Loading...
HomeMy WebLinkAbout2012-023RESOLUTION NO. 2012-023 RESOLUTION ADOPTING FINDINGS OF FACT, CONCLUSIONS AND ORDER RELATED TO THE DENIAL OF A DEMOLITION PERMIT CASE NO. DEM /2011 -55 WHEREAS, the City Staff has drafted Findings of Fact, Conclusions of Law and Order in support of the decision to deny a demolition permit for property located at 2007 Schulenburg Alley; and WHEREAS, the City Council held a hearing on the 31st day of January 2012 to give full consideration to all the evidence presented and due consideration. NOW, THEREFORE, BE IT RESOLVED, by the City Council the following: 1. That the Findings of Fact, Conclusions of Law and Order at as Exhibit "A" regarding supporting the decision to deny, (v prejudice, a demolition permit for property located at 2007 Alley, are hereby accepted and adopted. Adopted by affirmative vote of all the members of the City January, 2012. , Mayor ATTEST: 400000000, Diane Ward, City Clerk 31st day of STATE OF MINNESOTA COUNTY OF WASHINGTON CITY OF STILLWATER BEFORE THE CITY COUNCIL In Re: An appeal of the HPC decision to deny a Demolition Permit for a residential single family home - HPC Case 2011 -55 FINDINGS OF FACT CONCLUSIONS AND ORDER The City Council convened a Hearing in the Council Chambers of City Hall at 7:00 p.m. on January 31, 2012 to consider an appeal of the Stillwater Heritage Preservation Commission denial of a demolition permit for 2007 Schulenburg Alley. At the Hearing held by the City Council, the City Council considered: a) a report to the City Council prepared by Michel Pogge, City Planner; b) all public testimony; c) written material previously submitted by the applicant Nathan Jespersen and the property owner Rick Swanson; and d) the Planning file (HPC 2010 -55) prepared by City Staff for the Application. NOW, THEREFORE, based upon the documents that have been made a part of this file, upon the testimony of all those who offered it, and upon all the files, records and proceedings herein, the City Council makes the following: FINDINGS OF FACT 1. That the property at 2007 Schulenburg Alley, legally described on Exhibit "A" with a County Parcel Number of 21.030.20.14.0016, is owned by Richard Swanson and Richard Nauman. 2. The Washington County Assessor's office lists the home as being built in 1882. 3. Chapter 34 of the Stillwater City Code requires a demolition plan be submitted for all buildings older than 50 years of age that are proposed to be demolished. Page 1 of 4 4. The applicants submitted a demolition plan to the City on October 20, 2011. Said demolition plan included plans for a new home and garage along with other items required to be submitted as part of a demolition plan. 5. The Heritage Preservation Commission held an initial public hearing on the demolition request on November 7, 2011. Said public hearing was continued first to December 6, 2011 and again to January 4, 2012. 6. In a letter dated December 13, 2011 and in accordance with State Statue 15.99, the City extended the 60 -day review period for an additional 60 days. The review deadline is February 15, 2012. 7. At the January 4, 2012 Heritage Preservation Commission meeting, the Commission reviewed the application that was presented. At that meeting the Commission made a finding that the proposed house plans submitted as part of the demolition plan failed to meet the Neighborhood Conservation Design Review guidelines. As such, the Commission found that there is an alternative to the proposed demolition plan that would meet the intent of the ordinance and moved to deny the demolition permit. The motion passed unanimously. 8. On January 13, 2012, and within the required 10 -day appeal period, the applicant and property owner appealed the HPC action to the City Council. Said appeal was made on the grounds that applicant and property owner "feels that the HPC was in error to `deny' the demolition based on the home design — since the demo request is separate from the design request ". Page 2 of 4 9. Section 34 -5, Subd. 1 (6) requires that a person making application demolition permit to submit "proposed plans and schedule for reuse of the property on which the building or structure to be demolished is located ". 10. Based on the requirement that plans for reuse of the property are required to be submitted it is within the City's right to deny a demolition request if such plans run counter to existing rules, guidelines, and other regulations that the City has in place at the time of application. 11. Based on the January, 26, 2012 staff report prepared by City Planner Michel Pogge, the proposed house design fails to meet the City's Neighborhood Conservation Design Review Guidelines. Specifically the plans fail to meet guidelines 1, 2, 4, and 5. Said guidelines are required to be followed by City Code Section 22 -7 Subd. 5 (7). CONCLUSION OF LAW 1. That this matter was properly before the City Council pursuant to the procedure set forth in the City Code. 2. While house plans were submitted as part of the demolition permit application they fail to meet the terms of Section 22 -7 Subd. 5 (7) of the City Code. Page 3 of 4 L13 •1 • IT IS HEREBY ORDERED 1. The demolition permit is denied (with( ithou prejudice. Adopted by a uanimous vote of the City Council this 31 day of Jpaftry 2012. CITY OF STILLWA Ken AT EST: Diane F. Ward, Clerk Exhibits: A. Legal Description B. City of Stillwater Planning File DEM 2011 -55 Page 4 of 4 Legal description: The North 1/2 of Lot 3, Block 53, Carli & Schulenburg's Addition to Stillwater, together with the west 20 feet of vacated Lake Street accruing thereto. an d The South 1/2 of Lot 3, Block 53, Carli & Schulenburg's Addition to Stillwater, together with the west 20 feet of vacated Lake Street and that part of vacated Hazel Street accruing thereto described as All that part of the North half of platted Hazel Street and all that part of platted Lake Street, adjacent to Block 53, Carli & Schulenburg's Addition to Stillwater, according to the plat thereof on file and of record as Doc. No. 415049 in the office of the County Recorder of Washington County, Minnesota, more particularly described as follows, to wit: Beginning at the southeast corner of the vacated west 20 feet of Lake Street as it abuts said Block 53; thence westerly along the southerly line, of said Block 53 to a point 22.6 feet east of the southwest corner of Lot 3 of said Block 53; thence south at right angles 15.0 feet; thence east at right angles 27.0 feet; thence south at right angles 15 feet, more or less, to the southerly line of said North Half of platted Hazel. Street; thence easterly along said southerly line and its easterly projection to its intersection with a southerly projection of the easterly line of said vacated west 20 feet of Lake Street; thence northerly along said projected line 30 feet, more or less, to the point of beginning, subject to and reserving to the City of Stillwater an easement for snow storage purposes over this vacated portion. together with an easement over and across the South Fifteen (15) feet of Lot Three (3), Block Fifty -two (52), Carli and Schulenburg's Addition to Stillwater as set forth in Document no. 563778. ENTERED IN TRANSFER RECORD WASHING COUNTY, MINNESOTA A c,Itpok, MOLLY O' RK AUD OR- EASURER BY oZf..(9 0.ao. /t. oo /(o