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HomeMy WebLinkAbout2023-08-23 CPC Agenda Packetl 1(water 216 41h Street N, Stillwater, MN 55082 �— 651-430-8800 The Birthplace of Minnesota www.stillwatermn.gov 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 4d' St N. PLANNING COMMISSION MEETING August 23rd, 2023 REGULAR MEETING 7:00 P.M. I. CALL TO ORDER II. ROLL CALL III. APPROVAL OF MINUTES 1. Possible approval of July 26, 2023 regular meeting minutes. IV. OPEN FORUM - The Open Forum is a portion of the Commission meeting to address subjects which are not a part of the meeting agenda. The Chairperson may reply at the time of the statement or may give direction to staff regarding investigation of the concerns expressed. Out of respect for others in attendance, please limit your comments to 5 minutes or less. V. CONSENT AGENDA (ROLL CALL) - All items listed under the consent agenda are considered to be routine by the Planning Commission and will be enacted by one motion. There will be no separate discussion on these items unless a commission member or citizen so requests, in which event, the items will be removed from the consent agenda and considered separately. VI. UNFINISHED BUSINESS VII. PUBLIC HEARINGS - The Chairperson opens the hearing and will ask city staff to provide background on the proposed item. The Chairperson will ask for comments from the applicant, after which the Chairperson will then ask if there is anyone else who wishes to comment. Members of the public who wish to speak will be given 5 minutes and will be requested to step forward to the podium and must state their name and address. At the conclusion of allpublic testimony the Commission will close thepublic hearing and will deliberate and act on the proposed item. 2. Case No. CD 2023-40: Conditional Use Permit for Graphic Design Sign at 212 Main Street North (Candyland), Staff Reviewer: Yasmine Robinson, 651-430-8822) — Continued from July 26, 2023 Meeting 3. Case No. CD 2023-41: Conditional Use Permit for Graphic Design Sign at 312 Main Street South (Nacho Mama's), (Tim Gladhill, 651-430-8821) — Continued from July 26, 2023 Meeting 4. Case No. CD 2023-42: Conditional Use Permit for Accessory Dwelling Unit at 205 Walnut Street East (Staff Reviewer: Ben Gutknecht, 651-430-8818) VIII. DISCUSSION IX. FYI — STAFF UPDATES 5. Case No. CD 2023 37: Conditional Use Pefmit for- Gr-aphie Design Sign a4 221 Chestmat Stfeet East (Ka-r-i's Create and Paint), (Tim Gladhill, 651 4 30 8921) Gondhuedftoni July 26,-20" Withdrawn by Applicant X. ADJOURNMENT (499ateir THE lINTNELACE OF MINNESOTA PLANNING COMMISSION MEETING MINUTES July 26, 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, North, Steinwall, Swanson Absent: Councilmember Odebrecht Staff: Planning Manager Robinson APPROVAL OF MINUTES Possible approval of minutes of May 24, 2023 regular meeting Commissioner Steinwall stated the minutes should be amended further to specifically reference two additional conditions placed on approvals. Motion by Commissioner Steinwall seconded by Commissioner Hoffman, to approve the minutes of the May 24, 2023 meeting as further revised. All in favor. Possible approval of minutes of June 28, 2023 regular meeting Motion by Commissioner Cox seconded by Commissioner Steinwall, to approve the minutes of the June 28, 2023 meeting. All in favor. OPEN FORUM There were no public comments. CONSENT AGENDA There were no items on the Consent Agenda. UNFINISHED BUSINESS There was no unfinished business. PUBLIC HEARINGS Case No. CD 2023-37: Conditional Use Permit for Graphic Design Sign at 221 Chestnut Street East (Kari's Create and Paint) - To be continued to August 23, 2023 Case No. CD 2023-40: Conditional Use Permit for Graphic Design Sign at 212 Main Street North (Candyland) - To be continued to August 23,2023 Case No. CD 2023-41: Conditional Use Permit for Graphic Design Sign at 312 Main Street South (Nacho Mamas - To be continued to August 23, 2023 Motion by Chair Dybvig, seconded by Commissioner Steinwall, to continue the public hearings to August 23 All in favor. NEW BUSINESS There was no new business. Planning Commission July 26, 2023 DISCUSSION There were no discussion topics. FYI STAFF UPDATES Ms. Robinson reminded the Commission of the annual Boards & Commissions Picnic August 9. ADJOURNMENT Motion by Commissioner Hoffman, seconded by Commissioner Cox, to adjourn the meeting at 7:04 p.m. All in favor. ATTEST: Yasmine Robinson, Planning Manager John Dybvig, Chair Page 2 of 2 1 1 Water THE BIRTHPLACE OF MINNES O T A DATE: August 23, 2023 TO: Honorable Chair and Planning Commissioners FROM: Yasmine Robinson, Planning Manager SUBJECT: CD Case No. 2023-40: Conditional Use Permit (retroactive) for a Graphic Design Sign located at 212 Main Street North (Candyland) BACKGROUND The Applicant, Candyland (Brandon Lamb), is seeking retroactive conditional use permit for a Graphic Design Sign (mural) located in the alleyway (rearfagade) of 212 Main Street North (Candyland) between Commercial Street and Mulberry Street East. • August Update — the City Council recently discussed the City's existing framework for regulations and process related to Graphic Design Signs/Murals and provided the following direction. It is noted that some of said direction requires amendments to City Code which will be completed after the 60 Day Deadline for this Application. As such, the City must process under existing process and regulations until City Code is amended. o Streamline Permitting Process (remove requirement for Conditional Use Permit o Expand Flexibility in terms of Theme and Style o Location on Building Shall be as Follows: ■ Rear = Yes ■ Side/Corner = Maybe (under certain circumstances) ■ Front = No Regulatory Context Underlying Zoning District (Planning Commission Central Business District Design Review District (Heritage Preservation Commission Downtown Design Review District National Register of Historic Places? No Stillwater Commercial Historic District? No The Applicant installed the mural absent approvals in order to deter unwanted graffiti that continued to appear on the rear portion of the building adjacent to the alley. The location of the mural is non -historic on a stucco surface, using paint as the medium, and was installed by a local artist and employee of Candyland. For purposes of comparison to other similar requests, this graphic design sign is located on a rear fagade/non- character defining portion of the building. ANALYSIS & FINDINGS 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." Section 31-509(8) describes the placement of Graphic Design Signs, saying, "Graphic Design signs may only be placed on non-contributing buildings, portions of contributing buildings where historic brick or masonry does not exist, or on portions of structures outside of a historic district where historic brick or masonry does not exist." 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. While the Stillwater Comprehensive Plan does not directly address public art, it does address a few adjacent categories including economic development and tourism. Public art is widely known as a driver of economic development and tourism, as residents and visitors alike congregate in both public and private spaces, such as the newly approved Union Art Alley, to appreciate art and enjoy a vibrant space. Areas that contain public art are perceived as well cared for and actually see a reduction in unwanted graffiti and promotes a reputation of vibrancy. As maintenance of public art could be of concern, City Nuisance Code section 38-5 (Building Maintenance) says, "Every exterior surface that has had a surface finish such as paint applied must be maintained to avoid noticeable deterioration of the finish". This would apply to any murals, and is enforceable at this time by the City Code Enforcement Technician. By enforcing this, the mural would not constitute a nuisance. RECOMMENDATION Staff finds that the Applicant's proposal is consistent with the above findings. The Heritage Preservation Commission has approved the design for the Graphic Design Sign. ALTERNATIVES 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 ACTION REQUESTED Motion to adopt the Resolution approving the Graphic Design Sign located at 212 Main Street North. City of Stillwater Washington County, Minnesota RESOLUTION CPC 2023-22 RESOLUTION GRANTING CONDITIONAL USE PERMIT APPROVAL OF A CONDITIONAL USE PERMIT FOR A GRAPHIC DESIGN SIGN AT 212 MAIN STREET NORTH (CD CASE NO. 2023-40) WHEREAS, the City of Stillwater received a conditional use permit application from Candyland (Brandon Lamb) ("Applicant"), located at the rear alley of 212 Main Street North, legally described in Exhibit A (the "Property"), regarding the installation of Graphic Design Sign ("Graphic Design Sign"); and WHEREAS, on August 23, 2023, the City 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 Sign 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. 3. The use or structure will not constitute a nuisance or be detrimental to the public welfare of the community. 4. Per the Stillwater Design Guidelines, the Graphic Design Sign does not advertise a new business or company. 5. While the Stillwater Design Guidelines suggest that the Graphic Design Sign have a historic theme, this is not a required standard. The City cannot regulate content beyond commercial speech and non-commercial speech. The City can only regulate time, place, and manner. 6. The Graphic Design Sign is not located in the Stillwater Commercial Historic District. The Graphic Design Sign is being proposed on a rear fagade on a non - character defining element of the building. 7. On August 2, 2023, the Stillwater City Council met to provide direction on design guidelines for Graphic Design Signs and provide the following interim guidance: a. The City should allow expanded flexibility in terms of theme and style but should relate to the context of the building, its use, or the historic fabric of Downtown Stillwater. b. Graphic Design Signs should be allowed on rear facades only, with limited opportunities for side facades. Graphic Design Signs should not be allowed on front facade storefronts. 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 City Planning Commission this 23rd day of August, 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 Parcel I D : 28-030-20-14-0043 Situs Address = 212 Main St N All that part of Block Eighteen (18) of the Original Town (now City) of Stillwater, described as follows: Beginning at a point in the West line of Main Street, extended 71 feet Northerly, measuring along said West line of Main Street from the North line of Commercial Avenue, and running thence Westerly on a line parallel with the North line of Commercial Avenue,84 feet; thence Northerly on a line parallel with said West line of Main Street 23 feet; thence Easterly on a line parallel with said North line of Commercial Avenue 84 feet to said West line of Main Street; thence Southerly along said West line of Main Street, 23 feet to the place of beginning. As amended by Myron Shepard's Perfected Plat of the City of Stillwater dated May 21, 1878. Torrens property Parcel I D : 28-030-20-14-0044 Situs Address = Null All that part of Block Eighteen (18) of the Original Town (now City) of Stillwater, described as follows: Beginning at a point in the West line of Main Street, Ninety-four (94) feet North, measuring along said West line of Main Street from the North line of Commercial Avenue; thence running Westerly parallel with the North line of Commercial Avenue, Eight -four (84) feet; thence Northerly parallel with said West line of Main Street to the point of intersection with a line drawn Easterly and parallel with Myrtle Street, from a point in the East line of Second Street, Three (3) feet Northerly, measuring along said East line of Second Street, from the Northwest corner of Lot Seven (7) in said Block Eighteen (18); thence Easterly parallel with said Myrtle Street to the West line of Main Street; and thence Southerly along said West line of Main Street to the place of beginning, according to the plat thereof on file and of record in the office of the County Recorder, Washington County, Minnesota. Abstract property CANDYLAND OID TYME CANDY SEORE FAMOUS SINCE 1932 SAINTPAUL/ MINNEAPOLIS/STTLLWATER From: Candvland, Inc. Brandon Lamb 212 N. Main Street Stillwater, MN 55082 (651) 430-8004 Date: June 27th, 2023 To Whom It May Concern, Thank You for your time reviewing our application in regards to mural applied on the West facing wall located in the alley way at 212 Main St. N. My apologies for not first going through the application process. The goal with this project was to cover up offensive and unwanted graffiti that was no where close to visually appealing that has been on this wall for over 2 years. Because of the location, I wasn't aware of this process, so again, sorry for nott first reaching out. The piece says "METWO". This term is the artist's signature tag or in his culture, basically his name. It's visually appealing, the piece has lots of dynamic, color & add so much to our alley way that is rarely used and clearly become a space for illegal vandalism. If you have any questions, you may reach me by email at bratidonQt CandylandStore.com or phone (651) 430-8004 Sincerely, Brandon Lamb Owner Candyland Inc. Saint Paul/Minneapolis/Stillwater bra ndon@ca n dy I and store, com r _A0 / A ► v,'iI OPP %I � ' 1 _ 1. - - w ♦ • F �• _ 1 � - - ,, `� � - , ,•� � � , - * .'�. 1 • ~ Jam. � ..� � i `ti Ilow ,M,itT �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: August 23, 2023 TO: Honorable Chair and Planning Commissioners FROM: Tim Gladhill, Community Development Director SUBJECT: CD Case No. 2023-41: Conditional Use Permit (retroactive) for a Graphic Design Sign located at 312 Main Street South (Nacho Mama's) BACKGROUND & ANALYSIS The Applicant, Nacho Mama's (Todd Neal) is seeking retroactive design approval for a Graphic Design Sign (mural) located on the (rear fagade) of 312 Main Street South. • August Update — the City Council recently discussed the City's existing framework for regulations and process related to Graphic Design Signs/Murals and provided the following direction. It is noted that some of said direction requires amendments to City Code which will be completed after the 60 Day Deadline for this Application. As such, the City must process under existing process and regulations until City Code is amended. o Streamline Permitting Process (remove requirement for Conditional Use Permit o Expand Flexibility in terms of Theme and Style o Location on Building Shall be as Follows: ■ Rear = Yes ■ Side/Corner = Maybe (under certain circumstances) ■ Front = No Regulatory Context Underlying Zoning District (Planning Central Business District Commission Design Review District (Heritage Downtown Design Review District Preservation Commission National Register of Historic Places? No Stillwater Commercial Historic District? Yes — Contributing Building Secretary of Interior Standards Apply The Applicant installed the mural absent approvals in order to update a smaller graphic design sign/mural on the rear fagade/outdoor patio. The location of the mural is non - historic block, using paint as the medium. For purposes of comparison to othersimilar requests, this graphic design sign is located on a rear fagade/non-character defining portion of the building. FINDINGS & RECOMMENDATION 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." A previous mural several years ago was approved. However, a condition of approval, removal of the business name, was never satisfied. The business has now repainted and expanded the mural to the full block wall at the rear of the building, facing the rear outdoor patio. Section 31-509(8) describes the placement of Graphic Design Signs, saying, "Graphic Design signs may only be placed on non-contributing buildings, portions of contributing buildings where historic brick or masonry does not exist, or on portions of structures outside of a historic district where historic brick or masonry does not exist." Additionally, City Code Section 31-207 (conditional use permits) requires that the Planning Commission make the following findings. • 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 • Any additional conditions necessary for the public interest have been imposed • The use or structure will not constitute a nuisance or be detrimental to the public welfare of the community While the Stillwater Comprehensive Plan does not directly address public art, it does address a few adjacent categories including economic development and tourism. Public art is widely known as a driver of economic development and tourism, as residents and visitors alike congregate in both public and private spaces, such as the newly approved Union Art Alley, to appreciate art and enjoy a vibrant space. Areas that contain public art are perceived as well cared for and actually see a reduction in unwanted graffiti and promotes a reputation of vibrancy. As maintenance of public art could be of concern, City Nuisance Code section 38-5 (Building Maintenance) says, "Every exterior surface that has had a surface finish such as paint applied must be maintained to avoid noticeable deterioration of the finish". This would apply to any murals, and is enforceable at this time by the City Code Enforcement Technician. By enforcing this, the mural would not constitute a nuisance. Staff finds that the Applicants graphic design sign program does not impact any historic brick and/or masonry, as the proposed surface is concrete block. ALTERNATIVES The Planning Commission has the following alternatives to consider: 1. Approve, with conditions described in the proposed resolution 2. Approve as amended (based on discussion) 3. Deny 4. Table for further information RECOMMENDATION Based on Council policy direction on Graphic Design Signs, Staff recommends approval of this request, with conditions found in the attached resolution. The Heritage Preservation Commission has approved the design. ACTION REQUESTED Motion to adopt the Resolution approving the Graphic Design Sign located at 312 Main Street South. Exhibit A Updated (Proposed) Mural -4 f FFF Y _nr. ZZ17,1 in.Aft i �. 40. is _*Aft ��qwft City of Stillwater Washington County, Minnesota RESOLUTION CPC 2023-22 RESOLUTION GRANTING INTERIM USE PERMIT APPROVAL IN THE DOWNTOWN DESIGN REVIEW DISTRICT FOR A GRAPHIC DESIGN SIGN AT 312 MAIN STREET SOUTH (CD CASE NO. 2023-41) WHEREAS, the City of Stillwater received a design review application from Nacho Mama's (Todd Neal) ("Applicant"), located on the rear facade of 312 Main Street South, legally described in Exhibit A (the "Property"), regarding the installation of Graphic Design Sign ("Graphic Design Sign") located in the Downtown Stillwater Design Reivew District; and WHEREAS, on August 16, 2023, the Heritage Preservation Commission for the City of Stillwater considered the request and approved the design; and WHEREAS, on August 23, the Planning Commission for the City of Stillwater considered the request. NOW, THEREFORE, BE IT RESOLVED, that the Heritage Preservation Commission of the City of Stillwater hereby approves the installation of the Graphic Design Sign located in the Downtown Stillwater Design Review District. The approval of the design is based on the following findings: FINDINGS The proposed design meets the requirements of the Stillwater Design Guidelines and the City Code. 1. 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." 2. Per City Code Section 31-509(8), the Graphic Design Sign is being placed on a contributing building to a historic district (Stillwater Commercial Historic District), but is not being placed on any historic brick or masonry. 3. 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 4. Any additional conditions necessary for the public interest have been imposed 5. The use or structure will not constitute a nuisance or be detrimental to the public welfare of the community 6. Per the Stillwater Design Guidelines, the Graphic Design Sign should not advertise a new business or company; however, the Graphic Design Sign does advertise the name of the business. 7. While the Stillwater Design Guidelines suggest that the Graphic Design Sign have a historic theme, this is not a required standard. The City cannot regulate content beyond commercial speech and non-commercial speech. The City can only regulate time, place, and manner. 8. The Graphic Design Sign is a repainting and expansion of an existing, approved Graphic Design Sign; however past approvals did require the removal of the business name. 9. On August 2, 2023, the Stillwater City Council met to provide direction on design guidelines for Graphic Design Signs and provide the following interim guidance: a. The City should allow expanded flexibility in terms of theme and style but should relate to the context of the building, its use, or the historic fabric of Downtown Stillwater. b. Graphic Design Signs should be allowed on rear facades only, with limited opportunities for side facades. Graphic Design Signs should not be allowed on front fagade storefronts. CONDITIONS OF APPROVAL 1. Any proposed Graphic Design Signs shall not be applied to any historic brick, masonry or wood surface. 2. Graphic Design Signs shall not advertise for any product, business or company. 3. Graphic Design Signs shall be maintained by the Applicant in order to ensure that they remain in good condition, absent of peeling or any other deterioration. 4. The business name must be removed from the Graphic Design Sign. Adopted by the Planning Commission this 23rd day of August, 20023. ATTEST: CITY OF STILLWATER John Dybvig, Planning Commission Chair Tim Gladhill, Community Development Director 1 1 WN:I1 31 r_1 Legal Description of the Applicant's Property Parcel ID: 2803020410060 Situs Address = 312 Main St S All that part of Lot Seven (7), in Block Twenty-nine (29) of the Original Town (now City) of Stillwater, described as follows, to -wit - Beginning at a point Fifteen (15) feet North of the Southeast comer of said Lot Seven (7) and running thence North along the West line of Main Street, Twenty-three (23) feet and Eight (8) inches, thence West One Hundred (100) feet; thence South Twenty-three (23) feet and Eight (8) inches to a point Fifteen (15) feet North of the South line of said lot and thence East One Hundred (100) feet to the place of beginning; and also; Commencing on the North line of Nelson Alley One Hundred Ten (110) feet West of the West line of Main Street; thence West on the North line of Nelson Alley Thirty-four (34) feet; thence North parallel with the West line of Main Street Fortyseven (47) feet and Four (4) inches; thence East parallel to the North line of Nelson Alley Thirty-four (34) feet; thence South parallel with the West line of Main Street Forty-seven (47) feet and Four (4) inches to the place of beginning, according to the recorded piat thereof, and situate in Washington County, Minnesota, EXCEPT All that part of Lot 7, Block 29, of the original town, now City of Stillwater, Washington County, Minnesota, described as follows to -wit: Commencing at the Southeasterly corner of saidLot 7, thence North 17 degrees 47 minutes 11 seconds West, assumed bearing, along the easterly tine thereof,62.63 feet to a Judicial Landmark and the point of beginning of the parcel being described; thence South 17 degrees 47 minutes 11 seconds East along the easterly line 23,81 feet to a Judicial Landmark; thence South 72 degrees 12 minutes 49 seconds West along a line hereinafter referred io as "Line A" 100.36 feet to a point hereinafter referred to as "Point A" and the end of "Line A" being described; thence South 17 degrees 21 minutes 33 seconds East along a line hereinafter referred to as "Line B" 23,70 feet to a Judicial Landmark and the end of "Line 8" being described; thence South 72 degrees 26 minutes 56 seconds West 11,50 feet to a Judicial Landmark; thence North 18 degrees 03 minutes 26 seconds West along a line hereinafter referred to as "Line G" 25.23 feet to a Judicial Landmark at a point hereinafter referred to as "Point B" and the end of tine C" being described; thence North 72 degrees 12 minutes 49 seconds East 1.50 feet to a Judicial Landmark; thence North 17 degrees 41 minutes 40 seconds West 20.98 feet to a Judicial Landmark -,thence continuing North 17 degrees 41 minutes 40 seconds West 1.25 feet, more or less, to the intersection with a line which bears South 72 degrees 12 minutes 49 seconds West from the point of beginning, said line being hereinafter referred to a"Line D";thence North 72 degrees 12 minutes 49 seconds East along said "Line D" 110.62 feet, more or less, to the point of beginning, Washington County, Minnesota. Abstract Property (No Abstract provided or found) �liTa�I�if��:�1Ii�lY•I1T'�IIIII:�I Situs Address = 310 Main St S All that part of Lot 7, Block 29, of the original town, now City of Stillwater, Washington County, Minnesota, described as follows to -wit: Commencing at the southeasterly comer of said Lot 7, thence North 17 degrees 47 minutes 11 seconds West, assumed bearing, along the easterly line thereof, 62.63 feet to a Judicial Landmark and the point of beginning of die parcel being described; thence South 17 degrees 47 minutes 11 seconds East along said easterly line 23.81 feet to a Judicial Landmark; thence South 72 degrees 12 minutes 49 seconds West along a line hereinafter referred to as "Line A" 100.36 feet to a point hereinafter referred to as "Point A", and the end of "Line A' being described; thence South 17 degrees 21 minutes 33 seconds East along a line hereinafter referred to as "Line B" 23.70 feet to a Judicial Landmark and the end of "Line B" being described; thence South 72 degrees 26 minutes 56 seconds West 11.50 feet to a Judicial Landmark; thence North 18 degrees 03 minutes 26 seconds West along a line hereinafter referred to as "Line C" 25.23 feet to a Judicial Landmark at a point hereinafter referred to as "Point B" and the end of "Line C" being described; thence North 72 degrees 12 minutes 49 seconds East 1.50 feet to a Judicial Landmark; thence North 17 degrees 41 minutes 40 seconds West 20.98 feet to a Judicial Landmark; thence continuing North 17 degrees 41 minutes 40 seconds West 1.25 feet, more or less, to the intersection with a line which bears South 72 degrees 12 minutes 49 seconds West from the point of beginning, said line being hereinafter referred to as "Line D", thence North 72 degrees 12 minutes 49 seconds East along said "Line D" 110.62 feet, more or less, to the point of beginning. Torrens property. . • : �1�7f��:illi�lYI1L'�[IIII:� Situs Address = Null All that part of Lot Seven (7), in Block Twenty-nine (29) of the Original Town (now City) of Stillwater, described as follows, to -wit: Beginning at a point Fifteen (15) feet North of the Southeast comer of said Lot Seven (7) and running thence North along the West line of Main Street, Twenty-three (23) feet and Eight (8) inches, thence West One Hundred (100) feet; thence South Twenty-three (23) feet and Eight (8) inches to a point Fifteen (15) feet North of the South line of said lot and thence East One Hundred (100) feet to the place of beginning; and also; Commencing on the North line of Nelson Alley One Hundred Ten (110) feet West of the West line of Main Street; thence West on the North line of Nelson Alley Thirty-four (34) 11 feet; thence North parallel with the West line of Main Street Forty-seven (47) feet and Four (4) inches; thence East parallel to the North line of Nelson Alley Thirty-four (34) feet; thence South parallel with the West line of Main Street Forty-seven (47) feet and Four (4) inches to the place of beginning, according to the recorded plat thereof, and situate in Washington County, Minnesota, EXCEPT All that part of Lot 7, Block 29, of the original town, now City of Stillwater, Washington County, Minnesota, described as follows to -wit - Commencing at the Southeasterly corner of said Lot 7, thence North 17 degrees 47 minutes 11 seconds West, assumed bearing, along the easterly tine thereof,62.63 feet to a Judicial Landmark and the point of beginning of the parcel being described; thence South 17 degrees 47 minutes 11 seconds East along the easterly line 23,81 feet to a Judicial Landmark; thence South 72 degrees 12 minutes 49 seconds West along a line hereinafter referred to as "Line A" 100.36 feet to a point hereinafter referred to as "Point A" and the end of "Line A" being described; thence South 17 degrees 21 minutes 33 seconds East along a line hereinafter referred to as "Line B" 23,70 feet to a Judicial Landmark and the end of "Line B" being described; thence South 72 degrees 26 minutes 56 seconds West 11,50 feet to a Judicial Landmark; thence North 18 degrees 03 minutes 26 seconds West along a line hereinafter referred to as "Line G" 25.23 feet to a Judicial Landmark at a point hereinafter referred to as "Point B" and the end of line C" being described; thence North 72 degrees 12 minutes 49 seconds East 1.50 feet to a Judicial Landmark; thence North 17 degrees 41 minutes 40 seconds West 20.98 feet to a Judicial Landmark; thence continuing North 17 degrees 41 minutes 40 seconds West 1.25 feet, more or less, to the intersection with a line which bears South 72 degrees 12 minutes 49 seconds West from the point of beginning, said line being hereinafter referred to a "Line D"; thence North 72 degrees 12 minutes 49 seconds East along said "Line D" 110.62 feet, more or less, to the point of beginning, Washington County, Minnesota. Abstract Property (No Abstract provided or found) 5 I- water 1 T H E 8 1 R T H P L A C E O F M I N N E S 0 I A DATE: August 23, 2023 TO: Honorable Chair and Planning Commissioners FROM: Ben Gutknecht, Assistant City Planner SUBJECT: Case No. 2023-42 -Conditional Use Permit for an Accessory Dwelling Unit located at 205 Walnut Street East BACKGROUND The Applicant, Ian Elverum is seeking a Conditional Use Permit to facilitate the construction of an Accessory Dwelling Unit located at 205 Walnut Street East. If approved the Conditional Use Permit would facilitate the removal of an existing accessory building and the construction of an accessory structure with an accessory dwelling unit on the second story. The project area is located at 205 Walnut Street East (PID #2803020440075) and is within the RB (Two -Family) zoning district. The lot is situated on the corner and has frontage off Second Street South and Walnut Street East. To the East and South are residential properties. The Lot is approximately 22,191 square feet and contains a single-family dwelling constructed in 1865 and an accessory structure constructed in 1972, built to match the house. Accessory Dwelling Units are currently permitted via Conditional Use Permit in the RB zoning district. As a reminder to the Planning Commission, the City has recently adopted amended regulations pertaining to accessory structures and accessory dwelling units. This is the first application to come before the Planning Commission to test the new regulations. ANALYSIS The proposed conditional use permit seeks to permit the construction of an 880 square foot, detached, garage located entirely in the side yard. Above the garage will be a 700 square foot accessory dwelling unit. The proposed garage and accessory dwelling unit are compliant with the recently amended zoning regulations. Specifically, the proposed garage/ADU complies with size, location, height, and design standards set forth in the amended zoning code, which can be found in the Agenda Packet. FINDINGS 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 proposed use is consistent with the comprehensive plan, relevant area 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. While not technically required by City Code, the Heritage Preservation Commission reviewed the application at their August 16th, 2023 meeting and approved the design. Staff would like to note that the proposal complies with all massing standards outlined the recently amended Accessory Dwelling Unit Performance Standards section of the Zoning Code. Further, the applicant has made serious attempts to continue to match the new accessory structure with the existing dwelling, similar to how the existing accessory structure does today. RECOMMENDATION Staff recommends that Planning Commission approve the Conditional Use Permit to allow an Accessory Dwelling Unit at 205 Walnut Street East. ACTION REQUESTED Motion to adopt the Resolution approving the Conditional Use Permit for Case No. 2023- 42. City of Stillwater Washington County, Minnesota RESOLUTION PC 2023-21 RESOLUTION GRANTING APPROVAL FOR A CONDITIONAL USE PERMIT ALLOWING AN ACCESSORY DWELLING UNIT AT 205 WALNUT STREET EAST WHEREAS, the City of Stillwater received a conditional use permit application from Ian Elverum ("Applicant"), for property located at 205 Walnut Street East, legally described as in Exhibit A (the "Property"), regarding the construction of an accessory dwelling unit in the RB (two-family) district; and WHEREAS, the on August 23, 2023, the Heritage Preservation 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 conditional use permit for an accessory dwelling unit, 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. 4. The following findings include findings made by the Heritage Preservation Commission per their approval of the Design (Resolution HPC 2023-37): a. The proposed building alteration or new construction, including its appurtenances, does not materially impair the architectural or historic integrity of the building and site, adjacent buildings and sites, or the neighborhood as a whole. b. The proposed building or site alteration or new construction is compatible with, and will ensure continued significance and integrity of all properties within the historic district based on the period(s) of significance under which the district was designated. c. Granting the design permit will be in keeping with the spirit and intent of this chapter and does not negatively alter the essential character and significance of the building, site, and its surroundings. d. The accessory dwelling unit is proposed in a location that is compatible with the main structure of the site and existing traditional garages in the surrounding area. e. The accessory dwelling unit is not attached to the front of the historic house. CONDITIONS OF APPROVAL 1. Plans must be consistent with the materials presented as part of Case No. CD 2023-42 presented to the Planning Commission. 2. All minor modifications to the plans Community Development Department. in advance by the Planning Commission "major" and "minor" is defined in the Zo shall be approved in advance by the All major modifications shall be approved . Determination of the distinction between Wing Ordinance. Adopted by the Planning Commission this 23rd day of August, 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 ID: 28-030-20-44-0075 Lots 10, 11 and 12, Block 43, of the Original Town (now City) of Stillwater, Washington County, Minnesota Subd. 2. In CTR districts: (1) Lot size on which an accessory dwelling is located must be at least 14,000 square feet; (2) Accessory dwellings may be located within or attached to the primary structure, or within an accessory structure (detached from the primary structure); (3) Off-street parking requirements for an accessory unit and a single-family residence must be provided: (4) A detached accessory dwelling must be located in the rear yard of the primary residence; (5) Detached accessory dwelling units may not have roof dormers that face the nearest residential lot side yard property line; (6) Accessory structure must not result in the loss of significant trees or require major site alteration; Subd. 3. In RB districts. (a) An accessory dwelling unit is a specially permitted use in the RB district subject to the following regulations: (1) Lot size must beat least 10,000 square feet; (2) The accessory dwelling unit may be located on second floor above the garage; (3) The accessory dwelling unit must abide by the accessory structure setbacks for side and rear setbacks; (4) Off-street parking requirements for an apartment and single-family residence (four spaces) must be provided; (5) Maximum size of the accessory dwelling unit is 800 square feet; (6) The application requires administrative design review for consistency with the primary unit in design, detailing and materials; (7) The height may not exceed that of the primary residence; and (8) Both the primary and accessory dwelling unit must be connected to municipal sewer and water services and be located on an improved public street. 29 (9) Maximum size of an accessory structure footprint may not exceed 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. SECTION 4 SUMMARY PUBLICATION. Pursuant to Minn. Stat. § 412.191, in the case of a lengthy ordinance, a summary may be published. While a copy of the entire ordinance is available without cost at the office of the City Clerk, the following summary is approved by the City Council and shall be published in lieu of publishing the entire ordinance: The ordinance defines accessory structures, amends performance standards for accessory structures, further clarifies uses allowed within accessory structures, amends performance standards for accessory dwelling units, clarifies number of accessory structures allowed in residential districts and reformats the performance standards pertaining to accessory structures and accessory dwelling units to better organize the City Code. SECTION 5 EFFECTIVE DATE. This Ordinance shall be in full force and effect from and after its passage and publication according to law. Adopted by the City Council of the City of Stillwater this 6th day of June, 2023. 30 �Z,4'T ,D L497 - — --- — • o . I /t4 l,J,acavr � 1 19- ts" 9. I 9 peg , yq Z --- —S 72 ° -�,a i/ ,//,/ a CERTIFICATE OF SURVEY PART OF BLOCK 43, ORIGINAL TOWN, NOW CITY OF STILLWATER, WASH. CO., MINN,. OVERALL PARCEL DESCRIPTION: (AS SUPPLIED) Lots 10, 11 and 12, Block 43, Original Town, now City of Stillwater, Washington County, Minnesota. SURVEY MADE FOR: Ian Elverum, 205 Walnut Street East, Stillwater, Minnesota. 55082 Notes: • Indicates iron monument found in place, as noted. o Indicates #13774 iron pipe inplace. Orientation of this bearing system is an assumed datum. "M." Indicates field measured value. "R." Indicates plat record value. Record plat is recorded as Doc. 416049, Wash. Co. records. "N B" Indicates proposed new Bituminous pavement. "E B" Indicates existing Bituminous pavement. Overall Parcel, as described, contains 22,755 square feet, or 0.522 Acres, more or less. Elevations shown are based on NAVD 88 Datum. Elevations shown as 808 or 8.0 are Existing Site tLevations: Example: 8.0 = Elevation 808.0. Boxed elevations shown are Proposed New site FLevations: Example: 8.0 = Elevation 808.0. Proposed Site Elevations are subject to the review id approval of the City of Stillwater. New Garage Plans prepared by others for specific details of the New Garage Structure and other si.te details. Details of the Possible Filtration Pond, if needed, shown hereon are approximate. Elements of this proposed Filtration Pond provide approximately 110 cubic feet of storage. Elements of this proposed pond could be utilized to provide surface water drainage around the easterly line of the new garage. Underground or overhead, public or private utilities, on or adjacent the overall parcel, were not located in conjunction with this survey. Locate all utilities in the construction area prior to any construction. If needed, install silt fencing in construction area. STRUCTURES EXISTING IMPERVIOUS AREAS: Existing house 1491 sq. ft. Existing Shed 101 sq. ft. Existing Garage 360 sq. ft. Existing Structures Total 1952 sq. ft. or 8.58% of parcel area. OTHER EXISTING IMPERVIOUS AREAS: N'ly Walk and Steps 2' wide existing walk Paver Patio Fire Pit Existing Bit. Pavt. Existing Gravel Parking 425 sq. ft. 93 sq. ft. 384 sq. ft. 252 sq. ft. 1155 sq. ft. 242 sq. ft. Total Other Exist 2551 sq. ft. or 11.21^s of parcel area Total Existing..Area_ 1952 sq. ft. 2551 sq. ft. Overall Existing = 4503 sq. ft. or 19.79%of parcel area STRUCTURES PROPOSED IMPERVIOUS AREAS: Existing House Existing Shed New Garage New Structure Total Note: Lower new Gar, 1491 sq. ft. 101 sq. ft. 880 sq. ft. 2472 sq. ft. or =0.91% Of parcel area. Eave contains 53 sq. ft. PROPOSED OTHER IMPERVIOUS AREAS: N'ly Walk, Steps. & 2' Walk 518 s ft. New Garage Walk 23 sq. ft, Paver Patio 384 sq, ft= Fire Pit 252 sq. ft. New Bit. Driveway 1337 sq. ft. New Bit. Parking 264 sq. ft. Add'l. 2' walk 15 sq. ft. Stairs to upper new Garage 54 sq. ft. New Walk: (pk. lot to drive) 48 sq. ft. Total Proposed Other 2895 sq. ft. or 12.78% of parcel area. Total Proposed Area: 2472 sq. ft. 2895 sq. ft. Overall Proposed = 5367 sq. ft. or 23.69% of parcel area July 10, 2023 - Revision Note: Revised New Garage size to 880 sq. ft. Revised New Stairs to 2nd floor of -new Garage location and Sq. Footage. Revised New Garage cone. walk location and Sq. footage. Revised map graphics to show the above revisions. Survey Prepared By: Stack Land Surveying 9090 North Fairy Falls Road Stillwater, MN 55082 tel. (651) 439-5630 I Hereby Certify that this survey, plan or report, was prepared by me or under my direct supervision and that I am a duly Licensed Land Surveyor under the Laws of the State of Minnesota Date: ,-Z` -Z3 Minn. Lic. No, 13774 Z0T a Detached Multi -Purpose Garage July 20, 2023 REVISIONS MM/DD/YY REMARKS 21 Detached Multi -Purpose Garage 4 5--/--/-- .. REVISIONS MM/DD/YY REMARKS 21 Detached Multi -Purpose Garage 4 5--/--/-- .. REVISIONS MM/DD/YY REMARKS 21 Detached Multi -Purpose Garage 4 5--/--/-- .. REVISIONS MM/DD/YY REMARKS 21 Detached Multi -Purpose Garage 4 5--/--/-- ..