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HomeMy WebLinkAboutResolution PC2022-07 signedCity of Stillwater Washington County, Minnesota RESOLUTION PC2022-07 VARIANCE REQUEST TO CONSTRUCT AN ACCESSORY DWELLING UNIT WITH A REDUCED REAR YARD SETBACK AT 919 5T" AVENUE SOUTH WHEREAS, the City of Stillwater received a Variance application from Noel Molloy ("Property Owner/Applicant") property located at 919 5th Ave S, legally described on Exhibit A ("the Property") regarding the reconstruction of a detached garage with a 750 square foot second story accessory dwelling unit at a reduced rear yard setback in the RB Two -Family Zoning District; and WHEREAS, the requested variance is for the construction of an accessory dwelling unit at a reduced rear yard setback distance of 15-feet in the RB Two -Family district instead of the required 25-foot rear yard setback; and WHEREAS, the on October 26, 2022, the Planning Commission for the City of Stillwater considered the conditional use permit and variance and held a public hearing and took testimony from the public. NOW, THEREFORE, BE IT RESOLVED, that the City Planning Commission of the City of Stillwater hereby the variance request for construction of the accessory dwelling unit at a rear yard setback of 15-feet. Approval of the variance is subject to the following conditions: 1. Plans shall be substantially similar to those found on file with CD Case No. 2022- 64. 2. The accessory structure may not be used for business or commercial use. 3. Prior to work commencement, required building permits shall be obtained for all interior and exterior work requiring a building permit including, but not limited to, windows, siding and trim, and interior work for the conversion of the barn to an accessory structure and/or an ADU. 4. The applicant shall provide the Community Development department with updated architectural plans showing more information regarding colors and materials and also updated to reflect more design interest and creating a balanced four-sided design. 5. The exterior of all structures shall be detailed, sided and painted to match one another. 6. Long-term unsheltered storage and clutter on the property is not permitted. Accessory structures on the property must accommodate the property's storage needs. 7. The applicant shall comply with any recommendations of the Middle St. Croix Water Management Organization. 8. The applicant shall be required to pay municipal water and sewer connection charges for the new unit at the time of building permitting. Prior to the issuance of a Certificate of Occupancy, the ADU shall be connected to municipal sewer and water. 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. Adopted by the City Planning Commission this 26th day of October, 2022. CITY 75 STILLWATER J0h4 Dybvig, Planning Commission Chair AT EST: Tim YGladhill, Community Development Director EXHIBIT A Legal Description of the Applicant's Property The North one-half and the North 15 feet of the South one-half of Lot 8 and all of Lots 9 and 10. Block 17, Hersey, Staples & Co.'s Addition to Stillwater, Washington County, Minnesota. 3