HomeMy WebLinkAbout2008-01-14 PC Packet
r illwater
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THE BIRTHPLACE OF MINNESOTA ~
CITY OF STILLWATER
PLANNING COMMISSION
NOTICE OF MEETING
MONDAY, JANUARY 14,2008
The City of Stillwater Planning Commission will meet on Monday, January 14, 200S, at 7
p.m. in the Council Chambers of Stillwater City Hall, 216 North Fourth Street.
AGENDA
1. CALL TO ORDER
2. APPROVAL OF December 10, 2006 MINUTES
3. PUBLIC HEARINGS
3.01. Case No. 07-29. A requestto remove a Condition of Approval from a previously
approved variance to the required lot size a maximum allowed impervious
coverage for the construction of an addition located 105 Lakeside Drive in the
RB, Two Family Residential District. Mark Smith, applicant.
3.02 Case No. 07-51. A preliminary plat that subdivides one lot into four lots, a
rezoning from AP, Agricultural Preservation, to LR, Lakeshore Residential, and a
variance to the lot width requirements located at 1133 Nightengale Blvd. Damon
Francis, Advent Builders, representing Bryan and Joni Heller, applicant.
3.03 Case No. OS-01. A special use permit for a Jeunesse Skin Rejuvenation skin care
business out of a residence located at 1047 Delano Way in the CR, Cottage
Residential District. Kara Huelsmann, applicant.
3.04 Case No. OS-02. A special use permit and related variances for an accessory
dwelling unit located at 522 West Oak Stre~t in the RB, Two Family Residential
District. Mark Balay, representing Karl Diekman, applicant.
3.05 Case No. OS-03. A minor Planned Unit Development Amendment and
Developers Agreement Amendment for Settlers Glen Sth Addition. Tim Fohr,
representing US Home Corporation, applicant.
3.06 Case NO.OS-04. A special use permit request to replace an existing transmission
structure with a new building and to allow the installation of a small studio in a
residential district for the continued use of a business located at 114 Brick Street
in the RA, Single Family Residential District. Cameron Kelly, representing Daniel
and Gretchen Smith, applicant.
4. OTHER BUSINESS
4.01 Reappointment Policy
CITY HAll: 216 NORTH FOURTH STREET · STillWATER, MINNESOTA 55082
PHONE: 651-430-8800 . WEBSITE: www.ci.stillwater.mn.us
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Planning Commission
DATE:
January 10, 200S
CASE NO.: 07-29
PROPERTY OWNER:
Mark Smith
REQUEST:
Revision to previously approved variances to the Bluffland
Shoreland Regulations for a 5S7 square foot addition to an existing
single-family residence by removing the condition that the addition
be painted an earth tone color.
LOCATION:
105 Lakeside Dr
COMPREHENSIVE PLAN DISTRICT:
SFLL - Single Family Large Lot
ZONING:
RB - Two-family District
OVERLAY ZONING:
BlufflandjShoreland Overlay District
PC DATE: January 14, 200S
REVIEWERS: Community Dev. Director
PREPARED BY: Michel Pogge, City Planner
DISCUSSION
The City Planning Commission reviewed the original request at their June 11, 2007
meeting. A copy of the original staff report has been attached for your reference. The
Commission approved the request with eight conditions of approval. The applicant is
requesting an amendment to his approved variance by removing the third condition
that stated:
3. The structure shall use earth or summer vegetation colors should the MN-DNR
make the request.
105 Lakeside Dr
Page 2
,
PROJECT HISTORY
The City Planning Commission reviewed the original request at their June 11, 2007
meeting and approved the request with eight condition of approval. On June 27, 2007
Mr. Mark Smith returned a signed copy of the zoning use permit that stated "We accept
the condition of the permit."
Since this property is located in the St. Croix Riverway District the variance is required
to receive certification by the DNR prior to becoming effective. On June 28, 2007 the
City submitted the variance for review and certification by the DNR. The DNR certified
the variance on July 12, 2007 and required that the exterior of the structure be painted
an earth or summer vegetation tones. Upon receiving the certification from the DNR,
the City recorded the variance with Washington County with the City's conditions and
the conditions required by the DNR.
REQUEST
The applicant is requesting that the condition that the structure be painted an earth tone
color be removed as a condition of approval.
EVALUATION OF REQUEST
Section 31-401 Subd. 6 (b)(l)iii. of the City Code states:
"iii. The exterior color of new structure, including roofs, shall be of earth or
summer vegetation tones, unless completely screened from the river by
topography."
This same language is in state and federal regulations guiding development along a
natural and scenic riverway.
The home at 105 Lakeside Dr was constructed in 1970, according to the Washington
County Tax Services department. The City's blufflandj shore land overlay regulations
and the designation of the St. Croix River as a natural and scenic riverway occurred in
May of 1974. Therefore the requirement that the exterior color be of earth or summer
vegetation tones would only apply to the new addition and not the entire structure
since the existing structure is not a "new" structure.
The home is located in the second tier of homes away from the St. Croix River and the
addition is on the northwest side of the existing home. Accordingly the new addition
will be barely visible from the St. Croix River. For this reason the applicant is
requesting that he not be required to paint the addition an earth or summer vegetation
tone and be allowed to paint it a blue color similar to the rest of the home.
Staff has discussed this with the DNR and they have indicated that they are not
necessarily supportive of the applicants request. The DNR has indicated that if the City
removes the condition from the zoning use permit when the City submits the variance
105 Lakeside Dr
Page 3
to the DNR for certification then the DNR will take no action on it and simply allow it
to automatically take effect after 30-days of no action by the DNR on the request.
RECOMMENDATION
Review the request and take an action.
CURRENT CONDITIONS FOR APPROVAL
1. All revisions to the approved plan shall be reviewed and approved by the
Community Development Director.
2. The proposed addition to the home shall be limited to 587 square feet.
3. The structure shall use earth or summer vegetation colors should the MN-DNR
make the request.
4. The holding structure shall be approved by the City Engineer and the Minnesota
Department of Natural Resources.
5. Test shall be conducted on the property to insure that the proposed holding
structure can be constructed on the site and property work prior to the issuance of a
building permit by the City.
6. The existing septic system shall be inspected for compliance prior to the issuance of
a building permit. If the system is noncompliant than the property owner shall
connect to the public sanitary sewer system.
7. The applicant shall submit a grading and erosion for review and action by the City
Engineer prior to the issuance of a building permit by the City.
8. The variance shall not become effective until after review and certification by the
Minnesota Commissioner of Natural Resources.
Attachments: Applicant's letter
Original Site Plan Layout
June 7th Staff Report.
June 27th Zoning Use Permit
July 12th DNR variance certification letter
July 25th Zoning Order
FRONT YARD
SEfB.t.CK
Gutter and Holding
structure for approx. 50X of Wood
Roof to mitigate Imp. surface Deck
overage per DNR
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ANte. Co.lcuto. tIons
Allowo.bl~ 20X (2,+48sf'>
Lot 12,2<Wsf
Exo. House 1..398
AddItIon 587
Drlv.wo.y 739
IJo.lI< 87
DKk 118
T oto.l IMp. (2,9295f)
It\p.ArltO.Contl"oUe-d 900sf
~t II'ip. ANro. (2,,029sf)
GENERAL
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Planning Commission
DATE:
June 7, 2007
CASE NO.: 07-29
APPLICANT:
Mark Balay
PROPERTY OWNER:
Mark Smith
REQUEST:
Variances to the Bluffland Shoreland Regulations for a 587 square
foot addition to an existing single-family residence.
LOCATION:
105 Lakeside Dr
COMPREHENSIVE PLAN DISTRICT:
SFLL - Single Family Large Lot
ZONING:
RB - Two-family District
OVERLAY ZONING:
BlufflandjShoreland Overlay District
PC DATE: June 11, 2007
REVIEWERS: Community Dev. Director
PREPARED BY: Michel Pogge, City Planner J1111
DISCUSSION
The applicant is requesting a variance to the blufflandj shoreland overlay regulations to
allow for a 587 square foot addition to an existing single-family residence. Specifically
the property owner is requesting a variance to the minimum lot size requirements of 1
acre, (31-1-23(7)b.1.a), minimum lot width of 150 feet (31-1-23(7)b.1.b) and the
maximum impervious coverage of 20% (31-1-23(7)b.1.i). The subject property is a
12,240 square foot (0.28 acre) parcel of land that is 90 feet wide at the building setback
line.
It should be noted that if the property would be connected to public sanitary sewer,
which today uses a private septic system, the minimum lot size only would be 20,000
square feet with a minimum lot width of 100 feet.
105 Lakeside Dr
Page 2
,
The applicant has proposed to mitigate the effects of the additionally run-off by
controlling approximately 50% of the roof run-off and directing it to an on-site holding
facility that will be constructed as part of this project.
EVALUATION OF REQUEST
When considering a variance in the blufflandj shoreland overlay district the
Commission must consider the following items in making your decision:
1. Preserving the scenic and recreational resources of the St. Croix Riverway,
especially in regard to the view from and use of the river.
The proposed addition is being constructed on the non-river side of the home
and should have no impact on the scenic value of the St. Croix Riverway.
2. The maintenance of safe and healthful conditions.
The home is currently connected to public water. The home currently has a
private septic system with the lateral field located in the northeast corner of the
property. A public sanitary sewer main was installed by the City along the front
of the property in Lakeside Drive. This property could connect to this sanitary
sewer main. The home is accessed from public roads. The addition will be built
in accordance with Minnesota building standards.
3. The prevention and control of water pollution, including sedimentation.
The applicant is proposing to mitigate the effects of the additional run-off by
controlling approximately 50% of the roof run-off and directing it to an on-site
holding facility that will be constructed as part of this project. City staff has
concerns that a holding structure may not be possible on this property due to
subsurface conditions. During the construction of the sanitary sewer and water
mains in 2004j2005 the City encountered extensive bedrock and concrete from
the old foundry foundation that existed at one time in this area. These conditions
could make the construction of an underground holding structure difficult, if not
impossible.
4. The location of the site with respect to floodways, slopes and blufflines.
The home is outside the Floodway as identified by FEMA. The property slopes
approximately 6% across the property and meets the slope requirements of the
district. There are no blufflines on the property or within 100 feet of the subject
site's property lines.
5. The erosion potential of the site based on degree and direction of slope, soil
type and vegetative cover.
When compared to other lots in the area and within the City there are minimal
slopes on the property. Vegetation on the property is well developed. In order
to protect from erosion during constriction the property owner shall submit an
105 Lakeside Dr
Page 3
erosion control plan to the City Engineer for review and action prior to the
issuance of a building permit. The City has no information on the soil type in
this area. The City does know that the subsurface of the area contains bedrock
and concrete from an old foundry foundation.
6. Potential impact on game and fish habitat.
The proposed mitigation could actually lower the amount of over land flowage
that will reach the St. Croix River from this site. Conditions for game and fish
habitat in the St. Croix River could be improved with the proposed mitigation.
7. Location of the site with respect to existing or future access roads.
The home has access on a paved public street (Lakeside Drive). No changes are
proposed with this addition.
8. The amount of wastes to be generated and the adequacy of the proposed
disposal system.
The home is currently connected to public sanitary sewer and there is adequate
capacity in that system to support this addition.
9. The anticipated demand for police, fire, medical and school services and
facilities.
The home is currently a single-family home and no change of use is proposed
with the addition. Adequate public support services are available to support this
property.
10. The compatibility of the proposed development with uses on adjacent land.
The home at 105 Lakeside Dr is a single-family home in a single-family
neighborhood. The use is compatible and comparable to the developed land use
pattern of the area.
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 home at 105 Lakeside Dr was constructed in 1970, according to the
Washington County Tax Services department. The City's blufflandj shoreland
overlay regulations were developed in May of 1974. The conditions on the lot
existed prior to the adoption of the ordinance and was not a condition created by
the current home owner.
105 Lakeside Dr
Page 4
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.
Without the approval of a variance the applicant would be denied the
opportunity to add an addition to the existing residence. The property meets all
of the conditions of the RB zoning district and would be allowed to construct the
addition without a variance if it were not in the blufflandj shoreland overlay
district. The mitigation proposed by the property owner will direct
approximately 900 square feet of roof area to an underground holding structure
were it will percolate in to the ground or evaporate. The overall amount of storm
water leaving after this improvement is in place should be reduced from the
current amount of water leaving the property.
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 use will continue to be a single-family home and will meet the minimum
required setbacks for health and fire safety. 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.
FINDINGS
1. That the hardship is peculiar to the property and that it is not created by any
act of the owner. In this context, personal financial difficulties, loss of
prospective profits and neighboring violations are not factors entering into
the justification of a variance.
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.
RECOMMENDATION
Approval as conditioned.
105 Lakeside Dr
Page 5
CONDITIONS FOR APPROVAL
1. All revisions to the approved plan shall be reviewed and approved by the
Community Development Director.
2. The proposed addition to the home shall be limited to 587 square feet.
3. The structure shall use earth or summer vegetation colors.
4. The holding structure shall be approved by the City Engineer and the Minnesota
Department of Natural Resources.
5. Test shall be conducted on the property to insure that the proposed holding
structure can be constructed on the site and property work prior to the issuance of a
building permit by the City.
6. The existing septic system shall be inspected for compliance prior to the issuance of
a building permit. If the system is noncompliant than the property owner shall
connect to the public sanitary sewer system.
7. The applicant shall submit a grading and erosion for review and action by the City
Engineer prior to the issuance of a building permit by the City.
8. The variance shall not become effective until after review and certification by the
Minnesota Commissioner of Natural Resources.
Attachments:
Applicant's Form and Site Plan
Case 07-29
105 Lakeside Dr
Mark Smith
n.JU
o 25 50
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100
I
150
1 inch equals 100 feet
'I
I Feet
200
City of Stillwater, MN
Community Development Department
216 North Fourth Street
Stillwater, MN 55082
651-430-8820 - 651-430-8810 fax
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ORIGINAL
CITY OF STILLWATER
Case No.: 2007-29
Permit Fee: $150.00
Paid: 5/18/2007
ZONING USE PERMIT
Permit Type: Variance
Planning Commission Meeting Date: 6/11/2007
ActionNote: Approved 7-0
Description of Project: Variance to the Bluffland/Shoreland Regulations for
a 587 sqaure foot addition to an existing single-
family residence
Applicant(s): Mark S Salay Architects Inc, Applicant
Mark Smith, Owner
Project Address: 105 Lakeside Drive, Stillwater, MN 55082
Property 10 No.: 2103020140038
Zoning District: RB
Conditions of Approval:
1 All revisions to the approved plan shall be reviewed and approved by the Community Development Director.
2 The proposed addition to the home shall be limited to 587 square feet.
3 The structure shall use earth or summer vegetation colors should the MN-DNR make the request.
4 The holding structure shall be approved by the City Engineer and the Minnesota Department of Natural Resources.
5 Test shall be conducted on the property to insure that the proposed holding structure can be constructed on the site and
property work prior to the issuance of a building permit by the City.
6 The existing septic system shall be inspected for compliance prior to the issuance of a building permit. If the system is
noncompliant than the property owner shall connect to the public sanitary sewer system.
7 The applicant shall submit a grading and erosion for review and action by the City Engineer prior to the issuance of a
building permit by the City.
8 The variance shall not become effective until after review and certification by the Minnesota Commissioner of Natural
Resources.
Page 1 of 2
CITY OF STILLWATER
Case No.: 2007-29
Permit Fee: $150.00
Paid: 5/18/2007
ZONING USE PERMIT
Permit Type: Variance
We accept the conditions of this permit. We understand that any changes from these
plans must be resubmitted for approval.
/J1M f r5~<IlL-.
I Owner or Representative
f)J1JJl
&-;)7- 07
Date
A variance is granted pursuant to the zoning ordinance and is not a substitute for a building permit. A building permit is issued
by the city building official after approval of the plans and payment of the building permit fee and state surcharge.
This zoning use permit will be null and void if the project that is permitted by this variance is not completed within two years
from the date the permit is granted.
Page 2 of 2
Minnesota Department of Natural Resources
DNR Waters, 1200 Warner Road, St. Paul, MN 55106
Telephone: (651) 772-7910 Fax: (651) 772-7977
July12,2007
Mr. Bill Turnblad
City of Stillwater
216 North Fourth Street
Stillwater, Minnesota 55082
RE: Mark Smith impervious S LlTface Variance Request, Stillwater, Washington County
Dear Mr. Turnblad:
The Department of Natural Resources has reviewed the information we received on July 10,
2007, relative to the variance request to construct an addition that exceeds the 20% impervious
surface standard by 481 square feet. Gutters will be used to convey 50% of the roof runoff to an
infiltration structure to mitigate the increase.
After careful consideration of the issues and in accordance with Minnesota Rules, Part
6105.0540, the Department of Natural Resources hereby certifies this variance decision as
complying with the intent of the National Wild and Scenic Rivers Act, the federal and state
Lower St. Croix River Acts, the Master Plan adopted thereunder, and Minnesota Rules, Parts
6105.0351 to 6105.0550.
Additionally, the color of the structure must be maintained as earth or summer vegetation tones.
The infiltration structure must also be maintained in good working condition throughout the life
of the structure. These conditions must be recorded on the deed along with the variance.
Tr I ,'" ~.L A ,- d 1 '. ~." 11 ,rn -t (61""1 ~,..,,..... ""'9'-'
11 you lave any quesLlons, please COI1U:tCt . rea My . lUlOglS[ JYlOllj ,:,[lOdeen J )-1 , i.-{ 1)).
Sincerely,
UJ )~
Dale E. Homuth
Regional Hydrologist
c: Mark Smith
Mark Balay, Architect
DNR Information: 651-296-6157 . 1-888-646-6367 . TTY: 651-296-5484 . 1-800-657-3929
An Equal Opportunity Employer
Who Values Diversity
q~ Printed on Recycled Paper Containing a
f'.~ rVlinimum of 10% Post-Consumer Wastc
DATE:
January 9, 200S
CASE NO.: 07-51
APPLICANT:
Damon Francis, Advent Builders
PROPERTY OWNERS: Brian and Joni Heller
REQUESTS:
Preliminary Plat, Zoning Map Amendment, and Subdivision
Variance
LOCATION:
1133 Nightingale Boulevard
COMPREHENSIVE PLAN DISTRICT:
SFLL - Single Family Large Lot
CURRENT ZONING:
AP - Agricultural Preserve
PROPOSED ZONING:
LR - Lakeshore Residential
PC DATE: August 13,2007
REVIEWERS: Community Dev. Director, Assistant City Engineer
PREPARED BY: Michel Pogge, City Planner
DISCUSSION
The applicant is requesting review and approval of a Preliminary Plat, Zoning Map
Amendment and a Variance to the lot width requirements. The subdivision is called
Nightingale Estates.
The project is located on the east side of Nightingale Blvd, west of Bruer's Pond, and
south of the Croixwood Development. The total project site is 5.23 acre (2.51 acres of
which are above the water level of Bruer's Pond). The site is proposed to be developed
into 4 single family lots, 1lot that will include the existing home and three new lots
along Nightingale Blvd.
Nightingale Estates
January 10, 2008
Page 2
SPECIFIC REQUEST
In order to develop the property as proposed, Advent Builders has requested the
following:
1. Approval of a rezoning of the property from AP, Agricultural Preservation to
LR, Lakeshore Residential;
2. Approval of a Preliminary Plat for a 4 lot single family residential development;
3. Approval of a variance request to minimum lot width for lot 1.
EVALUATION OF REQUEST
1. REZONING
Neighborhood Land Use
follows:
Existing and planned land uses in the neighborhood are as
North
Croixwood Development zoned RA with single-family lots in the range of
11,400 square foot.
Single-family home zoned AP. Property is 5.31 acres in area. Property is
guided for Single Family Large Lot by the Comprehensive Plan.
Bruer's Pond
Nightingale Boulevard
South
East
West
Land Use Compatibilit1.f One of the principle issues to be considered for a rezoning is
whether the proposed change would be compatible with existing and planned uses
within the surrounding neighborhood. This area was developed as rural single-family
lots prior to its annexation into the City of Stillwater. As mentioned above the site is
adjacent to Croixwood development to the north. The applicant has requested the LR,
Lakeshore Residential zoning district to meet the requirements of the Shore land
Overlay District requirements since this property is within 1000 feet of Long Lake.
Existing lots in this area have been redeveloped into smaller lots over time and have
also been rezoned to the LR zoning classification to meet the requirements of the
Shoreland Overlay District. The proposed rezoning to LR would be compatible with
the surrounding uses.
Since the proposed LR zoning for the bulk of the site represents a logical continuation of
the redevelopment that has been occurring in the area and since it meets the
requirements of the guided density of the comprehensive plan and meets the Shoreland
Overlay District requirements, staff finds the proposed LR rezoning to be acceptable.
Nightingale Estates
January 10, 2008
Page 3
II. PRELIMINARY PLAT
A. Minimum Dimensional Standards
Lot size and width
In the LR Zoning District must be at least 20,000 square feet. The lots
range between 20,029 and 44,902 square feetl and meet the required
minimum lot size. The minimum lot width in the LR district is 80 feet,
measured at the midway point between the front and rear lot lines. All of
the lots meet this requirement except for Lot 1. The applicant has required
a variance from the minimum lot width standard for Lot 1 in order that
more regular shaped lots can be created for lots 2-4. This variance request
is discussed later in the report.
Lakeshore Standards
The majority of the subdivision lies within the Shoreland Management
Overlay District for Long Lake. This triggers an entire body of separate
regulations. The LR zoning classification meets or exceeds the
requirements of the Shoreland Overlay District. Since the Lot 1 does not
meet the minimum lot width requirement the City has forward the plans
to the DNR for review and comments. Staff would recommend that as a
condition of approval that the developer address any concerns of the DNR
before the final plan be release for recording.
B. Civil Engineering
The City Engineer has reviewed the preliminary plans and offers the
comments in the attached memo dated December 31, 2007. These
comments should be made a condition of approval prior to the
construction of the utilities or the release of the final plat for recording.
Storm Water
Currently there is an isolated wetland on the property that has no defined
outlet. Today, when the level of the wetland rises due to a seasonal
period of wet weather, the wetland overflows to the south onto the
property at 1165 Nightingale Boulevard.
The proposed development includes a storm water pond that meets the
City standard requirements. Based on the recommendations of City
I This only includes the area of the lots that will not normally be underwater from Bruer's Pond.
Nightingale Estates
January 10, 2008
Page 4
Engineering staff the developer is proposing an emergency outlet pipe to
Bruer's Pond to alleviate flooding concerns for the proposed home sites
and the adjacent property. The pipe would convey water to Bruer's Pond
only in an extreme hydrologic event (greater than both the 1 % probability
rainfall and 10-day snowmelt events). The drainage calculations
demonstrate that the water levels after the proposed site is constructed
will be less than the existing water levels for the required storm events
(2.8-inch, 4.1-inch, 5.9-inch, lOB-inch snowfall). This new pond and
drainage pipe will not eliminate the possibility of water backing up on to
the property at 1165 Nightingale Boulevard; however, it should decrease
the frequency and the overall impact when it does occur.
The attached sketch shows the emergency overflow direction for the
existing wetland and for the proposed storm water pond.
c. Tree Preservation
The developer has submitted a canopy removal plan which is being
reviewed by the City Forester. Staff would recommend that the plan be
approved by the City Forester prior to the construction of the utilities or
the release of the final plat for recording.
D. Park and Trail DediCation
The area, including Nightingale Boulevard in the Croixwood
development, has been developed without sidewalks. Since trails have
not been developed in the area and the size of this site is small staff would
recommend that the developer pay cash-in-lieu of parkland dedication
and trail dedication. This plan will go to the Park and Recreation
Commission on January 2S, 2008 for their consideration. For this
development the total required cash-in-lieu of land dedication and trail
dedication and constriction is $7,500 ($2,500 per single-family lot * 3 new
lots) .
Nightingale Estates
January 10, 2008
Page 5
III. VARIANCE TO THE CITY'S MINIMUM LOT WIDTH REQUIREMENT FOR LOT 1
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.
When considering the hardship criteria there are three questions that need
to be asked; is the request reasonable, has unique circumstances, and are
the code provision essential to the character of the locality.
In this case the developer's engineer prepared a plan that shows they
could configure the lot to meet the minimum lot width requirements
along with all other code requirements. The resulting lot configuration
would result in irregular lots and the preference of the developer was to
create the most rectangular lots possible. Staff agrees that regular shaped
lots are preferable and benefits the future property owners in the long run.
The request for this variance is reasonable, the situation is unique and the
proposal keeps in spirit with the intent of the zoning ordinance.
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 request would not result in any additional density to the
development. It simply allows the developer to create more regular lots.
This variance would not constitute a special privilege not enjoyed by the
neighbors.
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 request would not result in any additional density to the development
that would otherwise be allowed. No other regulations are proposed to be
varied and the normal protections afforded in the code remain. Therefore,
the proposal as submitted will not be a detriment to property owners in
the area and will not impair the purpose and intent of the zoning code.
Since a positive finding on the variance request was made Staff would
recommend that the Planning Commission approve the variance request.
Nightingale Estates
January 10, 2008
Page 6
AL TERNATIVES
The Planning Commission has several alternatives.
A. Table. If the Commission needs additional information then the Planning
Commission could choose to table the request until your February 11, 2008 meeting.
The 60 day decision deadline for the request is February 17, 2008.
B. Approve. If the Commission finds that the proposal acceptable and in the public
interest then the Commission should approve the requested variance and recommend
City Council approval of the Preliminary Plat and Rezoning. If the Commission
recommends approval, staff would recommend, the following conditions of approval:
1. The site shall be developed in substantial conformance with the preliminary
site development plans on file with the Planning Department dated
November 7, 2007.
2. The rezoning will not become effective until the applicants receive Final Plat
approval from the City Council.
3. Final engineering plans shall be reviewed and found satisfactory to the City
Engineer prior to any grading or utility installation. The final engineering
plans shall contain the engineering changes suggested by Torry Kraftson in
the memo dated December 31, 2007 and on file in the Community
Development Department.
4. Development plans shall be reviewed and found satisfactory to the City
Planner prior to any grading or utility installation. The development plans
shall contain the planning changes suggested by Michel Pogge in the memo
dated December 31,2007 and on file in the Community Development
Department.
5. A swale shall be installed along the southern edge of the development to
prevent water from flowing on to the property to the south.
6. A development agreement covering the installation of public utilities and the
payment of applicable development fees shall be executed and approved by
the City Council prior to the release of the final plat for recording or the start
of grading and utility construction, which ever occurs first.
7. The Parks & Recreation Board shall make a recommendation to the City
Council on the park dedication and trail dedication for this development
prior to City Council consideration of the proposal.
8. All utilities, including electrical and communication utilities, shall be buried.
9. The variance to the minimum lot width requirement shall be reviewed by the
DNR prior to the release of the final plat for recording.
10. The developer shall submit the preliminary plans to the Browns Creek
Watershed District for review and comment. Any such comments that the
Nightingale Estates
January 10, 2008
Page 7
City Engineer finds necessary to include in the final plan set shall be included
in the final plat application package.
11. The landscaping and reforestation shall be revised according to comments
from the City Forester's prior to the release of the final plat for recording or
the start of grading and utility construction, which ever occurs first.
C. Approve in part.
D. Denial. If the Planning Commission finds that the development proposal is not
advisable, it could recommend denial. With a denial, the basis of the action should be
gIven.
RECOMMENDATION
Staff recommends that the Planning Commission approve the requested variance and
recommend that the City Council approve the Preliminary Plat and Rezoning as
conditioned.
, '
PLANNING ADMINISTRATION APPLICATION FORM
Case No:
Date Filed:
Fee Paid:
Receipt No.:
() 7~~1
l/~qZ
COMMUNITY DEVELOPMENT DEPARTMENT
CITY OF STILLWATER
216 NORTH FOURTH STREET
STILLWATER MN 55082
ACTION REQUESTED
Special/Conditional Use Permit
V Variance
Resubdivision
V Subdivision*
Comprehensive Plan Amendment*
V Zoning Amendment' r.,.
Planning Unit Development ·
Certificate of Compliance
*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 alI forms and supporting material submitted
in connection with any application. AII supportingmaterial (i e., photos, sketches, etc.) submitted with application
becomes the propertyofthe City of Stillwater. Sixteen (16) copies of supporting material is required. If application
is submitted to the City Council, twelve (12) copies of supporting material is required. A site plan showing
drainage and setbacks is required with applications. Any incomplete application or supporting material will delay
the application process.
After Planning Commission approvals, there is a 10-day appeal period. Once the to-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.
Address of Project 1133 fJl(,..HptJ~4U
'6 y.1!:,-Y'
Zoning District A f Description of Project
PROPERTY IDENTIFICATION
f3 L.v j) Assessor's Parcel No. 3! 0 30;;J..o ifj coo,- :s
. , (GEO Code)
N \ bUrl "':>c..,ALE E'S>1 A\'E~ - 4 I-C'lf
~E6l o-F:.r---:rTr AL
5uBDt \J l 'Sll D N
"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. or
Property Owner 8(fttn ';.so 1// It //q-
:i:~in:I:::re:i: JJ;XJ:{lit;// .~
Represen tative
~ r.
. YO-W\.oll \" (R V\.-l-L ~
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Mailing Address
City - State - Zip
Telephone
Signature
atur i required) (Signature is
- , 2~ I r7_~o SITE AND PROJECT DESCRIPTION
ciO 'of" -;>t> lH-Jr
Lot Size (dimensions) -0;0 x ~~ fiWNX~5e:e Ihrj Total Building floor area square feet
Land Area ,t::;,23 ilL Existing 0 "2'1 i 00 square feet
Height of Buildings: Stories Feet I Proposed ~ q .500 square feet
Principal Z......z.. f'1fll '3.:5 tJ.'kf. Paved Impervious A~ea 2../bo square feetLlXu<{5-)
Accessory No. of off-street parking spaces cO 00\-- DW'(S
Signature
H:\mrn;,mi1r'1\,hpil;,\PI AI!APP FRI.1
June 9. 2006
Engineering · hanning · Surveying
Mccombs Franll RODS
Associates. Inc.
November 5, 2007
City of Stillwater
Attn: Mike Pogge, City Planner
216 North Fourth Street
Stillwater, MN 55082
Subject:
Nightingale Estates
City of Stillwater, Minnesota
Dear Mr. Pogge:
Included with this letter is the Preliminary Site Development Plan submittal
information for the above referenced Project. As you are aware, we are seeking three
separate actions related to the Project:
1. Zoning Amendment
2. Preliminary Plat Approval
3. Residential Variance
Attached to this letter please find the following items:
1. Planning Administration Application Form
2. Preliminary Plat Application
3. Check list for Planning Applications
4. Check in the amount of $4,050.00 (Fee and Escrow Deposit)
5. Preliminary Site Development Plans (14 Full-Size, 1 Reduced-Size and 1
Overhead Transparency)
a. Title Sheet
b. Existing Conditions
c. Site Plan
d. Preliminary Plat
e. Grading Plan
f. Utility Plan
g. Landscape Plan
h. Tree Preservation Plan
i. Tree Preservation Table
6. Concept Plan 1 Exhibit
14800 28th Avenue North, Suite 140. Plymouth, Minnesota' 55447
phone 763/476-6010 . fax 763/476-8532
E-mail.mfra@mfra.com
Page 2
7. Hydrology Report
8. Soils Information
Proiect Description:
The project proposes to re-subdivide existing Lot 1, Block 2 Long Lake Estates into 4
separate lots as follows:
· Lot 1 - Existing Homesite (to the rear of the parcel)
· Lots 2 through 4 - New Residential Lots fronting on Nightingale Boulevard
The property is currently zoned Agricultural Preservation (AP). The proposed zoning
for the project is Lakeshore Residential (LR). A small wetland exists on the site -
4,299 SF (see Existing Conditions Plan C-2.01). The proposed grading plan requires
the impact of 1,941 SF of the existing wetland. This impact is below the maximum
allowed impact for a de minimis designation, therefore, no wetland mitigation is
required. We have submitted our plans to the Watershed District for this Project and
are awaiting their response. Additionally, it is proposed to maintain a buffer strip
along the rear lot line of the new lots with the creation of a Conservation Easement.
Each of the proposed lots will be serviced by municipal utilities (the existing
homesite is currently connected to municipal utilities). The Project is proposed to be
constructed in a single phase with construction commencing in the spring (pending
City Approvals).
Variance Request:
As was discussed during our Pre-Application Review Meeting, the property is within
the Shore land Overlay Zoning District. Therefore, the Lakeshore Residential Zoning
District is the appropriate zoning classification. As is shown on the attached Concept
Plan 1 Exhibit, the property could be subdivided using the LR zoning criteria.
However, the lot lines are irregular and we believe would lead to confusing land
!boundary issues for the residents of these lots over time. Therefore, we are
proposing a more uniform plat which meets all of the criteria of the LR Zoning
District with the exception of the lot width at the midpoint of the lot as defined in the
Zoning Code - Section 31-1 - Lot Width Definition.
Preliminary Site Development Plans:
As shown on the attached Preliminary Site Development Plans, the Project will
include three Split Entry / Walk-Out homesites. Each of the new homesites will
include a driveway entrance onto Nightingale Boulevard. The driveway for the
14800 28th Avenue North, Suite 140. Plymouth, Minnesota. 55447
phone 763/476-6010 . fax 763/476-8532
E-mail: mfra@mfracom
Page 3
existing homesite is proposed to remain in its existing location. A driveway easement
is proposed to be positioned over the northeast comer of the proposed Lot 2, Block 1.
A pond is proposed to be constructed in the central portion of the site to
accommodate storm water ponding requirements. As shown on the Hydrology Report
provided, the pond is a land-locked basin. The critical storm event for the basin is the
10-day snowmelt. The HWL calculated for the basin in the pre-development
condition is 898.60 and for the post-development condition is 897.78 (0.82' lower-
see attached Hydrology Report). Additionally, a piped emergency overflow is
proposed for the site at an elevation of 897.78 which will discharge to the east into
Bruer's Pond.
In order to provide sanitary sewer service for the proposed lots, it is required to
extend the existing sanitary sewer (8" PVC) from the north across the western border
of the site (within Nightingale Boulevard). In an effort to save the existing pavement
and preserve the traffic flow to the existing neighborhood to the north, the proposed
sanitary sewer line was shifted to the east of the ROW Centerline. It should be noted
that the existing homesite is currently serviced by City watermain and sanitary sewer.
The existing services for Lot 1 will cross the northeast comer of Lot 2 (included
within a Drainage and Utility Easement). An existing 8" DIP watermain is located
along Nightingale Boulevard along the western border ofthe site. It is proposed to
extend the 8" DIP watermain south to services the new homesites.
After the utility Construction is completed, it is proposed to restore Nightingale
Boulevard to its existing roadway section.
As is shown on the Landscape Plan, the proposed plantings exceed the City's
Requirements.
If you have any questions or comments regarding the above information, please
contact me at 763-259-6000.
Sincerely,
MFRA
1fIdt /}~
Matt Duenwald, P .E.
Project Manager
CC: Damon Francis, Advent Builders
14800 28th Avenue North. Suite 140. Plymouth, Minnesota' 55447
phone 763/476-6010 . fax 763/476-8532
E-mailmfra@mfra.com
JOBNAME: No Job Name PAGE: 36 SESS: 2 OUTPUT: Thu Apr 2 12:25:24 1998
/pebbl es/peb b les 1 /pubdocs/nondb/2/9jwOn
9 32-1
STILLWATER CODE
PPA
PRELIMINARY PLAT APPLICATION
FEE
PAID
(1) APPLICANT
Name: ADVE-NT Bt:)1 LD&RS - DAHaN
F'J2'A-~~
Company:
Address:
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City: LI00 LA~ State: H)-.J
Telephone: (W) 6/2-881- (FAX) f>5/-- 6P,1- (H)
(2) PROPERTY FEE OWNER 83Qo 565?:? .
Name:0dn I;~//cf' t7/JAt ,! ,);;1),' /ledlf
Company:
Address: ~~~ ~kddlc ~
City: ~ 'lit..), / State: Zip Code: L.5.3b!XJ-
Telephone: (W)t5/-Jo1-'t:lf;FAX) 81S-3o/- (H) ;;'j/-.J,,7..F/I.J1'
'-1'717 - ooy!
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Zip Code: 5" 5Z::; 14-
(3) SURVEYOR
Name:
Company:
Address:
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City: FLt(HOUIH State: rlr-J Zip Code: .t;':"'544'[
(WLli:3.- 47b:FAX) ?63-47b-(H)
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(4) Property location:
Legal description:
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(5) Name of development: tJlbHn0GrALS G:-.;-rATES
Number of lots: 4-
Current land use: 5 f L L
Proposed land use: ~ Y -S l-
Current zoning: A r
Proposed zoning: L ~
Anticipated project completion:
(6) SUBMITTAL REQUIREMENTS: (14 copies and one reduced 81/2 inches x 11 inches)
V Preliminary plat (PP)
V Tree preservation and landscaping plan (TLP)
V Street and utility plan (SUP)
V
Grading, drainage, stormwater and wetlands plan (GDSWP)
Other information (01)
CD32:36
JOBNAME: No Job Name PAGE: 37 SESS: 2 OUTPUT: Thu Apr 2 12:25:24 1998
/pebbles/pebbles 1/pubdocs/nondb/2/9jwOn
SUBDMSION CODE OF THE CITY OF STILLWATER
Ii 32-1
v
8l/2-inch x ll-inch transparency
I hereby apply for the above consideration and declare that the information and materials submitted with
this application are complete and accurate per city requirements. I understand that the application will
be processed when it has been found to be complete and adequate by the community development
director.
j::; ( ~
Property fee owner(s) signature(s):
Applicant(s) signature(s): j)~
Date:
PLEASE NOTE: If property fee owner is not the applicant, the applicant must provide written
authorization by property fee owner in order to make application.
CD32:37
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Engineering . Planning . Surveying
McCombs Frank RODS
Associates, Inc.
14800 28th Avenue North' Suite 140
Plymouth, Minnesota' 55447
phone 763/476-6010 . fox 763/476-8532
Client
A..nVENT
I \BUILDERS
8r/>wi!>gltKnr=il)ft/'rJ)uurwurld
1379 TimherwolfTrnil
Lir.o UXCll. MN 55038
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Project
Nightingale Property
Stillwater, MN
Sheet Tille
Concept Plan 1
I hereby certify that this plan was prepared by
me or under my direct superyisicn on~ that
I om 0 duly Licensed ProfesslOnol Engmeer
under the lows of the Stote of Minnesota.
Siqnoture
Nome
Dale License #
Designed JRG Checked
Drown JRG Approved
Do\e 4/04/07
Revisions
Case 07-51
1133 Nightingale Boulevard
Advent Builders
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260
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390
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520
City of Stillwater, MN
- CommunityD_evelopment Department
216 North FourthSfreet ---
Stillwater, MN 55082
651-430-8820 - 651-430-8810 fax
1 inch equals 250 feet
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, I; E B' R ! H PiA ': i 0 f M I fj N f. \ 0 : A ..l
Memo
Community Development Department
To:
Brian Bourassa
From:
Michel Pogge, City Planner
December 31, 2007
Nightingale Estates Subdivision Comments
Date:
Re:
Message:
Brian-
The following comments are City comments on the Nightingale Estate Subdivision.
This comments will be made a condition of approval by City Staff.
If you have any questions please contact the appropriate contact.
Thanks,
Mike
Engineering Comments - Contact Torry Kraftson (651-430-8831) with questions
1. The location of the existing water service to the existing home needs to be shown.
2. An access easement shall be supplied to the City over the westerly 250 feet of the existing
driveway for the purpose of maintaining the proposed storm water pond.
3. The proposed grading at the northeast corner of the storm water pond will eliminate the cover
over the existing sanitary sewer lateral. The grading plan should be adjusted in this area to
maintain adequate cover over the pipe. The existing sanitary sewer lateral should be insulated
where the storm water pond outlet pipe crosses underneath.
4. The proposed storm water pond outlet pipe discharges to Bruer's Pond at an elevation of 890.0,
which is 1.4 feet below the Normal Water Level (NWL) of Bruer's Pond (891.42). The outlet
pipe elevation should be adjusted to match the NWL of Bruer's Pond.
5. A minimum 2% slope shall be constructed away from the east edge of pavement on Nightingale
Boulevard to the right of way line in order to provide for snow storage and drainage away from
the existing roadway. Drainage arrows should be added to clarify the proposed direction of
drainage, particularly in front yard areas.
6. A note on sheet 3.01 says, "remove and reconstruct street section to match existing street
section." The note should be revised to state that street reconstruction will occur where pavement
is disturbed for utility installation. The location ofthe utility services shall be adjusted so that
only two street patches are required. At least one lane of traffic shall be maintained at all times
during utility installation. The street replacement section shall be according to the City standard
pavement section (12" sand, 6" gravel, 2.5" bit. base, 1.5" bit. wear).
7. The proposed sanitary sewer main shall be extended to the south property line (45:1: additional
feet).
8. A number of trees are proposed to be saved in areas where two feet of grading is proposed (trees
109 I, II 18, I II 9, II20, 1222, 1223, 1236). The grading contours need be adjusted or these trees
need to be shown as removed. The plan also shows saving trees between the storm manhole and
the outlet to Bruer's Pond, where the pipe depth is over 15 feet. A number of the pine trees will
be removed when the pipe is installed at this location. Erosion control blanket shall be placed
after the pipe is installed. Bruer's Pond shall not receive any construction sediment.
9. A developer's agreement and payment of all applicable fees will be required. For each lot, there
is a $3,217 water hook-up fee and a $3,217 sewer hook-up fee, in addition to WAC & SAC
charges. A surety will be required in the amount of 125% of the construction cost.
Planning Comments - Contact Mike Pogge (651-430-8822) with questions
1. Public review schedule
Planning Commission
Joint Planning Board
Parks & Recreation Board
City Council
1/14/2008
1/23/2008
1/28/2008
2/4/2008 (anticipated date)
2. Are any construction or subdivision identification signs proposed? (i.e. are you proposing any
permanent monument style signage for the development)
3. If the Park Board believes fees are appropriate here rather than trail or park improvements, then
the park fees would be $6,000 ($2,000 for each new home site) and the trail fees would be $ I ,500
($500 for each new home site).
4. The City Forester is still reviewing the tree plan. Some trees that are shown to remain appear to
be disrupted by grading activities and storm water controls in the northeast comer of the site (see
engineering comment #8). Please review the plan to ensure that you remain under the 30%
disruption requirement. Also, staff would like to see some of the larger oak trees to be saved.
Please consider keeping some of the oak trees on the edges of the building pads that could be
removed later if they conflict with a home plan.
5. Is the 398 sf wetland fill area under the de minimums allowance or is mitigation required? Also
your cover letter stated that the 1,941 sf of the existing wetland would be impacted were the plans
state 398 sf of wetland will be impacted. Please confirm in writing how much wetland will be
impacted by this development.
..
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rt~E: BfRTHriACE (If MiN~4[~OiA J
Planning Commission
DATE:
January 10, 2008
CASE NO.: OS-01
APPLICANT:
Kara Huelsmann
REQUEST:
Special Use Permit for a Type II Home Occupation in order to operate an
in home skin care studio
LOCATION:
1047 Delano Way
COMPREHENSIVE PLAN DISTRICT:
SFSL - Single Family Small Lot
ZONING:
CR - Cottage Residential
PC DATE:
January 14, 2008
REVIEWERS:
Community Dev. Director
Michel Pogge, City Planner ~
PREPARED BY:
DISCUSSION
The applicant is requesting a special use permit for an in home skin care studio. This type of
business, with clients visiting the home, requires a type II home occupation permit. A type II
home occupation permit is permitted in the CR, Cottage Residential zoning district with a
special use permit.
EVALUATION OF REQUEST
A special use permit for a type II home occupation may be granted only when all of the
following conditions are found:
1. No outside storage or display of products, equipment or merchandise is permitted.
The applicant has indicated that there will be no outdoor sales or storage.
2. Any retail sales must be accessory or incidental to the primary residential use.
The applicant has indicated that the retail sales will be accessory to the home
occupation and an incidental use of the residential property.
3. Infrequent hobby, craft or art sales are permitted twice a year for not more than six
(6) days per calendar year.
The applicant has indicated that there will be no hobby sales on the site.
4. Customers must be schedules by appointment.
The applicant has indicated that the customers will be by appointment only with no
drop-in customers at any time.
,!
,
1047 Delano Way
Page 2
5. Off-street parking must be provided for any customers
Off-street parking is available in the driveway.
6. No signs are permitted.
The applicant has indicated that no signs will be used on the site.
7. Not more than 20 percent of the total gross floor area of the dwelling unit may be
used for the home occupation or 400 square feet, whichever is less.
The applicant has indicated that the studio will occupy 200 square feet in the home.
The home is approximately 2AOO square feet. The studio meets the size
requirements of the code.
8. Business hours are limited to the period of 7:00 a.m. to 8:00 p.m.
The applicant has indicated that the business hours will be between 9:00 AM and
5:00 PM
9. No nonresident employees are permitted.
The applicant has indicated that the property owner will be the only employee.
10. No more traffic which is allowed other than in a normal residential area.
The applicant has indicated she believes no more than 6 clients per day will be on-
site.
11. Type II home occupations are subject to review upon complaints from the
neighborhood. If in the opinion of the community development director the
complaints are substantial, a public hearing must be held at which time additional
conditions may be added to this special use permit or in the alternative, the Type
II home occupation permit may be revoked.
Staff recommends that this be made a condition of approval.
RESTRICTIVE COVENANTS
The current Legends Declaration of Covenants, Conditions, Restrictions and Easements lists a
restriction related to uses. Specifically the Restrictive Covenants state:
"Section 1. Land Use and Building Type. No Lot shall be used except for residential
purposes.. . ."
As the commission is aware, Restrictive Covenants are private agreements between property
owners and the City is not part of nor enforces these documents. Staff presents this information
simply to inform the Commission of this issue.
FINDINGS
The proposed use meets the code requirements and will not be injurious to the neighborhood or otherwise
detrimental to the public welfare and will be in harmony with the general purpose of the zoning
ordinance.
1047 Delano Way
Page 3
ALTERNATIVES
The Planning Commission has the following options:
1. Approve the requested Special Use Permit for a Type 3 Home Occupation Permit.
Staff would suggest the following conditions for approval:
a. No outside storage or display of products, equipment or merchandise is
permitted;
b. Any retail sales must be accessory or incidental to the primary residential
use;
c. Infrequent hobby, craft or art sales are permitted twice per year for not more
than six days per calendar year;
d. Customers must be scheduled by appointment;
e. Off-street parking must be provided for any customers;
f. No signs are permitted;
g. Not more than 20 percent of the total gross floor area of the dwelling unit
may be used for the home occupation or 400 square feet, whichever is less;
h. Business hours are limited to the period of 7:00 a.m. to 8:00 p.m.;
1. No nonresident employees are permitted;
J. No traffic that is greater than the normal residential area within the
neighborhood; and
k. Type II home occupations are subject to review upon complaints from the
neighborhood. If in the opinion of the community development director the
complaints are substantial, a public hearing must be held at which time
additional conditions may be added to this special use permit or in the
alternative, the Type II home occupation permit may be revoked.
2. Deny the requested Special Use Permit. A denial needs to be accompanied by
substantive findings of fact.
3. Continue the public hearing until the February 11, 2008 Planning Commission
meeting. The 60 day decision deadline for the request is February 17, 2008.
RECOMMENDATION
Approve the request as conditioned.
Attachments:
Applicant's Form, Site Plan, and letter.
PLANNING ADMINISTRATION APPLICATION FORM
Case No:
Date Filed:
Fee Paid:
Receipt No.:
COMMUNITY DEVELOPMENT DEPARTMENT
CITY OF STILLWATER
216 NORTH FOURTH STREET
STILLWATER MN 55082
ACTION REQUESTED
~pecial/Conditional Use Permit
Variance
Resubdivision
Subdivision*
Comprehensive Plan Amendment*
Zoning Amendment*
Planning Unit Development *
Certificate of Compliance
*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 anyapplication.Allsupportingmater' lie. hotos, sketches, etc. submittedwith application
becomes the propertyofthe City of Stillwater. Ixteen (16 co ies of su orting material is r e . If application
is submitted to the City Council, twelve (12) copies of supporting material is required. A sIte Ian showing
drainage and setbacks is required with applications. 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 IDENTIFICATION
Address of ProjectJ 0 it] ~llM\o WlAA./ Assessor's Parcel No.
'5\;\. U: I v\.{N "S,,::>of(-'d"
Zoning District C[<,. Description of Project
~t 0 30 ~ OZ-c.f OOc.$
(GEO Code)
"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."
Pro p e rty Own er ('WY"R.- -\\.\J.d&\A..livV\. Y\
Mailing Address \ 041 ueto..no WOO-
City - State - Zip ~+; \ \ lAXlW, lV\/'J SSO~o
T~'ePhoneNq~gl~ I
SJgnature~\tL_ Signature
(Signature is required) (Signature is required)
SITE AND PROJECT DESCRIPTION
Representative
Mailing Address
City - State - Zip
Telephone No.
Lot Size (dimensions) _55 x J3d
Land Area 7; 156
Height of Buildings: Stories
Principal 1.
Accessory
Feet
Total Building floor area 21/e( square feet
Existing 'Ie C. square feet
Proposed square feet
Paved Impervious Area _ square feet
No. of off-street parking spaces -:-!
)-1 rr,(n4mrlrn\~hpjlf1\PJ ArJ,\PP FRr.1
June 9, 2006
Jeunesse Skin Rejuvenation
Jeunesse Skin Rejuvenation is a skin care company owned
and operated by a Minnesota-licensed Master Esthetician
with 18 years of experience. Jeunesse Skin Rejuvenation is
by appointment only. Primary services include facials,
waxing, and body treatments.
1.) There will be no use of outside storage or display of
products, equipment or merchandise on the property;
2.) Retail sales will be accessory or incidental to the
primary residential use;
3.) N/A;
4.) All customers will be scheduled by appointment only;
there will be no drop-in customers at any time that do
not have a previously scheduled appointment;
5.) Two off-street parking spaces will be available for
customers;
6.) No signage will be utilized;
7.) Jeunesse Skin Rejuvenation will dedicate 200 sq.
feet of the home for business use; the size of the
home is 2,400 sq. feet;
8.) Business hours are scheduled between 9:00 am-
5:00 pm and limited to three days a week
9.) Kara Huelsmann is the only employee
10.) Increased traffic will be nominal as there will be
between two and four appointments per day
Ii!: III
-
+re<J\;~ ~
.t ~
~
~\q~ .-\UV
C~\'n~
,
.
Planning Commission
DATE:
January 10, 2008
CASE NO.: 08-04
APPLICANT:
Cameron Kelly
PROPERTY OWNER:
Daniel and Gretchen Smith
REQUEST:
1) A Conditional Use Permit to allow for the replacement of an
existing transmission building with a new transmission building
that will also contain a backup studio.
2) A variance to allow a two story accessory building.
LOCATION:
114 Brick Street
COMPREHENSIVE PLAN DISTRICT:
SFLL - Single Family Large Lot
ZONING: RA - One-Family District
PC DATE: January 14, 2008
REVIEWERS: Community Development Director
PREPARED BY: Michel Pogge, City Planner jhy(
DISCUSSION
The applicant is requesting a special use permit to replace an existing transmitter
building for KLBB radio located at their tower site at 114 Brick Street. The existing
building is a single story building that is approximately 12.5 x 16.5'. The new building
is a two story building proposed to be 20' x 20' and located 20 feet south of the existing
building. The existing structure will be removed once the new building is completed
and the equipment is relocated into the new building.
Communication towers and their associated structures are permitted in the RA zoning
district with a Special Use Permit. Since this is an expansion of an existing use a new
Special Use Permit is required before they can proceed to construct the new building.
Additionally, since the building is accessory to the tower it is considered an accessory
building by the Code. As such, the applicant needs a variance in order to have a two
story accessory structure in the RA zoning District.
t
114 Brick Street
Page 2
EVALUATION OF REQUEST
This request includes two items a Special Use Permit and a variance to the maximum
allowable height for an accessory structure.
1. Variance.
A variance may be granted only when all of the following conditions are found1:
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.
When considering the hardship criteria there are three questions that need to be
asked; is the request reasonable, has unique circumstances, and are the code
provision essential to the character of the locality.
In this case the accessory building is on a 3.5 acre site and is proposed to be
setback approximately 70 feet from the nearest property, which is the Our
Saviors Lutheran Church to the south. The nearest single family homes are along
the east side of Brick Street that are over 270 feet to the east and is screened with
a line of deciduous trees between this site and the homes to the east. The next
nearest homes are along Dear Path which are approximately 550 feet to the west
of the proposed accessory building. If this was a typical accessory structure on a
typical residential lot the structure would likely be only a few feet away from the
property line with another residential lot. It would appear that the circumstance
is unique and the adjacent properties are adequately protected due to the size of
the property and the setback of the structure which would make this request
reasonable.
Staff finds there adequate hardships peculiar to the property and is 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 building is necessary to allow for the installation of new transmission
equipment, an emergency backup studio, and storage. The tower is the primary
use on the site. The variances are necessary to allow the property owner to
construct a structure to meet their transmission and broadcasting needs and
requirements of the FCC.
I City Code Ch. 31-208, (d)
.
.
.
114 Brick Street
Page 3
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 setback of the structure will lessen the impact of the structure on
adjacent property owner. The proposed height of the building is 20 feet which is
far below the height of the adjacent church to the south of this site. The
authorizing of the variances is consistent with other similar cases in the area and
will have negligible impact to adjacent properties.
II. Special Use Permit.
A special use permit may be granted only when all of the following conditions are
found2:
1. The proposed structure or use conforms to the requirements and the intent of
this chapter, and of the comprehensive plan, relevant area plans and other
lawful regulations.
With the proposed variance the structure and use will conform to all of the
requirements of the zoning code.
2. Any additional conditions necessary for the public interest have been
imposed.
The new building will include area on the second story for an emergency backup
studio. The only concern would be that this studio, which is in a residentially
zoned area, not become the primary studio of the station. The applicant has
proposed condition number two below to address this concern. Staff finds that
the public interest will be satisfied with all of the conditions listed below.
3. The use or structure will not constitute a nuisance or be detrimental to the
public welfare of the community.
The site is visited infrequently by station employees and then it is generally for
maintenance of the tower and associated equipment. Once the new structure is
completed, the equipment is relocated to the new building, and the existing
building is demolished there should be relatively few trips to the site. The new
building should not have any noticeable change from what is currently occurring
on the site. The proposed use will not constitute a nuisance to the public welfare
of the community.
2 City Code Ch. 31-207, (d)
114 Brick Street
Page 4
RECOMMENDATION
Approve as conditioned.
CONDITIONS OF APPROVAL
1. All revisions to the approved plan shall be reviewed and approved by the
Community Development Director.
2. The property may not be used as a broadcasting studio, except as may be
temporarily be necessary for continuation of the station's normal or emergency
broadcasting and then only for a period of less than 30 days. In the case of a
natural disaster or emergency requiring more than 30 days of broadcasting from
the site, the applicant must submit a written request to the City Administrator,
who may approve a longer period of time at his or her discretion.
3. The existing accessory structure shall be removed within 90 days after the
completion of the new accessory structure.
Attachments:
Applicant's Form
Letter
Site Plan
C~se 08-04
114 Brick Street
KLBB
~ .
.. ----.-.-N--.--=-------
^
rLrlJ
o 35 70
I
140 210
1 inch equals 140 feet
_ I Feet
280
C,?ity-Of Stillwater,MN- -~--
ommumty Develo .
216 N pment Department
. orth Fourth Street
651-4 Strllwater, MN 55082
30-8820 - 651-430-8810 fax
ECKBER-G~
LA~~~s~~!.
December 21, 2007
Stillwater Office:
1809 Northwestern Avenue
Stillwater, Minnesota 55082
(651) 439-2878
Fax (651) 439-2923
Mike Poege
City of Stillwater
216 4th Street North
Stillwater, MN 55082
Hudson Office:
2417 Monetary Bou levard
Hudson, Wisconsin 54016
(715) 386-3733
Fax (651) 439-2923
Re:
Planning Administration Application Form
114 Brick Street
PID 29-030-20-42-0001
www.eckberglammers.com
Dear Commissioners:
I am attaching a completed Plmming Administration Application Form, and Planning
Checklist along with necessary exhibits, listed below. Daniel and Gretchen Smith, the owner's
of the property, are requesting a special use permit to replace an existing commercial building in
a residential zone in order to continue the operation of their radio business. This letter will serve
as a description of my clients' request, and background regarding their ownership of the property
and the business's role in the Stillwater community.
Daniel and Gretchen Smith ("Smith's") are the owners of Endurance Broadcasting, LLC
operating locally on Main Street Stillwater as KLBB Radio. Operations for the company,
including regular programming, public service announcements, emergency announcements, and
Stillwater Schools and Pony updates are conducted out ofthis office. The Brick Street property
referenced above, the subject ofthis application, houses the station's transmitter and radio tower.
Proposed Use:
The Smith's wish to replace an aging building on the property with a new building to be
used for storage and operation ofthe station's transmitter. The current building, measuring
approximately 12.5' x 16.5' is to be replaced with a building measuring 20'x 20 feet. The new
building is larger than the existing building and will be located approximately 20' south of the
existing building, and will therefore require a special use permit for construction. The main
broadcasting location for the station is on Main Street, and will remain there unless emergency
conditions require otherwise.
It is the applicant's understanding, subject to review by City staff and the Planning
Commission, that the property meets all other applicable setbacks and zoning ordinances, and
simply requires a special use permit for the construction of a commercial building in a residential
zone.
ECKBERG. LAMMER5. BRIGG5. WOLFF t3 VIERLING. PUP
Family Law / Divorce . BUSiness and CommerCial Law . Criminal Law . Personal Injury / Wrongful Death
Estate Planning / Probate . Real Estate . Land Use Law . Mediation . MuniCipal Law . Civil Litigation
Community Impact:
The use of the property for the proposed purpose has a minimal impact on surrounding
properties and is of a great benefit to the community. First, the use is quiet, and has little day-to-
day impact on the surrounding properties. Closely related to this is the minimal traffic impact
that the use has on Brick, Olive and West Myrtle Streets. The current and propose use (which
are one and the same) place only minimal demand on the surrounding streets as there is no
business traffic, and only the need to periodically access the property for maintenance and
storage needs.
Secondly, the characteristic's of the surrounding property, which includes a large amount
of wetland property, makes other types of development on the site less desirable, and the tower
and transmitter a good use of the property. As can be seen by the aerial photos of the property,
the area to be built up.on is clear, and the construction will have minimum impact on the
surrounding trees and landscaping.
Finally, the station is a federally licensed broadcasting company. The FCC requires
approval of radio sites, and has approved the current location. In exchange for its broadcasting
license, the station is required, and proudly serves the local community by providing emergency
information. In addition to broadcasting weather alerts, Amber Alerts, and other important
information to local residents, the station also provides news, and local sports information to
residents.
Attachments:
Attached in support of the SUP application are the following documents:
1. Washington County Property and Tax Information Form;
2. Aerial Photo with Topographic information and Location of Adjacent Properties;
3. Building Plan Showing Dimensions of Building to be Constructed;
4. Site Plan Locating Existing and Proposed Building;
5. Washington County Survey Map Showing Site Layout and Adjacent Roadways.
These documents illustrate property grading, foliage, access, etc., and should provide answer's to
all necessary questions for issuance of the SUP.
Request:
The Smiths are asking that City staff recommend approval of the proposed construction,
and the SUP. The current structure existing on the property exists as a nonconforming structure
under Section 31-216 of the City Ordinances. Pursuant to that section, the Smiths would have
the right to continue the current use, including repair, replacement and maintenance of the
property. However, the code allows for expansion of a non-conforming structure only with a
SUP.
The Smiths meet the requirements for a SUP under Section 31-207 of the City
Ordinances. The property has historically been used for broadcasting purposes, and has followed
local, State and Federal regulations in operation of the facility. In doing so, the site has
maintained a minimal impact on surrounding residents, traffic patterns and local environment.
The Smiths wish to continue the current use of the property, and in doing so, wish to replace the
existing 12.5' x 16.5' building with a 20' x 20' building located 20 feet south of the current
location.
In order to secure the SUP, the Smiths are willing to accept the condition that the
property not be used as a studio location, except as may be necessary in temporary or emergency
situations. The Smiths' operate KLBB radio at 114 Main Street located at the comer of Main
and Myrtle. This facility was constructed for studio purposes, and has been remodeled to fit the
station's needs. Use ofthe Brick Street property for studo purposes would only be necessary in
situations such as temporary construction at the Main Street site, or a natural disaster. As a
condition for issuing the SUP, the Smiths propose the following:
The property may not be used as a broadcasting studio, except as may be
temporarily be necessary for continuation of the station's normal or emergency
broadcasting, and then only for a period of less than 30 days. In the case of a
natural disaster or emergency requiring more than 30 days of broadcasting from
the site, applicants must submit a request to the City Administrator, who may
approve a longer period of time at his or her discretion.
My client's and I plan to attend the Planning Commission's meeting and public hearing in
January, and will be available for additional questions at that time. Please do not hesitate to
contact me prior to that time with any questions or requests for additional information.
~~~~
Cameron R. Kelly
CRKlcrk
PLANNING ADMINISTRATION APPLICATION FORM
Case No:
Date Filed:
Fee Paid:
Receipt No.:
COMMUNITY DEVELOPMENT DEPARTMENT
CITY OF STILLWATER
216 NORTH FOURTH STREET
STILLWATER MN 55082
ACTION REQUESTED
X Special/Conditional Use Permit
Variance
Resubdivision
Subdivision*
Comprehensive Plan Amendment*
Zoning Amendment*
Planning Unit Development *
Certificate of Compliance
*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 anyapplication. All supportingmaterial (i e., photos, sketches, etc.) submitted with application
becomes the propertyofthe Cityof Stillwater. Sixteen (16) copies of supporting material is required. If application
is submitted to the City Council, twelve (12) copies of supporting material is required. A site plan showing
drainage and setbacks is required with applications. 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 IDENTIFICATION
Address of projectJJ..Y ~1" C ~ Sre-~Cl Assessor's Parcel No. ~ ()~\) d~ l\~ ~ l
~~ 0 ~~GE~~ l'}
Zoning District~ Description of Project.J'..C;P~ c.)(1-~r- ~V'~ _~
j..A~~ '~l-~
"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. "
City - State - Zip
Representative ~C)t0 1. Kcu. Q
Mailing Address t0ce:nt.l~~) AJG
City - State - Zip Sr"1:..L{_I~d., "^~ (':fS\)~
......
Property Owner
Mailing Address
Lot Size (dimensions)~ x SI~.4'~
Land Area .~~l1 Ar.e..G~
Height of Buildings: \ Stories
Principal ~
Accessory
(Signature is required)
SITE AND PROJECT DESCRIPTION
Total Building floor area~DO squ
Existing ~~dS square feet
Proposed -AQ square feet
Paved Impervious Area _ square feet
No. of off-street parking spaces=4=-
Telephone No.
Signature
Feet
~{\
H:\mrnamara\shpila\PI ANAPP.FRM
June 9. 2006
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.
18 The application form completed and signed by the property owner or owners authorized representative.
~ Building plans clearly dimensioned and scaled (16 copies).
liJ. 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 suNey may be required).
I;iI All adjacent streets or right of ways labeled.
I~L 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).
~. Distances between all structures and between all property lines or easements and structures.
I)g 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).
I)g Locate all off-street parking spaces, driveways, I oadi ng docks and maneuveri ng areas with di mensions for
driveway widths and parking space sizes.
~ Pedestrian, vehicular and seNice points of ingress and egress; distances between driveways and street
comers.
~ Landscape plan showing number of plants, location, varieties and container sizes (landscape plan).
~l Existing and proposed grading plan showing direction and grade of drainage through and off the site;
indicate any proposed drainage channels or containment facilities.
1Sd 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.
~ 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 inteNalsforslopesof 12 percent or greater. Slopesover
24 percent shall be clearly marked.
~ Other such data as may be required to permit the planning commission to make the required findings for
ap al:~~:apPlication 0\&1 (01
Applicant/owner sign \ Date"
Washington County Property Information
Washington
~County
~.. :_~ ~'. ~' :<',;. ~.~~d ~~~:;tt~~~l
New Search
Property Information
Additional Detail
Property Characteristics/
Appraisal Data
Payment Information
Property Tax Statement
Valuation Notice
GIS Map View
~ Proposed 2008
Taxes "Truth in Taxation"
Freq. Asked Questions
State Property Tax Refund
Information
Contact Us
Info for Residents
Things to Do Here
Page 1 of 1
Employment Opportunities
\'il~btfl'_~ C.'~l~"tp~"Y-iMi ~~m.t~
PROPERTY DETAILS
General Information Call: 651-430-6000' (TTY: 651-430-6246)
Directions to Washington County Government Center
14949 62nd Street North' PO Box 6 . Stillwater, Minnesota 55082-0006
htto :l/www2 .co. washington.mn. usl opi p/propdetail. asp ?pid=290 3020420001
Property ID#: 2903020420001
Property and Owner Information
Property Owner Owner Mailing Address
DANIEL I & GRETCHEN SMITH 123 OLD WILDWOOD RD
ST PAUL MN 55115-1863
Property Address
114 BRICK ST
STILLWATER MN 55082
Tax Description
SECT-29 TWP-030 RANGE-020 3.63A PT N1/2 OF SE1/4 293020
BEG AT A PT ON THE ...More...
Payable 2007 Taxes
2006 Estimated 2006 Taxable Property
Market Value Market Value Status
Land: $71,500 Land: $71,500 Class:
Bldg: $5,600 Bldg: $5,600 COMM LAND & BLDGS
Total: $77,100 Total: $77,100 Homestead:
NON-HOMESTEAD
Payable 2008 Taxes
2007 Estimated 2007 Taxable
Market Value Market Value
Land: $71,500 Land: $71,500
Bldg: $5,600 Bldg: $5,600
Total: $77,100 Total: $77,100
Print Property Information
Taxing Districts
School District
ISD 834 STILLWATER
Municipality
CITY OF STILLWATER
Watershed
Last Updated:
12/19/2007 at 01 :02:44
Payable 2007
Taxes
Net Taxes:
Spec. Asmt:
Total Tax &
Spec Asmt: $1,812.00
$1,812.00
$0.00
Property
Status
Class: COMM LAND & SLOGS
Homestead:
NON-HOMESTEAO
Sales Information
Date Sale Price
7/31/2001
5/1/1993
$10,000
$73,500
Home I Info for Residents Info for Business I Things to Do Here I Employment Opportunities I Department &
Services Directory A-Z I Your County Government
@ 2003, 2004 Washington County. Security/Privacy/Accessiblity Statement. Contact Washington County.
12/20/2007
$17.oo
wasbjngton .
r-;CoUnty
PUBLIC WORKS DEPARTMENT
SURVEY AND LAND MANAGEMENT DfVfS/ON
14949 62nd Sliest Notth, P.O. Box 6
Stillwater, Minnesota 55082-0006
(651) 430-6875
sUfYeyor@co.washingtan.mn.us
\oWf\4I.oo.washington.mn.us
CONTOUR LEGEND
~
NORTH
SECT(ln-TOWNSHI?-RANGE INDEX
11-1""'1
1903020 20~020 2103020
L-1:.......L-l
1300302012903020 [2803020[
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MUNICIPAL BOUNDARY
PARK BOUNDARY
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HOOT INTERVAL CONTOUR .
~ DEPRESSION
DASHED CONTOURS INDICATE QUESTlONABLE
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THIS DRAWING IS THE RESUlT OF A COMPILATION AND REPRODUCTION OF
LAND RECORDS AS THEY APPEAR IN VARIOUS WASHINGTON COUIfT'( QFRCES
WASHINGTON COUNTY IS NOT RESPONSIBLE FOR ANY INACCURACIES.
PROPER1Y UNES M SHOWN ARE FOR REFERENCE PURPOSES AND A.fA. Y NOT
REPRESENT ACWAL LDCA11ONS.
IMP LAST UPDATED' _3D. 2007
NO AIJOITIONAL CHANGES HAVE BEEN REPORTED TO DA IE
DATE OF coNTOURS ApriI,2f!IXJ DATE OF PHOTOGRAPHY: April, 2005
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SURVEY AND lAND MANAGEMENT DIVISION
14949 62nd Street North. P.O. Box 6
S/illwator, Minnesota 55082.0006
(651) 43i!-6875
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THIS DRAWING IS THE RESULT OF A COMPiLATION AND REPRODUCTION OF
LAND RECORDS AS THEY APPEAR IN VARIOUS WASHfNGTON COUNTY OFFICES.
WASHINGTON COUNTY IS NOT RESPONSIBLE FOR ANY INACCURACiES.
PROPERTY UNES A.~ SWWN ARE FOR REFERENCE PURPOSES AND MA Y NOT
REPRESENT ACT! AL LOCATIONS.
MAP lAST UPDA ;EV: November 30, 2007
NO ADD/7.JNAL CHANGES HAVE BEEN REPORTED TO DATE
. AlEOFCONIDURS: AptiI,2000 DATE OF PHOTOGRAPHY:. ApriI,2005
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DATE:
January 8, 2008
CASE NO.: 08-02
APPLICANT:
Karl Diekman
Representative - Mark Balay
REQUEST:
Special Use Permit for an Accessory Dwelling Unit
Five associated variances
LOCATION:
522 W. Oak Street
COMPREHENSIVE PLAN DISTRICT: SFSL - Single Family Small Lot
ZONING: RB - Two Family
PUBLIC HEARING: January 14, 2008
PREPARED BY: Bill Turnblad, Community Development Director f:T
BACKGROUND
The applicant lives at 522 W. Oak Street. He has purchased the property next door at
518 W. Oak and has combined the parcel with his homestead parcel. The combination
has resulted in two houses on one parcel. The home at 522 W. Oak is the larger of the
two and will continue to function as the residence of the owner.
The second home on the parcel is proposed to be used as an Accessory Dwelling Unit.
SPECIFIC REQUESTS
Since the 2nd home on the property was built as a detached single family home on a
separate lot, its reuse as an Accessory Dwelling Unit (ADU) is problematic.
Consequently, five variances are requested in addition to the Special Use Permit for the
ADU. The specific requests are:
1. Special Use Permit for an Accessory Dwelling Unit in the RB Zoning District
2. Variance from maximum number of accessory structures allowed on a lot: There
are four accessory structures on the parcel, including the attached garage and the
522 W Oak
Page 2
attached carport. Not more than two accessory structures are allowed on the
propertyl. Therefore a variance of two accessory structures is requested.
3. Variance from total allowable square footage for accessory structures: The total
floor area of all accessory structures (including attached garages) on the property
is 1,214 square feet. The maximum floor area allowed for this accessory structure
space is 1,000 square feet2. Therefore a 214 square foot variance is requested.
4. Variance from minimum required side setback for deck: A 5 foot setback is
required for a deck in the RB Zoning District3. The existing deck has a side
setback of 3' 9". Therefore a setback variance of l' 3" is requested.
5. Variance from minimum required front setback for an ADU: An ADU has to
have a front setback equal to the distance from the front lot line to the midpoint
of the principal house4. 522 W. Oak has a midpoint of 45 feet. The proposed
ADU has a setback of 21 feet. Therefore a variance of 24 feet is requested.
6. Variance from the maximum size allowed for an ADU: The floor area of the one
story structure is 937 square feet if the three season porch is upgraded to living
space as proposed. The maximum size of an ADU is limited to 800 square feet5.
Therefore a 137 square foot size variance is requested.
EVALUATION OF REQUEST
1. Special Use Permit
The Zoning Ordinance includes performance standards that are to be met in order for
the Planning Commission to grant an SUP for the Accessory Dwelling Unit (ADU). The
performance standards are addressed below.
a. Lot size must be at least 10,000 square feet.
The subject parcel has an area of 17,120 square feet.
b. The accessory dwelling unit may be located on second floor above the garage.
Other sections of the Accessory Dwelling Unit ordinance infer that the unit can
be freestanding, which is the case with the existing home.
c. The accessory dwelling unit must abide by the primary structure setbacks for
side and rear setbacks.
The rear setback is compliant. But, the existing deck has a side setback of only 3'
9" according to the submitted site plan. A 5 foot setback is required. Therefore a
1 According to See. 31-308(a)(3)(iii) of the City Code
2 According to Sec 31-308(a)(3)(i) of the City Code
3 According to See. 31-501, Subd 3(a)(3) of the City Code
4 According to See. 31-501, Subd 3(a)(4) of the City Code
5 According to Sec. 31-501, Subd 3(a)(6) of the City Code
522 W Oak
Page 3
setback variance of l' 3" would be required. The Special Use Permit application
includes a request for this variance.
d. The accessory dwelling unit must be located in the rear yard of the primary
residence or be set back from the front of the lot beyond the midpoint of the
primary residence.
The house proposed for use as an ADU has a front setback of 21 feet according to
the submitted site plan. The front setback required is 45 feet. This represents
the midpoint of the primary residence. Therefore a 24 foot front setback variance
would be required. The Special Use Permit application includes a request for
this variance.
e. Off-street parking requirements for an apartment and single-family residence
(four spaces) must be provided.
The proposed accessory dwelling unit will provide the required four off-street
parking spaces with two spaces in the garage and a minimum of two in the
driveway.
f. Maximum size of the accessory dwelling unit is 800 square feet.
The existing house is a single story building with 761 square feet of floor area
(not including the three season porch or the attached single car garage). The
owner would like to make application for a building permit eventually to add
heat to the three season porch to turn it into living space. This would increase
the floor area to 937 square feet. A request has been submitted for a variance to
this standard as well.
g. The application requires design review for consistency with the primary unit
in design, detailing and materials.
The intent of this performance standard is to require any new buildings that are
to serve as accessory dwelling units to be consistent with the primary residence.
In this instance the accessory dwelling unit has been in existence for well over 50
years. And there are no plans to do any work on the outside of the house.
Consequently the two buildings, which could hardly be more different in style
and materials, do not have a consistent design, detailing or materials. None the
less, since the proposal is to reuse the small home as an ADU, staff does not
believe complete consistency is reasonable to require. However, the ADU could
be made more recognizable as a secondary dwelling on the property if it were at
least painted the same exterior color as the primary residence.
The Heritage Preservation Commission has reviewed the design review permit
and has approved it.
h. The height may not exceed that of the primary residence.
522 W Oak
Page 4
The residence at 522 is a two story building. The proposed ADU at 518 is only a
single story building.
1. Both the primary and accessory dwelling unit must be connected to municipal
sewer and water services and be located on an improved public street.
Both houses are connected to city utilities and are located on an improved public
street.
j. Maximum size of garage is 800 square feet.
This refers to the situation where a two story building has 800 square feet of
garage space on the first floor and an ADU on the second floor. None the less,
the combined square footage of both the attached and detached garage on the lot
is 786 square feet.
II. Variances
Washington County does not require City approval when a land owner requests a
combination of several lots into a single tax parcel. Consequently, lot combinations can
create situations that do not comply with the City's Zoning Ordinance. Such is the case
here. For example, a parcel in the RB Zoning District is allowed only one house and
two accessory structures. As approved by the County, the subject parcel now has four
accessory structures and two houses. Therefore, after-the-fact variances are requested
from these zoning standards. In addition, a number of other variances would be
required to allow the second house to be considered an Accessory Dwelling Unit. The
variances are detailed below.
1. Variance from maximum number of accessory structures allowed on a lot: There
are four accessory structures on the combined parcel, including the attached
garage and the attached carport. Only two are allowed. Therefore a variance of
two accessory structures is requested. The magnitude of this variance could be
reduced by removing the 53 square foot shed from the property. Now that the
landowner has a detached garage at 518 W. Oak, the need for the shed is
reduced.
2. Variance from total allowable square footage for accessory structures: The total
floor area of all accessory structures (including attached garages) on the property
is 1,214 square feet. The maximum floor area allowed for accessory structures is
1,000 square feet. Therefore a 214 square foot variance is requested. Again, the
shed could be eliminated to reduce the size of this variance request.
3. Variance from minimum required side setback for deck: A 5 foot side yard
setback is required for the existing deck. It has a setback of 3' 9/f. Therefore a
setback variance of I' 3" is requested. Since the deck already exists, and it would
be a challenge to remodel so as to meet the required setback, this variance may
be acceptable.
522 W Oak
Page 5
4. Variance from minimum required front setback for an ADU: According to Sec.
31-501, Subd 3(a)(4) of the City Code, an ADU has to have a front setback equal
to the distance from the front lot line to the midpoint of the principal house. 522
W. Oak has a midpoint of 45 feet from the front lot line. The proposed ADU has
a setback of 21 feet. Therefore a variance of 24 feet is requested. As with the
deck, the home already exists. Removing 24 feet of the home in order to change
its status from a primary residence to an ADU does not seem reasonable.
5. Variance from the maximum size allowed for an ADU: The floor area of the one
story structure including the three season porch is 937 square feet. An ADU is
limited to 800 square feet. Therefore a 137 square foot size variance is requested.
As mentioned above, if the three season porch is not upgraded to year around
living space, there would only be 761 square feet of living area. No size variance
would be needed. Staff believes the three season porch should not be converted
to living space so the size limit for an ADU can be met.
ALTERNATIVES
1. Approve the Special Use Permit and variances as requested.
2. Deny the Special Use Permit and variances since the performance standards for
an Accessory Dwelling Unit can not be met without variances.
3. Approve the Special Use Permit and some of the requested variances.
4. Table the request.
RECOMMENDATION
The Accessory Dwelling Unit ordinance was not intended to be applied to this
particular case. Both houses have functioned for generations as primary residences.
The ADU ordinance envisioned the construction of a new building that was clearly
associated with and secondary to the principal structure. Still, the home at 51S W. Oak
is small enough that it could function as a secondary dwelling unit. But, staff finds that
the number of variances requested should be reduced. Therefore staff recommends
Alternative 3 with the following conditions:
1. The ADU shall be painted the same color as the primary residence by June 30,
2008.
2. The 53 square foot shed shall be removed from the property by June 30, 2008.
3. The three season porch shall not be converted into year around living space.
4. The applicable Accessory Dwelling Unit performance standards shall become
conditions of approval.
Attachments:
Location & Zoning Map
Application materials
Dennis & Silvia Conger
517 Oak Street West + Stillwater, Minnesota 55082 + Phone 651-275-1474
January 7, 2008
City of Stillwater
Attn: Bill Turnblad
216 North Fourth Street
Stillwater, Minnesota 55082
To Whom It May Concern,
This is in regard to case No. 08-02 in the matter of Karl Diekman/Mark Salay requesting a
special use permit and related variances at 522 West Oak Street.
We will not be attending the 7:00 pm January 14, 2008 Planning Commission meeting, but
wanted to let the Commission know that we have no objection to this request. In fact, we are
whole-heartedly in favor of it. We live directly across from the property, and are very thankful
that Mr. Diekman purchased it and will be maintaining it in a manner that complements the
"atmosphere", or setting if you will, that the community on this block has. The potential
alternative was that the property could very well have been sold to a developer and instead of
the continued quaint house and landscaping across from us, we may have been subjected to
some large faux-Victorian, or even worse, construction that we have seen built on lots near to
us.
Please approve the special permit and related variances requested.
Thank you,
D~Crr ~ ~
Dennis Conger J
Silvia Conger
JAM 1 0 lOO8
ECElVED
COMMUNITY DEVELOPMENT
DEPA M NT
City of
· Iwater
Diekman
Zoning Map
Community DeveloDment Department
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110 East Myrtle Street, Suite 100
Stillwater, Minnesota 55082
(651) 430-3312
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Michael E. Balay, RA
lislndiana
13166 Hamilton Commons Blvd
Fishers, Indiana 46037
(317) 845-9402
12/21/07
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 for an Accessory
Dwelling Unit (A.D.D.) at 522 W. Oak: St. The owner has purchased the existing property
518 w. Oak and combined it with his property at the County.
The enlarged Site Plan drawing and this letter describes the calculations which have been
made utilize for variance and compliance requirement procedures. We are not changing
any of the existing square footages.
The Lot size and Coverage calculation is as follows:
Lot Size 17,107 sf
Requirement! 25%/25% coverage maximums
Bldg. Coverage Actual 3,615 sf(21%)
Impervious Coverage Actual 2,359 sf(14%)
All requirements are met without variance.
In regards to the zoning ordinances for Accessory Structures and Accessory Dwelling
Units this request requires several variances as follow:
Ord. 31-503 Subd. 2
A)1 a variance of 175 sf above the 1,000 sf maximum allowed for lot coverage of
accessory buildings total
A)3 a variance of one additional building for a total of three accessory buildings on site
i~
Ord. 31-501 Subd.3
A)3 variance to the east 5 ft. sideyard setback of 1'-6" due to existing structures
A)4 variance of 24 ft. from the midpoint of the primary residence due to an existing
Structure
A)6 variance of 150sf above the maximum A. D. U. size of 800 for a total of950sf Due
to an existing building.
A) 1 0 variance of 375sf above the maximum total garage space size of 1 OOOsf for a total
Of 1,375sf due to an existing building.
This SUP request shall currently be reviewed by the HPC for compliance of the existing
proposed A.D.U. exterior architecture. In addition any future changes to the exterior will
require additional fonnal Design Reviews before a building pennit can be issued.
We believe the SUP request has a justifiable hardship based on the new neighborhood
conservation district Ordinance, intent and suggestion to preserve, restore and utilize
existing structures of historical significance. In order to utilize this structure and invest in
it's restoration the owner can expect a reasonably usable facility.
Please do not hesitate calling if you require additional infonnation or have questions.
rod anapallslnd ana
BE~}
ARCHITECTS
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Memo
Community Development Department
From:
Planning Commission
Michel Pogge, City Planner
Friday, January 11, 2008
Future reappointments to the Planning Commission
To:
Date:
Re:
Message:
Beginning with 2009 reappointments to the various boards and commission, the City
Council has decided that all persons desiring to be appointed to a city board or
commission, both new appointments and reappointments, will be interviewed by the
City Council.
Similar to what currently occurs, notices will be sent to each commissioner who's term
is ending asking if they wish to be reappointed. The Council will then interview both
new applicants and commissioners seeking reappointments in October/November with
the final appointment being made in December.
If you have any questions please let me know.
Thanks,
Mike
From the desk of...
Michel Pogge, AICP . City Planner . City of Stillwater . 216 N. 4lh Street . Stillwater, MN 55082
651.430-8822 . Fax: 651.430-8810 . email: mpogge@ci.stillwater.mn.us