HomeMy WebLinkAbout2010-03-08 CPC Packetillwater
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PLANNING COMMISSION
NOTICE OF MEETING
MONDAY, MARCH 8, 2009
The City of Stillwater Planning Commission will meet on Monday, March 8, 2010, 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 FEBRUARY 8, -2010 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 less
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 tothepodium 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. 10-03. A variance request for the construction bf a four -season porch located
at 1420 4th St No in the RB, Two Family Residential District. Cates Fine Homes,
representing Judith Gorfain, applicant.
4.02 Case No. 10-04. A Zoning Text Amendment for the CCR, Cottage Cove Residential
District, amending Chapter 31, Zoning Ordinance, Section 31-307 (b) to allow in -ground
swimming pools. Eric Thole, applicant.
4.03 Case No. 10-05. A variance to the sign regulations for a 19.375 square foot sign for the
Stillwater Parking Ramp located at 200 2nd Street North in the CBD, Central Business
District. City of Stillwater, applicant
5. OTHER BUSINESS:
5.01 Renewal of special use permit for Linder's Flower Mart at the Valley Ridge Plaza and CUB
Foods outside greenhouse.
5.02 Discussion oel q. tt.9J64§lr,,s„ s.• STILLWATER, MINNESOTA 55082
PHONE: 651-430-8800 • WEBSITE: www.ci.stillwater.mn.us
Project Location Map
i 0 Case No. 10-03. V
for addition. 1420 4th St N.
Judith Gorfain
Case No. 10-04. Zoning
text amendment.
Eric Thole
I Case No. 10-05. V
4.03 for 19.375 sf sign.
City of Stillwater
Planning Commission
DATE: March 4, 2010
APPLICANT: Judith Gorfain
CASE NO.: 2010-03
REQUEST: A variance to allow a 1'6" encroachment into the required 20 foot
front yard setback [31-308(b)1] for the purpose of constructing a 10'
by 10' four -season porch.
LOCATION: 1420 4th St N
COMPREHENSIVE PLAN DISTRICT: SFSL - Single Family Small Lot
ZONING: RB - Two Family Residential
PC DATE: March 8, 2010
REVIEWERS: Community Dev. Director
PREPARED BY: Michel Pogge, City Planner
DISCUSSION
The applicant is requesting a variance to Chapter 31-308(b)1 of the Stillwater City Code
to encroach up to 1'6" into the required 20 foot front yard setback in order to construct a
10' by 10' four -season porch.
The front yard setback along the north side of the home is 16 feet from Moore St W. The
addition for the four -season porch is proposed in the northwest corner of the home and
will be setback slightly from the front of the home with a setback of 18'6" from the
property line with Moore St W. The setback from the side property line along the west
side is 5.5 feet.
1420 4th St N
Page 2
EVALUATION OF REQUEST
A variance may be granted only when all of the following conditions are found:
1. A hardship peculiar to the property, not created by any act of the owner, exists.
Personal, family or financial difficulties, loss of prospective profits and
neighboring violations are not hardships justifying a variance.
The home was constructed and has been in its current location since prior to
1945. The location of the home was not a condition that was created by an act of
the current owner and preexisted current zoning requirements.
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 historically has been used as
a single-family home. The proposed addition is set 2'6" behind the front of the
exiting home. Additionally, due to layout issues within the home, placing the
addition 1'6" further back from the front property line would conflict with the
layout of the home making the addition impossible to complete. Had the home
met the required setback there would have been enough room to add the
proposed addition without the proposed variance. Therefore, the request as
proposed seems a very reasonable approach to creating living space in a non-
conforming building.
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.
1420 4th St N
Page 3
3. That the authorizing of the variance will not be of substantial detriment to
adjacent property and not materially impair the purpose and intent of this
title or the public interest nor adversely affect the Comprehensive Plan.
ALTERNATIVES
The Planning Commission has the following options:
1. Approve the variance to allow a 1'6" encroachment into the required 20 foot
front yard setback [31-308(b)1] for the purpose of constructing a 10' by 10'
four -season porch. Additionally, staff would suggest that the following
conditions for approval:
a. All revisions to the approved plan shall be reviewed and approved by
the Community Development Director.
2. Deny the variance to allow a 1'6" encroachment into the required 20 foot
front yard setback [31-308(b)1] for the purpose of constructing a 10' by 10'
four -season porch. 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 12, 2010 Planning Commission
meeting. The 60 day decision deadline for the request is April 13, 2010.
RECOMMENDATION
Staff recommends the Commission approve the requested variances as conditioned.
Case 2010-03
1420 4th St N - Gorfain
N
A
Proposed 10'x10' addition
0 10 20
40 Feet
1 1 1 1 1 1 1 1 1
1 inch = 20 feet
City of Stillwater
Planning Division
216 Fourth St N
Stillwater, MN 55082
(651) 430-8820 — Fax (651) 430-8810
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
Special/Conditional Use Permit
Variance
Resubdivision
Subdivision*
Comprehensive Plan Amendment*
Zoning Amendment*
Planning Unit Development *
Certificate of Compliance
*An escrow fee is also required to offset the costs of attorney and engineering fees. The fees for requested
action are attached to this application.
The applicant is responsible for the completeness and accuracy of all forms and supporting material submitted
in connection with anyapplication. All supportingmaterial (i e., photos, sketches, etc.) submitted with application
becomes the propertyof the Cityof Stillwater. Sixtee 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 )) i�
Address of Project (� O Assessor's Parcel No..10 SUd\D 39-0 (5 A
Zoning District
g (GEO Code)
Description of Project O ck cA �1 t - CA.Sc r 40( C \ `moo
Wei s c -e o nrnfl'
"I hereby state the foregoing statements and all data, information and evidence submitted herewith in all
respects, to the best of my knowledge and belief, to be true and correct. I further certify I will comply with the
permit if it is granted and used."
Property Owner U� C-70 ( 1 n Representative 1i:k` s ' v't e r> S
Mailing Address Z.C'CC l V'1l, USki tC(.( ht i d
City - State - Zip Ski (( u'tL ire vv m
Telephone No. ( 1 1 - g-t-{
ired) (Sig hture is required)
SITE AND PROJECT DESCRIPTION
Mailing Address 1
4 N 041 S4
City - State - Zip 141 tYlv\ 5SO g
Teleph
Signature
t,51
Lot Size (dimenspns)135 x 7 ` C 2
Land Area ( 1 - 7c.)
Height of Buildings: Stoxi,G Z Principal !� �( ``((
Accessory
Feet
(Ali I
Gee
Signature
Total Building floor area ti-o 0 square feet
Existing t (0 C square feet
Proposed 100 e square feet
Paved Impervious Areal O' square feet
No. of off-street parking spaces A CL.
H:\mcnamara\sheila\PI ANAPP.FRM
June 9. 2006
To: Planning Commision
City of Sitllwater Staff
From: Judith Gorfain
Jennifer Cates Peterson
Date: 2/12/10
ede6 ¢O yeama proud builder + remodeler since 1970
Judith Gorfain is requesting a variance to build a small 4-season porch on the west side of
her home. Judith lives at 1420 N 4th Street, on the corner of 4th Street and Moore Street
(across from the Stillwater Golf Course).
We are requesting an 18" variance from the frontage on Moore Street. The 4-season
porch is 10' x 10'. As the site plan and floor plan (see attached) shows the porch is
setback as far as it can before it hits a window and a kitchen sink. Please note the 4-
season porch is set further back than the existing house (see site plan).
Thank you.
2000 industrial boulevard . stillwater, minnesota 55082 . p 651.439.2844 . f 651.430.2922 catesfinehomes.com . mn lic no. 20533260
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Planning Report
DATE: March 3, 2010
APPLICANT: Eric C. Thole
CASE NO.: 10-04
REQUEST: Amendment to Zoning Ordinance for CCR Zoning District
Purpose of the amendment is to allow in -ground swimming pools
PUBLIC HEARING:March 8, 2010
REPORT BY: Bill Turnblad, Community Development Director
BACKGROUND
Mr. Eric Thole would like to install an in -ground swimming pool at his home in Settler's
Glen. The city's Zoning Code prohibits "accessory structures" in the Settler's Glen
neighborhood. The current planning staff has considered in -ground swimming pools to
be accessory structures and did not permit the swimming pool.
Consequently, Mr. Thole has submitted an application requesting an amendment to the
zoning code to allow in -ground swimming pools in the Settler's Glen neighborhood.
SPECIFIC REQUEST
Amend Section 31-307(b) of the City Code to allow in -ground swimming pools. This
would have the effect of allowing in -ground swimming pools in the CCR, Cove Cottage
Residential Zoning District.
COMMENTS
Upon receipt of the amendment request, staff began researching the intent of the
prohibition on accessory structures in the Settler's Glen neighborhood. As explained by
the previous Community Development Director, Steve Russell, the intent of the
prohibition was to keep the back yards open, in keeping with the natural setting of the
surrounding wetlands.
In the conversation with Director Russell, staff also learned that in -ground swimming
pools had not been considered accessory structures during the 20 years of his
employment with the City. So, he pointed out, it was unlikely that in -ground swimming
pools were defined as accessory structures in Settler's Glen. At his suggestion, staff
looked through the Planned Unit Development file for the neighborhood. A document
entitled "Architectural Guidelines for Coves at Stillwater Homeowner Association" was
Case 10-04
March 3, 2010
found, that specifically said on Page 6 that the "below grade" swimming pools were
allowed. (See attachment) At that time the three neighborhoods involved in this
development project were referred to as The Coves at Stillwater.
Since this is consistent with the 20 year interpretation that in -ground swimming pools are
not accessory structures, the current city staff has changed its interpretation to match past
practice.
COURSE OF ACTION
Staff will refund the application fee to Mr. Thole and close the case. In addition, when
the 2030 Comprehensive Plan is adopted, the City will need to revise the Zoning Code.
At that time, the CCR zoning district regulations will be revised to state that in -ground
swimming pools are not considered accessory structures and are therefore permitted by
the City.
attachment: Architectural guidelines
Architectural Guidelines
For
Coves at Stillwater
Homeowner Association
Homeowner Association
Architectural Control
Several documents were recorded on your lots when you bought your home. One in
particular specified general conditions as to the exterior appearances of your home and
lots. It also defined property rights, association membership, voting rights, assessments
and maintenance of common areas. And it described architectural control and a
committee responsible for enforcing it.
Section 8
Architectural Control
8.1 Restrictions on Alterations. The following restrictions and requirements shall
apply to alteration on the Property:
a) Except as expressly provided in this Section 8, and except for alterations made by
Declarant in connection with its initial sale of a Unit, no structure, building, addition,
deck, patio, fence (whether of vegetation of otherwise), wall, enclosure, window,
exterior door, sign display, decoration, color change, shrubbery, material
topographical or landscaping change, nor any other exterior improvements to or
alteration of any Dwelling or any other part of a Unit which is visible from the
exterior of the unit (collectively referred to as "alterations"), shall be commenced,
erected or maintained in a Unit, unless and until the plans and specifications
showing the nature, kind, shape, height, color, materials and locations of the
alterations shall have been approved in writing by the Board or a committee appointed
by it. Notwithstanding the foregoing, Declarant's written consent shall also be
required for alterations until Declarant no longer owns any unsold Unit and has no
further rights to add Additional Real Estate to the property.
b) The criteria for approval shall include and require, at a minimum, (I) substantial
uniformity of color, size, location, type and design in relation to existing
improvements and topography, (ii) comparable or better quality of materials as used
in existing improvements, (iii) ease of maintenance and repair, (iv) adequate
protection of the Property, the Association, Owners and Occupants from liability and
liens arising out of the proposed alterations, and (v) compliance with governmental
laws, codes and regulations.
2
Understanding The Application Process
Before you submit your application to the 'Architectural Control Committee, please make
sure you consult the City of Stillwater. Stillwater and the State of Minnesota have strict
ordinances on exterior structures and landscaping. Things like buildings, pools and decks
may also require a city permit and inspection b
Please contact the City's Planning Depart
approval you'll need.
after you build them.
the information and
The Architectural Control Committee will not consider your application unless you have
paid in full all Association dues for the present year and do not owe outstanding dues
from previous years. Please contact the Association Treasurer if you are not sure you
have fulfilled this important obligation.
Although your neighbors do not have the authority to approve or deny your plans, the
Architectural Control Committee strongly urges you to notify your immediate neighbors.
While each owner has the property right to make changes in your home and lot, your
neighbors have to live with the changes too.
Your application must consist of (1) an application form and (2) detailed plans and
pictures. Often, sales brochures of the product you intend to install will help th.e
Committee members when they review your application. If you are hiring professionals,
you should include their plans and drawings as well.
After completing the application, send it an all accompanying documentation to the
Architectural Control Committee:
c/o Orrin Thompson Homes
Attn: Robert Swanick
8421 Wayzata Boulevard, Suite 300
Golden Valley, MN 55426
3
You must use certified mail. For your protection, all correspondence with the
Architectural Control Committee should be via certified mail.
The Architectural Control Committee has sixty (60) days to respond to your application.
If it does not, your application is deemed not approved per the homeowner documents.
You may get a call from the Architectural Control Committee to schedule a visit by its
members. This gives you the opportunity to show your plans to them in person and how
your project will eventually appear.
After reviewing your application, the committee may take one of three actions: it may
approve; it may deny; or it may approve your application with recommendations and
conditions.
If the Committee approves your application, you will have two years to complete it unless
it says otherwise. You may not proceed with your changes without Association
approval. Under the Covenants and By-laws of the Association, the Association may use
its legal right to remove any changes to your house or property (at your expense) that
have not been approved, if required, by the Architectural Control Committee.
4
Some Definitions
Here are some definitions you'll need as you read this section.
approval required: You must submit an application to the Control
Committee for your architectural change.
coVnant:
guideline:
A legal restriction, condition or easement recorded a lot
in the development. All lots are bound by the covenants.
Changes to the covenants require the approval of seventy
five percent the Association membership.
The guidelines are to help clarify the homeowner
documents. Remember that these are only guidelines
and may be subject to changes. Also, future Boards of
Directors and/or homeowners may change these
guidelines and/or add additional guidelines. Orrin
Thompson Homes and/or future Boards of Directors
cannot guarantee that these guidelines may not change
and/or be revised.
5
CIothesline Poles
Guidelines: You may use a temporary clothesline or clothesline pole if you
take it down after each use.
Landscaping
Guidelines: Your front yard must be sodded or seeded.
Check with
Mailboxes
Guidelines:
Pools:
Guidelines:
Stillwater's ordinances for easement areas requiring drainage,
traffic and utility obstructions.
Standard mailboxes will be provided and installed by Orrin
Thompson Homes. Homeowner is responsible for care and
maintenance.
All pools must be no closer than ten (10) feet
from all property lines, behind your home and
below grade. ( el S i, _ v. 4- (4-del' 1.4;--A_4-1 ‘4ux g)
Others: The Committee reserves the right to deny approval for size,
location,
materials and shape. Above -ground pools are not allowed except
wading pools for children. Landscaping may be required and must
Satellite Dishes
Guidelines:
Sheds
Patios
Guidelines:
Decks
Guidelines:
Other:
Basketball Poles
Pole Guidelines:
Other:
be installed one (1) year after pool has been installed.
Only satellite dishes no greater than 18 inches in
diameter are allowed and requires architectural
control approval.
Not allowed.
Your patio must be located behind your house,
be level, and meet professional standards of quality
and workmanship, no more than 120 sq. ft. in size.
Must be maintained.
Please check with the City's deck ordinances and permitting.
Pole can be placed in front yards next to asphalt driveway.
Pole should not be mounted to homes.
The Association reserves the right to require the homeowner to
maintain poles.
7
Fences
Approval: Required.
Guidelines: Your fence must be rectangular in design, have a maximum
height of four (4) feet, and must be constructed of white vinyl.
It also must be in your rear yard and meet professional standards
of quality and workmanship. All fences must be installed by a
professional contractor and cannot have privacy slats. All fences
must have a minimum vertical spacing of 3.5 inches between slats.
Fences are not to extend beyond 30 feet from the rear of your
house (see example). No privacy fences allowed. Special
condition for fences around pools may be required, per City of
Stillwater ordinance.
Other: Fences on corner lots must have a minimum setback of 20 feet
from the side -yard property line. A signed maintenance
agreement
Play Equipment
Guidelines:
is required. All fence applications must be accompanied by a
maintenance agreement binding the owner of the fenced property
to maintain the fence and the landscaping around it.
The Committee may require landscaping or a landscape plan as
part of your fence application. You have two years from the time
you install your fence to finish your landscape plan.
Children's play equipment is allowed only in rear yards.
Play equipment must be maintained. Play equipment does
not include any baseball, tennis or other "courts".
8
Kennels
1)11141.
Approval: Required.
Guidelines: Animal kennels must be adjacent to the rear of the house,
kept clean, no more than forty square feet in area, have a
concrete slab and black or gray vinyl coated chain -link
fence with a maximum height of six (6) feet, and adjacent
to the rear portion of your home. Landscape adjacent to kennels
may be required for screening. All kennels must have a
concrete slab.
Planning Commission
DATE: March 4, 2010
APPLICANT: City of Stillwater Downtown Parking Commission
REQUESTS: A variance to allow a 19.375 square foot projecting sign for the
Stillwater Parking Ramp [31-509 Subd. 7(f)(1)].
CASE NO.: 2010-05
LOCATION: 200 21 d St N
COMPREHENSIVE PLAN DISTRICT: CC - Community Commercial
ZONING: CBD - Central Business District
CPC DATE: March 8, 2010
REVIEWERS: Community Dev. Director
PREPARED BY: Michel Pogge, City Planner he
DISCUSSION
The Downtown Parking Commission is requesting a variance to the sign ordinance to
allow for a 19.375 square foot projecting sign on the new parking ramp at 200 2nd St N
located in the Central Business District. Section 31-509 Subd. 7(f)(1) of the Stillwater
Zoning code permits only a six square foot projecting sign in the Central Business
District. The applicant is also requesting this sign due the large frontage of the building
(over 200 lineal fee) when compared to other buildings in the downtown district.
a7
200 2na St N
Page 2
EVALUATION OF REQUEST
The applicant is requesting consideration of a variance to Section 31-509 Subd. 7(f)(1) of
the Stillwater City Code to allow for a 19.375 square foot projecting sign. 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.
Most downtown businesses have 24 to 26 foot wide storefronts with a mix of one,
two, or three levels. The parking ramp has a much larger mass with about 200
feet of frontage with four levels. Additionally, the six square foot projecting
signs are meant for pedestrians where the very intent of the parking ramp and
any signage is for motorist. For these reasons, staff finds that the hardship
requirement has been met.
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 case is different in part because of the physical layout and size of the
structure and intended audience. Without the approval of a variance, the
applicant would be denied reasonable visibility of the building and intended use.
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 mass and setting of this site is unique when compared to other properties in
the downtown area. For that reason, the intent of this code section is not
adversely affected. Additionally, the authorizing of the variance will not be of
substantial detriment to adjacent property nor materially impair public interest.
FINDINGS
1. That the hardship is peculiar to the property, not created by any act of the
owner, exists. In this context, personnel financial difficulties, loss of
prospective profits and neighboring violations are not the primary motive for
requesting the variance.
2. That a variance is necessary for the preservation and enjoyment of substantial
property rights possessed by other properties in the same district and in the
same vicinity; and that a variance, if granted, would not constitute a special
privilege of the recipient not enjoyed by his neighbors.
200 2nd St N
Page 3
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.
FEBRUARY 1, 2010 ACTION BY THE HERITAGE PRESERVATION COMMISSION
At the February 1, 2010 meeting, the HPC reviewed the design review permit. The HPC
raised concerns about the size, location, and effectiveness of the proposed sign. The
HPC suggested looking at wall signage and a simple "P" logo as a projecting sign. The
HPC also asked that the Parking Commission review their overall parking lot way -
finding program as an additional option for getting people to the ramp. The HPC
tabled action on the request to allow time for the Parking Commission to review the
HPC's concerns.
FEBRUARY 16, 2010 ACTION BY THE DOWNTOWN PARKING COMMISSION
At the February 16, 2010 meeting, staff reviewed the HPC comments with the Parking
Commission related to the proposed parking ramp sign request. The Parking
Commission discussed the comments and felt strongly about their proposed sign. The
Commission voted unanimously to continue pursuing their original proposal.
MARCH 1, 2010 ACTION BY THE HERITAGE PRESERVATION COMMISSION
At the March 1, 2010 meeting, the HPC again reviewed the design review permit. The
HPC again tabled action on the request and requested that two representative from
each commission meet to discuss the sign proposal. The HPC also requested that the
Planning Commission delay action on the variance until such time that the HPC can
resolve their issues with the Parking Commission.
RECOMMENDATION
Approve as conditioned.
CONDITIONS FOR APPROVAL
1. No additional signage without an approved sign permit.
Attachments: Applicant's Form and Photos
NON -ILLUMINATED
DOUBLE SIDED BLADE SIGN
ATTACHED TO WALL
PAINTED FLAT CUT OUT ALUMINUM LETTERS WITH ALUMINUM SUPPORT BACKERS
SUPPORT STRUCTURES FOR
MOUNTING SIGN TO WALL
IS MADE FROM 4" X 4"
SQUARE TUBES THAT SLIP
ONTO EXISTING MOUNTS
EXISTING MOUNTS ARE
3" X 3" SQUARE TUBES
EXTENDING 1'-0" FROM WALL
MOUNT EXTENSIONS
ARE SPACED 3'-0" APART
ON CENTER IN WALL
PAGE 1
NON -ILLUMINATED
DOUBLE SIDED BLADE SIGN
ATTACHED TO WALL
'A" FLAT CUT OUT PAINTED RED
ALUMINUM LETTERS MOUNTED
ONTO SOLID WHITE ALUMINUM BACKER
4'-0 "
%" FLAT CUT OUT PAINTED GOLD
ALUMINUM LETTERS MOUNTED
ONTO ALUMINUM BACKER
PAINTED FLAT CUT OUT ALUMINUM LETTERS WITH ALUMINUM SUPPORT BACKERS
WELDED STEEL
BRACKET SYSTEM
0'-4 "
PAINTED ALUMINUM
SIGN STRUCTURE
0'-6 "
%" FLAT CUT OUT PAINTED WHITE
ALUMINUM LETTER MOUNTED
ONTO ALUMINUM BACKER
OPTION 2
STILLWATER PARKING RAMP BLADE SIGN
0'-6
STILLWATER PARKING RAMP BLADE SIGN
CITY OF
STILLWATER,
MN
STILLWATER,
MN
BOB SHERLOCK
JEFF
WEISPFENNING
12-14-09
12-15-09
12-16-09
1-4-10
=1'
(signart""
Sign Art Co.
Eau Claire, WI
St. Paul, MN
PH 651-688-0583
FX 651-M0-2001
CITY OF
STILLWATER,
MN
STILLWATER,
MN
BOB SHERLOCK
JEFF
WEISPFENNING
12-14-09
12-15-09
1-4-10
(signart)
Sign Art Co.
Eau Claire, WI
St. Paul. MN
PH 651-688-0563
FX 651-688-2081
Planning Commission
DATE: March 4, 2010
ITEM: Annual Review of temporary garden plant sales
CPC DATE: March 8, 2010
REVIEWERS: Community Development Director
PREPARED BY: Michel Pogge, City Planner 10
BACKGROUND
The Commission annually reviews the special use permits to sell plants for about ten
weeks each spring. Once again, Cub Foods and Linder's Greenhouses are requesting
renewal of their SUPs. Currently these are location in large parking lots where there are
a great number of unused parking spaces. The City has received no complaints or
parking issues related to these temporary uses.
There are no proposed changes to either the Linder's or Cub Foods plant sale locations
or layout. This will be the second year for the Cub Food plant sale setup since the fuel
center was installed. The City received no specific complaints related to the two and
witnessed no operations issues with both the plant center and fuel center operating
during the same time.
The time period requested is mid April to July 5th for Cub Foods and mid April to mid
July for Linder's Greenhouses and is consistent with previous years.
RECOMMENDATION
Staff recommends that the temporary permit be granted with the following conditions:
1. These permits shall be from mid April to July 20th, 2010 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.
5. Two signs shall be permitted no larger than 2' x 6' on each site.
mjp
Cub Foods
a SUPERVALU Company
1801 Market Drive
Stillwater, MN 55082
612 430 2350
Michel Pogge
City Planner
City of Stillwater
216 N. 4th Street
Stillwater MN 55082
651-430-8823
Mr. Pogge,
Here is our request for a C.U.P. for our greenhouse for the 2010 selling season.
The expected duration of the outside greenhouse is mid April until July -depending on
the availability of product.
Greenhouse dimensions are 21' x 60'
Split rail fence dimension are 60' x 180'
Power, water, and phone access will be available at curbside location adjacent to the
greenhouse fence.
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 anymore information regarding our temporary structure.
Attachments: Site map of Cub parking lot and greenhouse temporary location
Respectfully,
Doug Hagerty
Store Director
Stillwater Cub
651-430-2350
02/19/2010 12:58 6514308810
CITY OF STILLNATER
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RECEIVED
JAN �92010
COMMUNITY DEVELOPMgOrlail
January 28, 2010
Flower Mart Division
275 W Wheelock Pkwy
St. Paul, MN 55117
612.685.7993
Fax: 651.255.0445
caiocella@linders.com
1311I 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 2010 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 ninth 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 2009. 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 2010 will be the same as in 2009; a seventy five day period from end
of April thru mid July, 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.
Plow& 71e Seeds 71 at w eed eree'r �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 2010. 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,
Caio Cella
Division Manager — Flower Marts
rthwestern ave.
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frontage road
state highway 36
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A - 9.237 sf
Al - 2,433 st
B1 - 3,000 st
82 — 2,014 sf
B3 — 1,910 sf
Cl — 420 sf
C2 — 424 sf
C3 - 3,3001f
C4 — 2,408 st
D — 7,441 at
E — 490 st
F - 490 st
0 - 4,110 sf
H1 — 2,340 at
H2 - 1.291 st
H3 - 1,080 st
11 — 2,340 sf
12 - 2,110sf
JI - 1,440 st
J2 - 2,8101t
K1 - 1,440 st
K2 - 1,440 st
K3 - 1,440 sf
Lt — 2,110sf
L2 — 8.978 at
N — 4,970 sf
N I - 1,800 sf
N - 8.400 st
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site information
site area
leasable area
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location map
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4' Aisles 4,
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Stillwater — Valley Ridge Center
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General Information 1
Core Programs
Basics of Planning & Zoning 2
Beyond the Basics 2
Your Role as Planning Commission Member 3
Videoconference: Your Role as Planning Commission Member 3
Advanced Zoning Applications 4
Advanced Zoning for Professional Planners 4
Special Focus Programs
So You Want (or Need) to Rewrite Your Zoning Ordinance? 5
Home Occupations: A Growing Concern 6
Shoreland Conservation in Urban Settings 6
The Why & How of Working Nature into Land Use Decisions 7
Sustainability for Long Term Community Health 7
Faculty Information 8-10
Workshop Sites 11
Registration 12-13
This program exceeded my expectations
and then some! I plan to attend other
GTS workshops in the future and would
encourage other local government
representatives to do so as well
nbacher
Creek Township,
arming & Zoning Planner
GTS
ABOUT GOVERNMENT TRAINING SERVICES
YOUR PROVEN RESOURCE FOR MEETING CONFERENCE, EDUCATION AND PROJECT NEEDS
Government Training Services is a non-profit organization dedicated
to helping those who provide services to Minnesota citizens and
communities meet current needs for knowledge and skills, plus
anticipate and prepare for changes to come. We have worked with
policymakers, staff and appointed officials from all levels of government and all
types of nonprofit agencies —and their collaborators in associations, business, higher
education and community groups —since 1976.
First Name
Last Name
111111L1111111
I11N111 1111111
e-Mail Address (REQUIRED)
Title Daytime Phone ( )
Jurisdiction
Street Address
City State Zip
Program Options: (Check all that apply_.,)
Basics of Planning & Zoning — $125
❑ Wednesday, April 14 — St. Paul #2
❑ Wednesday, May 26 — Little Falls
Beyond the Basics — $125
❑ Thursday, May 20 — St. Paul #1
❑ Wednesday, June 16 — Little Falls
Your Role as Planning Commission Member — $60
❑ Thursday, April 1- Bloomington (morning)
Your Role as Planning Commission Member Videoconference — $30
❑ Thursday, June 10 - West St. Paul
❑ Thursday, June 10 - Slayton
❑ Thursday, June 10 - Fergus Falls
❑ Thursday, June 10 - Grand Rapids (tentative)
Advanced Zoning Applications — $125
❑ Wednesday, March 31- St. Cloud
Advanced Zoning for Professionals — $60
❑ Thursday, April 29 - St. Paul #2 (morning)
So You Want to Rewrite Your Zoning Ordinance — $60
❑ Thursday, April 22 - Bloomington
Home Occupations — $60
❑ Tuesday, May 4 - Owatonna (afternoon)
Shoreland Conservation in Urban Settings — $60
❑ Wednesday, May 26 — Bloomington (morning)
❑ Wednesday, June 2 — Rochester (afternoon)
❑ Wednesday, June 9 — Collegeville (afternoon)
Why & How of Working Nature into Land Use Decisions — $75
❑ Thursday, May 6 — Little Falls
❑ Wednesday, June 16 — Bloomington
Payment Options:
❑ check # in the amount of $ (payable to Government Training Services).
❑ Please email invoice to this address:
If payment is not received by the end of the workshop series, you will be re -billed with a $20 service fee added to amount due.
❑ Credit Card - circle one: VISA MasterCard Discover AmEx
2010 LAND USE PLANNING WORKSHOPS
Card#
3-digit Security Code Exp. Date:
E-mail address (REQUIRED FOR RECEIPT): •
Cardholder Name
Billing Address
Special Needs: (Must be received at least two weeks before the workshop for which you are registering.)
❑ I have a dietary restriction (e.g., vegetarian, glucose -free) as follows:
❑ I require other accommodations (i.e. sign language interpretation, Braille materials).
Please contact me at
Circle one: VOICE — TTY — email
13
On-line registration available at www.mngts.org
This is the preferred method of registration. Click on the Land Use logo to
access the site — then click on the registration link.
If you cannot register online, fill out the form on the facing page and return it
at least seven days prior to the date of the first workshop you are attending to:
Government Training Services
2233 University Avenue W., Suite 150
St. Paul, MN 55114
(If you have selected the "bill me" or credit card payment options,
you can fax your registration form to: 651-223-5307.)
Fill out one form per person. Because registration is limited in most sites,
we encourage early registration to guarantee your spot on your preferred date!
FEES
Registration fees include handout materials and refreshment breaks. Lunch is provided
during full -day programs only.
CANCELLATION
Fees will be refunded less a $20 service fee if the registration is cancelled four working days
before the program. You may substitute another individual for the same workshop at any time
if you find you cannot attend. Should weather necessitate program cancellation, notification
will be posted on the WCCO websites: www.wcco.com and www.830wcco.com
Registration Questions?
Contact: Catherine Dubbe
cdubbe@mngts.org
651-222-7409 ext. 200 — or —
Minnesota Toll Free: 800-569-6880
Program Questions?
Contact: Carol Schoeneck
cschoeneck@mngts.org
651-222-7409 ext. 205 — or —
Minnesota Toll Free: 800-569-6880
We know it's not business as usual. In fact, much of government is re -looking at current
practices, re-evaluating priorities, and exploring ways to streamline service delivery. Our
advisory committee believes this is an excellent time to address future issues in land use
planning as well, and these workshops are the perfect resource for this effort. Explore
new ways of doing things. Gain information, tools and resources to put needed practices
in place so that you're ready to move ahead when opportunities present themselves.
We know budgets are tighter than ever, and we all need to make every dollar count.
This year's series includes more half -day workshops and additional locations to make
programs more convenient and affordable:
• Check out offerings in Bloomington, Collegeville, Little Falls, Owatonna, Rochester,
St. Cloud, and St. Paul.
• A videoconference featuring a shorter version of Your Role as Planning Commission
Member is planned for sites in Fergus Falls, Slayton, and Grand Rapids as well as
West St. Paul.
• Support from the Minnesota Department of Natural Resources reduces the
registration fee for several workshops.
• A partnership with APA Minnesota enables GTS to present a new program for
professional planners which offers AICP CM credits.
Finally, we can bring programs to you! We invite you to work with your neighboring
communities to hold a workshop in your area designed to cover your selected topics.
Options include current offerings as well as Basic Traffic Impacts on Land Use,
Comprehensive Planning, Spotlight on Subdivisions, and Site Planning Basics for Non -
Design Professionals, which are not part of this year's series.
PROGRAM FEATURES
• Accomplished faculty with extensive backgrounds in both planning and instruction
• Focus on current issues and timely information
• Practical content designed by a committee of planning experts and local officials
• Opportunities for in-depth study and hands-on application
• Extensive handouts and reference materials assembled to make your job easier
CORE & SPECIAL FOCUS PROGRAMS
Core Programs cover basic issues related to all cities, counties and townships regardless
of size or location. As they have been designed to build upon each other, participants are
encouraged to attend them in sequence.
Special Focus Programs cover specific topics of interest to jurisdictions addressing
particular situations or issues.
All program content is continually revised and updated.
WHO SHOULD ATTEND?
Members of planning commissions, boards of adjustment and appeals, and governing
bodies in Minnesota cities, counties and townships. Also valuable for members of
other advisory commissions, housing and redevelopment authorities, staff, real estate
professionals, and others working in areas related to specialized workshop topics.
Workshops targeted to individuals with certain levels of experience/expertise are so
noted to help you determine which course(s) are best for you!
VISIT WWW.MNGTS.ORG FOR ADDITIONAL INFORMATION AND UPDATES
1
FACULTY: Richard Thompson and Eric Hedtke
This workshop covers the nuts & bolts of planning, zoning & subdivision regulation. Participants learn
how planning and zoning is developed and where they fit into the process. How do the different
"players" maximize their impact? Among topics to be addressed are:
• The history, how the system has gotten to where it is today, the authority and limits to planning
and zoning
• The basic land use and zoning tools: comprehensive plans, zoning and subdivision ordinances,
amendments, permits, enforcement
• Legal basics: avoiding litigation, what is "due process," what is a taking, conducting public
hearings, making findings of fact, and understanding the 60-day rule
• Who participates in the planning & zoning process; YOUR role, responsibilities and opportunities
• Hands-on simulations of actual planning and zoning dilemmas
• Hot issues, answers to your questions
Audience: Designed for those new to land use planning or interested in a review of the fundamentals.
April 14 — St. Paul #2
May 26 — Little Falls
9:00 AM - 4:30 PM (check -in 8:30 am)
Registration Fee $125/person
Ics
1,
FACULTY: Phil Carlson and Desyl Peterson
Participants learn how planning and zoning tools are used to deal with a wide variety of develop-
ment issues, and obtain an in-depth review of the planning process. This workshop covers:
• A quick review of planning history, comprehensive planning, and zoning tools;
• Innovative ways to guide land use and development, from PUDs and performance zoning to
design guidelines and "cutting edge" applications
• Sustainability — what it is and how to apply sustainable principles to planning and zoning
• The environmental review process — EAWs, EISs, and AUARs: tools to expedite careful review
of complex projects
• Detailed discussion of zoning tools to handle various development issues
• The planning process in depth —from proper legal notice to development of findings of fact
• Legal issues in more depth: How to implement the comprehensive plan in zoning and subdivi-
sion ordinances? What to require for variances? When to grant conditional uses? When to use
interim use permits? How to treat nonconforming uses? When to require easements?
• Case studies —actual urban, suburban and rural situations!
• Answers to your questions on community zoning issues
Audience: For those who have a solid general knowledge of the planning process (1-2 years on
Council, Board or Zoning/Planning commission) or who have attended "The Basics."
May 20 - St. Paul #1
June 16 - Little Falls
9:00 AM - 4:30 PM (check -in 8:30 AM)
Registration Fee: $125/person
All workshop sites are accessible to persons with disabilities and have
convenient parking for participants.
Bloomington — 952-563-8700
Civic Center
1800 West Old Shakopee Road
Collegeville — 320-363-2240
St. John's University
31802 County Road 159
Fergus Falls — 1-800-998-8120
Otter Tail County Government Services Building
500 Fir Avenue West
Grand Rapids (to be determined)
Little Falls — 320-632-9255
Initiative Foundation Community Room
405 First Street SE
Owatonna — 507-444-2454
Fire Department Training Room
107 West Main Street
Rochester — 507-285-7210
Heintz Center
1926 College View Road SE
Slayton — 507-836-6144
Murray County Human Services Building
3001 Maple Road
St. Cloud — 320-257-5959
Lake George Municipal Complex
1101 7th Street South
St. Paul #1 — 612-624-3275
Continuing Education & Conference Center
1890 Buford Avenue, University of Minnesota St. Paul Campus
St. Paul #2 — 651-209-6400
Minnesota Counties Intergovernmental Trust (MCIT) Building
100 Empire Drive
West St. Paul — 651-554-5742
Northern Dakota County Government Center
One Mendota Road
2
11
Brian Ross, co-founder of CR Planning, has worked with many communities on
sustainable development natural resource policies, programs and regulations, including
shoreland ordinances. He was primary author of the State of Minnesota's guidebook
on sustainable development practices, From Policy to Reality: Model Ordinances for
Sustainable Development and a major contributor to the State's guide to comprehensive
planning, Under Construction.
Jeff Schoenbauer is Senior Principal & Co -Founder of Schoenbauer Consulting. As
a registered landscape architect and principal of Brauer & Associates, he has 27+
years of experience with public land planning and design projects, including working
with policymakers, staff and citizens to build consensus and resolve issues. In the last
decade, Jeff has worked with LGUs to evolve their strategies for managing development
to maximize public values, which served as the basis for his handbook, Redefining the
Development Process. He is principal author of the MN DNR's Trail Planning, Design, and
Development Guidelines.
John Shardlow is a principal with Bonestroo consulting planners and landscape
architects. During his extensive years of professional practice, he has assisted 100+
cities and counties in preparing and implementing their comp plans, zoning ordinances,
subdivision regulations.
Richard Thompson's background includes a wide range of positions in the field of land
use planning. He has been St. Croix County (WI) planning director, a sector representative,
manager of comprehensive plan reviews at the Metropolitan Council, and with TKDA
Consulting Engineers, Architects and Planners. At TKDA, he served as town and city
planner for various jurisdictions, handling all local planning needs. He currently serves as
a consultant at the Metropolitan Council.
Lots of good questions were
posed, and best of all the
speakers provided some
really great answers!
Your kale as Plan ce Coombs
FACULTY: John Shardlow
As a Planning Commission member, you contribute hours of unpaid time to your community. Have
you discovered that serving in this capacity is a bit more challenging than anticipated? This workshop
will focus on what you need to know to be successful in this important position. You'll learn practical
tips that can make the difference between results and regrets. Topics include:
• Keeping the "Big Picture" in mind
• Setting significant (but realistic) Commission goals
• Preparing an annual work program
• Changing non -productive patterns of work
• Forging healthy relationships with elected officials and staff (Plus...what to do if those relation-
ships are unhealthy!)
• Ways to facilitate public participation in the planning process
• Effective tools & techniques (planning report models and findings of fact designed to comple-
ment one another, primer on parliamentary procedure)
• Handling controversial issues
Audience: For members of City, County, Township Planning Commissions; also valuable for members
of Boards of Adjustment and Appeals and other advisory commissions.
April 1— St. Cloud
8:30 AM - 12:30 PM (check -in 8:00 AM)
Registration Fee $60/person
YCX1t goie Commission Member
Vkleoconfe� ♦®;'
Offered in cooperation with West Central Initiative Foundation (Fergus Falls), Murray County (Slayton)
and Arrowhead Regional Development Commission (Grand Rapids)
FACULTY: John Shardlow
Join us for a shortened version of this popular workshop delivered simultaneously to three sites
through video technology. See above for complete description.
2:00 PM Presentation
3:30 Questions & Answers between all sites and instructor
4:00-4:30 Facilitated discussion at each site relating presentation content to local issues
Audience: For members of City, County, Township Planning Commissions; also valuable for members
of Boards of Adjustment and Appeals and other advisory commissions.
June 10 — West St. Paul — Slayton — Fergus Falls — Grand Rapids (tentative — check web
site for updates)
2:00 — 4:30 PM (check -in 1:30 PM)
Registration Fee $30/person
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Ln a m 3m coo `� m ' to rra)to 46
rt
Mitch Haugru,
Rush City
Planning Commission
This seminar
was very informative. The
quality of the presenters was
exceptional!
John Baker is a partner with the Minneapolis law firm of Greene Espel. He has
represented numerous Minnesota cities of all sizes and geographic locations during his
20+ years of practice. He is also an adjunct professor of law at William Mitchell College of
Law where he teaches the upper -level land use law class.
Carolyn Braun is Planning Director for the City of Anoka, Minnesota. She is past
President of the Minnesota Chapter of the American Planning Association. She has written
articles for the Planning Commissioners Journal and other publications, and consults with
local governments on zoning issues.
Phil Carlson has consulted on planning issues for 30+ years with the firm of Bonestroo.
In addition to writing zoning ordinances for numerous communities, he wrote the design
guidelines for Burnsville's Heart of the City development, West St. Paul's Robert Street
corridor and Mankato's Urban Design Framework.
Jean Coleman, attorney and planner with CR Planning, Inc., has worked with local
governments for 20+ years as a policy advocate and zoning consultant —currently focusing
on community -based planning and innovative implementation techniques. Areas of
expertise also include using GIS-based natural resource information in comprehensive
planning, diverse tools for natural resource protection, public participation/conflict
resolution techniques for developing policies and ordinances.
Jenna Fletcher is program coordinator for Embrace Open Space (EOS), a collaborative
including non -profits, local and state governments, and private sector consultants with
a goal of fostering conservation and stewardship of natural areas in the eleven -county
Twin Cities area. Jenna has also worked as a policy analyst for state and federal forestry
agencies and ICF Consulting, a national environmental public policy consulting firm.
Eric Hedtke has represented and advised Minnesota cities, counties and townships on
land use matters for 11 years. Currently an attorney with the Minnesota Association of
Townships, his legal career has focused on local government as a city and town attorney
and on behalf of the Minnesota Counties Insurance Trust.
FACULTY: Jean Coleman, Suzanne Rhees, John Baker, Carolyn Braun
Zoning ordinance rewrites can be overwhelming, and frankly scary. Zoning is the most
powerful tool that local governments have for implementing their land use vision and
comprehensive plan. In the Twin Cities metropolitan area, comprehensive plan updates often
trigger zoning changes to meet consistency requirements. Join us for a clarifying and calming
journey through the ordinance rewrite process. Whether your city is considering a'zoning
rewrite for reasons of consistency or because you recognize your code has grown old and out-
dated, this workshop is for you. Topics include:
• How do you tell if your zoning ordinance is out-of-date? What are common problems
and solutions?
• Who are your zoning code 'customers' and how can you serve them?
• Should you consider a comprehensive rewrite or a targeted partial update? Should you
consider combining other municipal regulations into a unified development code?
• What is the process and who can help? How can the public be involved? How should
public officials be involved? From diagnosis to outline to draft — how long will it take?
• How can you phase the project from zoning text to map? What is the code adoption
process and how do staff adjust to the new code reality?
The half -day workshop will include opportunities for interaction and group discussion, as well
as an expert panel to address your community's specific zoning issues on the spot. Special
topics to be discussed will include sign controls, site plan review process and standards,
design- and form -based approaches, and other new trends in the zoning field.
Audience: Elected officials, appointed planning commissioners and members of boards of
adjustment, as well as planners and zoning administrators.
April 22 — Bloomington
8:30 AM - 12:30 PM (check -in 8:00 AM)
Registration Fee: $60/person
Very well done. The case
studies really added a lot to
the program
FACULTY: Richard Thompson and Eric Hedtke
A number of converging trends (e-commerce, baby -boomers taking up permanent residence in lake
cabins, layoffs) have led to an increase in home -based businesses —and an upsurge in problems fac-
ing local governments. This workshop outlines the challenges and ways to address them through
presentations, case studies and interactive examples. Participants will learn:
• The legal and historical basis for home occupations
• What constitutes a home occupation & what does not; relationship to commercial/industrial uses
• Potential problems —traffic, noise, odors, safety, environmental issues, signs
• How to create a firm and fair home occupation provision of a zoning ordinance; difficulties in
administration
• Relationship to nuisance law
Audience: Elected officials, appointed planning commissioners and members of boards of adjustment,
as well as planners and zoning administrators.
May 4 — Owatonna
1:00 — 5:00 PM (check -in 12:30 PM)
Registration Fee: $60/person
n V n
Presented in c000peration with the Minnesota Department of Natural Resources
FACULTY: Sharon Pfeifer, Brian Ross, Paul Radomski, Peder Otterson, Jeff Schoenbauer
The original 1970 shoreland rules applied to just counties and not cities. Over time, the rules were
amended to apply to both. However, the issues facing an urbanizing community or communities that
have been largely built out or are undergoing redevelopment can be quite different from the typical
"up north" Greenfield development that people often associate with shoreland development. How
can effective shoreland conservation be achieved in an urban setting? Look to this workshop to help
provide answers on such topics as:
• Using Land Cover Classification for improved shoreland conservation
• Adding to the tools that make for better shoreland conservation
• Reviewing how the draft shoreland rules can be applied to urban settings
• Learning from local examples of how new tools are already being put to use
• Achieving conservation through collaboration, a win -win -win for all
Audience: Of particular value to cities that may have recently completed an update of their compre-
hensive land use plans and seek ways to conserve their shoreland areas while meeting stormwater
management and other land management requirements. Also of interest to informed citizens, plan-
ning commission members and shoreland property owners, builders, developers and consultants.
May 26 — Bloomington 8:30 AM - 12:30 PM (check -in 8:00 AM)
June 2 — Rochester 1:00 — 5:00 PM (check -in 12:30 PM)
June 9 — Collegeville 1:00 — 5:00 PM (check -in 12:30 PM)
Registration Fee: $60/person
Presented in cooperation with the Minnesota Department of Natural Resources
FACULTY: lean Coleman, Jenna Fletcher, Sharon Pfeifer, Kristin Raab, Jeff Schoenbauer,
and local government officials
Survey after survey indicates that Minnesota communities highly value their lakes and wetlands,
rivers and woods. This day -long workshop highlights 1) practical economic, social, and ecological
reasons to conserve natural areas locally, and 2) a collaborative way of working that allows local
governments and developers to optimize public and private values to enhance local and regional
quality of life. Participants will gain the latest information on:
• Real social, economic, and ecological benefits provided by natural habitats
• Sustainable natural resources ordinances
• Local case studies illustrating Why and How to protect natural resources
• Funding options to help communities conserve natural resources as they develop
This workshop builds on the Growing Green and Redefining Development workshops first offered in
2008 as part of GTS' Natural Resources Series, with additional emphasis on implementation through
actual practice.
Audience: Elected officials, appointed planning commissioners and members of boards of
adjustment, as well as planners and zoning administrators.
May 6 — Little Falls - 9:00 AM - 4:00 PM (check -in 8:30 AM)
June 16 — Bloomington - 9:00 AM - 4:00 PM (check -in 8:30 AM)
Special Registration Fee: $75/person
SAVE THE DATE!!
September 22 — Mankato
8:30 AM - 12:30 PM
Offered in conjunction with the Annual Conference of APA Minnesota
Don't miss this practical workshop designed to take the mystery out of sustainability and help you
take steps to translate your community's goals into action. Participants will be introduced to a
common sense explanation of what "sustainability" is, explore why it's important to local government
— especially in today's economy, and learn how today's local government decisions affect tomorrow's
local government costs. A team of experts will share the range of current sustainability efforts
and programs in Minnesota communities and in various agencies, with real examples of what your
community could do to be more sustainable.
Audience: Elected officials, appointed planning commissioners, members of boards of adjustment
and other advisory commissions. Also a valuable foundation for practitioners.
Complete information (including fee and registration) about this program will be
available in early August. To receive an email alert or to be put on our mailing list,
contact Caro/ Schoeneck at GTS via email (cschoeneckc mngts. org) or phone (Twin
Cities: 651-222-7409 x205 and Greater Minnesota: 800-569-6880 x205).
t
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LU
Aigt
High court clears
way for St. Croix
riverside mansion
DNR overruled; environmentalists
say ruling leaves valley unprotected.
By Mary Divine
mdivine@pioneerpress.com
The Minnesota Supreme
Court on Thursday . sided
with broadcasting executive
Rob Hubbard in his fight with
the Minnesota Department of
Natural Resources over build-
ing a 10,000-square-foot house
on the St. Croix River.
The court ruled that the
DNR, which oversees the
lower portion of the federally
protected riverway, had no
authority to overturn the city
of Lakeland's approval of the
project.
Hubbard said the ruling vin-
dicates what he has argued
since the case began almost
four years ago.
"Everybody benefits
because we're now back to
the law being the law," he
said Thursday. "The court
made what I clearly believe is
the right decision forlots of
reasons, and the good news is
that it will benefit everybody
on the St. Croix River that's.
been run into by these —
say the word `bullies' —
bedause that's how they act."
RIVERSIDE MANSION, 5A >
twincities.com St. Paul Pioneer Press
CONTINUED FROM IA
> Riverside
mansion
He would not say how much
he has spent fighting the DNR,
other than to say: "It's a lot."
"One of the reasons Pm par-
ticularly gratified by this deci-
sion is that I have seen so
many people just get run over
by the DNR, ands they have no
ability to fight them," Hubbard
have the resources to fight it."
Hubbard is president and
chief executive of Hubbard
Television Group, a St. Paul -
based company that owns
KSTP-TV and .several other
broadcast stations.
DNR Commissioner Mark
Holsten was unavailable for
comment. He issued a written
statement saying the ruling
"helps clarify the DNR's role
regarding local river variance
decisions."
But others called it a huge
blow for the river.
"This means there are no
rules," said David Beaudet,
mayor of Oak Park Heights
and a member of the Lower St.
Croix National Scenic River-
way's Partnership Team. 'Tm
shocked that the DNR lost, but
now that they've lost, they've
lost everything.".
Jim Rickard of the Sierra
Club, which has fought to pro-
tect the scenic beauty of the
river valley, said he was disap-
pointed the Supreme Court
took such a narrow view of the
DNR's authority
In an opinion written by Jus-
tice Lorie Gildea, the court
affirmed the Minnesota Court
of Appeals' decision that
favored Hubbard and said the
DNR "lacked express and
implied statutory authority to
certify variance decisions by
local units of government."
David Iverson, attorney for
the DNR, said during oral
arguments in October that
state law charges the agency
with the "ultimate responsibil-
ity" of implementing the wild
and scenic rivers legislation.
But Hubbard's attorney, for-
mer Supreme Court Justice
Sam Hanson, said there was
no express statutory authority
for the DNR to rule in Hub-
bard's case, and the Supreme
PIONEER PRESS FILE PHOTO: JOHN DOMAN.
A riverside portion of Rob Hubbard's home on the St. Croix
River peeks through trees, with the edge of the roofline of an
adjacent cabin barely visible below at the lower right of the
home's Tight -colored wall. Hubbard plans to demolish the
cabin, build another structure on its footprint and attach it to
the house.
Court agreed
Gildea wrote that neither the
Lower St. Croix Wild and
Scenic River Act of 1972 nor
the Minnesota Wild and Scenic
Rivers Act of 1973 gave the
DNR that authority.
Buck Malick, chairman of the
Lower St. Croix National
Scenic Riverway's Partnership
Team and a supervisor in St
Croix County, Wis., said it will
now be up to the Minnesota
Legislature to correct that mis-
take.
"I hope that occurs in a rela-
tively short period of time," he
said. "Everyone assumed the
DNR had the authority..... I
suppose we just have to have
faith that the people in Min-
nesota will speak to their legis-
lators and get it right quickly"
Holsten said in his written
statement that the "wild and
scenic river program's founda-
tion is still strong." He wrote
that the DNR would remain a
partner with local units of gov-
ernment "to make quality deci-
sions."
In April 2006, Hubbard paid
$1.6 million for 3.8 acres with
200 feet of river frontage. He
planned to knock down a small
cabin on the property and
build a much larger house. He
asked for and received permis-
sion from Lakeland officials to
set the footprint of the house
closerto the bluff line than
rules allow.
But that fall, officials from
the DNR refused to sign off on
the variances granted by Lake-
land
According to the DNR, any
new house must be built 40
feet from the bluff line.
Hubbard objected and took
Friday 2-12-2010 M 5A
PIONEER PRESS
the matter to an administra-
tive law judge, who concluded
that the DNR acted. properly.
Hubbard challenged the deci-
sion and asked Holsten to rule
that he be allowed to build the
house.
But Holsten ruled that his
staff acted properly in refusing
to allow the variance.
Hubbard and Lakeland offi-
cials then took the matter to
the state appeals court, which
on Dec. 9 issued its decision
that Holsten's ruling was not
made within the .60 days
required by state law. :
Attorneys for the DNR
argued that Holsten had 90
days, not 60, to rule under the
Administrative Procedures
Act, which governs such con-
tested case hearings as Hub-
bard's, and asked the Supreme
Court to take the case.
The Supreme Court instead
ruled on the issue of whether
the DNR had the statutory
authority to overturn Lake-
land's approval of the project.
Brian Zeller, mayor of`Lake-
land, said the decision will
have a "very significant"
impact for all the communities
along the St Croix.
"It effectively affirms : that
local zoning and local land -use
decisions should be made by
local officials," Zeller said.
The cabin has remained on
Hubbard's property as he wait-
ed for the Supreme Court to
issue its decision. A house was
built set back from the bluff,
and Hubbard, and his family
moved in.
After his victory on Thurs-
day, he said he plans to demol-
ish the cabin, build another
structure on the cabin's foot-
print and attach it to the new
house.
twincities.com St. Paul Pioneer Press
Thursday 3-4-2010 A
At the Capitol
Bill boosts DNR's
authority on St. Croix
Legislation a result of Hubbard decision
By Mary Divine
mdivine@pioneerpress.com
The Minnesota Supreme
Court ruled last month that
the Minnesota Department of
Natural Resources did not
have the statutory authority
to overturn the city of
Lakeland's approval of Rob
Hubbard's new house along
the St. Croix River.
Now, some legislators are
introducing a bill that would
•give the DNR, which oversees
the lower portion of the
federally protected riverway,
the "authority that we
thought that they had all
along," said Sen. Ann Rest;
DFL-New Hope. Rest is the
author of the Senate version
of the bill.
The Supreme Court last
month sided with Hubbard in
his fight with the DNR over
building a 10,000-square-foot
house. The court .affirmed a
Minnesota Court of Appeals
decision that favored the
broadcasting executive and
said the DNR "lacked express.
and implied statutory author-
ity to certify variance deci-
sions by local units of govern-
ment."
Rep. Bev Scalze, DFL-Little
Canada, who is sponsoring
the bill in the House, said
the legislation would give the
DNR that express statutory
authority for the Lower St.
Croix.
"We're going to try to get
rid of a situation we don't
want to happen again,"
Scalze said.
The Sierra Club issupport
ing the legislation, said
Margaret Levin, state direc-
tor of the Sierra Club's North
Star Chapter. Levin said
that the club wants to ensure
the river can be protected
and that "restoring DNR
oversight will help local
governments to ensure con-
sistency."
DNR officials want to "wait
and see how it goes for
a year" before pursuing
"We're going to try
to get rid of a situation
we don't want to
happen again."
Rep. Bev Scalze, DFL-Little
Canada, who is sponsoring
the bill in the House
legislation, said Molly
Shodeen, an area hydrologist
for the DNR.
"We are expanding our
community -assistance efforts
in the St. Croix watershed
and would like to work coop-
eratively with the local units
of government before going
the legislative route,"
Shodeen said.
This week, DNR officials
are sending letters to
community officials along
the Lower St. Croix explain-
ing what has and has
not changed as a result
of the Hubbard ruling, she
said
As a result of the ruling,
zoning variance decisions
by local governments no
longer need to be certified by
the DNR and there no longer
will be an opportunity for
project pro'..,nents. or oppo-
nents to contest DNR certifi-
ca i" uecisions, Shodeen
In addition, the DNR or
other interested parties may
now cnallenge local variance.
decisions directly in district
court; the sole responsibility
and burden of proof for
defending variance decisions
now will rest with the
local unit of government, she
said.
"Communities must
become more accountable for
their decisions because other
entities — not just the DNR.
— could take them to district
court," Shodeen said.
Mary Divine can be reached at
651-228-5443.