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HomeMy WebLinkAbout2009-12-14 CPC Packetliwater T CITY10FASTILLW9#TER PLANNING COMMISSION NOTICE OF MEETING MONDAY, DECEMBER 14, 2009 The City of Stillwater Planning Commission will meet on Monday, December 14, 2009, at 7 p.m. in the Council Chambers at Stillwater City Hall, 216 North Fourth Street. City of Stillwater Planning Commission regular meetings are held at 7 p.m on the second Monday of each month. All City Planning Commission meetings are open to the public. AGENDA 1. CALL TO ORDER 2. APPROVAL OF NOVEMBER 9, 2009 MINUTES 3. OPEN FORUM The Open Forum is a portion of the Commission meeting to address subjects which are not a part of the meeting agenda. The Commission may reply at the time of the statement or may give direction to staff regarding investigation of the concerns expressed. Out of respect for others in attendance, please limit your comments to 5 minutes or Tess 4. PUBLIC HEARINGS. The Chairperson opens the hearing and will ask city staff to provide background on the proposed item. The Chairperson will ask for comments from the applicant, after which the Chairperson will then ask if there is anyone else who wishes to comment. Members of the public who wish to speak will be given 5 minutes and will be requested to step forward to the podium and must state their name and address. At the conclusion of all public testimony the Commission will close the public hearing and will deliberate and take action on the proposed item. 4.01 Case No. 09-47. A special use permit transfer of the James Mulvey Inn to Teary O'Hana and Lee Sathen located at 622 West Churchill Street in the RB, Two Family Residential District. Teary O'Hana, applicant. 4.02 Case No. 09-48. A special use permit for co -location of Clearwire antennas on the existing T-Mobile tower with equipment cabinet to be located within existing fenced compound located at 523 West Marsh Street in the RB, Two Family Residential District. David Fischer, Buell Consulting, applicant. 4.03 Case No. 09-49. A preliminary and final plat approval for the subdivision of one lot into two lots located at 12550 72"d Street North and a zoning map amendment to rezone from AP, Agricultural Preservation to LR, Lakeshore Residential. Bob and Janet Meisterling, applicant. 4.04 Case No. 09-50. A variance request to enlarge a two -stall garage located at 5 River Heights Drive in the RA, Single Family Residential District. Janet Jezior, applicant. 4.05 Case No. 09-51. A variance request for the construction of a lean-to located at 641 Hidden Valley Court in the RA, Single Family Residential District. Grant LaForce, applicant. 5. OTHER BUSINESS CITY HALL: 216 NORTH FOURTH STREET • STILLWATER, MINNESOTA 55082 PHONE: 651-430-8800 • WEBSITE: www.ci.stillwater.mn.us City of Stillwater Planning Commission November 9, 2009 Present: Dave Middleton, Chairman, Suzanne Block, Mike Dahlquist, Robert Gag, Dan Kalmon, Mike Kocon, John Malsam, Scott Spisak and Charles Wolden Staff present: Community Development Director Bill Turnblad and Planner Mike Pogge Chair Middleton called the meeting to order at 7 p.m. Approval of minutes: Mr. Dahlquist, seconded by Mr. Malsam, moved approval of the minutes of Oct. 12, 2009. Motion passed unanimously. OPEN FORUM No comments were received. PUBLIC HEARINGS Case No. 09-44 A special use permit for co -location of Clearwire antennas on the existing T- Mobile tower with equipment cabinet to be located within existing fenced compound at 1758 Washington Ave. in the BP-1, Business Park Industrial District. David Fischer, Buell consulting, applicant. The applicant was present. Mr. Pogge reviewed the site; he said the request is to locate the Clearwire antennae at about the 70' level of the existing 98' monopole by Brine's Market on Washington Avenue. All necessary ground equipment would be located within an existing fenced area, he said. Mr. Pogge stated the request meets all the criteria for the issuance of a conditional use permit for an antenna and approval is recommended. Mr. Middleton opened the public hearing. No comments were received, and the hearing was closed. Mr. Malsam noted this request would not add any additional height or be any more visually intrusive than the existing tower. Mr. Kalmon said he liked the co -location on an existing tower and moved approval with the conditions listed in the staff report. Mr. Wolden seconded the motion; motion passed unanimously. Case No. 09-45 a variance request for construction of a deck and ramp at 615 Hickory St. W. in the RB, Two Family Residential District. Eugenia Junker, applicant. The applicant was present. Mr. Pogge reviewed the request and the three criteria for the granting of a variance; he showed photos indicating the setbacks of other homes in the area and noted the request would not result in this home having a closer setback than surrounding properties. Mr. Pogge pointed out there is an existing ramp on the home, but it does not meet ADA standards because of the slope. Ms. Junker spoke of the need for the new ramp because of safety concerns. Mr. Kocon asked if the existing ramp would be removed; the applicant stated they would like to have a secondary means of egress and they are not considering removing the existing ramp at this time. Ms. Block inquired as to why the proposal is to build the ramp/deck 3' larger than minimum ADA standards; the applicant explained the structure has to wrap around an existing pole. Mr. Middleton opened the public hearing. No comments were received, and the hearing was closed. Mr. Kocon, seconded by Mr. Malsam, moved approval with the two conditions listed in the staff report. Mr. Dahlquist said he thought when the Commission considered a similar request for a variance for a ramp, language was added that tied the variance to the need for handicapped access; Mr. Pogge said typically a variance runs with the property, not an owner. Mr. Wolden said he thought that was a valid concern, suggesting that without the ramp, the 1 City of Stillwater Planning Commission November 9, 2009 Commission wouldn't be considering approving this variance. Mr. Malsam suggested consideration should be given to how a proposal fits in with the surrounding neighborhood and suggested that this proposal would not be out of place with the surrounding properties. Ms. Block pointed out that other porches in the neighborhood are covered structures, unlike this proposal. Motion to approve as conditioned, passed 6-3, with Ms. Block, Mr. Dahlquist and Mr. Wolden voting no. Case No. 09-46 A variance request for a garage expansion at 5 River Heights Dr. in the RA, Single Family Residential District. Janet Jezior, applicant. The applicant and her designer, Paul Knudson, were present. Mr. Turnblad reviewed the request to add a third stall to the garage and change the elevation of the roof line of the home. Mr. Turnblad noted that generally when considering a variance request, the standard is to consider whether the request is to accommodate a use that is normally necessary for the enjoyment of one's property or whether it is to accommodate a want — such as the need for additional storage — that is not met. Mr. Turnblad noted that this property is zoned RA, a zoning intended to provide more open space in a neighborhood. The street corridor in an RA district is supposed to 120' wide, he said; with this requested variance and a previous variance granted for a pool in the immediate neighborhood, the street width would be 83-84', substantially Tess than the 120'. Mr. Middleton asked if other homes in the immediate area encroach into the setback area. Mr. Turnblad agreed that the other houses are very close to the setback, but noted that 3' is allowed for eave overhang. On a question by Mr. Dahlquist, Mr. Turnblad said the proposal to change the roofline of the house would not require a variance. Ms. Block asked if the change to the roofline would impact any views; she also asked whether the existing porch space could accommodate the garage addition. It was noted that the porch was recently redone and the applicant would not want to change that space. Mr. Kocon asked about the proposed width of the garage addition, noting that if the addition were 10' wide, rather than the proposed 12' wide, the structure wouldn't encroach any further into the setback than the existing structure, yet would still provide architectural interest; Mr. Knudson and Ms. Jezior said the 12' width is proposed in order to stay even with an existing deck. Mr. Middleton opened the public hearing. No comments were received, and the hearing was closed. Mr. Kocon moved to deny the variance as further encroachment in the setback is not needed to achieve the desired architecture and function, it is needed only for extra space. Mr. Dahlquist seconded the motion, noting that there are other options for the garage — locating the garage on the other side of the house and/or relocating the porch. Mr. Kalmon said he would not be in favor of extending a non -conforming structure and noted the applicant has sufficient garage space currently. Mr. Malsam suggested this could set precedence for further variances. Ms. Block suggested this comes back to the issue of the three criteria for the issuance of a variance and that granting of a variance must be based on "exceptional" conditions that create a hardship; she noted there are a lot of other options available to the applicant. Mr. Knudson asked for direction from the Commission as to what might be acceptable should the Commission deny the request; Mr. Gag noted the Planning Commission does not make such design recommendations and suggested the applicant work with staff. Mr. Dahlquist asked whether a variance would be needed if the applicant came back with a proposal to put the garage in the back of the house and relocate/redo the porch; Mr. Turnblad said a variance is needed any time the footprint of a non -conforming structure is changed. On another question by 2 City of Stillwater Planning Commission November 9, 2009 Mr. Dahlquist, Mr. Turnblad said the applicant would not have to wait a year before coming back with a different proposal. Motion to deny passed by unanimous vote. Case No. 09-43 A zoning text amendment to City Code Section 31-010 entitled "Definitions" and Section 31-400 entitled "Flood Plain Overlay District" related to the adoption of new flood plain maps and a new flood plain ordinance. City of Stillwater, applicant. This case was moved to the last item on the agenda. Mr. Pogge noted that the proposed amendment is in response to revised FEMA maps and is needed to maintain the City's status in the federal flood insurance program. Mr. Pogge stated the amendment represents no major changes. Mr. Dahlquist asked about apparent discrepancies in the elevations listed on page 11 and page 16; Mr. Pogge explained that one elevation is for structures in the general flood plain and the other is a reference to requirements for a channel floodway. Mr. Dahlquist asked about requirements for parking structures that are below flood elevations, suggesting there should be a plan in place for when those structures are inaccessible. Mr. Dahlquist also suggested that the City should make an effort to let people know they are still at risk of flooding even if their property is not in a designated high risk area. Mr. Pogge agreed and noted that every property owner is eligible to purchase flood insurance. Mr. Spisak asked if it truly is allowed to place 1,000 yards of fill on a site more than one time, as indicated on page 11 and page 13; Mr. Pogge responded in the affirmative. Mr. Turnblad noted that each time that is done, a CUP is required. Ms. Block, seconded by Mr. Wolden, moved to recommend approval of the zoning text amendment. Motion passed unanimously. OTHER BUSINESS Ms. Block asked the Commission whether it should look further into the issues of handicapped accessible structures. Mr. Kalmon suggested perhaps it might be more appropriate to issue Special Use Permits, rather than variances. Mr. Turnblad said staff could look into the issue and come back with some recommendations. Ms. Block, seconded by Mr. Kocon, moved to adjourn at 8:30 p.m. Motion passed unanimously. Respectfully submitted, Sharon Baker Recording Secretary 3 co ƒ Gree'ey St s County 15/Manning Ave N State Highway 96 0 } 2 / / J= 0 3 3 » 2 / / c deW uogeooi pafoad Planning Commission DATE: APPLICANT: REQUEST: December 9, 2009 CASE NO.: 09-47 Teary O'Hana and Lee Sathen Transfer of a Bed and Breakfast Special Use Permit from Cynthia Hannig to Teary O'Hana and Lee Sathen for the James Mulvey Inn LOCATION: 622 Churchill St W COMPREHENSIVE PLAN DISTRICT: SFSL - Single Family Small Lot ZONING: RB - Two Family CPC DATE: December 14, 2009 REVIEWERS: Community Dev. Director PREPARED BY: Michel Pogge, City Planner M1 DISCUSSION The applicant is requesting that the special use permit for the James Mulvey Inn be transferred from the current owner Cynthia Hannig to Teary O'Hana and Lee Sathen. The James Mulvey Inn currently has 7 units with 5 units in the main home and 2 units is the carriage house. The Lawson s, the original owners of the Mulvey Inn, continue to own, live in, and operate the carriage house in conjunction with the Mulvey Inn. Mr. O'Hana and Mr. Sathen have agreeded to the conditions of the original permit and that are listed below. EVALUATION OF REQUEST All bed and breakfasts require a special use permit. A special use permit may only be granted after the applicant has demonstrated that they have met the 12 conditions for a bed and breakfast. This site meets all of the conditions including the required number of off-street parking spaces, the site is located at least 900 feet from the nearest bed and breakfast, and the home was built over 100 years ago. The exterior facade of the building and the name of the Inn are proposed to remain the same. 622 Churchill St W Page 2 RECOMMENDATION Approval as conditioned. CONDITIONS FOR APPROVAL 1. This Special Use Permit is issued to Lee Sather and Teary O'Hana, and shall not be transferred, assigned or conveyed to any other firm or successive owner. 2. The manager of the residence shall live on -site. 3. The owner shall comply with all Health, Fire, Building, and Safety Rules and Regulations of the State of Minnesota and the City of Stillwater. 4. That a maximum of five bedrooms and ten guests per day shall be accommodated at the 622 Churchill St West property at any one time. 5. The property at 807 Harriet St S shall no longer be used as an independent bed and breakfast since it will be under separate ownership and fails to meet the City's 900 feet separation requirement for bed and breakfasts. 6. No pets of guests shall be allowed at the facility. 7. Meals may be served only to guests of the facility without a separate Special Event Permit. 8. The premises shall not be used as a rooming house, boarding house, hotel or motel. 9. The Bed and Breakfast is allowed one identification sign not exceeding four (4) square feet and shall be located on site. The sign plan shall be reviewed by the Community Development Director before installation. 10. The applicant shall submit the type of lighting and intensity level for the walkway lighting for review and approval by the Community Development Director. 11. There shall be no additional external lighting of the site or residence. 12. One off-street parking space for each guestroom shall be set aside and marked "FOR GUEST ONLY." Two off-street parking spaces shall be available for the on -site manager. 13. Visitor parking shall all remain on the applicant's property, not on Harriet Street or Churchill Street. 14. The property owner of 622 Churchill shall help keep the portion of the ravine on their property clean. 15. All previous planning cases related to this property, including but not limited to, 2006-56 shall expire and be null and void upon approval of this Special Use Permit. 16. The Bed and Breakfast Use Permit shall be reviewed before the Planning Commission and City Council for revocation if complaints regarding the bed and breakfast are received by the Community Development Director. FINDINGS The proposal, as conditioned, meets the intent of the City's zoning ordinance for Bed and Breakfasts. Attachments: Applicant's Form and Letter PLANNING ADMINISTRATION APPLICATION FORM COMMUNITY DEVELOPMENT DEPARTMENT CITY OF STILLWATER 216 NORTH FOURTH STREET STILLWATER MN 55082 Case No: Date Filed: Fee Paid: Receipt No.: ACTION REQUESTED ✓l03 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. Allsupportingmaterial (i e., photos, sketches, etc.) submitted with application becomesthe propertyof the 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 Project 2 C \`�` ` R �', - v� Assessors Parcel No.` 6`� l �C / (GEO Code) Zoning District Description of Project J Nk �\ L e j 3, k Ni "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.i"03C0 (, //t 0 Jog" r1,r r� k. �' � en `� -really ® I Property Owner (-tRepresentative ' (k R-`j ` Mailing Address C `) eL t-Lt \ C \ S_\ - ki, Mailing Address C;:, `7 a elk-LA-0 0 CtAr (\ 5 = w City - State - Zip V; C t vs cv V 't, C`i 5 50 ,2 City - State - Zip S r (t �u , H t•' CO 2- Telephone No. 's l H 30 o� a T Telephone No. &s ( I- 3 8100 r Signature \-t--e_. S\.�` ` L. v‘ Signature( }' b " . (Signature is required) (Signature is required) SITE AND PROJECT DESCRIPTION Lot Size (dimensions) x Land Area Height of Buildings: Stories Feet Principal Accessory H*\mcnamara\sheila\PLANAPP.FRM June 9. 2006 Total Building floor area square feet Existing square feet Proposed square feet Paved Impervious Area square feet No. of off-street parking spaces 9-20-09 Michel Pogge City Planner Michel, Thanks for yourcoaching on the transition of ownership structure for the James Mulvey Inn. Attached please find the application form with the change of contact information. Resolution No. 2007-09 can be amended to include Teary O'Hara and myself as current co -owners. While I can make a case and provide documents that I have been a co-owner since December of 2006, I understand that the city requires a new application and fee with this change of contact information. A check for $500 is attached. Teary and I have several cosmetic restoration projects going at the Inn. You may be pleased to know that we are making every effort to preserve the original integrity and beauty of this very special place. With appreciation for your support and our thanks to the City Council Lee Sather Planning Commission DATE: REQUEST: APPLICANT: LAND OWNER: LOCATION: COMPREHENSIVE ZONING: MEETING DATE: REVIEWED BY: PREPARED BY: December 10, 2009 CASE NO.: 09-48 Conditional Use Permit to locate wireless antennas on an existing communication monopole with necessary ground appurtenances. David Fischer for Clear Wireless LLC dba Clearwire ISD #834 (Stillwater Area Schools) Northwest corner of the site at 523 March St W PLAN DISTRICT: SFSL - Single Family Small Lot RB - Two -Family Residential December 14, 2009 Community Development Director Michel Pogge, City Planner 1 BACKGROUND David Fischer for Clear Wireless LLC dba Clearwire has made application for a conditional use permit to co -locate on an exiting communication monopole and to install necessary ground appurtenances on the Stillwater Junior High Site at 523 Marsh St W. The existing multi -purpose tower is 90 feet tall. Currently on the tower, stadium lighting is located 90-feet high and antennas for T-Mobile are located 80-feet high. Clearwire proposes to locate their antennas at a height of 70-feet. Necessary appurtenances include a proposed 7' by 7' lease area for ground equipment. All of the equipment will be located inside the current fenced area. Clearwire is a provider of WiMax data service. WiMax is a fourth -generation, or 4G, wireless technology that is advertised to run 10x faster than current 3G wireless data service. Unlike traditional cellular service providers, Clearwire is a wireless broadband ISP (internet service provider) and does not provide traditional voice service like Verizon, T-Mobile and other similar cellular service providers. SPECIFIC REQUESTS Clear Wireless LLC dba Clearwire CUP December 10, 2009 Page 2 An antenna co -location within the City requires a Conditional Use Permit.1 Therefore, Mr. Fischer has requested a Conditional Use Permit for the collocation of Clear Wireless LLC dba Clearwire equipment on the existing tower. EVALUATION OF REQUEST A Conditional Use Permit when the following conditions are mete: 1. Satellite dishes for television receiving only are subject to the accessory structure requirements for residential districts; This is not applicable to this request. 2. All antennas must be designed and situated to be visually unobtrusive, screened as appropriate, not be multicolored and may contain no signage, including logos, except as required by the equipment manufacturers or city, state or federal regulations. This is a collocation on an existing and approved multi -purpose tower that includes stadium lights and communication antennas. As required of T-Mobile, Staff recommends a condition that Clearwire's antennas be painted a color that matches the tower. 3. An antenna placed on a primary structure may be no taller than 15 feet above the primary structure. Any accessory equipment or structures must be compatible with the design and materials of the primary structure and not visible from a public street. The first part of this requirement is not applicable to this request. For the second part, as required of T-Mobile, Staff recommends a condition that Clearwire's equipment cabinets and the platform be painted a color that matches the wall of the existing press box. 4. Towers are allowed subject to design review. The purpose of design review is to protect the historic integrity, natural setting, and character of Stillwater's residential areas. Since this is a collocation request on an existing tower, this request is,not subject to design review. 5. Minimum land area for freestanding monopole site in residential districts is one acre. The subject parcel is just over 37 acres in size and is part Stillwater Junior High site. City Code Ch. 31-512, Subd. 3 City Code Ch. 31-512, Subd. 3(a) Clear Wireless LLC dba Clearwire CUP December 10, 2009 Page 3 6. A tower and any antenna combined may be no more than 75 feet in height, or 100 feet in height if collocated. The existing tower is only 90 feet tall and therefore meets the height requirement for collocated users. 7. A tower may not be located within 100 feet of any existing or planned residential structure. The tower is over 350 feet from any existing residential structure. There are no planned residential structures in the area that would be impacted by this tower. 8. A tower must be setback from a street line a minimum of the height of the tower and any antenna; and towers or antennas may be sited in preferred locations as listed in Subd. 2 of this Section 31-512 subject to design permit approval. The tower is approximately 450 feet from the nearest right-of-way and 350 feet away from the nearest property line. School sites is one of the preferred locations as listed in Section 31-512, Subd. 2. ALTERNATIVES The Planning Commission has the following options: 1. Recommend City Council approval of the requested Conditional Use Permit with the following conditions: a. All revisions to the approved permit shall be reviewed and approved by the Community Development Director. b. No additional signage is allowed, except for required regulatory warning signs. The applicant shall submit all required regulatory warning signs for review and approval by the Community Development Director prior to installation. c. The antennas shall be painted the same color as the adjacent tower. The determination on when the antennas shall be repainted will be made by the City of Stillwater Community Development Director. Clearwire, or the current tower owner, shall repaint the antennas within 90 days after receiving notice by the City. d. The equipment cabinets shall be painted the same color as the adjacent press box. The determination on when the cabinets shall be repainted will be made by the City of Stillwater Community Development Director. Clearwire, or the current tower owner, shall repaint the platform and cabinets within 90 days after receiving notice by the City. e. Provide existing and proposed network coverage maps of Clear Wireless LLC network in the City of Stillwater to City Staff. 2. Recommend City Council deny the Conditional Use Permit. 3. Continue the public hearing until January 11, 2009 in order for the applicant to submit additional information. The 60 day decision deadline for the request is January 9, 2009; however, staff could extend the review deadline for an additional 60 days as allowed by state statutes. Clear Wireless LLC dba Clearwire CUP December 10, 2009 Page 4 STAFF RECOMMENDATION City staff believes that the proposed collocation satisfies the necessary conditions for a CUP and therefore recommends that the Planning Commission recommend City Council approval of the CUP with the two conditions detailed above. attachments: Applicant's Letter and site plan PLANNING ADMINISTRATION APPLICATION FORM COMMUNITY DEVELOPMENT DEPARTMENT CITY OF STILLWATER 215 NORTH FOURTH STREET STILLWATER MN 550112 Care Na Deis Ftied: Fee Pell: Recdpl No.: ACTION REQUESTED X Special/Conditional Ua9 Permit Variance Reeubdivittion 8ubdivIdon` Comprehends* Plan Amendment` Zoning Amendment` Planning Unit Development • Certificate of Compliance Lot Line Adjustment 'An escrow he Is also required to offset the coats of attorney and engineering fees. The fees for requested action are attached to this application. The applicant is responsible for the completeness and accuracy of all forms and supporting material submitted In connection with any applicator. Ali supporting material (1 e., photos, sketches, etc.) submitted with application becomes the property of the Clbr of Stllhvatar. Sham (10) copies of supporting motorist art required If application is submitted to the C1q' Council, twelve 02) copies of supporting meterlal are required A site plan showing drainage and setbacks Is requited with applications. A complete legal description of subject properly is required Any incomplete application or supporting material will delay the application process. After Planning Commission approvals. there 1s a 10•day appal period. Once the 10•day appea! period has ended, the applicant will receive a zoning use permit which must be signed and submitted b tin City to *Mein the required building permits. PROPERTY IDENTIFICATION Add/es/sof Project _ -Z3 Q. I+tt S�. j � . <4;11,, Aivfw+4 Cr.677 Aae sloes Peivel No. 63 43Q,I.Q I '> 11 (GEO Code) Zoning District RS Description of Project s.t f A.1:J krt 4 •e3ii) 9 hereby state the foregoing statements and ell date, information and evidence submitted herewith In all respects, to the best of my knowledge end belief, to be true and correct l further certify 1 wli! comply with the permit iflt Is granted end used." Property Owner -}it,1tJAko-r refs Zkicctrj Representative Alt._ 1SC g 1 iiZj i {� S,-bmA9 `y-0 g3 �c1 . tis! ss tl Mailing Address it?'S Jo.n` tiv Ct+t-e..t tw Mailing Address ir t,,v, lass, e1�1il City -Stale - zip- �\u)Fc t /uyt,n) Ss092 City - state -Trp . • P !) L,tt J s,S;� ' Telephone No. lay t- 35 i- g3 ?O mblki,„ jTelephone No. (6 1 2- 07 i (,12 ,~C� 4e,*) Signature e4)l Signature Ignature is required) SSggnature Is . uired) Lot Size (dimensions) x Land Area Height of Buildings Stories Principal Accessory Feet PLANNING ADMINISTRATION APPLICATION FORM SITE AND PROJECT DESCRIPTION Total Building floor area Existing Proposed Paved Impervious Area Case No: Date Filed: Fee Paid: Receipt No.: square feet square feet square feet square feet No. of off-street parking spaces H:\manamaraIIa\PUWAPP.FRM April 9, 2908 BUELL CONSULTING, INC. 2324 University Avenue West, Suite 200 Saint Paul, Minnesota 55114-1854 (651) 225-0792 Fax (651) 225-0795 November 17, 2009 City of Stillwater Michel Pogge City Planner, AICP 216 N. 4th Street Stillwater, MN 55082 Re: Clear wireless LLC Site Number & Name: MN-MSP0386/Stillwater-S Everett W& Martha St. S. Clear Wire Antenna collocation on existing T-Mobile Central LLC Light Standard Monopole (T-Mobile Site #AIN187/Stillwater Junior High School) located at: 523 W. Marsh Street, Stillwater, MN 55082. PIN #: 3303020240003 Dear Mr. Pogge and Stillwater Planning Commission, Buell Consulting Inc. is working on behalf of Clear Wireless LLC, a Nevada limited liability company to perform site acquisition services, which includes leasing, zoning and permitting for the Clear Wireless LLC, WIMAX Wireless Network in Minnesota. The proposed installation is to locate the Clear Wireless LLC antennas on the existing tower owned by T Mobile Central LLC aik/a T-Mobile. Clear Wireless LLC is requesting approval for a Special Use Permit to install antennas on the existing 90'AGL T-Mobile light standard monopole and is proposing to mount antennas and microwave dishes at 70' AGL. Clear Wireless LLC proposes to install an outdoor equipment cabinet located within a 7' X 7' lease area south of existing T-Mobile monopole within the existing fenced compound (as shown on the zoning drawing attached). The existing T-Mobile tower is located within the (RB Zoning District) Residential Two -Family located at the Stillwater Junior High School located at: 523 W. Marsh Street, Stillwater, MN 55082. The proposed Clear Wireless LLC site is needed for the market launch of the Clear Wireless LLC WIMax Network in Minnesota. Clear Wireless LLC continually strives to improve the quality and coverage of their wireless service areas by adding additional communication facilities in markets where they currently have no WIMAX Wireless Network in order to meet increased demand from their customers. Applicant: Clear Wireless LLC, a Nevada limited liability company. Applicant's Agent: Buell Consulting, Inc. 2324 University Avenue W Suite #200, St. Paul, MN 55114 Site Development Agent: David W. Fischer Email: dfischer@buellconsulting.com Ofc: 651-225-0784 Ce11: 612-366-8944 Fax: 651-225-0795 Site Acquisition Permitting Est. 1991 Proposed Site location: 523 W. Marsh Street, Stillwater, MN 55082. Facility Owner: T-Mobile Central LLC a/k/a T-Mobile Parcel Identification Number: 3303020240003(See Legal Description Attached) Applicant Information: Clear Wireless LLC, a Nevada limited liability company. CONCLUSION As indicated above, the collocation of the existing telecommunication facility will not be detrimental to the public health, safety or welfare of persons residing or working in the neighborhood, or be materially injurious to the neighborhood, or the general welfare of the City of Stillwater and Washington County. The proposed facility will not place any burden on traffic, nor will it result in objectionable levels of noise, odor, dust or dirt. In addition, the frequencies used by CLEARWIRE LLC are well below the threshold and within the parameters established by the FCC. The proposed CLEARWIRE facility will not interfere with any police, fire or emergency communications or nearby televisions or radios due to the separation in the frequency ranges used by CLEARWIRE Wireless and from those used by other communication devices. The FCC controls and regulates the operation of all the telecommunication equipment and devices to be used at this proposed facility. The proposed facility will conform to all FCC standards and regulations. Respectfully, David W. Fischer Site Development Agent Buell Consulting, Inc. 2324 University Ave W, Suite 200 Saint Paul, MN 55114 Office: 651-225-0784 Mobile: 612-366-8944 dtischerftueliconsu lti n o. com www.bueliconsultina.corn ELL 2 0-110001016.111011111 ▪ 1.0.000;100IMOM00N00000006 clear wireless broadband SITE NUMBER: MN-MSP0386-A SITE NAME: STILLWATER - S EVERETT ST & MARTHA ST S ZONING DRAWINGS - NOT FOR CONSTRUCTION PROJECT INFORMATION MALSTAGEMIIMES 00 01401,6/MOMO-01100001Mmortrommorten0® 1C'H6lYi1—C. lemlrlir11MM04w+ 1A110m111101 ,010.M101.1066R0, 010 0041066 1600111•01006 p1641101 1Mn• �1114RMiaw*t4P ♦M 56166 ui+luuaxl4 h W1.1-.M.. 1w i1M114P ligangraWat 00010101140101 0001100 moPeour MOWER 1400.0SIACIrI 011,110111016 0010,043,011,000 0111,0131110111311631,1110. 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Amon 001001 ✓001 1000, o TITLx11tt E.NEWT 151171,1411 T-1 m z i 1.4 if=i: W. MARSH STREET STILLWATER, MN. 55082 li S ^ �8 1 : i''+tj61 : C CJ {II9MN-MSP0386-A p523 i 1 I i1 1 a m z 0110.•••••*.....44;-hzo. J i t M t ■ 11 iA i� 1 a i ra MN-MSP0386-A 523 W. MARSH STREET STILLWATER, MN. 55082 E� 5 1 5 1 a 1 4 r O J • 1 C1 5 5 i 1 MN-MSP0386-A 523 W. MARSH STREET STILLWATER, MN. 55082 thri si ps i MN-MSP0386-A 523 W. MARSH STREET STILLWATER, MN. 55082 ag Back to Outdoor Enclosure Page DEALER PRICING ALSO AVAILABLE OD-5 ) X OD-5ODXC 50"H X 25"D X 2' ; "VV '19'" or 23" Rackrn. 50"H X 25"D X 25"W 19" or 23" Rackina Standard I Set of 19" Rails OD-50DX OD-5ODXC OD-50DX (C) = ENCLOSURE PAINTED CREAM FEATURES ALUMISHIELD - Top cover, shades cabinet from the sun HANDLES - Stainless steel - NEMA RAILS - Fully adjustable & alodine coated The OD-50DX is the superior design in communication cabinets, being as rigid as steel & yet noticeably lighter than the old heavy steel constructed cabinets. This is made possible with our own aluminum recipe called ALUMIFLEX. The OD-50DX offers the protection needed for any severe outdoor environment. The OD- 50DX is constructed of .125 ALUMIFLEX material, & comes with an additional .125 ALUMISHIELD top cover, thereby fully DOORS - Front and rear secured with three point locks and padlocking handles VENTS - Front & rear, top & bottom, filters supplied protecting your equipment from falling ice and the sun's heat penetration. Ultimate security is provided by a three point locking system, which utiliizes a NEMA stainless steel padlocking handle. Unlike steel cabinets, the OD-50DX, made of ALUMIFLEX, will operate without affecting or being effected by RF influences. Outdoor cabinets are becoming the alternative shelter solution for todays complicated zoning requirements. So whether your installing a new shelter or adding room to your existing one, the OD-50DX is the ultimate solution. Weights: 1120 Lbs. Assembled I160 Lbs. shipping weight Doors: 'Two - secured by three point locking system Locks via customer supplied padlocks Sealed with 13/16" aluminum filled gaskets Materials: .125 ALUMIFLEX Finish: Flat aluminum RF properties: Non-ferrous Vents:. ['Twelve bottom louvers per door 'Six top louvers - In top cover - under ALUMINSHIELD One removable filter panel per door 'Six fixed filter pads in top cover Handles: ',` ;Stainless steel Exterior Screws: Rails: Spacing: Positioning: IAII rails fully adjustable from front to rear Useable Height: Useable Depth: 'Stainless with NEMA washers & nylon locking nuts ITwo standard (For additional rails see accessories) Alodine coated Holes tapped to 10 x 32 threads ,Each rail supported by three R-STRUTS 1.125 material (ALUMIFLEX) [19" EIA STANDARD :50 inches Maximum: 21 1/2" Minimum 19 3/4" (See below) Section Starting & Ending Points TOP Vertical Height Per Section Effective Depth For Each Section 46.75"-50.00" _ ` 3.25" 46.57"-46.75" = .18" 31.00"-46.57" = j 15.57" CENTER Useable area depth of ....21 1/2" Useable area depth of ....20 1/2" Useable area depth of ....21 1/2" 19.00"-31.00" = I 15.57" 3.43"-19.00" = I 12.00" 3.25"-3.43" = 15.57" Useable area depth of ....21 1/2" Useable area depth of ....19 3/4" Useable area depth of ....21 1/2" 'BOTTOM 0.00"-3.25" = 3.25" Useable area depth of ....21 1/2" *Section measurements start from the bottom of the cabinet (0.00") & runs vertically upward towards the top of the cabinet (50.00"): DOOR OPENING C.I.EA ._ Width: Height: Main Body: Alumishield: , Handles Total Space Occupied: 9 1/2 inches '45 13/16 inches !Width: 25 1/2 inches Height: 50 1/4 inches Depth: 25 1/4 inches Width: 28 1/16 inches (Hang down height: 1 3/4 inches Depth: 27 1/4 inches ;Protrude 1 7/8 inches 'Width: 28 1/16 inches Height: 50 1/2 inches Depth: 29 inches INSIDE CLEARANCE - LESS RAILS Width: 23 5/8 inches Height: 50 inches Depth: See racking spec's - useable depth chart above RA1 I \CS NEMA: iCLASS: 250 TYPE: 4 11 ARRAN Il PERIOD: SEVEN YEARS - UNCONDITIONAL �. CESSORIES & CLIMATE CONTROL OPTIONS (Click Above) R-2-50: MTDX: CA-4: Two extra 50" rails & mfg. hardware Mounting tray Caster Kit (4) & mfg. hardware SHIPPING 1NFORMA 1ON The OD-50X is shipped fully assembled, but can be easily knocked down and re -assembled at your site, if desired. Home Indoor Cabinets Outdoor Cabinets ( Accessories New Productsj Company Information (800) 753-8459, or (405) 665-2876 sales@ddbunlimited.com Copyright©2000 - DDB Unlimited - All rights reserved MINNESOTA DEPARTMENT OF EDUCATION Capitol Square 550 Cedar Street Saint Paul, Minnesota 55101 612/296-6104 April 23, 1992 Dan Parker Independent School District No. 0834 1875 Greely St. South Stillwater, MN 55082-6094 Dear Mr. Parker: Attached is the certification you requested involving what is now Independent School District No. 0834, Stillwater. Sincerely, Leonard R. Nachman, Supervisor Organizational Alternatives LRN:SAS ATTACHMENTS An Equal Opportunity Employer STILLWATER JR. HIGH LEGAL TAX DESCRIPTIONS: PID 3303020240003 - Sect-33 Twp-030 Range-020 SE1/4 OF SE1/4 OF NW1/4 & 333020 E1/2 OF NE1/4 OF SE1/4 OF NW1/4 EXC W 300.38FT OF N 60FT OF E1/2 OF NE1/4 OF SE1/4 OF NW1/4 - SECTION 33 - AND: PART E1/2-NE1/4-SE1/4-NW1/4 OF SECTION 33 TOWNSHIP 30 RANGE 20 - BEING THE WEST 130 FEET OF THE NORTH 60 FEET OF SAID1/4 -THIS PARCEL CON- TAINS 7800 SQUARE FEET MORE OR LESS AND:5 ACRE W1/2-NE1/4 SE1/4-NW1/4 OF SECTION 33 TOWNSHIP 30 RANGE 20 AND:PART NW1/4-SW1/4-NE1/4 OF SECT- ION 33 TOWNSHIP 30 RANGE 20 BEGINNIN AT SOUTHEAST CORNER OF SAID NW1/4- SW1/4-NE1/4 OF SAID SECTION 33 AND RUN NORTH ON WEST UNE OF SOUTH 6TH ON WEST LINE OF SOUTH 6TH STREET A DISTANCE OF 439.87 FEET TO AN IRON PIPE THENCE WEST AND PARALLE TO SOUTH UNE OF WEST HANCOCK STREET A DISTANCE OF 385.8 FEET TO AN IRON PIPE THENCE NORTH AND PARALLEL TO WEST LINE OF SOUTH 6TH STREET A DIS- TANCE OF 200 FEET TO SOUTH LINE OF WEST HANCOCK STREET THENCE WEST ON SOUTH UNE OF WEST HANCOCK STREET A DISTANCE OF 280.2 FEET TO WEST UNE OF SAID NW1/4-SW1/4-NE1/4 OF SAID SECTION 33 THENCE SOUTH ON WEST LINE OF SAID NW1/4-SW1/4 NE1/4 OF SECT- ION 33 A DISTANCE OF 632.81 FEET TO SOUTHWEST CORNER OF SAID NW1/4 SW1/4 -NE1/4 OF SECTION 33 THENCE EAST ON SOUTH UNE OF SAID NW1/4-SW1/4-NE1/4 OF SECTION 33 TO PLACE OF BEGINNING AND:SW1/4-SW1/4 NE1/4 OF SECTION 33 TOWNSHIP NE1/4 OF SECTION 33 TOWNSHIP 30 RANGE 20 CITY OF STILLWATER PID 3303020240005 - Sect-33 Twp-030 Range-020 5A PT W1/2 OF SE1/4 OF NW 333020 1/4 BEING THE E 165.1 FT FIRST WARD ! 17Ot5 2 t bet 'aria Iitbtit are, .r$wie ilu_--._. tGuir. J, S'r:ort and vaez of tics Coitntycf_ aaliiti ton oh, of the flrtt p sat, and intty iiirseeot8 �nri'c4- �2 , altcrpar ror. under tie laws of the Statr of WitrtEuethe That the au LIOr.. 31_44) m.J.other ��.• to ... _:.. in hard priti bat the .raid per or%atou!Pedfed, da.,_ hereby Grunt. Ltarjair., r ,: ita° aUr_ ceteartand actle 1t, Forehor, att the tract cf:.. Wr•.fhingten and Stgte aj nil tist.part of the tiorthwent i anrter of t c darter { of 5"r of tali) of %rctton e hirt-t"r,'a O n e•w t7 (-0) Weat 1eecribei of f love: 34gtirlag. at the Southenet cornr-r of gal: liurttotot z::xrter of thr Shathent Scusrtsr of t:.r NorthaA=t darter (iN-4 of Sit of ,•- + e -three 4" � a�) :7: tirt1. SgC _ 3 (3?),-and running t+nrth on the Kent i1ne. of .o zth. bth "tares 6 v1 Elf WIC:, of 43.9.E2 feet-to.ar.,iro: pipe, thence Wiest and parallel to thr Sou th 1i r off+%er.t F.mh000lo Street', ct dieteince of ?4$..5 feet to an iron r;ipo thence north Find paroliol to thr Wttzt. line of South tith :itrett, s iietnnon of 27,0 feet th .he South ltnr of hest Kaacoc'r. Street ;hence Watt on the Louth Lint- ofYect Rondo r rett, fl .iirt:u.cr 260.2 feet to the f`efi! ilne - , rai cat d^ot ti a tar t . L: t yr si rtr�r i the 2iortre&at {::hater (i ; ofySY{ �i s �,• of Enid Seaton 3hir . ..urea t3), thence `iouth on the 6cEt sine of twid orthrer,t :=._ttrter of the utttur'rt as-:._- earl. .teat tui er (T,L tf .-, < � j ;itq o. ae ticn . z tJ th r - j n :etr,r:��a of 512.t;: fent to tin t corner of t ato . artr.�r.gt 4 .., the SOart w'eet ti kt:lsrter of ttio wortitenet tarter "n� of .1 o_+M. See _ _-�.ren.(03). trencv met on the South lino of odid fair«tit 4`.rrt. of:bean ,t.wc • . �st t,_•ter rs :iorthor,“ qtr- +t ;i * of SK-4 , j cf ..g:cc, _. :r:S: a ;33' Lo the pinch «. beaten. „. To 1-1-arc and to held the Same, nj,,tF :atth Ga (h, he r3rtanttcratr ,and al,r:r, rta Gila-fiiint/ ter to anlrw . a1,,,cr'v iN ink, t r l;r ?ai L arty crf tr oohs r part-, •te i derma. F er. tied ;h,n Lord • rd ,i . ' t and Jr:rtr nc w t,usban: of)ar fret j!art, jpr ..__-jt. F.;:.C('i.i CF.-.-.. tLl!:1 .1,crt.+, rsrcute,r,r est.ttratars. 30 orn'etiort with the eoii ;nary of th,• :sired part, ire r crrarr.r.e un;d u.r+i,en.r. that i'•Ey tire e.•rlt ;rex of the lande and pretniars ofor.r.tua, and t ; geg._.Etao rn f,t to welt arid rtrn_r,r•t'1:r iorr.r it A,01,f ffirTrt afarcloiri, arias rho! tier ,r,zme ars (re, fn;tne,tx;.n;c7/rri lama,,,, {rr?un:grr�n dlatida,ectprcz r..,ar,:hrgurt.rrroacr,Iitfrs a;>r.of the said par cf the dotard part. $ $ ure.rr_-ura a,t .,atu(Yist hit �c_�or I.rrfiTlly o,ulnaihis r to olntrra the r halm or any part thnrEo/, tuhjc t t, ireurn?,r,tnrc,e, if art i:rrrinbrfurr ratan ohrol, aafa 1,art ... ..kris :of thr i:.nt r,art ,.tt rye ant .y =.r3 /h.lrn.7- eatitnorty,l'hereof;•i t-tt..sah1 p t ntacr rtr t}ra! .:bot}e A, rsrtrr e hrsd part r,i -'e,: li.rrrsn?03 BOOK 1 �g n Asa R atj4'1, Til F €af'nawyo .ess ;i�a7rcr7asuj'11:)-04 aioJ a:11 papas, � c� _ Farm No. ? Ai —WARRANTY DEED Und'r.Jo thi tmeorrernlon or Pittninh1p 3Un itOte McMinn Costal meted M.akt ill's, 513575 No delinquent taxes and transfer entered; Certlfecate of Real Estate Value ( ) filed ( c-4n6t required Certii to of Real Estate Value No._ County Auditor li-71 STATE DEED TAX DUE HEREON: S Date:. June Deputy u •.. Ps. C. V • .ttC.V oi....t �I 5Z35115 4COWE i Ile ti°Y. NR 1.. oI •. A cq tr V3 Y •afrillY � I (.,.t en et Jo'I No . OW.- . , 19 �_ III (ke l r. 7UN s$o8.• (resen ed for recording data) FOR VALUABLE CONSIDER ATION, Harriet 1. Schubert, a single person Grantor (s), blouse tow hereby convey (a) and warrant (s) to Independent School District No. 834, Washington County, Minnesota , Grantee, a _ PwsieipII—MI OTOt ion _ under the laws of Minnesota real properly in Washingtop County. Minnesota. described as follows: The West 130.00 feet of the north 60.00 feet of the East Ralf of the northeast quarter of the Southeast Quarter of the Northwest Quarter of Section 33, Township 30 North, Range 20 West, City of Stillwater, Washington County, Minnesota. This Parcel contains 7800 square feet, store or leas. td moo space h (wetted, continue unbent) togMher with all heredilaments and appurtenances belonging thereto. subject to the following exceptions: Affex lit4t.1 fax Stamp lien, STATE OF MINNESOTA COUNTY OF Washington Harriet I. Schubert The foregoing instrument was acknowledged before me this •'r$%) day of June , lg 96 by Harriet i. Schubert, a single person Grantor (a). NOTAa)At. STAMP OR i8A1. (OR OTNER TITLE OR RANK) get.. C, t. PM AK Iliffif Mr maw IRtPWit RMM s TN is INSTRU►t5NT WM DRAFTED ar (NAlts AND A ooitolI: HOLSTEN LAW OFFICE 124 South Second Street Stillwater, IN 55082 (2. e L - SIGNATURE 0r PERSON TAKING aexxowLZDO}tENT Tat 8ta4reenlr for Me real Prossty laodM! to tilt LuYuarat tkou0d be ,,at to Undid' name end edema dt Grantee): 5,19 tb STATE OF MINNESOTA) )SS County of Ramsey ) This is to certify that School District No. 9 (Stillwater) of Washington County, along with others, did become a part of Independent School District No. 106 (Stillwater) of Washington County by Order of Reorganization, dated the 24th day of August. 1953; Independent School District No. 106 (Stillwater) of Washington County did become Independent School District No. 0834 (Stillwater) of Washington County by Order of Dean M. Schweickhard, Commissioner of Education, dated the 6th day of September, 1957. ad-kr1/44t,„___ Leonard R. Nachman, Supervisor Organizational Alternatives 1.6 Subscribed and sworn toonefore me this 23rd day of April, 1992. • n .,,, •-A✓•Ar..rJ A.,., Aif \ ORDER WHEREAS Laws of 1957, Chapter 947, Article I, Sec. 2, provides: "School districts shall be classified as common, independent, special or associated districts, each of which is a public corpora- tion. Each district shall be known by its classification and each shall be assigned a number by the commissioner so that its title will be school district number and, WHEREAS Laws of 1957, Chapter 947, Article X, Sec. 1, provides: "Subdivision 1, As soon as practicable after the passage of this act, the commissioner of education shall, by order, assign an identi- fication number to each district. The assign- ment shall be made so that each classified district has an identification number which is exclusive to it in its classification." "Subd: 2. Upon making the assignment of an identification number, the commissioner of education shall forthwith notify the clerk of the district and the county auditors of the counties in which any part of the district lies of the identification number assigned. A certified copy of the order may be recorded in the office of the register of deeds to show the new legal name of the district." "Subd. 3. From and after the making of the order, the legal identification of the district shall become and be as assigned. All records, correspondence, reports and references to the district shall thereafter refer to the district by its proper title as assigned." and, mibREAS, the commissioner of education, acting pursuant to and under the authority granted by the foregoing statutes, has assigned an identification number to each of said school districts as shown on and by Exhibit "A" which is attached hereto and made a part hereof by reference thereto; (over) NOW, THEREFORE, IT IS HEREBY ORDERED, under and by virtue of the authority granted by the aforesaid statutes, that said school districts, and each of them, shall be, and hereby are, assigned the res- pective identification number as shown on the attached Exhibit "A", and that from and after the date hereof shall be legally identified by said number so assigned. Dated at St. Paul, Minnesota this 6th day of September, 1957. -r eAcgAte JLiec;',a4vq, `Dean M. Schweickhard Commissioner of Education WASHIN 7f ON 0ouNPY Dist. 38 (d) and attached to Chisago City1 and Forest Lake Dists. 11, 54 and 69, and Darts of Dists. 10, 44, 60, 62, 63, 70 and 76 included in Ziahtomedi Feorg. Sch. Dist. 101. Dists. 29, 36 and 68 and parts of Diets. 30, 31 and 47 included 5_L-5C in Newport -St. Paul Park Reorg. Sch. Dist. 102. Dists. 21, 23, 24, 39, 46 and 66 (c) into Dist. 22 (Afton -Lakeland* 5-20-5 Dists. 44 and 78, and part of Dist. 51 included in White Bear Lake 2-21-5 Reorg. Dist. 39-103 Jt. of Ramsey -Washington Counties, Diets. 1, 56, 57, 61, 73, 75 and parts of Dists. 2, 40 and 51 in- 2 cluded in Forest Lake Reorganization - Dist. 104 Jt. 3-tea,5 Dist. 37 (d) and annexed to Dist. 17 (Lake Elmo) Dists. 27 and 28 (c) with Dist. 102 (St. Paul Park) Dist. 50 (c) with Dist. 104 Jt. (Forest Lake) of Washington-Anoka- Chisago Counties. 8-5-52 g-25-5 1%20- Dist. 2 Jt. of Ramsey Washington Counties included in North St. Paul 10-29_ Rea Sch. Dist. 40-105 Jt. of Ramsey-.:ashin on Counties. Dists. 3, L, 5, 6, 7, 8, 9,10, 1415, 16, 17 55, 60, 63, 74 and 76, ad 'rt t' 19, an, 22, nc40, 52 pa,�., of Dists. 26 and 65 include in Stillwater Reorg. Dist. 106. Stillwater iceorg. includes the following secondary schools: District No. 9 - Stillwater District No. 15 - Bayport and the following graded elementary schools: District No. 17 - Lake Elmo District District No. 3 - Marine District District No. Ili - Oak Park District District No. 22 - Lakeland -Afton District Dists. 25, 65 and part of Dist. 45 (c) with Ind. Cons. Dist. 102 St. Paul Park. (Appealed - Consolidation upheld by State Supreme Court de- cision dated February 15, 1957) 26 (d) and part attached to Dist. 102 (St, part attached to Dist. 106 (Stillwater) 41 (d) and attached to Jt. Ind. Cons. Dist. Paul) of Ramsey and 1:ashinton Counties) Dist. 77 (d) and attached to Jt. Ind. Cons, Dist. 40-105 Jt. (North St. Paul) of Ramsey and Washington Counties. 2463, 2464, 2465,2 66 and(c)20 Dists. L , 2467 2468 with �.,�G, .. (Hastings) of Dakota County. Comm. 2462 (d) and attached to Ind. 622 (Ramsey) Dist. Dist. Paul Park): and L.0-105 (North St, d wa y ASFiiNGT 194.8 4-11 8-2h-5 9-9-54 7-1-55 °-7-54 030-5: 7-1-58 6-20-62 Planning Commission DATE: December 10, 2009 APPLICANT: Bob Meisterling REQUEST: 1) Rezoning from AP to LR; 2) Preliminary Plat and Final Plat approval for a 2 lot Residential Subdivision; CASE NO.: 07-49 LOCATION: North of 72nd St N and Long Lake and east of Liberty/Rutherford Elementary School COMPREHENSIVE PLAN: SFSL, Single Family Small Lot (Current Plan) LDR, Low Density Residential (Draft 2030 Plan) CURRENT ZONING: AP, Agricultural Preservation PROPOSED ZONING: LR, Lakeside Residential PLANNING COMMISSION DATE: December 14, 2009 REVIEWERS: Community Development Director, Public Works Director, Fire Chief, City Forester PREPARED BY: Michel Pogge, City Planner BACKGROUND Bob Meisterling would like to develop a second home on his 10.27 acre parcel of land located north of 72nd St N and Long Lake and east of Liberty/Rutherford Elementary School. To accomplish this, he needs approval of a rezoning from AP (which requires 10 acres per dwelling) to LR (which allows 20,000 sf lots) and approval of a subdivision plat. The subdivision will result is two buildable lots (lot 1 - 373,021 square feet and Lot 2 - 21,231 square feet), a street lot for 72nd Street, and an unbuildable outlot along Long Lake that is southeast of the street lot that will be retained by the Meisterling's. Lake Hill Acres December 10, 2009 Page 2 The property owner has verbally indicated that he plan to build on Lot 2 immediately after approval of this request. The existing home will be retained by a family member and the new home will be occupied by Mr. and Mrs. Meisterling. SPECIFIC REQUEST In order to develop the property as proposed, Bob Meisterling has requested the following: 1. Approval of a rezoning of the site from AP, Agricultural Preservation to LR, Lakeshore Residential; and 2. Approval of a Preliminary and Final Plat for a 2 lot single family residential development. EVALUATION OF REQUEST I. REZONING Neighborhood Land Use Existing and planned land uses in the neighborhood are as follows: North A 5.116 acre parcel of land currently owned by Lenard and Betty Huebscher. Plans has been approved that would redevelop this site as a senior living project known as "Select Senior Living". South Long Lake; classified as a Recreational Development Lake and part of Liberty on the Lake residential area that is zoned Lakeshore Residential East 10.209 acre parcel of land owned by Donald and Rosemary McKenzie West Rutherford School and part of Liberty on the Lake residential area that is zoned Traditional Residential Land Use Compatibility 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. To the west are both an elementary school and a neighborhood in Liberty on the Lake that is zoned TR, Traditional Residential. The site to the north has been approved for senior housing. To the south is Long Lake and a neighborhood in Liberty on the Lake that is zoned LR, Lakeshore Residental. Finally, to the east is a 10.209 acre parcel of land owned by Donald and Rosemary McKenzie which in the past have indicated that they would like to redevelop this site into a residential development. The current (1995) land use plan designates this site as Single Family Small Lot. The draft (2030) land use plan designates this site as Low Density Residential. Lakeshore Residential zoning conforms to both of these land use plan designations. Additionally, the LR zoning classification meets the Shoreland Overlay District requirements for a Recreational Development lake (which Long Lake is classified). Lake Hill Acres December 10, 2009 Page 3 II. PRELIMINARY PLAT AND FINAL PLAT The preliminary and final plat will be reviewed together in this section of the report. A. Minimum Dimensional Standards Lot size and width The two buildable lots meet the minimum lot size of 20,000 square feet and all other bulk requirements of the zoning code. Lakeshore Standards This plat is within 1000 feet of Long Lake and as such is required to meet the zoning requirements of the Shoreland Overlay District for a Recreational Development lake (which Long Lake is classified). The minimum standards for LR zoning district were created by the City to embody these requirements; therefore, the lakeshore standards are met. B. Civil Engineering The subdivision proposes to dedicate road right-of-way to the public for 72nd Street N, which currently exists by a prescriptive easement. Utilities will be extended to Lot 2 to service the new home. The applicant needs to submit a final utility drawing and utility easement for review and consideration by the City Engineer. Additionally, the City Engineer is requiring that a 10-foot public utility and drainage easement be extended along the north edge of the plat boundary. C. Park and Trail Dedication The applicant has proposed to provide cash -in -lieu for the subdivision's total required parkland dedication and trail dedication. The total fee for this plat is $2,000 ($1,500 for parkland and $500 for trail). The City's comprehensive plan (both current and draft) show no parkland on this property; therefore, staff supports the proposed cash -in -lieu for the parkland dedication. Lake Hill Acres December 10, 2009 Page 4 The draft comprehensive plan shows a trail running along 72nd Street N. If the property owner were to install the section of trail along 72nd Street N along their property it would exceed the required dedication and the City would need to reimburse the cost of the trail over $500. Additionally, since the trail would terminate at the east property line installing the trail now without plans to continue it along 72nd St N does not seem logical at this time. Therefore, staff also supports the proposed cash -in -lieu for the trail dedication. Miscellaneous Slopes Along the lake bluff area, there is a ribbon of slopes in excess of 24%. This area is within the right of way for 72nd St N and can be protect by the City. ALTERNATIVES The Planning Commission has several alternatives. A. Approve. If the proposed rezoning, preliminary plat, and final plat are found to be acceptable to the Planning Commission, it should recommend approval to the City Council with the following conditions: 1. The site shall be developed in substantial conformance with the following plans on file with the Planning Department except as may be modified by the conditions herein: • Preliminary Plat dated 12/7/2009 • Final Plat date stamped 12/7/2009 2. The rezoning will not become effective until the final plat is recorded with Washington County. 3. Final engineering plans shall be found satisfactory to the City Engineer, or revised to his satisfaction. The applicant shall address engineering comments suggested in the attached memo from Shawn Sanders dated December 9, 2009. 4. The Parks & Recreation Board shall make a recommendation on the park dedication prior to City Council consideration of the proposal. 5. As required by the Deputy Fire Chief, addressed of both homes shall be installed on a sign at the driveway entrance along 72nd St N. B. 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. Lake Hill Acres December 10, 2009 Page 5 C. Table Continue the public hearing until January 11, 2009 in order for the applicant to submit additional information. The 60 day decision deadline for the request is January 9, 2009; however, staff could extend the review deadline for an additional 60 days as allowed by state statutes. RECOMMENDATION The proposed rezoning from AP to LR and the preliminary & final plat meet all requirements of the City of Stillwater Zoning and Subdivision code; therefore, staff recommends approval of said requests. cc: The Meisterling Family attachments: Zoning and Location Map Memo from Shawn Sanders Preliminary Plat Final Plat MEMORANDUM TO: Mike Pogge FROM: Shawn Sanders, Director of Public Works DATE: December 9, 2009 SUBJECT: Lake Hill Acres Subdivision After reviewing the subdivision, the following comments shall be incorporated into this project. 1. Add a drainage and utility easement along the north property line of plat. 2. A utility plan for sewer and water service shall be submitted to City Engineer for review and approval. 3. A private utility easement shall be included in for the newly created lot. 4. A grading and erosion control plan shall be submitted at the time of building permit review. 5. Trunk fees due at the time of the release of the Final Plat. These fee are as follows: Trout Stream Mitigation Plan- $9,115 per acre Transportation Adequacy Fund- $15,515 per acre Trunk sewer and Water - $11,485.55 per acre City of Community Development Department / 12450 12380 / 12490 12360 81/401 I ^o- 80 AIELD 014. 4)•0;:,. A, vs* \'1t,.''°. Q:4142D�F .�",�v�+�����,2378236 ®®���/i 38 '..` 'ARM H14 31 fi}2EEINN 390 it 3 t; 49 420 I 4 77iH-$TRGET -9 ORT!-1 12525 12550 12525 Meisterling Zoning & Location Map -MINAR— LANE—NORTH- 12721 Meisterling property 7720 1 12991 12950 155 12993 12960 75TH 144 13033 12975 137 7130 Zoning Districts A-P, Agricultural Preservation RA - Single Family Residential RB - Two Family TR, Traditional Residential LR, Lakeshore Residential CR, Cottage Residential CTR, Cove Traditional Residential ▪ CCR, Cove Cottage Residential ® CTHR, Cove Townhouse Residential TH, Townhouse RCM - Medium Density Residential RCH - High Density Residential VC, Village Commercial MI CA - General Commercial CBD - Central Business District BP-C, Business Park - Commercial MI BP-O, Business Park - Office BP -I, Business Park - Industrial IB - Heavy Industrial CRD - Campus Research Development N I PA - Public Administration I111 Township Public Works Facility ROAD ▪ Railroad WATER NORTH 50 100 rr� SCALE: 1 INCH = 50 FEET NCH RON PPE X FENCE ON PL rod, 448.90 NORTH QUARTER CORNER SEC. 30, TWP. 30. RNG. 20 WASHINGTON CO - CAST PON MON. x S89'4,8'45"W/ / FENCE ON PL 5' x-1- Rin=918.48 NV=899.18 EX. SAN. MH( RIM=918.65 N01"04'43"W 943 \ 92p• ode FOUND I/2---', INCH RON PIPE'___ MARKED WEBER,. "\ BEGIN CURB 6' WATERMAIN\ \1 PROJECT BENCHMARK -- _-- TOP NUT HYDRANT - 932.0 932 1 • • 1-r WO A� A ✓ 0 g T s� xy "E 74775 R ... 9 _..:.. l� L ---5. /2 CIF SEI/4E OFF SEC. N. 30, T.76.513 FT OF 1 30N, R.20./ • 448.g4 3 ---FOUND 1/2 INCH RON PIPE,.--; —x _ —x 9/5 B913 72ND ST. N, o.--' ,./EDGE OF GRAVEL ,``96 .... 91B' / ps 3zcqu _711 553'4225 W i/ 182.21 .00 448.95 5. LINE OF THE NI/2 OF 5E1/4 --' OF SEC. 30, T. 30N, R. ?OW EDGE O ICE FEB. 2006 LONG LAKE ICE ELEVATION FEBRUARY 2006 ELEVATION = 869.6 OHW=8011.5 MINNE50TA DN2 DIVISION OF WATERS PROTECTED WATERS AREA B2-2P EXISTING LEGAL DESCRIPTIONS The West 448.90 feet of the North Half of the Southeast Quater, Section 30, Township 30 North, Range 20 West, Washington County, Minnesota lying southerly of the north 326.58 feet of sald Southeast Quarter. (Abstract) AREA: TOTAL PARCEL AREA = 447,154 SQ. FT. = 10.27 ACRES PROPOSED LOT DATA: LOT 1 = 373,021 SQ. FT. = 8.56 ACRES LOT 2 = 21,231 SQ. FT. = 0.49 ACRES OUTLOT A = 24,343 SQ. FT = 0.55 ACRES 72ND ROW = 28,559 SQ. FT. = 0.66 ACRES G SURVEY NOTES: 1 . THE WEST UNE OF THE NORTHWEST QUARTER OF THE SOUTHEAST QUARTER OF SECTION 30, TOWNSHIP 30, RANGE 20 IS ASSUMED TO BEAR N01-04'4311/. SURVEY BASED ON THE WASHINGTON COUNTY COORDINATE SYSTEM. C'VICINITY MAP C.S.A,H. NO. 1 = SECTION 30, T3ON, R2OW, F- WASHINGTON COUNTY, MINNESOTA (NOT TO SCALE) SETBACKS - ZONING PARCEL ZONED LR - LAKESIDE RESIDENTIAL PER MICHAEL POGGE OF THE CITY OF STILLWATER LR BUILDING SETBACKS: FRONT: 25 FEET (HOUSE) 32 FEET (FRONT FACE GAR.) 20 FEET (SIDE FACE GAR.) SIDE: 10 FEET (HOUSE) 5 FEET (GARAGE) REAR: 85 FEET (FROM OHW) 2. TOPOGRAPHIC FEATURES WERE SHOT TO THE BEST OF OUR ABILITY. FINAL INSPECTION OF THE SITE WAS DONE RESTRICTIONS: UNDER SNOW AND ICE CONDITIONS PROHIBITING THE BUILDING HEIGHT IS RESTRICTED TO 2 1/2 STORIES OR 35 FEET, VISIBILITY OF SURFACE MARKINGS SUCH AS PAINT STRIPE, GARAGES AND ACCESSORY BUILDINGS MAXIMUM 1,000 SF AND 1 STRUCTURE INVERTS AND OTHER BURIED FEATURES. STORY OR 20 FEET. C BENCHMARKS: PROJECT BENCHMARK TOP NUT HYDRANT ON NORTH SIDE OF 72ND STREET NORTH. AT SW CORNER OF SITE. ELEVATION=932.13 C UTILITY INFORMATION THE UTILITIES SHOWN HEREON WERE FIELD LOCATE PER VISIBLE STRUCTURES WHERE POSSIBLE. ELECTRONIC PLAN DATA FROM THE CITY OF STILLWATER WAS USED TO SHOW ADDITIONAL UNDERGROUND UTILITIES. CALL BEFORE YOU DIGI TWIN CITY AREA: 651-454-0002 TOLL FREE: i-800-252-1166 0 PROPOSED EASEMENTS DRAINAGE AND UTILITY EASEMENTS ARE SHOWN AS THUS: (NOT TO SCALE) 5-7 BEING 5 FEET IN WIDTH AND ADJOINING LOT LINES, UNLESS OTHERWISE INDICATED. LOT MINIMUM REQUIREMENTS. LOT AREA 20,000 SF MINIMUM LOT WIDTH 80 FEET MINIMUM LOT DEPTH - 170 FEET 35 FEET FRONTAGE LEGEND ELc • • • • DENOTES FOUND MONUMENT DENOTES SET MONUMENT WATER VALVES HYDRANT CATCH BASIN /STORM MH CULVERT/F.E.S. SANITARY MANHOLE CLEAN OUT SIGN UTILITY POLE UGHT POLE HAND HOLE TFJ_E/ELEC BOX STORM MANHOLE GAS METER GAS VALVE ELECTRIC LINE TELEPHONE UNE FIBER OPTIC LINE WATER LINE STORM SEWER UNE SANITARY SEWER LINE CHAINUNK FENCE CURB CONCRETE EXISTING ELEVATION TREE SHRUB 0 CERTIFICATION I hereby certify that this plan was prepared by me, or under my direct supervision, and that I am a duly Licensed Land Surveyor under the laws of the state of MINNESOTA. LAKE HILL A.0 Ft ES CONTACT: Bob Meisterling 12550 72nd St. N. Stillwater, MN 55082 COUNTY: WASHINGTON COUNTY REVISIONS: DA REVISION 11-19-09 INITIAL ISSUE 12-07-09 DESIGN REVIEW REVISIONS PROJECT LOCATION: 12550 72ND ST. N. Stillwater, Minnesota Suite •6100 200 E. Chestnut Street Stillwater, MN 55082 Phone 651.275.8969 Fax 651.275.8976 den@ cssurvey .net CORNERSTONE L_AN SURVEYING, INC FILE NAP.* SURYPE03 PROJECT NO. PE06003 PRELIMINARY LAKE HILL ACRES KNOW ALL PERSONS 8Y THESE PRESENTS: That Robert C. Meisterling and Janet K. Meisterling, husband and wife, fee owners of the following described property situated in the County of Washington, State of Minnesota, to wit: The West 448.90 feet of the North Half of the Southeast Quater, Section 30, Township 30 North, Range 20 West, Washington County, Minnesota lying southerly of the north 326.58 feet of said Southeast Quarter. Have caused the same to be surveyed and platted as LAKE HILL ACRES and do hereby donate and dedicate to the public for public use forever the public way, as shown on this plat and also dedicate the easements created by this plat for drainage and utility purposes only. In witness whereof Robert C. Meisterlin0 and Janet K. Meisterling, husband and wife, have hereunto set their hands this ______ day of___________, 2010. Robert C. Meisterling Janet K. Meisterling STATE OF MINNESOTA COUNTY OF WASHINGTON The foregoing instrument by Robert C. Meisterling and Janet K. Meisterling, husband and wife, was acknowledged before me this _____ day of _, 200__. Notary Public _ County, Minnesota My Commission Expires January 31, 2010 l hereby certify that l have surveyed and platted or directly supervised the surveying and platting of the land described on this plat as LAKE HILL ACRES; this plat is a correct representation of the boundary survey; all mathematical data and labels are correctly designated; all monuments depicted on the plat have been correctly; all water boundaries and wet lands as of this date, as defined in Minnesota Statutes 505.01, Subd. 3, are shown and labeled; and all public ways are shown and labeled. Daniel L. Thurmes, Land Surveyor, Minnesota License No. 25778 STATE OF MINNESOTA COUNTY OF WASHINGTON The foregoing Surveyor's Certificate was acknowledged before me this _ _ day of_________, 2070, by Daniel L. Thurmes, Land Surveyor. Notary Public, Dakota County, Minnesota My Commission Expires January 37, 2070 PLANNING COMMISSION AND ZONING COMMISSION OF CITY OF STILLWATER. The foregoing plat of LAKE HILL"ACRES was approved and accepted by the Planning Commission of the City of Stillwater, Minnesota, this _____day of _____, 2070. By__ , its Chairperson By _____ ______, its Secretary CITY COUNCIL OF STILLWATER This plat of LAKE HILL ACRES was approved by the City Council of Stillwater, Minnesota, this ____ day of 2010 and hereby certifies compliance with all requirements asset fourth in Minnesota Statutes 505.03, Subdivision 2. CITY OFSTILLWATER, MINNESOTA By — , Mayor By_ _, City Clerk Washington County Surveyor Pursuant to Chapter 820, Laws of Minnesota, 7977, this plat has been approved this By By _________ Washington County Surveyor day of_________, 2010. Washington County Auditor/Treasurer There are no delinquent taxes, the current taxes due and payable for the year 2070 have been paid, and transfer has been entered this ______ day of_______ 2010. By Washington County Auditor/Treasurer By Deputy Washington County Recorder Document Number, l hereby certify that this instrument was filed in the Office of the County Recorder for record on this _____ day of ,.2070, at __ o'clock ___ M., and was duly recorded in Washington County Records. by , Washington County Recorder By , Deputy __-NORTH QUARTER CORNER ao Qhl OHI INCH IRON PPE 0 03 5 m 03 / NO 1"04'43"W \ • FOUND I/2___,, INCH WON PPE MARKED WEBER WASHNCCTON CO - CAST WON HON. S89"43'45"W Se 448.90 4- ---.=-DRAINAGE AND UTILITY EASEMENT ---5. LINE OF N. 326.58 FT OF NI/2 OF 5EI/4 OF SEC. 30, T. 30N, R. 20W 448.94 4j 8/ 00, TO L rY89°4675 E;4 147.75 -- 169 74 O / 553'42'38'W ---5OLW 1/2 _—) NCH IRON PPE z` 59 5 05 05 S01"04'43"E / '-- EDGE OF ICE FEB. 2006 N89"46'I5"E 448.95 PRO.ECT BENCHMARK TOP NUT HYDRANT • 932.13 n p _rya _ — S. LINE OF THE 3--� - I hP OF SEC. 30, T. 304, 0N, 8. R. 20W 0W Z - SOUTN QUARTER CORNER 30. TWP. 30. RNG. 20 WASHINGTON CO - C45T IRON NON. LONG LAKE ICE ELEVATION FEBRUARY 2006 ELEVATION = 859.6 OHW=591.5 VICINITY MAP SECTION 30, T3ON, R2OW, WASHINGTON COUNTY, MINNESOTA 1 O z (NOT TO SCALE) THE ORIENTATION OF THIS BEARING SYSTEM 15 BASED ON THE WEST LINE OF THE SE 1 /4 OF SECTION 30, TOWNSHIP 30 NORTH, RANGE 20 WEST, AND 15 ASSUMED TO HAVE THE BEARING N0l'04'43°W O DENOTES SET 1 /2 INCH X 18 INCH IRON PIPE MARKED R.L.S. 25718 UNLESS OTHERWISE INDICATED. fi DENOTES FOUND 1/2 INCH IRON MONUMENT UNLESS OTHERWISE INDICATED DRAINAGE AND UTILITY EASEMENTS ARE SHOWN AS THUS: (NOT TO SCALE) T 5-- I _1_j f r 5 I L_4_ BEING 5 FEET IN WIDTH AND ADJOINING LOT LINES, UNLESS OTHERWISE INDICATED. NORTH SCALE: 1 INCH = 60 FEET SCALE IN FEET CORNERSTONE LANID SURVEYING, INC SKETCH AND DESCRIPTION FOR: BOB AND JANET MEISTERLING LEGAL DESCRIPTION FOR PROPOSED DRIVEWAY EASEMENT: That part of Lot 1, Block 1, LAKE HILL ACRES, Washington County, Minnesota described as beginning at the southwest corner of said Lot 1; thence North 01 degrees 04 minutes 43 seconds West, assumed bearing along the west line of said Lot 1, a distance of 25.00 feet; thence North 31 degrees 09 minutes 07 seconds East 115.00 feet; thence North 05 degrees 23 minutes 10 seconds East 108.00 feet; thence North 23 degrees 02 minutes 36 seconds East 67.50 feet; thence South 75 degrees 41 minutes 05 seconds East 23.48 feet to the northwest comer of Lot 2, Block 1, LAKE HILL ACRES; thence southerly 85.49 feet, along the west line of said Lot 2, and along a non -tangential curve concave to the east having a radius of 470.00 feet a central angle of 10 degrees 25 minutes 19 seconds and a chord which bears South 05 degrees 27minutes 26 seconds West; thence South 00 degrees 14 minutes 46 seconds West, along said west line of Lot 2 and it's southerly extension, and along tangent, 122.74 feet; thence southwesterly 88.66 feet along a tangential curve concave to the northwest having a radius of 110.00 feet and a central angle of 46 degrees 10 minutes 44 seconds to the south line of said Lot 1; thence South 89 degrees 46 minutes 15 seconds West, along said south line, not tangent to last described curve, 75.50 feet to the point of beginning. Suite #B100 200 East Chestnut Street Stillwater, MN 55082 Phone 651.275.8969 Fax 651.275.8976 dan@ cssurvey .net CORNERSTONE LAND SURVEYING, INC 0 J Z *To be recorded after the filing of the proposed plat of LAKE HILL ACRES. S25. OS 2,.3¢8 -NW CORNER LOT 2 0 00 -iv --W. LINE LOT 2 2 Gll( GRAVEL ---- 175. SD__ __ x __ _ ____ -____ ----- S89°46'15"W 1.--S. INE LOT 1 `---SW CORNER LOT 1 60 S. LINE OF THE NI/ OF SEC. 30, T. 30r 120 • Planning Report DATE: December 9, 2009 APPLICANT: Janet Jezior REQUEST: Front setback variance ZONING: RA, Single Family Residential LOCATION: 5 River Heights Drive PUBLIC HEARING:December 14, 2009 REVIEWERS: City Planner, Building Official PREPARED BY: Bill Turnblad, Community Development Director IT, CASE NO.: 09-50 BACKGROUND Janet Jezior is planning to remodel her home. The project includes: 1) replacing the whole roof to correct water problems and create a more modern appearance, 2) replacing exterior finishes, and 3) adding two narrow bump -out areas to the front of the home. The bump -out areas would maintain a greater setback from the front property line than the existing southeast corner of the house. However, the setback of the southeast corner of the house is only about 17 feet, whereas 30 feet is required. Therefore, the location of the existing house is non -conforming. A non -conforming house cannot be expanded. In order to construct the desired bump - out areas, the non -conforming status of the property would have to be removed. This could be accomplished if the City were to grant a variance for the setback of the existing house, which the applicant has requested. SPECIFIC REQUEST A 13 foot variance is being requested from the 30 foot required front yard setback for the location of the existing house in order to remove its non -conforming status. Jezior Variance November 5, 2009 Page 2 of 2 COMMENTS ON REQUEST The Planning Commission may grant the requested variance only if the following conditions are found to be satisfied1: 1. A hardship peculiar to the property, not created by any act of the owner, exists. Personal, family or financial difficulties, loss of prospective profits and neighboring violations are not hardships justifying a variance. The owner purchased the home in its current location. Therefore, the non- conforming status was not created by the current 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 applicant has a large lot with considerable open space. Not allowing an expansion of the house on this large lot does not seem reasonable. 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 general purposes of a required front yard setback include creating an open corridor of set dimensions. Granting a variance to recognize the setback of the existing house will not reduce the width of that corridor, since the proposed bump -outs will both have a larger setback than the southeast corner of the house. STAFF RECOMMENDATION Since the request appears to satisfy the three variance review criteria, staff recommends approval of the request. ALTERNATIVES The Planning Commission has several alternatives. A. Approve If the property owner's proposal is found acceptable to the Planning Commission, it could approve the variance. B. Deny If the Planning Commission finds that the variance is not advisable, it could deny it. With a denial, the basis of the action should be given. cc: Janet Jezior, applicant attachments: Zoning & Location Map Neighborhood Map Application materials City Code Section 31-208(d) City of Community Development Department - I-AZ51.- STREET — 321 315 312 311 404 402 318 01 321 f�Q SYCAMORE L 1 1 I -sT--CRe1X1- — AVEN4JE- 316 303 43 416 1214 1204 1413 407 322 M m M co co M — ST-REET cif 217 N 0' 11402 14491 L O N sr 1410 1319 1313 313 303 209 ,q `° 307 305 314 308 304 216 210 c o cn 315 f' 207 309 215 203 206 W ALDER ST 122 3 1224 1218 1212 110 1206 106 w w y 131' Janet Jezior Zoning & Location Map E ALCM Si 305 202' 2018 300 1 (J — STREE, 1801 308 1802 z \ R6GT. EAST- & O MAORE -6T 1320 1316 1310 M M -EAST- -I- N 1224 1214 N 1212 1206 202 1202 1319 N 1315 202 1324 1314 1312 1304 -6T 6ROW N 1220 1213 1209 1214 204 214 O 1323 1221 1219_ 1217 1322 1320 1220 1203 1208 1204 FWEST-6TIL+W1rTER-AVE —EAST-STIL4<W R—AVENI4E 1121 N Wi 1 101 IVE 1419 114 1401 JSYCAA vrift-F 1317 1307 1303 1221 Zoning Districts A-P, Agricultural Preservation RA - Single Family Residential RB - Two Family TR, Traditional Residential LR, Lakeshore Residential CR, Cottage Residential CTR, Cove Traditional Residential CCR, Cove Cottage Residential CTHR, Cove Townhouse Residential TH, Townhouse RCM - Medium Density Residential RCH - High Density Residential VC, Village Commercial MI CA - General Commercial CBD - Central Business District BP-C, Business Park - Commercial EMI BP-O, Business Park - Office 1 1 BP -I, Business Park - Industrial IB - Heavy Industrial CRD - Campus Research Development - PA - Public Administration 1 1 1 NN 11 11 1 1 1 Township Public Works Facility ROAD MI Railroad WATER 1 1 1 1 City of Community Development Department Jezior Variance Neighborhood View Jezior P -- 14' between street and property line 30' Front Setback Line Proposed bump -outs M„g471o69S 90 09- - ._ Planning Report DATE: December 9, 2009 APPLICANT: Grant LaForce REQUEST: Side setback variance ZONING: RA, Single -Family Residential LOCATION: 641 Hidden Valley Court PUBLIC HEARING: December 14, 2009 REVIEWERS: City Planner, Building Official, City Engineer PREPARED BY: Bill Turnblad, Community Development Director'.. j , CASE NO.: 09-51 BACKGROUND Grant LaForce built a lean-to addition onto his garage. A neighbor complained about the location of the addition, believing it to be less than the minimally required 10 feet from side lot line. A building permit had not been issued for the work, so the City's Building Inspection Division investigated the complaint and found that the neighbor was probably correct. A survey was done which verified that the setback was less than 10 feet. Subsequently, Mr. LaForce submitted an application for a variance to allow the garage addition to remain where it was built. SPECIFIC REQUEST As mentioned above, the minimum required side yard setback in the RA Zoning District is 10 feet. As seen in the attached survey, the actual setback to the sidewall of the addition is 2.0 feet. Therefore, Mr. LaForce is requesting an 8 foot setback variance. LaForce Variance December 9, 2009 Page 2 of 3 COMMENTS ON REQUEST The LaForce home has an attached two car garage. The garage addition is essentially intended as a third stall. As detailed in his attached letter, Mr. LaForce explains that the extra space would be used for parking vehicles. One of the attached garage parking stalls is used for storage of fixtures and materials recycled from his plumbing and remodeling business, and is therefore not available for parking a vehicle. The Planning Commission may grant the requested variance only if the following conditions are found to be satisfiedl: 1. A hardship peculiar to the property, not created by any act of the owner, exists. Personal, family or financial difficulties, loss of prospective profits and neighboring violations are not hardships justifying a variance. The purpose of the variance process2 is to allow variation from the strict application of the terms of the Zoning Ordinance where, by reason of the exceptional narrowness, shallowness or unusual shape of a specific piece of property or by reason of exceptional size, shape, topographic conditions, the literal enforcement of the terms of the ordinance would cause practical difficulties or undue hardship. In this case, the physical dimensions of the lot do not present a hardship. The lot's dimensions are standard in all respects. However, the north side yard has a drainage easement over part of it, and when it rains the lawn between the house and side lot line can be too wet to drive over. Mr. LaForce finds this to be critical, since he stores tools/materials for his business in the shed in the back yard. 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 core of this review standard is whether requiring the property owner to abide by the zoning regulations would deprive the owner of substantial property rights. The City recognizes the need for a garage, given the winters we experience in Minnesota. And the Planning Commission has routinely looked favorably on allowing two stall garages whenever possible. However, arguing that the equivalent of a three stall garage is a "substantial property right" is more difficult. The Planning Commission has viewed three stalls as more of a "desire" than a "need". And in this case, the desire for additional garage space is driven by the practice of the property owner to store business related materials in one of the garage stalls, rather than store the materials off -site, as is common with many plumbing and remodeling contractors. City Code Section 31-208(d) 2 City Code Section 31-208(a) LaForce Variance December 9, 2009 Page 3 of 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. If a variance request is larger than 10%, the Planning Commission reviews it fairly critically to avoid negative impacts on adjacent property and to avoid defeating the intent of the regulation. In this case, a 10% variance would result n a 9 foot side yard setback. The actual request is for an 80% variance to allow only a 2 foot setback. The sheer size of the variance dictates caution. STAFF RECOMMENDATION Staff does not find all three of the variance review criteria to be satisfied, and therefore recommends denial of the request. ALTERNATIVES The Planning Commission has several alternatives. A. Approve If the property owner's proposal is found acceptable to the Planning Commission, it could approve it. B. Deny If the Planning Commission finds that the variance review criteria are not met, it could deny the request. With a denial, the basis of the action should be given. cc: Grant LaForce, applicant attachments: Zoning & Location Map Applicant's Letter Letter from Neighbor Survey NsOL lot aowe( nn _, ✓�eo�" l � a�d1,c �OtN,wti t ss cvvl GeretiA+ Laf orcc... ant ocAlat asV-. =o r oc 'variance,. *or v Lean fro cm *W. s icy or ono . ot.k LogW adJh \10,,11 rea r k ,u to v - U 4v o�c. vn� �or�. v�G� z and a classte. coyr ` - Curr-e rti-tty havve �, e a�c'oco�L cvm cs u.,m6tn V C4c-4or and iqzv ci -e c- avti VIozn1 er (vLed s4o r-e. v.ASR-Cie VOIA-A-S c 'pAuvnnlovw� and Cxsns4-1 uc-{-1n1 "n a -t o✓k 14'1. J A--441\2_. • Wit-e-neAc- 13kAitvnioi4Plc?s. S1nn S k a v�en,-E-�, t 0.)tivt .� w S -c� - S Loovtot k-e ave. a Gict1A wk,i,c v wou.la Like ctt, r" ,o 1 T ovktd 04-e (t.v+ick i- - 4k . born Yt, row\ is vu-ed CO of orfAsin -vv-t -}o be. a(ol-e- +o uv ex- �.c�©rk v c-e_ vA c-etymo-4 d r w e. 'r van , ~5 craw{ 4.0 otr'ive 'tom. er ` 2 cam-ivt cycle. pe c rrr_e, �c � Uo�( - l..vn o rvt vvroR '' A4QA `}-�c�&r tve Lo ) 1--e'°w, 4o eAx . i v 4 Ca is -�Q,u- e-d `Finx. Lea, A, wa,4 ( k�e -�`'`'o - -o ern tea- ri) \ir1-e, 6-e, cat, A . c -.. Vovc-tvh.tvvt plc } g4-vv, ay' t r+r-,wloc rA S llo<,p �o+• inaM t - hb0 pro& - o rec - oo- f -2cAs cainot taro m-e. 1-c 4-w wn c lvLoLol v 4 n s er��aor k. ' c.rt-k-t;$n 4Lok* \--LTs keuw-e. vvo \-)r-oto(Met 1#1 midi: ° r cry, - -to. 04tv1r- -i st. ` owst. C.ovvtrnitvl.- 2c -ktkav4- -eowt trs r e oc 4ct-col owl oQ t-Oe \c-S je O GQ krIc iV / re 'c -e v £o( SOU ex-ok, cov- i m!L vvics l7''1 kaoW rr. c,-e, ( of s-Ac itc 4 r-L ex4-, Se-tac Properties, LLC 2000 Industrial Blvd. Stillwater, MN 55082 651-439-2844 651-430-2922 fax November 12, 2009 To Whom It May Concern: Setac Properties owns the property located at 653 Hidden Valley Court, Stillwater that is directly south of Grant La Force who lives at 641 Hidden Valley Court, Stillwater. We do not have any problem with the lean-to as long as he incurs the cost to ensure that the lean-to is located on his property. The document that he gave to us shows the lean-to 2' away from our property line. I can be reached at 651-439-2844 with any questions. Thank you, ennifer Cd#'s Peterson Setac Properties City of Water Community Development Department Grant LaForce Zoning & Location Map -ain►.�Igaw imow •=--.4" ►liI'r�II!IIIIII111lIi IIIII ►� . . -- `num= ►�■ .■.�Iil�f_-, .. �.�:./■1i■II■;=C�■�r-�:� milt — - `►g Al 1111111111111111.1112=.4011.1.1.1.... miming Zoning Districts A-P, Agricultural Preservation RA - Single Family Residential RB - Two Family TR, Traditional Residential LR, Lakeshore Residential CR, Cottage Residential NM CTR, Cove Traditional Residential CCR, Cove Cottage Residential 1111 CTHR, Cove Townhouse Residential TH, Townhouse ni RCM - Medium Density Residential RCH - High Density Residential TT VC, Village Commercial CA - General Commercial CBD - Central Business District BP-C, Business Park - Commercial BP-O, Business Park - Office BP -I, Business Park - Industrial IB - Heavy Industrial CRD - Campus Research Development - PA - Public Administration NN I I I I TZ - Transitional Zone (Township) Public Works Facility ROAD Railroad WATER ire CERTIFICATE OF SURVEY FOR: GRANT LAFORCE .0AREA SUMMARY: TOTAL AREA = 16,134 SQ,F,T .0 EXISTING LEGAL DESCRIPTION (as provided by the owner) LOT 18, BLOCK 1, CROIXWOOD THIRD ADDITION, WASHINGTON COUNTY, MINNESOTA CERTIFICATION: I hereby certify that this survey, plan or report was prepared by me or under my direct supervision and that I am a duly licensed Land Surveyor under the laws of the Stye of Minnesota. DANIEL LwIES License. No. 25718 bate 11-19-09 O U co � O W J ,ai LO � ' __j cYD Wo Z qcip w Q a' FOUND 1/2" IRON Q PIPE MARKED --- 7726 AT LOT CORNER \\ // „1 ik Qa``1/ 0 NORTH 20 40 SCALE: 1 INCH = 20 FEET $6° �. 6.87 I LEAN TO< 2.0- ��`• 37.8 x 0L ♦ FENCE SET NIAL ON ---'' ExJST,NC HOUSE LOT LINE x I '•---SET NIAL ON LOT LINE /.\ / / 4' • - /-z - go o 32 38 ,q7' l IROFOUN PIPE2AT ---- ---_ - /> 4' / LOT CORNER__-- • 38, / /1 r 7 / FOUND 1/2" IRON PIPE MARKED ---' / 7726 AT LOT / CORNER / / FOUND 1/2" IRON PIPE MARKED / 7726 AT LOT / CORNER Zo 0 N. / / / / -t PROJECT LOCATION: 641 HIDDEN VALLEY CT. STILLWATER, MINNESOTA 3Oo 0 a- - ELEC — TEL WATER VALVE UTILITY POLE LIGHT POLE OVERHEAD WIRES GAS METER FENCE CONCRETE • DENOTES FOUND 1 /2" IRON PIPE p DENOTES SET 1/2" IRON PIPE MARKED RLS 25718 G NOTES: UNDERGROUND UTILITIES NOT LOCATED OR SHOWN EASEMENTS, IF ANY, MAY EXIST. THERE WAS NO EFFORT MADE TO RESEARCH RECORDED OR UNRECORDED EASEMENTS. BEARINGS SHOWN ARE ASSUMED. THE EXISTING LEGAL DESCRIPTION WAS PROVIDED BY THE OWNER. THERE WAS NO EFFORT MADE TO RESEARCH OR SURVEY THE ADJOINING PROPERTIES FOR GAPS AND OVERLAPS. Suite #B100 200 East Chestnut Street Stillwater, MN 55082 Phone 651.275.8969 Fax 651.275.8976 dan@ cssurvey .net CORNERSTONE LANID SURVEYING, INC