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2010-05-10 CPC Packet
illwater T H E GITYHOFA 6ETILLxJIA ATERrA PLANNING COMMISSION NOTICE OF MEETING MONDAY, May 10, 2010 The City of Stillwater Planning Commission will meet on Monday, May 10, 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 APRIL 12, 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 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. 2010-11 A variance request for rear and side yard setbacks for the construction of a swimming pool located at 1211 Macey Way in the CCR, Cottage Cove Residential District. Eric Thole, applicant. 4.02 Case No. 2010-14. A variance request to impervious surface regulations and bluff line setback for the construction of an addition located at 722 3rd St No in the RB, Two Family Residential District. Mark Balay, representing, Joel Jaeger, applicant. 4.03 Case No. 2010-15. A variance to the impervious surface regulations for the construction of a garage located at 405 Holcombe St S in the RB, Two Family Residential District. Darron May, applicant. 4.04 Case No. 2010-16. A Comprehensive Plan Amendment and Zoning Map Amendment to amend the area located at 1850 South Greeley, 1792 South Greeley, 1862 South Greeley, 1825 and 1845 Industrial Blvd from Business Park Industrial to Business Park Commercial. BWBR Architects, representing, Stillwater Area Public Schools, Raymond Queener. 4.05 Case No. 2010-17. A special use permit amendment to add antennas and cables to the existing 100- ft monopole telecommunications tower for T-Mobile located at 1790 Washington Avenue in the BP -I, Business Park Industrial District. Verna Garrison,T-Mobile, applicant. 4.06 Case No. 2010-18. A variance request to the front yard setback for the construction of a deck located at 1316 Oak St West in the RA, Single Family Residential District. Justin Bigger, applicant. 4.07 Case No. 2010-19. A special use permit for an outside patio located at 1180 Frontage Road W (Aritso's) in the BP-C, Business Park Commercial District. Samy Youssef, applicant. 4.08 Case No. 2010-12. A Zoning Text Amendment on Swimming Pool Safety Enclosures. City of Stillwater, Applicant. 5. OTHER BUSINESS 5.01 Case No. 20filX11111-1-A226dilfi i1 1Mbht°orST IdJ1MARAM1NaTA}5 PHONE: 651-430-8800 • WEBSITE: www.ci.stillwater.mn.us Ulvater, applicant. City of Stillwater Planning Commission April 12, 2010 Present: Dave Middleton, Chairperson, Suzanne Block, Mike Dahlquist, Mike Kocon, John Malsam, Scott Spisak, and Charles Wolden Absent: Dan Kalmon and Robert Gag Staff present: Community Development Director Bill Turnblad and Planner Mike Pogge Mr. Middleton called the meeting to order at 7:05 p.m. Approval of Minutes: Mr. Dahlquist moved to approve the minutes of Feb. 8, 2010, and March 8, 2010. Mr. Wolden seconded the motion; motion passed unanimously. OPEN FORUM No comments were received. Mr. Middleton announced that there is a vacancy on the Commission and invited interested residents to make application. PUBLIC HEARINGS Case No. 10-06 A variance request for front and side yard setbacks (20 feet required, 12 feet requested, and 20 feet required, 4 feet requested) for construction of a front porch and two -car garage at 901 Sixth Ave. S. in the RA, Single Family Residential District, Todd and Audrey Hansen, applicants. Mr. Turnblad reviewed the request for a small addition to the house, replacing an existing garage with a slightly larger garage, and replacing a deck and enclosed porch with a new open porch and stoop. He noted the requested setback on Hudson Street for the garage will be the same as the current setback. On Sixth Avenue, the stoop that serves as the front entrance to the porch would be a bit farther away from the sidewalk than the front line of the existing deck. The deck will be replaced with an open porch that will be a bid wider, but the net effect is that there will be more separation from the street to the front of the house. Mr. Turnblad noted the existing house is non -conforming, with the existing setbacks on Hudson and Sixth Avenue not meeting requirements. He pointed out many of the homes in the area, including this one, predate the ordinance. He noted that according to the ordinance, a non -conforming structure cannot be expanded, therefore the applicants are requesting a variance to allow the addition and a variance for the new porch, which will be slightly closer to the front setback than the existing porch. He said staff finds the criteria are met for the existing setbacks, but staff is not convinced of the hardship to allow the widening of the new open porch, he stated. He said in driving by the house, he observed that many of the homes in the area are as close or closer to the street than the requested setback, so it would not impact the integrity of the neighborhood. Mr. Hansen was present. He showed some photos of homes in the area to highlight existing setbacks and porch dimensions. He said they would like an 8' wide open porch with stoop area, pointing out the front of that will still be setback farther from the sidewalk than several other houses in the vicinity. Mr. Dahlquist asked the reason for going with an 8' wide porch, rather than a 6.5' wide porch. Mr. Hansen said the existing enclosed porch is 6.5' wide, by removing the deck on the street -side of the enclosed porch, the new porch will actually be pulled back from the sidewalk. He also stated he felt an 8' wide porch would be more useful than a narrower porch. 1 City of Stillwater Planning Commission April 12, 2010 Mr. Middleton opened the public hearing. No comments were received, and the hearing was closed. Mr. Dahlquist asked Mr. Turnblad whether a variance would be required for work on any other portion of the home to accommodate the non -conformity; Mr. Turnblad replied in the affirmative. Mr. Dahlquist asked whether that variance would have included the deck that is currently on the house if that is how the request was presented; Mr. Turnblad stated variances would not have to be granted for the deck setback, but would for the existing enclosed porch. Mr. Turnblad explained said some encroachment into required yards is allowed for open decks. Mr. Dahlquist said looking at the changes, the overall affect is to be farther away from the street, and he said there is some architectural balance to the house added by the plans. Mr. Dahlquist moved to approve the requested variances, with the conditions as recommended by staff. Mr. Malsam seconded the motion; motion passed unanimously. Case No. 10-07 A special use permit request to convert retail space into a coffee shop at 200 Chestnut St. E. in the CBD, Central Business district. Stacie Berg, applicant. The applicant was present. Mr. Pogge reviewed the request for a special use permit for a coffee shop, which by ordinance is defined as a restaurant and thus requires a special use permit, as well as a variance from the parking requirements. He noted the Chestnut Building currently is three spaces short of meeting requirements. The requested new use will require two additional parking spaces, making the building five spaces short. He reviewed the three criteria for the issuance of a special use permit and said staff found in favor of the request for a special use permit. Regarding parking, Mr. Pogge noted there is a downtown parking district which allows alternative parking standards in the CBD; the alternative provision is generally met by requiring the applicant to provide a sufficient number of monthly parking permits for employees. Mr. Pogge said as a condition of approval, the applicant will be required to purchase five parking permits. Approval is recommended with the three conditions listed in the staff report, he concluded. Mr. Wolden questioned the need for the additional parking space. Mr. Pogge stated that is due to the change in use, from retail to restaurant. Mr. Dahlquist asked if there have been issues with parking at the building; Mr. Pogge stated none that he is aware of. Mr. Dahlquist noted that one of the issues that came up the last time the Commission discussed this building is that a lot of the spaces are already committed to other facilities downtown; Mr. Pogge noted that involved the City purchasing spaces during construction of the parking ramp and said the City is no longer leasing any spaces in this building's lot. Mr. Middleton opened the public hearing. No comments were received, and the hearing was closed. Mr. Spisak asked about the drive-thru operation. Ms. Berg explained that folks will drive up to the window and if she is not at the window, there will be a wireless doorbell to announce the customer. Ms. Block moved to approve the special use permit and variance as conditioned. Mr. Wolden seconded the motion; motion passed unanimously. Case No. 10-09 A variance to impervious surface regulations for construction of an addition at 104 Lakeside Drive in the RB, Two Family Residential District. Michael Bergum, applicant. The applicant was present. Mr. Turnblad reviewed the plans to remodel the home. Plans include adding a third garage stall, with a second -story added to the entire garage. When the home was built in 1968, both the setbacks and lot size exceeded minimum standards, he said. When the City adopted the river overlay district in 1974, the lot size in that district increased to 20,000 square feet, along with the minimum lot width to 100 square feet, so the lot width and area are now non -conforming. Mr. Turnblad noted that a variance to lot size and width will be required for 2 City of Stillwater Planning Commission April 12, 2010 the addition because of the non -conforming status. Mr. Turnblad pointed out that in addition to setbacks, in the river overlay district, impervious surface coverage is an important consideration. He said the current property has coverage of 3,939 square feet; the plans will not change that coverage. Mr. Turnblad stated the width and lot size are both legal non -conforming; however, he said, the impervious cover is a bit different as bituminous surface along the northern edge of the home and driveway was added after the adoption of the river overlay district, not by the current owner but by a previous owner. Mr. Turnblad stated that bituminous surface should not have been added without a variance. He said a variance would need to be granted to allow the existing impervious cover in order for Mr. Bergum to proceed with his plans. Mr. Turnblad suggested that if the Commission is comfortable with the allowing no more impervious cover than currenly exists, as is being proposed, staff would suggest the Commission reduce the overall impervious by requiring that the bituminous strip be replaced with pervious bituminous, which would decrease the overall impervious surface and still allow the project to proceed. He stated another requirement should be mitigation for anything above the maximum allowed, which is usually accomplished with a rain garden or other measures; he said the mitigation plan will have to be approved by the City Engineer. Mr. Spisak asked if the DNR will review plans; Mr. Turnblad replied in the affirmative, which is a condition of approval by the Commission. On a question by Mr. Malsam, Mr. Turnblad described a cistern system utilized by a nearby house to treat/mitigate runoff water. Mr. Pogge pointed out part of the review by the various agencies will be selecting the correct mitigation solution so it works correctly on the property. Ms. Block expressed a concern that rain gardens are not a permanent solution and could be abandoned by any future property owner. Ms. Block asked whether a cistern system would be a more permanent solution; Mr. Turnblad said even cistern systems require maintenance, but noted that mitigation measures are filed with the chain of title to notify new owners that a rain garden or other measure exists on the property. Ms. Block asked for a clarification of the imperious coverage numbers. Mr. Kocon asked how replacing the existing impervious bituminous with a pervious surface would impact the numbers; Mr. Bergum stated the bituminous is actually concrete. There was discussion about whether the deck was included in the coverage, and possible mitigation surfaces beneath the deck. Mr. Bergum stated there is an outbuilding he would be willing to remove to get to the allowable surface coverage. Mr. Bergum said he thought his plans would add to the aesthetic appearance of the property, and said he would be connecting to sanitary sewer immediately. Mr. Middleton opened the public hearing. Vince Fedor, 102 Lakeside Dr., said he didn't think these properties have always been in a watershed district, and said being in the watershed district has created a hardship for homeowners. He noted that the homes in the area are older homes and starting to need improvements. No other comments were received, and the hearing was closed. During discussion, it was clarified that a variance will be needed for any amount above the allowable surface coverage and a mitigation plan must be submitted and approved to capture any runoff from the area above the allowable surface coverage area. Mr. Bergum said he was comfortable with the suggested conditions of approval. Mr. Spisak asked what would happen if the City Engineer and/or DNR does not approve the mitigation plan; Mr. Turnblad stated the plans would have to return to the Planning Commission. Mr. Spisak said he was in agreement on the two legal non -conforming uses, but said there seems to be a lot of numbers being mentioned in figuring the amount of coverage that has to be mitigated and said he didn't think a clear plan for accomplishing the mitigation had been presented. Mr. Spisak said he would be 3 City of Stillwater Planning Commission April 12, 2010 inclined to table that portion of the request until a clear plan has been presented. Mr. Turnblad clarified that he doesn't know the actual number for the variance, but does know that everything above 2,696 square feet of impervious surface coverage will have to be mitigated. Mr. Turnblad said he thought that if Mr. Bergum works with the City Engineer they can come up with a workable plan. Mr. Turnblad suggested approving the two variances that are not in question and if the applicant can get the surface coverage down to 2696, that variance is a moot point; if they can't get the coverage to 2696, the applicant would have to return to the Planning Commission. Mr. Dahlquist asked whether sewer hook-up is required by the building permit or whether that needs to be a condition of approval; Mr. Turnblad said that is required by the building permit due to the addition of a bedroom. Mr. Middleton moved to approve the variance for the non -conforming lot size and lot width and table the impervious surface coverage variance with the conditions as stated in the staff report. Mr. Dahlquist seconded the motion. There was a question about including all of the conditions as some do not apply. It was pointed out that conditions 3 and 5 become moot if the applicant can come up with a plan to meet the maximum surface coverage. Motion passed 6-1, with Mr. Wolden voting no. Case No. 10-10 A special use permit request for change of use at 201 Main St. S. in the CBD, Central Business District. Brian Larson, Larson Brenner Architects, applicant. Mr. Pogge reviewed the request for a special use permit for a restaurant/cafe area in the building at 201 Main St. S. He noted that the Heritage Preservation Commission had approved plans for the renovation of the building, which includes adding storefront windows and windows on the second floor. He said the restaurant/cafe will occupy about 400 square feet of floor area, noting that restaurants require a special use permit in the downtown area. He reviewed the criteria for the issuance of a special use permit and said staff has found that the criteria has been satisfied. Regarding parking, he noted that the second floor is being converted from retail use to office uses, which has a lower parking demand, so the overall parking demand for the building is going down by five spaces. He pointed out that if at some point in the future, the rear portion of the building is remodeled for occupied space, additional parking may be required at that time; also an elevator may be required if the rear of the second floor is utilized for occupied space in the future. He concluded that approval is recommended with nine conditions of approval as indicated in the staff report, most of which mirror the design review conditions imposed by the Heritage Preservation Commission. Ms. Block asked about the parking calculations, which Mr. Pogge reviewed. Ms. Block suggested that parking for retail use is short- term as compared to office space, where folks park for a longer period of time. Mr. Pogge noted that the parking lot immediately behind the building is three-hour parking so the office people will likely have to park in one of the all -day lots in the area. Mr. Larson was present. Ms. Block asked what the cafe would be serving. Mr. Larson said the cafe would be serving hard -serve ice cream, coffee products and some baked goods. He said the intent is to draw people into the building. Mr. Middleton opened the public hearing. No comments were received, and the hearing was closed. Mr. Dahlquist moved to approve with the nine conditions as listed in the staff report. Ms. Block seconded the motion; motion passed unanimously. Ms. Block moved to adjourn at 8:10 p.m. Mr. Malsam seconded the motion; motion passed unanimously. 4 City of Stillwater Planning Commission April 12, 2010 Respectfully submitted, Sharon Baker Recording Secretary 5 THE BIRTHPLACE OF MINNESOTA Planning Commission DATE: REQUEST: Rear and Side setback variances to allow swimming pool APPLICANT: Eric Thole LAND OWNER: Eric Thole LOCATION: 1211 Macey Way MEETING DATE: May 10, 2010 REVIEWED BY: Shawn Sanders, Public Works Director PREPARED BY: Bill Turnblad, Community Development Director i- April30, 2010 CASE NO.: 2010-11 BACKGROUND The Tholes would like to construct a pool in their rear yard. However, since their rear yard is not large enough, they have requested a side yard setback variance and a rear yard setback variance to accommodate a pool. The Zoning Chapter of the City Code requires swimming pools and all of their appurtenances (such as pool aprons, maintenance equipment, etc.) to be located at a distance of at least 10 feet from any property line.' The edge of the proposed pool's apron would be approximately 2 feet from the rear lot line and about 4 feet from the side lot line. SPECIFIC REQUESTS To build the swimming pool, two specific variances have been requested: 1) An 8 foot variance from the minimum required rear lot line setback for the pool and its apron, since the proposed setback is about 2 feet and the required minimum setback is 10 feet; and City Code Section 31-514, Subd. 5. Thole Variances April 30, 2010 Page 2 of 4 2) A 6 foot variance from the minimum required side lot line setback, since the proposed setback is about 4 feet and the required minimum setback is 10 feet. Also, since the proposed pool would be located within platted drainage and utility easements, the City Council would have to grant permission to build within the easement areas. SWIMMING POOLS IN SETTLERS GLEN The city's Zoning Code prohibits "accessory structures" in the Settler's Glen neighborhood. So, is a below grade swimming pool an "accessory structure"? Upon receipt of the Thole case, city staff began researching the intent of the prohibition on accessory structures in the Settler's Glen neighborhood. The former Community Development Director, Steve Russell, was interviewed as part of the research. As explained by Director Russell, the intent of the prohibition was to keep the back yards open, in keeping with the natural setting of the neighborhood's perimeter wetlands. But Russell pointed out that he had never considered below grade swimming pools to be accessory structures. So, he thought it unlikely that at grade swimming pools would have been defined as accessory structures in the Settler's Glen Planned Unit Development permit. 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 found, that specifically allows for "below grade" swimming pools. (See page 6 of attachment.) EVALUATION OF REQUEST The Planning Commission may grant variances when the following conditions are met.3 1. "A hardship peculiar to the property, not created by any act of the owner, exists. Personal, family or financial difficulties, loss of prospective profits and neighboring violations are not hardships justifying a variance." The lot line configuration of the Tholes' property makes it impossible to install a swimming pool without a variance. If the rear lot line were squared off a bit more, a variance would not be necessary. Though there is nothing peculiar about an irregularly shaped lot in Settler's Glen, the angle of the Tholes' rear lot line is unusual even for Settler's Glen. 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." 2 At that time the three neighborhoods that were involved in this development project were referred to as The Coves at Stillwater. 3 City Code Ch. 31, Sec. 31-208(d). Thole Variances April 30, 2010 Page 3 of 4 The property is zoned for single family residential usage. If the lot was vacant, and a reasonably sized home could not be built on it without a variance, then granting the variance would be necessary to preserve substantial property rights. However, whether having a swimming pool is a substantial residential property right that should be preserved is open to discussion. The Planning Commission will have to consider this and come to a conclusion. 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 rear yard is so confined that grading for the pool can likely not be contained on the property. As proposed, see attached drainage plan, grading on the abutting City Park property is necessary to prepare the swimming pool site and create proper drainage around the pool. The Public Works Director does not support the request for several reasons. The first is a belief that impacting public property for a private swimming pool is not necessary. And secondly, the perimeter of the park is designed as a large rain garden. Both grading and erosion have the potential to upset this stormwater treatment system. Therefore, if the Commission finds the variances to be acceptable, and the City Council allows construction within the City's drainage and utility easements, then the Public Works Director would suggest adding a condition that the applicant must submit a satisfactory grading and erosion control plan. The plan would have to be drawn up by a registered Civil Engineer, submitted to the City, and found satisfactory by the City Engineer before a swimming pool permit is issued. He would also like a $2,500 grading and erosion control escrow deposited with the City prior to issuance of the building permit for the pool. FINDINGS 1. The configuration of the rear lot line is peculiar to the property. 2. The variances may or may not be necessary to preserve substantial residential property rights. The Planning Commission will need to decide this. 3. The proposed grading on City Park land has the potential to harm the stormwater treatment system. Therefore, if the Planning Commission finds the variances satisfactory, the Public Works Director would need to find grading and erosion control plans acceptable, and an appropriate escrow would have to be deposited with the City in case the City has to correct grading and erosion control problems caused by the project. ALTERNATIVES The Planning Commission has the following options: A. Approve the requested variances with the following conditions: 1. No construction equipment is allowed on the park property, not even in transit. 2. The variances will not become effective unless the City Council grants permission for the Tholes to construct a pool within the City's drainage Thole Variances April 30, 2010 Page 4 of 4 and utility easements on their property. If the Council does not grant that permission, then the variances will become null and void. 3. A grading and erosion control plan shall be drawn by a registered Civil Engineer, submitted to the City and found satisfactory to the City Engineer before a swimming pool permit is issued. Also, a $2,500 grading and erosion control escrow shall be deposited prior to issuance of a swimming pool permit. B. Deny the requested variances. C. Table the variance requests for additional information. attachments: Zoning and Location Map Applicant's Letter and accompanying material Email from Neighbor Architectural Guidelines For Coves at Stillwater Homeowner Association City of Thole Variance Location and Zoning D City Limits Zoning I A-P, Agricultural Preservation RA - Single Family Residential I _ RB - Two Family I I TR, Traditional Residential LR, Lakeshore Residential NN 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 m VC, Village Commercial CA - General Commercial 1111%kt CBD - Central Business District BP-C, Business Park - Commercial BP-O, Business Park - Office I I BP -I, Business Park - Industrial ▪ IB - Heavy Industrial CRD - Campus Research Development 1 PA - Public Administration Public Works Facility Railroad WATER Outside City Limits I I COUNTY ROAD 64 :90 S 6,�J / fJ / 1 1 \ -r44E �L nErcv_p_AJTA.._wiia-zei_e-:AppE9 0 Scale: 2" = 30' tr-EMIP01,--At-ICIE.011-1. giw nk-SaT73f, '- 1024 'Eagle Ridge et - StiiiwateF, 3C.WE2 Office (651) 439-1491 FEIX (651) 2754394(:3 Eric C. Thole Attorney at Law 275 South Third Street, Suite 203, Stillwater, Minnesota 55082 651-439-1112 fax 651-439-1442 April 17, 2009 Stillwater Planning Commission Stillwater City Hall 216 N 4th Street Stillwater, Minnesota 55082 Re: Variance for pool construction Dear Planning Commission: We hope to build a 16' x 32' swimming pool in our backyard. The problem we're running into is our lot is irregularly shaped, which makes it difficult to abide by the setbacks. Some of you may recall, we needed a variance three years ago just to build our deck. Most of our neighbors have rectangle shaped Tots and don't have the same issues we do. Initially, we planned to have a kidney shaped pool, which wouldn't require a variance. We then learned we couldn't have the permanent pool cover with the kidney shaped pool. We're not all that interested in having a pool if we cannot have a permanent cover. The neighborhood is full of kids and a fence alone is not enough to remove potential safety issues. The current plan would have one corner of the pool violating the rear setback and another corner violating the side setback. The side setback is adjacent to the property of Jake and Kim Finney. Kim is aware of our plan and has expressed her support. There is no neighbor to the rear, as the property is owned by the city. The area directly adjacent to the rear is a drainage area. The play area of the park begins approximately 35 yards from my lot. My hope is that all the neighbors will support this request. A general question for the Commission is should variances for pools undergo the same scrutiny as home additions, porches, decks or outbuildings? A homeowner could legally put a fence around their property, which would screen the pool from outside viewers. Would it matter where the pool sits within the screened -in area? Just a thought. Thanks for your consideration and don't hesitate to contact me if you have questions. Office 439-1112 Cell 207-3500 Home 430-3722 Since Eric Thole Bill Turnblad From: Grace Robbins [hgrobbins©gmail.com] Sent: Friday, April 30, 2010 1:21 PM To: Bill Turnblad; Michel Pogge Subject: Variance for Swimming pool at 1211 Macey Way Bill and Mike - Hi, I am a neighbor to the Thole's residence at 1211 Macey, we are located at 1195 Macey Way, Jeremy and Grace Robbins. We are having great issue with a pool being installed in our neighborhood and moreover next door to us with a 4 and 3 year old at home and another on the way. I am shocked this is even being considered, I haven't heard one neighbor in this area in support of such an idea, in fact the "wetlands" behind our home separating the park to our yard were drained for danger to children, but a pool seems to be OK? I think not. I realize and am not naive to the fact that pools require fences, however, with the guidelines in the neighborhood forbidding privacy fences, a picket or wrought iron fence that is 3-4 feet tall is hardly sufficient for children in the area at any given time of day/night. I can't think of a worse place for a pool then a yard with a public park in the back of it, way too dangerous and just plain ignorant. If the Thole's intended on getting or wanting a pool perhaps a yard elsewhere in our neighborhood on a wooded private lot would have suited their needs better. In either case, it is not something we approve of and in fact take great objection to. Furthermore, we would love to have placed a fence in our own yard for our liking and were turned down by the association due to the location of our yard, so we are not even allowed to take action personally by constructing our own fence, but somehow they can construct a fence and a pool, it seems wrong? This community was constructed under the guise that pools were not to be a part of it or be approved, especially with the lack of yards the houses possess, to assist the Thole's to supersede this variance in a case such as this just seems foolish due to the dangerous proximity to a public park and walkway that children frequent constantly. Thank you both for taking the time to consider our position and hear our concerns. I do not have Eric Thole's email address or would have also CC'd him on this, so please feel free to forward to him. Thank you again. Take care - Jeremy and Grace Robbins 651-439-1552 1195 Macey Way i Architectural Guidelines For Coves at Stillwater Homeowner Association 0 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 , nngafter you build them. Please contact the City's Planning Depart ent (731 5790) tot the information and approval you'll need. 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 the 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. Afler 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. covenant: 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 Clothesline Poles Guidelines: You may use a temporary clothesline or clothesline pole if you take it down after each use. Landscaping Guidelines: Check with Mailboxes Guidelines: Pools: Guidelines: TTT Your front yard must be sodded or seeded. Stiliwater'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\,.e't ;J� 61. del -_ i/ 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 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 Guidelines: Pole can be placed in front yards next to asphalt driveway. Pole should not be mounted to homes. Other: 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 agreement Play Equipment Guidelines: from the side -yard property line. A signed maintenance 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 )14111( 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. 9 Planning Commission DATE: May 7, 2010 APPLICANT: Mark Balay PROPERTY OWNER: Joel and Christine Jaeger REQUEST: CASE NO.: 10-14 The applicant is requesting variances in order to construct a 16' by 21' addition to an existing home. The variances include: 1. A variance to the minimum lot size. (7,500 square feet required/5,554 square feet currents). [31-308] 2. A variance to allow the construction of a 16' by 21' addition to an existing home located on a 24% plus steep slope. [31-521] LOCATION: 722 Third St S ZONING: RB, Two Family Residential COMPREHENSIVE PLAN: SFSL, Single Family Small Lot MEETING DATE: July 28, 2009 PREPARED BY: Michel Pogge, City Planner BACKGROUND The property owners, Joel and Christine Jaeger, are planning a project that will demolish an existing detached office and replace it with an addition to the home. The existing office was originally constructed in 1973 as a 12' by 22' detached garage and was later converted to a home office. The rear (west side) of the garage and home are atop a ravine that spans between Third St N and Fourth St N. The rear wall of the addition is even with and parallel to the exiting back wall of the home, which is setback from the slope approximately one foot further then the current office. For practical purposes, the home is at the top of slope with no setback. City Code 31-521Sub 1(b) does not count slopes greater than 25 % in the lot area. 8,332 s.f. (lot area including steep slopes) — 2,778 s.f. (steep slopes) = 5,554 s.f. net lot area. 1001 4th St N Page 2 The Jaeger property is in the RB zoning district. The critical standards for the district are presented in the table below, together with the current and proposed minimums. RB Zoning District Required/Allowed Current Proposed Lot Size 7,500 s.f. 5,554 s.f. Same Steep slope setback 30' 0' 0' building cover, max 25% 22.3% 23.7% other impervious, max 25% 12.2% 10.9% Total impervious n/a 34.5% 34.6% As seen in the table, the lot size does not satisfy the RB zoning standards. Additionally, the steep slope setback is not met. SPECIFIC REQUEST The applicant and property owners are making the following requests: 1. The applicant is requesting a variance to Chapter 31-512 Subd. 1(d) of the Stillwater City Code to allow for the construction of a 16' by 21' addition to an existing home to be located partially on or near 24% plus slopes. This section states: "4. No structure may be located on a slope of greater than 24 percent or within 30 feet of a 25 percent or greater slope." 2. A variance to the minimum lot size. (7,500 square feet required/5,554 square feet current ). 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 in 1882 according to the Washington County Assessor's office. The ravine is a natural feature that has historically been part of the property and was not human made. The nether location of the home nor the lot configuration were created by an act of the property owner. 1001 4th St N Page 3 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. An issue such as topography is specifically one reason why the variances were created. In this case, the code suggests the structure be moved away from the steep slope and toward the street. If the addition were to be moved away from the top of the ravine and toward the front of the lot two items would occur. First a side entry into the home would be blocked and second it would likely cause the loss of parking which is already in short supply on the lot and in the neighborhood. City code section 31-216 allows non -conforming structures to continue, be repaired, replaced, restored and maintained but not expanded. In this case, we have a home and detached structure that are currently located on the top of slope and that are separated by approximately 4 feet. The commission should consider if it is reasonable to connect these structures into one structure and what impact this would have. If these structures could continue in their locations, there is little practical difference in allowing them to be connected. Therefore, staff believes the applicant has met this criterion. 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 purpose of the steep slope regulations, as full described in Chapter 31-5.1, is to protect the health, safety and community welfare and to otherwise preserve the natural environmental resources of the city in areas having significant and critical environmental characteristics. Currently storm water runoff generally runs toward the ravine and simply runs down the side to the bottom of the ravine. If this is allowed to continue this will eventually impact the integrity of the ravine. With this project, the property owner needs to either direct the water to the bottom of the ravine via a pipe to prevent continued erosion of the ravine. As an alternative, water could be directed to third street where it would enter into the City's existing storm water system. The applicant needs to develop a plan and have it approved by the City Engineer prior to the issuance of a building permit. 1001 4th St N Page 4 FINDINGS 1. The current lot size is a hardship that is peculiar to the property and is not created by acts of the owner. 2. The variances necessary for the preservation and enjoyment of substantial property rights possessed by other properties in the same district and in the same vicinity; and that a variance, if granted, would not constitute a special privilege of the recipient not enjoyed by his neighbors. 3. The proposal as presented could be substantially detrimental to the adjoining property owners. With the proposed mitigation items, staff finds that the addition will not be a substantial detriment to adjacent property, will not materially impair the purpose and intent of this title, and would not necessary adversely affect the Comprehensive Plan. ALTERNATIVES The Planning Commission has several alternatives. 1. Approve the request for variance to the steep slope setback requirement and minimum lot area. With an approval staff would suggest the following conditions for approval: a. All minor revisions to the approved plan shall be reviewed and approved by the Community Development Director. All major revisions shall be revised and approve by the Planning Commission. Determination of the distinction between "major" and "minor" shall rest with the City Administrator. b. Prior to the issuance of a building permit, plans on how storm water runoff will be controlled shall be reviewed and approved by the City Engineer. 2. Deny the requested variance. 3. Continue the public hearing until the June 14, 2010 Planning Commission meeting. The 60 day decision deadline for the request is June 14, 2010. RECOMMENDATION Review and take an action Michel Pogge From: Torry Kraftson Sent: Friday, May 07, 2010 4:15 PM To: Michel Pogge Subject: 722 North 3rd building Mike, In order to prevent future slope erosion, roof leaders from the proposed building should be piped down the ravine slope and discharged at the base of the slope. Sincerely, Torry Kraftson Assistant City Engineer City of Stillwater 216 North 4th Street Stillwater, MN 55082 Phone: 651-430-8831 Fax: 651-430-8810 Email: tkraftson@ci.stillwater.mn.us i PLANNING ADMINISTRATION APPLICATION FORM COMMUNITY DEVE LOP M ENT DE PARTM ENT 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 Lot Line Adjustment *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 ail forms and supporting material submitted in connection with any application. All supporting material (i e., photos, sketches, etc.) submitted with application becomes the property of the City of Stillwater. Sixteen (16) copies of supporting material are required. If application is submitted to the City Council, twelve (12) copies of supporting material are required. A site plan showing drainage and setbacks is required 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 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---6 lid I ,'-1'' ) Assessor's Parcel No. Zoning District Description of Project d~� (GEO Code) "I hereby state the foregoing statements and all data, information and evidence submitted herewith in all respects, to the best of my knowledge and belief, to be true and correct 1 further certify I will comply with the permit if it is granted and used." Property Owner •b Representative _ 3)\`C►ky Mailing Address �ZT� � �S � . b. ) - Mailing Address 11. City - State - Zip t �H J._502)L City - State - Zip Telephone No. Signature 64 Telephone No. 6 P gnature is qu d) Signature (Signs ure is required) PLANNING ADMINISTRATION APPLICATION FORM Case No: Date Filed: Fee Paid: Receipt No.: \CT IV) id SITE AND PROJECT DESCRIPTION Lot Size (dimensions) x Total Building floor area 0 square feet Land Area Existing ( square feet Height of Buildings: Stories Fee Principal 1 Accessory H:\mciamara\sheila\PLANAPP.FRM April 9, 2008 Proposed "/_ (`�C_( square feet square feet 0\ No. of off-street parking spaces Paved Impervious Area Mark S. Balay, RA 5 t i I I =w a ter Minnesota 110 East Myrtle Street, Suite 100 Stillwater, Minnesota 55082 (651) 430-3312 4/15/10 City of Stillwater Attn: Michel Pogge 216 N. Fourth St. Stillwater, MN 55082 Dear Mr. Pogge: Michael E. Balay, RA n d i an a p a i i s i n d i a n a 8878 South Street Fishers, Indiana 46038 (317) 845-9402 Attached are application materials for additions to the house property at 722 Third St. North. We wish to renovate and expand the existing dwelling. This property sets on the east edge of the ravine between north Fourth and Third Streets. with the existing edge of the improvements set just at the bank edge, thus the areas of proposed renovation are all in the bluff setback. The lot coverage for both building coverage and impervious surfaces are exceeded with the existing structures. The non- compliance of these structures may be considered as grandfathered, because they already exist. There is an existing accessory structure which has been serving as an office for many years. The bank edge condition to the west of all these structures is dilapidated and foundations and retaining structures are substandard in condition. My Clients have retained me to design a correction of these existing deficiencies along with a new single story addition to their home to replace the existing office. The attached illustrations show the concept design and positioning of new improvements which would minimizes the spatial envelope changes, and provides a way to unify the bank edge foundations of the existing house along with this new addition. This results in a permanent and much improved bank edge engineered solution along the ravine. Of course, because of this historic structure's current non -compliances with the zoning ordinance parameters, any change requires a variance. A hardship to grant these additions and alterations exists due to the historical development of land and the topography of the ravine which is a given, in this situation. We submit for your review and approval of a variance which will allow my clients to construct the proposed improvements. If you have any questions or need additional information please do not hesitate calling. Mark S. Balay Architects, Inc. Enc. I n d i a n a p o l i s I n d i a n a B A L A Y S t i l l w a t e r M i n n e s o t a ARCHITECTS iX N c— N > Zm G� _m jrn --IN 0 zm oz ;�rn gym 3H1 a0J NOLLVAON323 /CuoDjbg oasodoJd NV1d aooid 1S8ld asnoH 6ui_si xI od oasodo.Ad 5,- .0195 OESCALIM i 8 IAAROVECIS t A?Y A RENOVATION FOR THE JAEGER RESIDENCE 722 THIRD ST. NORTH SNILLWAIER NNNESOTA I rJ { Fri X__ 13 CO 0 0 0 0 0 (0 Q Z (0 AJ 0 0 V) R) Mei% Der PM. en DATE 9IA l AjY Nutt S. Beay.>A A RENOVATION FOR THE JAEGER RESIDENCE 722 THIRD ST. NORTH STILLWATER MINNESOTA NOIIHA313 1S3M 1d3ON00 •• • • ro • • • • • . r d' V \ o ro O Fri Ui O L1 ^ s ` ` ` " ` " " ` ` ` " A RENOVATION FOR THE ;ems ' ^ uVrc unc ,n rc d �'� IA 1 ( B-A .- . JAEGER RESIDENCE --!T W .. T' o:. ma tm � "nema n e 722 THIRD ST. NORTH STILLWATER MINNESOTA = ""' I n< r a e e p Planning Commission DATE: May 7, 2010 APPLICANT: Darron May CASE NO.: 10-15 REQUEST: The applicant is requesting a variance to the maximum building coverage (25% maximum/27.8% requested) in order to construct a detached garage. LOCATION: 405 Holcombe St S COMPREHENSIVE PLAN DISTRICT: SFSL - Single Family Small Lot ZONING: RB - Two-family District PC DATE: May 10, 2010 PREPARED BY: Michel Pogge, City Planner BACKGROUND The applicants are requesting a variance in order to construct an detached 24 x 24 garage and associated driveway. This property is zoned RB and currently has an existing single-family home on the site. The lot is 7,702 square feet in size. The property currently has no garage DISCUSSION Mr.May's property is in the RB zoning district. The critical standards from the district are presented in the table below, together with the current and proposed minimums. RB Zoning District Required/Allowed Current Proposed Lot size 7,500 s.f. 7,702 s.f. Same Rear setback, garage 3' n/a 3' Side setback, garage 3' n/a 3' Building cover, max 25% 20.3% 27.8% Other impervious, max 25% 11.1% 22.9% Total impervious n/a 31.4% 50.7% 405 Holcombe St S Page 2 As seen in the table, the building coverage does not satisfy the RB zoning standards. The variance is to the maximum impervious lot coverage. The RB zoning code allows up to 25% coverage for buildings and 25 % for other impervious coverage, which are required to be calculated separately. Past precedents set by the Commission when one type of impervious coverage is exceeded and a variance is required, the difference between 25% and the proposed coverage is required to be mitigated. Even though an applicant is under on one type of impervious coverage they are not permitted to credit that difference toward the other type of impervious surface. In this case, if the Commission chooses to grant the variance then the area that exceeded the 25 % other impervious surfaces is required to be mitigated. The required mitigation is 214 sq or 2.8 % of the lot. The commission has recognized that given our winters, a garage is more than a mere convenience. It approached the level of a necessity. Therefore, a garage is a reasonable request for Mr. May to make. 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 property is a 7,702 square foot lot. The current home, and the size of it, was built in 1963, prior to the current owner who purchased the property in 2009. This is a situation that was not created by an act of the current property owner. 2. A variance is necessary for the preservation and enjoyment of substantial property rights; and, if granted, would not constitute a special privilege not enjoyed by neighbors. This property is zoned as two-family residential which allows single family and two- family uses. The commission has recognized that given our winters, a garage is more than a mere convenience. It approached the level of a necessity. Therefore, a garage is a reasonable request for Mr. May to make. 405 Holcombe St S Page 3 3. The authorizing of the variance will not be of substantial detriment to adjacent property and will not materially impair the purpose and intent of this section or the public interest nor adversely affect the comprehensive plan. This property slopes from a high point in the northwest corner of the lot to a low point in the southeast corner. The difference in elevation is approximately 7 feet. Just past the southern and eastern property lines, the topography of the land falls off. This has the potential to cause drainage issues with the adjoining property owners. Assistant City Engineer Torry Kraftson visited the site and made recommendations to alleviate concerns with the runoff from the site, see attached memo. Additionally, staff has heard from the property owners to the east and south who have raised similar concerns. Attached is an e-mail from the property owner to the east of this site. Impervious cover such as houses, driveways, and roads prevents water from entering the ground leading to increased runoff effecting adjoining property owners, flooding downstream and an increase in contamination and sediment in downstream water bodies. Increases in impervious surfaces are the main causes of water quality degradation. This degradation can be seen in many of the City's water bodies including the St. Croix River. These are just a few of the reasons the City has implemented maximum impervious coverage standards. If the area that exceeds the maximum impervious coverage is mitigated than the additional coverage should not be a detriment to adjacent property owner nor the larger community. The proposal as presented could be substantially detrimental to the adjoining property owners. To mitigate the garage's impact to adjacent properties, staff recommends a number of steps be taken. • A drywell should be installed north of the garage to provide storage for water runoff. The size needs to be sufficient to capture the rainwater from the roof of the garage and the entire driveway. Final designs should be approved by the City Engineer prior to issuance of a building permit. • All rainspouts from the garage should be connected to the drywell. • A storm drain trench & driveway channel should be installed along the east side of the driveway to capture runoff and directed to the drywell. • Continuous curbing should be installed along the southside of the driveway to prevent run off from affecting the adjoining neighbor. A catch should then be installed near the garage to direct the water to the drywell. • In order to build the garage in this location, the southeast corner of the lot will need to be built up. The garage should be reduced from its proposed 24 by 24 size to a minimum of a 22 by 22 and the setback from the side and rear property line should be increased to 5 feet along the rear and side property lines to minimize the impact of the new fill. 405 Holcombe St S Page 4 FINDINGS 1. The current lot size is a hardship that is peculiar to the property and is not created by acts of the owner. 2. The variances to the impervious surface requirement is necessary for the preservation and enjoyment of substantial property rights possessed by other properties in the same district and in the same vicinity; and that a variance, if granted, would not constitute a special privilege of the recipient not enjoyed by his neighbors. 3. The proposal as presented could be substantially detrimental to the adjoining property owners. With the proposed mitigation items, staff finds that the garage will not be a substantial detriment to adjacent property, will not materially impair the purpose and intent of this title, and would not necessary adversely affect the Comprehensive Plan. ALTERNATIVES The Planning Commission has the following options: 1. Approve the request for a 22 x 22 garage. Approve the variance to increase the maximum building coverage to 25.5%. With an approval staff would suggest the following conditions for approval: a. All minor revisions to the approved plan shall be reviewed and approved by the Community Development Director. All major revisions shall be revised and approve by the Planning Commission. Determination of the distinction between "major" and "minor" shall rest with the City Administrator. b. A drywell shall be installed north of the garage to provide storage for water runoff. The size of the drywell shall be sufficient to capture all of the rainwater from the roof of the garage and the entire driveway. Final designs shall be approved by the City Engineer prior to issuance of a building permit. c. All rainspouts from the garage shall be connected to the drywell. Final designs should be approved by the City Engineer prior to issuance of a building permit. d. A storm drain trench & driveway channel shall be installed along the east side of the driveway to capture runoff and directed to the drywell. Final designs shall be approved by the City Engineer prior to issuance of a building permit. e. Continuous curbing shall be installed along the southside of the driveway to prevent run off from affecting the adjoining neighbor. A catch shall be installed near the garage to direct the water to the drywell. Final designs shall be approved by the City Engineer prior to issuance of a building permit. f. In order to build the garage in this location, the southeast corner of the lot will need to be built up. The garage should be reduced from its proposed 24 by 24 size to a 22 by 22 and the setback from the side and rear property line shall be increased to 5 feet along the rear and side property lines to minimize the impact of the new fill. Final designs shall be approved by the City Engineer prior to issuance of a building permit. } 405 Holcombe St S Page 5 2. Deny the requested variance. 3. Continue the public hearing until the June 14, 2010 Planning Commission meeting. The 60 day decision deadline for the request is June 14, 2010. RECOMMENDATION Staff recommends approval of the request as conditioned. Attachments: Applicant's Form, Site Plan, and letter. E-mail from Assistant City Engineer Torry Kraftson E-mail from Dean and Barbara Hansen, property owners of 602 6th St S Michel Pogge From: Darron@kuryakyn.com Sent: Thursday, May 06, 2010 2:04 PM To: Michel Pogge Cc: Darronmay@hotmail.com Subject: 405 Holcombe St. Garage Attachments: image001.jpg Dear Mike, I hope you are doing well. Sorry I was so short on the phone with you this morning. I had a few co-workers standing by and waiting for me to get off the phone. I am glad you and the engineer were able to go see our property and gain better understanding of this project. There are numerous reasons we have decided to build this garage on the South East corner of our lot. We believe it is logical to have the garage on the side of the house with a door and lowering the door to the new grade is fairly simple. The driveway is already there and in good condition. The new garage will back up to the home behind us leaving a more open view for us and our neighbor. The garage floor will be built up to grade at the highest corner. Not excavated down. The driveway grade will begin 15ft in front of the house replacing the top most section of the current driveway and allowing for a minimal slope. The garage apron will taper away from the garage door to help control water and direct it around the structure. Building in the North East corner was my first instinct but we ran into cost issues and difficulty squeezing the driveway between our house and the neighbor's trees. These items along with those listed above left us believing SE corner was the best placement. A 20x20 garage with additional set back from the back property line will not work because I believe it is not worth building a garage that small in the middle of our back yard. 24x24 with 3ft setbacks provides the best compromise between size, utility, and aesthetic balance on our lot. Thank you for considering these items while making your recommendations, and I look forward to resolving everyone's concerns. Very best regards, Darron May — Industrial Designer P: 715-247-5008 x137 - F: 715-247-5719 darron(«).kury kyii.corn - www.kuryakyn.corn PRIVACY/CONFIDENTIALITY NOTICE: This e-mail communication may contain private, confidential, or legally privileged information intended for the sole use of the designated and/or duly authorized recipient(s). If you are not the intended recipient or have received this communication in error, please notify the sender immediately by email to Barron cr,kuryakyp.com or by telephone at 1-715-247-5008 x137, and delete all copies of this e-mail, including all attachments, without reading them or saving them to your computer or any attached storage device. If you are the intended recipient, you will need to secure the contents conforming to all applicable state and/or federal requirements related to the privacy and confidentiality of such information, including the HIPAA Privacy guidelines. 1 Michel Pogge From: Dean Hansen [hanse112©tc.umn.edu] Sent: Thursday, May 06, 2010 3:09 PM To: Michel Pogge Subject: Request for variance, 405 Holcombe St S Dear Mr. Pogge, Thank you for answering some questions about the request by Mr. Darron May for a variance to build a garage on his property. My wife and I own the home immediately (at 402 South 6th Street) to the east of the Mays' home. The two lots we are on are several feet lower than the Mays' lot, and our two lots would be receiving a good share of any runoff from the Mays' lot from a major rain storm. Presently the east -facing roof of the May home has gutters and downspouts draining rainwater to the east. Water from the proposed extended driveway would also flow east. Given the slope of the Mays' backyard, it seems that our two lots would be receiving runoff from half the house, much of the driveway, and probably half of the garage. We are concerned about possible effects from this amount of runoff. Thank you for your attention. Best wishes, Dean and Barbara Hansen Michel Pogge From: Torry Kraftson Sent: Friday, May 07, 2010 10:19 AM To: Michel Pogge Subject: site review at 405 Sout Holcombe Street Mike, I have a few comments about the proposed rear yard garage based on our site review yesterday. With the steep slope towards the east, the grading of the driveway and garage would be difficult. The driveway slope would be steep and runoff would be directed towards the front of the garage. The garage floor will be several feet above the existing yard along the rear property line. The design of the garage and driveway will need to address these concerns. The garage as staked in the rear yard was very crowded. It would be difficult, if not impossible, to maneuver a second car into the garage based on the location of the house and the staked garage. The applicant should submit a plan showing how vehicles will access the proposed garage. The proposed driveway and garage could cause increased drainage to the properties to the south and to the east. The impervious surface limit for structures is exceeded and would need to be mitigated if the variance is granted. The driveway and garage runoff would need to be directed away from adjacent properties and into a storm water treatment system. The system would need to accommodate at least 0.5 inches of runoff from the proposed driveway and roof surfaces. The storm water treatment could consist of a variety of practices, but a dry well is recommended in this case due to site constraints. A drainage design and calculations would need to be submitted and reviewed prior to approval. The applicant can contact me if they have questions about these drainage requirements. Sincerely, Torry Kraftson Assistant City Engineer City of Stillwater 216 North 4th Street Stillwater, MN 55082 Phone: 651-430-8831 Fax: 651-430-8810 Email: tkraftson@ci.stillwater.rnn.us i Case 10-15 405 Holcombe St S - May N A 0 15 30 60 90 120 1 inch = 60 feet City of Stillwater, MN I Feet Community Development Department 216 North Fourth Street Stillwater, MN 55082 651-430-8820 — 651-430-8810 fax Community Development Department City of Stillwater 216 north Fourth Street Stillwater, MN 55082 Wednesday, April 14, 2010 I, Darron May would like to request a permeable surface variance from the City of Stillwater to build a garage. My lot measures 7702 sq. ft. and the house foundation measures 1567 sq. ft. leaving 385 sq. ft. for additional structures to stay within the 25% building coverage in the permeable surface ordinance. I would like to build a 576 sq. ft. 24x24 garage and I am applying for a variance to allow the 191 sq. ft. difference. Please review my request and contact me if you need any additional information. Very Best Regards, Darron May 405 S. Holcombe St. Stillwater, MN 55082 612-600-4279 • 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. Sixteen (16) copips 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 10S S,(-1-6r rAssessor's Parcel No. Zoning District s Description of Project \Jio z ANCA—, (GEO Code) 1=0 iz- A izAC E. "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 D4 .v_,I, /V( A--t Mailing Address 1-40S-S.(-1OLC.pn,t.G, -'i. City - State - Zip 4:YTt L.LUQ,ATaz... >\1►r� L Telephone No. 6/ Z - 600 -'-112'711 J Signature�..M. �.. _"" ,wm. ,r3yZ, a ✓✓°� Signature (Signature is required) (Signature is required) SITE AND PROJECT DESCRIPTION Lot Size (dimensions) x - Land Area 7 7o . , FT, Height of Buildings: Stories Feet Principal Accessory Representative Mailing Address City - State - Zip Telephone No. Total Building floor area 2.( `a Z, square feet Existing t TO square feet Proposed 57 ( square feet Paved Impervious Area t?CL square feet No. of off-street parking spaces 2 H:\mrnamara\shaila\PI ANAPP.FRM June 9, 2006 Check list for Planning Applications Incomplete or unclear applications/plans will be returned to the applicant and may result in delay of application processing. Check and attach to application. [1 The application form completed and signed by the property owner or owners authorized representative. 14 Building plans clearly dimensioned and scaled (16 copies). ►_ The site plan showing exterior property lines, easements, lot width and depth and lot area building(s) location. (See attached site plan example, a parcel boundary survey may be required). All adjacent streets or right of ways labeled. ❑ Location, elevation, size, height of building or addition, dimensions, materials and proposed use of all buildings and structures(including walls, fences, signs, lighting and hooding devices) existing and proposed for the site (if the site is in a Historic District, additional design detail maybe required). O Distances between all structures and between all property lines or easements and structures. ❑ Show Adjacent buildings to this application site and dimension from property line. ❑ All major existing trees on the site (4 inch caliber or greater), giving type, location, size and other site coverage conditions. riJ Show existing significant natural features such as rock outcroppings or water courses (existing and proposed marked accordingly). IN Locate all off-street parking spaces, driveways, loading docks and maneuvering areaswith dimensionsfor driveway widths and parking space sizes. ❑ Pedestrian, vehicular and service points of ingress and egress; distances between driveways and street corners. ❑ Landscape plan showing number of plants, location, varieties and container sizes (landscape plan). ❑ Existing and proposed grading plan showing direction and grade of drainage through and off the site; indicate any proposed drainage channels or containment facilities. Q Required and existing street dedications and improvements such as sidewalks, curbing and pavement (may not be required). 0 Letter to the Planning Commission describing the proposed use in detail and indicating how this use will effect and compatibility with adjacent uses or areas. © Applications for new structures on slopes of 12 percent or greater must include an accurate topographic map. The map must contain contours of two -foot intervalsfor slopes of 12 percent or greater. Slopes over 24 percent shall be clearly marked. 2 Other such data as may be required to permit the planning commission to make the required findings for approval of the specific type of application. c - / L/ Z 0 / 0 Applicant/owner snatur Date ,i/bucs' Miller/Davis Company © - Minneapolis, MN - (612) 312-1570 DEED OF SALE (Top 3 inches reserved for recording data) Minnesota Uniform Conveyancing Blanks by Individual Personal Representative to Individuals) Form 10.5.3 (2006) (109-M) DEED TAX DUE: $ DATE• i iviy FOR VALUABLE CONSIDERATION, Teresa A Pelnar (insert name of each Personal Representative) (month%day/year) as Personal Representative of the Estate of Marian Wicker a/k/a Marian F Wicker Decedent, single married I 1 at the time of death (check applicable box) (If "married" is checked, then attach a Consent of Spouse [Form 70.1.1]) ("Grantor"), conveys to Darron May (insert name of each Grantee) ("Grantee"), real property in Washington County, Minnesota, legally described as follows: Lot Sixteen (16), and all that part of Lot Fifteen (15) that lies Northerly of a line drawn parallel to and fifteen (15) feet southerly of the northerly line of said Lot Fifteen (15), all in Block Two (2) of Thompson, Parker and Mower's Addition to Stillwater, as as surveyed and platted and now on file and of record in the office of the County Recorder of Washington County, Minnesota. Check here if all or part of the described real property is Registered (Torrens) together with all hereditaments and appurtenances belonging thereto. Check applicable box: The Seller certifies that the Seller does not know of any wells on the described real property. A well disclosure certificate accompanies this document. I am familiar with the property described in this instrument and I certify that the status and number of wells on the described real property have not changed since the last previously filed well disclosure certificate. Grantor 1a2e�k,.�rla. (signature of Personal Representative) By:- -(sigrnztttrevf Persorrai Represenfatirej — WARNING: UNAUTHORIZED COPYING OF THIS FORM PROHIBITED. Page 1 Page 2 Minnesota Unifoun Conveyancing Blanks Form 10.5.3 State of Minnesota , County of Washington This instrument was acknowledged before me on J /3o/off by (month/day/year) Teresa A. Pelnar (insert name of each Personal Representative) as Personal Representative of the Estate of Marian Wicker a/k/a Marian P. Wicker , Decedent. r-� (Seal, if any) PATRICIA A. COLEMAN Notary Public -Minnesota My Commission Expires Jan 31, 2010 THIS INSTRUMENT WAS DRAFTED BY: (insert name and address) Eckberg, Lammers, Briggs, Wolff & Vierling, P.L.L.P. (JDB) 1809 Northwestern Avenue Stillwater, MN 55082 (signature of notarial officer) Title (and Rank)' Notary Public My commission expires: (month/day/year) TAX STATEMENTS FOR THE REAL PROPERTY DESCRIBED IN THIS INSTRUMENT SHOULD BE SENT TO: (insert name and address of Grantee to whom tax statements should be sent) WARNING: UNAUTHORIZED COPYING OF THIS FORM PROHIBITED. 405 S. Holcombe St. Garage Proposal Square Ft. Lot 7702 25% =1926 House 1567 Garage + 576 2152 Side walk / Driveway 1762 [65-6.01 ] 786.0 [ 108'-8.0"] 1304.0 [3-0.01 36.0 [ 18'-0.0"] Patio 216.0 Garage 24x24 [5'-0.0"] h \ 60.0 Darron May 612-600-4279 [3-0.0"] 36.0 ,h �1 4 s h 4 1 t h [42'-4.4"] 508.4\ \ 1h �1 h [2'-6.0"] 30.0 'water THE BIRTHPLACE OF MINNESOTA Planning Report DATE: May 5, 2010 CASE NO.: 2010-16 APPLICANT: Raymond Queener, Assistant Supt. of Business & Administration ISD #834 LAND OWNER: UFE, Inc. REQUEST: 1) Rezoning from BP -I, Business Park Industrial to BP-C, Business Park Commercial 2) Comprehensive Plan Amendment changing the guided use from Industrial to Commercial LOCATION: Former UFE site on South Greeley Street HEARING DATE: May 10, 2010 COMPREHENSIVE PLAN: Industrial ZONING: BP -I, Business Park Industrial PREPARED BY: Bill Turnblad, Community Development Director V BACKGROUND The Stillwater Area Public School District has outgrown its Early Childhood Family Center (ECFC) at 14480 North 60t1, Street. Therefore the School District Board conducted a search for property that would accommodate the ECFC program growth. In April the School Board approved a purchase agreement with UFE, Inc. for the property across the street from the School District's administrative offices on South Greeley. Purchase of the property is contingent upon City approval of the School District's proposed uses. The UFE site consists of about 7.5 acres of land divided into five parcels, three of which are improved with buildings. The three buildings have frontage on South Greeley Street. The two vacant parcels have frontage on Industrial Boulevard. ECFC May 5, 2010 Page 2 of 4 The proposed usage of the five parcels is as follows: 1. The main UFE building (1850 South Greeley) would be remodeled into about 22,000 square feet of education space; 12,000 square feet of office space, common space and support space; and 7,000 square feet of rental space to be leased to several of the School's community partners. The partners include Courage Center and Northeast Metro 916 Intermediate School District. 2. The storage building to the north at 1792 South Greeley has 8,022 square feet of space. The School District would continue to be use it for a storage building. 3. The office building to the south (1862 South Greeley) is planned to be renovated as office space for the School District. 4 & 5. The vacant parcels at 1825 and 1845 Industrial Boulevard would be used primarily for additional access to the facilities by buses and parents, but would also serve as green space and outdoor activities for early childhood programs. The City's new Comprehensive Plan guides the UFE site and its surrounding neighborhood for industrial usage. The Zoning Map classifies almost the entire neighborhood as BP -I, Business Park Industrial. The only exception to the zoning is the two parcels immediately to the north, which are zoned BP-C, Business Park Commercial. However, it is acknowledged by the City that when the Metropolitan Council approves the City's new Comprehensive Plan, these two exception parcels will have to be rezoned to BP -I in order to be consistent with the Comprehensive Plan. The City's Zoning Ordinance considers schools and day care facilities to be the most compatible with their neighborhood setting when located within residential zoning districts. But it also recognizes that in commercial and office districts, day care may be compatible (though not other types of schools). This is likely an acknowledgment that even though traffic and other use factors may not be an ideal situation for young children, day care near employment centers is convenient and desirable. So, day care type uses are allowed by Special Use Permit (SUP) in residential, commercial and office zoning districts. However, the Zoning Ordinance does not consider schools or day care facilities to be compatible with industrial uses, so they are prohibited in industrial zoning districts. Consequently, the School District is requesting a rezoning from industrial to commercial to allow for the proposed day care type use. The commercial rezoning would continue to allow for indoor storage and offices. But, since commercial zoning is not consistent with the Comprehensive Plan's industrial guiding for the property, a ECFC May 5, 2010 Page 3 of 4 Comprehensive Plan amendment to reguide the site to commercial has also been requested. SPECIFIC REQUEST In order to allow the ECFC uses, and continue to allow the office and indoor storage uses, the School District has filed the following specific requests with the City: 1. Rezone the five parcels from BP -I, Business Park Industrial to BP-C, Business Park Commercial. 2. Amend the Comprehensive Plan's Future Land Use Map by reguiding the five parcels from Industrial to Commercial. If the City approves the specific requests, then the School District would submit an application for a Special Use Permit, and it would come back to the Planning Commission for a public hearing. EVALUATION OF REQUEST There are generally two criteria against which rezoning requests are measured. One is whether the rezoning is consistent with the Comprehensive Plan. The other is whether it is compatible with the neighborhood. Comprehensive Plan Consistency As has been stated, the property is guided for industrial land uses, which is inconsistent with the proposed rezoning to commercial. So, a request has been made to amend the future land use guiding from industrial to commercial. If the amendment is approved, the rezoning to industrial would then be consistent. In addition to the envisioned land use for this specific property, the Comprehensive Plan encourages a city-wide mix of land uses necessary for a well balanced community and well balanced tax base. On the one hand converting the planned use of the UFE site from industrial to commercial reduces the industrial acreage and with it the number of jobs. On the other hand, the change to a commercial designation would allow for the expansion of District 834's early childhood education programs. Neighborhood Compatibility This review standard requires the City to consider whether the uses that would be allowed on the property after a rezoning to BP-C would be compatible with the uses of the surrounding properties that are zoned BP -I. The list of potential uses that could be located in both of these zoning districts is attached. City staff is concerned that the list of potential uses in the BP -I district may not be compatible with day care and youth education programs. The Planning Commission ECFC May 5, 2010 Page 4 of 4 should take some time discussing this with School District representatives at the public hearing. ALTERNATIVES The Planning Commission has the following options: 1. Recommend that the City Council approve the requested rezoning and Comprehensive Plan Amendment with the following conditions: a. The Comprehensive Plan Amendment will not become effective until after the Metropolitan Council approves the City's new Comprehensive Plan and the City Council officially adopts it. b. Neither the rezoning nor the Comprehensive Plan Amendment will become effective unless the City approves a Special Use Permit for the ECFE facility. c. As required by Washington County, a traffic impact study will need to be submitted together with other site design materials when the Special Use Permit application is filed with the City. 2. Recommend that the City Council deny the requested rezoning and Comprehensive Plan Amendment. 3. Table the requests for additional information. Attachments: Zoning Map Comprehensive Plan Land Use Map Air Photo of Neighborhood Applicant's Letter Use chart for non-residential zoning districts Public Works Facility ROAD ▪ Railroad WATER P operty in Township 1120-1242 GROUP 1730 CUR subject Property 1775 1825 1845 1570-1240 " WEST - -FRONTAGE - ROAD - - HWAY 3 6 1645 1647 1902-1912 1902-1912 1611-1629 School District 834 ECFC Zoning District Map Zoning Districts A-P. Agricultural Preservation I RA - Single Family Residential 1749 RB - Two Family TR, Traditional Residential LR, Lakeshore Residential 1815 ....ij CR. Cottage Residential - CTR, Cove Traditional Residential - CCR, Cove Cottage Residential CTHR. Cove Townhouse Residential 1 875 mg TH, Townhouse RCM - Medium Density Residential RCH - High Density Residential L 1 VC, Village Commercial -SHE-LT-ON- - - - - _ CA- General Commercial 1903 1900 1901 INCBD - Central Business District 1910 k 1905 BP-C, Business Park - Commercial 1920 7s30 s 195 - BP-0, Business Park - Office 1940 93 BP -I, Business Park - Industrial 19 Ng6o0 7 9Ap - IB - Heavy Industrial ��'� Q' cri s• 6' - CRD - Campus Research Development - PA - Public Administration 14100 14130 0 CO u) 0 7091. E3- 4'fl N-I 1 O r-- CO iS-S[dK-22ie s3 r c0 / / _ / .,. I I 1 .— 1 I n] 1 I I 1 GU_ r) r LC) r 0 0) O O Sr7CEN3- 0 v CO LI) e0 0 0) rn 0 1'31 735 801 805 Nd3J ;faNI to O) -3-E1L>3A\IL - - 1433,4.:i7-4411L ON _ -_ _ _. - - -3nP aAv - --NA3ALS3M14,1X9 I I I I Cal i 1 School District 834 ECFC Case 2010-16 1951 1570-1240 STILLWATER AREA PUBLIC SCHOOLS INDEPENDENT SCHOOL DISTRICT 834 April 15, 2010 Mr. Bill Turnblad Community Development Director City of Stillwater 216 North Fourth Street Stillwater, MN 55082 Dear Mr. Turnblad: 1875 South Greeley Street Stillwater, Minnesota 55082 Tel: 651-35i-834o fax: 651-35i-838o tdd: 651-351-8338 www.stillwater.k12.mn.us Stillwater Area Public School District is requesting an amendment to the Comprehensive Plan and Rezoning of the former UFE site from Business Park Industrial to Business Park Commercial. The specific parcels include 1850 South Greeley Street which is the former main UFE building; 1792 South Greeley Street which is the building to the north used primarily for storage; 1862 South Greeley Street immediately south of the main building; and two vacant lots located at 1825 and 1845 Industrial Blvd. Stillwater Area Public Schools is submitting this request to support our plans to renovate the former UFE property to accommodate expansion of the Early Childhood Family Center (ECFC). The district's current ECFC is located at 14480 North 60th Street in Stillwater. This location has been leased for 16 years and the growth of our programs necessitates a new larger facility. The facility at 1850 South Greeley Street is approximately 48,000 square feet and will be remodeled to contain approximately 22,000 square feet of educational space; 12,000 square feet of office, common and support space; and 7,000 square feet of rentable space to be leased to our community partners. These partners include Courage Center St. Croix and Northeast Metro 916 Intermediate School District. These collaborative partnerships will help to better serve the needs of families and children in the community, especially those children with special needs. The adjacent facility at 1792 South Greeley Street is a storage facility containing 8,022 square feet. The storage facility will be utilized for all district storage needs including those of the early childhood program. The 1862 South Greeley Street facility will be renovated for additional office space, however future use will be determined at a later time. The additional 1.6 acres located at 1825 and 1845 Industrial Blvd will be used primarily for an additional access to the facilities for bus and parent traffic, as well as green space for outdoor activities for the early childhood programs. If you have questions regarding this rezoning request, please contact me at 651-351-8321 or queenerrna,stillwater.k 12. mn. us. Thank you for your prompt attention to this request. Sincerely, r +? Raymoiid'C. Queener Assistant Superintendent of Business and Administrative Services Afton -Lakeland Elementary, Andersen Elementary, Early Childhood Family Center, Lake Elmo Elementary, Lily Lake Elementary, Marine Elementary, Oak Park Elementary, Oak -Land Junior High, Rutherford Elementary, St. Croix Valley Area Learning Center, Stonebridge Elementary, StillwaterArea High School, StillwaterJuniorHigh, Valley Crossing Community School, Withrow Elementary Ess, . 1875 South Greeley Street Stillwater, Minnesota 55082 STILLWATER AREA PUBLIC SCHOOLS Tek651-351-8340 fax: 651-351-8380 INDEPENDENT SCHOOL DISTRICT 834 tdd:651-351-8338 www.stillwater.k12.mn.us Parcel 1: The North One Hundred Twenty -Two (122) feet of the South Three Hundred Twenty -Two (322) feet of the Northwest Quarter of the Southwest Quarter of Section Thirty-three (33), Township Thirty (30) North, Range Twenty (20) West, lying West of the centerline of County Highway No. 66. Property Address (for reference purposes only): 1792 Greeley Street South Stillwater, MN 55082 Property Identification No. 33.030.20.32.0014 Torrens Property - Certificate of Title No. 65165 Parcel 2: The South Two Hundred (200) feet of the Northwest Quarter of the Southwest Quarter (NW1/4 of SW1/4) of Section Thirty-three (33), Township Thirty (30) North, Range Twenty (20) West, Washington County, Minnesota, lying West of the centerline of County Highway No. 66. Property Address (for reference purposes only): 1850 Greeley Street South Stillwater, MN 55082 Parcel Identification No. 33.030.20.32.0013 Abstract Property Parcel 3: Lot Three (3), Block Four (4), Feeley's Adition, Washington County, Minnesota Property Address (for reference purposes only) 1825 Industrial Boulevard Stillwater, MN 55082 Property Identification No. 32.030.20.41.0022 Abstract Property Parcel 4: Lot Four (4), Block Four (4), Feeley's Addition, Washington County, Minnesota. Property Address (for reference purposes only): 1845 Industrial Boulevard Stillwater, MN 55082 Parcel Identification No. 32.030.20.41.0023 Abstract Property Parcel 5: All that part of the Southwest 1/4 of the Southwest 1/4 of Section 33 in Township 30 North of Range 20 West, described as follows, to -wit: Beginning at the Northwest comer of the Southwest 1/4 of the Southwest 1/4 of said Section 33 thence East along the North line of said Southwest 1/4 of the Southwest 1/4 for 486.3 feet to the centerline of County Road No. 66; thence South 3 degrees 50 minutes East along said centerline of County Road No. 66 for 200.5 feet; thence West and parallel with said North line of Southwest 1/4 of Southwest 1/4 for 501.6 feet to the West line of said Section 33; thence North along said West line of Section 33 for 200 feet to the point of beginning. Property Address (for reference purposes only): 1862 Greeley Street South Stillwater, MN 55082 Parcel Identification No. 33.030.20.33.0014 Abstract Property. Afton -Lakeland Elementary, Andersen Elementary, Early Childhood Family Center, Lake Elmo Elementary, Lily Lake Elementary, Marine Elementary, Oak Park Elementary, Oak -Land Junior High, Rutherford Elementary, St. Croix Valley Area Learning Center, Stonebridge Elementary, StillwaterArea High School, StillwaterJuniorHigh, Valley Crossing Community School, Withrow Elementary ZONING ORDINANCE be seen from adjacent properties. The intensity of outdoor lighting must be the minimum for the intended purpose. § 31-325 'All standards are minimum requirements unless other- wise noted. 'Measured from the right-of-way line. Sec. 31-325. Allowable uses in non-residential districts. :. x O A r , ... a Fri x ,� .S" _ PY ''` �. Y ssvi a ' `� ` ka, r* �:.s p ri:. GA UBD ;_ VC B'l?=C" BP-O, BP I CRD PA PWFD: ymaterials w General retail business uses or service; local market' P SUP P SUP General retail business uses or service; local and regional mar- ket P P P SUP Specialty retail, incl. antique shops P P Department store P P P Drug store P Interior decorating sales; sale of floor covering, paint, wallpaper, and objects of interior decorating P P Appliances and furniture, sale of P P Household goods, sale of (includ- ing china) P P Books, magazines, newspapers, stationary; sale of P Gifts, flowers, photographic sup- plies; sale of P Tobacco products; sale of P Hardware, sale of P P Sporting goods; sale of P Music store P P Retail: Food Supermarket, retail food P SUP P Baked goods, manufacture/retail sale of (< 5 persons employed) P P Baked goods, manufacture/retail sale of (> 5 persons employed) SUP' P ' mof Wuse Restaurants3 P SUP P SUP Fast food outlet P Tea rooms, deli, coffee shops, soda fountains, not including the sale alcoholic beverages SUP Outside eating establishments SUP Drive-in or drive -through: restau- rant, eating places or any other involving a drive-in or drive- through activity SUP SUP a) rit Barber or beauty shops P P P Shoe repair shop P Printing shop P Photo processing SUP Tailoring or pressing P Laundry; agencies, self-service, full service, dry cleaning. P P P Laundry employing > 5 persons SUP4 Carpet, bag and rug cleaning SUP' Supp. No. 33 CD31:67 ZONING ORDINANCE § 31-325 t to CA . CBD VC BP-C BP-0 - BPI CRD PA PWFD Institutional Schools, business and technical P P Schools and studios for arts and crafts, photography, music, dance P P Educational institutions, schools SUP P Libraries, art galleries, theaters for the performing arts, and other such cultural facilities SUP SUP SUP SUP Libraries or post office P Churches, other places of wor- ship P Day care/nurseries SUP SUP" SUP'1 Group day care P Governmental facilities SUP SUP Fire station SUP Hospitals, convalescent hospi- tals and nursing homes SUP Hotel or motel P SUP'2 SUP Manufacturing Manufacturing, limited13 P Manufacture of baked goods P Manufacturing, processing, fab- rication or assembling of limited commodity" SUP Retail sales of products manufac- tured on the site's SUP Wholesale/storage Wholesale trade P SUP SUP Warehousing and outside stor- age SUP Warehousing and inside storage SUP Mini -storage SUP Industrial light industrial that is clean and compatible with surrounding properties SUP Bottling works SUP" Printing & publishing or litho- graphic shop SUP SUP SUP Laboratories SUP •` ° Chemical laboratories SUP n Research establishment of indus- trial, medical or scientific nature SUP a Research facilities or research Laboratories P P Supp. No. 33 CD31:69 § 31-325 Transportation/public works/etc. Transportation station or termi- nal STILLWATER CODE SUP PWFD Helipads SUP Public works facility including office and meeting space PUD Essential services Public utility transmission lines and facilities SUP P Telephone exchange Parking facilities SUP Private parking facilities five cars Funeral home or mortuary Club or lodge Residences of all classes Temporary structures SUP sup'c SUP P SUP SUP19 SUP SUP' SUP P = Permitted use SUP = Use permitted with a Special Use Permit CUP = Use permitted with a Conditional Use Permit PUD = Use permitted with a Planned Unit Development Permit A = Accessory use Blank cell in table means that the use is NOT allowed. 'Such as grocery, fruit and vegetable store, bakery, general store, barber and beauty shop, clothes cleaning and laundry pickup station, business and professional office and the like, supplying commodities or performing services. 'SUP may only be issued by the city council. 3Including restaurants, lunchrooms, cafeterias, and other such eating places; and places for the sale and consumption of soft, drinks, juices, ice cream and beverages of all kinds; BUT, excluding drive-in establishments. 4SUP may only be issued by the city council. 'For a wholesale, jobbing or distributing establishment in connection with which not more than 25 percent of the floor area of the building or part thereof occupied by such establishment is used for making, assembling, remodeling, repair, altering, finishing or refinishing its products or merchandise, and provided that: 1. Any resulting cinders, dust, fumes, noise, odors, refuse matter, smoke, vapor or vibration is effectively confined to the premises; and 2. The ground floor premises facing upon and visible from a major street upon which the premises abut shall be used only for entrances, office or display. 'Automotive painting, upholstering, tire recapping and major repair, when conducted completely in an enclosed building. 'Such as armories, assembly halls, bowling alleys, dancehalls, pool and billiard parlors, skating rinks and other social, sport or recreational centers operated as a business, provided the place or building in which it is operated is sufficiently sound insulated to effectively confine the noise to the premises. 'These uses may be approved directly by the city council if the event is a one time special event not occurring on a regular basis. 'A11 outside storage shall be screened by a solid wall or fence and landscaping for public view. 'Must be screened. "Including pre-schools. "Hotel or motel or other uses providing visitors with overnight accommodations. "Limited manufacturing means conducting a process fabrication, storage or manufacturing of light materials, including electronic components and accessories. 14Except junk or storage. Supp. No. 30 CD31:70 Planning Commission DATE: REQUEST: May 6, 2010 CASE NO.: 10-17 Special Use Permit to locate additional wireless antennas on an existing communication monopole tower. APPLICANT: Verna Garrison, T-Mobile LOCATION: Northwest corner of the site at 1754 Washington Ave COMPREHENSIVE PLAN DISTRICT: BPI - Business Park Industrial ZONING: BP -I - Business Park Industrial MEETING DATE: May 10, 2010 REVIEWED BY: Community Development Director PREPARED BY: Michel Pogge, City Planner/ BACKGROUND Verna Garrison for T-Mobile has made application for a special use permit to add additional antennas to one they currently have on an existing communication monopole tower. The existing tower is 98 feet tall and is located on the Brines Market site. Additionally, they will be running an aluminum coax cable cover along the outside of the tower to serve the new antennas. SPECIFIC REQUESTS A tower and modifications to towers in the Stillwater West business park district requires a Special Use Permit.1 Therefore, Ms. Garrison has requested the City to approve a Special Use Permit to add additional antennas and an aluminum coax cable cover to support the new antennas. City Code Ch. 31-512 Subd 4. r T-Mobile Wireless SUP May 6, 2010 Page 2 EVALUATION OF REQUEST The Planning Commission may grant a Special Use Permit when the following conditions are me t2: 1. A tower and antenna may be no more than 75 feet in height, 100 feet if collocated; The existing tower is 98 feet tall and therefore meets the height requirement for collocated users. 2. A tower may not be located within 300 feet of any property line of residentially zoned property. The nearest residentially zoned property is over 700 feet away to the north which satisfies this requirement. 3. A tower may be located no closer to a street property line than a distance equal to the height of the tower plus ten feet. The tower is approximately 190 feet from the street right-of-way with Washington Ave which satisfies this requirement. 4. Minimum lot size is 0.5 acres for a primary tower use. The site were the tower is located is 2.8 acres which satisfies this requirement. 5. Towers may be located no closer than one-half mile to the closest tower for other collocation PWCS transmitting facility. The nearest existing tower is near Lily Lake Elementary School along side the City's water tower. This site is just over one-half mile to this site which satisfies this requirement. 6. If a tower is erected on a site with an existing primary structure, the site must have a space of 1,200 square feet set aside exclusively for tower use. The tower may not be located in the front or corner side yard setback area of the primary structure but to the rear of the site. The tower site is located on a irregular shape area that is approximately 41' x 44' with a total area of 2,002 square feet. The tower is located in the northwest corner of the site in the rear of the site. This requirement has been satisfied. 2 City Code Ch. 31-512 Sub 4. B. I' -Mobile Wireless SUP May 6, 2010 Page 3 ALTERNATIVES The Planning Commission has the following options: 1. Recommend that City Council approve the requested Special 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 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 entire tower shall be painted a uniform grayish -blue tone in order to blend with the skyline. The tower shall be periodically painted in order to maintain the correct color. The determination on when the tower shall be repainted will be made by the City of Stillwater Community Development Director. T-Mobile, or the current owner, shall repaint the tower within 90 days after receiving notice by the City. d. When technically feasible, the tower owner shall permit the collocation of other antennas as a condition of approval. 2. Recommend that City Council deny the Special Use Permit. 3. Continue the public hearing until June 14, 2010 in order for the applicant to submit additional information. The 60-day decision deadline for the request is June 13, 2010; however, staff could extend the review deadline for an additional 60 days as allowed by state statutes. RECOMMENDATION City staff believes that the proposed collocation satisfies the necessary conditions for a SUP and therefore recommends approval with the three conditions detailed above. attachments: Applicant's Letter and site plan EXHIBIT A Legal Description The Property is legally described as follows: Real property located in Washington County, Minnesota, described as follows: That part of the South 344.88 feet of Outlot A, Stillwater Industrial Park, Washington County, Minnesota, lying East of the West 386.97 feet thereof, Washington County, Minnesota. Property Tax Parcel Number: 32-030-20-31-0011 Site Number: AIN423 Site Name: Stillwater Market: Minneapolis A-1 Rev. 2/00 8 I 7 I 6 I 5 + 4 I 3 I 2 I 1 VICINITY MAP PROJECT DATA PROJECT AREA; By 11 h1 20• o INTERIOR LEASE SPACE EXTERIOR LEASE : 30'-0' x 40-0" PARCEL AREA;Soh' e- -_ Q. ' ZONING TYPE. D -- ® < �'CTri �' WEST ORLEANS STREET "-IN ■r■ ■ ■ M bi I FGAI DESCRIPTION; Oe 2 0a 3 ,CURVE BENCH MARK: CREST BLVD. 3P h x i BASIS OF BEARING 0 < TOWER DRIVE WEST DATE OF SURVEY. T-MOBILE SITE A1N0423 1754 WASHINGTON AVE. STILLWATER, MN 55082 COORDINATES (ANTENNA I OCATION)- GENERAL NOTES SCOPE OF SUPPLY PROJECT TEAM LATITUDE: LONGITUDE: ASSESSOR'S PARCEL NUMBER: I. IIIIIIIII.IIII�II• 0 1. THE CONTRACTOR SHALL SUPERVISE AND DIRECT ALL WORK, USING HIS BEST SKILL AND ATTENTION. HE SHALL BE SOLELY 14. CONTRACTOR SHALL NOTIFY THE ENGINEER OF ANY CONFLICTS OR DISCREPANCIES WITHIN THE CONTRACT DOCUMENTS AND THE • THE FOLLOWING TABLE DELINEATES THE RESPONSIBILITIES OF DIFFERENT PARTIES INVOLVED IN COMPLETING THIS PROJECT. • THE SITE SPECIFIC SCOPE OF WORK WILL PRECEDE ANY DISCREPANCIES FOUND ON THIS SCOPE OF SUPPLY. IMPROVEMENTS OWNER SURVFYOR • REDUCED PRINT SCALES a RESPONSIBLE FOR ALL CONSTRUCTION MEANS, METHODS, FIELD CONOITIONS PRIOR TO EXECUTING THE WORK IN QUESTION. T-MOBILE EGAN, FIELD, & NOWAK, INC. Tm E REPORT IDENTIFICATION. TECHNIQUES, PROCEDURES AND SEQUENCES FOR COORDINATING ALL PORTIONS OF THE WORK UNDER THE CONTRACT. 15. CONTRACTOR SHALL NOTIFY THE ENGINEER IF DETAILS ARE CONSIDERED UNSOUND, UNSAFE, NOT WATERPROOF, OR NOT X RAW LAND SITE CO -LOCATION SITE C/O VOICESTREAM WIRELESS CORP. 1229 TYLER STREET NE 12920 SE. 38th STREET SUITE 100 2. THE CONTRACTOR SHALL VISIT THE JOB SITE TO REVIEW THE SCOPE OF WORK AND EXISTING JOB SITE CONDITIONS WITHIN CUSTOMARY TRADE PRACTICE. IF WORK IS PERFORMED, IT WILL BE ASSUMED THAT THERE IS NO OBJECTION TO THE ITEM FURNISHED BY INSTALLED BY ITEM FURNISHED BY INSTALLED BY BELLEVUE, WA 98006 MINNEAPOLIS. MN 55413 FASFMFNT NOTES. INCLUDING, BUT NOT LIMITED TO MECHANICAL, ELECTRICAL DETAIL DETAILS ARE INTENDED TO SHOW THE END RESULT OF TOWER T-MOBILE CONTRACTOR BTS PLATFORM T-MOBILE CONTRACTOR SERVICE, AND OVERALL COORDINATION. THE DESIGN. MINOR MODIFICATIONS MAY BE INCLUDED #S PART OF THE WORK. BTS PLATFORM T-MOBILE CONTRACTOR BTS PLATFORM FOUNDATION T-MOBILE CONTRACTOR SITE OWNER El FCTRICAI UTII DIES SITE DIRECTIONS 3. THE CONTRACTOR SHALL VERIFY ALL EXISTING CONDITIONS AND DIMENSIONS PRIOR TO SUBMITTING HIS BID. ANY 16. EXISTING ELEVATIONS AND LOCATIONS UTILIZED SHALL BE TOWER & BTS PLATFORM FOUNDATION T-MOBILE CONTRACTOR PURCELL CABINET POWER (POWER/TELCO) T-MOBILE CONTRACTOR ROGER & SUSAN NELSON XCEL ENERGY DISCREPANCIES, CONFLICTS OR OMISSIONS, ETC. SHALL BE REP REPORTED TO THE ENGINEER BEFORE PROCEEDING WITH VERIFIED BY THE CONTRACTOR BEFORE CONSTRUCTION. IF THEY DIFFER FROM THOSE SHOWN ON THE PLANS, THE PURCELL CABINET (POWER/TELCO) T-MOBILE CONTRACTOR PURCELL CABINET -BATTERIES T-MOBILE CONTRACTOR 1103 NIGHTINGALE BLVD. STILLWATER, MN 55082 SITE DIRECTIONS: WORK. CONTRACTOR SHALL NOTIFY THE ENGINEER SUCH THAT MODIFICATIONS CAN BE MADE BEFORE PROCEEDING WITH PURCELL CABINET - BATTERIES T-MO81LE CONTRACTOR BTS CABINETS T-MOBILE CONTRACTOR FROM 1-494 AND HWY 169, GO EAST ON 1-494 FOR 25.4 MILES TO 1-694; GO NORTH ON 1-694 FOR 2.9 MILES TO MN-5; TAKE EXIT 55 AND FOLLOW SHALL PROTECT ALL AREAS FROM DAMAGE 4. THE CONTRACTORAAY THE WORK. BTS CABINETS T-MOBILE CONTRACTOR ANTENNA T-MOBILE CONTRACTOR MN-5 EAST FOR 7 MILES TO CURVE CREST BLVD; TURN RIGHT AND FOLLOW CURVE CREST BLVD. TO WASHINGTON AVE; TURN LEFT ONTO WASHINGTON MAY WHICH OCCURANTENNA DURING CONSTRUCTION. ANY DAMAGE TO 17. ALL SYMBOLS AND ABBREVIATIONS USED ON THE DRAWINGS T-MOBILE CONTRACTOR COAX CABLE T-MOBILE CONTRACTOR ARCHITECT/ENGINEER TELEPHONE I1TII mFT AVE. AND SETE WILL BE ON THE LEFT. NEW AND EXISTING CONSTRUCTION, STRUCTURE, OR EQUIPMENT, ARE CONSIDERED CONSTRUCTION STANDARDS. IF THE COAX CABLE EGAN, FIELD & NOWAK, INC. QWEST SHALL BE IMMEDIATELY REPAIRED OR REPLACED TO THE CONTRACTOR HAS QUESTIONS REGARDING THEIR EXACT MEANING, T-MOBILE CONTRACTOR JUMPER CABLES T-MOBILE CONTRACTOR 1229 TYLER STREET NE SATISFACTION OF THE TENANT OR BUILDING OWNER, OR OWNER'S REPRESENTATIVE, AT THE EXPENSE OF THE THE ENGINEER SHALL BE NOTIFIED FOR CLARIFICATIONS BEFORE PROCEEDING WITH WORK. JUMPER CABLES T-MOBILE CONTRACTOR LNA {LOW NOISE AM T-MOBILE CONTRACTOR SUITE 100 CALL 48 HOURS BEFORE DIGGING CONTRACTOR. 18. LNA (LOW NOISE AMPLIFIER) T-MOBILE CONTRACTOR GROUNDING KITS FOR COAX T-MOBILE CONTRACTOR MINNEAPOUS, MN 55413PLIFIER) GOPHER STATE 0 N E CALL 5. THE CONTRACTOR SHALL BE RESPONSIBLE FOR, AND SHALL THE CONTRACTOR SHALL PROVIDE ALL NECESSARY BLOCKING, BACKING, FRAMING, HANGERS OR OTHER SUPPORT FOR ALL OTHER RENTS GROUNDING KITS FOR COAX T-MOBILE CONTRACTOR SITE GROUNDING MATERIALS CONTRACTOR CONTRACTOR TWIN CEDES AREA 651-454-0002 MN. TOLL FREE 1-800-252-1166 REPLACE OR REMEDY, ANY FAULTY, IMPROPER, OR INFERIOR MATERIALS OR WORKMANSHIP OR ANY DAMAGE WHICH SHALL REQUIRING THE SAME. SITE GROUNDING MATERIALS CONTRACTOR CONTRACTOR ANTENNA MOUNTING PIPE & BRACKET CONTRACTOR CONTRACTOR APPEAR WITHIN ONE YEAR AFTER THE COMPLETION AND ACCEPTANCE Of 19, CITY APPROVED PLANS SHALL BE KEPT IN A PLAN BOX AND SHALL NOT BE USED BY WORKMEN. ALL CONSTRUCTION SETS ANTENNA MOUNTING PIPE & BRACKET CONTRACTOR CONTRACTOR WAVEGUIDE BRIDGE (EOPT TO TWR) CONTRACTOR CONTRACTOR ZONING QUESTIONS & NOTIFICATIONS T-MOBILE - MINNEAPOLIS THE WORK UNDER THIS CONTRACT. SHALL REFLECT SAME INFORMATION. THE CONTRACTOR SHALL ALSO MAINTAIN IN G000 CONDITION, ONE COMPLETE SET OF WAVEGUIDE BRIDGE (EQPi TO TWR) CONTRACTOR CONTRACTOR WAVEGUIDE LADDER (TOWER) CONTRACTOR CONTRACTOR 8000 WEST 78th STREET SUITE 400 DRAWING INDEX 6. THE CONTRACTOR SHALL REMOVE ALL RUBBISH AND WASTE MATERIALS ON A REGULAR BASIS, AND SHALL EXERCISE PLANS WITH ALL REVISIONS, ADDENDA AND CHANGE ORDERS ON THE PREMISE AT ATIMES. THESE All WAVEGUIDE LADDER (TOWER) CONTRACTOR CONTRACTOR FENCE CONTRACTOR CONTRACTOR EDINA, MN 55439 A1N423-T1 STRICT CONTROL OVER JOB CLEANING THROUGHOUT CONSTRUCTION, INCLUDING FINAL CLEAN-UP UPON ARE TO BE UNDER THE CARE OF THE JOB SUPERINTENDENT. FENCE CONTRACTOR CONTRACTOR UNDERGROUND WORK CONTRACTOR CONTRACTOR PROJECT INFORMATION AND GENERAL NOTES At N423-CT SITE PLAN AND ENLARGED SITE PLAN COMPLETION OF WORK. ALL AREAS ARE TO BE LEFT IN A BROOM CLEAN UNDERGROUND WORK CONTRACTOR CONTRACTOR SITEWORK CONTRACTOR CONTRACTOR Al N423-A1 ANTENNA INFORMATION AND TOWER ELEVATION Al N423-E1 POWER AND GROUNDING PLAN CONDTDON AT THE END OF EACH DAY. CODES AND STANDARDS SITEWORK CONTRACTOR CONTRACTOR POWER DISCONNECT & METER BOX CONTRACTOR CONTRACTOR ABBREVIATIONS Al N423-E2 ELECTRICAL SCHEMATIC 7. THE CONTRACTOR SHALL SAFEGUARD THE OWNER'S PROPERTY POWER DISCONNECT & METER BOX CONTRACTOR CONTRACTOR METER ARCH. ARCHITECT A AMPERE OR AMMETER DURING CONSTRUCTION AND SHALL REPLACE ANY DAMAGED OF THE OWNER TO ORIGINAL CONDmON OR BETTER. ALL CONSTRUCTION SHALL COMPLY WITH THE LATEST ADOPTED EDmON OF THE FOLLOWING PUBLICATIONS: METER UTILITY UTILITY UTILITY UTILITY BLDG. BUILDING AF CIRCUIT BREAKER AMP FRAME(RATING) AFT C.B. CATCH BASIN AABOVE FINISH FLOOR STANDARD DRAWINGS: 8. 0 SHALL BE THE RESPONSIBILITY OF THE CONTRACTOR TO C.L CENTER LINE A/G ABOVE GROUND CEILING STANDARD - Ats (1) -STANDARD EQUIPMENT CABINET PLAN VIEWS & ELEVATION VIEWS LOCATE ALL EXISTING UTILTES, WHETHER SHOWN HEREIN OR NOT, AND TO PROTECT THEM FROM DAMAGE. THE CONTRACTOR SHALL BEAR ALL EXPENSES 1. ASTM (AMERICAN SOCIETY FOR TESTING AND MATERIALS)CLG. 2. ACI (AMERICAN CONCRETE INSTITUTE) 3. NSC INSTITUTE OF STEEL CONSTRUCTION ( ) I WATER TOWER SITE ROOFTOP SITE ATS AUTOMATIC TRANSFER SWITCH CONC. CONCRETE A1C AMPERE CAPACITY CONST. CONSTRUCTION CB CIRCUIT BREAKER STANDARD - A2S (1) - STANDARD EQUIPMENT CABINET PLAN VIEWS de ELEVATION VIEWS STANDARD STANDARD - A3S (1) - STANDARD SITE IMPROVEMENT SPECIFICATIONS FOR REPAIR OR REPLACEMENT OF LMLmES OR OTHER PROPERTY DAMAGED IN 4. AWS (AMERICAN WELDING SOCIETY) ITEM FURNISHED BY INSTALLED BY ITEM FURNISHED BY INSTALLED BY CONTR. CONTRACTOR CKT CIRCUIT DET. DETAIL CU COPPER STANDARD - A4S (1) - STANDARD FENCING SPECIFICATIONS STANDARD A55 CONJUNCTION WITH THE EXECUTION OF WORK. 5. IBC (INTERNATIONAL BUILDING CODE) 6. MDOT (MINNESOTA DEPARTMENT OF TRANSPORTATION) BTS PLATFORM T-MOBILE CONTRACTOR ROOFTOP PLATFORM T-MOBILE CONTRACTOR DIA DIAMETER GEN GENERATOR DIAG. DIAGONAL GO GROUND FAULT INTERRUPTER - 1 () - STANDARD FENCING SPECIFICATIONS STANDARD - EIS (1) - STANDARD ELECTRICAL SPECIFICATIONS 9. THE CONTRACTOR SHALL BE RESPONSIBLE FOR THE COMPLETE SECURITY OF THE SITE WHILE THE JOB IS IN PROGRESS AND 7. ANSI (AMERICAN NATIONAL STANDARDS INSTITUTE) 8. IEEE BTS PLATFORM FOUNDATION T-MOBILE CONTRACTOR ROOFTOP ANTENNA SLED/ATTACHMENT T-MOBILE CONTRACTOR DIM. DIMENSION JB BOX DN. DOWN KVA STANDARD - E2S (1) -STANDARD UTILITY RACK SPECIFICATIONS STANDARD - E3S (1) - STANDARD ANTENNA, COAX & GROUNDING UNTIL THE JOB IS COMPLETED PER U.B.C. (INSTITUTE OF ELECTRICAL AND ELECTRONICS ENGINEERS) • 9. NEC (NATIONAL ELECTRICAL CODE) PURCELL CABINET (POWER/TELCO) T-MOBILE CONTRACTOR PURCELL CABINET (POWER/TELCO) T-MOBILE CONTRACTOR KILO OLIO KILOVOLT AMPERE(S) DWG. DRAWING KW KILOWATT(S) SPECIFICATIONS STANDARD STANDARD E4S(1) 10. ALL CONSTRUCTION WORK SHALL CONFORM TO THE U.B.C. AND 10. NEMA (NATIONAL ELECTRICAL MANUFACTURERS ASSOCIATION) 11. PURCELL CABINET - BATTERIES T-MOBILE CONTRACTOR PURCELL CABINET - BATTERIES T-MOBILE CONTRACTOR EACH M MEIE8 ELEC• ELECTRICAL MTS MANUAL TRANSFER SWITCH - - ANTENNA & COAX INSTALLATION SPECIFICATIONS ALL OTHER GOVERNING CODES, ALONG WITH THE GOVERNING RESIHICTIVE CODES. NEST NATIONAL ELECTRICAL SAFETY COMMISSION) 12. OSHA (OCCUPATIONAL SAFETY AND HEALTHY ADMINISTRATION) BTS CABINETS T-MOBILE CONTRACTOR BTS CABINETS T-MOBILE CONTRACTOR EL ELEVATION NF NON -FUSED EQUIP. EQUIPMENT N.I.C.SPECIFICATIONS STANDARD - E5S (1) - STANDARD EQUIPMENT BUILDING WIRING 13. UL (UNDERWRITERS LABORATORIES, INC.) 14. APPLICABLE LOCAL CODES ANTENNA T-MOBILE CONTRACTOR ANTENNA T-MOBILE CONTRACTOR EXIST. EXISTING PNL NOT IN CONTRACT PANEL STANDARD - E6S (1) - STANDARD GROUNDING SPECIFICATIONS FOR GUYED TOWERS 11. THE CONTRACTOR AND ALL SUBCONTRACTORS SHALL COMPLY WITH ALL LOCAL CODE REGULATIONS AND STATE DEPARTMENTPOLYVINYL AND ORDINANCES COAX CABLE 7-MOBILE CONTRACTOR COAX CABLE T-MOBILE CONTRACTOR FIG. FOOTING PH GA. GAUGE PVC PHASE CHLORIDE STANDARD - N1S (1) -STANDARD ELECTRICAL SPECFICATIONS GENERAL Of INDUSTRIAL REGULATIONS AND DIVISION OF INDUSTRIAL SAFETY (OSHA) REQUIREMENTS. REFER TO THE CODES SECTION JUMPER CABLES T-MOBILE CONTRACTOR JUMPER CABLES T-MOBILE CONTRACTOR GA-V. GALVANIZED RCPT RECEPTACLE GND. GROUND RGS Np IES STANDARD - N2S (1) - STANDARD CONSTRUCTION SPECIFICATIONS OF TH15 SHEET. LEGEND LNA (LOW NOISE AMPLIFIER) T-MOBILE CONTRACTOR LNA (LOW NOISE AMPLIFIER) T-MOBILE CONTRACTOR RIGID GALVANIZED STEEL H.M. HOLLOW METAL 5W SWITCH GENERAL NOTES SHEET 1 STANDARD - N35 12. THE CONTRACTOR SHALL OBTAIN AND PAY FOR ANY PERMITS, GROUNDING KITS FOR COAX T-MOBILE CONTRACTOR GROUNDING KITS FOR COAX T-MOBILE CONTRACTOR L.F.. LINEAL FEET SYM SYMMETRICAL TEL MTL METAL TELEPHONE (1) - STANDARD CONSTRUCTION 2 SPECIFICATIONS GENERAL NOTES SHEET 2 LICENSES AND INSPECTIONS NECESSARY FOR PERFORMANCE OF THE WORK AND INCLUDE THOSE IN THE COST OF THE DETAIL NUMBER SITE GROUNDING MATERIALS CONTRACTOR CONTRACTOR SITE GROUNDING MATERIALS CONTRACTOR CONTRACTOR MIN. MINIMUM XFMR TRANSFORMER MISC. MISCELLANEOUS TYP STANDARD - S1S (1) - STANDARD EQUIPMENT PLATFORM FOUNDATION PLAN, SECTIONS, AND DETAILS WORK TO THE OWNER.fill DETAIL SITE GROUNDING MATERIALS CONTRACTOR CONTRACTOR SITE GROUNDING MATERIALS CONTRACTOR CONTRACTOR TYPICAL N.T.S. NOT TO SCALE U/G UNDERGROUND STANDARD - S2S (1) - STANDARD ADDITIONAL EQUIPMENT' PLATFORM SPECIFICATIONS 13. FIGURED DIMENSIONS HAVE PRECEDENCE OVER DRAWING SCALE, DRAWING ON WHICH ORIGINAL METAL WAS DRAWN BLANK DFNOI6 DETAIL 6 ON SAME DRAWING ANTENNA ATTACHMENTS (TOWER) CONTRACTOR CONTRACTOR ANTENNA MOUNTING PIPE & BRACKET CONTRACTOR CONTRACTOR O.C. ON CENTER V VOLT PL PLATE W WATTS OR WIRE STANDARD - S3S (1) - STANDARD EQUIPMENT PLATFORM EXTENSION & AND DETAIL DRAWINGS HAVE PRECEDENCE OVER SMALL SCALE DRAWINGS. CHECK ACCURACY OF ALL DIMENSIONS IN ANTENNA MOUNTING PIPE & BRACKET CONTRACTOR CONTRACTOR ROOFTOP COAX ATTACHMENTS CONTRACTOR CONTRACTOR REQ'D. REQUIRED WP WEATHERPROOF S F SQUARE FEET WAVEGUIDE BRIDGE SPECIFICATIONS STANDARD - S4S (1) - STANDARD ANTENNA & COAX MOUNTING THE FIELD. UNLESS SPECIFICALLY NOTED, DO NOT FABRICATE s91044 �� WAVEGUIDE BRIDGE (EQPT TO TWR) CONTRACTOR CONTRACTOR UNDERGROUND WORK CONTRACTOR CONTRACTOR WHM WATTHOUR METER S.S. STAINLESS SIrLLL LINO UNLESS NOTED OTHERWISE SPECIFICATIONS FOR FLUTED WATER TOWER STANDARD - S55 ANY MATERIALS OFF -SITE, OR PERFORM ANY CONSTRUCTION UNTIL THE ACCURACY SECTION COAX ATTACHMENTS (TOWER) CONTRACTOR CONTRACTOR SREWORK CONTRACTOR CONTRACTOR SIM. SIMILAR SPECIFICATIONS (1) -STANDARD ANTENNA & COAX MOUNTING SPECIFICATIONS FOR SMOOTH SURFACE TANKS & OF DRAWING DIMENSIONS HAVE BEENell VERIFIED AGAINST ACTUAL FIELD DIMENSIONS. DRAWING ON WHICH ORIGINAL SEC110N WAS DRAWNSTL. FENCE CONTRACTOR CONTRACTOR POWER DISCONNECT &METER BOX CONTRACTOR CONTRACTOR SPECS. �• STANDARD STEEL STANDARD lEGS CABLE COAXSPECIFICATIONSSP BLANK DENOTES SECTION 6 ON SAME DRAWING UNDERGROUND WORK CONTRACTOR CONTRACTOR METER UTILITY LITIUTY STRUCT. STRUCTURAL STANDARD - S7S (1) - STANDARD ANTENNAABBLEINSTALLATION a 9 M 10 M/ AS -BUILT & CHANGED ANTENNAS NO' / SITEWORK CONTRACTOR CONTRACTOR T.C. TOP OF CURB T.O.P. TOP PAVING INSTALLATION SPECIFICATIONSCOAX STANDARD - S8$ (1)- STANDARD TYPICAL EQUIPMENT BUILDING PLAN VIEWS REFERENCE DRAWINGS: PLOTTED: z 8 03/23/01 ADDED MW DISH FACING 58 RAR POWER DISCONNECT &METER BOX CONTRACTOR CONTRACTOR TOS. TOP OF SLAB & SECTION VIEWS STANDARDS - S9S (1)- STANDARD FLEXI EDGE BASE STATION CONCRETE 7 02/13/01 REVISED EQUIPMENT CABINETS ql ! METER UTILITY UTIY LIT T/ TOP OF SLAB INSTALLATION STANDARDS - 5705 FLEXI EDGE A cif / B/ BOTTOM OF (1)-STANDARD 645E STATION EQUIPMENT PLATFORM INSTALLATION REV DATE REVISION DESCRIPTION DCSHfiK APPROVED RF FN OP INSTALL REFERENCE DRAWINGS PROJECT NO. STILLWATER 1 OB/25/00 ISSUED FOR CONSTRUCTION NCP cM MH oX NOTICE: THIS DRAWING WAS NOT BEEN PUBUSHED AND 1 hereby certify that this plan specification, or report wa* prepared by me or under my direct supervision 2 10/10/CO CHANGED LEASE AREA C MH GL MARKET THE SOLE PROPERTY OF T-MOBILE - MINNEAPOLIS OD AND IS LENT L, AND BORROWER FOR 1 N OR CONFIDENTIAL USE ONLY, AND IN CONSIDERATION OF and that 1 am a duly Licensed Professional Engineer under the laws of this State of Minnesota. °6 N.ED EY PERRUS ��08/26/00 Al N423 PROJECT INFORMATION 3 10/20/00 CHANGED ADDRESS NH • ■ . ■ ■ T (O M 7 � %1 a THE LOAN OF THIS DRAWING, THE BORROWER PROMISES AND AGREES TO RETURN IT UPON REQUEST AND AGREES CHECKED By DATE AND GENERAL NOTES 4 11/15/00 CHANGED ANTENNAS &ADDED UTILITY EASEMENT RAR mi.... g,1 1• C THAT IT WILL NOT BE REPRODUCED, COPIED, LENT OR 4 .AM•/f. M1wa> TRACY GRIFFIN C. MILLER 08/31/00 CM IOi OTHERWISE DISPOSED OF DIRECTLY OR INDIRECTLY, NOR 9u^.,rrc l/1.0 GJ m^� A APPROVED BY DATE 1754 WASHINGTON AVENUE 5 01/03/01 REMOVED UTILITY EASEMENT wP KH USED FOR ANY PURPOSE OTHER THAN WHICH IT IS FURNISHED. 1y'7r^'6 04/13/10 43187 M. HACHEY 08/31/00 STILLWATER, MINNESOTA 6 02/01/01 ADDED MW DISHcm PAR / MINNEAPOLIS MARKET oak 1� Pa• CHEW APPROVAL G. UNDER DATE 09/13/00 SCALE AS NOTED DRAWING NUMBER N A1N423-T1 REV 9 • I MANUAL CHANGES MADE - YES 0 N0 0 DWG nu UPDATED - YES NO 0 MODEL UPDATED - YES 1.100 CADD FILE NO., Al N423T1 .DOJO '/811111111111111I111I11111,11I111I111111 4 e �: u as a 7i4' 11 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 t 8 I 7. I 6 I 5 4 I 3 I 2 I 1 ALNA/TMA REQUIREMENTS ANTENNA AND COAXIAL CABLE REQUIREMENTS 51 - - . SECTOR »_ -- NO. TYPE (DEGREES) 4Q NO. ANTENNA SECTOR COAXIAL * CA&E COLOR CODE I "' 1 PS5146 LNA/TMA PER SECTOR 0' TYPE (DEGREES) (DEGRES) (DEGREES) CONNECTION LEHGRI DIA T-MOBILE ANTENNAS NOTES; - 1. SECTOR 1:TO REPLACE tA3C0A�NT� CONTRACTORCE EXISTING Al & A2 ANTENNAS; R1 1-5/8" RED (REFER TO ENLARGED ELEVATION) 2 PS5148 LNA/TMA PER SECFOR 0• Al TMBX-6517-R2M D• R3 140' 140' 1-5/8" TRIPLE RED — D �A 2. SECTOR 2: CONTRACTOR TO RELOCATE EXISTING 131, B2 & B3 ANTENNAS, FlELD VERIFY. 3. SECTOR 3: CONTRACTOR TO Apo (2) NEW ANTENNAS 7�/ 3 ETW200VS12UB LNA/TMA PER SECTOR 10' R4 140' 1_5/8" QUAD RED —. JL Cl & C2. 4. SECTOR 4: CONTRACTOR TO REPLACE &RELOCATE IXIS ING D1 & D2 ANTENNAS, AND, RELOCATE EXISTING 03 ANTENNA, FlLED VERIFY. 4 PS5146 LNA/TMA PER SECTOR 120' A2 TMBX-6517-R2M 10' 0' R2 140' 1-5/8" DOUBLE RED — A 5. CONTRACTOR TO UTILIZE (18) EXISTING T-MOBILE COAX CABLES AND INSTALL (4) NEW 7/8"f COAX CABLES, 5 PS5146 LNA/TMA PER SECTOR 120' 83 TMBX-6517-R2M P 0• RS 140' 1-5/8" (5) RED/GRAY —. 6. CONTRACTOR TO INSTALL NEW COAX CABLE BANGS w/STA°KABLE SNAP -INS FOR NEW 6 ETW200VS12UB LNA/TMA PER SECTOR 120' R8 140' 1-5/8" (6) RED/GRAY — NEW T-MOBILE ALUMINUM COAX CABLE COVER - AND COAX CABLE BAND w/ STACKABLE SNAP -INS (4) 7/8'0 COAX CABLES ON THE OUTSIDE OF THE EXISTING MONOPOLE. 7 7 ETW19OV512UB LNA LNA/TMA PER SECTOR 180' B1 TMZX-6517-R2M 120' °. Y1 140' 1-5/8" YELLOW (PROVIDED BY CONTRACTOR) 7/e"0 COAX CABLES ON THE OUTSIDE OF THE TRIPLE • EXISTING MONOPOLE. CONTRACTOR TO FABRICATE AND Y3 Y3 140' 1-5/8" YELLOW __ 11011 II I I8. INSTALL NEW ALUMINUM SHEET METAL8 COAX COVER ON THE OUTSIDE OF THE EXISTING MONOPOLE, SIMILAR TOY4140' EIW200VS12UB LNA/TMA PER SECTOR230' 1-5/8" QUAD YELLOW — EXISTING VERIZON ANTENNAS VERIZON'S EXISTING INSTALLATION: 9 SAP-7580 LNA/TMA PER SECTOR 240' B2 TMZX-6517-R2M 120' 0' YZ 140' 1-5/8" DOUBLE YELLOW — —» 10 SAP-7580 LNA/TMA PER SECTOR 240• TMBX-6517-R2M 120' Y5 140' 1-5/8" (5) YELLOW/GRAY — 83 0• Y6 140' 1-5/8" (6) YELLOW/GRAY B1 140' 7/8" BLUE . n ClTMBXX-6517-R2Mp• 180• B3 140' 7/8" TRIPLE BLUE R A1.NOTES: CONTRACTOR SHALL SET ALL T-MOBILE ANTENNAS - - - - - EXISTING T-MOBILE 12" HIGH UGHTNING ROD NEW T-MOBILE 1/2" TO ZERO DEGREES ELECTRICAL DOWNTILT AT TIME OF INSTALLATION. 2. T-MOBILE RF ENGINEERS WILL THEN SET TO PROPER - - - - `- - —• EXISTING T-MOBILE ANTENNA MOUNTING PLATFORM w/HANDRAIL KIT JUMPER CABLE (TYP) TILT AT SITE TURN -UP. B4 140' 7/8" QUAD BLUE — C (TO REMAIN) C2 TMBXX-6517-R2M 780' p B2 140' 7/8" DOUBLE BLUE —X T-MOBILE ANTENNAS EXISTING T-MOBILE ANTENNA FACING 240' NEW T-MOBILE LNA (TYP) TO LNA/TMA - - - »ELD — a (TO BE REPLACED &RELOCATED, FIELD VERIFY) CHART FOR MORE DETAIL) NOTE: THIS TOWER ELEVATION VIEW IS SHOWN FOR - - - - -_ _ z EXISTING T-MOBILE DEMONSTRATION PURPOSES ONLY. T IS NOT INTENDED NOR SHALL IT BE INTERPRETED AS A TOWER DESIGN, 01 TMBX-6517-R2M 240' a• Gt 140' 1-5/8" GREEN 100'-0" MONOPOLE TOWER DESIGN, STRUCTURAL STRUCTURAL ANALYSIS, OR A FOUNDATION ANALYSSn ANDFESIGN. OUNDATIONG3 140' 1_5/8" TRIPLE GREEN — DESIGN SHALL BE COMPLETED BY OTHERS. G4 140' 1-5/8" QUAD GREEN » —» ri D2 TMBX-6517-R2M 230' p G2 140' 1-5/8" DOUBLE GREEN 0 41 Q EXISTING T-MOBILE ANTENNA II NEW T-MOBILE— ANTENNA D3 TMBX-6517-R2M 240' 0' GS 140' 1-5/8" (5) GREEN/GRAY —. a. of ca z A A---- FACING Cr (TO BE REPLACED) -II ___III FACING 180' G6 140' 1-5/8" (6) GREEN/GRAY — —` ` o w ' •FOR MORE INFORMATION REFER TO STANDARD DRAWING ESS. c, W — —. — o %� 80.-0' C/L OF EXISTING VE EXISTING T-MOBILE ANTENNA FACING 230' (TO BE RELOCATED, FIELD VERIFY) II EXISTING T-MOBILE ANTENNA FACING 240' NOTES: (TO BE REPLACED &RELOCATED, FIELD VERIFY) SHALLBENOTE MOBA COAX, s 4 -' NEW T-MOBILE ALUMINUM COAX CABLE COVER EXISTNG T-MOBILE CONTRACTOR) (PROVIDED HAND COAX CABLE BANDS w/ STACKABLE SNAP -INS MAJN GND BAR a 1. ANTENNA CABLE LENGTHS HAVE BEEN DETERMINED BASED ON THESE PLANS. CABLE LENGTHS LISTED ARE APPROXIMATE AND ARE NOT TO BE USED FOR FABRICATION. DUE TO FIELD CONDITIONS ACTUAL ANTENNA CABLE LENGTHS REQUIRED MAY VARY FROM LENGTHS TABULATED. '- S aBYINTENDED -3 — —TA — B —a — — 6 Q EXISTING VERIZON ALUMINUM COAX CABLE COVER AND COAX CABLE BAND w/ SNAP -INS EXISTING VERIZON ALUMINUM COAX CABLE COVER AND COAX CABLE BAND w/ SNAP -INS - NEW T-MOBILE ALUMINUM COAX CABLE COVER ALL ANTENNA/COAX CABLES TO BE COLOR COOED AT THREE 3 LOCATIONS USING 1 2 WIDE PVC ELECTRICAL TAPE. ( ) (PROVIDED BY CONTRACTOR) AND COAX CABLE BANDS w/ STACKABLE SNAP -INS 2. / " EXISTING T-MOBILE GPS/E911 ANTENNA A TOP OF TOWER (ANTENNA LEVEL) EXISTING VERIZON EQUIPMENT BUILDING B. BASE OF TOWER C. AT BTS CABINET CONNECTION POINT EXISTING T-MOBILE 2'-0" WIDE WAVEGUIDE BRIDGE 3. ANTENNA/COAX CABLES SHALL UTILIZE GROUND KITS GROUNDED AT THREE (3) POINTS OF TOWER AS FOLLOWS: EXISTING T-MOBILE 10'x 12' A TOP OF TOWER (ANTENNA LEVEL) ONE END MECHANICALLY —S — EXISTING 8'-0" HIGH CHAINUNK FENCE W/ (3)• - TO TOWER. ®EQUIPMENT BUILDING CB. BOOTTOM �OF TOWER, ONE END MECHANICALLY CONNECTED TO GROUND BAR. STRANDS OF BARBED WIRE C. AT BTCABINET CONNECTION POINT. —R , _� 4. ANTENNA SECTORS SHALL BE MEASURED WITH TRUE NORTH AS SHOWN ON THE SITE PLAN. .......•�•••... •.. EXISTING E911 ANTENNA REQUIREMENTS OJ.••...... • .• ANTENNA COAXIAL CABLE — — .•iiii•..•i• !i...•iii ••ii +X.: O••i• TYPE SECTOR (DEGREES) � * O� COLOR CODE — — — 1111 ••j ........ •!iiiiiiii•.. •� i• i 1 GPS L1 58532A - _ — , ♦..�• : •.•• ' it ii0 1UCE0 PRINT SCALES 1/8 r u 1 I ::......... iOiii.%.:O•i. • �. ,.....,,,,,,,,„0„._.,,,,....... :•: 6 DOWNTILT CONTROL REQUIREMENTS COAXUL CABLE WEST ELEVATION NO. NO TYPE NONE (DEGREE$)H* CIA. COLOR CODE ENLARGED ELEVATION Q 1 ATCB-601 SERIES 0• 140' 1/4" - 9 04/07/10 AS -BUILT & CHANGED ANTENNAS N°' SCALE 1/4"=1'-0" (0 22" x 34") Pe 8 03/23/01 ADDED MW DISH FACING 56' A2 cm ......................--- A 7 02/13/01 REVISED EQUIPMENT CABINETS mu1 / REV DATE REVISION DESCRIPTION DSG pIR APPROVED RF FN OP INSTALL REFERENCE DRAWINGS PROJECT NO. 1 06/75/00 ISSUED FOR CONSTRUCTION NCP cM uH. c1 OK NOTICE THIS DRAWING HAS NOT BEEN PUBLISHED AND I hereby certify that this plan specification, or report was prepared by me or under my direct supervision STILLWATER 2 10/10/m CHANGED LEASE AREA HCA cM NH GL T S THE SOLE PROPERTY OF T-MOBILE - MINNEAPOUS MARKET AND IS LENT TO THE BORROWER FOR THEIR CONFIDENT& and that I am a duly Licensed Professional Engineer under the lows of the State of Minnesota. OESIOED Dr N. PERRUS DATE 08/26/00 Al N423 ANTENNA INFORMATION 3 ID 20/00 CHANGED ADDRESS NH NH •• ■ • • O i � ® USE ONLY, AND IN CONSIDERATION OF THEAGROFTHISpRAWING,THEBORROWERPROMISEScNEa® AND AGREES TT RETURN N UPON REQUEST AN° AGREES rrG1EAND TOWER ELEVATION o 4 11/15/00 CHANGED ANTENNAS & ADDED UTILITY EASEMENT RPR MH .- 1 THAT T WILL NOT BE REPRODUCED, COPIED, LENT OR ..// ,,I TrP•Ar TRACT GRIFFIN A.1 dMl' C. MILLER 08/31 /00 5 01/03/01 REMOVED UTILITY EASEMENT CM HCP CH NH OTHERWISE DISPOSED OF DIRECTLY OR INDIRECTLY, NOR USED FOR ANY PURPOSE OTHER THAN WHICH R IS FURNISHED. slw.... �'I^'� MAIN Nsnr Kt M. HACHE? DATE 08/31/oD 1754 WASHINGTON AVENUE STILLWATER, MINNESOTA 55082 6 02/01/01 ADDED MW DISH RW' cm MINNEAPOLIS MARKET a"` 04/73/70 Rep. Nu 43187 CUDR APPROVAL G. UNDER DATE 09/13/00 SCALE AS NOTED DRAWING NUMBER Al N423-Al REV 9 1 • _._ I MANUAL CHANGES MADE - YES 0 NO 0 DWG FILE UPDATED - TES❑ NO 0 MODEL UPDATED - YES❑ NO❑ CADD FILE NO.: Al N42311.0WG 8 7 6 5 4 3 2 D NOTES: 1. SECTOR 1: CONTRACTOR TO REPLACE EXISTING Al & A2 ANTENNAS; COSTING A3 ANTENNA TO REMAIN. 2. SECTOR 2: CONTRACTOR TO RELOCATE EXISTING B1, B2 & 83 ANTENNAS, FIELD VERIFY. 3. SECTOR 3: CONTRACTOR TO ADO (2) NEW ANTENNAS Cl & C2. 4. SECTOR 4: CONTRACTOR TO REPLACE & RELOCATE EXISTING D1 & D2 ANTENNAS, AND, RELOCATE EXISTING D3 ANTENNA, FILED VERIFY. 5. CONTRACTOR TO UOLIZE (18) EXISTING T—MOBILE COAX CABLES AND INSTALL (4) NEW 7/8'0 COAX CABLES. 6. CONTRACTOR TO INSTALL NEW COAX CABLE BANDS w/STACKABLE SNAP —INS FOR (4) NEW 7/8'0 COAX CABLES ON THE OUTSIDE OF THE EXISTING MONOPOLE. 7. CONTRACTOR TO DOUBLE STACK (4) NEW 7/8'0 COAX CABLES ON THE OUTSIDE OF THE EXISTING MONOPOLE. 8. CONTRACTOR TO FABRICATE AND INSTALL NEW ALUMINUM SHEET METAL COAX COVER ON THE OUTSIDE OF THE EXISTING MONOPOLE, SIMILAR TO VERIZON'S EXISTING INSTALLATION. EXISTING T—MOBILE 3) 3/0 AWG IN 2' PVC CONDUIT BELOW GRADE OR CONDUCTORS AND CONDUR PER UTILITY REQUIREMENTS (TO EXISTING ELECTRIC TRANSFORMER) %�I T—MOBILE 200A ELECTRIC METER w/DISCONNECT EXISTING T—MOBILE 4/0 AWG INSULATED (TO GROUND RING) EXISTING T—MOBILE LNA (TYP) (REFER TO LNA/TMA CHART ON SHEET Al FOR MORE DETAIL) EXISTING T—MOBILE STEEL RACK FOR ELECTRIC METER w/DISCONNECT & TELCO HOFFMAN ENCLOSURE w/BUP TERMINAL (PROVIDED BY CONTRACTOR) 8 — EXISTING T—MOBILE 4/0 AWG INSULATED DOWNLEAD (ABOVE GRADE) EXISTING T—MOBILE 2' PVC FOR TELCO (BELOW GRADE FIELD VERIFY) EXISTING T—MOBILE (4) 3/0 AWG COPPER CONDUCTORS IN 2' CONDUIT NEW T—MOBILE LNA (TYP) (REFER TO LNA/TMA CHART ON SHEET Al FOR MORE DETAIL) F. C a —5 — B —5 — 11 8 8 A 9 04/07/10 AS —BUILT & CHANGED ANTENNAS 8 03/23/01 ADDED MW DISH FACING 56' 7 02/13/01 REVISED EQUIPMENT CABINETS REV DATE REVISION DESCRIPTION NCP PA CM DT CM DSON CNK APPROVED RF FN 0P INSTALL REFERENCE DRAWINGS 1 2 3 4 08/25/00 10/10/00 10/20/00 11/15/00 ISSUED FOR CONSTRUCTION CHANGED LEASE AREA CHANGED ADDRESS CHANGED ANTENNAS & ADDED UTILTY EASEMENT NCP 00 NCP CM NCP CM AAA plc TA CL TA 6L TA KH MN � DK 0J 5 01/63/01 REMOVED UTILITY EASEMENT CP ENLARGED SITE PLAN SCALE 3/8' = 1'-0' (m 22' x 34') • T • •Mobiles NOTICE THIS DRAWING HAS NOT BEEN PUBUSHED AND IS THE SOLE PROPERTY OF T—MOBILE — MINNEAPOUS MARKET AND IS LENT TO THE BORROWER FOR THEIR CONFIDENTIAL USE ONLY, AND IN CONSIDERATION OF THE LOAN OF THIS DRAWING. THE BORROWER PROMISES AND AGREES TO RETURN R UPON REQUEST AND AGREES THAT R WILL NOT BE REPRODUCED, COPIED, LENT OR OTHERWISE DISPOSED OF DIRECTLY OR INDIRECTLY. NOR USED FOR ANY PURPOSE OTHER THAN WHICH R IS FURNISHED. I hereby certify that this plan specification, or report was prepared by me or under my direct supervision and that I am a duly Licensed Master Electrician under the laws of the State of Minnesota. rrPll+ . sgmAme Milled Norm PROJECT N0. DEEMED BY N. PERRUS DATE 08/26/00 CHECKED BY C. MILLER DATE 08/31/00 STILLWATER AlN423 POWER AND GROUNDING PLAN APPROVED BY M. HACHEY DATE 08/31/00 1754 WASHINGTON AVENUE STILLWATER, MINNESOTA 55082 6 02/01/01 ADDED MW DISH PAR CM MINNEAPOLIS MARKET 010 Reg. Ms.t -71 MANUAL CHANGES MADE — YES 0 NO 0 GIJENN APPROVAL G. UNDER DATE DWG I1LE UPDATED — YES ❑ NO 0 09/13/00 SCALE AS NOTED DRAWING NUMBER Al N423-E1 REV 2 6 MODEL UPDATED — YES 0 N0 0 CA00 FILE NO.: A1N423E1.0WG REDUCED PRINT SCALES VR• I l l 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1/4• I I l 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 3/8I I I I I I I I I I I I I 0 4 0 12 10 20 :a M OE L 0 : • : tl 1� 1 IE 1 { • g D I m . n I c m N A G N -. 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TREK( PHONE: PLACE (2) IN TELCO TREI O m2 Zm z 000 ;A MA21A ym m opNaOO mn, ..o. mA -ON Opq gC(C Zz O O N O/ N O/ N O/ O/ t+ O/ J O/ N O/ W O/ O O/ O/ J N 1� / G 0\1 O/ O\6im,1 O/1 / O/$ r - FZS- N 0rn Zm rf rn D_0 >> IM aOCAsOD 0PA„ J �m 1 0 — Ft3 p O ' a 1 4 p z _°o OO; AOmOf O O h p E.2 y JJNZ cZNo N 8 8 4c W O 0/0/0)0/ oOl N• A O04 O: N ' N • O\Ol O\ Ol O\ Ol Ol Ol O\ 0f0J 0J 0J 01 0J 0) 0) 0J A OloOlo 0l N 0J 1 OJ 00Ho I j DT-Z ow __6 mrun d ❑ o g,og Sgym° B NCGu xAN m oAo;m N i ~ A my myN C[TIr m" A 0 + o m ;o ar a N mA v. N 9 G m �� mxi O m p0 — D 0 GZZZm 3 o"9 1g:a Fla m o VERIFY WITH Uil VICAL INTERLOCF ER SWITCH REC _-' SURGE SUPP. ©s©© z i FIX a 0 o\ g z FILE UPDATED - YES 0 NO 0 YODEL UPDATED - TES❑ N0 0 CA00 FILE NO.: A1N423E2 .DWG g33 � 'D2g zH; I $m 8 .wc S in U a OO 0 2p 1naR DESIGNED AY DATE N. PERRUS OB/26/00 m p P k :D o A k 8 A O O o A w 8 N SCALE DRAWING NUMBER REV AS 60100 A1N423-E2 Q 1754 WASHINGTON AVENUE STILLWATER, MINNESOTA 55082 STILLWATER A1N423 ELECTRICAL SCHEMATIC REFERENCE DRAWINGS: 1 • REDUCED PRINT SCALES PLOTTED: O 1 1 1 A 0 1 u IAI I I Id0 I vu[ Planning Commission DATE: May7,2010 APPLICANT: Justin and Krishell Bigger CASE NO.: 10-18 REQUEST: The applicants are requesting variances in order to construct a 5' by 23'4" front deck. The variances include: 1. A variance to the minimum lot size. (10,000 square feet required/7,500 square feet proposed) 2. A variance to front yard setback for the main desk structure (30 feet required/27.5 feet proposed) and front stairway off of the deck (27 feet required/25.5 feet proposed) LOCATION: 1316 Oak St W COMPREHENSIVE PLAN DISTRICT: SFLL - Single Family Large Lot ZONING: RA - One Family Residential PC DATE: May 10, 2010 REVIEWERS: Community Dev. Director PREPARED BY: Michel Pogge, City Planner BACKGROUND Property owners Justin and Krishell Bigger have requested a variance to add an open deck on the front of their home 1316 Oak St W. The original home was constructed in 1959. The home was placed 32.5 feet from the front property line. The new deck is proposed to extend five feet off of the front of the home which will cause a 2.5 foot encroachment into the required front yard setback. Additionally, steps are proposed to extend two feet beyond the front of the deck. 1316 Oak St W Page 2 DISCUSSION In order to allow for the Bigger's to proceed with the deck, they need approval of a variance from City Code Section 31-305 (b)(1) which requires a 30 foot front yard setback. In this case, the applicant is requesting approval to encroach 2.5 feet into the required front yard setback in order to construct the deck. Additionally, City Code Section 31-514 allows steps to encroach 3 feet into the setback making the required setback 27 feet. In this case, the steps will encroach 1.5 feet into the front setback. Additionally Chapter 31-305 (b)(1) relates to minimum massing standards in the RA zoning district. The current lots size is 7,500 square feet and the RA zoning district requires 10,000 square feet for a single-family lot. The lot was platted in 1856. At some point, prior to the home being constructed, the lots were reoriented to their present day configuration. 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 property at 1316 Oak St W is a rectangular 75' by 100' lot. The original area was platted in 1856. At some point, prior to the home being constructed, the lots were reoriented to their present day configuration. The original home was constructed in 1959 and its location on the property was set prior to the property owner's purchase of the property. The location of the home nor the lot configuration were created by an act of the property owner. 2. A variance is necessary for the preservation and enjoyment of substantial property rights; and, if granted, would not constitute a special privilege not enjoyed by neighbors. This property is zoned RA, one -family residential, which allows single family uses. The deck will meet all other requirements of the code. Therefore, staff believes the front setback requests and lot size variance are acceptable. 1316 Oak St W Page 3 3. The authorizing of the variance will not be of substantial detriment to adjacent property and will not materially impair the purpose and intent of this section or the public interest nor adversely affect the comprehensive plan. The open deck as proposed should not affect views and overall massing of the structure, which the code attempts to protect. 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. There is a hardship peculiar to the property not created by the property owner. 2. That the proposed variances are necessary for the preservation and enjoyment of substantial property rights possessed by other properties in the same district and in the same vicinity; and that a variance, if granted, would not constitute a special privilege of the recipient not enjoyed by his neighbors. 3. That the authorizing of the variance should not be of substantial detriment to adjacent property. ALTERNATIVES The Planning Commission has the following options: 1. Approve the requested variance to encroach 2.5 feet into the required front yard setback with a deck and an additional 2 feet with steps with the following conditions of approval: a. All revisions to the approved plan shall be reviewed and approved by the Planning Commission. b. The variances to encroach into the required front yard setback shall be limited to the porches shown on the site plan dated April 26, 2010 as on file in the Community Development Department. 2. Deny the requested. 3. Continue the public hearing until the June 14, 2010 Planning Commission meeting. The 60-day decision deadline for the request is June 14, 2010; however, staff can extend it an additional 60 days if necessary. RECOMMENDATION Review and take an action Attachments: Applicant's Form, Site Plan, and exterior elevations. Case 10-18 1316 Oak St W - Bigger N A 0 12.5 25 50 75 100 1 inch = 50 feet City of Stillwater, MN Feet Community Development Department 216 North Fourth Street Stillwater, MN 55082 651-430-8820 — 651-430-8810 fax Community Development Department City of Stillwater 216 North Fourth Street Stillwater, MN 55082 Dear Planning Administration, We are applying for a Variance for our property at 1316 Oak St W to build an open deck on the front of our house. We have included plans for the deck, as well of pictures of our property (1316 Oak), our neighbor's property who currently have a deck we are attempting to emulate (1304 Oak) and a view from both of these properties from the property that resides between our properties (1310 Oak). I am applying for this variance as I do not believe that this project will cause disharmony, be injurious or otherwise be detrimental to the neighborhood. On the contrary, we are requesting this variance to further the harmony that exists within our neighborhood. We love our neighborhood, we enjoy the camaraderie between neighbors and the children of the neighborhood. We hope to have a front deck to participate in this exchange between neighbors in a more pleasant and frequent basis, as we currently must use lawn chairs or blankets to participate in conversations with neighbors passing by or when caring for children that are playing on the block. We hope that you will take this into consideration in reviewing our request, as we love the City of Stillwater and our neighborhood and hope to live there for the rest of our lives. We hope you will take the following points into consideration for review: 1. A front deck of this type was already permitted and approved on the same street, one house away from ours (1304 Oak). 2. All houses on this block are all equidistance from the street and we would not be altering the setback created when the front deck was built at 1304 Oak. 3. Our proposed front deck project will be an open design, and will not be restricting any viewing capabilities. 4. We have worked hard in our 2 % years as Stillwater/Oak Street residents to enhance our property to add value to our neighborhood. 5. We believe our proposed project will not only improve the physical appearance of our property but will also add greater fellowship to our neighborhood and be in the spirit of what makes Stillwater such a great place to live. Thank you for your time and consideration in this matter, Justin and Krishell Bigger 1316 Oak St W Stillwater, MN 55082 Cvcrod- sitdc Z1 Plod k 1•11•1" Vicinity Map 0 20 Scale in Feet Location Map 4 ; 0 3 0 c ti- r▪ ti )‹. NJ OS/ NJ *.) SJ1 L. 3 ' | `-- / ( 7 - ( | / | | � | < ___ \ �------� -- [ _ ^ / \�. 4/14/2010 Goo maps 1316 Oak St W - Google Maps Address 1316 Oak St W Address is approximate Save trees. Go green! Download Google Maps on your phone at google.com/gmm 0^Do http://maps.google.com/maps?f=q&so... 1/1 4/14/2010 GO . e' maps 1304 Oak St W - Google Maps Address 1304 Oak St W Address is approximate Save trees. Go green! f I Download Google Maps on your phone at google.com/gmm http://maps.google.com/maps?f=q&so... 1/1 4/14/2010 Go e maps 374 Center St S - Google Maps Address 374 Center St S Address is approximate Save trees. Go green! Download Google Maps on your phone at google.com/gmm Vc% http://maps.google.com/maps?f=q&so... 1/1 4/14/2010 �0() maps 1310 Oak St W - Google Maps Address 1310 Oak St W Address is approximate Save trees. Go green! Download Google Maps on your phone at google.com/gmm http://maps.google.com/maps?f=q&so... 1/1 4/14/2010 1310 Oak St W - Google Maps Go�t , maps Address 1310 Oak St W Go Address is approximate Save trees. Go green! Download Google Maps on your phone at google.com/gmm http://maps.google.com/maps?f=q&so... 1/1 Planning Commission DATE: May 6, 2010 APPLICANT: Samy Youssef CASE NO.: 10-19 REQUEST: A special use permit for outdoor dining for Aristo LOCATION: 1180 Frontage Road W COMPREHENSIVE PLAN DISTRICT: BPC - Business Park Commercial ZONING: BP-C - Business Park - Commercial PC DATE: May 10, 2010 REVIEWERS: Community Dev. Director PREPARED BY: Michel Pogge, City Planner BACKGROUND The applicant, Samy Youssef, is requesting a special use permit to allow outdoor dining for Aristo. The patio area is proposed to be located in the southeast corner of the site. Outdoor Dining vs. Picnic Area It is important to articulate the difference between outdoor dining and a picnic area. A picnic area is simply and area where people can eat and no wait staff is provided. Once you have waiters and waitresses the area is considered and outdoor dining area. In Mr. Youssef's application he has indicated that the patio will be used for customers that chose to have their food to -go and there would be the option for the customer to be waited on. Since wait staff will be available on the patio it is considered outdoor dining. As such, the applicant must submit to the Metropolitan Council for a wait Service Availability Charge (SAC) determination. If the Metropolitan Council assesses a SAC fee then all SAC and WAC fee shall be paid prior to instillation of the patio. J 200 Chestnut St E Page 2 EVALUATION OF REQUEST Special Use Permit Sec. 31-207(d) of the City Code states that a Special Use Permit can be approved if the Planning Commission finds that: (1) The proposed use conforms to the requirements and the intent of the Zoning Ordinance, the Comprehensive Plan, and any relevant area plans. The proposal meets all requirements of the code and will meet the City off- street parking requirements. (2) Any additional conditions necessary for the public interest have been imposed. Miscellaneous • All changes to the approved plans will need to be reviewed and approved by the Community Development Director. Any major changes will need to go to the Planning Commission and/or Heritage Preservation Commission for review and approval as appropriate. (3) The use or structure will not constitute a nuisance or be detrimental to the public welfare of the community. • Access to patio area Currently, access to the patio area from the building requires customers and wait staff to cross the parking lot. One possible consideration would be to reorient the parking on the north side of the building to 90 degree spaces and close off the drive line on the on the east side of the building allowing for a safe route for pedestrians. Staff recommends that this be made a condition of approval. • Staff finds no other issues. 200 Chestnut St E Page 3 ALTERNATIVES The Planning Commission has the following options: 1. Approve the requests in whole or in part. 2. Deny the requests. 3. Continue the request for more information. The 60-day decision deadline for the request is June 14, 2010 and the next Planning Commission meeting is scheduled for June 14, 2010. STAFF RECOMMENDATION Approve the special use permit and variance as conditioned. CONDITIONS FOR APPROVAL If the Commission chooses to approve the project, staff would recommend the following conditions of approval: 1. The application shall submit for a Service Availability Charge (SAC) determination to the Metropolitan Council. If the Metropolitan Council assesses a SAC fee then all SAC and WAC fee shall be paid prior to instillation of the patio. 2. The parking on the north side of the building shall be reoriented to 90 degree spaces and the drive on the east side shall be close allowing for a safe route for pedestrians. attachments: Applicant's Form and packet Smoking/ To -Go Patio Project 4/16/2010 The Project Location is on the South East corner of Lot # 1180. Materials and Outline of Construction The project square footage area is roughly in the shape of a triangle. The project consists of 7 Paver patio circles (total of 330ft2) with 2ft wide side walks leading to them, wood mulch, and a metal coated with vinyl railing in the shape of an L bordering the existing stairs (11 lnft) and along the patio area (651nft). There are two existing trees in the patio area that will remain. One tree is a pine tree. The second is a burr oak tree. No structural changes will be made anywhere on the lot. Use for Project The Patio area will be used for a smoking area or a to -go area. Customers will have an option to get their food "to -go." Doing this will not increase the capacity of the business. They will simply be moved to the picnic area. If customers wish to take their food and leave they may. The customers will be asked if they would like to be waited on. If so, there will be a waiter or a waitress to serve them. A trash bin will be provided for customers to keep the property clean and according to the health department. As there is no change to any structures a building permit is not required for this patio area project and thus there is no wack and sack required. As these facts exist this project should pass quickly and without complications. Pedestrian Crossing The Parking Lot exists with two (2) large entrances. Vehicles may maneuver in and out freely. If necessary, the owner is willing to add a crosswalk pattern on the ground or is able to rope off the small area needed for customers to walk safely from the building to the patio area. Ansto's Restaurant 1180 Frontage Rd W Stillwater, MN 55082 N< 74'-6" tome kea Grass 1180 37-0" Auto Traffic ►w1 Auto Traffic 65'-0" Auto Traffic Frontage Road Frontage Road a R21W RAW R19W T32N i32N T3 N� T31N DON R22Vk R21W R'OW Vicinity Map 0 102 Scale in Feet This drawing is Bs newt ofe compilation end iepeducbond Wdaeads es They appegarin yank.. Washington Carty TheThe d.wwg*i .efse.w . P.PAOSmb. WeYdgbnGmirybM nnldm bony ilcatlos. Soup= Washington county Stawyw, Office. tmee{(6e)aloms p..rdata based e".sm9ikona artW MO* W. 31. 2009 Mop piWt Mey 19, 2909 Case 10-19 Aristo N A City of Stillwater, MN I I I Feet Community Development Department 0 15 30 60 90 120 1 inch = 60 feet 216 North Fourth Street Stillwater, MN 55082 651-430-8820 — 651-430-8810 fax { Memo Community Development Department To: Planning Commission CC: Bill Turnblad From: Michel Pogge, City Planner Date: Thursday, May 06, 2010 Re: Solar Panels Message: The City Council directed staff to work with the Planning Commission and HPC on a standard for the regulation and placement of solar panels. Attached is a listing of communities around Minnesota and what, if any, ordinances they have in place to address solar panels. One of the more comprehensive ordinances in place is from the City of Woodbury. Their ordinance addresses most of the issues surrounding solar panel placements both related to freestanding and roof top installations. A copy of their ordinance has been attached for your review. Staff will begin a preliminary discussion on this topic at your May 10th meeting. From the desk of. Michel Pogge, AICP City Planner - City of Stillwater - 216 N. 4th Street • Stillwater, MN 55082 651.430-8822 -Fax: 651.430-8810 -email: mpogge©ci.stillwater.mn.us Sample of Solar Panels Regulations by Community City Standard Arden Hills Code does not currently address issue Brooklyn Park Solar panels follow same requirements' as main home Buffalo Code does not currently address issue Chanhassen Solar panels must follow same requirements' as main home. Golden Valley Roof solar panels follow same requirements' as main home, freestanding solar panels follow standards' of accessory buildings Hastings Code does not currently address issue Hutchinson Solar panels are exempt from height standard. Minneapolis Code does not currently address issue Mounds View Solar panels follow same requirements' as main home North Branch Solar panels follow same requirements' as accessory buildings Oakdale Code does not currently address issue Plymouth Solar panels follow same requirements' as main home Sherburne County Code does not currently address issue Shoreview Code does not currently address issue St Louis Park Solar panels must follow same requirements' as main home. Stillwater Code does not currently address issue Woodbury Has standards for both freestanding and roof top. Addressed safety and other areas. Willmar Code does not currently address issue ' Setbacks and height limitations Points to consider: 1. Accessory structures are generally allowed to be closer to a rear or side lot line than a home. 2. Accessory structures have more stringent height regulations than a home. 3. Whether home or accessory structural height and setback regulations are applied to solar panels, they probably ought to be prohibited in front yards and side front yards on corner lots. City of Woodbury 24-406 Solar energy systems. (a) Zoning districts. Solar energy systems in accordance with the standards in this section are allowed as a permitted accessory use in all zoning districts. (b) Standards. (1) Exemption. Passive or building -integrated solar energy systems are exempt from the requirements of this section and shall be regulated as any other building element. (2) Minimum Lot Size. In the R-4, Urban Residential Zoning District, a minimum lot size of 8,000 square feet is required for ground -mounted solar energy systems. (3) Height. Roof -mounted solar energy systems shall comply with the maximum height requirements in the applicable zoning district. Ground -mounted solar energy systems shall not exceed 15 feet in height. (4) Location. In residential zoning districts, ground -mounted solar energy systems are limited to the rear yard. In non-residential zoning districts, ground -mounted solar energy systems may be permitted in the front yard of any lot or the side yards on corner lots but shall not encroach in the minimum 20-foot landscaped area adjacent to public rights -of -way. (5) Setbacks. Ground -mounted solar energy systems including any appurtenant equipment shall be set back a minimum of 15 feet from all property lines and a minimum of 30 feet from all dwellings located on adjacent lots. Roof -mounted systems shall comply with all building setbacks in the applicable zoning district and shall not extend beyond the exterior perimeter of the building on which the system is mounted. (6) Roof mounting. Roof -mounted solar collectors shall be flush mounted on pitched roofs. Solar collectors may be bracket mounted on flat roofs. (7) Easements. Solar energy systems shall not encroach on public drainage, utility roadway or trail easements. (8) Screening. Solar energy systems shall be screened from view to the extent possible without reducing their efficiency, but are exempt from the strict requirements of Section 24-307(a)(10). Screening may include walls, fences or landscaping. (9) Maximum Area. In the R-4, Urban Residential, zoning district, ground -mounted solar energy systems shall be limited to a maximum area of 200 square feet. In other residential zoning districts, ground -mounted solar energy systems shall be limited to a maximum area consistent with the accessory structure limitations in Section 24-281(b) or no more than 25 percent of the rear yard, whichever is less. (10)Aesthetics. All solar energy systems shall use colors that blend with the color of the roof or other structure. Reflection angles from collector surfaces shall be oriented away from neighboring windows. Where necessary, screening may be required to address glare. (11)Feeder lines. The electrical collection system shall be placed underground within the interior of each parcel. The collection system may be placed overhead near substations or points of interconnection to the electric grid. (12)Deviations. Any deviation from the required standards of this ordinance may be permitted through an interim conditional use permit in accordance with Section 24- 407. (c) Safety. (1) Standards and Certification. a. Standards. Solar energy systems shall meet the minimum standards outlined by the International Electrotechnical Commission (IEC) ,the American Society of Heating, Refrigerating, and Air-conditioning Engineers (ASHRAE), ASTM International, British Standards Institution (BSI), International Electrotechnical Commission (►EC), International Organization for Standardization (ISO), Underwriter's Laboratory (UL), the Solar Rating and Certification Corporation (SRCC) or other standards as determined by the Community Development Director. b. Certification. Solar energy systems shall be certified by Underwriters Laboratories, Inc. and the National Renewable Energy Laboratory, the Solar Rating and Certification Corporation or other body as determined by the Community Development Director. The City reserves the right to deny a building permit for proposed solar energy systems deemed to have inadequate certification. (2) Utility Connection. All grid connected systems shall have an agreement with the local utility prior to the issuance of a building permit. A visible external disconnect must be provided if required by the utility. (d) Abandonment. If the solar energy system remains nonfunctional or inoperative for a continuous period of one year, the system shall be deemed to be abandoned and shall constitute a public nuisance. The owner shall remove the abandoned system at their expense after a demolition permit has been obtained. Removal includes the entire structure including transmission equipment. (e) Permits. A building permit and interim conditional use permit, if required, shall be obtained for any solar energy system prior to installation.