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HomeMy WebLinkAbout1999-350 RESOLUTION 99 - 350 APPROVING SPECIAL USE PERMIT FOR USE OF LOWER LEVEL 219 NORTH MAIN STREET CASE NO. SUP/99-47 WHEREAS, a request has been submitted by Tim Stefan, Mainstream Development Partnership, for a special use permit to reconstruct and use a basement area under parcel 5 for an office/studio and storage area. The floor elevation of the basement is below flood level. NOW THEREFORE, BE IT RESOLVED, by the City Council of the City of Stillwater, that the above special use permit is hereby approved based upon the attached Findings of Fact that are hereby adopted and made a part of this resolution as "Exhibit A". Adopted by the City Council of Stillwater this ih day of December, 1999. c?:K~MaYor Attest: STATE OF MINNESOTA CITY OF STILLWATER COUNTY OF WASHINGTON BEFORE THE CITY COUNCIL In Re: The application of Mainstream Development FINDINGS OF FACT Case No. SUP/99-47 The City Council convened the hearing on the application of the Mainstream Development Company for a Special Use Permit for construction ~ithin the flood fringe according to the provisions of the Stillwater Flood Plain Ordinance. The property is located at 219 North Main Street in a building formerly known as the Maple Island Dairy Building that has been redeveloped and therefore, considered as a new structure. It is therefore required that the reconstruction meets the terms of the City Code for flood protection. At the hearing, the City Council considered the report ofMr. Allen Zepper, the City Building Official, the owners of the property in question, Tim Stefan, architect for the owners, Ms. Molly Shodeen, Area Hydrologist, Metro Region Division of Waters, Minnesota Department of Natural Resources, other interested citizens and city staff. NOW THEREFORE, based upon the reports of the various officials that have been made a part of Case File SUP/99-47, upon the testimony of all those who offered testimony, including those persons above enumerated, and upon all the files, records and proceedings herein, the City Council of the City of Stillwater makes the following: FINDINGS OF FACT I. That the subject parcel is located within the Flood Plain, however, it is located within the Flood Fringe area of the I DO-year Flood Plain at an elevation ofless than 693.5 feet. 2. That the Special Use Permit will not bring about an increased danger to life or property due to increased flood heights of velocities caused by the improvements. 3. That no increased flooding would incur if the permit is granted, nor would the permit result in an increased flood height or any additional threat to the public safety, nor would the permit result in extraordinary public expense being created, nor would the permit cause a nuisance or cause fraud or victimization of the public. 4. That the permit would not create a danger that materials would be swept away on to downstream areas to the injury of others, or block bridges, culverts or other hydraulic structures. 5. That the municipal water supply and sanitary sewer system will protect other areas of the City from contamination and unsanitary conditions in the event of flooding. 6. That no other alternative location is available that is not subject to flooding for the proposed use. 7. That the use is compatible with existing development and development that is anticipated in the foreseeable future. 8. That use of this facility is important to the community and consistent with the comprehensive plan. 9. That access to the space is available to emergency vehicles. 10. That the proposed use will not increase the susceptibility of the building or its contents to flood damage or to the owners to an increased risk of damage. II. That the owners may reconstruct a basement in parcel 5 of the Maple Island Building at its present location on North Main Street, floodproofing the basement to the FP-l or FP-2 Classification of the State Building Code which allows for making watertight the space below the regulatory flood protection elevation with walls substantially impermeable to the passage of water and housing all elements so as to resist hydrostatic pressure and hydrodynamic loads. 12. That a Special Use Permit be permitted according to the City Code which embodies requirements for more restrictive floodproofing in this district. 13. That as a further condition of this permit, the applicant must provide the City of Stillwater with a certified engineering report specifying the construction of the basement so as to maintain a safe level of hydrostatic pressure on all basement walls during a flooding event. This report shall be attached to the "Owner's Contingency Plan" and must also specify how ground water levels will be monitored. 14. The owner and any subsequent building tenant in the structure must maintain an inventory of all contents stored (temporarily and permanently), in the basement area and the inventory must specify the floodproofing class of all contents, as stated in the State Building Code "Floodproofing Regulations". The inventory must note those contents which would be removed from the basement upon issuance of a flood warning. 15. That the owner or any subsequent building tenant must review the "Owner's Contingency Plan" annually between January 1st and March 15th to maintain working knowledge of the plan's contents. 16. That the applicant's final plans and specifications be certified by a registered professional architect or engineer as being in conformance with the floodproofing requirements of the State Building Code. 17. That a copy of these Findings be directed to the Minnesota Department of Natural Resources, c/o Ms. Molly Shodeen, Area Hydrologist, Metro Region Division of Waters. Adopted by unanimous vote of the City Council this 7th day of December, 1999. CITY OF STILLWATER J~#' ATTEST: trimLw~ Mor Weldon, City Clerk EXHIBIT "A" All that part of Block 18 of the Original Town, now City of Stillwater, according to the recorded plat thereof, as the same is on file and of record as Document Number 416049 in the office of the County Recorder of Washington County, Minnesota, described as follows, to wit: Commencing at the point of intersection of an easterly proj ection of the northerly line of Commercial Avenue, as the same is described in Book "V" of Deeds, Page 384, in said office of the County Recorder, with the easterly line of Main Street, as shown on said recorded plat of the Original Town, now City of Stillwater; thence North 17 degrees 46 minutes 50 seconds West, assumed bearing, along said easterly line of Main Street, 50.00 feet to a point hereinafter referred to as "Point A"; thence North 72 degrees 29 minutes 37 seconds East, parallel with said described northerly line of Commercial Avenue, and along a line hereinafter referred to as "Line A", a distance of 119.99 feet, more or less, to a point in 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, in said office of the County Recorder, said point being the point of beginning of the parcel being described; thence South 72 degrees 29 minutes 37 seconds West, along said "Line A", a distance of 119.99 feet, more or less, to the before described "Point A"; thence North 17 degrees 46 minutes 50 seconds West, along said easterly line of Main Street, a distance of 25.74 feet, more or less, to a point 341.58 feet southerly, as measured along said easterly line of Main Street, from its point of intersection with the southerly line of Mulberry Street, as shown on said recorded plat of the Original Town, now City of Stillwater; thence North 72 degrees 26 minutes IS seconds East 119.99 feet, more or less, to said to said westerly line of Water Street; thence South 17 degrees 46 minutes 56 seconds East, along said westerly line, 25.85 feet, more or less, to the point of beginning. Parcel contains 3094 square feet, more or less. Subject to and together with any other valid easements, reservations or restrictions.