HomeMy WebLinkAbout2008-11-10 PC Packet - Part 1
CITY OF STILLWATER
PLANNING COMMISSION
NOTICE OF MEETING
MONDAY, NOVEMBER 10, 2008
Workshop Meeting 6:00 p.m. for review of 2008 Comprehensive Plan Update.
The City of Stillwater Planning Commission will meet on Monday, November 10, 2008, at 7 p.m. in
the Council Chambers at 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.
AGENDA
1. CALL TO ORDER
2. APPROVAL OF OCTOBER 13, 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 speak, 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.
3.01 Case No. 08-40. A street vacation request for a 166 x 30 foot portion of Panama Avenue
and a 82 x 60 foot portion of Hubert St in the AP, Agricultural Preservation District.
Washington County Public Works, applicant. Continued from the September 8, 2008 meeting.
3.02 Case No. 08-47. A variance request for the construction of an inground pool located at 224
Rutherford Road in the TR, Traditional Residential District. Valley Pools & Spas, representing
Donald and Janine Harvieux, applicant.
3.03 Case No. 08-46. A zoning text amendment to the sign regulations to Section 31-509 Subd.
8 through Subd. 11 related to signage in the BP-Business Park zoning district. City of
Stillwater, applicant.
4. OTHER BUSINESS
4.01 Review and recommendation on Downtown Sidewalk Sign Policy
CITY HAll: 216 NORTH FOURTH STREET . STillWATER, MINNESOTA 55082
PHONE: 651-430-8800 . WEBSITE: www.cLstillwater.mn.us
City of Stillwater
Planning Commission
October 13, 2008
were not for the infill restriction. Mr. Stefan noted that every building in the downtown is unique.
He said he thought the massing of a two-story structure would be way too small for the site in
question, noting that everything around it is 4 or 5 stories. Vern Stefan stated they are not trying
to construct a building that is inordinately large or obtuse, but they need to construct a building
that is economically feasible and will create a vibrant downtown. Vern Stefan said not being able
to have a third floor will compromise that whey can offer to the downtown climate.
Mr. Middleton opened the public hearing.
Chris Angel, representing Dick and Judy Diedrich, unit 424 of Stillwater Mills on Main, spoke of
the impact of a three-story structure on the view of residents of the Mills building, who, he said,
purchased their property with the understanding that they would have views of Lowell Park and
the St. Croix River. He stated only a hardship can surmount the ordinance; he spoke of the
"fundamental fairness" of protecting folks from property value decreases, suggesting that as the
view decreases, property values decrease. Mr. Angel also suggested that the Stefans knew, or
should have known, about the height restrictions when they purchased the property in question.
Tom Wortman, over of the River Market properties, suggested that approving a three-story
building would set a precedent and force him to ask to build onto his properties. He stated a
three-story building had previously been denied by the Council and didn't see why a three-story
building was being considered at this time.
George Nelson, president of the board of the Stillwater Mills homeowners' association, read a
letter into the record opposing the request. He spoke of the adverse impact of blocking the
views of the Stillwater Mills residents. He showed a visual overlay depicting the visual impact of
the project as viewed from the Mills.
Mike Erpelding, Stillwater Mills unit owner, stated a three-story building would look out of place
at that site. He stated he paid a significant premium for his unit because of the views, and those
views would be destroyed by a three-story building.
Roger Tomten, 718 S. Fifth St., pointed out that the comments about views involve preserving
views across someone's private property, and he noted similar comments were received during
hearings on the proposal to construct the Mills project, a four-story structure where once there
had been a one-story structure. He spoke of good planning principles and the efficiency of
utilizing the existing infrastructure. He spoke of the struggle to keep downtown vibrant and
suggested that downtown is missing quality office space that promotes good economic
development. He said the 10 percent infill limitation is just a guideline that was intended to
maintain the Main Street experience; he suggested that guideline shouldn't come into play in
regards to this site. Mr. Tomten said he thought this was a good project, one that meets the
intent of the Comprehensive Plan more than a two-story building would.
Mark Harold, Stillwater Mills, agreed with Mr. Angel's comments. He spoke of the "fairness
issue", noting they purchased their unit in October 2006 when the Council had approved only a
two-story structure. He said many people based their decision to purchase units on the fact that
only a two-story building had been approved for the site.
2
"
City of Stillwater
Planning Commission
October 13, 2008
height is measured from/to, and a perspective of the building as viewed from the river. Ms.
Block said she would like information about the height of the buildings on the other corners. Mr.
Dahlquist wondered whether any of those questions relate to the variance to the infill
requirements, noting this has been voted upon before and nothing has changed from his
perspective. Mr. Dahlquist suggested that if the developer came back with a revised design that
separates this building from the adjacent building, that would be an entirely different matter.
Mr. Kalmon moved to table Case No. 08-44 pending additional information from staff. Mr.
Wolden seconded the motion; motion passed unanimously.
OTHER BUSINESS
Discussion on Business Park siqnaqe - Mr. Pogge reviewed the staff report and comparisons of
the Stillwater and Oak Park Heights' sign regulations. Mr. Milbrandt noted that what has come
before the Commission in the past has been requests for two signs, suggesting that the current
ordinance limiting signage in the Highway 36 business district to one sign, pylon or wall sign,
per property is a "little tight." Mr. Milbrandt said he would be willing to direct staff to revise the
ordinance to allow two signs. Mr. Pogge suggested that the issue of multi-tenant buildings
should be addressed, as the Commission likely wouldn't want multiple pylon signs. Mr.
Dahlquist pointed out the Lake Elmo Bank has a pylon and two wall signs as it has two
frontages and suggested the issue of two frontages be addressed, as well. Mr. Wolden asked if
the revision would apply to all commercial districts or whether the special districts, such as
along Curve Crest Boulevard, would be retained; Mr. Pogge stated the special districts would be
retained. It was consensus to direct staff to prepare revised ordinance language allowing two
signs, addressing the issue of multiple frontages and multiple tenant buildings.
· Mr. Pogge stated the final draft of the Comprehensive Plan would be sent out Oct. 21,
with the Planning Commission to review the document at its Nov. 10 meeting, with
discussion at a special session on Nov. 25.
· Mr. Pogge stated the sidewalk sign committee has developed a recommendation that
will likely be submitted to the Commission in December.
· There was discussion about upcoming vacancies on the Commission and a reminder to
those whose terms expire to submit their applications if they desire reappointment. It
was noted that all applicants will be interviewed.
Mr. Milbrandt, seconded by Mr. Kalmon, moved to adjourn at 8:55 p.m. Motion passed
unanimously.
Respectfully submitted,
Sharon Baker
Recording Secretary
4
~~~~
'HE" BIRTH?",! 0' MiNIJl.i;OIA ')
TO:
FROM:
Planning Commission
Bill Turnblad, Community Development Director'~
November 6,2008
DATE:
RE:
Review Draft of 2030 Comprehensive Plan
As you know, the City has been working on its comprehensive plan update for almost two years
now. The review draft of the updated plan is nearly ready to be released to surrounding cities
and other jurisdictions for their comments.
The review draft was sent out to the Planning Commission on October 17,2008. It has already
been considered by the Comprehensive Plan Steering Committee, the Downtown Plan Steering
Committee, the general public, the City Council, the Heritage Preservation Commission, and the
Joint Planning Board. In addition, the Park and Recreation Commission was closely involved in
the drafting and review of the Park & Trail Chapter. In each instance, no changes of substance
were suggested.
City staff will present a summary of the plan to the Plmming Commission at the work session
scheduled for 6:00 PM on November 10 at the City Council chambers. At that work session the
Planning Commission only needs to discuss the plan. Fonnal action by the commission is not
necessary until November 19, 2008 when a public hearing will be held.
The version of the plan sent to the Planning Commission was printed in black and white. A full
color version is available on the City's website at http://www.ci.stillwater.mn.us where you will
find a link to the review draft.
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'HF BiRTH!'iAC! OF MiNf4f_:~Ol,l\ ~
Planning Commission
DATE:
November 5, 2008
CASE NO.: 08-40
APPLICANTS:
Sharon Price of Washington County
REQUEST:
Street vacation of a portion of Panama Ave and Hubert St
LOCATION:
Washington County Government Center
COMPREHENSIVE PLAN DISTRICT:
P A - Public Administration
ZONING:
P A - Public Administration
PC DATE:
~ovember10r2008
REVIEWERS:
Community Dev. Director and City Engineer
Michel Pogge, City Planner vS{(
PREPARED BY:
DISCUSSION
The applicant is requesting the vacation of a portion of Panama Ave along the south
side of the Washington County Government Center site and a portion of Hubert St
along the east side of the site. The County is currently in the process of completing a
boundary registration of the site and would like to incorporate these two streets in their
site in order to have a more uniform boundary.
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. There are no utilities in Hubert Street and staff does not anticipate the
need for any in the future.
b. In Panama Ave ~ there is a water main that services the Government
Center and the property at 15055 60th St N and a storm sewer that serves
the Government Center and an area north of the Government Center. An
easement needs to be reserved for this water main and storm sewer main.
~
P' Waspington County ROW Vacation Request
Page 2
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. Easements need to be reserved for the water main and storm sewer main
in Panama Ave N.
b. An easement needs to be secured so that the property owner at 15055 60th
St N can have ingress/ egress rights over property owned by the
government center in order to access their property.
FINDINGS
With the easement reservations for water main and storm sewer main and a new
easement for ingress/ egress over property owned by Washington County for the
benefit of the property owner at 15055 60th St N the proposed right-of-way vacation will
not be injurious to the general public.
ALTERNATIVES
The City Council has the following options:
1. Recommend that the City Council approve the right-of-way vacation as
requested. Staff would suggest the following conditions for approval:
a. An ingress/ egress easement over property owned by Washington
County to and for the benefit of the property at 15055 60th St N be
recorded in conjunction with the right-of-way vacation.
b. Easements be reserved for water main and storm sewer main located
in Panama Ave N.
2. Recommend that the City Council deny the right-of-way vacation as
requested. A denial needs to be accompanied with substantive findings of
fact.
3. Continue the public hearing until the December 8, 2008 Planning Commission
meeting.
STAFF RECOMMENDATION
That the Planning Commission recommend City Council approve the right-of-way
vacation request as conditioned.
Attachments:
Applicanf s request and Site Plan.
-fee $250
Receipt No.
Cnty of SttoUwatelr
PETITiON TO VACATE PUBLIC STREET
The Undersigned Hereby Petition That AI/ That Portion of
:5,'<2 E - (, +1--0(' Il(J ck
ABU7TING LOTS , Block
Addition/ in the city of Stillwater, hereby be
vacated.
NAME
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*Attach a map showing the street to be vacatedD
S:\Planning\street vacation application petition.wpd
CITY HALL: 216 NORTH FOURTH STILLWATER, MINNESOTA 55082 PHONE: 651-430-8800
PET~TION TO CITY OF STILLWATER
TO VACATE PUBLIC STREETS
Narrative Background:
Washington County is in the process of completing a boundary registration of its Campus Center located
in the City of Stillwater. As part of that process parts of Panama Avenue and Hubert Street are located
within that boundary registration area, Washington County is seeking vacation ofthese streets to
incorporate them into the final boundary survey.
Both Panama Avenue and Hazel Street were annexed into the City of Stillwater by Order from the Office
of Administrative Hearings on November 10, 2005 legally described in the annexation document as:
"... that pmi of Panama Avenue North (platted as Hazel Street) of McMillan and Cooley's
Addition to Stillwater, MN..." and
"... that part of Hubert Street...".
Washington County has acquired all the surrounding parcels to these street portions and is the owner of
property immediately adjacent to both sides of each of these streets. I have attached a map showing the
area to vacate on both Panama Avenue and Hubert Street together with an aerial diagram of the same.
Application Portion:
The Undersigned Hereby Petition That All That Portion of
All that part of Panama Avenue North, platted as Hazel Street in the plat of
McMILLAN AND COOLEY'S ADDITION TO STILLWATER, lying northerly of the
following described Line A, and southerly of the following described Line B:
Line A is described as beginning at a point on the east line of the Southeast
Quarter of the Southeast Quarter of Section 33, T30N, R20W, 262.83 feet north
of the southeast corner thereof; thence westerly parallel with the north line of
Block 8 in said plat to the west line of said Block 8 and said Line A there
terminating.
Line B is described as commencing at the northeast corner of Lot 30, Block 5 in
said plat; thence South 00 degrees, 00 minutes, 51 seconds West, along the
east line of said Lot 30, 20.00 feet to the point of beginning of Line B; thence
South 89 degrees, 42 minutes, 24 seconds East 29.85 feet to said east line of
the Southeast Quarter of the Southeast Quarter and said Line B there
terminating. (PANAMA Description)
Abutting Lots Lot 30, Block 5 and Lot 1, Block 8 in McMillan and Cooley's Addition to
Stillwater;
AND
- 1 -
All That Portion of
All that part of Hubert Street in the plat of MURDOCK'S ADDITION TO OAK
PARK, lying westerly of Paris Avenue North, platted as Seventh Street in the plat
of ELFEL T'S ADDITION TO OAK PARK, and lying easterly of the northerly
extension of the west line of Lot 2, Block 2 in said MURDOCK'S ADDITION TO
OAK PARK.
Abutting Lots Lots 27 and 28, Block 1 and Lots 1 and 2, Block 2 in Murdock's Addition to Oak
Park,
hereby be vacated.
In addition, a property located at 15055 60th Street North in the City of Oak Park Heights currently
accesses this parcel via a road easement over Washington County property off of Panama Avenue.
As part of the vacation of Panama Avenue, Washington County would retain an easement for road
purposes to this parcel at 15055 60th Street North in the City of Oak Park Heights described as follows:
An exclusive easement for driveway purposes over, under and across the following described
property:
See - "PANAMA Description" Above
Said easement is to be used solely for ingress and egress to and from the
Grantee's property located at 15055 North 60th Street, Stillwater, Minnesota, and
is restricted to a strip of land 28 feet wide, being 14 feet on either side of the
following described centerline:
Commencing at the southeast corner of Section 33, T30N, R20W, Washington
County, Minnesota; thence NOooOO'13"W, bearings are based on the
Washington County Coordinate System NAD83, 1986 adjustment, along the
east line of the southeast quarter of said Section 33 a distance of 299.73 feet to
the northerly right-of-way line of Minnesota Trunk Highway No. 36; thence
N89054'14"W along said northerly right-of-way line 5.20 feet to the point of
beginning of the centerline to be described; thence northerly 30.76 feet along a
non-tangential curve concave to the west, having a radius of 90.00 feet, a central
angle of 19034'49" and a chord bearing N09047'11 "E; thence NOooOO'13"W,
tangent to said curve, 80.63 feet; thence northeasterly along a tangential curve,
concave to the southeast, having a radius of 32.00 feet and a central angle of
90036'08", a distance of 50.60 feet to its intersection with the centerline of an
existing 28 foot wide driveway easement and said centerline there terminating.
The sidelines of said easement are prolonged or shortened to terminate at the
northerly lines of Minnesota Trunk Highway No. 36.
- 2-
There are no utilities located within Hubert Street, however, there is storm sewer located within Panama
A venue and a watermain that passes through Panama A venue that are for both the Campus Center and
residents of the City of Oak Park Heights.
Washington County would also reserve a storm sewer easement and water main easement over that part
of Panama Avenue legally described as follows:
A perpetual easement for storm sewer purposes over, under and across the following described
property:
See - "PANAMA Description" Above
Said easement is to be used solely for the maintenance of existing storm sewer,
and is restricted to a strip of land 30 feet wide, being 15 feet on either side of the
following described centerline:
Commencing at the southeast corner of Section 33, T30N, R20W, Washington
County, Minnesota; thence NOooOO'13"W, bearings are based on the Washington
County Coordinate System NAD83, 1986 adjustment, along the east line of the
southeast quarter of said Section 33 a distance of 299.73 feet to the northerly
right-of-way line of Minnesota Trunk Highway No. 36; thence N89054'14"W along
said northerly right-of-way line 13.59 feet to the point of beginning of the centerline
to be described; thence NOoo19'36"W 161.75 feet; thence N01017'06"E 91.80
feet; thence S89001'04"W 75.87 feet; thence S88058'30"W 48.85 feet; thence
S89044'44"W 100.44 feet; thence N39038'50"W 214.78 feet; thence
S89054'46"W 178.98 feet; thence N84056'11"W 75.98 feet more or less to the
easterly line of Oxboro Avenue North and said centerline there terminating.
The sidelines of said easement are prolonged or shortened to terminate at the
northerly lines of Minnesota Trunk Highway No, 36, and the easterly line of
Oxboro Avenue North.
A perpetual easement for water main purposes over, under and across the following described
property:
See "PANAMA Description" Above
Said easement is to be used solely for the maintenance of existing water main,
and is restricted to a strip of land 30 feet wide, being 15 feet on either side of the
following described centerlines:
Commencing at the southwest corner of Section 34, T30N, R20W, Washington
County, Minnesota; thence NOooOO'13"W, bearings are based on the
Washington County Coordinate System NAD83, 1986 adjustment, along the
west line of the southwest quarter of said Section 34 a distance of 262.86 feet to
the northerly right-of-way line of Minnesota Trunk Highway No. 36; thence
S89024'06"E 14.60 feet to the point of beginning of the centerline to be
- 3 -
described; thence N01 o1T13"W 1 06.85 feet; thence N01013'23"E 110.16 feet
to the hereinafter referred to "Point A"; thence N88031 '24"E 179.51 feet;
thence N71053'01"E 48,39 feet; thence N52022'28"E 51.62 feet; thence
N4r24'08"E 53,59 feet; thence N46008'39"E 1 06.08 feet; thence
N25046'45"E 22,57 feet; thence N04045'37"E 20.28 feet; thence N01056'56"W
28,21 feet; thence N1r34'41"W 18.35 feet; thence N06058'48"W 14.61 feet;
thence S8902TOO"E 49.01 feet; thence N7504T11"E 17.98 feet; thence
N51018'48"E 33.87 feet; thence N32032'43"E 29.91 feet; thence N0403T54"E
18,71 feet; thence N89003'31"E 105,22 feet more or less to the westerly line of
Paris Avenue North and said centerline there terminating.
ALSO, beginning at the hereinbefore described "Point A"; thence NOoo53'23"W
24,95 feet; thence NOr09'57"W 34.53 feet; thence NOoo19'38"E 201.85 feet;
thence West 17,58 feet; thence SOoo18'14"W 149.05 feet; thence S01 oOT05"E
112.10 feet; thence N89048'15"E 19.73 feet to said "Point A" and said centerline
there terminating,
The sidelines of said easement are prolonged or shortened to terminate at the
northerly right-of-way lines of Minnesota Trunk Highway No. 36 and the westerly
line of Paris Avenue North.
- 4-
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'I1F ijIR'HPlACr OF MiNNI~OlA ')
Planning Commission
DATE:
November 5, 2008
CASE NO.: 08-47
APPLICANT:
Donald and J anine Harvieux
REQUEST:
Variance to the rear yard setback for the construction of an in
ground outdoor pool
LOCATION:
224 Rutherford Rd
COMPREHENSIVE PLAN DISTRICT:
SFLL - Single Family Large Lot
ZONING:
TR - Traditional Residential
PC DATE:
November 10, 2008
PREPARED BY: Michel Pogge, City Planner ~~
REVIEWERS:
Community Development Director, City Planner
DISCUSSION
The applicant is requesting a variance to allow the construction of a pool on the corner
lot at Rutherford Road and Melville Court. As defined in the zoning code, the front
yard on this property is along Melville Court since the front door faces Melville Court
(even though the home is addressed off Rutherford Road). A variance is being
requested to Chapter 31-514 Subd 5.1 of the Stillwater City Code in order to allow the
pool to be located in an area outside of the rear yard.
The home currently exists on Lot I, Block 2 of Liberty on the Lake 4th Addition. The
pool is proposed to be constructed on Lot 2, Block 2 of Liberty on the Lake 4th Addition,
which is a vacant undeveloped lot adjacent and to the south.
The proposed pool will meet all other zoning requirements including impervious
surface requirements.
1 Subd. 5, Swirrnning pool locations. All swirrnning pools or appurtenances thereto shall be located in the rear yard
at a distance of at least ten feet from any property line (see Chapter 33-2 for additional requirements).
224 Rutherford Road
Page 2
EVALUATION OF REQUEST
A variance may be granted only when all of the following conditions are found2:
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 home was built for the current property owner in the Fall of 2001 with it
being completed in the spring of 2002. The home was build with the front door
facing Melville Court; however, the home's front fa<;ade appears to face
Rutherford Road. The code defines the front yard to be opposite of the front
door. Due to this, by code, the rear yard is the west side of the lot.
Currently the City has an easement for the sanitary sewer lift station that is
located on the west side of the lot. Due to the easement, a pool cannot be built in
this location. This easement was in place prior to the purchase of the lot by the
current property owner.
Additionally, since a pool is considered an accessory use it cannot exist on a lot
by itself. Therefore, the vacant lot must be combined with the lot with the home
before the City can issue a building permit. When this occurs, the vacant lot
becomes subject to the same setback standards that exist on the lot with the
home. These standards severely restrict the possible location of a pool. With the
appearance and function of the home and considering this area feels and acts as a
rear yard staff believe this case meets the hardship test.
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 as Traditional Residential which allows single-family
uses. Without the variance a pool would be difficult to construct on the
developed due to the sanitary sewer lift station that is located on the western
portion of the lot. Due to the easement the property owner's ability to construct
a pool on their developed lot is severely restricted. Therefore, it appears that
without the variance the property owner would be denied property rights that
others in the area could enjoy.
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.
The proposed location of the pool is approximately 51 feet from the east property
line, 35 feet from the west property line, and 70 feet from the south property line.
Due to these setbacks, the authorizing of the variance will have negligible impact
to adjacent properties.
2 City Code Ch. 31-1, Subd, 30.(2).d
224 Rutherford Road
Page 3
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.
ALTERNATIVES
The Planning Commission has the following options:
1. Approve the variance to allow a pool to be located outside the rear yard [31-
514 Subd. 5]. Staff would suggest that the following conditions for approval:
a. The pool, underground footings, and associated pool equipment shall
be located outside all easements.
b. Lot I, and Lot 2 of Block 2 of Liberty on the Lake 4th Addition shall be
combined prior to the issuance of a building permit
c. All revisions to the approved plan shall be reviewed and approved by
the Community Development Director.
2. Deny the variance to allow a pool to be located outside the rear yard [31-514
Subd.5]. With a denial, the basis of the action should be given.
3. Continue the public hearing until the December I, 2008 Planning Commission
meeting. The 60-day decision deadline for the request is December 18,2008.
RECOMMENDATION
Review and take an action
Attachments:
Applicant's Form, Letter, and Site Plan
Case 08-47
, .
224 Rutherford Rd
Pool Variance
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City of Stillwater, MN
Community Development Department
216 North Fourth Street
Stillwater, MN 55082
651-430-8820 - 651-430-8810 fax
1 inch = 60 feet
October 17, 2008
Valley Pools and Spas of Hudson
1500 Crestiview Drive
Hudson, Wi 54016
To the Planning Commission:
We are asking for a variance on behalf of the Donald and Janine Harvieux family to build
an inground pool on Lot 308, 308 Melville Ct. N. in Stillwater .The pool ordinance does
not allow for an inground pool to be built on a side lot. In this particular situation, we do
not anticipate any adverse affects to adjoining properties.
We are asking for a variance on Lot 224 and Lot 308, addresses 224 Rutherford and 308
Melville Ct. N. respectively, which will become one lot, with the pool located on what
will become 224 Rutherford. With no apparent front door on Rutherford, the conclusion
is the front of the house faces Melville.
We have also submitted an application to the Liberty on the Lake Association.
Thank you,
Gayle Schneider
President
Valley Pools and Spas of Hudson
715-381-0111
Check list for
Planning Applications
Incomplete or unclear applications/plans will be returned to the applicant and may result in
delay of application processing. .
Check and attach to application.
~ The application form completed and signed by the property owner or owners authorized
representative.
~ A complete legal description of subject property.
o Building plans clearly dimensioned and scaled (16 copies).
~ The site 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).
BQ. All adjacent streets or right of ways labeled.
~ Location, elevation, size, height of building or addition, dimensions, materials and proposed use of all
buildings and structures (including walls, fences, signs, lighting and hooding devices) existing and
proposed for the site (if the site is in a Historic District, additional design detail maybe required).
o Distances between all structures and between all property lines or easements and structures.
o Show Adjacent buildings to this application site and dimension from property line.
~ All major existing trees on the site (4 inch caliber or greater), giving type, location, size and other site
coverage conditions.
~ Show existing significant natural features such as rock outcroppings or water courses (existing and
proposed marked accordingly).
Nrb Locate all off-street parking spaces, driveways, lo~ding docks and maneuvering areas with dimensions
for driveway widths and parking space sizes.
~ Pedestrian, vehicular and service points of ingress and egress; distances between driveways and
street corners.
~ Landscape plan showing number of plants, location, varieties and container sizes (landscape plan).
JXJ Existing and proposed grading plan showing direction and grade of drainage through and off the site;
indicate any proposed drainage channels or containment facilities.
f!Il1- Required and existing street dedications and improvements such as sidewalks, curbing and pavement
(may not be required).
~ Letter to the Planning Commission describing the proposed use in detail and indicating how this use
will effect and compatibility with adjacent uses or areas.
;m- Applications for new structures on slopes of 12 percent or greater must include an accurate
topographic map. The map must contain contours of two-foot intervals for slopes of 12 percent or
greater. Slopes over 24 percent shall be clearly marked.
o Other such data as may be required to permit the planning commission to make the required findings
fo roval of the specific yp of application.
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Planning Commission
DATE:
November 5/ 2008
CASE NO.: 08-46
APPLICANT: City of Stillwater
REQUEST: A zoning text amendment to the sign regulations to Section 31-509
Subd. 8 through Subd. 11 related to signage in the BP-Business Park
zoning district.
PC DATE: November 10,2008
PREPARED BY: Michel Pogge, City Planner tv14
REVIEWERS: Community Development Director, City Planner
BACKGROUND
On July 14 the Planning Commissio,n held a public hearing and reviewed this request
from Edina Realty for a second sign on the property in the Business Park - Commercial
zoning district. At that meeting, the Commission elected to table the item and request
that the City Council consider an amendment to allow additional signage in the BP
zoning districts. The Council considered the Commission request at their August 12th
meeting and authorized the Commission to draft and consider changes to the BP zoning
districts to allow multiple signs on a single site.
DISCUSSION
Attached are the proposed changes to the BP signage regulations. The basic change is
first to allow more than one sign on each site and second establishes a cap on the total
amount of signage permitted on each individual site.
The cap in signage is established as the "Total Allowable Sign Area" which is of 15
percent of the total building wall surface. Each property is permitted a minimum of 100
square feet and a maximum of 300 square feet of total allowable sign area. For
buildings that face two or more street frontages the average of the building wall
surfaces facing a public street are used to calculate the total allowable sign area. This
formula is similar to that used in Oak Park Heights and it makes sense to have
consistent signage on both sides of the highway 36 corridor.
BP Signage
Page 2
The existing limits of 1 square foot of building signage per linear foot of building
frontage would remain. Additionally, each property would still be limited to 1
freestanding sign that is up to 100 square foot in size. The combined square footage of
all of these signs is required to remain under the "Total Allowable Sign Area".
Related to Edina Realty they have 1050 square feet of wall surface (70' by 15') facing
Highway 36. Fifteen percent of the wall surface is 157.5 square feet. Using this
proposed ordinance change, Edina Realty existing 100 square foot freestanding sign and
54.58 square foot building sign would be permitted.
NOVEMBER 3, 2008 HERITAGE PRESERVATION COMMISSION MEETING
The Heritage Preservation Commission reviewed the proposed code. Staff made
changed to the code to address the HPC s suggestions. The Commission made no
formal recommendation to the Planning Commission on the amendment.
AL TERNATIVES
The Planning Commission has the following options:
1. Recommend that the City Council approve the proposed code amendments.
2. Recommend that the City Council deny the proposed code amendments.
3. Continue the public hearing until the December I, 2008 Planning Commission
meeting.
RECOMMENDATION
Review and take an action
Attachments: Applicanf s Form, Letter, and Site Plan
Subd 8. Permitted signs by a sign permit in BP-business park districts. All commercial, office and
industrial signs in all BP districts are subject to the following conditions: One 'NJII, frcest~.mdiRg,
awrnRg or canopy sign per business is permitted subject to the following requircm~
(a) Number of signs. A property may have onefreestanding sign and as many wall. awning, canopy,
marquee, or multitenant master signs a permitted in this Subdivision 8.
fa-HpJ__Wall signs. Wall signs in the BP district shall meet the following requirements:
(1) Area. The gross surface area of a wall sign may not exceed one square foot for each foot of
building, parallel or substantially parallel to the front lot line.
(2) Location. A wall sign must be located on the outermost wall of any principal building but
may not project more than 16 inches from the wall to which the sign is affixed. The location
and arrangement of all wall signs is subject to the review and approval of the community
development director.
(3) Height. A wall sign may not project higher than the parapet line of the wall to which the
sign is affixed or 20 feet as measured from the base of the building wall to which the sign is
affixed, whichever is lower.
(4) Special conditions. Where a principal building is devoted to two or more uses, the operator
of each use may install a wall sign upon each share ofthe building. _A sign plan must be
submitted forthe entire building that shows the location, sizes, types and elevations of all
signs. Upon submittal of a sign permit request for an operator within a multiple-use or
multiple-tenant building, proof must also be provided by the applicant that a sign plan has
been approved for the entire building. If no such sign plan has been approved by the
Heritage Preservation Commission, then a sign plan shall be submitted and approved by the
Heritage Preservation before a sign permit may be approved for the single operation or use
in question. The signs are subject to the following restrictions:
i. All signs must be visually consistent in location, design and scale.
ii. The total gross signage for the entire building shall not exceed one square foot for each
foot of building face parallel, or substantially parallel, to a street lot line or a minimum
of 25 square feet per business, whichever is more.
(b-HIL____Freestanding signs. Freestanding signs in the BP district shall meet the following
requirements:
(1) Area. The gross surface area of a ground sign may not exceed 100 square feet for each
exposed face nor exceed an aggregate gross surface area of 200 square feet.
(2) Location. A ground sign must be set back 15 feet from the front or side property line.
(3) Height. A ground sign may not project higher than 25 feet, as measured from base of sign or
grade of the nearest adjacent roadway, whichever is lower. The height of signs shall also be
subject to provisions outlined in Subd 11 (special sign height limits) of this section.
(4) Number. There may be one freestanding sign per development site.
fEH_9J__Awning, canopy or marquee signs. Awning, canopy or marquee signs in the BP district
shall meet the following requirements:
(1) Area. The gross surface area of an awning, canopy or marquee sign may not exceed 50
percent of the gross surface area of the awning, canopy or marquee to which the sign is
affixed.
(2) Location. A sign may be affixed to or located upon any awning, canopy or marquee.
(3) Height. An awning, canopy or marquee sign may not project higher than the top ofthe
awning, canopy or marquee to which the sign is affixed.
MLcl____Multitenant master sign program. Each multitenant or multi-use building is permitted
one ^ building mJster sign progrJm is (for multitcnant commcrciJI buildinr:;s) beside-s-#te
individual ten;:mt Jnd occupant signs. ^ building master identification sign ~
according to the following requirements:
(1) Building master identification signs may not contain the names of any tenants or occupants
of the center.
(2) If the multitenant commercial building has a floor area of 40,000 square feet or less, the
building may have a freestanding sign with a maximum of one square foot of sign for each
five feet of building frontage or 40 square feet maximum with a maximum height of eight
feet.
(3) If the multitenant commercial building has a floor area greater than 40,000 square feet, but
less than the 100,000 square feet, the entry may have a master identification sign with a
maximum of 75 square feet on each side and with a maximum height of 20 feet.
.L4Llf the multitenant commercial building has a floor area of greater than 100,000 square feet,
the center may have a master identification sign with a maximum area of 120 square feet on
each side and a maximum height of 25 feet.
(-e-HJt__._. Total Allowable Sign Area. The total aggregate sign area allowed on a property for all
signs permitted in subparts (a) through (e) above shall be as follows: a minimum of 100 square
feet; and at a rate of 15% of the building wall area facing a public street, up to a maximum of
300 square feet. Whan a building faces two or more public street, the building 'Nail area shall be
determined by qdding the wall area of each building wall that faces a public street and dividing
by the number of public streets the building faces.
Subd 9. Directory signs. Directory signs are used to guide pedestrians to individual businesses within a
multitenant commercial area and are permitted in BP business park districts, subject to design
review. The sign area used in a directory signs shall not be calculated against the Total Allowable
Sign Area in Subdivision 8.
(a) Placement. Directory signs must be placed on the site of the development and may be erected
only in internal pedestrian access areas and not in vehicle access areas.
(b) Area. A directory sign may have maximum area on one square foot for each business listed on
the sign and four square feet for the name of the building or complex.
(c) Size. Directory signs may be freestanding but may not exceed 6 1/2 feet in height.
(d) Use. A directory sign may only be used for directions and identification.
Subd 10. ^utomobile service station signs. J\utomobile service stJtions mJ'I hJ'Ie one wall sign
and one ground sign, subject to thc follmving conditions:
(a) Wall signs. There may be no morethJn one wall sign '>.^lith a ma)<imum sign ilreJ of one square
foot for each linear foot of buildinG frontJgc.
(b) Freestcmding signs. Thcre may be no more thJn one freestanding sign for CJch principJI
building. ^ freQstanding sign may be set bJck 15 feet from the front Jnd side propertyline.^
frcestanding sign ma'y' not project higher than 20 fcet as mcasured from grade or contJin more
than 65 square feet of signage.
~Service ba'l and island identification signs. Service bay and island identification signs are
permitted providing direction or instruction to persons using the facility but containing no
advertising material.
t€1fQL._ ---Total /\lIowablc Sir::n ,A,rea. In no CJse shJIl the totJI sir::nJge on the propertv c)(ccc:d the
Totzli Nl-ewablc Sign Area outlir:l€:fl-.i.fl-&e€tkJn 31 509, Subd. 8 (J1
Subd 11. Subd 10. Special sign height limits. Because of the character of the area, including existing and
proposed land use, special sign height limits for freestanding signs are required for certain
streets as follows:
td-t~__Curve Crest Boulevard from South Greeley to Washington Avenue and Orleans from
Washington Avenue to County Road Five, six feet.
te1ill____County Road Five from Highway 36 to Croixwood Boulevard and South Greeley from
Orleans to Highway 36, 20 feet.
ff-}.lrsL___.__Washington Avenue from Tower to Orleans Street, six feet.
L5till~e~
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"""'- .- "-
THt- 8IR'fHPiAC[ or- M;N~Jf.:-:;OIA, .)
Planning Commission
DATE: November 5,2008
ITEM: Proposed Guidelines for Downtown Sidewalk Signs
CPC DATE: November 10, 2008
REVIEWERS: Community Dev. Director
PREPARED BY: Michel Pogge, City PlannerM'<<
DISCUSSION
After a request from the Downtown Merchanfs Association the City Council appointed
8 members to a task force to develop guidelin~s for sidewalk signage in Downtown
Stillwater. This task force included members from the Heritage Preservation
Commission, Planning Commission, the Downtown Merchanf s Association, and at-
large members.
The task force met on August 20 and October 8. The task force looked at several areas
including the completion of a visual preference survey; the right-of-way, street, and
sidewalk width of historic communities in central Minnesota; and draft sidewalk sign
guidelines from the Greater Stillwater Chamber of Commerce. With a fairly clear and
concise set of guidelines the task force elected to use the chamber's suggested
guidelines as a base for the sidewalk sign guidelines. The attached guidelines are
recommended by the task force to the HPC, Planning Commission and City Council for
their consideration.
City Staff have reviewed our ordinances. As they currently stand, the ordinances
permit the Council to grant exceptions and allow temporary signs in the right of way
for a specified period of time. The policy as written meets this code requirement.
NOVEMBER 3,2008 HERITAGE PRESERVATION COMMISSION MEETING
The Heritage Preservation Commission reviewed the request at their November 3rd
meeting and recommended that the Planning Commission and City Council approve
the proposed sidewalk side policy as presented.
RECOMMENDATION
Review and make a recommendation to the City Council on the proposed guidelines.
Bill Turnblad
From:
Sent:
To:
Subject:
Bill Turnblad
Wednesday, November 05, 2008 1 :29 PM
Sheila Wiegand
Vern Stefan's variance
.--'
Sheila,
Vern Stefan asked me on the phone today to remove the their variance request (Case 08-44) from the Planning
Commission agenda of November 10,2008. He asked us to table to application until he notifies us further. This
suspends the 60 day statutory review time limit.
Bill Turnblad
Commuity Development Director
City of Stillwater
651.430-8821 (direct)
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