HomeMy WebLinkAbout2024-115 (Adopting Findings of Fact to Overturn the Denial of a Variance Request to Exceed the Maximum Allowable Impervious Surface of 25% at 3393 Pioneer Pl (Case Number CD2024-032)City of Stillwater
Washington County, Minnesota
RESOLUTION 2024-115
RESOLUTION ADOPTING FINDINGS OF FACT TO OVERTURN THE DENIAL
OF A VARIANCE REQUEST TO EXCEED THE MAXIMUM ALLOWABLE
IMPERVIOUS SURFACE OF 25% AT 3393 PIONEER PL (CASE NUMBER
CD2024-032)
WHEREAS, the City of Stillwater received a Variance request from Phil Gropel
("Property Owner") of 3393 Pioneer PI, legally described on Exhibit A ("the Property"), to
allow for the construction of a 1,034 square foot pool, deck, and equipment, exceeding
the maximum impervious surface for structures by 16.7%;
WHEREAS, the maximum allowable impervious surface in the Lake Shoreland
Management district is 25%; and
WHEREAS, the existing site conditions are nonconforming with 34% impervious
surface coverage; and
WHEREAS, the request is specific to the construction of a pool on residential
property in the Shoreland Overlay District, which is within the boundaries of a Planned
Unit Development; and
WHEREAS, the owner has provided a detailed mitigation plan for Engineering
Staff review, comment, and approval; and
WHEREAS, the Planning Commission considered the Variance at its July 24,
2024 meeting, held a public hearing and took testimony from the public and denied the
variance request; and
WHEREAS, the Applicant appealed the Planning Commission's decision and the
City Council reviewed decision on September 7, 2024 and on September 17, 2024, took
into account the proposed mitigation plan, Staff's analysis of the mitigation plan and
after hearing all of the information presented, moved to overturn the Planning
Commission's denial.
NOW THEREFORE BE IT RESOLVED that the City Council of the City of
Stillwater hereby adopts the following written findings for overturning the denial of the
variance and adds the following reasonable conditions:
FINDINGS
1. The applicant has provided a plan to mitigate the impervious surface that is
consistent with existing site conditions.
2. The variance request is specifically related to the construction of a pool on
residential property within the Shoreland Overlay District, for which an
approved Planned Unit.
CONDITIONS OF APPROVAL
1. The variance approval is specifically for the construction of a pool pursuant to
building plans approved by the City.
2. Prior to issuance of a building permit, a mitigation plan to mitigate impervious
surface to maintain existing site conditions at 34% must be reviewed and
approved by Engineer Department.
3. Prior to issuance of building permit, the Property owner must enter into a
Stormwater Maintenance Agreement that binds the property owner and future
owners to comply with stormwater agreement for the life of the pool.
4. A new variance request is required if the impervious surface on any part of the
property is increased.
Adopted by the City Council this 1st day of October, 2024.
ATTEST:
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Beth Wolf, City
CITY OF STILLWATER
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1
Ted Kozlowski, Mayor
2
EXHIBIT A
Legal Description of the Applicant's Property
Address: 3393 Pioneer PI
PID:3003020340014
Abstract Property
Lot 5, Block 4, Liberty on the Lake, Washington County, Minnesota