HomeMy WebLinkAbout2008-07-14 PC Packet
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THE BIRTHPLACE OF MINNESOTA ~
CITY OF STILLWATER
PLANNING COMMISSION
NOTICE OF MEETING
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MONDAY, JULY 14, 2008
The City of Stillwater Planning Commission will meet on Monday, July 14, 2008, at 7 p.m. in the Council
Chambers of Stillwater City Hall, 216 North Fourth Street. City of Stillwater Planning Commission regular
meetings are held at 7 p.m on the second Monday of each month. All City Planning Commission meetings are
open to the public.
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AGENDA
1. CALL TO ORDER
2. APPROVAL OF June 9, 2008 MINUTES
3. PUBLIC HEARINGS. Public Hearings are held during the Planning Commission's regular meetings. The
Chairperson opens the hearing and will ask City Staff to provide background on the proposed item. After
the staff presentation, the Chairperson will then ask for comments from the applicant on the proposed
item. The Chairperson will then ask if there is anyone present who wishes to speak for or against the
proposed item. The Chairperson may require a time limit on the number of minutes each member of the
public may speakl normally five minutes. Members of the public who wish to speak 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 take action on the proposed
item.
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3.01 Case No. 08-21. A variance request on a non-conforming lot for the side yard setbacks to
construct an addition with a wrap around porch located at 356 Ramsey St W in the RB, Two Family
Residential District. Bjorn Nelson, Custom Carpentry Remodeling and Construction, applicant.
Continued from the June 9, 2008 meeting
3.02 Case No. 08-30. A street vacation request for a 150 foot portion of Aspen Street between 1001
N 4th Street and 920 N 3rd St in the RB, Two Family Residential District. Scott Junker, representing
David and Bev Junker, applicant.
3.03 Case No. 08-31. A variance request to the sign regulations for the building located at 14430 60th
Street North, Edina Realty, in the BP-C1 Business Park Commercial District. Schad Tracy Signs,
applicant.
3.04 Case No. 08-32. A variance the accessory structure regulations for the construction of a 14' x 14'
shed located at 1005 2nd Street North in the RB, Two Family Residential District. Terence and Julie
Danley, applicants.
3.05 Case No. 08-33. A special use permit to develop five apartment units and a variance to the
parking regulations located 124 South Main Street in the CBD, Central Business District. Mark S.
Balay Architects, applicant.
3.06 Case No. 08-34. A Zoning Text Amendment to allow "amusement and recreation establishments
by special use permit in the BP-O, Business Park Office District" and a special use permit for a skate
board center located at 1901 Curve Crest Blvd, Suite 101. Paul Weiler, Youth Service Bureau, Inc.,
applicant.
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4. OTHER BUSINESS
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CITY HALL: 216 NORTH FOURTH STREET · STILLWATER, MINNESOTA 55082
PHONE: 651-430-8800 . WEBSITE: www.ci.stillwater.mn.us
City of Stillwater
Planning Commission
June 9, 2008
Present: Dave Middleton, Chair Suzanne Block, Wally Milbrandt, David Peroceschi, and Charles
Wolden
Staff present: Community Development Director Turnblad and Planner Pogge
Absent: Mike Dahlquist (arrived for the Lakeview discussion), Erica Fultz, Dan Kalmon, and
Taylor Luke
Chair Middleton called the meeting to order at 7:05 p.m.
Approval of minutes: Mr. Peroceschi, seconded by Mr. Milbrandt, moved to approve the minutes
of May 12, 2008; motion passed unanimously.
Case No. 08-18 A variance request on a non-conforming lot for side yard setback and
impervious surface regulations to construct an addition to a single-family residence at 716
Greeley St. in the RA, Single Family Residential District. Mary Mazzarese, applicant. Continued
from the May 12, 2008, meeting. This case was removed from the agenda.
Case No. 18-21 A variance request on a non-conforming lot for side yard setbacks to construct
an addition with a wrap-around porch at 356 Ramsey St. W. in the RB, Two Family Residential
District. Bjorn Nelson, Custom Carpentry Remodeling and Construction, applicant. Continued
from the May 12,2008, meeting.
Mr. Pogge noted that at the last meeting, staff was asked to determine the exact location of the
utilities within Ramsey Street; staff did that and does not believe the placement of the proposed
porch would create a problem due to utilities maintenance. Mr. Pogge also noted that staff was
asked to work with the builder to address erosion control measures on the north side of the
property. He stated the City Engineer has been unable to schedule a meeting with the builder
and his engineer to resolve those issues, and staff recommends tabling this case until that
discussion takes place. Mr. Pogge noted the 60-day deadline for taking action expires in mid-
June but the City does have the authority to extend that deadline for 60 days.
Mr. Milbrandt moved to table Case No. 08-21 until the July meeting. Mr. Wolden seconded the
motion; motion passed unanimously.
Case No. 08-24 A variance request on a non-conforming lot for side yard setback for
construction of an addition at 1215 First St. S. in the RB, Two Family Residential District.
Donald Michels, applicant.
John Michels was present. Mr. Pogge reviewed the request, staff findings, and recommendation
for approval as conditioned. John Michels explained their requested addition and said he
thought it would be a good addition to the neighborhood. Ms. Block asked if there were plans to
add a deck; Mr. Michels said they would likely add a deck or patio at some point in the future.
Mr. Peroceschi asked if the addition would be similar to the existing structure, such as utilizing
the same type of siding. Mr. Michels said they likely would be replacing all of the siding on the
house, rather than matching what is on there now, replacing it with something more traditional
than the existing vinyl siding.
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City of Stillwater
Planning Commission
June 9, 2008
Mr. Middleton opened the public hearing. No comments were received, and the hearing was
closed. Mr. Wolden moved approval as conditioned. Ms. Block seconded the motion; motion
passed unanimously. Mr. Michels commended city staff for their assistance.
Case No. 08-25 A variance request to the sign regulations for a second sign at 1987 Industrial
Blvd. in the BP-I, Business Park Industrial District. Jim Schulte, Modernistic, applicant.
Mr. Schulte was present. Mr. Pogge reviewed the request and staff findings. It was noted that
this request is different from other requests for a second sign due to the physical characteristics
of the property, visibility from two street frontages and the fact that the two signs are not visible
simultaneously. Mr. Wolden asked whether it might be possible to change the ordinance based
on Mr. Pogge's comments rather than grant a variance. Mr. Pogge said the Commission might
want to consider some changes to the ordinance, such as allowing two signs where a business
has two street frontages, but that would not help in this case. Mr. Milbrandt asked about the
location of the requested sign; Mr. Schulte explained it would designate the visitor entrance.
Mr. Middleton opened the public hearing. No comments were received, and the hearing was
closed. Mr. Milbrandt moved approval as conditioned. Mr. Peroceschi seconded the motion;
motion passed unanimously.
Case No. 08-26 A variance to the sign regulations for a commercial building at 901 S. Third St.
in the RB, Two Family Residential District. Mark Weyer, applicant.
Mr. Weyer was present. Mr. Pogge reviewed the request and staff findings. It was noted that
this property has historically been commercial in nature, and if the property was zoned NC,
Neighborhood Commercial, one sign of the size requested would be allowed. Mr. Pogge stated
staff is recommending approval of the variance with the condition that only one wall sign is
permitted. Mr. Milbrandt asked about review by the HPC; Mr. Pogge explained that this property
is outside of the HPC's design review district but a condition could be added requiring the
design review. Ms. Block agreed with the need for design review considering the location in a
residential neighborhood. Mr. Peroceschi asked about the existing window signage, whether
that would have to be removed if the wall sign is approved; Mr. Pogge explained that window
signage is permitted as long as it takes up less than one-third of the window space. Mr.
Peroceschi said it appears the window signage occupies more than one-third of the space. Mr.
Milbrandt suggested it might be appropriate to ask the HPC to make a recommendation
regarding signage appropriate to the neighborhood. Mr. Weyer spoke of the commercial use of
the building historically, and said he wasn't aware of any similar building that doesn't have
signage. Mr. Weyer said he had spoken with most of the neighbors and said the neighbors
support the request; he said neighbors have indicated the building has something of a vacant
look and the signage would be an improvement. Mr. Weyer noted he had worked with the HPC
when he first occupied the building several years ago, and it was the HPC's recommendation to
have a hall through the middle which cut off three office tenants from window space and
prompted this request for additional signage. In response to a concern expressed by Mr.
Milbrandt about the proposed color of the signage (white), Mr. Weyer said he would be willing to
change that.
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City of Stillwater
Planning Commission
June 9, 2008
Mr. Middleton opened the public hearing. Ellie Samuelson, 904 S. Third St., said she didn't quite
understand the request for the sign on the Third Street elevation; she said she just wanted it
"quiet" due to the residential location. Mr. Pogge explained the proposed signage. Ms.
Samuelson said she was glad the signage would not be illuminated.
No other comments were received, and the hearing was closed. Mr. Milbrandt said he would be
OK with one sign, not two, and would like to have the HPC review the signage and make a
recommendation regarding design that would be more appropriate to the residential
neighborhood than what is proposed. Mr. Pogge suggested that the Commission could approve
the variance with an additional condition requiring HPC review. Mr. Milbrandt moved to approve
the variance request for one wall sign only, with the condition that the HPC review and approve
the sign design, the sign not be illuminated, and that no additional signage is allowed. Mr.
Wolden seconded the motion; motion passed unanimously.
OTHER BUSINESS
Case No. 08-28 Discussion of long range campus master plan for Lakeview Hospital
Community Development Director Turnblad stated the Lakeview Hospital Board has been
looking at options for future growth and has decided to stay at the current location, even though
the site is limited and will present challenges for providing facilities for the next 30 years. He
said the Hospital is putting forth a master plan concept for discussion at this time to solicit
Commission comments and thought on potential issues to be addressed before the final
application is made. Mr. Turnblad noted his report and comments were included in the agenda
packet.
Pete Smith, BWBR Architects, explained their involvement in the process and their belief that it
is possible to regenerate the hospital on the current site, alleviating the requirement to relocate
the hospital at some point in the future. He said the long-range plan has been broken into four
primary phases. Shannon Banberry, BWBR Architects, reviewed graphics and provided
commentary on the existing building and depicting the four expansion phases; he noted that
beyond phase two, the program is not defined and some of that will be determined in the
coming years. Ms. Block asked about parking. Mr. Banberry noted that in phase one, about 50
parking stall would be eliminated, and parking is an issue that will be looked at and analyzed as
the plan moves forward; he said he did not think there would be any impact to the parking
requirements in either phase one or phase two. Mr. Smith noted that a likely phase five will be
the removal of the existing hospital building and site reorganization that would likely involve
additional parking, perhaps another parking structure.
Mr. Middleton noted that plans call for the addition of about 300,000 square feet to the base of
the hospital, while120 parking spots will be lost and suggested that long-term, parking will be a
key component and a fairly big issue. Mr. Milbrandt said in determining parking requirements he
would be looking at program traffic generation versus number of beds and employees. Ms.
Block asked about the design strategy in terms of massing and height in relation to the site; Mr.
Smith explained that is due to efficiencies gained by the stacking of beds. Mr. Milbrandt asked if
there is any other medical facility that has 460,000 square feet on seven or eight acres and
asked at what point in the process neighborhood meetings would be held. Mr. Smith responded
in the affirmative to Mr. Milbrandt's first question and said the intent is to schedule a
neighborhood meeting sometime before the formal submittal of plans, tentatively scheduled for
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City of Stillwater
Planning Commission
June 9, 2008
July 18. Mr. Dahlquist asked if thought had been given to ways to mitigate the impact of the
plans on Everett Street. Mr. Smith said he assumed this would be similar to previous
expansions of the hospital with attention given to berming and landscaping to minimize the
visual impact. On a question by Mr. Dahlquist, Mr. Smith said currently there are no plans of
expanding beyond the current footprint of the hospital property other than the possible
acquisition of two homes on Churchill Street. Mr. Milbrandt asked whether BWBR had been
asked whether the hospital could be "regenerated" on site without the need for variances. Mr.
Smith responded that everything is a "special use" and said they had looked at the height issue
and found that it would not be possible to do without going to three and four stories, exceeding
the allowable height.
Jeff Robertson, Lakeview Hospital, said the challenge is to find the maximum, based on some
certain predetermined limitations, on what can be done with the current site. The dilemma, he
said, is that the hospital has about $150 million invested in the site and this is the preferred site,
but over the next 5 years, phase one will need to be constructed at an estimated cost of $50
million. Lakeview does not want to invest that $50 million if it becomes clear that phase two will
not be possible, he said, noting that phase two expansion will be required within the next 12
years. Phases three and four are guesswork more than anything else at this point, he said. The
thought was to work with the neighborhood and work with the City to get a special use permit so
as to know this will be available to the hospital as the hospital plans its future long-term. Mr.
Milbrandt noted that if the final plans are submitted to the Council on July 18, the City has 120
days to approve or reject the application, unless the applicant extends the timeline, and asked if
there is some urgency in submitting the plans for approval at this time. Mr. Robertson stated in
the "ideal world," phase one construction would start next spring so there is some urgency.
Ms. Block said when plans are formally submitted, she would want to see views from Everett
Street to get some idea of the massing of the structures. Mr. Smith said that will be available.
Mr. Turnblad pointed out that circulation patterns in some of the graphics aren't quite right and
that is likely to be a "hot-button" issue with residents of Everett Street; he said it would be
important that plans show how traffic will circulate in and around the site. Ms. Block said she
was an advocate for keeping the hospital in the City of Stillwater and said she appreciates the
reuse idea.
Comprehensive Plan update - Community Development Director Turnblad reviewed the
recommendations and issues related to land use designations in the draft Comprehensive Plan.
One of those issues is meeting the Met Council's goal for the number of households. In
reviewing vacant or undeveloped sites, he said it has been determined the City can reach 1,414
potential new dwelling units up to the year 2030; Met Council is looking at about 1,500 units, he
noted. He said the 1,414 does not include any infill or redevelopment units so it is felt the City
will be able to meet Met Council's forecasts. Ms. Block asked about the site at Manning and
Highway 96, inquiring as to how many homes are expected to go on that site; she said she
hoped that site is not being relied on too heavily in meeting the growth projections as she said
she thought it unrealistic to expect that site will ever be developed for housing. Mr. Turnblad
said that essentially all the parcels in the orderly annexation area are zoned residential, with the
exception of the parcel on the north side of the County Road 12/Manning Avenue intersection
where the recommendation is that the parcel be zoned village commercial; he noted that
recommendation was based on a market analysis that showed at build-out, the area could
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City of Stillwater
Planning Commission
June 9, 2008
support that use. Mr. Turnblad noted that guiding the parcel for village commercial would have
to go through the Joint Board process.
Another issue is that of non-conforming uses, Mr. Turnblad stated. He reviewed the three
options for dealing with these properties and stated the Comprehensive Plan steering
committee recommended that all the properties remains as they currently are, except for the
cluster of businesses at Owens and Myrtle where the recommendation is to go to some type of
conditional use permit system that would allow the businesses to grow and even expand. The
City Council prefers keeping all of the sites as they currently are, so the land use would revert to
residential if the use is discontinued; that preference is what will be reflected in the
Comprehensive Plan. Mr. Dahlquist asked why the businesses in the area of Owens and Myrtle
are treated differently than the businesses in the area of Churchill and Fourth Street. Mr.
Turnblad responded that the Churchill and Fourth Street area is zoned for neighborhood
commercial whereas the properties at Owens and Myrtle are zoned residential,
Another issue that received a lot of discussion, he said related to the future land use category of
schools and churches. Currently, churches and schools are zoned residential and it was the
recommendation of the steering committee and Council to continue with that zoning and allow
the use by special use permit so as to protect the residential area in the event a use is
discontinued. The recommendations/decisions related to these three issues are reflected in the
draft proposed land use map, he noted.
Mr. Peroceschi, seconded by Mr. Milbrandt, moved to adjourn at 8:40 p.m. Motion passed
unanimously.
Respectfully submitted,
Sharon Baker
Recording Secretary
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Planning Commission
DATE:
July 8, 2008
CASE NO.: 08-21
APPLICANT:
Bjorn Nelson
REQUEST:
A variance to allow an expansion and alteration of a structure on a
non-conforming lot [31-102 (a)] and a variance to allow up to an 18
foot encroachment into the required 20 foot exterior side yard [31-
308(b)1].
LOCATION:
356 Ramsey St W
COMPREHENSIVE PLAN DISTRICT:
SFLL - Single Family Large Lot
ZONING: RB - Two Family Residential
PC DATE: July 14, 2008
REVIEWERS: Community Dev. Director, Assistant City Engineer
PREPARED BY: Michel Pogge, City Planner /Jt<'f1
BACKGROUND
The applicant is requesting a variance to Chapter 31-102(a) of the Stillwater City Code
in order to expand the existing structure which is on a non-conforming lot.
Additionally, the applicant is requesting a variance to Chapter 31-308(b)1 of the
Stillwater City Code to encroach up to 17 feet into the required 20 foot exterior side
yard setback.
Mr. Nelson is in the process of purchasing the property. He hopes to purchase the
property and complete several renovation projects including removing the garage,
removing an old addition, adding a new addition with porch and attached tuck under
garage.
The property is a non-conforming lot that is only 4,867 square feet in size (7,500 square
feet required) with a lot depth that averages 83 feet (100 feet required). The existing
home currently sits in the required rear yard and exterior side yard setbacks. The
additions are proposed on the west and south side of the existing home.
356 Ramsey St W
Page 2
The applicant is requesting a variance to Chapter 31-102(a) of the Stillwater City Code
in order to expand the amount of living space of the existing structure which is on a
non-conforming lot. Additionally, the applicant is requesting a variance to Chapter 31-
308(b)1 of the Stillwater City Code to encroach up to 18 feet into the required 20 foot
exterior side yard setback.
MAY 12. 2008 PLANNING COMMISSION MEETING
The Planning Commission held a public hearing and reviewed this request at its May
12, 2008 meeting. At that meeting the Commission elected to table the item. The
Commission requested that staff locate the exact location of the utilities in Ramsey St W
and work with the applicant to develop an erosion control plan related to the slope on
the north side of the lot.
DISCUSSION
Since the May 12 meeting, staff has located the utilities in Ramsey St W. The
construction of a porch up should not adversely affect the utilities nor hinder the City's
ability to maintain the utilities in the future.
Engineering staff has reviewed a revised site plan and found the proposed rainwater
garden and retaining walls to be adequate to address the concerns raised related to
storm water and erosion issues. The plans as submitted meet the City's stormwater and
erosion control requirements.
EVALUATION OF REQUEST
A variance may be granted only when all of the following conditions are found:
1. A hardship peculiar to the property, not created by any act of the owner, exists.
Personal, family or financial difficulties, loss of prospective profits and
neighboring violations are not hardships justifying a variance.
The lot was platted in the mid 1800's and its size does not meet the current
zoning requirements. The size and width of the lot is a condition that was not
created by an act of the current owner or buyer.
2. A variance is necessary for the preservation and enjoyment of substantial
property rights; and, if granted, would not constitute a special privilege not
enjoyed by neighbors.
This property is zoned for a single-family home and is currently being used as a
single-family home.
The size of the lot at 4,867 square feet and is an irregular lot. By code, in the RB
zoning districts, lots are required to be 7,500 square feet with 100 feet of depth,
making this lot non-conforming. The home with the proposed addition will
meet required front yard setback and the side yard setback on the north site.
With the new additions and driveway the site will have 25.8% building coverage
and 17.0% other impervious coverage on the site for a total impervious coverage
356 Ramsey St W
Page 3
of 42.8%. The proposed rainwater garden will more than mitigate the difference
between the allowed building coverage of 25 % and the proposed building
coverage of 25.8%.
The additions on the south side that propose to extend closer to Ramsey Street
are of concern. The home is currently setback approximately 8.5 feet from the
property line of Ramsey Street. The required setback is 20 feet. The proposal is
to add a porch, turret feature, and a bay window to the existing portion of the
home and to be setback 3 feet from the property line with Ramsey Street. All of
these features will cause the home to extend closer to Ramsey Street.
Therefore, staff believes the variance for limited expansion and alteration of a
structure is acceptable. Caution needs to be exercised on extending the home
south toward Ramsey Street. The revised proposal shows keeping the porch at
least 3 feet from the Ramsey Street right-of-way property line. This is more
acceptable than a zero to one foot setback that was previously proposed.
3. The authorizing of the variance will not be of substantial detriment to adjacent
property and will not materially impair the purpose and intent of this section
or the public interest nor adversely affect the comprehensive plan.
Staff believes that the authorizing the requested variances will not be of
substantial detriment to adjacent property and not materially impair the purpose
and intent of this title or the public interest nor adversely affect the
Comprehensive Plan.
FINDINGS
1. That the hardship is peculiar to the property, not created by any act of the
owner, exists. In this context, personal financial difficulties, loss of
prospective profits and neighboring violations are not.
2. That a variance is necessary for the preservation and enjoyment of substantial
property rights possessed by other properties in the same district and in the
same vicinity; and that a variance, if granted, would not constitute a special
privilege of the recipient not enjoyed by his neighbors.
3. That the authorizing of the variance will not be of substantial detriment to
adjacent property and not materially impair the purpose and intent of this
title or the public interest nor adversely affect the Comprehensive Plan.
356 Ramsey St W
Page 4
ALTERNATIVES
The Planning Commission has the following options:
1. Approve the variances as requested to allow an expansion and alteration of a
structure on a non-conforming lot [31-102 (a)] and a variance to allow up to a
17 foot encroachment into the required 20 foot exterior side yard [31-308(b)l].
Additionally, staff would suggest that the following conditions for approval:
a. All revisions to the approved plan shall be reviewed and approved by
the Community Development Director.
2. Deny the variance to allow an expansion and alteration of a structure on a
non-conforming lot [31-102 (a)] and a variance to allow up to a 17 foot
encroachment into the required 20 foot exterior side yard [31-308(b)I]. If the
Commission chooses to deny the variance the commission needs to make a
negative finding of fact on the required that supports the denial.
3. Continue the public hearing until the August 11, 2008 Planning Commission
meeting. The final decision deadline for the request is August 16, 2008.
RECOMMENDATION
Staff recommends the Commission approve the variance as conditioned.
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(l'MiNNESOIA )
Planning Commission
DATE:
July 8, 2008
CASE NO.: 08-30
APPLICANTS:
David & Bev Junker and Josephine Kiel
REQUEST:
Street vacation of a portion of Aspen Street.
LOCATION:
1001 Fourth St Nand 920 3rd St N
COMPREHENSIVE PLAN DISTRICT:
SFSL - Single Family Small Lot
ZONING: RB - Two Family Residential
PC DATE: July 14, 2008
REVIEWERS: City Administer, Community Dev. Director, City Engineer, and the
Stillwater Board of Water Commissioners
PREPARED BY: Michel Pogge, City Planner ~
DISCUSSION
The applicant is requesting the vacation of that portion of Aspen Street that is 150 feet
east of Fourth Street north and extending east to a point that is 300 feet east of Fourth
Street. Half of the right-of-way would go to each of the adjacent property owners.
It is the City's understanding that the Junker's are making the request in order that they
could develop a home on the southern portion of their property and Mrs. Kiel desires
the property in order to have an expanded yard.
EVALUATION OF REQUEST
When considering if publicly owned property should be vacated there are two basic
items the City considers.
A. Whether the property is or is likely to be necessary or desirable for any public
purpose within the reasonably foreseeable future.
a. Currently there are two water services in the right-of-way that provide
water service to 918 and 1008 Second St N.
Junker/Kiel ROW Vacation Request
Page 2
b. The developed property at 920 3rd Street would be made a non-
conforming lot if the half of the adjacent ROW is vacated. City Code
Section 32-1 Subd 6 (3) k.1 requires a minimum of 50 feet of ROW along
the length of all residential parcels in the City. With this vacation they
would only have 30 feet of frontage.
B. Any term, condition, reservation, or dedication of any easement or interest in the
property necessary or desirable for public purposes and permitted by law.
a. If the right-of-ways are vacated, staff would recommend that the City
secure a public utility easement over a portion of the property before they
are vacated for the existing water services. Additionally, consideration
should be made to have a public trail and pedestrian easement over a
portion of the property in order that access from Fourth St N could be
created if a trail would ever be developed in the raven along the east side
of the property required to be vacated.
Finally, in order to develop a second home on the east portion of 1001 Fourth Street a
number of variances would be required. The attached map shows a 20' x 30' home on
the site. In order to develop this small home a number of variances would be required
including:
1. A variance to the required setback from a steep slope. (30 foot required, 0 feet
available).
2. A variance to the minimum lot size. (7,500 square feet required, 3,690 square
feet that is not on a steep slope).
3. A variance to the minimum lot width (50 feet required, 30 feet available).
4. If a larger or differently configured home that would is shown would be
placed on the lot then variances to the front and side yard setbacks and a
variance to allow the placement of a home on a steep slope may also be
needed.
Junker/Kiel ROW Vacation Request
Page 3
FINDINGS
The right-of-way that is request to be vacated currently has a public purpose and use.
Therefore, it would be injurious to the neighboring properties and otherwise
detrimental to the general public if the property were vacated.
ALTERNATIVES
The Planning Commission has the following options:
1. Recommend that the City Council deny the right-of-way vacation request.
2. Recommend that the City Council approve the right-of-way vacation request.
An approval needs to be accompanied by substantive findings of fact. Staff
would suggest the following conditions for approval:
a. A public easement for utilities, drainage, general public access, public
trail, and pedestrian access needs to be filed prior to the vacation of the
right-of-way.
b. The vacation would not become effected until all necessary variance
mentioned above are required and approve by the Planning
Commission.
3. Continue the public hearing until the August 11, 2008 Planning Commission
meeting. The 60 day decision deadline for the request is August 18, 2008.
STAFF RECOMMENDATION
That the Planning Commission recommend the City Council deny the right-of-way
vacation requests.
Attachments:
Applicant's request and Site Plan.
;<~030>> IJ-()OSS"
!J <(o 300-0 /;J ocl-91
s vjog-30
r illwater
~ - - ~~
THE BIRTHPLACE OF MINNESOTA J
,. Fee .'1.!-~~
Receipt NO.~~
City of Sti IIwater
PETITION TO VACATE PUBLIC STREET
The Undersigned Hereby P~titi n That All That portion'ff \17pty) J- .
\st/ ~DOI,. '0 ~_
ASUTnNGLOTS - Lu\ 1 SIOCk~
Ci\;;'\ \ S~~""\M.t Addition, in the city of Stillwater, hereby be
vacated.
NAME
~~)'0 - Qe;\) \J~~\:e~
~(JS<:~'\n~_ \;,~~~
ADDRESS \b I
I\'JD) ~\ ~ f,
q'1\) ~J,. ~ . ~"
*Attach a map showing the street to be vacated.
S:\Planning\street vacation application petition.wpd
CITY HALL: 216 NORTH FOURTH STILLWATER, MINNESOTA 55082 PHONE: 651-430-8800
To the city of Stillwater,
6-12-08
I Josephine Kiel residing at 920 nth 3rd
81. would like to vacate Aspen S1. with Dave
And Beverly Junker.
Sincerely, /7 --11. V. 1/< . ...
~/~
!/
Case 08-30
Junker/Kiel
ROW Vacation
Red Line:
Blue Line:
Top of Bluff
30' Steep
Slope Setback
20' x 30' footprint
5' sideyard setback
20' front yard setback
±
City of Stillwater, MN
Community Development Department
Feet
012.5255075100
216 North Fourth Street
Stillwater, MN 55082
1 inch equals 50 feet
651-430-8820 – 651-430-8810 fax
(;.~ ,till~er~,
---- ~
'Hf~\lHPI~C!'. 0' ""NN!~.O!~ ")
Planning Report
DATE:
July 1, 2008
CASE NO.: 2008-31
APPLICANT:
Jay Olson, Edina Realty
REQUEST:
Variance to allow a second sign for Edina Realty
ZONING:
BP-C, Business Park - Commercial
LOCATION:
14430 N 60th Street
PLANNING COMMISSION HEARING: July 14, 2008
PREPARED BY: Bill Turnblad, Community Development Director 'h~
BACKGROUND
Edina Realty opened their office at 14430 N 60th Street in about 2003. At that time the
company requested a variance to allow a freestanding sign in addition to their wall sign.
The City's sign ordinance allows either a freestanding sign or a wall sign, but not both.
The Planning Commission denied the variance request on May 12, 2003. Sometime after
the denial the freestanding sign was erected.
In late spring of this year several council members urged staff to enforce the City's sign
ordinance. That effort began in the West Business Park area by driving past each
property and taking note of non-compliant signage. One of the non-compliant signs
identified in this way was the freestanding Edina Realty sign. Consequently a courtesy
notice was sent notifying Edina Realty of the sign code violation and asking them to
bring the property into compliance.
In response to the courtesy notice, Edina Realty made application for a variance to allow
both the freestanding sign and the wall sign to remain in place.
SPECIFIC REQUEST
In order to allow both the wall sign and the freestanding sign, Edina Realty requests a
variance from City Code Sec. 31-509, Subd. 8, which reads:
Edina Realty Sign Variance
July 1, 2008
Page 2 of3
... All commercial, office and industrial signs in all BP districts are subject to the
following conditions: One wall, freestanding, awning or canopy sign per business is
permitted. ..
COMMENTS ON REQUEST
The Planning Commission may grant the requested variance only if the following
conditions are found to be satisfied1:
1. A hardship peculiar to the property, not created by any act of the owner, exists.
Personal, family or financial difficulties, loss of prospective profits and
neighboring violations are not hardships justifying a variance.
The purpose of the variance process2 is to allow variation from the strict
application of the terms of the Zoning Ordinance where, by reason of the
exceptional narrowness, shallowness or unusual shape of a specific piece of
property or by reason of exceptional size, shape, topographic conditions, the
literal enforcement of the terms of the ordinance would create a hardship. In this
case, the size of the lot, building massing and Highway 36 frontage location are
not unusual or exceptional characteristics peculiar to the subject property.
Moreover, loss of prospective profits and neighboring violations are specifically
excluded as possible justification for a variance. Consequently, staff does not find
that this criterion is met, since there appears to be nothing peculiar to the property
that would sustain a hardship claim.
2. A variance is necessary for the preservation and enjoyment of substantial
property rights; and, if granted, would not constitute a special privilege that is
not enjoyed by neighbors.
Increased sign exposure is a desire of many business owners. However, since
there appears to be no justification for a variance based in property peculiarities
alone, granting the right to a second sign would arguably be considered a special
privilege. And since the amount of signage is zealously guarded and closely
monitored by other business owners, staff would recommend extra caution in
considering this request.
3. The authorizing of the variance will not be of substantial detriment to adjacent
property and will not materially impair the purpose and intent of this section
(i.e. the Zoning Ordinance) or the public interest nor adversely affect the
comprehensive plan.
Both signs currently exist and their existence is not a detriment to surrounding
properties. However, the sign ordinance is quite clear that only one sign is
permitted. If the Planning Commission feels that the proposal is reasonable, it
I City Code Section 31-208( d)
2 City Code Section 31-208(a)
Edina Realty Sign Variance
July 1,2008
Page 3 0[3
could initiate an ordinance amendment to allow two signs on a property. This
would make the Edina Realty variance request unnecessary.
ALTERNATIVES
The Planning Commission has several alternatives.
A. Approve If the property owner's proposal is found acceptable to the Planning
Commission, it could approve it.
B. Deny If the Planning Commission finds that the variance review standards
are not satisfied, it could deny the variance. With a denial, the basis of the action
should be given.
RECOMMENDATION
Since staff does not find that the variance review criteria are satisfied, we recommend
denial of the request.
cc: Jay Olson
Schad Tracy Signs
attachments: Site Plan
Letter from Applicant
Existing Wall Sign
Existing Freestanding Sign
. .
il~~::;::~::~;i:~~~~l;1!.:;i~;::;;);!1~1~'l!;;~~:i~!~~'~:~~:]~~i~l~l~l;i,ii
EDINA f~f,<l,lTY
ct:i~<A REAl. Y lciiCiRTGAGE
EDIHA RfALTY T!TlE
June 18, 2008
(;it;y ofStillvv"ater
RE: Sigmafre for Edina Realty
~ . -- ~
To whom it may conCt;m:
Edina Realty has heeHp~..rt of the StiH\\iater business community for over 20 years, In
2002/2003 wemaue a long term commitment to stay in StiHwater by purchasing the old
BurgcrKing and huilding a new home for Edina Realty.
Our offices are a critical part of our branding. 111cyare located in high visihility
locations Hmt anow us to keep our narne in from of the community.
\\1 e arc asking for a variance inordel' W keep our twocnrrent signs On the property. The
pylon J{)r east/west traffic on H'wy 36 and the building channel letters for traflic on the
fh:'llltagcroad, The mq,jority aftIle businesses around us have the same signa.ge that we
are rcquestl,ug in this variance.
Thank you Jbr your conslo.:;'ration,
Jay Olson
Edina ReaJty
.,.., ~ '0'" fAX 9~'19C:'B '''''2''
~PINA R~AlTI 6800 fron<:e ;\1'0 S, S,!i!'J 600 Edi""l,/0J',) 55435 ~HONi! ',,:;,2 Y28.,59A;. ,,<..,. ,L,!f .__'
NO. 558u../V P,
Case No; Ih
Oate Filed:
Fes'P.!lld:
Rec:elpt No, .
d.2008 1: 15PM ER WOODBURY
.NNING ADMINrSTRATION APPLICATION FORM
L11.
COMMUNllY DEVELOPMENT DEPAR1MENT
CITY OF Sl1LLWAlER
216 NORTH FOURlH SlREET
Sl1lLWAlER MN 65082
ACll0N REQUESTED
Special/Conditional Use Permit
')( V~rian'~~ ~ :: : .:;
ResubdivisJon
Subdivision.
---,Comprehen!ilve Plan Amendment'"
Zoning AmendfTIent"
Planning Unit. Development w
Certificate of 9ompl/ance
Lot Lint! AdJllstment
"'An escrow fee,is also reqUiredto'offsetthe costs ofaftorney and engineEring fGes. The fees for
requested aotion are attached to this application.
The applicant is ,responsible for the eOmplefeness and accuracy of aU- forms; and ;suppoltlng material
submitted in conne~tion with any app/ica#on. All supporling materia/.(i e.,! photOt, 'sketchesl etc.)
. I I. .
submitted with. application becomes the property of, the City of Stillwater. ' . S/~n (1'6) copies . at
supporting material are reqUired. If application is subrn'tJ.ed to the City, CO,uncl1,. twelve (12) copies 01
suppOrting materIal are required. A site plan showing dtainage' and setbacks Is required with
applications. A complete legal description. of SUbject property Is reqtJired. Any incomplete a'Pp/~cation
01' s'uppOr6lJg material will delay the application process., " ,
'After Planning Commission approvals, there is a 10-cf~Y' appeal period. Onee' ihe:' 10-day appeal period
l1as ende~ the applicant will receive a zoning IIse permit whic h must be signed 'and submitted tii'the City
to obtain th@ required building permits,
I PROPERlY IDENTrFICA liON
. Address of proJec~\ l\ I:jJ \~ &0~. hl.- ~g;esror's Parcel No~~ ~~C?~~L
. ""',, I (GE;O Code) , ,
Zoning Distrid~De!;Cription of ~(Oject 'oV \'\ d.A~ &\ ~ " ,':'
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Property Owner Ie{ l.( 6e> lLO~,.. ~ , \.,..LL-
t0ailing Address € Itb [&. rNq!l.1
City w State ~ Zip 2;~\1\itd.'<' r' {\J\ ~
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S'~c--c.....- ' City - State. Zip
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TelePhon.NO:~ _
,Signtdure' ,
, (Signature is' required) ''''" ,
'1
Telephone
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THE COLORS SHOWN IN THIS DRAWING ARE FOR ILLUSTRATION PURPOSES ONLY AND MAY NOT BE A TRUE REPRESENTATION OF ACTUAL COLORS
CUSTOMER EDINA REALTY
I FILE NAME RB3149-10-05-06 I WITH m'FIJIM. OF THI5 DRAWING I HEREBY GIVE SCHAD TRACY SIGNS PERMISSION
I TO BEGIN PRODUCTION OF THE S1GNAGE ILLUSTRATED IN THIS DOCUMENT. I AGREE
SALES REP. RICK B. I THAT ALL THE SPECIFICAllONS. SPElliNG. COLORS AND ELEVAllONS LISTED IN THIS DRAWING
I ARE CORRECT AND APPROVED. ANY CHANGES TO THIS DRAWING AFTER PRODUCTION
SCALE 1/4" = 1'-0" I HASSTARTEDWlLLRESULTlNADDmONALCHARGES.
I DRAWN BY DARREN D. I CUSTOMER APPROVAL__ DATE
I REVISION 0 1\ ORIC. DATE 10/05/06 II REV. DATE 00/00/00 II FONTS USED:
n~ MINNESOTA AVE. N.
P.O. BOX m
ORONOCO, MN ~~960
PHONE ! ~07-}67 -26}1
FAX ! ~OM67-26H
1610 E. CLIFF RD.
BURNSVlLLE, MN ~~m
PHONE /9n..a94-2421
FAX / 9~2..a94-2748
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FONTS USED: I. IMPORTED IMAGE
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Designer: DARREN
File Name: RB-001687
Dra'Wing" Details: ScOla W't: 1~ -0" .t3!'$f",:-'?}q
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WlTli APPROVAL OF THIS ORAWING 111EREBY GIVE
SCHAD IRACY SIGNS PERMISSIO~I 10 BEGIN
PRlJUlJCllIlfj OIIHL SIGtJA(iL IllUSIRAllD IN IHIS
DDCUMEIH. I AGREE IHAl ALlIH[ SPECIIICAIIONS,
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URAWmG ARE llJRRtcJ MW APPROVLU ANY
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CUSTOMER APPROVAL:
AUTHORIZED SIGNATURE
DATE:
LANDLORD APPROVAL:
AUTHORtzeO Sk3/iATUHE
SALES REP. APPROVAL:
DATE:
AlJTHORIZEO SIGNAT\lRE DATE:
CITY & STATE: STILLWATER, MN
ADDRESS:
schad:traclI
lh'~i~I1"I~
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n5 MINNESOTA AVE, N.
I~O. BOX }57
OIWNOCO, MN W}l>O
PHONE I 507-}('7 -2(,}1
I'M I 507-}(,7/}('}}
16]0 E. CLIFF 1m.
BUI~NSVILLE. MN 'i'lm
PHONE I 952-894-2421
FAX J 952-894-2748
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Planning Commission
DATE:
July 8, 2008
CASE NO.: 08--32
APPLICANT:
Terence P & Julie Danley
REQUEST:
Variances to allow a second accessory structure to exceed the maximum
size of 120 square feet and a variance to allow for a new structure on a
non-conforming lot.
LOCATION:
1005 2nd St N
COMPREHENSIVE PLAN DISTRICT:
SFSL - Single Family Small Lot
ZONING:
RB - Two-family District
PC DATE:
July 14, 2008
REVIEWERS:
Community Dev. Director
Michel Pogge, City Planner ~
PREPARED BY:
DISCUSSION
The applicant is requesting a variance from the maximum size for a second accessory use of 120
square feet. The total area of accessory uses (garages and shed) in the RB zoning district is
limited to 1,000 square feet or 10% of the lot area; whichever is less, and limits the number of
accessory uses to two with one being no larger than 120 square feet. In this case the lot is 5,300
square feet which would allow up to 530 square feet of accessory buildings. The existing garage
has a parking area of approximately 17' by 12', or 204 square feet in size. The shed of 14' by 14'
(or 196 square feet) will keep the total area of accessory uses on the property below the 520 foot
limit.
With the new shed the lot will have 24.3% building coverage which meets the requirements of
the code.
,
,1005 2nd St N
Page 2
EVALUATION OF REQUEST
A variance may be granted only when all of the following conditions are found:
1. A hardship peculiar to the property, not created by any act of the owner, exists.
Personal, family or financial difficulties, loss of prospective profits and neighboring
violations are not hardships justifying a variance.
The property is a 5,300 square foot lot. The current garage is immediately adjacent to
the property line and would be impossible to expand. The property owners purchased
the lot and structure as is and this is not a condition that the property owners created.
Staff finds this to be a hardship peculiar to the property and not created by the property
owner.
2. A variance is necessary for the preservation and enjoyment of substantial property
rights; and, if granted, would not constitute a special privilege not enjoyed by
neighbors.
The accessory structure on the site is substandard to meet most modern needs. Since the
existing garage cannot be expanded on it seems reasonable to allow for a larger second
accessory structure, especially considering that the total area of accessory structure will
meet the maximum allowable area for this lot.
Therefore, staff finds that the variances are necessary to allow the property owners to
have the allowable area for accessory uses that are allowed and enjoyed by other
properties in the same district and in the same vicinity.
3. The authorizing of the variance will not be of substantial detriment to adjacent
property and will not materially impair the purpose and intent of this section or the.
public interest nor adversely affect the comprehensive plan.
As proposed the applicant will meet all other zoning code requirements. Therefore, as
submitted, the proposal will not be a detriment to property owners in the community
and will not impair the purpose and intent of the zoning code.
.I
1005 2nd St N
Page 3
FINDINGS
1. That the hardship is peculiar to the property and is not created by acts of the owner.
2. That a variance is necessary for the preservation and enjoyment of substantial
property rights possessed by other properties in the same district and in the same
vicinity; and that a variance, if granted, would not constitute a special privilege of
the recipient not enjoyed by his neighbors.
3. That the authorizing of the variance will not be of substantial detriment to adjacent
property and will not materially impair the purpose and intent of this title. It would
not necessary adversely affect the Comprehensive Plan.
ALTERNATIVES
The Planning Commission has the following options:
1. Approve the requested variances to the maximum lot coverage requirement,
minimum lot size, and the minimum setback. If the Commission chooses to grant
the variances the Commission needs to make an affirmative finding on the required
conditions for a variance. Additionally, staff would suggest that the following
conditions for approval:
a; All revisions to the approved plan shall be reviewed and approved by the
Community Development Director.
b. The shed must be limited to a 14' by 14' structure.
2. Deny the requested variances. A denial needs to be accompanied by substantive
findings of fact.
3. Continue the public hearing until the August 11, 2008 Planning Commission
meeting. The 60 day decision deadline for the request is August 18, 2008.
RECOMMENDATION
Select alternative number 1 and approve the request as conditioned.
Attachments:
Applicant's Form, Site Plan, elevations, and letter.
Terence P. & Julie A.Danley
1005 North 2nd Street, Stillwater MN 55082 * Phone: 651-430-8025* E-mail:juliedanley@msn.com
June 19., 2008
Planning Commissioners
City of Stillwater
216 North 4th Street
Stillwater, MN 55082
Dear Commissioners:
We hereby request a variance to build a 196 square foot storage shed, 14x14, exceeding city code limits
of 120 square feet.
We understand that any variance must show a hardship. We believe that our hardship is best expressed
as an untenable situation of limited lot square footage. combined with an antiquated architectural plan.
The design and lot provides less than adequate garage space and is substandard to today's demands.
We strongly believe that this variance will:
1. Not negatively affect surrounding properties
2. Provide for all our current and future storage needs
3. Create minimal impervious surface resulting in a nominal amount of rainwater entering the
storm sewer drainage system. Especially conSidering our lot and landscaping improvements we
have previously installed to retain storm water on site.
4. Result in a significant aesthetic improvement to our property, as well as neighboring properties,
specifically improving the private and secluded setting enjoyed by 1007 North 2nd Street.
5. Improve our property and neighboring properties by allowing us to keep our personal property
undercover and out of sight from others, eliminating any chance of unsightly conglom.erations
plaguing nearby neighborhoods within the city.
We will construct with wood, side with vinyl that matches the house, and install a fire rated gypsum
board to address the proximity issue with 1003 North 2nd Street's garage.
We understand that variances are rightly and only granted when demonstrable hardship exists. We have
such a hardship, and humbly request that you grant us said variance
Check list for
P,lannir'lg Applications
Incomplete orunclearapplk:atkH1sJplans will be returned to the applicant and may res. in
delay ~ application processing.
Ch~nd attach to application.
l!1' The application form completed and signed by the property owner or owners authorized representative.
rgl'A complete legal de$Criptionof subject property.
~ilding plans clearly dimensioned and scal (16 copies).'
~Thesite plan showing exterior property lines, easements, lot width and depth and lot area building(s)
location. (See attached site plan example, a parcel boundary survey may be required).
~I adjacent sreetsor right ()f ways labeled.
~Location, elevation, size, height of building or addition, dimensions, materia1e find proPosed use 01all
buildings and sructures(including walls, fences, signs, lighting ,and hooding devices) existing and proposed
for the site (if the site is in a Hisoric Disrict, additional design detail maybe required).
~DiEtancesbetween all Etructuresand between all property lines or easements and sructures.
(il/Show Adjacent buildings to this application site and dimension from property Une.
I:iY"A1I major exising trees on the site (4 inch caliber or greater), giving type,location, size and othersite
coverage conditions.
t::i'"showeXiSing significant natural features such as rock outcroppings or watercourses (existi ng and
proposed marked accordingly). - SEE. PHOTOS 'f t..e-.,...-rf:-R...
~Locate all off-etreet parking spaces, driveways, loading docks and maneuvering areaswith dimensions for
driveway widths and parking space sizes.
r.g/'pedeSrian, vehicular and service points of ingress and egress; disances between driveways and _et
comers.
uY'Landscape plan showing number of plants, location, varieties and container sizes (landscape Plan).tJ/A ,
rg"ExiElting and proposed grading plan showing direction and grade of drainage through and off the site;
indicate any proposed drainage channels or containment facilities. .w A-
~Required and exising Etreet dedi,cationsand improvements such assidewall6,curbing and pavement (may
. ,)pt be required).
r{ .-!:&.tterj,o the Planning Commiesion de~ribin9 the proposed use in detail and indicating how this use will
effect and compa,tibitity with adjacent uses or areaS.
[Y"Applicationsfor newsructureson slopes of 12 percent or greater mus include an accurate top()9raphic
map. The map mus contain contoursoftwo-foot intervals for slopes of 12 percent or greater. Slopesover
24 percent shall be clearly marked. /"1 Pr-
O other such data as may be required to permit the planning commiesion to make the required findings for
ap~flctype :apPIiC8tion. c: _ / p. 0 8
Lture Date
PLANNING ADMINISTRATION APPLICATION FORM
Case No:
Date Filed:
Fee Paid:
Receipt No.:
COM MUNlTY iOEVELOPMENT OEPARlMENT
CITY OF Sl1LLWAlER
216 NORlH FOURtH SlREET
Sl1LLWAlER MN 55082
ACll0N REQUESlEO
Special/Conditional Use, Permit
X"i Variance
Resubdivisi on
Subdivision*
Comprehensive Plan Amendment*
Zoning Amendment*
Planning Unit Development *
certificate of Compliance
Lot Line Adjusment
*An escrow fee is also required to offset the costs of attomey and, engineering fees. The fees for
requested action are attached to this application.
The applicant Is responsible for the completeness and. accuracy of a II forms and supporting material
submitted in connection.. with any application. All supporting material (I e., photos, sketches, etc.)
submitted with application becomes the property of the City of Stillwater. Sixteen (16) copies of
support/ng material are required. If applicatiOn Is submitted to the City Council, twelve (12) copies of
support/ng material a,re required. A site plan showing drainage and setbacks is required with
applicationS., A complete legal description of subject property is required. Any Incomplete applicatiOn
or supporting material will delay the, application process.
After Planning Commission approvals, there Is a 10-day appeal period. Once. the 10-day, appeal period
has endecl, the applicant will receive a zoning use pennitwhich must be signed and submitted to the City
to obtain the required building pennlts.
PROPERTY IOENllFlCAll0N
Address of Project I ~ tJ f(' 2 iJi:> . $~r ..l\I ' . Asse$SO(s Parcel No.J< !l-S. 6 3 O. /U;!, l.~ ,noJ.! (
(GEO Code)
ZOning DiSrict.....&.1L Description of project..J3u I L.~ /4 I X HI I OHE.b, I Ph StsIIJA-R.P F=P.1:cT,
. .
"I hereby state the foregoing statements and, ai/data, information and evidence submitted herewith in
all respects. to the best of my knowledge and belief, to be true and correct I further certify I will
comply with the pennit if It is granted and used."
Property Owner ~R..~AU.~ P. f'JA.(\lL r:..y Representative
Mailing Address /OOtQ"6),lUh ST, AJ . Mailing Address
City - State - Zi~71L.L'J1A,a /V!IJ S-..s-oB ~ City - State - Zip
.
:::::e~~~~
(Signature uired)
Telephone No.
Signature
(Signature is required)
PLANNING ADMINISTRATION APPLICATION FORM
Case No:
Date Filed:
Fee Paid:
Receipt No.:
SflE AND PROJECT DESCRlPll0N
Lot Size (dimensiOns)~x.JJilJ <..SG-E 5.ti~VeY) Total Building floor area I ?{; t:quare feet
Land Area5j 30l> ' sF Existing 9fi t:quare feet
Height of Bui Idings: SiDriea Feet Proposed 'J r?, , . liquare feet
Principal I 5 Paved Impervious Area 3 TCequarefeet '\
Accessory I ~ No. of off-etreet parking spaces;L +- I r,ps 'cE J
1
H:\mcnamara\Slle'Ia\P/.ANAPP .FRM
April 9, 2008
JJ r Iii
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B STACK Lj3CJ}- 5ID30
CONTINlJATION .OF ABSTRACT OF. TffLE
Prepared by Equity Title Services, Inc.
No. 118
To: All that part of Lot S, Block 9 of Carli andSchulenburg's Addition to the City of
Stillwater de~bed as follows. to-witBeginning at an iron monument set dnthe West
line of said Lot 5. said iron monument set 00 the West line of said LotS. said iron
monument being 42 feet North of the SW comer of the said Lot 5. running thence Easterly
at an angle 90 degrees 52 minutes measured from the North to the East street to animn
monument; thence by a deflec1ionangle of 6 degrees 10 minutes to the ript 70.7 feet to
an iron monument thence by deflection angle 41 degrees 27 minutes to the ript 43 feet to
the SEcorner of said Lot 5; thence West along the South line of said Lot 5 tQthe SW
> comer of said Lot 5; thence North along the West line of said Lot 5. 42 feet to the point
of begi.m1ing.Together. with an.easement to lay. .maintain. repair and .remove .water pipes
and mains as more fully set forth in that certain easement dated April 12, 1946 and
recorded Apri113. 1946 in Book ISO of Deeds. page 26. Together with the riptto
connect with the waterline as is now laid out over and across Lot 2. Block 90f Carli and
Schulenburg's Addition to the City of Stillwater. And to enter upon said premises to
maintain and repair said water line. This easement to be pennanent and perpetual and
binding forever upon the above described premises. upon the parties of the first part and
for the benefit of the parties of the second part, their heirs and assigns forever.
,.
State of Minnesota
County of Washington
Equity Title Services. Inc.. certifies that the entries herein numbered 118 to 126
inclusive. constitute a correct and complete Abstract of Title. to the Real Estate described at
Entry No. 118 herein as appears of record in the Real Estate Division of the office of the
County Recorder. Washington County. Minnesota, since April 7, 1993 at 5:00 o'clock P.M.,
including taxes according. to the general. tax records of said County.
Dated. March 1, 1996 at .5:00 o'clock .P.M.
EQUITY TITLE SERVlCES.INC.
-7 , /1
By ..A 4 jlt:t )J ]. k,~
- AJithorized Signature
This Abstract of Title is a history of the record title of the property described herein and does not
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CERTl1FlCA TE OF SURVEY
.JAMES .F... SIMONET.
STILLWATER, MINNESOTA
v:.a_-eta RegIaterec1.J.Dd Sui ."iiyor No. '105
WJ____ R.e8iatereclLad SIII'Ve)'OrNo. 8-601
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Planning Commission
DATE:
July 8, 2008
CASE NO.: 08-33
APPLICANT:
Mark Balay
PROPERTY OWNER:
LDL Investments, Mike Lynskey
REQUEST: 1) Special Use Permit for apartments
2) Parking Variance
LOCATION: 124 Main St S
ZONING: CBD, Central Business District
PC DATE: July 14, 2008
REVIEWERS: Community Dev. Director
PREPARED BY: Michel Pogge, City Planner ~-<!
BACKGROUND
After completing renovations after the roof collapse to the Main Street Square property
at 124 Main St S the owner, LDL Investments, would like to add 5 apartments to the
second floor of the building. Residential Uses in the CBD are allowed downtown by
Special Use Permit. Currently the space on the second floor is used only as storage.
SPECIFIC REQUEST
Mark Balay, on behalf of the owner, has made application for a Special Use Permit to
construct 5 apartment units on the second floor of the space at 124 Main St S. In
addition, a parking variance is being requested.
EVALUATION OF REQUEST
Special Use Permit
Sec. 31-207(d) of the City Code states that a Special Use Permit can be approved if the
Planning Commission finds that:
124 Main St S
Apartment SUP and Variance
Page 2 of 3
(1) The proposed use conforms to the requirements and the intent of the Zoning
Ordinance, the Comprehensive Plan, and any relevant area plans.
Zoning Ordinance
Parking - Apartments are required to provide 1.5 spaces per unit; with one
covered, plus one space per three units for guest parking. With five
apartment units the building would require 9 spaces, 5 of which are required
to be covered. Since the required spaces cannot be provided on this site a
variance has been requested and is discussed below.
(2) Any additional conditions necessary for the public interest have been imposed.
Architectural design - The HPC has review and approved a request to reopen
previously bricked over openings on the second floor. This change will allow the
building to return to a more historically accurate appearance and provide natural
light to the new apartment units on the second floor.
Miscellaneous
. Plans will need to be approved by the fire and building officials before the
issuance of a building permit. Specifically, required ingressj egress issues
will need to be satisfied.
. 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 or Heritage Preservation Commission
for review and approval.
(3) The use or structure will not constitute a nuisance or be detrimental to the public
welfare of the community.
. Staff finds this criterion to be satisfied.
Variance
As mentioned above, the proposed apartments would need 9 parking spaces, 5 of which
are required to be covered, to meet the Zoning Code regulation. However, the building
has no on-site parking. Consequently a variance from the parking requirement has
been requested. It has become common in the downtown zoning district to view the re-
use of existing space as grounds for satisfying the "hardship" criteria for variance
requests. Obviously, the existing set of circumstances prevents the business from
creating the required number of on-site parking spaces. It is for situations such as these
that Section 31-510, Subd. 1 (d)(l)i of the Zoning Ordinance was written. It allows for
"alternative provisions" when the property being considered is in a parking district.
The City has established a downtown parking district, which would allow for such
"alternative provisions". Only in new construction has the City aggressively required
the construction of new parking spaces, About the only consistent" alternative
provision" that the City has required under these circumstances is that property owners
124 Main St S
Aparhnent SUP and Variance
Page 3 of 3
purchase monthly parking permits for the required number of spaces. This
encourages the parking user to park in lots that are a little further away from the site,
allowing closer free parking to be used by visitors.
In keeping with past practices, staff finds the variance review criteria to be met and
would recommend approval of the variance with the condition that the property owner
be required to buy nine monthly parking permits for the aparhnents.
ALTERNATIVES
The Planning Commission has the following options:
1. Approve the Special Use Permit and Variance with the following conditions:
a. Plans shall be approved by the fire and building officials prior to the
issuance of a building permit.
b. The property owner must purchase nine monthly parking permits for the
apartment tenants,
c. All changes to the approved plan shall be reviewed and approved by the
Community Development Director. Any major changes will need to go to
the Planning Commission or Heritage Preservation Commission for
review and approval prior to issuance of any building permits.
d. All proposed signage shall be reviewed and approved by the Heritage
Preservation Commission.
2. Deny the Special Use Permit and Variance. If the Planning Commission decides
to deny the requests, findings of fact substantiating the denial must be provided.
3. Table the requests for additional information.
RECOMMENDATION
City staff recommends approval with the conditions presented above.
PLANNING ADMINISTRATION APPLICATION FORM
Case No:
Date Filed:
Fee Paid:
Receipt No.:
COMMUNITY DEVELOPMENTDEPARlMENT
CITY OF Sl1LLWATER
216 NORTH FOURTH STREET
Sl1LLWATER MN 55082
ACll0N REQUESTED
-jpeciallCOnditiOnai Use Permit
Variance
Resubdivision
Subdivision*
Comprehensive Plan Amendment*
Zoning Amendment*
Planning Unit Development *
Certificate of Compliance
Lot Line Adjustment
"An escrow fee is also required to offset the costs of attorney and engineering fees. The fees for
requested action are attached to this application.
The applicant is responsible for the completeness and accuracy of all forms and supporting material
submitted in connection with any application. All supporting material (i e., photos, sketches, etc.)
submitted with application becomes the property of the City of Stillwater. Sixteen (16) copies of
supporting material are required. If application is submitted to the City Council, twelve (12) copies of
supporting material are required. A site plan showing drainage and setbacks is required with
applications. A complete legal description of sutject property is required. Any incomplete application
or supporting material will delay the application process.
After Planning Commission approvals, there is a 10-day appeal period. Once the 10-day appeal period
has ended, the applicant will receive a zoning use permit which must be signed and submitted to the City
to obtain the required building permits.
PROPERTY IDENllFICA1l0N
Address of Project \24- s . H J>.. \ \J S-r:
Assessors Parcel No. ;(3 {J60 LfI/JtJO?;
(GEO Code)
Z4f1ing Distri~ Description of Project
6A\==-A-:t2I~ Ul'J \T~
~~b~~
"I hereby state the foregoing statements and all data, information and evidence submitted herewith in
all respects, to the best of my knowledge and belief, to be true and correct I further certify I will
comply with the permit if it is granted and used. ..
Property Owner Lb l \'k1vtS~~
rU
City - State - Zip ~Ti,LLUh~ W S~L.- City - State - Zip S\I.L-L.W~(~JM J\. J ~~~
Telephone No, b St- Telephone No. h~ rql/J 7 -2C>F3 S
Signature ~~,
/~;-~e~~
Mailing Address
Representative }1~k' ~ "j;'~~
Mailing AddressJ\ l~:f"- :+1 Yt2' ~S-r::
Signature
PLANNING ADMINISTRATION APPLICATION FORM
Case No:
Date Filed:
Fee Paid:
Receipt No,:
I \
Lot Size (dimensionsfiZ... x \ '2 (j;,
Land Area
Height of Buildings: Stories
Principal ~
Accessory
Feet
~O
SllE AND PROJECT DESCRIP110N
Total Building floor area ~q~ square feet
Existing S' '1 crt square feet
Proposed )SAH ~ square feet
Paved Impervious Area 0 square feet
No, of off-street parking spaces 0
Mark S. Balay, RA
StillwaterM
110 t;ast Myrtie Street, Suite 100
Stillwater, Minnesota 55082
(651) 430-3312
n n e sot a
A1ichl1d E. Balay, Pv4.
Ind anapol sindiana
8878 South Street
Fishers, Indiana 46038
(317) 845-9402
6/20/07
City of Stillwater
Attn: Michel Pogge
216 N. Fourth St.
Stillwater, MN 55082
Dear Mr. Pogge:
Attached are all submittal materials requested to apply for an SUP to develop 5 apartment
units at 124 S. Main St. The owner has completed the renovations of the retail
commercial spaces after the roof collapse, and now would like to take the opportunity to
further the rehabilitation of the buildings to include 5 apartment units on the second floor.
We have researched the building code requirements for accomplishing this and wish to
secure the zoning permits required before investing in the design of the second floor
apartments,
As you know, this property is a previous spatial conglomeration ofthree original
buildings facing Main St. and two buildings facing Union Alley. The apartments will be
located in the two southern bays of that building combination and have egress to both
streets. The HPC has already approved the reopening of all existing windows on Union
and Main St. to facilitate this apartment project.
We request your review, approval, and granting of a variance as follows:
5 Apartment units/ with no parking spaces owned by the property.
We propose providing monthly downtown parking permits to each ofthe tenants as a
portion oftheir rent, as Lynskey Properties is currently doing in their other upstairs
apartments on Main St.
A hardship exists generally in downtown Stillwater due to the historical urban
development which has not left space for parking directly at properties and required
individual to find other solutions as regular practice.
We look forward to meeting with you at your July 14th meeting.
Please do not hesitate calling if you require additional information or have questions.
,.//'
Sincerely,
~
Mark S. Balay
Mark S. Balay Architects, Inc.
cc: Lynskey Properties
Sti
water
HE HIRTH? A.C' Oi M NN[,.OlA ')
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PLANNING REPORT
DATE:
July 7, 2008
CASE NO.: 2008-34
APPLICANT:
Paul Weiler, Youth Services Bureau, Inc.
REQUEST:
1) Ordinance Amendment to allow "amusement & recreational
establishments" by Special Use Permit in BP-O Zoning District
2) Special Use Permit for "amusement & recreational
establishments"
LOCATION:
1901 Curve Crest Blvd, Suite 101
ZONING:
BP-O, Business Park - Office
PUBLIC HEARING:July 14, 2008
REVIEWED BY: City Attorney, Building Official, Assistant Fire Chief, City Planner
PREPARED BY: Bill Turnblad, Community Development Director1>T '
BACKGROUND
Youth Services Bureau, Inc. (a non-profit organization) is proposing to open and
operate an indoor skateboard facility in the multiple tenant building located at 1901-
1931 Curve Crest Boulevard. However, the property is zoned BP-O, Business Park-
Office, which does not allow the proposed use. Consequently, Youth Services Bureau
submitted an application requesting an ordinance amendment to allow the use on the
site.
SPECIFIC REQUEST
In order to operate the skateboard facility, Youth Services Bureau requests approval of:
1) An amendment to City Code Section 31-325 that would add" amusement and
recreational establishments" as specially permitted uses in the BP-O Zoning
District; and
2) A Special Use Permit for the facility.
;Youth Services Bureau
SUP and Variance
Page 2 of 4
EVALUATION OF REQUEST
Ordinance Amendment
The purpose of the BP-O Zoning District is "to provide a district for office uses."
However, in the West Business Park this purpose is diluted by the practice of allowing
unrelated uses by Special Use Permit (SUP). For example, by SUP almost any general
retail business is allowed, as is warehousing, wholesaling, schools and other
institutional uses. These businesses are normally found in commercial, industrial and
institutional districts, but not in office districts. Consequently, Stillwater's BP-O office
district is an eclectic mix of everything from liquor stores to lumberyards.
Given the current mix of uses in the district, it is difficult to do a standard compatibility
analysis of the ordinance amendment request. On the one hand, recreational uses are
potentially incompatible with office uses in a business park setting. This would argue
against approving the request. On the other hand, the mix of existing uses inthis
district is already substantially different from the uses envisioned by the district's
purpose statement. This would argue in favor of the request. Never the less, City
planning staff advises against slipping further away from the district's core purpose by
allowing recreational uses in this office district.
Special Use Permit
The proposed indoor skateboard facility is geared toward the non-driving youth age
group. This virtually eliminates the need for parking, since parents would drop-off and
pick-up their children rather than park. The hours of operation are planned to be from
3:00 PM to 8:00 PM Mondays through Fridays. On weekends the facility would be open
from noon to 8:00 PM.
The facility is anticipated to accommodate 15 to 20 kids each day. Half of the operating
budget would be generated through a $5 admission and concession sales. The other
half would come through donations from United Way and sponsorships from area
corporations.
Sec. 31-207(d) of the City Code states that a Special Use Permit can be approved if the
Planning Commission finds that:
(A) The proposed structure or use conforms to the requirements and the intent of the
Zoning Ordinance, the Comprehensive Plan, and any relevant area plans.
Zoning Ordinance
;Youth Services Bureau
SUP and Variance
Page 3 of 4
The building within which the proposed skateboard facility would be located
already exists. And the proposal would not include any exterior work to the
building or property. Therefore, very few zoning ordinance standards apply
to the project. The exceptions are the use issue (which is addressed above),
parking and signage.
Parking - The space that is to be leased by Youth Services Bureau was
previously used for warehousing. Consequently there is no striped parking
near the skateboard facility. None the less, there are two unmarked spaces
available for the facility employees. This can be seen in the attached site
layout. This should be sufficient since users of the skateboard facility are
younger than driving age and likely will be dropped off by their parents and
picked up later. In addition, the hours of operation are generally outside of
standard office hours. Therefore, if there are some parents that want to stay
on-site, there will be parking available in the front parking lot.
Signage - No sign information has been submitted as part of this request.
The Heritage Preservation Commission will need to review and approve a
sign permit before any signage may be installed,
Comprehensive Plan
The Land Use Chapter of the current Comprehensive Plan is not particularly
enlightening on the issue of potential uses on the subject property. It says
simply that the West Business Park includes office, commercial and industrial
sub-districts.
(B) Any additional conditions necessary for the public interest have been imposed.
And, the proposed use or structure will not constitute a nuisance or be detrimental
to the public welfare.
. A building permit will need to be submitted and approved by the fire and
building officials.
· The facility may not open to the public until a certificate of occupancy is
issued by the City's Building Official.
. All modifications to the plans will need to be reviewed by the Community
Development Director. All minor modifications shall be approved in
advance by the Community Development Director. All major
modifications shall be approved in advance by the Planning Commission.
Determination of the distinction between "major" and "minor" shall rest
with the City Administrator.
· Sufficient on-site supervision shall be provided at all times to maintain
orderly conduct inside and outside the facility.
· Though not necessarily a potential nuisance item from the point of view of
the general public, the building owner should be aware that without
sufficient sound proofing, the noise generated by the indoor skateboard
use could be a detriment to any abutting office usage.
Youth Services Bureau
SUP and Variance
Page 4 of 4
AL TERNATIVES
The Planning Commission has the following options:
1) Recommend approval of the requested ordinance amendment, and approve the SUP
with the following conditions:
a) The Special Use Permit shall only become effective if the City Council approves
the ordinance amendment allowing a non-profit skateboard facility by SUP in
the BP-O Zoning District.
b) No signage shall be installed on the property until a sign application package is
submitted to and approved by the Heritage Preservation Commission.
c) A building permit shall be submitted to the City and approved by the fire and
building officials. The facility shall not be opened to the public until after the
City's building official has issued a certificate of occupancy.
d) All modifications to the plans will need to be reviewed by the Community
Development Director. All minor modifications shall be approved in advance by
the Community Development Director. All major modifications shall be
approved in advance by the Planning Commission. Determination of the
distinction between "major" and "minor" shall rest with the City Administrator.
e) Sufficient on-site supervision shall be provided at all times to maintain orderly
conduct inside and outside the facility.
2) Recommend denial of the requested ordinance amendment, but recommend
approval of an amendment that would allow by SUP "non-profit recreational uses"
in the BP-O Zoning District. Then approve the SUP with the conditions found in
Alternative 1 above. The applicant finds this alternative acceptable,
3) Deny the SUP and recommend denial of the requested ordinance amendment.
4) Table the requests for more information.
RECOMMENDATION
City planning staff believes the proposed use strays too far from the purpose of the BP-
o Zoning District, and therefore recommends denial of the ordinance amendment.
Attachments: Floor Plan
Location & Zoning Map
Site Layout
cc: Paul Weiler
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Base Zoning Districts ~ 'I j) V I I
D A-P, Agricultural Preservation f /1 I~
D RA - Single Family Residential II /: /~
D RB - Two Family CRE!=: T 'I _~ ~
D TR, Traditional Residential .- \1 --=-= ~ ~
1_ I LR, Lakeshore Residential ~ - - _ _ _ _ _ ..r,_ _ _ _ _ Skat;boa;d site ~
_ CR, Cottage Residential .,,;:::--. ~
_ CTR, Cove Traditional Residential I' ~
'"-;-111 CCR, Cove Cottage Residential I ...,.
_ CTHR, Cove Townhouse Residential \1 ~
_ TH, Townhouse I( W
W RCM - Medium Density Residential ~- - - - - ~ \- - - - - - -E-
_ RCH - High Density Residential :;: \ It I n ~ en
_ VC, Village Commercial ~ \\ Lr TrT-
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D Public Works Facility +N
D ROAD W E
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D WATER
Location and Zoning Map
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City of
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Youth Services Bureau
Indoor Skateboard Center
Community Development Department
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