Loading...
HomeMy WebLinkAbout2011-06-13 CPC Packetr CITY OF STILLWATER PLANNING COMMISSION NOTICE OF MEETING MONDAY, June 13, 2011 The City of Stillwater Planning Commission will meet on Monday, June 13, 2011 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 May 9, 2011 MINUTES 3. OPEN FORUM The Open Forum is a portion of the Commission meeting to address subjects which are not a part of the meeting agenda. The Commission may reply at the time of the statement or may give direction to staff regarding investigation of the concerns expressed. Out of respect for others in attendance, please limit your comments to 5 minutes or less 4. PUBLIC HEARINGS. The Chairperson opens the hearing and will ask city staff to provide background on the proposed item. The Chairperson will ask for comments from the applicant, after which the Chairperson will then ask if there is anyone else who wishes to comment. Members of the public who wish to speak will be given 5 minutes and will be requested to step forward 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. 2011-14. A street vacation request for a small portion of Broadway Street North adjacent to 101 Ridge Lane located in the RA, Single Family Residential District. Leon and Sharon Thurmes, applicants. 4.02 Case No. 2011-15. A variance request to the front yard setback for the construction of a porch located at 1018 7th Avenue South in the RB, Two Family Residential District. Terrene Holdings, LLC, applicant. 4.03 Case No. 2011-16. A special use permit for a food cart located at 225 Main Street North in the CBD, Central Business District. Andrew Whalen, applicant. 4.04 Case No. 2011-04. Special use permits for properties related to the Comprehensive Plan rezoning. City of Stillwater, applicant. 4.05 Case No. 2011-04. Future land use map amendments related to the Comprehensive Plan rezoning. City of Stillwater, applicant. 5. OTHER BUSINESS City of Stillwater Planning Commission May 9,2011 Present: Mike Dahlquist, Chair, Aron Buchanan, Eric Hansen, Cameron Kelly, Mike Kocon, Anne Siess, Doug Menikheim and Scott Spisak Staff present: Community Development Director Turnblad and Planner Mike Pogge Mr. Dahlquist called the meeting to order at 7 p.m. Approval of minutes: Mr. Spisak, seconded by Mr. Kocon, moved to approve the April 11, 2011, minutes as presented. Motion passed unanimously. OPEN FORUM No comments were received. PUBLIC HEARINGS Case No. 2011-12 A special use permit for outside music at 103 Third St. S. in the CBD, Central Business District. Brent Banchy, American Legion Post 48, applicant. Community Development Director Turnblad reviewed the request to offer live music on the American Legion deck on Sundays, Memorial Day through Labor Day, national holidays and on the Saturday of Lumberjack Days. He said the proposal is to provide music from 4 to 8 p.m. and Sundays, with the hours of 6 p.m. to 10 p.m. on the 4th of July and the Saturday of Lumberjack Days. He noted that the City's nuisance ordinance prohibits outside music past 10 p.m. unless a waiver is granted by the City Council. He stated that last year the Council granted permission for outdoor music on a temporary basis; he said there was an issue regarding volume that was addressed by changing the orientation of the speakers, band stand etc. toward the river. He said there are a number of locations downtown that have outdoor music, with special use permits issued for all locations. He noted the City's ordinance specifies certain noise levels that are allowed at certain hours of the evening and for certain lengths of time. He said approval is recommended with a condition specifying the hours of 4 to 8 p.m. and 6 to 10 p.m. on the two days specified in the request and that the applicant abide by the nuisance ordinance. He noted this could be brought back to the Planning Commission upon substantiated complaint. On a question by Mr. Kocon, Mr. Turnblad said the request involves the same hours as last summer. Mr. Spisak asked how the noise ordinance is enforced. Mr. Turnblad said the first approach is to talk with management if there is a violation. If there is a disagreement regarding noise level, he said there is staff in the Public Safety Department trained to take decibel readings to verify the level. If there continues to be a problem that is not addressed, he said the permit would be brought back to the Planning Commission for review. Mr. Spisak asked if the City had done any noise studies downtown, in general, to determine if there is compliance with the ordinance. Mr. Turnblad said a study has not been done, but the ordinance includes an ambient, background, level of noise that is considered to be acceptable by the MPCA; those levels are metered when officers do sound level checks. Mr. Turnblad explained that there are several other measurements taken, including a certain volume level over a certain length of time and absolute peak volume. Mr. Dahlquist noted the letter from the applicant mentions four special events that are not included in the requested dates; Mr. Turnblad stated for special events, the applicant would go directly to the City Council for a one-time permission to have music later or on a different night that in the special use permit. 1 City of Stillwater Planning Commission May 9, 2011 Mr. Banchy was present. He said at present there are no special events scheduled but said the Legion would like the ability to have four such events. Mr. Turnblad said it might be possible to cover that in the special use permit as long as the music doesn't run past 10 p.m. Mr. Banchy noted they have redirected the speakers to face east and said they would continue to work with neighbors to minimize the impact of the noise. Mr. Spisak asked about the band; a representative of the Legion said it is a five -member band that plays '50s and '60s type music. Mr. Turnblad asked about the special events; the Legion spokesperson said the music would not go past 10 p.m. and the events would not be scheduled during the week. A Legion spokesman said they would take responsibility for ensuring the music is in compliance with the regulations for the special events. In discussion, the Legion representatives stated they have had no special events with music during the last couple of years. Mr. Dahlquist opened the public hearing. Pete Groth, 115 Myrtle St., said the issue is not with the dates or weddings, the issue is with how much noise there has to be. He suggested having an officer check the noise level and ask that the volume be turned down if the officer can hear it from his squad a block away. He said it is when the music goes across the street and into the next block that there is a problem, especially when the bass is played. He also said there is a problem with bands playing in the park. He also suggested the City ought to have signs at Third Street identifying a "low noise zone," speaking of the problem of noise created by motorcycles. Carrie Fee, 105 Chestnut St., said she enjoys living in a city where there is outdoor music, suggesting that is part of what makes businesses successful and why tourists visit the City. She said the music is for families and said she appreciates the music. Steve Genan, 231 Third St. N., said they had called numerous times to complain last year, even after the Legion did the changes to the speakers, etc. He said the music is still so loud that things rattle inside their house when the bass is played. He suggested Stillwater will be known as the City of Noise as there is noise everywhere. He said the concern is not with the music but the fact that it can be heard a block away. A resident of Fourth Street and representative of the American Legion noted that there is noise in a city -- that is part of living in a city. He referred to the difficulties being experiences by American Legions and VFWs and said the Legion is just trying to bring in a little extra income to keep the business alive all year by offering the music in the summer. A resident of Fourth Street South said the music doesn't bother her, in fact she enjoys going downtown to hear the music. She also suggested that people come here because they love being by the river and love being outside. She spoke in favor of free enterprise and free choice. No other comments were received, and the hearing was closed. A representative of the Legion addressed comments regarding volume, saying the volume has been turned down to the point where the audience will have to be issued headsets if it is turned down any lower; he also addressed comments that police have not responded to complaints in the past, saying they have responded and have been very cooperative in working to address any problems. 2 City of Stillwater Planning Commission May 9, 2011 Mr. Spisak expressed concern about how noise levels are monitored, referring to decibel levels, some of which can be exceeded by a vacuum cleaner, and how a business can comply with the ordinance. Mr.. Kocon noted this location is downtown, in a commercial district where music is allowed outside by special use permit, and he noted the request involves 60 hours during the course of a year. Mr. Kocon said he didn't believe the proposed hours, 4 to 8 p.m. and 6 to 10 p.m., were onerous; he said he thought outdoor music is key to a vibrant community and key to a vibrant downtown. Ms. Siess suggested that the four special event dates ought to be specified. Mr. Dahlquist noted the special events are not part of the proposal before the Commission. Mr. Kocon moved approval of the special use permit, with the stated conditions A, B and C, as listed in the staff recommendations. Mr. Hansen seconded the motion; motion passed unanimously. Case No. 2011-13 A variance to the size regulations for garages for construction of garage units at 516 Myrtle St. W. in the RB, Two Family Residential District. Steve Thron, applicant. Mr. Pogge reviewed the request and staff recommendations. He reviewed the three criteria for the granting of a variance, noting a very recent change in state law has changed the previous hardship criteria to a "practical difficulty" standard. He said staff finds that all three criteria have been met and approval is recommended as conditioned, with an additional condition that the garage go no farther west than the existing power pole. Mr. Kocon noted this involves a very large lot, so with the apartment units and garage as proposed, lot coverage would still be only 10% coverage, while 25% coverage is allowable. Mr. Pogge pointed out that if they were to build an accessory building allowable by ordinance, 10% of the lot area, they would be well under what would be allowed. Mr. Spisak asked if the new garage would meet setbacks; Mr. Pogge responded in the affirmative. The Throns were present and said they would be meeting all setback requirements and noted their insurance company will not even insure the existing structure because it is in such bad condition. Mr. Thron said the neighbors are in support of a new structure. Mrs. Thron said they intend to keep the same salt -box design of the new garage. Mr. Dahlquist opened the public hearing. Steve Wahlquist, who lives just to the north of the Throns' apartment building, spoke in favor of the new garage with the conditions. He said he favored the new garage primarily because it will improve the appearance of the property and get rid of an eyesore. No other comments were received, and the hearing was closed. Mr. Kocon moved to approve the variance request with the four conditions recommended by staff. Ms. Siess seconded the motion; motion passed unanimously. Case No. 2011-10 A special use permit to allow early childhood education in the RB, Two Family Residential District, by special use permit to construct an early childhood education facility at 523 March St. W. in the RB, Two Family Residential District. Steve Erickson, BWBR, representing Stillwater Area School District. Continued from the April 11, 2011, meeting. 3 City of Stillwater Planning Commission May 9, 2011 Community Development Director Turnblad noted this was tabled at the last meeting to get additional information from the applicant, specifically related to traffic and circulation, both vehicular and pedestrian, growth projections, more details on the facade of the building and setbacks. Mr. Turnblad reviewed the additional information related to traffic. He said the School District's consultants did traffic counts in several different locations on an hourly basis and projections of how those hourly counts could impact traffic. He said traffic from the early childhood education facility, at maximum capacity of 400 students, has minimal impact during peak hours of the junior high traffic as it is distributed throughout the day; even at the peak hours for the early childhood facility traffic, he said the increase in traffic is minimal. Mr. Turnblad noted the parking lot has been rearranged to address the concern about pedestrian circulation/safety and showed graphics of the changes made subsequent to the last meeting. Mr. Turnblad reviewed some of the details of the facade. He also reviewed the proposed setbacks, all of which exceed the setback requirements for the RB District. Mr. Turnblad noted the Commission is to determine whether the special use permit criteria are met for this site, not whether another site might work; he noted that staff believes the special use permit criteria can be met with the recommended conditions and recommends approval. Ms. Siess asked whether the traffic study counts represented vehicles; Mr. Turnblad stated the studies represent trips, not vehicles. Mr. Kocon noted the studies indicate the maximum impact on Holcombe is 20 cars at an off-peak time of 11 a.m., with similar impact on Sixth Street. Mr. Spisak asked if the changes to the parking lot configuration impacted the number of spaces; Mr. Turnblad said there is a loss of about 40 spaces, but there is still a surplus of spaces over what is required at full enrollment. Ray Queener, Stillwater Area Schools, spoke briefly about the traffic studies and said they believe the counts reflect the maximum, worst case scenario. Steve Erickson, BWBR, provided graphics of the building elevations and details about building materials; he spoke of the use of windows and roof forms to maintain a residential feel to the building and break up the massing. There was discussion about a grass strip in the parking lot and how a pedestrian would be able to get across that in the winter; it was noted the intent is to have some type of maintained walkway though that area. Ms. Siess asked about signage of the lot; it was stated that has not been determined at this point. Mr. Hansen asked about deliveries to the building; it was noted that there is a designated area for trash pickup but most daily deliveries would be minor and likely use the front entrance. Mr. Dahlquist asked about efforts to encourage traffic flow to the south and east to take some of the peak off Holcombe Street; Mr. Erickson stated having two distinctly different entrances into and out of the parking lot is, at this point, the primary mechanism that spreads the traffic out, providing people the option of proceeding north on Holcombe or north/south on Sixth. Mr. Spisak asked about square footage; Mr. Erickson stated the building is still about 45,000 square -feet. Mr. Spisak asked about future space needs; Mr. Queener said the building provides for enough space to accommodate another 100 students served, with the remaining square footage for interior mechanical rooms and dedicated space for the two partners, Independent School District 916 and Courage Center St. Croix. Mr. Kocon asked about the location of the playground considering the issue with property lines with some residents on Holcombe; Mr. Erickson stated the playground has been moved a bit south, about 20 feet, of the previous plans. Mr. Hansen asked about idling buses; it was noted that as much as the School District can control its contractor, the District can request that the idling be minimized as well as take other steps, such as having staff waiting to get kids from the buses in the winter, to minimize idling. 4 City of Stillwater Planning Commission May 9, 2011 traffic increases, even on the most impacted streets, are relatively small in comparison to what is already there and far smaller than the peak hours on those streets. Mr. Dahlquist said what wasn't addressed to his satisfaction is flow through the site, but said he didn't think that opportunity goes away if this special use permit is approved. Mr. Kocon moved approval of the special use permit with the three conditions of approval as listed in the agenda packet. Mr. Buchanan seconded the motion. Motion passed 5-2, with Ms. Siess and Mr. Spisak voting no. It was noted this will go before the City Council at its May 17 meeting, with another public hearing at that time. Case No. 2011-14 A rezoning of certain properties within the City of Stillwater to make them consistent with the 2030 Comprehensive Plan. City of Stillwater, applicant. Continued from the April 11, 2011, meeting. Mr. Turnblad noted this was tabled for review by the Parks Commission and recommendation regarding what the front setback ought to be for park buildings. He said the Parks Commission recommended approval of some revised language, indicating that all setbacks be 50 feet from property lines, but allowed, by special use permit, to be closer than 50' from the front setback if a building's function is improved or it makes sense and is reasonable to place it in a closer location. Mr. Dahlquist noted that dog park has been added to this new zoning district; he questioned whether there would be an issue with the minimum size for golf courses should an existing nine -hole course be split off from the 18-hole course. Mr. Turnblad said he would check into the usual sizes for nine -hole courses and bring that recommendation to the City Council. Mr. Dahlquist questioned whether the special use permit for facilities less than 50' from the front setback should specify that is only from public right-of-way. Mr. Turnblad said the Parks Commission thought that any property line was appropriate in some instances. Mr. Pogge pointed out a lot of the City's parks are in residential areas so it is difficult to meet a 50' setback from every property line. Mr. Spisak asked about the footnote dealing with impervious cover and asked whether than would preclude requiring mitigation; Mr. Turnblad said a use would still have to abide by the rules of the various watershed districts. Mr. Dahlquist opened the public hearing. No comments were received, and the hearing was closed. Mr. Spisak moved to recommend approval by the Council with the three changes included in the staff recommendations. Ms. Siess seconded the motion. Motion passed unanimously. OTHER BUSINESS Update on pedestrian walkway — Mr. Pogge provided a brief update on plans for the pedestrian walkway and design for the restroom facility. He said the Council has settled on a formal walkway design with gathering space; he said is hoped plans will be finalized in July -August, with construction possibly beginning yet this fall. Meeting was adjourned at 9:25 p.m. on a motion by Mr. Kocon. Respectfully submitted, Sharon Baker Recording Secretary 7 Planning Commission DATE: June 7, 2011 CASE NO.: 11-14 APPLICANTS: Leon & Sharon Thumes REQUEST: Street vacation of a portion of North Broadway St LOCATION: Southeast of 101 Ridge Lane Drive COMPREHENSIVE PLAN DISTRICT: LMDR - Low/Medium Density Residential ZONING: RB - Two-family District PC DATE: June 14, 2011 REVIEWERS: Community Dev. Director, City Engineer, and the Stillwater Board of Water Commissioners PREPARED BY: Michel Pogge, City Planner.!' DISCUSSION Leon & Sharon Thumes, property owners of 101 Ridge Lane Drive, have completed a survey of their property and home. The survey shows an undeveloped triangular portion of North Broadway St in the southwest corner of their lot, which they are requesting that the City vacate. The area of the requested street vacation is 535 square feet. The Thumes would like to have this portion of Broadway St vacated in order to create a more uniform property line. Currently on this site, there are a set of stairs, retaining wall, and other landscaping features installed and maintained by the Thumes'. Additionally, the survey showed a public storm sewer main on their property and outside of any easement. The Thumes' are proposing to convey a storm sewer easement to the City that will cover the exiting storm sewer main. The total proposed easement area is 535 square feet. Thurmes ROW Vacation Request Page 2 EVALUATION OF REQUEST When considering if publicly owned property should be vacated there are three basic items the City considers. A. Whether the property is or is likely to be necessary or desirable for any public purpose within the reasonably foreseeable future. a. The area contains no known public utilities. The vacation request shows that they would convey a storm sewer easement along the south side of the property for an existing storm water main. B. Any term, condition, reservation, or dedication of any easement or interest in the property necessary or desirable for public purposes and permitted by law. a. Other than obtaining an easement over the existing storm sewer main, City Staff does not believe any other terms, conditions, reservation, or dedication is needed. C. The street vacation has a public benefit and is not being vacated for the sole benefit of an adjacent property owner. a. With the proposed vacation the property owner is dedicating an easement over an existing storm sewer main which is currently outside of any easement or right-of-way. With this dedication staff finds that the public is benefiting and the vacation is not for the sole benefit of the adjacent property owner. FINDINGS The right-of-way that is request to be vacated currently has no public purpose or use. The vacation as conditioned would not be injurious to the neighboring properties and otherwise detrimental to the general public if the property were vacated. There appears to be a public benefit in vacating right-of-way and is not at the sole benefit of the adjacent property owner. ALTERNATIVES The Planning Commission has the following options: 1. Recommend that the City Council approve the right-of-way vacation request. Staff would suggest the following conditions for approval: a. A storm sewer easement for the public storm sewer main be conveyed to the City that covers the existing storm sewer main on the property. 2. Recommend that the City Council deny the right-of-way vacation request. 3. Continue the public hearing until the July 11, 2011 Planning Commission meeting. The 60 day decision deadline for the request is August 18, 2009. STAFF RECOMMENDATION That the Planning Commission recommend City Council approve the vacation requested as conditioned. Attachments: Applicant's request and Certificate of Survey. water. THE BIRTHPLACE OF MINNESOTA 5Vid-611- ietatia-50-7( Fee Receipt No. City of Stillwater PETITION TO VACATE PUBLIC STREET The Undersigned Hereby Petition That All That Portion of See a eete4eof dotw7de % f ( Book 2o4/ O•F ABUTTING LOTS 2.3 PesA , Block 32 CA/I; 4-St)ty n44ty:S Addition, in the city of Stillwater, hereby be vacated. NAME kt oof "f SA4 ron 7 ✓rover ADDRESS 10/ Ri I, : La4.4. *Attach a map showing the street to be vacated. S:\Planning\street vacation application petition.wpd CITY HALL: 216 NORTH FOURTH STILLWATER, MINNESOTA 55082 PHONE: 651-430-8800 1 Planning Commission DATE: June 7, 2011 CASE NO.: 11-15 APPLICANT: Terrence Holdings, LLC REQUEST: A 5.5 foot variance to the required 20 foot front yard setback for the construction of a porch LOCATION: 1018 7th St S COMPREHENSIVE PLAN DISTRICT: LMDR - Low/Medium Density Residential ZONING: RB - Two Family Residential PC DATE: June 14, 2011 REVIEWERS: Community Dev. Director PREPARED BY: Michel Pogge, City Planner DISCUSSION Terrence Holdings, LLC owner of 1018 7th St S is in the process of renovating the property. As part of the work, they are planning to add a front porch on the existing home. The original home was constructed in 1894 and is situated on a corner lot. The home currently is approximately 19.5 feet from the property line with 7th St S and 26 feet from the property line with Hancock St W. The new porch is proposed to extend five feet off the front of the home toward 7t11 St S, which will cause a 5.5-foot encroachment into the required front yard setback. Additionally, the new porch is proposed to extend 6 feet closer to Hancock St W, which will remain inside the required 20-foot setback. SPECIFIC REQUEST In order to allow for the applicant to proceed with the project as requested, they need approval of a variance from City Code Section 31-308 (b)(1) which requires a 20 foot front yard setback (14.5 feet requested). In this case, the applicant is requesting approval to encroach 5.5 feet into the required front yard setback in order to construct the porch. 10187th StS Page 2 EVALUATION OF REQUEST A variance may be granted only when all of the following conditions are found: 1. A practical difficulty 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 1018 7th St S is a rectangular 75' by 145' lot. The original home was constructed in 1894 and is a location on the property was done prior to the property owner's purchase of the property. The location of the home is a condition that was not created by an act of the property owner. The right-of-way area between the front property line and the back of the curb with 7th St S is approximately 20.5 feet which is greater than normally see in this area of the Community. Normally there is between 10 to 15 feet between the front property line and back of the street curb. Finally, within the Neighborhood Conservation District, the City goal is to have front porches on single-family homes. The practical difficulty in this case is that without a variance a reasonably sized front porch that extends in from of the home could not be build. 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 RB, two-family residential, which allows single family and two-family uses. With the addition of the porch, the lot will continue to meet the maximum lot coverage requirements as set out in the code. Therefore, staff believes the front setback request is acceptable. 3. The authorizing of the variance will not be of substantial detriment to adjacent property and will not materially impair the purpose and intent of this section or the public interest nor adversely affect the comprehensive plan. The proposed changes do not have any negative impact on the surrounding properties. The authorizing of the variance will not be of substantial detriment to adjacent property and not materially impair the purpose and intent of this title or the public interest nor adversely affect the Comprehensive Plan. 101871hStS Page 3 FINDINGS 1. There is a practical difficulty 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 5.5 feet into the required front yard setback. With an approval staff would recommend conditions of approval listed below. 2. Deny the requested variance to encroach 5.5 feet into the required front yard setback. 3. Continue the public hearing until the July 11, 2011 Planning Commission meeting. The 60-day decision deadline for the request is July 21, 2011. CONDITIONS FOR APPROVAL If the Commission chooses to approve the project, staff would recommend the following conditions of approval: 1. All revisions to the approved plan shall be reviewed and approved by the Planning Commission. 2. The variance to encroach into the required front yard setback shall be limited to the porch as shown on the site plan date stamped May 23, 2011 as on file in the Community Development Department. RECOMMENDATION Staff recommend that the Planning Commission approve the variance as presented. Attachments: Applicant's Form, Site Plan, and exterior elevations. PLANNING ADMINISTRATION APPLICATION FORM COMMUNITY DEVELOPMENT DEPARTMENT CITY OF STILLWATER 216 NORTH FOURTH STREET STILLWATER MN 55082 Special/Conditional Use Permit Variance Resubdivision Subdivision* Comprehensive Plan Amendment* ACTION REQUESTED Case No: /•°// —/ Date Filed: 5 /d-3 Fee Paid_ Receipt No.: �CO41r ✓(oo 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 all 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 requires City Council review then a total of twenty-eight (28) copies are required to be submitted. Review the Checklist to the Planning Administration Application Form for the complete list of required items that must be submitted. Any incomplete application or supporting material will cause your application to be rejected by the City. Required — Applications will be rejected without a legal description. A legal description is found on the deed to the property. Attach as an exhibit if necessary. 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 1018 7th Ave. South Assessor's Parcel No. 33.030.20.12.0094 (GEO Code) Complete Property Legal Description" Exc. N 15 ft. & all of Lot 14 subject to easement, Churchill Nelson Slauthter Addition Lot 13 Block 9 (*Required — Applications will be rejected without a legal description) Tax descriptions and property descriptions frorn the county are not acceptable. Zoning District -gg Description of Project Porch addition to the south east side of house "1 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 1 will comply with the permit if it is granted and used." Property Owner Representative Mailing Address 27101 Cedar Heights Circle If other than property owner Required. Terrene Holdings LLC City State —Zip Aitkin, MN 56431 Telephone No. 218=534-5495 Email thomasmiller9@hotmail.com Signature 714,7 Mailing Address City - State — Zip Telephone No. Ernail Signature (Signature is required) (Signature is required) 17% C:\DOCUMENTS AND SETTINGS \SWIEGAND\LOCAL SETTINGS\TEMPORARY INTERNET FILES \CONTENT.OUTLOOKIK6SUFJRY\PLANAPP.DOCX July 22, 2010 TERRENE HOLDINGS 27101 CEDAR HEIGHTS CIRCLE AITKIN, MN 56431 20 May 2011 Community Development Department City of Stillwater 216 North Fourth Street Stillwater, MN 55082 RE: REQUEST FOR VARIANCE 1018 7TH STREET SOUTH To the Planning Commission; I request a variance to add a covered porch to the south east side of the house located at the address above. The reasons for this request are as follows: 1. The Seventh Street is offset from the centerline of the property boundaries. The east setback of the property is in line with the east wall of the existing house. I request to add a five foot porch addition and thirty three inches of steps inside this setback. 2. An existing deck encroaches the setback by three feet. The deck is not compatible with the historic design and era of the house. I wish to add a covered porch that will match the original design of the house and will appeal to the historic homes in the neighborhood. 3e The covered porch will not have an impact on traffic visibility. 4. The covered porch will be no closer to Seventh Street as are many other structures to the North. Respectfully Submitted, Thomas Miller sj o of uSrE'de3, 09 X •O'H _00„ 0 0 010 0 0 0 0 0 0 0 0 1 u 0 0_ 0 0 0 0 0 f 0 nl N 1 RY38RYl..:L A7dt A co 1 a. Lu Z — I I 2/ I. 8/3X-KZ 'O•U O. 11 NISH WYl -H Ald t 9ZM2N co w En w T U CC Q LLI U z 0 0 c / / Itu . / / .~� ' ~ v 0 -7 Ri • kO 7". Case 2011-15 1018 7th St S N A I Feet 0 15 30 60 1 inch = 33.542818 feet City of Stillwater, MN Community Development Department 216 North Fourth Street Stillwater, MN 55082 651-430-8820 — 651-430-8810 fax Sjlllwater THE BIRTHPLACE OF YINNESOTA PLANNING REPORT DATE: June 7, 2011 APPLICANT: Andrew Whalen, Chow Hounds Inc LANDOWNER: North Star Bank REQUEST: Special Use Permit for Outside Sales LOCATION: 225 North Main Street ZONING: CBD, Central Business District PUBLIC HEARING:June 13, 2011 REVIEWERS: Chief of Police, Fire Chief REPORT AUTHOR: Bill Turnblad, Community Development Director CASE NO.: 2011-16 Andrew Whalen of Chow Hounds Inc would like to operate a vending cart business in downtown Stillwater. Mr. Whalen proposes to locate the cart in the private parking lot at the corner of Mulberry and Main Street. The property is owned by North Star Bank and was formerly the site of Ace Hardware. North Star Bank has given Mr. Whalen written permission to use the property for his vending cart. SPECIFIC REQUEST Vending cart businesses are considered "outside sales." Outside sales are allowed on private property in the CBD, Central Business District only if a Special Use Permit is issued for the business.1 Therefore, Mr. Whalen has requested the Planning Commission to approve a Special Use Permit for his business. EVALUATION OF REQUEST The Planning Commission may grant a Special Use Permit when the following findings are made2: City Code Ch. 31-1, Subd. 17(3)q 2 City Code Ch. 31-1, Subd. 30(1)d Whalen SUP Page 2 of 4 1. The proposed structure or use conforms to the requirements and the intent of this chapter, and of the comprehensive plan, relevant area plans and other lawful regulations; Since the vending cart is to be located in a privately owned parking lot, and not on public property or the sidewalk, City staff believes this finding can be made. 2. Any additional conditions necessary for the public interest have been imposed; 1. The vending cart shall not be parked on the site when not open for business. 2. A garbage can shall be provided by the business for customers. The garbage can must be located on private property and must be removed from the site when the cart is not open for business. 3. The business owner shall be responsible for obtaining a permit from the Washington County Health Department prior to beginning operation. 4. The Stillwater Fire Department must inspect the vending cart prior to initially opening for business each season, and at other times as deemed necessary by the Fire Department. 5. The Stillzvater Police Department is granted the authority to close the vending cart operation down on a particular day if the public's safety so warrants. 3. The use or structure will not constitute a nuisance or be detrimental to the public welfare of the community. The proposed vending cart location is a well lit parking lot on an open and clearly visible corner of Mulberry and Main Street. This aids in public safety. But, because of the site's openness, it may cause concern for the residents of Stillwater Mills. As with many Downtown activities, a balance will need to be found between allowing business to operate while being sensitive to the needs of Downtown residents. Perhaps in order to accomplish this, the hours and days of operation should be specified. ALTERNATIVES The Planning Commission has the following options: 1. Approve the requested Special Use Permit with the following conditions: a. The vending cart shall not be parked on the site when not open for business. b. The vending cart shall be parked and operating entirely on private property. c. A garbage can shall be provided by the business for customers. The garbage can must be located on private property and must be removed from the site when the cart is not open for business. d. The business owner shall be responsible for obtaining a permit from the Washington County Health Department prior to beginning operation. e. The Stillwater Fire Department must inspect the vending cart prior to initially opening for business each season, and at other times as deemed necessary by the Fire Department. Whalen SUP Page 3 of 4 f. The Stillwater Police Department is granted the authority to close the vending cart operation down on a particular day if the public's safety so warrants. 2. Deny the Special Use Permit. 3. Continue the public hearing until July 11, 2011 for the additional information. The 60 day decision deadline for the request July 19, 2011. RECOMMENDATION City staff recommends Alternative 1. attachments: Location Map Applicant's Information cc: Andrew Whalen Whalen SUP Page 4 of 4 Case No. 2011-16 Whalen Vending Cart Special Use Permit ill 1111'1hIR11lI 42255070002 MINNESOTA SECRETARY OF STATE MINNESOTA BUSINESS CORPORATION ARTICLES OF INCORPORATION Minnesota Statutes, Chapter 302A Fee S160.00 READ 1'xt, INSTRUCTIONS BEFORE COMPLETING THIS FORM. The undersigned incorporator(s) is au (are) individual(s)18 years of age or older, and adopts the following articles of incorporation. Note: A professional corporation governed under Chapter 319B must include an attachment with the following information: (This information is only required if this is a professional corporation.) 1. Statement that the Minnesota firm elects to operate and acknowledges that it is subject to Minnesota Statutes, Chapter 319B.01 to 319B.12. 2. List the professional service the corporation is authorized to provide under Chap. 319B, subd 19. ARTICLE'I — BUSINESS NAME Name of Corporation: (Required) (Must include a corporate or professional designation in their name.) Chow Hounds Incorporated ARTICLE II— REGISTERED OFFICE AND AGENT The Registered Office Address of the Corporation is: (Required) 5604 Park Place Drive St. Paul, MN Street Address (A PO Box by itself is not acceptable) City State The Registered Agent at the above address is: Linda L Butwinick Agent's Name (A registered agent is not required.) ARTICLE III — SHARES The corporation is authorized to issue a total of 2 share.) 55126 9127 Zip STATE C MINNESOTA D FILEDDIE S LIAR 18 2011 shares. (Must act ne ARTICLE IV - INCORPORATORS I, the undersigned, certify that I am signing this document as the person whose signature is required, or as agent of the person (s) whose signature would be required who has authorized me to sign this document on his/her behalf, or in both capacities. I further certify that I have completed all required fields, and that the information in this document is true and correct and in compliance with the applicable chapter of Minnesota Statutes. I understand that by signing this document I am subject to the penalties of perjury as set forth in Section 609.48 as if I had signed this document under oath, Linda L Butwinick Incorporator's Name Andrew D Whalen Incorporator's Name 5604 Park Place Dr. St. Paul Street Address City ls01 Heggen Street#210 Hudson Street Address City MN 55126 State Zip WI 54016 State Zip }Signature List a name, daytime phone number, and e-mail address of a person who can be contacted about this form. Linda L Butwinick Contact Name 612-508-3831 Phone Number lindabut winick a©comcastnet E-Mail Address 3D VIEW WATER TANK 5 GAL. WATER FILL UMBRELLA POLE HOLDER ICE BOX BUILT IN SQUEEZE BOTTLE RACK DOUBLE PROPANE BASKET CASTERING WHEEL WITH BRAKE BUILT IN STAINLESS CONDIMENT TRAYS WITH SLOTTED LIDS STAINLESS STEEL CONSTRUTION, LAST S FOREVER (NO CHEAP, POOR LASTING, ALUMINIUM) riH 4 I1 ti tl++! I' G � ,1- 4 ✓ G. � v' j 5 S h rt Z c Gj v i.� Y lu �-- p 4-00 k. u/ySLi Sth(L STORE & DISPLAY SWIVELLING GOOSE NECK FAUCET 3 X SINKS WITH HOT & COLD WATER 5 X 1/3 STEAM PANS WITH LIDS VENTS STEAMER CONTROL STAINLESS STEEL HANDLES STORAGE SECOND STORAGE COMPARTMENT ON RIGHT SIDE (SEE RIGHT VIEW) HIGHWAY TOWING LIGHTS 480 X 8 HI -WAY WHEELS PLANNING ADMINISTRATION APPLICATION FORM COMMUNITY DEVELOPMENT DEPARTMENT CITY OF STILLWATER 216 NORTH FOURTH STREET STILLWATER MN 55082 Special/Conditional Use Permit Variance Resubdivision Subdivision* Comprehensive Plan Amendment* ACTION REQUESTED Case No: Date Filed: Fee Paid: Receipt No: 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 all 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 requires City Council review then a total of twenty-eight (28) copies are required to be submitted. Review the Checklist to the Planning Administration Application Form for the complete list of required items that must be submitted. Any incomplete application or supporting material will cause your application to be rejected by the City. Required — Applications will be rejected without a legal description. A legal description is found on the deed to the property. Attach as an exhibit if necessary. 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 Assessor's Parcel No. (GEO Code) Complete Property Legal Description* (*Required — Applications will be rejected without a legal description) Tax descriptions and property descriptions from the county are not acceptable. Zoning District Description of Project "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 Mailing Address If of than property owner Representative �/ z /b � I Hr t( Mailing Address f/ f //e5 z 4,7S I 2j6 City - State — Zip L 1, i'k &r T#40 ,S.SI') City - State — Zip 2 47 Oi Telephone No. > S /— y8•) — 1 37 Telephone No. Email ti rd. I-.. , : e-Lr,.1-r Email 42 C Clri41! Signature Required ( Sioir .j f ft Signature G (Signature is required) C1DOCUMENTS AND SETTINGS\SWIEGAND\LOCAL SETTINGS\TEMPORARY INTERNET FILES \CONTENT.OUTLOOK\K6SUFJRY\PLANAPP.DOCX July 22, 2010 North Star Bank To whom it may concern: North Star Bank hereby gives permission to Andrew Whalen to operate a concession stand (hot dog cart) on the property located at 225 North Main Street in Stillwater, MN. This permission is conditional on the premise that the Operator carry a minimum of $1,000,000 liability insurance policy, and is valid for as long as North Star Bank owns the property or for the remainder of 2011, whichever is less. Steven J. Ritt Vice President 1820 North Lexington Avenue • Roseville, Minnesota 55113 • 651/489-8811 • Fax: 651-489-9541 4661 Highway 61 • White Bear Lake, Minnesota 55110 • 651/429-4531 • Fax: 651-653-9430 i11water. THE BIRTHPLACE OF MINNESOTA Memo Community Development Department To: Planning Commission From: Sheila Wiegand Date: June 8, 2011 RE: Public Hearings Case Nos. 2011-04, Special Use Permits and Future Land Use Map amendments related to the Comprehensive Plan Message: The above mentioned public hearings will be continued to the July 11, 2011 Planning Commission meeting.