railroad 75 feet (e) Building and unplatted land. A building permit for a residential or nonagricultural building in this A-P district will not be issued until a plot plan showing the proposed building and the land areas to be set (Supp. No. 88) Created: 2022-07-11 12:01:05 [EST] Page 3 of 25 aside to accommodate it is submitted and approved by the director of community development. The plot plan may delineate a tract of land which is part of a larger ownership without the filing of a plat, provided the delineated tract is accurately tied to a section or quarter section corner and has access to a public street, road or highway. This delineated tract must be entered on the official zoning map of the city and is considered the same as a platted lot for purposes of regulating permits on adjacent land. The owners of tracts abutting an existing road, street or highway which has less than city standard width must deliver a warranty deed of dedication acceptable to the city for that amount of right-of- way necessary to comply with the city standards prior to the issuance of the building permit. (f) Agricultural uses. Agricultural uses are permitted with no restrictions as to operation of vehicles or machinery customarily incidental to agricultural uses and with no restrictions to the sale or marketing of products raised on the premises; provided, however, that any buildings, structure or yard for the raising, feeding, pasturing, housing or sale of livestock or poultry must be located at least 100 feet from residentially zoned land; and provided further that there shall be no disposal of garbage, rubbish or offal, other than regular removal, within 300 feet of residentially zoned land. (g) Subdivisions. Any request for subdivision of land in the A-P district must be accompanied with a ghost plat that shows how future urban development can be accomplished. 'All standards are minimum requirements unless otherwise noted. 2 Measured from right-of-way line. Sec. 31-303. LR lakeshore residential district. LR lakeshore residential districts shall be regulated as follows: (a) Allowable uses. See Table in Section 31-315 for the allowable uses within this district. (b) Accessory Structures and garage standards. See Section 31-501 for accessory structure and garage standards within this district. (c) Massing regulations. (1) Minimum standards.' Lot area 20,000 square feet Lot width 80 feet Lot depth 170 feet Front yard setback House 25 feet Garage (front facing)2 32 feet Garage (side facing) 20 feet Side yard setback; Interior House 10 feet Garage 5 feet Corner House 25 feet Garage 25 feet Rear yard setback (any building, swimming pool, or other structure) 85 feet from Ordinary High Water elevation (Supp. No. 88) Created: 2022-07-11 12:01:05 [EST] Page 4 of 25 Frontage requirement' 35 feet Maximum garage area 1,000 square feet Height Main building 2% stories, not to exceed 35 feet Accessory building (garages) 20 feet maximum and not exceed height of principal structure (2) Additional setback standards.' Trunk Highway 96 (Stonebridge Trail to Co Rd. 15) 100 feet McKusick Road (Neal Ave. to Co Rd. 15) 100 feet County Rd. 12 (Northland Ave. to Co Rd. 15) 100 feet County Rd. 15 (Trunk Highway 36 to Trunk Highway 96) 100 feet Railroad 75 feet (d) Design review. Administrative design review by the community development director is required for all permitted and specially permitted buildings or uses in the Lakeshore district. Building siting, grading, drainage, tree protection and erosion control measures must be reviewed by the community development director for each development site. 'All standards are minimum requirements unless otherwise noted. 3 Where two or more adjacent lots do not meet street frontage requirements, the driveways must be combined. ° Measured from right-of-way line. Sec. 31-304. CTR cove traditional residential district. CTR cove traditional residential districts shall be regulated as follows: (a) Allowable uses. See Table in Section 31-315 for the allowable uses within this district. (b) Accessory Structures and garage standards. See Section 31-501 for accessory structure and garage standards within this district (c) Massing regulations. (1) Minimum standards.' Lot area 14,000 square feet Lot width (at building setback line) 80 feet Lot width on cul-de-sac (at front lot line) 40 feet Front yard setback 25 feet2 (Supp. No. 88) Created: 2022-07-11 12:01:05 [EST] Page 5 of 25 Front setback for garage See footnote 2 on this page Side yard setback Interior 7.5 feet Corner 20feet Rear yard 25 feet Building height 2 stories, not to exceed 35 feet Driveway width, maximum (at front lot line) 14 feet (2) Additional setback standards.3 Trunk Highway 96 (Stonebridge Trail to Co Rd. 15) 100 feet McKusick Road (Neal Ave. to Co Rd. 15) 100 feet County Rd. 12 (Northland Ave. to Co Rd. 15) 100 feet County Rd. 15 (Trunk Highway 36 to Trunk Highway 96) 100 feet Railroad 75 feet 'All standards are minimum requirements unless otherwise noted. 3 Measured from right-of-way line. (Ord. No. 1031, § 1, 5-17-11) Sec. 31-305. RA one -family district. RA one -family districts shall be regulated as follows: (a) Allowable uses. (1) See Table in Section 31-315 for the allowable uses within this district. (2) Accessory Structures and garage standards. See Section 31-501 for accessory structure and garage standards within this district. (b) Massing regulations. (1) Minimum standards.' Lot area 10,000 square feet Lot width 75 feet Lot depth 100 feet Front yard setback 30 feet Side yard setback Interior 10 feet Corner 30feet (Supp. No. 88) Created: 2022-07-11 12:01:05 [EST] Page 6 of 25 Rear yard setback 25 feet Maximum lot coverage 30 percent Frontage requirement 25 feet on an improved public street Height Main building 2% stories, not to exceed 35 feet Accessory building 20 feet maximum and not exceed height of principal structure (2) Additional setback standards .2 Trunk Highway 96 (Stonebridge Trail to Co Rd. 15) 100 feet McKusick Road (Neal Ave. to Co Rd. 15) 100 feet County Rd. 12 (Northland Ave. to Co Rd. 15) 100 feet County Rd. 15 (Trunk Highway 36 to Trunk Highway 96) 100 feet Railroad 75 feet (3) Exceptions: Front yard. Where a uniform front yard setback exists which is less than 30 feet, any building or structure erected, structurally altered or enlarged may conform to the established setback but in no case a setback of less than 20 feet will be allowed. Where a uniform front yard setback does not exist, the minimum required setback shall be the average of the setback of the two adjacent main buildings; or if there is only one adjacent main building, the setback of the main building shall govern, but in no case shall a setback less than 20 feet be allowed or greater than 30 feet be required. Corner yard. For corner lots where the corner side yard setback or front yard setback for the main building on the adjacent lot on the same street is less than the required setbacks, the corner lot setback for the adjacent main building shall govern, but in no case shall a setback of less than 20 feet be allowed. iii. Side yard. When there is an attached garage on one side of the dwelling, the garage setback is five feet, provided that no habitable floor area is closer than ten feet from the property line and provided that the garage is a minimum of 15 feet from the nearest structure on the adjacent lot. iv. Side and rear yard. An accessory structure located entirely in the side yard at least six feet from the main building shall have a minimum side and rear yard setback of five feet. 'All standards are minimum requirements unless otherwise noted. 2 Measured from right-of-way line. Sec. 31-306. TR traditional residential district. TR Traditional residential districts shall be regulated as follows: (Supp. No. 88) Created: 2022-07-11 12:01:05 [EST] Page 7 of 25 (a) Allowable uses. (1) See Table in Section 31-315 for the allowable uses within the TR district. (2) Accessory Structures and garage standards. See Section 31-501 for accessory structure and garage standards within this district (b) Massing regulations. (1) Minimum standards.' Average lot area (when part of a PUD) 10,000 square feet Lot width 65 feet Lot depth NA Front yard setback House 20 feet Garage (front facing)2 27 feet Garage (side facing) 20 feet Side yard setback Interior House 10 feet Garage 5 feet, 3 feet if in rear yard Corner House 15 feet Garage 20 feet Rear yard setback House 25 feet Garage 3 feet Frontage requirement3 35 feet Maximum garage area 1,000 square feet Height Main building/accessory building 2Y2 stories, not to exceed 35 feet Garages, accessory building 20 feet maximum and not exceed height of principal structure (2) Additional setback standards.' Trunk Highway 96 (Stonebridge Trail to Co Rd. 15) 100 feet McKusick Road (Neal Ave. to Co Rd. 15) 100 feet County Rd. 12 (Northland Ave. to Co Rd. 15) 100 feet County Rd. 15 (Trunk Highway 36 to Trunk Highway 96) 100 feet Railroad 75 feet (c) Design review. Design review is required for accessory dwelling units or duplex developments subject to traditional development design standards. (Supp. No. 88) Created: 2022-07-11 12:01:05 [EST] Page 8 of 25 'All standards are minimum requirements unless otherwise noted. 'Where two or more adjacent lots do not meet street frontage requirements, the driveways must be combined. 'Measured from right-of-way line. Sec. 31-307. CCR cove cottage residential district. CCR cove cottage residential districts shall be regulated as follows: (a) Allowable uses. See Table in Section 31-315 for the allowable uses within this district. (b) Accessory Structures and garage standards. See Section 31-501 for accessory structure and garage standards within this district (d) Massing regulations. (1) Minimum standards.' Lot area, average 10,000 square feet Lot area, minimum 7,000 square feet Lot width, at building front 60 feet Front yard setback 20 feet Side yard Interior 7.5 feet Corner 20feet Rear yard 25 feet Minimum lot width at street 30 feet Driveway width maximum (at front property line) 14 feet Building height, maximum 2 stories, not to exceed 35 feet (2) Additional setback standards.2 Trunk Highway 96 (Stonebridge Trail to Co Rd. 15) 100 feet McKusick Road (Neal Ave. to Co Rd. 15) 100 feet County Rd. 12 (Northland Ave. to Co Rd. 15) 100 feet County Rd. 15 (Trunk Highway 36 to Trunk Highway 96) 100 feet Railroad 75 feet 'All standards are minimum requirements unless otherwise noted. (Supp. No. 88) Created: 2022-07-11 12:01:05 [EST] Page 9 of 25 ' Measured from right-of-way line. Sec. 31-308. RB two-family district. RB-two-family districts shall be regulated as follows: (a) Allowable uses. (1) See Table in Section 31-315 for the allowable uses within this district. (2) In addition to, and not in lieu of other official controls, all buildings and uses hereafter proposed for construction, whether on existing vacant parcels or parcels being vacated because of demolition or destruction of an existing structure, are subject to the standards, regulations and provisions of the Neighborhood Conservation District. (See City Code Ch. 22, Section 22-7, Subd. 5(7)—Heritage preservation commission, additional duties). (3) Accessory Structures and garage standards. See Section 31-501 for accessory structure and garage standards within this district. (b) Massing regulations. (1) Minimum standards.' Single-family Two-family Lot area 7,500 square feet 10,000 square feet Lot width 50 feetz 75 feet Lot depth 100 feet 100 feet Front yard setback Main building 20 feet 20 feet Garage Detached or attached: A minimum of 30 feet and set back at least 10 feet from the front set back line of the principal dwelling. Detached or attached: A minimum of 30 feet and set back at least 10 feet from the front set back line of the principal dwelling. Side yard setback Interior Main building The total of both side yards must equal 15 feet with at least five feet on each side. The total of both side yards must equal 15 feet with at least five feet on each side. Garage Attached: 5 feet Detached in the rear yard: 3 feet Attached: 5 feet Detached in the rear yard: 3 feet Exterior (corner side) Main building 20 feet, 5 feet on interior side 20 feet, 5 feet on interior side Garage Detached or attached: A minimum of 30 feet and set back at least 10 feet from the front set back line of the principal dwelling. Detached or attached: A minimum of 30 feet and set back at least 10 feet from the front set back line of the principal dwelling. Rear yard setback Main building 25 feet 25 feet Garage Attached: 5 feet Detached in the rear yard: 3 feet Attached: 5 feet Detached in the rear yard: 3 feet Frontage requirement 35 feet on improved public street 35 feet on improved public street Maximum lot coverage (Supp. No. 88) Created: 2022-07-11 12:01:05 [EST] Page 10 of 25 Buildings 25 percent 25 percent Impervious surfaces 25 percent 25 percent Height Main building' 35 feet maximum 35 feet maximum Accessory building' 1 story, not to exceed 20 feet 20 feet maximum and not exceed height of principal structure (2) Additional setback standards.' Trunk Highway 96 (Stonebridge Trail to Co Rd. 15) 100 feet McKusick Road (Neal Ave. to Co Rd. 15) 100 feet County Rd. 12 (Northland Ave. to Co Rd. 15) 100 feet County Rd. 15 (Trunk Highway 36 to Trunk Highway 96) 100 feet Railroad 75 feet 'All standards are minimum requirements unless otherwise noted. 2 For new corner lots created in the district, the lot width must be a minimum of 70 feet. 'Measured from right-of-way line. Sec. 31-309. CR cottage residential district. (a) Allowable uses. (1) See Table in Section 31-315 for the allowable uses within the CR district. (2) Accessory Structures and garage standards. See Section 31-501 for accessory structure and garage standards within this district. (b) Massing regulations. (1) Minimum standards.' Average lot area (when part of a PUD) 6,000 square feet Average lot area for two-family residences (when part of a PUD) 9,000 square feet Lot width 50 feet Lot depth NA Front yard setback House 15 feet Garage (front facing)2 20 feet (Supp. No. 88) Created: 2022-07-11 12:01:05 [EST] Page 11 of 25 Garage (side facing) 15 feet Side yard setback Interior House 5 feet Garage 5 feet Corner House 15 feet Garage 15 feet Rear yard setback House 25 feet Garage 3 feet Garage for two-family residence 5 feet Frontage requirement3 30 feet Driveway width at street right-of-way 12 feet, but may taper to 18 feet at back of curb Height Main building 2 stories, not to exceed 28 feet Garages 20 feet maximum and not exceed height of principal structure (2) Additional setback standards.' Trunk Highway 96 (Stonebridge Trail to Co Rd. 15) 100 feet McKusick Road (Neal Ave. to Co Rd. 15) 100 feet County Rd. 12 (Northland Ave. to Co Rd. 15) 100 feet County Rd. 15 (Trunk Highway 36 to Trunk Highway 96) 100 feet Railroad 75 feet 'All standards are minimum requirements unless otherwise noted. 3 Where two or more adjacent lots do not meet street frontage requirements, the driveways must be combined. ' Measured from the right-of-way line. Sec. 31-310. TH townhouse residential district. (a) Allowable uses. See Table in Section 31-315 for the allowable uses within the TH district. (b) Massing regulations. (1) Minimum standards.' (Supp. No. 88) Created: 2022-07-11 12:01:05 [EST] Page 12 of 25 Lot area per unit 5,000 square feet Front yard setback Residence 20 feet Garage front facing 25 feet Garage side facing 20 feet Side yard setback 25 feet Rear yard setback 25 feet Building separation 15 feet Height 2Y2 stories, not to exceed 35 feet (2) Additional setback standards .2 Trunk Highway 96 (Stonebridge Trail to Co Rd. 15) 100 feet McKusick Road (Neal Ave. to Co Rd. 15) 100 feet County Rd. 12 (Northland Ave. to Co Rd. 15) 100 feet County Rd. 15 (Trunk Highway 36 to Trunk Highway 96) 100 feet Railroad 75 feet (c) Design review. Design review is required for all permitted and specially permitted buildings or uses. 'All standards are minimum requirements unless otherwise noted. 2 Measured from the right-of-way line. Sec. 31-311. CTHR cove townhouse residential district. (a) Allowable uses. (1) See Table in Section 31-315 for the allowable uses within this district. (b) Massing regulations. (1) Minimum standards.' Lot area per unit 3,000 square feet Setbacks Boutwell Avenue 70 feet Manning Avenue 100 feet Other public streets 30 feet Building separation 40 feet Height 2Y2 stories, not to exceed 35 feet (2) Additional setback standards.' (Supp. No. 88) Created: 2022-07-11 12:01:05 [EST] Page 13 of 25 Trunk Highway 96 (Stonebridge Trail to Co Rd. 15) 100 feet McKusick Road (Neal Ave. to Co Rd. 15) 100 feet County Rd. 12 (Northland Ave. to Co Rd. 15) 100 feet County Rd. 15 (Trunk Highway 36 to Trunk Highway 96) 100 feet Railroad 75 feet (c) Design review. Administrative design review is required for all permitted and specially permitted buildings or uses. (1) Townhouse garages must front on private alleys. Only end units may front on public streets. Elevation views should include patios and porches. 'All standards are minimum requirements unless otherwise noted. 2 Measured from right-of-way line. Sec. 31-312. RCL low density multiple -family residential district. (a) Allowable uses. (1) See Table in Section 31-315 for the allowable uses within this district. (b) Massing regulations. (1) Minimum standards.' Lot area 20,000 square feet Lot area per unit 7,000 square feet Open space per unit 1,500 square feet Front setback 35 feet Side setback 50 feet Rear setback2 50 feet Principal building separation 50 feet Building Height 35 feet maximum (2) Additional setback standards.3 Trunk Highway 96 (Stonebridge Trail to Co Rd. 15) 100 feet McKusick Road (Neal Ave. to Co Rd. 15) 100 feet County Rd. 12 (Northland Ave. to Co Rd. 15) 100 feet County Rd. 15 (Trunk Highway 36 to Trunk Highway 96) 100 feet Railroad 75 feet (Supp. No. 88) Created: 2022-07-11 12:01:05 [EST] Page 14 of 25 (c) Recreation facilities. Ten percent of the gross project area shall be specifically designed, developed and maintained for recreational purposes such as: Children's play apparatus, swimming and wading pools, game areas such as tennis and horseshoe courts, picnicking and outdoor cooking facilities, etc. In addition, the city council at its discretion may require that the developer provide public park space according to the city park dedication requirements. (d) Landscaping and screening. Landscaping and screening shall be as follows: (1) All sites when fully developed shall be completely graded so as to adequately drain and dispose of all surface water, stormwater and groundwater in such a manner as to preclude large scale erosion and unwanted ponding. (2) All sites when fully developed shall be landscaped according to a plan approved by the city council. The landscaping plan shall specify the size, type and location of all trees and shrubbery and the location of all sodded areas. (3) Parking areas containing four or more spaces which are adjacent to or across the street from a residential district shall be screened to a height of at least four feet by shrubbery, wood or masonry materials. 'All standards are minimum requirements unless otherwise noted. 2 Principal and accessory structures must meet this setback standard. 3 Measured from the right-of-way line. Sec. 31-313. RCM medium density multiple -family residential district. (a) Allowable uses. (1) See Table in Section 31-315 for the allowable uses within this district. (b) Massing regulations. (1) Minimum standards.' Lot area 12,000 square feet Lot area per unit 2,800 square feet Maximum lot coverage 30 percent Maximum floor area ratio 0.75 Front setback Principal building 35 feet Accessory building 45 feet Side setback Principal building 20 feet Accessory building 10 feet Rearsetback Principal building 45 feet Accessory building 10 feet Principal building separation 35 feet (Supp. No. 88) Created: 2022-07-11 12:01:05 [EST] Page 15 of 25 Building Height 13 stories maximum Exceptions: a. One- and two-family dwellings may be allowed to conform to the RB district setback requirements. When the adjacent buildings are located with a setback less than is required above, a multiple dwelling may be permitted to be located up to the point of the lesser setback requirement. (2) Additional setback standards .2 Trunk Highway 96 (Stonebridge Trail to Co Rd. 15) 100 feet McKusick Road (Neal Ave. to Co Rd. 15) 100 feet County Rd. 12 (Northland Ave. to Co Rd. 15) 100 feet County Rd. 15 (Trunk Highway 36 to Trunk Highway 96) 100 feet Railroad 75 feet (c) Recreation facilities. There shall be 200 square feet per dwelling unit or ten percent of the gross project area, whichever is greater, specifically designed, developed and maintained by the owner for recreation purposes in the RCM district such as follows: Children's play apparatus, swimming and wading pools, game areas, such as tennis and horseshoe courts, picnicking and outdoor cooking facilities, etc. In addition, the city council at its discretion may require that the developer provide public park space according to the city park dedication requirements. (d) Landscaping and screening. Landscaping and screening shall be as follows: (1) All sites when fully developed shall be completely graded so as to adequately drain and dispose of all surface water, stormwater and groundwater in such a manner as to preclude large scale erosion and unwanted ponding. (2) All sites when fully developed shall be landscaped according to a plan approved by the city council. The landscaping plan shall specify the size, type and location of all trees and shrubbery and the location of all sodded areas. (3) Parking areas containing four or more spaces which are adjacent to or across the street from a residential district shall be screened to a height of at least four feet by shrubbery, wood or masonry materials. 'All standards are minimum requirements unless otherwise noted. 2 Measured from the right-of-way line. Sec. 31-314. RCH high density multiple -family residential district. (a) Purpose. The purpose of the RCH district is to provide density requirements for multiple -family dwellings to be built in the redevelopment area of the city. (Supp. No. 88) Created: 2022-07-11 12:01:05 [EST] Page 16 of 25 (b) Massing regulations. (1) Minimum standards.' Lot area 11,000 square feet Lot area per unit 1,500 square feet Maximum floor area ratio' one to two Building Height 40 feet maximum Yard and setback requirements. Yard and setback requirements are as follows: a. Front yard. Setback requirements shall be determined by setbacks that exist on the two adjacent properties. If the two adjacent properties do not have a common setback, then a setback of a distance equal between the two setbacks shall be required. A setback of at least ten feet shall be maintained at corner lots and where there is no adjacent structure. b. Side yard. A setback of at least 20 feet shall be maintained. A side yard setback of zero may be allowed if no openings are in the side of the structure and the structure abuts another structure with no openings. If this is the case, the sidewall must be of firewall standards required by the Uniform Building Code. Side yard setbacks on a corner lot shall conform to existing setbacks on the block, or if no setback exists, it shall be ten feet. C. Back yard. A setback of at least 20 feet shall be maintained. A rear yard setback of zero may be allowed if no openings are in the rear of the structure and the structure abuts another structure with no openings. If this is the case, the rear wall must be of firewall standards required by the Uniform Building Code. d. In cases where more than one principal building is located on the same site, the following setbacks shall be required: 1. Walls containing windows shall not be closer than 40 feet. 2. Walls that have no openings may be zero feet apart but must be of firewall standards required by the Uniform Building Code. (2) Additional setback standards.' Trunk Highway 96 (Stonebridge Trail to Co Rd. 15) 100 feet McKusick Road (Neal Ave. to Co Rd. 15) 100 feet County Rd. 12 (Northland Ave. to Co Rd. 15) 100 feet County Rd. 15 (Trunk Highway 36 to Trunk Highway 96) 100 feet Railroad 75 feet (c) Recreation facilities. Ten percent of the gross project area in the RCH district shall be specifically designed, developed and maintained for recreational purposes such as: Children's play apparatus, swimming and wading pools, game areas such as tennis and horseshoe courts, picnicking and outdoor cooking facilities, etc. In addition, the city council at its discretion may require that the developer provide public park space according to the city park dedication requirements. (d) Landscaping and screening. Landscaping and screening shall be as follows: (Supp. No. 88) Created: 2022-07-11 12:01:05 [EST] Page 17 of 25 (1) All sites when fully developed shall be completely graded so as to adequately drain and dispose of all surface water, stormwater and groundwater in such a manner as to preclude large scale erosion and unwanted ponding. (2) All sites when fully developed shall be landscaped according to a plan approved by the city council. The landscaping plan shall specify the size, type and location of all trees and shrubbery and the location of all sodded areas. (3) Parking areas containing four or more spaces which are adjacent to or across the street from a residential district shall be screened to a height of at least four feet by shrubbery, wood or masonry materials. 'All standards are minimum requirements unless otherwise noted. 2 Floor area ratio is the numerical value obtained through dividing the gross floor area of a building or buildings by the net area of the lot or parcel of land on which such building or buildings are located. 3 Measured from right-of-way line. (Supp. No. 88) Created: 2022-07-11 12:01:05 [EST] Page 18 of 25 Sec. 31-314.1. RR rural residential district. (a) Purpose. The purpose of the RR district shall be to maintain large lot neighborhood design and characteristics in areas where urban services are unavailable. (b) Allowable uses. (1) See Table in Section 31-315 for the allowable uses within this district. (c) Accessory Structures and garage standards. See Section 31-501 for accessory structure and garage standards within this district. (d) Massing regulations. (1) Minimum standards.' Lot area per dwelling One (1) acre Lot width 100 feet Lot depth 300 feet Front yard setback 40 feet Interior side yard setback 15 feet (COS) Exterior yard setback 40 feet Rear yard setback 50 feet Maximum lot coverage 25% Height of residence 35 feet Height of accessory structures 20 feet and not exceeding height of main residential structure (2) Additional setback standards .2 Trunk Highway 96 (Stonebridge Trail to Co Rd. 15) 100 feet McKusick Road (Neal Ave. to Co Rd. 15) 100 feet County Rd. 12 (Northland Ave. to Co Rd. 15) 100 feet County Rd. 15 (Trunk Highway 36 to Trunk Highway 96) 100 feet Railroad 75 feet 'All standards are minimum requirements unless otherwise noted. 2 Measured from right-of-way line. (Ord. No. 1131, § 1, 9-3-19) Editor's note(s)—Ord. No. 1131, § 1, adopted Sept. 3, 2019, set out provisions intended for use as 31-301. Inasmuch as there were already provisions so designated, at the editor's discretion, these provisions have been included as 31-314.1. (Supp. No. 88) Created: 2022-07-11 12:01:05 [EST] Page 19 of 25 (Supp. No. 88) Page 20 of 25 Created: 2022-07-11 12:01:05 [EST] Sec. 31-315. Allowable uses in residential districts. ALLOWABLE ZONING DISTRICTS USES A-P LR CTR RA TR CCR RB CR TH CTHR RCL RCM RR HMU16 Single-family P P P P P P P P P CUP P dwelling 1 Two-family P P2 CUP dwelling' Attached CUP P single-family dwelling or townhouse' Townhouse, P row house, group house' Multifamily CUP P dwelling'and condominiums Accessory CUP P CUP P dwelling (See Section 31-502) Duplex CUP accessory unit (See Section 31-503) Roominghouses CUP 1 Type I home P CUP P P SUP P P P CUP A CUP P CUP occupation (See Section 31-500) Type II home CUP CUP CUP CUP CUP CUP10 CUP CUP CUP CUP occupation (See Section 31-500) Type III home CUP CUP occupation (See Section 31-500) Accessory A A A A A A A A A A building and use (See Section 31-501) Public schools P CUP Elementary CUP P CUP school (Supp. No. 88) Created: 2022-07-11 12:01:05 [EST] Page 21 of 25 Public and CUP10 CUP9,10 private primary and secondary schools' Early childhood CUP education Parks, P P P P P P P P P P playgrounds and other open space areas Private A A recreation facility Church or other CUP10 CUP10 P CUP place of worship Cemeteries CUP10 CUP10 Hospital, CUP10 CUP10 nursing home or rest home Institutional P CUP building Bed & CUP10 P11 CUP Breakfast (Type D Short Term Home Rental) Short Term P P P P P P P P P P P P P P Home Rental; Type A and B Short Term CUP CUP CUP CUP CUP CUP CUP CUP CUP CUP CUP CUP CUP CUP Home Rental; Type C Off street A A parking & loading Agricultural P uses Agricultural P P14 produce sales Commercial P greenhouse Fish hatcheries P and aviaries Fishing lakes P and picnic groves" Forest and P wildlife (Supp. No. 88) Created: 2022-07-11 12:01:05 [EST] Page 22 of 25 reservations or similar facilities Furfarming P (raising fur bearing animals, excluding skunks and civet cats) Riding P academies or stables Essential P P P P P P P P P P P P P P services Commercial CUP uses not found objectionable by neighbors Retail business CUP CUP of a corner store nature Senior care CUP CUP13 CUP CUP10 living facilities Armory CUP10 Municipal fire CUP10 station Small Wireless Facilities Small Wireless P P P P P P P P P P P P P Facilities in the Right -of -Way Personal P15 Outdoor Storage P = Permitted use CUP = Use permitted with a Conditional Use Permit A = Accessory use Blank cell in table means that the use is NOT allowed. 'Only one principal structure is allowed on a parcel. (Supp. No. 88) Created: 2022-07-11 12:01:05 [EST] Page 23 of 25 'Two-family dwelling allowed only on corner lots. 'An attached single-family dwelling or townhouse is defined as: A single structure consisting of not less than 3 dwelling units located or capable of being located on a separate lot, and being separated from the adjoining dwelling unit by an approved wall extending from the foundation through the roof and structurally independent of the adjoining unit. ° Dwelling units for three or more families on a single parcel. 5 Detached accessory structures in the CTR district are limited to one detached garage or one accessory dwelling. Accessory dwelling is permitted only with a conditional use permit. Garage is limited to a total of three stalls and all detached accessory structures shall be regulated by the standards found in Section 31-501, Subd. 3). 6Accessory structures in the TR district are subject to the regulations found in Section 31-501, Subd. 5 7Accessory structures in the RB district are subject to the regulations found in Section 31-501, Subd. 7 ' Including accessory buildings and uses located upon property contiguous to that occupied by the main building. "SUP may only be issued by city council. 11 Must be located at least 900 feet from another bed & breakfast. "No concession or retail sales are permitted. 13Senior care living facilities in the RA zoning district shall have a minimum property size of 5 acres. "Sales of fresh, whole, raw, or processed produce grown onsite only and sold onsite at a farm stand, at farmers' markets or by delivery. 15Storage of personal operable vehicles, including any car, truck or trailer, or self-propelled or pull -behind recreational vehicles, including, but not limited to, snowmobiles, all -terrain vehicles, watercraft, golf carts, etc. so long as adequately screened by fence or landscaped from roadways and neighboring views. No outside business storage is permitted. (Supp. No. 88) Created: 2022-07-11 12:01:05 [EST] Page 24 of 25 16 Multi -family residential is an allowable use within this district, but shall not be the predominate use as determined by less than 30% of usable land area designated as multi -family use. (Ord. No. 1003, § 2, 1-20-09; Ord. No. 1030, § 2, 5-17-11; Ord. No. 1055, § 2, 12-18-12; Ord. No. 1093, § 3, 5-2-17; Ord. No. 1095, § 1, 6-6-17; Ord. No. 1121, § 1, 1-8-19; Ord. No. 1131, § 2, 9-3-19; Ord. No. 1145, § 2, 8-18-20) (Supp. No. 88) Created: 2022-07-11 12:01:05 [EST] Page 25 of 25 Sec. 31-501. Accessory structures and garages. General Provisions. (a) The following provisions apply to accessory structures and attached garages located in all residential zoning districts unless otherwise noted below: (1) Accessory structures may not exceed 20 feet and not exceed the height of the main residence. (2) Accessory structures square footage may not exceed the principal dwelling's foot print. Subd. 1. In AP districts. (a) No accessory structures may be located within the required front yard. (b) All accessory structures located within a side yard must be set back a minimum of ten feet from the side lot line in the case of an interior lot or 25 feet in the case of a corner lot. (c) All accessory structures located in the rear yard must be set back a minimum of 25 feet from the rear lot line. (d) Height of agricultural structures may not exceed a maximum of 50 feet. Subd. 2. In LR districts. (a) The maximum lot coverage of an attached garage plus all accessory structures shall be 2,000 square feet or 10% of net developable area (as defined by this chapter, i.e. wetlands, lakes, rivers, ponds, steep slopes, etc.) of the lot, whichever is less. (b) All accessory structures must meet the requirements for the bluff and shoreline set forth in Section 31- 402 (Shoreland Management overlay district). (c) No accessory structures or uses that result in the cutting of trees or clearing of vegetation are permitted. (d) Front facing garages must be setback at least six feet more than the front wall or porch line of the house. House and garage setbacks are strongly encouraged to meet special design guidelines for variety of garage types and locations (front loaded, side loaded and recessed) and front and exterior side house elevations. Subd.3. In CTR districts. (a) One attached garage and one accessory structure may be located on a residential lot, when all applicable zoning standards are met. (b) Garages and accessory structure uses may include one or more of the following: (1) Accessory dwelling unit; (2) Accessory dwelling and one enclosed structure parking space; (3) Home office; (4) Storage. (5) Recreation room (Supp. No. 88) Created: 2022-07-11 12:01:06 [EST] Page 1 of 5 (c) Garages and accessory structures must be set back at least six feet behind the front wall of the house or porch. (d) Accessory structure must not result in the loss of significant trees or require major site alteration; (e) Only one accessory structure may be located on a residential lot. (f) Maximum size of an accessory structure is: (1) 500 square feet, one story use of loft area is allowed; or (2) 720 square feet (when grade level used as only garage, i.e., no garage attached to primary structure), 20 feet maximum building height. (g) An accessory structure must abide by the following setbacks: Side yard 5 feet Rear yard 10 feet (h) Accessory structures may not have window openings facing the rear property line. (i) Accessory structures located on corner lots must have the garage doors turned away from the side street. Subd.4. In RA districts. (a) The maximum lot coverage of attached garage plus all accessory structures shall be 1,000 square feet or 10% of net developable area (as defined by this chapter, i.e. wetlands, lakes, rivers, ponds, steep slopes, etc.) of the lot, whichever is less. (b) The total ground coverage of the accessory structures shall not exceed the ground coverage of the principal building. (c) No more than two accessory structures, one of which cannot exceed 120 square feet maximum shall be located on a residential premise. (d) An accessory structure shall not be designed or used for human habitation, business or industrial accessory use. (e) Side yard setback. When there is an attached garage on one side of the dwelling, the garage setback is five feet, provided that no habitable floor area is closer than ten feet from the property line and provided that the garage is a minimum of 15 feet from the nearest structure on the adjacent lot. (f) Side and rear yard setback. An accessory structure located entirely in the side yard at least six feet from the main building shall have a minimum side and rear yard setback of five feet. Subd. 5. In TR districts. (a) The maximum lot coverage of an attached garage plus all accessory structures may not exceed 1,000 square feet or 10% of net developable area (as defined by this chapter, i.e. wetlands, lakes, rivers, ponds, steep slopes, etc.) of the lot, whichever is less. (b) One attached garage and one accessory structure may be located on a residential lot, when all applicable zoning standards are met. (c) Uses for attached garage and accessory structures may include one or more of the following: (1) Accessory dwelling unit, 500 square feet maximum; (Supp. No. 88) Created: 2022-07-11 12:01:06 [EST] Page 2 of 5 (2) Accessory dwelling and one enclosed structure parking space (720 square feet maximum); (3) Home office; (4) and/or Storage. (d) Maximum size of a accessory structure is: (1) 500 square feet, one story use of loft area is allowed; (2) or 720 square feet (when grade level used as only garage, i.e., no garage attached to primary structure), 20 feet maximum building height. (e) An accessory structure must abide by the following setbacks: Side yard, 5 feet Rear yard, 10 feet (f) Accessory structures shall not have window openings facing the rear property line. (g) Accessory structures located on corner lots shall have the garage doors turned away from the side street. (h) If there are two garages on site, a minimum of one garage shall not face the street or streets if a corner I ot. Subd.6. in CCR districts. (a) Accessory structures are not allowed. (b) Attached garages. Attached garages shall be regulated as follows: (1) On 70% of the lots, garages must be set back a minimum of 6 feet behind the front wall or the front porch of the residence. (2) On 30% of the lots, garages may extend beyond the front line of the dwelling. These garages may be side loaded. (3) Third car garages may be side entry or separated from the main garage, at an angle to the main garage, or otherwise screened by a portion of the house, porch, or facade. (4) Corner lots may have side loaded garages. (5) Garages may be no larger than three stalls. Subd. 7. In RB districts. (a) The maximum lot coverage of an attached garage plus all accessory structures may not exceed 1,000 square feet or 10% of net developable area (as defined by this chapter, i.e. wetlands, lakes, rivers, ponds, steep slopes, etc.) of the lot, whichever is less. (b) The total ground coverage of the accessory structures shall not exceed the ground coverage of the principal building. (c) No more than two accessory structures, one of which cannot exceed120 square feet maximum shall be located on a residential premise. (d) The upper level of an accessory building may include an accessory dwelling (in accordance with Sec. 31- 501 of this chapter), storage, home office or recreation room. The lower level of an accessory building shall not be designed or used for human habitation, business or industrial accessory use. (Supp. No. 88) Created: 2022-07-11 12:01:06 [EST] Page 3 of 5 Subd.8. In CR districts. (a) Accessory uses. No more than two accessory structures (one private garage attached or detached and one accessory structure 90 square feet maximum) may be located on a residential premise. The garage may be no more than two stalls wide. Subd.9. In CTHR districts. (a) Townhouse garages must front on private alleys. Only end units may front on public streets. Elevation views should include patios and porches. Subd.10. In RR districts. (a) No accessory structures may be located within the required front yard. (b) All accessory structures located within a side yard must be set back a minimum of 15 feet from the side lot line in the case of an interior lot or 40 feet in the case of a corner lot. (c) All accessory structures located in the rear yard must be set back a minimum of 25 feet from the rear lot line. Sec. 31-502. Accessory dwellings. Subd. 1. In TR districts. (a) Lot size must be at least 10,000 square feet; (b) May be located within or attached to the primary structure, or within an accessory structure (detached from the primary structure); (c) Off-street parking requirements for an accessory unit and single family residence must be provided; (d) An accessory dwelling must be located in the rear yard of the primary residence; (e) Detached accessory dwelling units shall not have roof dormers that face the nearest residential lot side yard property line; (f) Accessory structure will not result in the loss of significant trees or require major site alteration. Subd. 2. In CTR districts: (a) Lot size on which an accessory dwelling is located must be at least 14,000 square feet; (b) Accessory dwellings may be located within or attached to the primary structure, or within an accessory structure (detached from the primary structure); (c) Off-street parking requirements for an accessory unit and a single-family residence must be provided: (d) An accessory dwelling must be located in the rear yard of the primary residence; (e) Detached accessory dwelling units may not have roof dormers that face the nearest residential lot side yard property line; (Supp. No. 88) Created: 2022-07-11 12:01:06 [EST] Page 4 of 5 Subd. 3. In RB districts. (a) Lot size must be at least 10,000 square feet; (b) The accessory dwelling unit may be located on second floor above the garage; (c) The accessory dwelling unit must abide by accessory structure setbacks outlined in this code. (d) Off-street parking requirements for an apartment and single-family residence (four spaces) must be provided; (e) The application requires administrative design review for consistency with the primary unit in design, detailing and materials; (f) The height may not exceed twenty feet, and that of the primary residence; and (g) Both the primary and accessory dwelling unit must be connected to municipal sewer and water services and be located on an improved public street. (h) Maximum size of accessory structure footprint may not exceed is 1,000 square feet and is considered part of the total allowable accessory structure and attached garage square footage. Sec. 31-503. Duplex accessory dwelling units. Subd. 1. In TR districts. (a) Duplex accessory dwelling units are permitted special uses in the TR district subject to the following requirements: (1) Minimum lot size is 12,000 square feet. (2) Garages must be separated if street facing or on separate street fronts for corner lots. (3) The design of the duplex must appear as a single family house. (4) The number of duplexes is limited by the PUD for the subject property. (5) Duplexes must be located at least 200 feet apart. (6) Design review is required for consistency with traditional neighborhood design guidelines. (7) Duplexes must meet the development standards for single family structures. (8) Home offices are permitted accessory uses if located above a garage that is located in the rear yard. (Supp. No. 88) Created: 2022-07-11 12:01:06 [EST] Page 5 of 5