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HomeMy WebLinkAbout2008-03-10 PC Packet ~il~~ate~ THE BIRTHPLACE OF MINNESOTA ~ CITY OF STILLWATER PLANNING COMMISSION NOTICE OF MEETING MONDAY, MARCH 10, 2008 The City of Stillwater Planning Commission will meet on Monday, March 10, 2008, at 7 p.m. in the Council Chambers of Stillwater City Hc;lII, 216 North Fourth Street. AGENDA 1. CALL TO ORDER 2. APPROVAL OF February ii, 2008 MINUTES 3. PUBLIC HEARINGS 3.01. Case No. 08-06. A variance request for the replace of a roof with design modifications, replace siding and the con?truction of a garage located at 2310 Boom Road in the RA, Single Family Residential District and the St Croix Riverw<;:lY Overlay District. Marlys Gould and Todd Olson, applicants. Continued from the February 11, 2008 meeting. 3.02 Case No. 08-07. A variance to the front yard setback request for the construction of a 5' x 7' porch located at 117 Greeley Street North in the RB, Two Family Residential District. Alec Vugovich, applicant. 3.03 Case No. 08-08. A variance request to the front and side yard setbacks for the construction of a 16' x 27' foot, two story addition located at 724 4tl1 Street South in the RB, Two Family Residential District. David and Joan Frazendin, applicants. 3.04 Case No. 08-09. A Zoning Text Amendment to the PA, Public Administration, regulations to add "Libraries, art galleries, theaters and other such cultural facilities" permitted uses in the district. Art Reach Alliance, representing the Estate of Richard Huelsmann, applicant. 4. OTHER BUSINESS 4.01 Annual review of seasonal plant sales Special Use Permits 4.02 Annual review of Andiamo Special Use Permit and Wharfage Permit for the Gondola on the St. Croix. CITY HALL: 216 NORTH FOURTH STREET . STILLWATER, MINNESOTA 55082 PHONE: 651-430-8800 . WEBSITE: www.ci.stillwater.mn.us City of Stillwater Planning Commission February 11, 2008 Present: Vice Chair Mike Dahlquist, Suzanne Block, Erica Fultz, Dan Kalmon, Taylor Luke, Wally Milbrandt, David Peroceschi and Charles Wolden Staff present: Community Development Director Turnblad and Planner Pogge Absent: Dave Middleton Vice Chair Dahlquist called the meeting to order at 7 p.m. Approval of minutes: Ms. Block, seconded by Mr, Milbrandt, moved approval of the minutes of Dec. 10, 2007. Motion passed unanimously, Mr. Wolden, seconded by Mr. Luke, moved approval of the minutes of Jan, 14, 2008; motion passed unanimously, PUBLIC HEARINGS 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 at 1133 Nightingale Blvd. Damon Francis, Advent Builders, representing Bryan and Joni Heller, applicant. Continued from the Jan, 14, 2008, Planning Commission meeting. The applicants were present, with Damon Francis and Brian Bourassa, consulting engineer, representing the applicants at the table, Mr. Pogge reviewed the request, noting the request was tabled at the January meeting pending a report by the City Forester. Mr. Pogge referred to the Forester's report in the agenda packet, which noted that the developer's tree replacement proposal was lacking 9 canopy trees and which included recommendations for protecting existing trees on the adjacent property, 1165 Nightingale Blvd, Mr. Pogge noted that subsequent to the Forester's report and recommendations, the developer had submitted a revised tree replacement plan with the additional 9 trees referred to in the report and had submitted a revised grading plan for protection of the trees at 1165 Nightingale, Mr, Pogge stated staff is recommending approval with 11 conditions. Mr. Kalmon noted the Forester's report states there should be tree protection measures for trees within 30 feet of any soil disturbance area, but the recommendation is that the root systems of the neighboring trees be protected with snow-fencing set at least 20 feet from the trunks, Mr. Kalmon wondered if there was anything in the City ordinance which would protect the owners should the neighboring trees die; Mr. Pogge said there is no such protection. Mr, Dahlquist asked if the requirement for the 9 additional trees is covered in condition of approval No, 11, to which Mr. Pogge responded in the affirmative. Mr. Wolden asked about the proposed conservation easement at the rear of the lots, Mr, Bourassa explained that the conservation easement is a no-build area, a legal document preserving trees in the easement area, a document which will be actually deeded and filed with the County, Mr, Dahlquist opened the public hearing, Ed Lowell, 1165 Nightingale Blvd., expressed his appreciation for the process and forum for expressing his concerns, Mr. Lowell said he appreciated the changes made by the developer, but the revised proposal still does not meet the standards for protection of red oaks and his trees remain at risk. Mr. Lowell asked for a commitment from the developer to discuss tree protections measures further based on the Forester's suggestion that the protective distance might be able to be extended depending on I City of Stillwater Planning Commission February 11, 2008 the final determination of the drainage/utility construction, as well as a commitment to track the Forester's recommendations, such as regarding pruning during construction. Later, Mr. Bourassa said Mr. Lowell's requests, review of the final utility/drainage location and handing during construction, seemed reasonable and the developer would agree to those requests. Mr. Pogge suggested those issues are covered by condition of approval No, 11, "The landscaping and reforestation shall be revised according to comments from the City Forester prior to the release of the final plan for recording or the start of grading and utility construction, whichever occurs first." No other comments were received, and the hearing was closed. Mr. Dahlquist stated his initial concern was with tree protection and this proposal appears to provide reasonable protection. Mr. Peroceschi, seconded by Mr. Luke, moved approval as conditioned. Ms. Block and Mr. Kalmon expressed concern that condition No. 11 doesn't specify the Forester's recommendations regarding pruning or removal of diseased trees to prevent the spread of oak wilt. Mr. Milbrandt suggested addressing those concerns by referencing the Forester report dated Jan. 29, 2008, in condition of approval No. 11. Mr. Peroceschi agreed to amend his motion to incorporate the date of the Forester's report in condition No, 11; Mr. Luke agreed to amend his second, Amended motion passed unanimously. Case No. 08-05 A variance request for a handicap accessible ramp at 1007 South Second St. in the RB, Two Family Residential District. Alan Karoff, applicant. The applicant was present. Mr. Pogge reviewed the request, noting that an existing garage prevents the use of the rear entrance for the ramp, Mr. Pogge said staff agrees that the front entry is the most reasonable option for the homeowner and recommends approval with two conditions. Ms, Block asked if the City could require removal of the ramp should the property change hands. Mr. Pogge explained that the variance goes with the property, not the owner, and he noted that such a requirement would be difficult to enforce. Mr. Karoff said he understood Ms. Block's concern and said the intent is to remove the ramp when it is no longer needed, which is why he constructed the ramp in modular fashion, so it is not a permanent structure. Mr. Dahlquist opened the public hearing, No comments were received, and the hearing was closed. Mr. Dahlquist expressed his concern that the variance runs with the property, suggesting that, in the future, a new owner might decide to construct a deck using the variance, Mr. Pogge suggested that the Commission could specify that the variance is for construction of an accessibility ramp only; he suggested possible language, "Only a ramp is allowed to encroach into the front yard setback and may be no closer than 9'7" from the front property line." Mr. Kalmon noted that with an aging population, more people will need accessibility features. Mr. Milbrandt, seconded by Mr, Wolden, moved approval as conditioned, incorporating Mr. Pogge's suggested language that the variance is for construction of an accessibility ramp only. Motion passed unanimously, Case No. 08-06 A variance request for replacement of a roof with design modification, replacement of siding and construction of a garage at 2310 Boom Road in the RA, Single Family Residential District and the St. Croix Riverway Overlay District. Marlys Gould and Todd Olson, applicants, 2 City of Stillwater Planning Commission February 11, 2008 Todd Olson was present. Community Development Director Turnblad reviewed the site and request. The applicants are proposing to rebuild the second flood of the existing home, re-side the structure and build a garage in front of the house under an existing deck, Mr. Turnblad noted the property is non-forming regarding lot size, setbacks and impervious coverage and therefore the Commission would have to approve variances for the existing non-conforming conditions as well as any additional variances that might be required, Mr, Turnblad said staff is suggesting that the applicant decrease the impervious coverage by eliminating the front entry to the proposed new garage and having a side-loaded garage in the front of the house or building a detached garage in the back, which would meet all setbacks but would require relocation of an existing sewer pipe. Mr. Milbrandt suggested that Molly Shodeen, DNR, would look at the impervious coverage and deny the request. Mr. Turnblad said Ms. Shodeen has indicated she would approve the request if the plans do not increase impervious coverage, but has indicated she would like an additional condition, that a storm water mitigation plan be submitted, even if the impervious is not increased. Mr. Olson spoke of the challenges of the small lot and expressed their preference for a garage in front, rather than having to undertake the challenge of moving the sewer pipe in the back yard. Mr. Olson spoke of the possibility of removing part of the existing driveway and utilizing pavers to reduce the impervious coverage. Mr. Dahlquist opened the public hearing. Craig Messner, 2318 Boom Road, stated that his property and the applicants' have front driveways that have shared blacktop. He said if the garage is in front, it would be best that access comes in straight rather than from the side due to the shared arrangement. Mr, Messner said he would have no problem with a garage located in the back, Brad and Sue Kress, 2302 Boom Road, stated their preference for a garage located in the back. They said a garage in the front would impact their view of the St. Croix River. They expressed concerns about the potential for noise and impact on property values, as well as a concern about runoff from the proposed changes to the second floor of the house. Ms. Kress noted the roofline would be only 4' from their house and any overhang could be 2' over their property line. Mr. Kress said he was not against the applicants making improvements as the property has been an eyesore in the past. No other comments were received, and the hearing was closed. Ms, Block expressed a concern about the aesthetics of a front-loaded garage and asked whether a double, side-loaded garage might be considered. Mr. Olson noted that it would be much easier to have a front-loaded garage; he pointed out the garage would be underneath an existing deck and the deck would remain, whether the garage is in the front or the back. Ms. Block and Ms. Fultz pointed out that a garage in the back would add to the amount of impervious surface coverage and likely wouldn't be allowed by the DNR; it was noted the DNR would consider an engineered solution to runoff. Mr, Kalmon said he thought removing the driveway along the side and turning that into green space made more sense than any engineered solution, Mr. Wolden suggested that there is not enough room for an engineered solution to get the impervious surface into compliance, suggesting it might be better to keep the garage in front and the impervious coverage as is, 3 City of Stillwater Planning Commission February 11, 2008 Mr, Peroceschi pointed out that in new construction, the Commission does not favor garage- forward designs. Mr. Dahlquist said he could not support a garage in front and expressed concern that there are no detailed design plans to help the Commission to determine the impact of the changes to the house on the neighborhood; he said the current proposal seems to be an incomplete plan, Mr, Milbrandt pointed out that the only reason this proposal is being considered at all is that not having a garage is considered a hardship, Mr. Milbrandt suggesting tabling the request pending submission of more design details and more discussions with the DNR; he made that suggestion in the form of a motion. Mr. Peroceschi seconded the motion. Mr. Olson pointed out that currently there is a deck with a car parked under it. Mr. Olson said the deck will remain and there will be a long driveway if the garage is in the back; he said he thought it would be more aesthetically pleasing to have the garage in front, remove some of the existing driveway and have more green space. It was decided to take a straw vote to give the applicants more direction for submission of additional design details, Ms, Block expressed her preference for a garage in the backyard. Mr. Dahlquist said he favored the garage in the back, but might be more receptive to a front-loaded garage if he had a better idea of the finished product and more information on how runoff would be handled. Mr. Peroceschi spoke in favor of a garage in front and removing as much impervious surface as possible. Mr. Milbrandt suggested that placing the garage in the back would compound the existing problem. Mr. Kalmon said he thought a front-loaded garage, not adding to the impervious coverage, was appropriate; he also suggested that in the more detailed plans for the second-story improvements to the house, the eave drip-line of the second story should not go over the property line. Mr, Milbrandt's motion to table passed unanimously, The meeting was adjourned at 8:40 p.m. Respectfully submitted, Sharon Baker Recording Secretary 4 I . 11 I J :- i! ~ y.t\va rr (.. " ..-~ / "~M II a '. I: II = ... tt = ~ . It ....... Jl. ~ql:l.aa'" '_~l!!i!~.. - ~~---~ . ,~~:~~~~~j) Planning Report DATE: March 6, 2008 CASE NO.: 08-6 APPLICANT: Marlys Gould & Todd Olson REQUEST: 1) Expansion of non-conforming structure 2) Front setback variance 3) Impervious coverage variance ZONING: Base District: RA, Single-Family Residential Overlay District: St. Croix River District LOCATION: 2310 Boom Rd PLANNING COMMISSION HEARING: February 11, 2008, continued to March 10,2008 REVIEWERS: City Planner, Public Works Director, Building Official PREPARED BY: Bill Turnblad, Community Development Director T><"f BACKGROUND Marlys Gould and Todd Olson would like to remodel the house at 2310 Boom Road, They plan to: 1) remove the second floor, which is a half-story, and replace it with a full story second floor; 2) put new siding on the house, and 3) build a two stall garage onto the front of the home. At present the residence has no garage. SPECIFIC REQUEST A public hearing for the project was opened on February 11, The hearing was continued until March 11 in order for the applicants to provide more details. The 18' by 20' garage (reduced in size from the 18' by 24' garage proposed last month) would be built in place of the current deck. The top of the new garage would be constructed as a deck. Gould Variances March 6, 2008 Page 2 of 5 The property is located in the RA, Single Family Residential Zoning District, It is also located in the St. Croix River Overlay District. The critical standards from each district are presented in the table below, together with the current and proposed measurements. RA Minimum Current Pro osed 10' 1.2' 1.2' 5' NA ca 5' 24.5,1 28,3,2 10.3' River Overla Lot area 1 acre 7,500 sf Lot width 150' 50' Impervious, max, 1,500 sf3 3,370 sr 2,170 sr The highlighted entries in the table are substandard5. The existing house is non- conforming since it does not meet the required side setback distance. The lot is also non- conforming since it is too small and too narrow to meet the current minimum standards in the River Overlay District, In addition, there is more impervious coverage on the lot than currently allowed in the River Overlay District. The proposed garage would increase the magnitude of some of these non-conformities. In order for the applicants to proceed with their project, the following specific actions would be needed: 1, Expansion of non-conforming structure: The lot size and width, as well as the side setback of the house and the amount of impervious cover are currently non- conforming. City Code Section 31-216 states that a non-conformity can not be expanded. Consequently, neither the second story expansion nor the garage can be built unless variances are granted for these existing non-conformities. Therefore, variances have been requested for them to remove the non-conforming status of the property. 2. Front setback variance for attached garage: Approval of a variance from City Code Section 31-305(3)i which establishes the front lot line setback for this property at 24.5 feet. The front setback line in this case is the average setback of the houses on each side. The proposed garage would have a setback of 10.3 feet. Therefore, a variance of 14.2 feet is requested. I Average of setback for homes on each side 2 The current deck does not meet current front setback requirements, but was granted a variance for this in 1997. 3 20% oflot size 4 Including decks, stairs, ramps per DNR 5 The measurements are based upon a survey submitted by the applicant as well as Washington County air photos. To verify all measurements and impervious coverages, a detailed topographic survey would have to be commissioned by the applicant. Goulc! Variances IVlarch 6, 2008 Page30fS 3, Impervious cover variance: Approval of a variance from City Code Section 31- 401, Subd. 6(b)(1) which states that a maximum of 20% of the lot (20% of 7,500 square feet = 1,500 square feet) may be covered with impervious surface, The proposed impervious surface would decrease from its current non-conforming 3,370 square feet (45%) to 2,170 square feet (28.9%). This reduction is possible because the current driveway leading to the back yard would be removed. But, since the reduction in impervious cover still exceeds the 1/500 square foot allowance, a variance from the impervious cover allowance is needed. COMMENTS ON REQUEST The property currently has no garage, No location exists on the lot that would allow a garage to be built without a number of variances. But given the climate of Minnesota, a garage is a reasonable property improvement. So/ city staff will direct its comments toward providing a garage that has the smallest impact on the neighborhood and the St, Croix River. Staff comments will also address minimizing potential impacts of the second story expansion on the neighbor to the south. " Garage o The southwest corner of the garage is shown on application materials at about 5 feet from the side lot line. Since it can be no closer than 5 feet, a surveyor will have to verify this setback and offset stake it before the City's building inspectors inspect the footing forms. Q l1npervious surface o The existing driveway along the side of the house will be removed. In its place will be a short driveway to the proposed front loaded garage. This will dramatically reduce the amount of impervious cover on the property, o The applicants have stated that they would be willing to install some type of semi-pervious driveway rather than a completely impervious bituminous driveway, The DNR has stated that pavers or other semi- pervious driveway systems must still be considered impervious, o To mitigate the excess impervious cover, staff recommends that the driveway incorporate some type of semi-pervious treatment, This may be pavers, pervious bituminous, etc. But, it is critical that these be installed with the proper base and sub-base to be effective, Consequently, a condition of approval should be that a semi-pervious driveway be proposed by the applicants and approved by the City Engineer prior to issuance of any building permits. In addition, this driveway system would have to be maintained. This requirement would be filed in chain of title on the property. Ciould Variances March 6. 2008 Page 4 of" 5 e Second story expansion a The eaves on the revised application materials scale at a width of about one foot. They should not be allowed to be any wider than this, since the southwestern corner of the house is only 1.2' from the lot line. a Since the pitch of the roof is proposed to be rotated so that water runoff will be directed to the neighbor's lot now, rather than to the front or rear of the applicants property, the applicants will need to meet with City Engineer to address drainage. At very least gutters should be used to prevent stormwater runoff from being directed to the neighbor to the south. But even with gutters, storm events occur which will overtop the gutter system, Since the home is so close to the side property line, it will very likely effect the neighbor. Consequently, some type of water diversion in addition to the gutters will likely be needed, This will have to be approved by the City Engineer prior to issuance of a building permit for the project, · The colors of exterior building materials will be earth tones, which is required in the River Overlay District. The applicants will use browns and greens. The siding for the garage will be faux field stone. o All variances in the St. Croix River Overlay District have to be certified by the Department of Natural Resources before the city can issue building permits. ALTERNATIVES The Planning Commission has several alternatives. A. Approve If the property owners' proposal is found acceptable to the Planning Commission, it could approve it subject to the following conditions: 1. The new siding and roofing colors shall be earth tone. The specific colors must be submitted to and approved by the Community Development Director prior to issuance of any building permits for the project. 2, An escrow for the removal of the existing driveway and for turf establishment shall be submitted prior to issuance of any building permits for the project. The amount of the escrow shall be reviewed and found sufficient by the City Engineer. 3. A stormwater management plan shall be submitted to and approved by the City Engineer prior to issuance of any building permits for this project. 4, The side yard setback of the attached garage shall be no less than 5 feet from the side lot line, which must be verified by a surveyor prior to the footing inspection for the garage, 5. The applicants shall submit a semi-pervious driveway system proposal to the City Engineer for review and approval prior to issuance of any building permit Gould Variances March 6, 200S Page 5 of 5 for this project. Maintenance of the system shall be the responsibility of the property owners. This condition shall be filed in chain of title for property, 6. The eaves shall not extend beyond the side lot line. 7, The impervious cover variance must be certified by the Minnesota Department of Natural Resources prior to issuance of any building permits for this project B. Deny If the Planning Commission finds that the variances are not advisable, it could deny them. With a denial, the basis of the action should be gIven. cc: Marlys Gould, Todd Olson, applicants Molly Shodeen, DNR Regional Hydrologist attachments: Land Use & Location Map Revised Site Plan Impervious Cover Graphic Neighborhood Air Photo Application materials t t'it.' or' (',Jl[lJHiHljt\l!c\ 1'((,nllll:1H G uld Ols n l cation Map \ \ I i . . \ / ..----r-..-~~l=f:=}}r~.I.,: / -~~~ " / / / __/ ~ ,~1~. ' \ ~ _1, ~ \ If / . 5';';,7." '/ ....... r ;::,..--- -"--~I / ,'.:,.,... 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I I L ,~o ~ Ii 'i< UJ I , r c '" a: o o u:: (j; > Q) -' <( i c '" a: o o u:: (j; 5;'" -' . c 'm :;;; ;; Q) :> in '" Q) .c _ -e- ;; 0 Q) z :> in (") "'- Q). :S ::J 0 (J) to z$ .0.,10' 'l~;J4S az!s (0 1~.m:p~:)!I.p.tV) ..~(X,,~r ~ uodn pan:q UMOl{S Q~::lS ~ Planning Commission DATE: March 6/2008 CASE NO.: 08-07 APPLICANT: Alec Vujovich REQUEST: A variance to allow an expansion and alteration of a structure on a non-conforming lot [31-102 (a)] and a variance to allow up to a 12'8" encroachment into the required 20 foot front yard setback for a front porch [31-308(b)1] LOCATION: 117 Greeley Street COMPREHENSIVE PLAN DISTRICT: SFSL - Single Family Small Lot ZONING: RB - Two Family Residential PC DATE: March 10/ 2008 REVIEWERS: Community Dev, Director Michel Pogge, City Planner ~ PREPARED BY: DISCUSSION On order to add a front door and porch to the structure at 117 Greeley Street the applicant/ owner is requesting a variance to Chapter 31-102(a) of the Stillwater City Code to allow an expansion and alteration of a structure on a non-conforming lot and to Chapter 31-102(a) of the Stillwater City Code to allow up to a 12/8// encroachment into the required 20 foot front yard setback. The previous property owner removed the front landing and front door in 2002, The new owner desires a front door and porch and needs a variance in order to proceed. ., 1007 2nd Street S Page 2 \ EVALUATION OF REQUEST A variance may be granted only when all of the following conditions are found: 1. A hardship peculiar to the property, not created by any act of the owner, exists. Personal, family or financial difficulties, loss of prospective profits and neighboring violations are not hardships justifying a variance. The home was originally constructed in the late 1800' s and is setback approximately 11'4/1 from the front property line. Currently, the property has no front door, which was removed by the previous property owner. None of these conditions were created by an act of the 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. This property is zoned for a single-family home and is currently being used as a single-family home. Moreover, the size of the lot at 6,464 square feet is not so much smaller than the minimum required lot size and is consentient with lot sizes in the area, Additionally, even with the porch addition the lot will meet the maximum lot coverage requirements as setout in the code, Therefore, staff believes the front and side setback requests and lot size variance are acceptable. 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 minimum required front landing as required by the building code is 5' by 5'. This request for a 5' by 7' front landing with a overhang does exceed the minimum required by the state building code for a landing; however, the request still seems reasonable. This request will not adversely impact the adjoining property owners. 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. 1007 2nd Street S Page 3 FINDINGS 1. That the hardship is peculiar to the property, not created by any act of the owner, exists. In this context, personal financial difficulties, loss of prospective profits and neighboring violations are not. 2. That a variance is necessary for the preservation and enjoyment of substantial property rights possessed by other properties in the same district and in the same vicinity; and that a variance, if granted, would not constitute a special privilege of the recipient not enjoyed by his neighbors. 3. That the authorizing of the variance will not be of substantial detriment to adjacent property and not materially impair the purpose and intent of this title or the public interest nor adversely affect the Comprehensive Plan. ALTERNATIVES The Planning Commission has the following options: 1. Approve the requested variance to allow a allow an expansion and alteration of a structure on a non-conforming lot [31-102 (a)] and a variance to allow up to a 12'8" encroachment into the required 20 foot front yard setback for a front porch [31-308(b)lJ, Additionally, staff would suggest that the following conditions for approval: a. All revisions to the approved plan shall be reviewed and approved by the Community Development Director. b, The porch must be located no closer than 7'4" to the front property line. 2. Deny the requested variance to allow a allow an expansion and alteration of a structure on a non-conforming lot [31-102 (a)J and a variance to allow up to a 12'8" encroachment into the required 20 foot front yard setback for a front porch [31-308(b)lJ. If the Commission chooses to deny the variance the commission needs to make a negative finding of fact on the required that supports the denial. 3. Continue the public hearing until the April 14, 2008 Planning Commission meeting. The 60 day decision deadline for the request is April 18, 2008. RECOMMENDATION Staff recommends approval of the requested variance. II J Gj03 Alec Vujovich Prairie Sky Ltd. Stillwater, MN 55082 Dear Building Commission, My purpose for this letter is to request a variance on the property of 117 Greeley St North Stillwater, MN. I would like to add a front door and a porch. The reason for this is I only have one exit in my house. This becomes a fire hazard for my family and me. The location of my kitchen and gas/electric meters adds to the danger. The other reason I would like to request this is to add to the historic value of my house. The front of the house would become more suitable for the neighborhood. I believe this will benefit everyone in my neighborhood. Thank you for your time. 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') Planning Commission DATE: March 5, 2008 CASE NO.: 08-08 APPLICANT: Dave and Joan Fazendin REQUEST: A variance to allow an expansion and alteration of a structure on a non-conforming lot [31-102 (a)], a variance to allow up to a 2.5' encroachment into the required 5 foot side yard setback, and a variance of 2 feet to the required 15 feet of combined side yard setback [31-308(b)1], LOCATION: 724 4th St S COMPREHENSIVE PLAN DISTRICT: SFSL - Single Family Small Lot ZONING: RB - Two Family Residential PC DATE: March 10, 2008 REVIEWERS: Community Dev. Director PREPARED BY: Michel Pogge, City Planner 1tA4 DISCUSSION The applicant is requesting a variance to Chapter 31-102(a) of the Stillwater City Code in order to expand the amount of living space of the existing structure which is on a non-conforming lot. Additionally, applicant is requesting a variance to Chapter 31- 308(b)1 of the Stillwater City Code to encroach up to 2'6/f into the required 5 foot side yard setback and to allow for 2 feet less than the required 15 feet total combined side yard setback. The applicant has recently purchased the house and is currently planning to demolish the rear (west) one-story - 20' by 24'5" portion of the home, lift the remaining front (east) portion, construct a new foundation & basement under the existing home, and construct a new two story -16' by 27' addition on the rear of the home. 724 4th Street S Page 2 EVALUATION OF REQUEST A variance may be granted only when all of the following conditions are found: 1. A hardship peculiar to the property, not created by any act of the owner, exists. Personal, family or financial difficulties, loss of prospective profits and neighboring violations are not hardships justifying a variance. The lot was platted in the mid 1800's and its size does not meet the current zoning requirements, The home is circa 1878 and is today within the require side yard setback for a single-family home. None of these conditions were created by an act of the 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. This property is zoned for a single-family home and is currently being used as a single-family home. The rear portion of the home has deteriorated beyond repair, The HPC approved demolition of the rear portion on March 3rd. The proposed two story addition will result in a smaller foot print then what is currently present. Moreover, the size of the lot at 5,400 square feet is consentient with lot sizes in the area. Additionally, the home has a front yard setback of only 10.1 feet which' is consistent with homes in the area. Currently the site exceeds the maximum lot coverage, With the demolition of the rear portion of the home and the new two- story addition, with a smaller footprint, the lot will meet the maximum lot coverage requirement setout in the code. Therefore, staff believes the variance for the expansion and alteration of a structure is acceptable. The code requires a total of both side yards to equal 15 feet with a minimum setback of 5 feet on each side. The lot is 40 feet wide and the existing home is 27 feet wide which leaves only 13 feet and makes it impossible to meet the total side yard setback requirement of the code. Since the home is being lifted and a new basement is being constructed this could be an opportunity to shift the home south to meet the 5 foot setback requirement. In either case a variance to the total side yard setback requirement is still required. Since the front part of the home is narrower than the rear there would still be 13 feet on the side of the home for a car to be parked. Staff believes it is reasonable to meet the 5 foot side yard setback and recommends this as a condition of approval. 724 4th Street S 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 addition will have no negative impacts on any of the surrounding properties. 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, not created by any act of the owner, exists. In this context personal financial difficulties, loss of prospective profits and neighboring violations are not. 2. That a variance is necessary for the preservation and enjoyment of substantial property rights possessed by other properties in the same district and in the same vicinity; and that a variance, if granted, would not constitute a special privilege of the recipient not enjoyed by his neighbors. 3. That the authorizing of the variance will not be of substantial deb-iment to adjacent property and not materially impair the purpose and intent of this title or the public interest nor adversely affect the Comprehensive Plan, ALTERNATIVES The Planning Commission has the following options: 1. Approve the requested variance to allow an expansion and alteration of a structure on a non-conforming lot [31-102 (a)] and a variance of 2 feet to the required 15 feet of combined side yard setback [31-308(b)1], Deny the requested variance to allow up to a 2.5' encroachment into the required 5 foot side yard setback. Additionally, staff would suggest that the following conditions for approval: a, All revisions to the approved plan shall be reviewed and approved by the Community Development Director. b. The north side must be setback a minimum of 5 feet from the north property line. 2, Approve the requested variance to allow an expansion and alteration of a structure on a non-conforming lot [31-102 (a)], a variance to allow up to a 2.5' encroachment into the required 5 foot side yard setback, and a variance of 2 feet to the required 15 feet of combined side yard setback [31-308(b)1]. Additionally, staff would suggest that the following conditions for approval: a. All revisions to the approved plan shall be reviewed and approved by the Community Development Director. 724 4th Street S Page 4 3. Deny the requested variance to allow an expansion and alteration of a structure on a non-conforming lot [31-102 (a)], a variance to allow up to a 2.5' encroachment into the required 5 foot side yard setback, and a variance of 2 feet to the required 15 feet of combined side yard setback [31-308(b)I]. If the Commission chooses to deny the variance the commission needs to make a negative finding of fact on the required that supports the denial. 4. Continue the public hearing until the April 14, 2008 Planning Commission meeting, The 60 day decision deadline for the request is April 15, 2008. RECOMMENDATION Staff recommends alternative 1. John E. Brown 720 4th Street Stillwater, MN 55082 (951) 826-8206 John.Brown@bbklaw.com RECEIVED MAR - 6 2008 March 6, 2008 COMMUNITY DEVELOPMENT DEPARTMENT BY MAIL Planning Commission City of Stillwater City Hall 216 North Fourth Street Stillwater, MN 55082 Re: 724 4th Street South Variance (Case No. 08-08) Ladies and Gentlemen, My wife, Nancy Johnson, and 1 own the home at 720 4th Street South which is next door (north) of the home located at 724 4th Street South. We would like to request that the Planning' Commission do whatever may be reasonable to protect our access to light and air in connection with this variance request. At the very minimum we believe the new, two story addition, and the entire house for that matter once it is set on its new foundation, should be set back as far as practicab~e from their northerly property line. We are generally supportive of the efforts of Dave and Joan Fazendin to restore and improve their home but we believe both single family residences would benefit from as much separation as possible. Both of these homes were originally built in the 19th century and subsequently enlarged. The original homes were single story, much smaller than they are today, and were somewhat offset (not contiguous). When the house at 724 was enlarged it was enlarged by building to the east toward the street. When the house at 720 was enlarged the enlargement was much more modest and the existing house sets much further back on its lot than the house at 724. As a result both houses have a relatively open access to light and air along their common property line. We believe both houses intrude into the present day side yard setbacks and that the actual separation is much less than ten feet. Both houses nonetheless enjoy access to light and air because they are placed offset on their respective lots. F or that reason we are asking that the new two story addition be set apart as much as possible from our two story home which will be immediately adjacent to the new addition. As you can see from the overhead location map there is much more open space to the south of the March 6, 2008 Page 2 house at 724, as well as much more separation between the house at 724 and the house immediately to the south at 802. My wife and I elected last year to take a very large insurance settlement equal to the fair market value of our home and committed all of that money, and more, to completely rebuilding and restoring our small cottage at 720 4th Street South. That insurance settlement resulted from the complete destruction of the inside of our house as a result of a flood from a water fixture broken during remodeling which flooded the house with over 600,000 gallons of water. We were happy to make that investment because we love our cottage and the City of Stillwater. We believe Mr. and Mrs. Fazendin are committed to retaining the historic integrity of their home and with the help of their talented architect and the planning staff of the City of Stillwater we are very optimistic that the light and air enjoyed by both properties can be maximized to the greatest extent possible. Thank you for your help. RVPUB\JBROWN\745975.l Dave & Joan Fazendin 10749 North 11 Oth Street 651-439-8019 CELL 651 -9835566 Fazendind@ool.com February 15, 2008 City of Stillwater Planning Commission 216 Fourth st North Stillwater, Mn 55082 Dear Planning Commission We are planning on removing the single story structure located behind the existing 1 Y2 story house and replacing it with a new 1 1/2 story only going back 16' instead of the present 24'. We are adding a full basement under the entire house . This remodel should not effect neighbors and the local area. We have removed about 8' of the total foot print of the house and added a second story. This will be a single family home located at 724 4th st. S Stillwater, Minnesota 55082. There is one off street parking site on the south east corner of the property. 1 . Property is owned by Dave & Joan Fazendin 10749 North 11 oth street Stillwater, Minnesota 55082 2. This property is zoned RB Sincerely, Dave & Joan Fazendin o _ ' 9 \\) s '" . ('() '" ~ :::0 PRELMINARY NOT FINAL PLANS 2'-611 X 2'-6H ,-----, CO r_____~_____l 0 0 ~~:4!?~ , , 1 I t-----1 I ----- , , .'\' N 1 :'\' " x ''\' N 2'-6" X 4'-&11 "NOTE, NEED TO VERIFY IF A BEARING POINT IS I-IERE AND IF SO BEST WAY TO PICK UP LOAD OF 2ND FLR JOISTS I-IERE," ,J, ------------------------~-~-~----------------- , , , '-t' , 6'-6" optIonal dInIng FLUSI-I BEAM 81-11 13/16" " r old chrmne~ 5'-011 X 4'-611 m_O 61-5%" UP -'\' _9 '" x (() if '", 01 -' r 6'-B" I : 4'~1I x s'~" I. !i MAIN FLOOR PLAN I' I. ! i I 11-2~" I" 1'-2~" L :: {" 11 11 tt:~~~~~~~~~~~~~~~~~~~~~~====j)======~========:=:=::jj. 211-0" -'\' '" x if -", o , ~ 'NOTE TI-I15 WALL IS BEARING TO FOOTING IN BASEMENT," --NOTE, END OF OLD ARE< TO BE REMovED AND RB --FLUSI-I I-IEADER NEEDED' ? PRELMINARY NOT FINAL PLANS 21'-0" I r 5'-0" X 4'_611 6'-0" () I -r J:I J Q IS'-S~" () -9 , , .... ~ ,,)0 ,#' _9 -'i' 't 'N t ) ~ ~ 3'-0" 8'-4" N , ---0---- c=J cl.) N' "NOTE: END OF OLD AREA BE REMOVED AND REPLACED, ~ 't -' cl.) '" , " " :: UP " 13'-6" --\l '... _9 Q '-\l 'N 2'-3" '", old chfmne~ 2'-6" x 4'_6" ~ ..... '" N , ~ Q I ill <I '~ Q 3'-0 1'_6 11/16" 5'-011 X 4'_611 , , , , , , , , , , , , , ~-----------------------------r------ll-------------------------~ 21 -II 1/16 SECOND FLOOR LAYOUT SCALE, 1/4" . 1'-0" () - ' () (f'\ ~ () -' N N r I -~ () () - I ~ () PRELMINARY NOT FINAL PLANS -r I -S! B ,ffi' '~~ FRONT ELEVATION 1.00' 32.80' 1UlO' EXISTING 2 STORY ~ HOUSE ~ 31.90' 1'(,90' is 135.00' 1.25' 4.55' 21.60' ~ EXISTING GARAGE ~ 21.60' -I>- o o q LOT 6 -I>- o o q LOT 7 (NO TREES ON THIS PROPERTY) LOT 8 FILE NAME FAZENDINDAVIDSTW.TRV SCALE DATE 20 FVln 2-12-2008 JOB REVISION 08-236 1/1 ~ SHED ~ ~ ct ~ DRAW BY INSERT NAM SHEET 1/1 This map drawn with TRAVERSE PC, Software Traverse PC 135,00' 14.80' 135.00' 135,00' ~ 4.80' N ~ -I>- 0 0 t; q CO a: :::> 0 LL 0 Y: 0 <{ CO I I f. I I I I I 46.60' 0 ..,; 22.40' 1.00' . "-'10.1'- I I 6.00' I 1 I 1 1 I EXISTING ~ 1 ",I 2 STORY Y: :~ NEW ~I HOUSE ~ .....J ADDITION 1 <{ I~ 1 1208 SqFt -I>- S 1 I 0 I I 0 W q 0 12_80'. 0,45' 11..40' 1 16,1)0' (f) I 1_ __ ~6~O:'" __ 23.90' :. ~ 28.70' EXISTING 2 STORY HOUSE g ~ 24.65' 23.20' -I>- P o q I- W W ~ I- en Y: J: .....J <{ l- S ~ w 0 ::J (f) 0 u. J: I- ::J 0 en co a: :::> 0 LL 0 Y: 0 <{ co 60 00' -..--......-......- . ~...._...... I I I I I I I I I I I I I I I~ I I I I I I l I I I I I o 20' ~ . DENOTES IRON MONUMENT FOUND INPlACE AT PROPERTY CORNER o DENOTES 1/2" X 14" IRON MONUMENT SET AT PROPERTY CORNER ADDRESS; 724 SOUTH FOURTH STREET STillWATER, MN 55082 I HEREBY CERTIFY THAT THIS IS A TRUE AND CORRECT REPRESENTATION OF A SURVEY OF THE BOUNDARIES OF: lOT 7, BLOCK 5, CHURCHill, NELSON AND SLAUGHTER ADDITION, WASHINGTON COUNTY, MINNESOTA AND THE lOCATION OF All BUilDINGS, IF ANY, THEREON, AND All VISIBLE ENCROACHMENTS, IF ANY, FROM OR ON SAID lAND, AS SURVEYED BY ME OR UNDER MY DIREST SUPERVISION THIS 12TH DAY OF FEBRUARY, 2008 P J lAND SURVEYING, llC BY:~ PAUL A. JOH LAND SURVE PREPARED BY; P J lAND SURVEYING, llC 12510 MCKUSICK ROAD NORTH STillWATER, MN 55082 651-303-0025 PREPARED FOR: DAVID FAZENDIN 10749 110TH STREET NORTH STillWATER, MN 55082 651-983-5566 ~.w-~=E?~ 1 I'; a'" r H " I . r; L U' M' N " , ~. n ! . ") Planning Report DATE: March 7,2008 TO: Planning Commissioners REQUEST: Add "Libraries, art galleries, theaters and other such cultural facilities" to the P A, Public Administration Zoning District HEARING DATE: March 10, 2008 REVIEWERS: City Planner, City Attorney PREPARED BY: Bill Turnblad, Community Development Director BACKGROUND ArtReach Alliance would like to purchase the property at 224 N. 4th Street from the Huelsmann Estate and renovate it for use as a community center for the arts. The center would be used for offices, classes, small exhibits, and occasional small performances, SPECIFIC REQUEST The property is located within the City's P A, Public Administration Zoning District, which is an institutional district. It currently allows offices, libraries, the post office, churches, hospitals, nursing homes, schools of all types, and studios for the arts. But cultural facilities are not listed as a permitted use, Therefore, ArtReach Alliance is requesting that the City amend its Zoning Ordinance to allow II art galleries, theaters and other such cultural facilities II in the P A Zoning District. COMMENTS The proposed uses of the property all fit within the intent of the institutional zoning district. Moreover, the use of the space for classes, offices and studios would already be permitted. .' City cf *~ Community Development Department IJJ HuelsInann Estate Property Location & Zoning \ I I I I I -MuJb!er-ry-8t- I I I I I I I I I I I Zoning districts D A-P. Agricultural Preservation D RA - Single Family Residential D RB - Two Family D TR, Traditional Residential ~ LR, Lakeshore Residential ~ CR, Cottage Residential _ CTR, Cove Traditional Residential II CCR, Cove Cottage Residential CTHR. Cove Townhouse Residential _ TH. Townhouse ~ RCM - Medium Density Residential _ RCH - High Density Resldantial [EI] VC. Village Commercial _ CA - General Commercial _ CBD - Central Business District ~ BP-C, Business Park - Commercial _ BP-O. Business Park - OffIce D BP-I. Business Park -Industrial lIB IB - Heavy Industrial _ CRD - Campus Research Development _ PA - Public Administration D TZ - Transitional Zone (Township) D Public Works Facility D ROAD _ Railroad IZJ WATER I - _i II -i ~, _I -: _! - - III - - - - See, 31-325. Allowable Uses in Non-Residential Districts. - - - - _I ALLOWABLE USES ZONING DISTRICTS CA CBD VC BP-C BP-O BP-I CRD PA PWFD General retail business uses or P SUP P SUP service; local market1 General retail business uses or P P P SUP service; local and regional market Specialty retail, inci. antique shops P P Department store P P P Drug store P \ Interior decorating sales; sale of P P floor covering, paint, wallpaper, materials and objects of interior ::D decoratinQ (j) ill --.6Pjlliances and furniture, sale of P P Household goods, sale of P P (includinq china) Books, magazines, newspapers, P stationary; sale of \ Gifts, flowers, photographic P sUf2plies; sale of Tobacco products; sale of P Hardware, sale of P P Sporting goods; sale of P Music store . ,P P AJ Supermarket, retail food P SUP P (j) Baked goods, manufacture/retail P P 9I sale of (</= 5 persons employed) ~ 0 Baked goods, manufacturelretail SUp2 P 0 = sale of (> 5 persons employed) Restaurants3 p SUP P SUP m Fast food outlet P &-. Tea rooms, deli, coffee shops, SUP :::J c.o soda fountains, not including the (j) . UJ sale of alcoholic beverages ill 0- Outside eating establishments SUP -. UJ = Drive-in or drive-through: SUP SUP 3 (j) restaurant, eating places or any :::J U) other use involving a drive-in or drive-through activity 1 Such as grocery, fruit and vegetable store, bakery, general store, barber and beauty shop, clothes cleaning and laundry pickup station, business and professional office and the like, supplying commodities or performing services, 2 SUP may only be issued by the city council 3 Including restaurants, lunchrooms, cafeterias, and other such eating places; and places for the sale and consumption of soft drinks, juices, ice cream and beverages of all kinds; BUT, excluding drive-in establishments. Stillwater Zoning Ordinance, City Code Ch. 31 Page 76 ALLOWABLE USES ZONING DISTRICTS CA CBD VC BP-C BP-O BP-I CRD PA PWFD Barber or beauty shops P P P Shoe repair shop P Printina shop P en Photo processina SUP CD <! T ailorina or pressing P o' CD Laundry; agencies, self-service, P P P ({) full service, dry cleaning. Laundry employing> 5 persons SUp1 Carpet, baq and ruq cleaninq SUp1 CD Banks and financial institutions P ro ::J ^ Office; general, business or P P SUP P P P professional Offices; finance, insurance, P SUP P P P editorial or real estate services Offices; administrative P P Offices; business offices that are SUP 0 accessory to permitted uses on =t; the site 0' CD Office buildina P (() Consultant services such as SUP advertising, engineering, architects and designers Radio or television stations P SUP Offices; medical and dental P SUP P P P P Office display or sales space2 P Automotive sales, service and P storage, excluding gasoline filling )> stations, (See Section 31-514, for c performance standards) 0- :3 Service stations or fuel sales (See SUP SUP S. Section 31-514 for performance <' CD standards) Gasoline fillinq station SUp1 Auto repair and related services SUP p3 1 SUP may only be issued by the city council 2 For a wholesale, jobbing or distributing establishment in connection with which not more than 25 percent of the fioor area of the building or part thereof occupied by such establishment is used for making, assembling, remodeling, repair, altering, finishing or refinishing its products or merchandise, and provided that: 1. Any resulting cinders, dust, fumes, noise, odors, refuse matter, smoke, vapor or vibration is effectively confined to the premises; and 2, The ground floor premises facing upon and visible from a major street upon which the premises abut shall be used only for entrances, office or display. 3 Automotive painting, upholstering, tire recapping and major repair, when conducted completely in an enclosed building, Stillwater Zoning Ordinance, City Code Ch, 31 Page 77 ~ I I I II . . . I I . . I . . . .., ,.,..,., . . I~:.. . . . Ii .t.. f\ II II II II II II II II II II . . . . - ALLOWABLE USES ZONING DISTRICTS CA CBO VC BP-C BP-O BP-I CRO PA PWFD Commercial recreational uses SUP m =' Commercial recreational SUP m ;:::\. entertainment ill =' Amusement and recreational P :3 CD establishments 1 ~ Outside entertainment, commercial2 SUP Outside sales or special events2 SUP SUP Outside storaqe SUp3 SUp4 0 Commercial nurseries SUP SUP c 8: Exterior phonographs, paging SUP 0 0 -. systems, musical instruments, etc en that may disturb the peace and quiet of the public Schools, business and technical P P Schools and studios for arts and P P crafts, photography, music, dance Educational institutions, schools SUP P Libraries, art galleries, theaters SUP SUP SUP - and other such cultural facilities =' ~ Libraries or post office P ~ o' Churches, other places of worship P =' Day care/nurseries ~ SUP SUps SUps Group day care P, Governmental facilities SUP SUP Fire station SUP Hospitals, convalescent hospitals SUP and nursing homes Hotel or motel P SUp6 SUP Manufacturinq, limited7 P s Manufacture of baked qoods P ill =' Manufacturing, processing, SUP c -., ill fabrication or assembling of limited (") 2 commodity8 -. =' Retail sales of products SUP (0 manufactured on the site9 1 Such as armories, assembly halls, bowling alleys, dancehalls, pool and billiard parlors, skating rinks and other social, sport or recreational centers operated as a business, provided the place or building in which it is operated is sufficiently sound insulated to effectively confine the noise to the premises, 2 These uses may be approved directly by the city council if the event is a one time special event not occurring on a regular basis, 3 All outside storage shall be screened by a solid wall or fence and landscaping for public view, 4 Must be screened, s Including pre-schools. 6 Hotel or motel or other uses providing visitors with overnight accommodations, 7 Limited manufacturing means conducting a process fabrication, storage or manufacturing of light materials, including electronic components and accessories, 8 Except junk or storage. 9 So long as no more than 20 percenl of building floor area is for retail purposes. Stillwater Zoning Ordinance, City Code Ch, 31 Page 78 · 1-( ~rt~(/~C;~ connecting the community and the arts February 14,2008 Community Development Department City of Stillwater 216 North Fourth Street Stillwater, MN 55082 Dear Members of the Planning Committee and City Council: ArtReach Alliance would like to purchase the property at 244 Fourth Street North, restore the exterior, renovate the interior and prepare the facility for public use. This letter requests a zoning text amendment to Sec 31-325 of the Stillwater City Code to make "Libraries, art galleries, theaters and other such cultural facilities" permitted uses in the P A zoning district. Our community lacks a dedicated space for culture and the arts, and in 2007, ArtReach Alliance hosted a series of public forums to assess community support for such a space. These forums were followed by discussions with a variety of community members and strong support for a dedicated space emerged from those meetings. Consequently, ArtReach Alliance developed a plan to create a community center for the arts. We took initial steps to raise funds to realize the plan, and just now became aware of the limitations imposed by the zoning code applicable to the subject property. We recognize the importance of zoning, and believe that our intent to use the space for offices, classes, small exhibits, and occasional small performances will be consistent with the current uses of the surrounding area and the spirit of the existing code. We seek your assistance in altering the letter of that code so that we can continue our effort in good faith. Thank. you for your consideration. Respectfully yours, (tw~ T)~L- 0) L.. q Q) () c .~ co ..c () Cil Q) L.. t Cil ~ Curtis Dale Board Chair ArtReach Alliance l{) c.o "<t r- m C0 "": r- LO c.o Historic Courthouse . 101 West Pine Street, Stillwater, MN 55082 . About ArtReach Alliance ArtReach Alliance was founded in 1992 and is the area's oldest, largest, and most prominent arts organization. Weare a member-based, non-profit entity comprising artists, arts organizations, and arts businesses. Our scope includes multi-disciplinary programs that serve artists of all media, arts organizations, art patrons, and community members. We contribute to the strength and vitality of arts in our community by providing marketing, education, and exposure opportunities for our members, and organizing art experiences that connect our members to the community, and the community to the arts. We believe that our work to promote the arts helps preserve the unique nature of our community and also contributes its economic well-being. The State of Minnesota and other entities recently published the results of studies showing that community investment in the arts attracts tourist dollars, helps create jobs, and supports overall economic health. More importantly, the arts bring balance, enjoyment and understanding to life, to cSti II~e~~ ~~~~ ~a..;. .-,-- " , ji t 8 i fl T Ii f' . ll. (~ n; M i N t.. f :' n 1 ... j Planning Commission DATE: February 20, 2008 ITEM: Annual Review of temporary garden plant sales CPC DATE: March 10, 2007 REVIEWERS: Community Development Director PREPARED BY: Michel Pogge, City Planner ;11rs(l BACKGROUND The City has annually granted two businesses in town a renewal of a special use permit to sell plants for about ten weeks each spring, These have been located in large parking lots where there are a great number of unused parking spaces. Once again Cub Foods and Linder's Greenhouses are requesting renewal of their SUPs, The City has received no compliments or parking issues related to these temporary uses. Related to Cub Foods, staff has discussed concerns with operating the greenhouse and the proposed fuel station with the local store manager. Cub Food has not begun construction of the fuel station as of data and they have set no time frame for construction. The fuel station was approved by City Council on Sept 5,2006. If they do not begin construction by Sept 4, 2008 their special use permit for the fuel station will expire. To avoid issues with parking, staff recommends again this year a condition that would allow the city to revoke the permit for the greenhouse use if parking becomes a problem. If and when construction begins on the fuel station staff will monitor the situation at the site and take appropriate action, The time period requested is mid April to July 5th for Cub Foods and April 26th to July 9th for Linder's Greenhouses. RECOMMENDATION Staff recommends that the temporary permit be granted for the above specified length of time along with the following conditions: 1. These permits shall be for the specified time in 2008 only. 2. Any indication of parking problems in the area shall be grounds for revoking the permit. 3. There shall be no storage or product sales outside of the designated area. 4, Any proposed changes to the location or size of the sales area shall be subject to review by the Community Development Director. ... Michel Pogge City of Stillwater Planning Commission 216 North Fourth Street Stillwater, MN 55082 Mr. Pogge, Here is our annual request for a conditional use permit for our garden center and greenhouse. The time line of this request if from Mid April to July 5th. In most years this will be done by Mid June due to availability of product and weather conditions. House dimensions are 21 ' x 60' Split rail fence dimension is 60' x 180' Power, water, and phone access will be available at curbside location adjacent to the greenhouse fence, With this location and utility boxes we are able to connect to utilities at the outside hook-ups, The hours of operation are somewhat flexible due to weather and planting conditions. The basic "open for sale" time frame will be 8a.m. to 9p.m. Please let me know if you need any more information regarding our temporary structure. Respectfull y, Mike Mast Store Director Stillwater Cub 651-430-2350 Flower Mart Division 275 W Wheelock Pkwy St. Paul, MN 55117 612.685.7993 Fax: 651.255,0445 E-mail: caiocella@linders.com GREENHOUSES, GARDEN CENTER & FLOWER MARTS ~-~-'~~1fY~~;~_ ftiIF.~.~~~ . .... " ill.. >.?d1IiW. . . ,p..m."'f.:~~ February 15, 2008 Bill Turnblad Community Development Director City of Stillwater 216 N. Fourth St. Stillwater, MN 55082 Dear Mr. Turnblad, Please consider this letter our request to renew our Special Use Permit with the City of Stillwater for our 2008 Flower Mart at the Valley Ridge Plaza. According to our approval in 2002 the permit must be reviewed annually by the City of Stillwater. This will be our seventh year at this location. I am very happy to report that we have been very well received here and we are eager to return to service the customers we have earned. We have heard many excellent comments from our customers here regarding Linder's coming to Valley Ridge and our quality, selection, customer service and warranties. We are planning to locate in the same position as in 2007. This location worked very well and had little or no impact to the traffic flow in the lot. I'm sure that if anything, it had a good effect on the traffic through the lot. Our selling period for 2008 will be the same as in 2007; a seventy five day period from April 26 thru July 9, and we will be setting up according to the same schedule as last year. As in the past we will abide with all of the other provisions in the original agreement. We are eager to continue being an excellent addition to the City of Stillwater and feel that we are doing a very good job here and compliment the Plaza's selection of retailers. We have contact the owner of the Center and have been able to establish an excellent relationship, They are eager to have us return. ;2/t~~ 74'e Seed'a 7~ gFUt~~ ?~ItLc.;(e We hope that we will again have an exciting spring season here, I have attached diagrams of the Flower Mart as it will be in 2008. If there is anything else we need to do please contact me at 612-685-7993. We are eager to return and be a part of providing Stillwater area residents with employment and plant materials to beautify their properties and gardens. Sincerely, ~~ ---~-~.._. .....--...~ -.-----' --- .c:-:" Caio Cella Division Manager - Flower Marts ~~~~~--~~~ ..~M_~M~""~~~~~~ ~~Q.aM.Q* -- a_a. Q GoaD_aD M~g~;~~=::;:~~~::~:::~:=~~~: ~N~N~..MN~::~N~~~~~~~~~N..~~ I · I I I I I I I , I I I I I I I I I I I I I I I I I I ~<m:~~~~3Q~~m=~~=~~~w::~~... ~ ~ ~ HtHtttH1 HtHtttH1 HtHtttH1 WHtH-m M#tH =l WHtmjHHw ~ , ~~ ::: :II :: .....~., .., "" N "" ;;; N ., ::; !:! ,.,--..--...... ~\.. , 'aMl UJalSaM\.ll-lOU ii . ctI E r:: o B .2 0 0 N -;; -;; .!l '" '" ;;; "' '" ;; c: '" '" 0 0; '" 0 '" CO '" :;:; '" ... 0 ctI <> 0 E .s; .... " ... " -l: .g a " C> " " .5 " :0 " 0 a " :0 10 Q) " " ~ -'" " > .... " ~ " 'en 0 "0 al 0 .... lD ell al C 0 .l: fl <0 ~C+ '" t ~ ~ ~ .c ell 4: :E ~ lD - al Ui ~ r:: ctI ~ C. Q) .... ..J 'en i.L Vi d: W 0 "2 .J CC5 +-- o (f) Q) C c E l- Cd~ N~ C\J~ - 0.. (1) oof--I .c~ 0)CC5 c -- '- <D~ ..c~ ..c ~t <Dg >~ - - CI') ~>. CC5 ~ ..c 0) ..c Q) ~ CC5 ~ (f) C) bJ) '"d .~ ~ >. C) ~ ~ ro > ~ C) ~ ~ ~ ~ .~ -.j-J r./J. ~ ~ p.., ~ o o ~ ~ \0 ('r) _._-,.-<---~-------.---- ----~-- --- -------------.------ /-,// o M -~/ (\);..... () (\) ';> 15 ;""';:i (\)0 CflU L \ \ \ ,-., 01 '--'" "'----- ~ 'R i:.LI i:o ,-., 01 '--'" ;.... Q) ....c: CI) '5 OJ) .5 ...... x W (\) ;..... ~ ---_.~-..........., <T> ~) (!) CI) ;::l ,.-; 0 /I ~ N e ('r) C) --- ('r) ~ . . (!) ....... ~ ~ () r:/J. N ,......., '- ........ ;... ~ ;... ~ ~ ~ ~ ~ '" ~ ~ ~ . ""'"' ~ ~ Q) ~ = Q). u Q) ~ "'C .~ ~. ~. <lJ ~ ~ ~ ;, I ~ Q) ~ ~ ~ ~ ~ .,....c. ~ '(fl ~jlW~) 'Hi BIA1HP,.r, 01 M1NNr'OIA ') Planning Commission DATE: March 4/2008 ITEM: Annual Review of St Croix Boat and Packet Co, and Gondola on the St Croix wharfage permits CPC DATE: March 10/ 2007 REVIEWERS: City Administrator and Community Development Director PREPARED BY: Michel Pogge, City Planner !11ft BACKGROUND As a condition of approval of the special use permit issued of the St Croix Boat and Packet Co./ an annual review is required, A part of the review includes a wharfage permit for the Gondola on the St. Croix that uses the public dock for boarding, We have received no significant complaints on the operation or maintenance of the docks area. The St Croix Boat and Packet Co. operate six boats from the docks and provide transient boat dockage for visitors by water. Their previous year's tips and passenger counts are as follows: St. Croix Boat and Packet Co. Charters Excursions Boats Trips Passenqers Trips Passenqers Jubilee II 83 7,186 58 4,559 Andiamo 73 2,578 1 0 Anastasia 144 6,385 17 502 Andiamo Showboat 140 11,314 115 7,143 Empress Andiamo 60 8,039 108 13,426 Avalon 52 16,060 59 16,162 Total 552 51,562 358 41 ,792 The gondola booked 1000+ / - passengers in 2007. Annual Review of St Croix Boat and Packet Co. and Gondola on the St Croix wharfage permits Page 2 The 2008 dock permit includes an increase of $50,00 per boat or $300,00 total over the 2007 permit. The fees for 2008 are $1,550.00 per boat for a total of $10,850.00, STAFF RECOMMENDATION That the Planning Commission recommend that the City Council renew the special use permit for 2008 and the City Council approve the 2008 dock permit. Attachments: Proposed 2008 Dock Permit DOCK PERMIT Pursuant to Chapter 48.6 of the Stillwater City Code, the Stillwater City Council ("City") hereby grants to the St. Croix Boat and Packet Company ("Company") a Dock Permit upon the following terms and conditions: 1. LOCATION. The Dock may be maintained in the St. Croix River approximately 150 feet south of East Nelson Street, on the parcel owned by the City and located immediately south of the Dock Cafe parcel of land, 2. OTHER RULES. The company must abide by the rules and regulations and permit conditions of the Corps of Engineers of the United States Army and the Minnesota Department of Natural Resources. Any charter or excursion vessels carrying passengers for hire and using docks must abide by applicable U.S. Coast Guard regulations. 3. NO GAS PUMPS. No gas pump may be located on the dock. 4. NO DISCRIMINATION. The Company may not discriminate against any person on the basis of race, creed, national origin, sex or social status. 5. WATER FRONT REGULATIONS. The Company must abide by all rules and regulations and restrictions set forth in Chapter 4881 of the Stillwater City Code relative to the waterfront. 6. SPECIAL USE PERMIT. The Company must abide by the conditions as set forth in the Special Use Permit (SUP/88-00) issued to Company by the Stillwater City Council, dated July 18,2000. 7. SCHEDULE OF FEES AND REPORT OF ACTIVITY. Upon request of the City, the Company must submit a schedule of fees charged for the general and transient boat docking and a report of summarizing the boating activity for the year. The activity report must state the number of boating trips made each week and the number of passengers carried during the week. 8. INSURANCE. The Company must provide the City with Certificate of Insurance evidencing One Million/Three Million General Liability Coverage of their operation, naming the City as an additional insured under the policies as their interest may appear. , I 9. PUMP OUT PRIVILEGES. The Company must provide pump-out privileges for marine heads for any boater requesting this privilege at the same rate and fee charged to boats that are moored at the dock for a fee. 10. INSPECTIONS. The City reserves the right to request inspections of heads, electrical systems or other unsafe conditions on or about the dock or any vessel moored thereto. 11. USAGE. The moorage at the dock facilities is limited to four (4) charter and or excursion boats and one (1) service boat not exceeding 26 feet in length. Up to two (2) additional charter and or excursion boats or vessels may dock/moorage at the dock facilities as permitted by the U.S. Army Corp of Engineers and the Minnesota Department of Natural Resources for repairs and/or passenger loading. The Company must accommodate a reasonable number of public "walk on" passengers and Company must also accompany a reasonable number of transient boats. In no event must the number of boats or vessels exceed the moorage limitation contained in the permits issued by the u.s. Army Corp of Engineers and the Minnesota Department of Natural Resources. 12. PERMIT FEE. The annual permit fee is $1,550.00 each for the Avalon (a 675 passenger rear wheeler), Empress Andiamo (a 325 passenger rear wheeler), Andiamo Showboat (a 150 passenger rear wheeler), Jubilee II (a 200 passenger rear wheeler), and the transient and Company boat docks. Additionally the company shall pay an annual permit fee of $1,500.00 for the right to dock, repair at and/or load passengers for the following boats that are normally moored at Sunnyside Marina: the Andiamo (a 115 passenger side wheeler) and the Anastasia (a 75 passenger rear wheeler). The total permit fee for 20<1>> shall be $10,850.00. The permit shall also allow a 26-foot service boat. 13. TRANSIENT BOATS. Transient boats are defined as vessels that use the dock as a stopover privilege on a trip that does not originate from the dock. Transient boats must be limited to dock up not more than 24 hours per stay. "Bareboat" charter vessels are considered transient boats if the origination of the trip, including loading of passengers, takes place elsewhere. 14. PARKING. The City reserves the right to request the Company's assistance in assuring that patrons and guests of the Company will park in a designated municipal parking lot. 15. FIRES. No person may build a fire in any area of the docking premises or in any vessel moored at the dock. - 2 - . , ~ I". 9. PUMP OUT PRIVILEGES. The Company must provide pump-out privileges for marine heads for any boater requesting this privilege at the same rate and fee charged to boats that are moored at the dock for a fee. 10. INSPECTIONS. The City reserves the right to request inspections of heads, electrical systems or other unsafe conditions on or about the dock or any vessel moored thereto. 11. USAGE. The moorage at the dock facilities is limited to four (4) charter and or excursion boats and one (1) service boat not exceeding 26 feet in length. Up to two (2) additional charter and or excursion boats or vessels may dock/moorage at the dock facilities as permitted by the U.S. Army Corp of Engineers and the Minnesota Department of Natural Resources for repairs and/or passenger loading. The Company must accommodate a reasonable number of public "walk on" passengers and Company must also accompany a reasonable number of transient boats. In no event must the number of boats or vessels exceed the moorage limitation contained in the permits issued by the U.S. Army Corp of Engineers and the Minnesota Department of Natural Resources. 12. PERMIT FEE. The annual permit fee is $1,550.00 each for the Avalon (a 675 passenger rear wheeler), Empress Andiamo (a 325 passenger rear wheeler), Andiamo Showboat (a 150 passenger rear wheeler), Jubilee II (a 200 passenger rear wheeler), and the transient and Company boat docks. Additionally the company shall pay an annual permit fee of $1,500.00 for the right to dock, repair at and/or load passengers for the following boats that are normally moored at Sunnyside Marina: the Andiamo (a 115 passenger side wheeler) and the Anastasia (a 75 passenger rear wheeler). The total permit fee for 20~ shall be $10,850.00. The permit shall also allow a 26-foot service boat. 13. TRANSIENT BOATS. Transient boats are defined as vessels that use the dock as a stopover privilege on a trip that does not originate from the dock. Transient boats must be limited to dock up not more than 24 hours per stay. "Bareboat" charter vessels are considered transient boats if the origination of the trip, including loading of passengers, takes place elsewhere, 14. PARKING. The City reserves the right to request the Company's assistance in assuring that patrons and guests of the Company will park in a designated municipal parking lot. 15. FIRES. No person may build a fire in any area of the docking premises or in any vessel moored at the dock. - 2 - r" .~ P"r-- 16. OBSTRUCTIONS. The City does not by granting this permit accept any responsibility for dredging the dock area or making the dock area free from obstructions or other hazards to navigation. 17. STORAGE. The City is not responsible for storage of the docks during the off-season and the Company must abide by any decision ofthe City with regard to storage. 18. RESERVATION OF RIGHTS. The City reserves the right to add or amend these rules when needed to protect the health, safety and welfare of the City. 19. RIGHT OF ENTRY. The Company agrees to grant the City a right of entry upon any portion of the City property upon which the Company has constructed tenant owned improvements for the purposes of constructing Phase III of the Stillwater Levy Wall project during the year 2008, subject to reimbursement to Company of any expenses associated with moving tenant owned improvements that are lawfully due to Company and under the Federal Relocation Standards Act. 20. DURATION. The duration ofthis permit is from January 1,2008 through December 31,2008. 21. TERMINATION. This permit may be terminated by the City at anytime it is deemed necessary for the protection of the public safety, health or welfare or for a violation of any conditions of this permit. Dated this of ,2008. CITY OF STILL\VATER By: Ken Harycki, Mayor Attest: Diane F. Ward, City Clerk - 3 -