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HomeMy WebLinkAbout2012-07-09 CPC PacketCITY OF STILLWATER PLANNING COMMISSION NOTICE OF MEETING MONDAY, July 9, 2012 7 p.m. The City of Stillwater Planning Commission will meet on Monday, July 9, 2012 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 June 11, 2012 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. 2012 -22. A variance to the sign regulations for Early Childhood Education and Stillwater Junior High School located at 1111 Holcombe Street South and 523 Marsh Street West in the RB, Two Family Residential District. Stillwater Area Public Schools, applicant. 4.02 Case No. 2012 -23. A variance request to the side yard setback for an addition located at 2632 Edgewood Court in the RA, Single Family Residential District. Jerad Rasmussen, applicant. 4.03 Case No. 2012 -24. A variance request to the required setbacks, accessory structure regulations and impervious surface regulations for the construction of a garage located 719 Myrtle Street West in the RB, Two Family Residential District. Eric Greeder, applicant. 4.04 Case No. 2012 -25. A zoning text amendment regarding Chapter 27, Section 27, for the keeping of chickens in the City of Stillwater. Tisha Palmer, applicant. 4.05 Case No. 2012 -08. An amendment to an existing special use permit for the construction of a rooftop deck and bar (Rafters) located at 317 Main Street South in the CBD, Central Business District. Larry Cramer, applicant. Continued from June 11, 2012 meeting. 4.06 Case No. 2012 -12. A ordinance text amendment regarding Chapter 27, Section 27 -3 the "Keeping of Bees ". City of Stillwater, applicant. Continued from June 11, 2012 meeting. 5. NEW BUSINESS 6. OTHER BUSINESS 6.01 First draft discussion of Marina Zoning Amendment. 7. ADJOURNMENT PLANNING COMMISSION MEETING MINUTES June 11, 2012 REGULAR MEETING 7:00 P.M. Present: Commissioners Chris Lauer, Cameron Kelly, Mike Rodriguez, Aron Buchanan, Mike Dahlquist, Eric Hansen, Anne Siess, Mike Kocon Absent: Commissioner Scott Spisak Staff present: City Planner Michel Pogge, Community Development Director Bill Turnblad Chairman Dahlquist called the meeting to order at 7:06 p.m. Chairman Dahlquist introduced the newest planning commissioner, Mr. Mike Rodriguez. APPROVAL OF MAY 14, 2012 MINUTES Motion by Commissioner Kocon, seconded by Commissioner Hansen, to approve. All in favor. OPEN FORUM No comments were received. PUBLIC HEARINGS Case No. 2012 -20. A variance to the front yard setback for the construction of a porch located at 921 7th Street South in the RB, Two Family Residential District. Matthew Hall, applicant. City Planner Pogge explained a six and a half foot wide porch is proposed to be added to the home. Normally a 20 -foot setback is required, 10.3 feet is requested. He presented photos of the current home and the plans for the porch. City Planner Pogge said the commission needs to look at the following criteria: is the request reasonable, is the plight of the property owner unique, and are the circumstances created by the landowner? Additionally, if granted, would the variance alter the essential character of the neighborhood? Is the nature of the request economic in nature? He reported that staff believes the proposal meets the requirements for granting the variance and recommends approval with two conditions. Chairman Dahlquist opened the public hearing at 7:14 p.m. No comments were received. The public hearing was closed at 7:14 p.m. The applicant was present. Commissioner Kocon stated he feels the porch will be a positive addition. 1 Commissioner Buchanan commented that the commission has approved similar requests. Motion by Buchanan to approve the variance with conditions as stated, seconded by Kocon. All in favor. Case No. 2012 -19. A variance request for the removal and construction of a garage located at 407 Linden Street West in the RB, Two Family Residential District. Tim Brown, applicant. Continued from the May 14, 2012 meeting. City Planner Pogge noted the original proposal was to construct a three -stall garage but the applicants have revised the plans to have a 28 foot wide facade facing the side street and 24 feet of depth. He said that staff believes this is more appropriate for the site, and all criteria has been met. Staff recommends approval. The applicant was present. Chairman Dahlquist opened the public hearing at 7:20 p.m. No comments were received. The public hearing was closed at 7:20 p.m. Commissioner Kocon noted that the applicant had changed the plans to comply with the commission's wishes, so he had no issues with the proposal. Chairman Dahlquist agreed that the redesign shows the applicant listened to concerns previously expressed. Commissioner Rodriguez said that the addition will enhance the area. Commissioner Hansen said it's nice to see changes being made based on the commission's recommendations and he supports the redesign. Motion by Commissioner Kocon to approve with the condition stated, seconded by Commissioner Siess. All in favor. Case No. 2012 -08. An amendment to an existing special use permit for construction of a rooftop deck and bar (Rafters) located at 317 Main Street South in the CBD, Central Business District. Larry Cramer, applicant. Continued from the May 14, 2012 meeting. Case was continued to the July 9, 2012 meeting. Motion by Commissioner Hansen to table, seconded by Commissioner Kelly. All in favor. Case No. 2012 -12. An ordinance text amendment regarding Chapter 27, Section 27 -3, the "Keeping of Bees." City of Stillwater, applicant. The commission discussed the issue of whether Stillwater should adopt standards to allow more beekeeping to occur in the city, in response to a request that the city council received from several hobbyist beekeepers. 2 Community Development Director Turnblad stated that current city ordinances allow beekeeping but because of the required 500 feet setback from all property lines, the regulations effectively preclude beekeeping due to the size of the lot that would be required. He said the issue of beekeeping has become a hot topic in many municipalities. The main points of controversy appear to be the bees' flight path, and swarming, which can be regarded as nuisances. He added that these can be addressed through careful management of a hive. Community Development Director Turnblad discussed minimal performance standards recommended by staff. In addition, in response to a question from Commissioner Siess, he recommended that beekeeping be limited to single and two- family zoning districts. In response to concerns from Commissioner Hansen, Community Development Director Turnblad said language could be included that describes the required setback in detail, to prevent, for instance, the bees use of a neighbor's nearby pool for water. Community Development Director Turnblad then reviewed the pros and cons of requiring a city permit for apiaries. He said it usually depends on the complexity of the ordinance. For example if the city wished to allow in -home sale of honey then it would make sense to require a permit, because a home business generates traffic; sometimes a permit is helpful because it has contact information for the person who manages the hives. He added that usually permits cost $10 -25. Commissioner Kelly questioned how much regulatory language related to the home occupation ordinance should be also included in the beekeeping ordinance. Community Development Director Turnblad proposed including details from the home occupation ordinance that also apply to beekeeping in the ordinance on beekeeping. Commissioner Kelly asked about requiring beehives be in the back yard. Community Development Director Turnblad said he has no problem adding this to the ordinance. Commissioner Rodriguez asked how the city can guarantee standards of practice such as water source or flight zone when a hive is set up, if permits are not required. Community Development Director Turnblad said beekeeping requires a certain amount of knowledge and an apiary usually will have someone inspect it before introducing the bees. Because the city enforces almost all its ordinances by complaint, this ordinance as proposed would rely on the honor of the beekeeper to do it right. He recommended against requiring an initial inspection, because there is no city staff available to do that. A master beekeeper could be required to sign off on the apiary before a permit is issued if the city desires. A permit would give the city a way to hasten enforcement of compliance issues. Commissioner Lauer (((((r? ???7?))))))) asked if there have been a lot of complaints about bees in Stillwater? Community Development Director Turnblad said not to his knowledge. 3 The commission discussed proposed standards of practice, specifically requiring that the beekeeper live on the lot, prohibiting nonresident employees, and requiring education and training for beekeepers. Community Development Director Turnblad pointed out that apiaries need to be monitored fairly frequently. If a beekeeper is on vacation, he believes the beekeeper would have to arrange for someone (unpaid) to tend the hives, because it's a hobby, not a commercial activity. He added that there are classes at the U of M for master beekeepers, and that Minnesota has a very active beekeeping community. Commissioner Lauer asked how large the water source needs to be. Community Development Director Turnblad responded it doesn't have to be large but has to provide constant water. Bees use a water source based on distance and sufficiency. Chairman Dahlquist opened the public hearing at 8:01 p.m. Representing the group known as the "bee group," Betsy Glennon introduced herself, Elizabeth Welty, Marcie Forsberg and Bob Sitko. Mr. Sitko is a master beekeeper who teaches beekeeping classes at Century College. Ms. Forsberg has a gardening business and she and Ms. Welty are members of Meadowland Community Garden in Stillwater Township. They have come together to try to get the ordinance amended to allow backyard hobby beekeeping. She thanked Community Development Director Turnblad and staff for gathering information in preparation for the meeting. The group made a presentation called "Why do we need bees ?" It addressed the types of bees, the flight radius, means of transporting pollen and nectar, as well as the foods that bees help produce. It also distinguished between honeybees versus wasps and hornets which are are much more aggressive. Mr. Sitko explained that he trains about 400 new beekeepers every year. None of them can do beekeeping in Stillwater because of the present ordinance. He said they are trying to get more people interested in beekeeping. Mr. Sitko explained the pollination process which is necessary for most of our food production, and outlined factors that are contributing to the declining bee population such as pesticides. Ms. discussed why beekeeping is beneficial: bees help gardens and fields within and beyond the city, beekeeping gets families outside doing activities together, and expands the connection to nature. She emphasized that Stillwater is a good location for bees because some residents don't use pesticides and there is a wide variety of plants. Ms. Forsberg added that the important thing is a fresh water source - bees will go up to a half mile to find fresh water but if they don't have to go that far, they won't. Water can be spiked with vanilla to attract the bees and discourage them from using other water sources. She summarized what makes a good site for bees. Selecting a docile breed of 4 bees, using standard equipment that is well maintained, and keeping up with beekeeping education makes for a successful operation. Chair Dahlquist allowed others in the audience an opportunity to speak on this topic. Jerry Lunzer of Grant, who said he has been a beekeeper since 1978, commented on organizations that benefit from his bees such as Blueberry Acres in Stillwater and a Chisago County apple orchard. He encouraged the council to pass an ordinance allowing beekeeping. Chair Dahlquist closed the public hearing at 8:32 p.m. Commissioner Siess asked if the group was in favor of requiring permits. Ms. Welty replied that if a beekeeper neglected their hives, they'd lose their bees which would be a loss of about $500 worth of equipment - beekeepers want to maintain their hives. Mr. Sitko said he wouldn't like to see a permit requirement because it costs the city to track them, and they require compliance inspections. Commissioner stated he would be in favor of the ordinance, and probably in favor of requiring a permit. He also agreed with proposed requirements a) hives in rear yard only; g) no beekeeping on multiple family lots and j) training required. Commissioner said he likes the idea of a permit. In response to a question from Commissioner about whether to require neighbors' consent, Community Development Director Turnblad replied that if the bees are well managed and there is no public safety issue, requiring neighbor's consent might needlessly prevent the apiary. Ben Rosene, Stillwater resident and husband of Betsy Forsberg, asked that the city not limit hives to backyards due to the unique configuration of their yard. He also doubted anyone would want to become a beekeeper without any training. Commissioner city? asked if there could end up being too many apiaries in the Mr. Sitko stated that orchards usually accommodate about two hives per acre. He said the City of Minneapolis permitted 47 beekeepers last year. He said he doesn't anticipate an over abundance of hives. Commissioner permit. (Hansen ?) said he would probably be against requiring a 5 Commissioner said a permit provides for a check to make sure the apiary is constructed right. Commissioner said a permit is a way to make sure it's done right in the beginning especially for those who may not know all that beekeeping entails. Commissioner keeping. agreed that a permit makes sense and provides for good record Chair Dahlquist asked for a show of hands who is in favor of a permit. All but one commissioner raised their hand. Commissioner Siess added that a permit gives the public confidence. The commission discussed whether beekeeping should be allowed at duplexes. Community Development Director Turnblad suggested including language stating that a resident owner of a two - family property make keep bees. Commissioners agreed this sounds good. Regarding the education requirement, Community Development Director Turnblad added that he would look at what Minneapolis requires as an example. He agreed to put together the second draft of the ordinance and bring it back to the commission, then it can be discussed and sent to the city council. He also suggested determining where hives may be located based on appropriateness of the individual site rather than restricting hives to backyards, but recommended at least a 25 foot setback or a flyway barrier. Motion by seconded by Kocon to table the issue to allow staff to come back with the second draft of the ordinance for review at the July meeting. All in favor. OTHER BUSINESS Discussion of amendment that would allow marinas in RB district Community Development Director Turnblad summarized that the marinas that exist today are nonconforming because they are not allowed in the RB zoning district, but operate under special use permit. This limits how much expansion can take place, also regulates land use changes and can make lenders nervous about a nonconforming status for a property. Staff suggests amending the ordinance to legitimize marinas by allowing them to continue to operate under existing special use permits in the RB zoning but change the zoning regulations to state that marinas are allowed by conditional use permit. He requested input on what other major accessory uses associated with marinas should be mentioned in the ordinance, for instance storage, a store, clubhouse or small restaurant. He asked if the commission would like to generically allow accessory uses, or consider each use specifically. 6 Commissioner Siess said she would like to see a list of possible approved accessory uses. Commissioner , on the other hand, said it might be better to look at the applicants on a case by case basis. Chairman Dahlquist suggested there would be things the city would inadvertently leave off the list, and in a few years it might be out of date. Community Development Director Turnblad offered to bring back a list of suggested allowable accessory uses for the commission to decide which way to go on the ordinance. He said a hybrid could be developed with the most common allowable uses, and a statement that other standard uses would be considered on a case by case basis. He informed the commission that he will bring first -draft language back delineating common uses for further consideration. The goal is to have something in place for next boating season, not this one. ADJOURNMENT Motion by Commissioner Kocon to adjourn, seconded by Commissioner . All in favor. Adjourned at 9:34 p.m. Respectfully submitted, Julie Kink Recording Secretary tI IWater F N E B I A T A I A C E QF M3Ntd E'_'•4 .d Planning Commission DATE: APPLICANT: REQUEST: LOCATION: July 6, 2012 CASE NO.: 2012 -22 Stillwater Area Public Schools A variance for a public information sign for new ECFC facility 1111 Holcombe St S COMPREHENSIVE PLAN DISTRICT: LMDR - Low /Medium Density Residential ZONING: HEARING DATE: REVIEWED BY: PREPARED BY: RB - Two - family District July 9, 2012 Community Development Director Michel Pogge, City Planner/ BACKGROUND With the construction of the new ECFC nearing completion, the Stillwater Acre Public Schools is looking to install directional signage that will direct visitors to the new ECFC, Junior High building, and other items of interest on the campus. Overall 7 signs are proposed. Five signs are on the edge of the campus and two are internal to the site. The sign code permits "bulletin boards or public informational signs not over 32 square feet located on the premises of public, charitable, or religious institutions ". Six of the seven proposed signs are below the 32 square feet and are permitted by right as public informational signs. The one sign (shown as sign #2 in the applicant's sign package) that does not meet this requirement is 40 square feet in size, is internal to the site, and located south of the new ECFC building. SPECIFIC REQUEST A variance to permit a 40 square foot public informational sign for the new ECFC building. Stillwater Area Public Schools Page 2 EVALUATION OF REQUEST The State of Minnesota enables a City to grant variances when they meet the review criteria below. 1. A variance may be granted when the applicant establishes that there are "practical difficulties" in complying with the Zoning Code. A practical difficulty means that the property owner proposes to use the property in a reasonable manner not permitted by the Zoning Code; the plight of the landowner is due to circumstances unique to the property not created by the landowner; and the variance, if granted, will not alter the essential character of the locality. Economic considerations alone do not constitute a "practical difficulty ". a. Is the property proposed to be used in a reasonable manner? The school site is zoned RB (two- family residential). In most cases, large signs are not appropriate in a residential sitting. In this case, the sign is internal to the site and is over 300 feet from the nearest residential dwelling unit. For these reasons, the request seems reasonable. b. Is the plight of the landowner due to circumstances unique to the property? As a public institution on a large parcel of land, this site is unique in both size and purpose. c. Are the circumstances created by the landowner? While the owner created the property and layout on the property, it purpose is quite different from a standard RB property. d. If granted, would the variance alter the essential character of the locality? Since the sign is internal to the site, it is hard to see how this request would alter the "essential character" of the locality. e. Is the lone consideration an economic one? As a public institution, there is no economic considerations related to this request. 2. The variance must be in harmony with the Zoning Code and the Comprehensive Plan. a. What is the purpose of the regulation for which the variance is being requested? The purpose of the code is to avoid large and inappropriate signs in residential areas. Stillwater Area Public Schools Page 3 b. If granted, would the proposed variance be out of harmony with the Zoning Code? Due to the size of the property and the location of the proposed sign, it is hard to see how this would affect other properties and be out of harmony with the zoning code. c. If granted, would the proposed variance be out of harmony with the Comprehensive Plan? No, they would not be out of harmony with the Comprehensive Plan. 3. No variance may be granted that would allow any use that is prohibited in the zoning district in which the subject property is located. The property is zoned RB, Two Family Residential. The school use is permitted with a Special Use Permit which they have. A sign is an accessory use to the use. ALTERNATIVES The Planning Commission has the following options: A. Approve the requested variance with the following conditions: 1. The project shall be completed according to the plans on file in the Community Development Department B. Deny the requested variances. With a denial, findings of fact supporting the decision must be provided. C. Table the request for additional information. RECOMMENDATION Staff recommends approval Alternative A. Attachments: Site plan and elevations of the proposed signs Application materials PLANNING ADMINISTRATION APPLICATION FORM COMMUNITY DEVELOPMENT DEPARTMENT CITY OF STILLWATER 216 NORTH FOURTH STREET STILLWATER MN 55082 Special /Conditional Use Permit t/ 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 /, 33.0,30 • 13 • 00PY 1. Ali Scvfh uo%omie S ‘,57411W ,' Address of Project/7, 4 14S7941405" AAA 5r1 /JA) ssessor's Parcel No °'33 . )7c 'AO 4: 9.00 II/ (GEO Code) Complete Property Legal Description* (642Ckee. ) ( *Required — Applications will be rejected without a legal description. Tax descriptions and property descriptions from the county are not acceptable.) 1i Zoning District a Description of Project 6.4 CA/i 55A," C! yA V('A6 o / . ) J' Si/2 "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 I will comply with the permit if it is granted and used." 'Required ���� ��''?? If other than property owner Property Ownek c-44V p,/-�i'dG!✓f 4C., $ %0? b Representative Mailing Address /g7S'.L.S, Cilee/z° f/.�f • Mailing Address City - State — Zip (s%/{cJt r/ HA/ 6-57) 8'a City - State — Zip Telephone No. 657 - 2S% r74 Telephone No. Email Lv1ll 7i e73T11 /14; k�2 mji.i s Email Signature (Signa ff e is required) Raymond Queener, Asst. Superintendent of Business and Administrative Services S: \PLANNING \FORMS \PLANAPP V2.DOCX July 22, 2010 Signature (Signature is required) EXHIBIT A (Legal Description Per Book 186 of Deeds, Page 516) Parcel 1: East 165.1 feet of the West Half of the Southeast Quarter of the Northwest Quarter (W1 /2 of SE 1/4 of NW 1/4) of Section Thirty-three (33), Township Thirty (30) North Range Twenty (20) West, Washington county, Minnesota. Parcel 2: The West Half of the Northeast Quarter of the Southeast Quarter of the Northwest Quarter (W1/2 of NE 1/4 of SE 1/4 of NW1 /4) of Section Thirty -three (33), Township Thirty (30) North Range Twenty (20) West, Washington county, Minnesota. Parcel 3: All of the Southeast Quarter of the Southeast Quarter of the Northwest Quarter (SE 1/4 of SE 1/4 of NW- 1 /4) of Section Thirty-three (33), Township Thirty (30) North Range Twenty (20) West, and East Half of the Northeast Quarter of the Southeast Quarter of the Northwest Quarter (El /2 of NE 1/4 of SE 114 of NW 1/4)- of said Section Thirty -three (33), except the West 300.38 feet of the North 60 feet of said East Half of the Northeast Quarter of the Southeast Quarter of the Northwest Quarter (El /2 of NE 1/4 of SE 1/4 of NW 1/4) of said Section Thirty -three (33), Washington county, Minnesota. Parcel 5: All that part of the Southwest Quarter of the Southwest Quarter of the Northeast Quarter (SW1 /4 of SW 1/4 of NE1 /4) of Section Thirty -three (33), Township Thirty (30,) North Range Twenty (20) West, Washington county, Minnesota, described as follows: Beginning at the stone monument in the center of Section Thirty -three (33); thence East on the south line of the said Southwest Quarter of the Southwest Quarter of the Northeast Quarter (SW1 /4 of SW 1 /4 of NEl /4) of Section Thirty -three (33), a distance of 664.22 feet to the west line of South 6th Street, thence North on the west line of South 6th Street, a distance of 60 feet, thence West and parallel to the south line of said Southwest Quarter of the Southwest Quarter of the Northeast Quarter (SW 1 /4 of SW 1/4 of NE1 /4) of Section Thirty-three (33), a distance of 240 feet, thence Ncrth and parallel to the west line of South 6th Street to a point 30 feet South of the north line of said Southwest Quarter of the Southwest Quarter of the Northeast Quarter (SW1 /4 of SW 1/4 of NE1 /4) of Section Thirty-three (33), thence East, and parallel to the north line of said Southwest Quarter of the Southwest Quarter of the Northeast Quarter (SW1 /4 of SW 1/4 of NE1 /4) of Section Thirty-three (33), a distance of 240 feet to the west line of South 6th Street, thence North on the west line of South 6th Street, a distance of 30 feet to the Northeast corner of said Southwest Quarter of the Southwest Quarter of the Northeast Quarter (SW 1 /4 of SW 1/4 of NE1 /4) of Section Thirty -three (33), thence West to the Northwest corner of said Southwest Quarter of the Southwest Quarter of the Northeast Quarter (SW1 /4 of SW 1/4 of NE1 /4) of Section Thirty -three (33), thence South of the west line of said Southwest Quarter of the Southwest Quarter of the Northeast Quarter (SW1 /4 of SW 1/4 of NE1 /4) of Section Thirty-three (33), to the place of beginning. (Legal Description Per Book 206 of Deeds, Page 591) The Southwest Quarter of the Southwest Quarter of the Northeast Quarter (SW1 /4 of SW 1/4 of NEI /4) of Section Thirty-three (33), Township Thirty (30) North Range Twenty (20) West, Washington county, Minnesota, excepting that part thereof heretofore taken in condemnation proceedings by Independent School District No. 9, of Washington County (now know as Independent School District No. 106 of said county) as shown on final certificate dated and recorded November 35th, 1953, in Book 186 of Deeds on page 516. (Legal Description Per Document No. 513575) The West 130.00 feet of the North 60.00 feet of the East Half of the Northeast Quarter of the Southeast Quarter of the Northwest Quarter of Section 33, Township 30 North, Range 20 West, City of Stillwater, Washington County, Minnesota. (Residue of Book 182 of Deeds, Page 407) That part of the Northwest Quarter of the Southwest Quarter of the Northeast Quarter of Section 33, Township 30 North, Range 20 West, Washington county, Minnesota, described as follows: COMMENCING at the southeast corner of said Northwest Quarter of the Southwest Quarter of the Northeast Quarter of said Section 33; thence on an assumed bearing of North 00 degrees 19 minutes 37 seconds West along the west line of South 6th Street also being the east line of said Northwest Quarter of the Southwest Quarter of the Northeast Quarter a distance of 439.87 feet; thence South 89 degrees 51 mirutes 01 seconds West parallel to the south line of West Hancock Street a distance of 385.80 feet; thence North 00 degrees 19 minutes 37 seconds West parallel to the west line of South 6th Street a distance of 200.03 feet to the south line of West Hancock Street; thence South 89 degrees 51 minutes 01 seconds West along the south line of West Hancock Street a distance of 280.20 feet to the west line of said Northwest Quarter of the Southwest Quarter of the Northeast Quarter; thence South 00 degrees 25 minutes 33 seconds East along said west line of the Northwest Quarter of the Southwest Quarter of the Northeast Quarter a distance of 344.29 feet to the POINT OF BEGINNING; thence South 89 degrees 32 minutes 27 seconds East a distance of 483.00 feet; thence South 00 degrees 33 minutes 30 seconds West a distance of 288.70 feet to the south line of said Northwest Quarter of the Southwest Quarter of the Northeast Quarter; thence North 89 degrees 35 minutes 46 seconds West along the south line of said Northwest Quarter of the Southwest Quarter of the Northeast Quarter to the southwest corner of said Northwest Quarter of the Southwest Quarter of the Northeast Quarter; thence north along the west line of said Northwest Quarter of the Southwest Quarter of the Northeast Quarter to the POINT OF BEGINNING. GpQ Receipt#: 171207 QCD $46.00 SDT $1.65 Conservation Fee: $5.00 CRV Filed No Delinquent Taxes Transfer Entered Return to: ISD 8834 1875 S GREELEY ST STILLWATER MN 55082 11 �3 aid .aa. � � . o o�� �cf pr o Quit Claim Deed STATE DEED TAX DUE HEREON: $1.65 Consideration for this transfer is less than $500.00. Date: Q -e- -.2011 3854711 OhIIIIIIII Certified Filed and/or recorded on: 9/2012011 11:29 AM 3854711 Office of the County Recorder Property Records & Taxpayer Services Washington County, MN Kevin J Corbida County Recorder MM11y 0 Rourke, Auditor Treasurer FOR VALUABLE CONSIDERATION, Independent School District #834, a political subdivision of the State of Minnesota. Grantor, hereby conveys and quitclaims to Independent School District #834, a political subdivision of the State of Minnesota, Grantee, real property in Washington County, Minnesota, described as follows: That part of the Northwest Quarter of the Southwest Quarter of the Northeast Quarter of Section 33, Township 30 North. Range 20 West, Washington County, Minnesota, described as follows: BEGINNING at the southeast corner of said Northwest Quarter of the Southwest Quarter of the Northeast Quarter of said Section 33; thence on an assumed bearing of North 00 degrees 19 minutes 37 seconds West along the west line of South 6th Street also being the east line of said Northwest Quarter of the Southwest Quarter of the Northeast Quarter a distance of 439.87 feet; thence South 89 degrees 51 minutes 01 seconds West parallel to the south line of West Hancock Street a distance of 385.80 feet; thence North 00 degrees 19 minutes 37 seconds West parallel to the west line of South 6th Street a distance of 200.03 feet to the south line of West Hancock Street; thence South 89 degrees 51 minutes 01 seconds West along the south line of West Hancock Street a distance of 280.20 feet to the west line of said Northwest Quarter of the Southwest Quarter of the Northeast Quarter; thence South 00 degrees 25 minutes 33 seconds East along said west line of the Northwest Quarter of the Southwest Quarter of the Northeast Quarter a distance of 344.29 feet; thence South 89 degrees 32 minutes 27 seconds East a distance of 483.00 feet; thence South 00 degrees 33 minutes 30 seconds West a distance of 288.70 feet to the south line of said Northwest Quarter of the Southwest Quarter of the Northeast Quarter; thence South 89 degrees 35 minutes 46 seconds East a distance of 186.92 feet to the POINT OF BEGINNING. 389990v1 CBR ST5 •0_49 "'It'll= M sn I 11 Of CP .4 YNeY JSe Litri WEST'' "♦"� os• HANCOCKT.3*t n 0 k 01 L r 1 STREET ' II BIdl'F i I 1 00'6 An"' pun. 1 r r N YLrNu 'ri`nNw Mil. rm. � r8601•1 94 y Ow ..OMIMN Y"l .1.,1 1100100.4 -1-, ' -..1.� • ♦- fe0 �. n6o6u um 1416•16•161 flue 0.I .. w" � IAN nuN VP 000 04 PROPOSED ECFEPARCEL f -1 N cut 1 0 1` r L .f 067.414 sepJ1!'e7•s 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 I 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 I 1 1 1 1 1 1 1 1 1 I I I I I I I I I I I I 1 1 1 I 1 1 1 1 1 1 I 1 1 - 1 -f-h+ 1-1±++- i f F +- 11- f - -I"I -F+ I I F 1- { 1 1 1 1 _.L.•L`,1. �1 11 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 I 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 N.mN•1 r00"0 i1. i w.0, l: 1 1 1 �W IWIC I 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 .30�7�T'I 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 I 1 I I I I 1 I 1-- 1- 1- +- 1- 1- FF+ 1- 1- 1-1.+ 1- 1- F ++1- 1-FF+.+- 1-F ++1- 1-1- F-1 -I.1 1 1 1 1 1 1 4 1 1 1 1 1 1 1 1 1 1 I 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 I 1 1 1 1 I 1 1 1 1 1 1 1 1 1 1 1 I 1 1 1 1 1 1 RES /DUAL JR. H /GH PARCEL I I 1 1 I I I I I I 1 1 1 I I 1 I I 1 I i I I I I I I I 1 1 1 1 1 1 r 1 I I r I 1 I I 1 1 I I 1 I I I I I I I I I I 1 I I 1 1 I I I I 1 I I 4- I -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 1 1 1 1 1 1 1 1 1 1 1 1 1 1 I 1 1 I 1 1 1 1 1 1 I 1 1 1 1 1 1 1 1 I 1 1 1 1 I K.a Nip 1604 1 rn Itettir,H949Pa�ar Eta I I I I I I I I I 1 1 1 1 r.2 1 1 64 L� (4 / it kA >'N•FT.4 i'T9 -%1� Jr 1- -I_I i111.1_L L I LI G i .01 t. J t u.. UM"1v6.m RJ \ tee ht T 1 1� 4. 616 1' > °. v. o r -1 ✓ i n.3NA.M I.._ M. 4. • 1' 4.*. T -O "rT l�l- 1741 -If T1 -f T'1- rr•r- 1- rTJF'L r"! „f' �, ,K- - -- I..4 , , , .L�4.Li.J...1..X./ l• ♦ ...........,..... r,.•.......... v.....•.w.......,` , ee �'.+'...�..,�.. ..010,1 •.. 004'6611 I - ....Y Itl4'.YY T- r 7 -1- r •r -I- r , -r r T r r N7:1,-.17 - _ y �YT` r. PTMY9• �Y�r• 5dY '�E-,t6•P.•f•'T "1 „.r,f,,;�•�4 yLJ..Ii J_l_.. J_L.1,.1. -t, - ?' a�,.L1_i_L.1..1 1,016..- L.{_1_L.t .1..14 _1.. 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MCA AWIMNtI*NI31111 • ua10 NW1 • NNW010114 • IIC•1 MO IU*06MT M MWNt6 ... 110 l4 WA 04 7110010011 ITAN 101161.1011 MOM* • 1•■•• 110111 IN AO RAI &030/1000. /Ma • WOOF 1161610l1 .....-. (OMO En 4.004000 d AREA: MIA Of IOC /0XCR • 70/.67110.47 / 4.77 ACIDS STILLWATER JR.HICH SCHOOL SE.= TI LLWA�.•TE R Ir iG STILLWATER, MINNESOTA CCONTACT: STILLWATER AREA TONY Vale IE74 SOUTH CIIEELOY STIEIT 511LLWATEI, MN 11012 COUNTY: WASHINGTON NTY. REVISIONS: 0• 61WWn 1.11.11 /NONN01Crt INCR 6.16.11 14NINXNf106 004170 0 40 60 CERTIFICATION:. ♦ 14NR1•M,IW601Mw•.A6N R•, 11,•16* for K.1Womlon,•N .I 6,0 MA um. hew MINN NNN N No IMN40001010 PROJECT LOCATION: 4 5 3 MARSH STREET WEST XXXX HOLCOMBE ST. INN 10100 110 Or Weer. tam % NI,MNS010t RAN NTT/CS. 14,1612/1.19/6 ONO CORNERSTONE LAND SURVEY /NC, INC IM moo* MNVA}10•fM4L010 WNW. 110,0000 ADJUSTMENT Location Plans OMonument OMonument ODirectional Post and Panel ODirectional Post and Panel 0 Directional Post and Panel OMonument 0 Directional Post and Panel Sign placement and orientation OSign Location as; Minneapolis, Minnesota Milwaukee, Wisconsin Seattle, Washington Portland, Oregon Signage Innovations asisignage.com Scale: Noted Date: 03.05.12 Drawn By: JCw file Name: SAPS_ExtJHC_a DRAWING REVISIONS Revision 1: 03.06.12 Revision 4: Revision 2: 03.08.12 Revision 5: Revision 3: 04.18.11 Revision 6: These drawings involve =Menial pnpdeury nghts of an and all design, nunulaclur:ng rtpoduluao, use and sale rights negaang the sane are expressly reserved these drawings submlted under a mnhaenlial relatwnslip fora spenhed mg. ./ the reraem, bo accepting gas dounart. atones onto* and awes (a) ma wn daurcn w4 nee be coped a lep.oduccc n whole a m par. not as contents rerealed m any mane a to any person except to meet the purpose lot Much n was debeered and (D) that any special haves pno4o to do design will not be imamate) mto.1001 praects Client: Stillwater Area Public Schools Project: Exterior - ECFC - jr High Campus Location: Stillwater, MN FWD Number: Sheet a Permit # Sign Location 1 III water Application for Sign Permit Fee: $50.00 Community Development Department 216 North Fourth Street Stillwater, MN 55082 651- 430 -8820 Location of Sign Address 1 1 1 1 Holcombe Street City Stillwater State MN Zip 55082 Applicant Name Stillwater Area Public Schools, ISD 834 Phone# (651) 351 -8374 Address 1875 Greeley Street City Stillwater State MN Zip 55082 Owner (if different from Applicant) Name Phone # Address City State Zip Contractor's Name Name ASI Signage Innovations Phone # (612) 332 -1223 Address 1301 Washington Ave. N. City Minneapolis State MN Zip 55411 Attached are the following documents (Required to be submitted with application) ❑ Attach a plan showing the sign size, location and type of material used. If the sign is to be mounted on the building, show an elevation of the building and sign. Additionally, if the building is historic the sign mounting shall limit damage to the exterior of the building. ❑ Design Review application (if required). All signs in the Downtown Area and in the West Stillwater Business Park require design review by HPC. Sign Details Sign Size: Dimensions: 45 96 X = Square Feet 30 Sign. .V .Fight: (If freestanding) 7777 Setbacks: From 7.perty Line /5-- Y From Bldg From Driveway /Parking Lot Colors: see drawing Materials: Aluminum Illumination: ❑ Yes x No If Yes, Type: Declaration I hereby certify that the information provided in this application is true, correct and complete to the best of my knowledge and belief. I hereby authorize the City of Stillwater and any agent or employee of it, to inspect the proposed site at any reasonable time before and after any permit is issued related to this request. Owner Signature (required) Date Applicant Signature Date Review (For office use only) ❑ Approved ❑ Denied Date By Conditions for approval: * Contractor must be licensed with the City of Stillwater. Contractor's license application form is available at Stillwater City Hall. Remember to call Gopher State One call at 651 - 454 -0002 before you dig to identify any underground utility locations. This is a FREE service. S: \Planning \Forms\Application for Sign Permit.doc Updated: September 23, 2006 painted aluminum cabinet-\ 96" (8'-0^) I(`. STILLWATER AREA PUBLIC SCHOOLS 1 I') �N::,) Stillwater Junior High Early Childhood Family Center STILLWATER AREA �� PUBLIC SCHOOLS s„u,,.,l„ fu ■m, I.ln, Childhood c1 „rd1 r,.,,,, Monument Sign Double -Sided Location O Specifications ASI Series: Exterior Custom Typestyle: Optima Bold 8 Regular Background Color(s): SC -201 Flame Red Graphics Color(s): Gerber White / Black Graphics Process: Surface LTV Mounting: Direct Burial Note(s): - 8 "(h) Black vinyl areas right justified on both Sides A 8 B of monument - Overall Cabinet Sq /Ft: 30 sq /ft Alt' Layout View (Side A /Side B shown) scale: 1/4” = 1' Aluminum base skirt w/ Dryvit Layout View (Side A /Side B shown) scale: 1/2" = 1' Side View scale: 1/2^ = 1' DESIGN STATUS: ❑ Avoa.ed ❑ *pawed as road DAL ❑ Revise avd resubmit SIGN. Tel 612.332.1223 Fax 612.332.1224 Minneapolis, Minnesota ♦ ��, Milwaukee, ♦ S Wisconsin n Seattle, Washington pp rand, Oregon 5ignage Innovations asisigfage.mm Scale: Noted Date: 03.05.12 Drawn By: JEW File Name: SAPS_Ex1JHC_41 DRAWING REVISIONS Revision 1: 03.06.12 Revision 4: 04.25.12 Revision 2: 03.08.12 Revision 5: 05.1412 Revision 3: 04.06.12 Revision 6: 05.29.12 these drawings Involve confidential pmonc tar), nghrt of ASl and all design, manufacturing, reproducfion, use and sale rights regarding the same are expressly reserved these dtawmgs e subnNed caber a mnfdennal relebonshq for a spenhed ppo,e and the reatp*nt. by anepg Ms document, assumes custody and agrees (a) that this 41ument 01,01 be aped regoduced n ,01011 u n pt ON Res conten(1 revealed in an manner of to any ileum except to meet the purpose kr winch n was debve'ed and 94 ins any spesW features pearbar to Ihm design mil not be :Mwpuated nth aner wgeos. Client: Stillwater Area Public Schools Project: Exterior - ECFC - jr High Campus Location: Stillwater, MN TWO Number: Sheet 1 Sign Location #2 Ilwa ter Application for Sign Permit Fee: $50.00 Community Development Department 216 North Fourth Street Stillwater, MN 55082 651 -430 -8820 Location of Sign Address 1111 Holcombe Street _ City Stillwater State MN Zip 55082 Applicant Name Stillwater Area Public Schools, ISD 834 Phone# (651) 351 -8374 Address 1875 Greeley Street City Stillwater State MN Zip 55082 Owner (if different from Applicant) Name Phone # Address City State Zip Contractor's Name Name ASI Signage Innovations Phone # (612) 332 -1223 Address 1301 Washington Ave. N. City Minneapolis State MN Zip 55411 Attached are the following documents (Required to be submitted with application) ❑ Attach a plan showing the sign size, location and type of material used. If the sign is to be mounted on the building, show an elevation of the building and sign. Additionally, if the building is historic the sign mounting shall limit damage to the exterior of the building. ❑ Design Review application (if required). All signs in the Downtown Area and in the West Stillwater Business Park require design review by HPC. Sign Details Sign Size: Dimensions: 43 X 134 = Square Feet 40 Sign .fight: (If freestanding) 7/ Setbacks:,F soperty Line / /"drawing From Bldg From Driveway /Parking Lot Colors: see Materials: Aluminum Illumination: ❑ Yes x No If Yes, Type: Declaration hereby certify that the information provided in this application is true, correct and complete to the best of my knowledge and belief. I hereby authorize the City of Stillwater and any agent or employee of it, to inspect the proposed site at any reasonable time before and after any permit is issued related to this request. Owner Signature (required) Date Applicant Signature Date Review (For office use only) ❑ Approved ❑ Denied By Permit # Conditions for approval: * Contractor must be licensed with the City of Stillwater. Contractor's license application form is available at Stillwater City Hall. Remember to call Gopher State One call at 651- 454 -0002 before you dig to identify any underground utility locations. This is a FREE service. S: \Planning \Forms\Application for Sign Permit.doc Updated: September 23, 2006 one piece aluminum cabinet painted Red (TBD) and White -vinyl accent 134" (11' -21 uSTILLWATER AREA PUBLIC SCHOOLS 1 ISO No. 834 Early Childhood Family Center �.r 36" V COURAGE M" CENTER • ^w:, 916 1111 South Holcombe Street d 1/4" (thk) flat cut aluminum letters painted black w`llIIII 11 _ =n=1=11 =1 11 n n n 11 11 11 1 nII n— l =II =I1 =11=1 a ydI�11W11F�11WNV11 11 n n = 1 'r 71=11 11 II 11 11 =1 11 n= o' — �Il -n- I=11t� 1 11 1n 1 n-0 a — — Arai -1 ==1' .11._=A1=11=11=11=11=111=11-11=11=A=11 =11 11 ° o = 11 �i to o � 11 n=1 n 11n�7 -ti= : ii =u pl o a -11 11=u= 11— wi 0 1 =11=11 11 n�11=11 n 1 n =uE1n— ° ul�11=11 n 11 -11 1 =11 =1111— __n =n =n-11i =i =n Iii =n =n =n ■ ° ra =n=11- 1 111b o L 11 11=11t�11�11=111=11111 1=11=11t�11= p , —11 1 11 —n o 11 =11 11 11 =11 1101 =11-11=11=11=I 01= 11 II= =11=11 -1' 7T 1=11 1111 n=11 =1 — Il n=in=11=11 `'7 — 1— u=s=fi Aluminum base skirt w/ Dryvit Side View scale: 1 /2" = 1' Layout View (Shown Side A /Side 8) scale: 1/2" = 1' Monument Sign Double -Sided Location 0 Specifications ASI Series: Exterior Custom Typestyle: Optima Bold 6 Regular Background Color(s): SC-201 Flame Red, Purple 880 Blue MD Graphics Color(s): Gerber White / Black Graphics Process: Surface LTV Mounting: Direct Burial Note(s): - Stillwater logo placement on left side of monument for both Side A 8 Side 8 - Tenants placed on right side of monument for both Side A 5 Side B NOTF Require vectored logo artwork with exact spot colors for final production STILLWATER AREA PUBLIC SCHOOLS 1111 South Holcombe Street Alt' Layout View (Shown Side A /Side B) scale: 1/4" = 1' DESIGN STATUS: ❑ Approved Approved as noted 001F ❑ Revise and resubmit SIGN: Tel 612.332.1223 Fax 612.332.1224 •- asi Minneapoks, Minnesota Milwaukee, Wisconsin Seattle, Washington Portland, Oregon Signage Innovations asislgnage.mm Scale: Noted Date: 03.05 12 Drawn By: JCW File Name: SAPS_Ex1JHC_ #2 DRAWING REVISIONS Revision 1: 03.06.12 Revision 4:04.18.12 Revision 2: 03.08.12 Revision 5: 04.27.12 Revision 3: 04.10.12 Revision 6: 01.14.12 these dlawi"gs Involve caddemW monetary rights of ASI and all desgn, nunulmlamg, repmdallon, use and sale rights regard, the same a,e ewe,* reserved the,. drawings sc,orsubmitted m m, ed under a nhdeal relxuonsbp lel a spenhed papose and the :e, eem, by epag eo dormant assumes custody and agrees (a) Mal Mrs damp. wJ lm be taxed a ,tpnn6 cedd m whole a m pan nor 01 contents reealed m any manner or ro any person euepl r I the purpose for which it tvas delivered a l (MM. an} ,MSW lea,00, pecuba, to this desgn svrl not be mcorpmaled mlo other proje<h Client: Stillwater Area Public Schools Project: Exterior - ECFC - )r High Campus Location: Stillwater, MN '810 Number: Sheet 2 Sign Location #3 & 7 Application for Sign Permit Ilwa ter Fee: $50.00 Community Development Department 216 North Fourth Street Stillwater, MN 55082 651 -430 -8820 Location of Sign Address 1111 Holcombe Street City Stillwater State MN Zip 55082 Applicant Name Stillwater Area Public Schools, ISD 834 Phone* (651) 351 -8374 Address 1875 Greeley Street City Stillwater State MN Zip 55082 Owner (if different from Applicant) Name Phone # Address City State Zip Contractor's Name Name ASI Signage Innovations Phone# (612) 332 -1223 Address 1301 Washington Ave. N. City Minneapolis State MN Zip 55411 Attached are the following documents (Required to be submitted with application) ❑ Attach a plan showing the sign size, location and type of material used. If the sign is to be mounted on the building, show an elevation of the building and sign. Additionally, if the building is historic the sign mounting shall limit damage to the exterior of the building. ❑ Design Review application (if required). All signs in the Downtown Area and in the West Stillwater Business Park require design review by HPC. Sign Details Sign Size: Dimensions: 22„ X 42 = Square Feet 6 5 Sign Nljght: (If freestanding) b Setbacks: m r perty Line From Bldg From Driveway /Parking Lot Colors: see drawing Materials: Aluminum Illumination: ❑ Yes x No If Yes, Type: Declaration I hereby certify that the information provided in this application is true, correct and complete to the best of my knowledge and belief. I hereby authorize the City of Stillwater and any agent or employee of it, to inspect the proposed site at any reasonable time before and after any permit is issued related to this request. Owner Signature (required) Date Applicant Signature Date Review (For office use only) ❑ Approved ❑ Denied By Permit # Conditions for approval: * Contractor must be licensed with the City of Stillwater. Contractor's license application form is available at Stillwater City Hall. Remember to call Gopher State One call at 651- 454 -0002 before you dig to identify any underground utility locations. This is a FREE service. S: \Planning \Forms\Application for Sign Permit.doc Updated: September 23, 2006 a :- + Junior High Drop Off F General Parking 4 Athletic Fields Additional Parking 4 General Parking F Athletic Fields .4 Additional Parking Location 0 - Side A Location 48" 4,0" + BUSES ONLY M. 4 Junior High + Early Childhood Family Center 9 Courage Center 4 NE Metro 916 -9 General Parking -+ Athletic Fields 1 Location - Side A - Side 8 Location - Side 8 48" 4, -0" 4- Junior High E- Early Childhood Family Center F Courage Center 4- NE Metro 916 4- General Parking 4- Athletic Fields Location aa- - Side A 3 Pool Location a 9 Junior High 9 Early Childhood Family Center 9 Courage Center i NE Metro 916 9 General Parking 9 Athletic Fields Location 1 4) - Side B f Pool T General Parking - Side A Location - Side 8 Post and Panel Directionals Specifications ASI Series: Exterior Custom / LTV Typestyle: Helvetica Condensed Background Color(s): S( -201 Flame Red Graphics Color(s): Gerber White Graphics Process: Surface LTV Mounting: Direct Burial DESIGN STATUS: p approved ❑ Approved as noted PAM ❑ Revise and resubmit sue Tel 612.332.1223 Fax 612.332.1224 :• asp IAmneapobs, Minnesota Milwaukee, Wisconsin Seattle, Washington Portland, Oregon Mgnage Innovations asie: nage.com Scale: 1/2" = 1' Date: 03.05.12 Drawn 8y: jCW file Name: SAPS_ExIJHC_85 DRAWING REVISIONS Revision 1: 03.06.12 Revision 4: 04.12 12 Revision 7: 06.05.12 Revision 2: 04.06 12 Revision 5: 04.18 12 Revision 8: Revision 3: 04.10.12 Revision 6: 05.14.12 Revision 9: these drawn, involve confidential proprietary nghrs of All and all design, man0Ianuung, reproduction, use and sale rights regarding the same are expressly reserved These drawings are submined under a confidential relationship for a specified purpose and the recgtenl, by acceptny Mrs document, asutrms custody and agrees cal that dos document roll not be tooted Of reproduced in whok a :n pan. nor Rs consents re "ealed in any manner of to any person wept to nwer the purpose for which II was delivered and (b) that any special leatwes pecuhar to this desgn mil not be mcorporaled into other pmoleu, Client: Stillwater Area Public Schools Project: Exterior - ECFC - Jr High Campus location: Stillwater, MN FWO Number: Sheet 5 Sign Location #4 &5 Application for Sign Permit ' I,Wter Fee: $50.00 Community Development Department 216 North Fourth Street Stillwater, MN 55082 651- 430 -8820 Location of Sign • Address 1111 Holcombe Street City Stillwater State MN Zip 55082 Applicant Name Stillwater Area Public Schools, ISD 834 Phone# (651) 351 -8374 Address 1875 Greeley Street City Stillwater State MN Zip 55082 Owner (if different from Applicant) Name Phone # Address City State Zip Contractor's Name Name ASI Signage Innovations Phone # (612) 332 -1223 Address 1301 Washington Ave. N. City Minneapolis State MN Zip 55411 Attached are the following documents (Required to be submitted with application) ❑ Attach a plan showing the sign size, location and type of material used. If the sign is to be mounted on the building, show an elevation of the building and sign. Additionally, if the building is historic the sign mounting shall limit damage to the exterior of the building. ❑ Design Review application (if required). All signs in the Downtown Area and in the West Stillwater Business Park require design review by HPC. Sign Details Sign Size: Dimensions: 36" 48 X = Square Feet 12 Sign gaight: (If freestanding) Setbacykor f erty Line ® From Bldg From Driveway /Parking Lot Colors: see drawing Materials: Aluminum Illumination: ❑ Yes x No If Yes, Type: Declaration hereby certify that the information provided in this application is true, correct and complete to the best of my knowledge and belief. I hereby authorize the City of Stillwater and any agent or employee of it, to inspect the proposed site at any reasonable time before and after any permit is issued related to this request. Owner Signature (required) Date Applicant Signature Date Review (For office use only) ❑ Approved ❑ Denied Date By Permit # Conditions for approval: * Contractor must be licensed with the City of Stillwater. Contractor's license application form is available at Stillwater City Hall. Remember to call Gopher State One call at 651- 454 -0002 before you dig to identify any underground utility locations. This is a FREE service. S: \Planning \Forms\Application for Sign Permit.doc Updated: September 23, 2006 T Junior High Drop Off F General Parking 4 Athletic Fields 4 Additional Parking Location i - Side A 48" 4r -0" T BUSES ONLY 4 Junior High 9 Early Childhood Family Center 4 Courage Center -) NE Metro 916 4 General Parking + Athletic Fields General Parking F Athletic Fields F Additional Parking Location O - Side B Location O - Side A Location O - Side B i 48" 4, -0" 4- Junior High F Early Childhood Family Center 4- Courage Center 4- NE Metro 916 F General Parking 4- Athletic Fields 4 Junior High 9 Early Childhood Family Center -0 Courage Center -0 NE Metro 916 9- General Parking 4 Athletic Fields Location O - Side A Location O - Side B 4— Pool T General Parking Location O - Side A Location - Side B Post and Panel Directionals Specifications ASI Series: Exterior Custom / LTV Typestyle: Helvetica Condensed Background Color(s): SC -201 Name Red Graphics Color(s): Gerber White Graphics Process: Surface LTV Mounting: Direct Burial DESIGN STATUS: ❑ awed ❑ approved as noted Dare . ❑ nerve and reawrw 516* Tel 612.332.1223 Fax 612.332.1224 Minneapolis, Minnesota .as, Milwaukee, Wisconsin . Seattle, Washington Portland, Oregon Signage Innovations asisignage.com Scale: 1/2" = 1' Date: 03.05.12 Drawn By: JCW FNe Name: SAPS_ExtJHC_ #5 DRAWING REVISIONS Revision 1: 03 06.12 Revision 4: 04_12.12 Revision 7: 06.05.12 Revision 2: 04.06.12 Revision 5: 04.18.12 Revision 8: Revision 3: 04.10.12 Revision 6: 05.14.12 Revision 9: these diawngs involve eonridenoal aopieWy :Os of ♦M and a1 design. menu! Munn ,epotUbon, use and sale ,ghts reptling the same are expressly reserved These drawegs are wdwued under a ranfide9Ul relabomhip lot a specified Purpose and the recipient by accepting this dawm4 asunes(moth and agrees la) that this doom*. with not be roped or reproduced in whole or in pan, noriu ronenuse.eakdm any mama of to agpersoo meth to men the papose for edntlr a was delivered and D) that ag spinal features penia, to nn desgn wine not be incorporated into other pwlerh Client. Stillwater Area Public Schools Project: Exterior • ECFC - Jr High Campus Location: Stillwater, MN TWO Number :' Sheet 5 Sign Location #6 Application for Sign Permit tiIIWater Fee: $50.00 Community Development Department 216 North Fourth Street Stillwater, MN 55082 651- 430 -8820 Location of Sign Address 1111 Holcombe Street City Stillwater State MN Zip 55082 Applicant Name Stillwater Area Public Schools, ISD 834 Phone# (651) 351 -8374 Address 1875 Greeley Street City Stillwater State MN Zip 55082 Owner (if different from Applicant) Name Phone # Address City State Zip Contractor's Name Name ASI Signage Innovations Phone# (612) 332 -1223 Address 1301 Washington Ave. N. City Minneapolis State MN Zip 55411 Attached are the following documents (Required to be submitted with application) ❑ Attach a plan showing the sign size, location and type of material used. If the sign is to be mounted on the building, show an elevation of the building and sign. Additionally, if the building is historic the sign mounting shall limit damage to the exterior of the building. ❑ Design Review application (if required). All signs in the Downtown Area and in the West Stillwater Business Park require design review by HPC. Sign Details Sign Size: Dimensions: 43.75" x 98.25 = Square Feet 29.9 Sign fight: (If freestanding) �� Setbacks perty Line From Bldg From Driveway /Parking Lot Colors: see drawing Materials: Aluminum Illumination: ❑ Yes x No If Yes, Type: Declaration I hereby certify that the information provided in this application is true, correct and complete to the best of my knowledge and belief. I hereby authorize the City of Stillwater and any agent or employee of it, to inspect the proposed site at any reasonable time before and after any permit is issued related to this request. Owner Signature (required) Date Applicant Signature Date Review (For office use only) ❑ Approved ❑ Denied Date By Permit # Conditions for approval: * Contractor must be licensed with the City of Stillwater. Contractor's license application form is available at Stillwater City Hall. Remember to call Gopher State One call at 651- 454 -0002 before you dig to identify any underground utility locations. This is a FREE service. Updated: September 23, 2006 S: \Planning \Forms\Application for Sign Permit.doc vinyl accent 911/4° 70. 26 t /4" . STILLWATER AREA PUBLIC SCHOOLS Slillttale'r Junior High Fatly Childhood Family Cont r General Parking 1 + Pool V 00011 AGE p CENTER • II- FRO 916 Aluminum base skirl w/ Dryvit Side View scale: 1/2" = 1' Monument Sign Double -Sided Location O Specifications ASI Series: Exterior Custom Typestyle: Optima Bold 6 Regular / Helvetica Condensed Background Color(s): SC -201 Flame Red, Purple TM, Blue TBD Graphics Color(s): Gerber White / Black Graphics Process: Surface LTV Mounting: Direct Burial Note(s): -Stillwater logo placement on left side of monument for both Side A 6 Side B - Tenants placed on right side of monument for both Side A 6 Side B - Overall Cabinet Sq /Ft: 29.85 sq /ft STILLWATER AREA PUBLIC SCHOOLS NOTE: Require vectored logo artwork with exact spot colors for final production Alt' Layout View (Shown Side B) scale: 1/4" = 1' DESIGN STATUS: ❑ vvpmved ❑ vpgoved as noted 0400: ❑ Revise and resubmit 51410 Tel 612.332.1223 Fax 612.332.1224 - Minneapolis, Minnesota as, ♦ Milwaukee, Wisconsin sin smith, Washington Portland, Oregon 619nage InnovatiOns asisignagesom Scale: Noted Date: 03.05 12 Drawn By: JCW File Name: SAPS_ExIJHC_N3 DRAWING REVISIONS Revision 1: 03.06.12 Revision 4: 04.27.12 Revision 7: 06.05.12 Revision 2: 03.08.12 Revision 5: 05.14.12 Revision 8: Revision 3: 04.18.12 Revision 6: 05.30.12 Revision 9: These drawings Involve conhdenhal proprietary rights of 451 and all design, nranulactunng, reproduton, use and sale rights regardng Me same are expressly reserved These drawings accsubmitted under a confidential relationship for a specified purpose and the reopen:, by ept, Ns document, assumes custody and awes (a) Thal this document wit not be coped or reproduced m whole or to pan, nor as contents re•eakd in any manner or 10 airy person xcepl to meet Me purpose for which it was delvered axd (b) Thal any special features pecukar to this design will not be incorporated into other yro:ects Client: Stillwater Area Public Schools Project: Exterior - ECFC - Jr High Campus Location: Stillwater, MN MO Number: Sheet 3 Planning Commission DATE: June 19, 2012 APPLICANT: Chloe Rasmussen CASE NO.: 2012 -23 REQUEST: A 6 foot variance from the required 10 foot side yard setback for the construction of a sunroom. LOCATION: 2632 Edgewood Court COMPREHENSIVE PLAN DISTRICT: LDR - Low Density Residential ZONING: RA - One Family Residential PC DATE: July 9, 2012 REVIEWERS: Community Dev. Director, City Planner PREPARED BY: Brian Finley, City Planner Intern E F DISCUSSION Chloe Rasmussen owner of 2632 Edgewood Court is in the process of renovating the property. As part of the work she is planning to tear off an existing back deck and replace it with a sunroom. The original home was constructed in 1972. The home sits on the cul -de -sac turnaround on Edgewood Court. Due to the location of the home, it was oriented to be parallel with the road, which causes the home to be oriented at an angle with the side lot lines. The northeast corner of the home is approximately 10 feet from the side property line. The new sunroom is proposed to extend 10 feet off the back of the home and be flush with the east side of the home. Since the home is at an angle, the foundation of the new sunroom will encroach approximately 4 feet in to the required side yard setback with the soffits encroaching an additional 2 feet. Therefore, a 6 -foot variance to the required side yard setback is requested. 2632 Edgewood Court Page 2 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 -305 (b)(1) which requires a 10 foot side yard setback (4 feet requested). In this case, the applicant is requesting approval to encroach 6 feet into the required side yard setback in order to construct the sundeck. EVALUATION OF REQUEST The State of Minnesota enables a City to grant variances when they meet the review criteria below. 1. A variance may be granted when the applicant establishes that there are "practical difficulties" in complying with the Zoning Code. A practical difficulty means that the property owner proposes to use the property in a reasonable manner not permitted by the Zoning Code; the plight of the landowner is due to circumstances unique to the property not created by the landowner; and the variance, if granted, will not alter the essential character of the locality. Economic considerations alone do not constitute a "practical difficulty ". a. Is the property proposed to be used in a reasonable manner? Sunrooms are a feature on many modern houses. Additionally, the sunroom will offer greater privacy than the existing deck to the adjacent property since there are no side windows proposed on the East elevation. The request seems reasonable. The house was oriented to the cul de sac instead of the property line when built. b. Is the plight of the landowner due to circumstances unique to the property? Yes, the lot is unique due to it is situated on a cul de sac. c. Are the circumstances created by the landowner? The landowner did not create the lot situated on cul de sac. d. If granted, would the variance alter the essential character of the locality? It will not alter the "essential character" of the locality. There will be minimal impact on the streetscape. e. Is the lone consideration an economic one? Adding a sunroom to the property enhances the home's functionality thus adding a sunroom is not the lone economic consideration. 2632 Edgewood Court Page 3 2. The variance must be in harmony with the Zoning Code and the Comprehensive Plan. a. What is the purpose of the regulation for which the variance is being requested? The purpose of the side yard setback is to maintain adequate air and light on this and the adjacent properties along with avoiding a situation where one home becomes dominant on the overall streetscape and avoids potential fire hazard. b. If granted, would the proposed variance be out of harmony with the Zoning Code? A variance that allows a sunroom that encroaches into the side yard would not be out of harmony with the zoning code. c. If granted, would the proposed variance be out of harmony with the Comprehensive Plan? No, they would not be out of harmony with the Comprehensive Plan. 3. No variance may be granted that would allow any use that is prohibited in the zoning district in which the subject property is located. The property is zoned RA, One Family Residential. The proposed sunroom is an allowed use of the property. ALTERNATIVES The Planning Commission has the following options: 1. Approve the requested variance to encroach 6 feet into the required side yard setback. With an approval staff would recommend conditions of approval isted below. 2. Deny the requested variance to encroach 6 feet into the required side yard setback. 3. Continue the public hearing until the Aug 13, 2012 Planning Commission meeting. The 60 -day decision deadline for the request is August 12, 2012. If this case is continued by the Planning Commission, city staff will exercise our right to extend the review deadline an additional 60 days. 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 side yard setback shall be limited to the sunroom as shown on the site plan date stamped June 13, 2012 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. P P G Zoveitivin5 Scale: 1,30 DenThs Iron Lot 23, Block 2, Wildpines First Addition, Washington County, Minnesota. Planning Commission, addition to my home at 2632 Edgewood Court. I desire Please find the attached proposal for an I am planning to addition onto the existing dining area of my home to build a 10 by 12 foot enclosed area smaller and the remodel the kitchen in the future in a manner that would make the dining is The and house is proposed addition will allow room for a dining table to accommodate family mea neighboring positioned on the lot in an irregular manner causing the proposed addition to come within the 10 foot setback. I do not feel that the addition will affect the property to either side; there will be privacy and the plan is a fairly typical with th the neighbors interfering ro erty value. I am no windows on the side facing neighbor's property addition onto this type of home, so I do not think it will detract from the neig setback with the the existing deck that already comes within the 10 foot set also proposing to replaceth please consider before mentioned addition and replacing the current deck with a 18 by 12 foot deck. this proposal. Thank you for your consideration, Chloe Rasmussen 1' 1 PLANNING ADMINISTRATION APPLICATION FORM COMMUNITY DEVELOPMENT DEPARTMENT CITY OF STILLWATER 216 NORTH FOURTH STREET STILLWATER MN 55082 Special /Conditional Use Permit X 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 gOifir 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 Z.6? Z IO UP Assessor's Parcel No. 3 £30c Q©S-2 l „ (GEO Code) Complete Property Legal Description* 1-01-0"1- #wevhthree HOC +WO) piytes F►reit n dd itr i ( *Required -- Applications will be rejected without a legal description) Tax descriptions a d property descriptior &,= the county are not acceptable. I. ! y]�y' n � � Zoning District Description of Projectq 12. '1 I 0 r✓{, CI i f i � �% i L A' I ?. deX "! 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. t further certify I will comply with the permit if it is granted and used." / Requir Property Owner ChJcC.- k j , 5e0 Mailing Address 2 6 32 Gcej w c. 4-- City - State - Zip 51-1/1) Wt l LAM 5soe 2, Telephone iiNo. 7!5 -333 -63i2 cam Email '/ /oc,at- srmobcir) Signature e (Sign u e s requw S IPLANNINGFORMSIPLANAPP.DOCX January 10. 2012 If other than property owner Representative ;JV (4.5.5e4 Mailing Address 262. wo e. C.* City - State - Zip Telephone No. Email \)Gr 3q 350; g. 36s r Signs re ignature is required) Planning Commission DATE: July 5, 2012 APPLICANT: Eric Greeder CASE NO.: 2012 -24 REQUEST: Variances to permit the construction of an open porch, attached 140 sq. ft. accessory structure, and a 692 sq. ft. detached garage LOCATION: 719 Myrtle St W COMPREHENSIVE PLAN DISTRICT: LMDR - Low /Medium Density Residential ZONING: RB - Two Family Residential PC DATE: July 9, 2012 REVIEWERS: Community Dev. Director 14 PREPARED BY: Michel Pogge, City Planner BACKGROUND Eric Greeder owner of 719 Myrtle St W is in the process of renovating the property. In the first phase of the project he is planning to add a wraparound porch on the front and side of the home. Due to the grade of the property on the side along William St S, the applicant is looking to add a 140 sq. ft. storage area under the porch. The second phase of project, which may not occur until next year, calls for adding a 692 sq. ft. garage in the rear of the property. The original home was constructed in 1898. 719 Myrtle St W Page 2 SPECIFIC REQUESTS In order to construct an open porch, attached 140 sq. ft. accessory structure, and a 692 sq ft detached garage the applicant is requesting the following variances: 1. A 2.8 foot variance to the front yard setback for an open porch (17.2' requested/ 20' required) 2. A 13 foot variance to the exterior side yard setback for an open porch (7' requested/ 20' required) 3. A 23 foot variance to the exterior side yard setback for an attached accessory structure (7' requested /30' required) 4. A 14 foot variance to the exterior side yard setback for a detached garage (16' requested /30' required) 5. A variance to the maximum allowable garage and accessory building size (832 square feet requested [692 sq. ft garage + 140 sq. ft. accessory building] /576 square feet allowed)1 6. A variance to permit a second accessory building that is over 120 sq. ft. (140 sq. ft. requested /120 sq. ft. maximum allowed)2 7. A variance to the maximum allowable building coverage (36.01 % requested/25% maximum allowed) DISCUSSION Mr. Greeder'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. City Code Section 31 -308 (3) i. requires the total ground cover of all accessory buildings to be 1,000 sq. ft. or ten percent of the lot area, whichever is less. 2 City Code Section 31- 308(3) iii. required the second accessory structure to be no larger than 120 sq. ft. RB Zoning District Required /Allowed Current Applicant Proposal Staff Recommendation Lot size 7,500 s.f. 5757 s.f. Same Same Front setback, home 20' 17.2' 17.2' 17.2' Side setback (exterior side yard), home 20' 10.8' 7' 7' Rear setback, garage 3' n/a 3' 3' Side setback (exterior side yard), garage n/a 9.84' 9.84' Garage Size 576 s.f. max (10% of lot area) n/a 692 s.f. garage + 140 accessory storage = 832 sq. ft 576 s.f. garage (which is a 24x24) + 140 accessory storage = 716 sq. ft Building cover, max 25% 20.08% 36.01% 34.34% Other impervious, max 25% 17.37% 9.68% 9.68% City Code Section 31 -308 (3) i. requires the total ground cover of all accessory buildings to be 1,000 sq. ft. or ten percent of the lot area, whichever is less. 2 City Code Section 31- 308(3) iii. required the second accessory structure to be no larger than 120 sq. ft. 719 Myrtle St W Page 3 As can be seen above, the subject property is a substandard lot . Since the property was of record and the home was built prior to zoning it can remain as is; however, any changes or additions to the property will likely require a number of variances. EVALUATION OF REQUEST The State of Minnesota enables a City to grant variances when they meet the review criteria below. 1. A variance may be granted when the applicant establishes that there are "practical difficulties" in complying with the Zoning Code. A practical difficulty means that the property owner proposes to use the property in a reasonable manner not permitted by the Zoning Code; the plight of the landowner is due to circumstances unique to the property not created by the landowner; and the variance, if granted, will not alter the essential character of the locality. Economic considerations alone do not constitute a "practical difficulty ". a. Is the property proposed to be used in a reasonable manner? Since open porches are a common feature of our historic housing stock, it seems reasonable to allow an open porch on this property. The grade on the west side of the property it is easy to develop a storage area can under the porch. Additionally the proposed set of stairs off the porch between Willard St S and the entry to the storage area will help screen it from making the requested storage area reasonable. The addition of the storage area is incidental to the porch itself and an added bonus overall. Finally, the Commission generally considers garages and specifically a two -car garage an important element for residential uses in our climate. The size of the lot only permits a 576 sq. ft. garage, which coincidentally is a standard 24' by 24' two -car garage. Even if the applicant would forgo the porch, the building coverage on the property with a new garage would 30.09 percent and exceeds the maximum allowable building coverage. Since a larger garage influences overall massing on the property and would exceed allowable building coverage, staff cannot support the applicant's larger garage request. It is reasonable to have a garage on the property; therefore, staff supports a smaller garage of 576 sq. ft. 719 Myrtle St W Page 4 b. Is the plight of the landowner due to circumstances unique to the property? The location of the home makes it impossible to locate a porch on the property and meet the required setback, which creates the unique circumstance. Additionally the narrow 43 -foot wide lot makes it impossible to build a garage on the property without some type of setback variance. Finally, the small nature of the property (5,757 sq. ft.) places this lot at a disadvantage to other standard lots. c. Are the circumstances created by the landowner? The landowners did not cause placement of the home in its current location nor create the lot in question. If granted, would the variance alter the essential character of the locality? The new porch will be no closer to Myrtle than the current home is. The porch will be closer to William St S than the home is today; however, it will still be 18.5 feet from the back of street curb. The purpose of limiting garages to 10% of the lot area is to ensure that accessory building don't dominate a property. If the garage is limited to 10% of the lot area the essential character of the area will be preserved. Is the lone consideration an economic one? Adding a porch and garage to the property enhances the home's appearance and functionality thus these change are not the just an economic consideration. 2. The variance must be in harmony with the Zoning Code and the Comprehensive Plan. d. e. a. What is the purpose of the regulation for which the variance is being requested? The purposed of the front yard setback is to maintain adequate air and light on this and the adjacent properties along with avoiding a situation where one home becomes dominant on the overall streetscape. The purpose of the maximum garage size is to ensure that a garage does not become a dominate feature on the property. The purpose of the maximum building coverage is to ensure that excess storm water does not flow from any one particular property and impact downstream sites. 719 Myrtle St W Page 5 b. If granted, would the proposed variance be out of harmony with the Zoning Code? A variance that allows an open porch and encroaches into to the front yard would not be out of harmony with the zoning code. A variance for an oversized garage potentially could be out of harmony with the zoning code if it is allowed to become a dominate feature of a lot. If storm water mitigation is provided for the garage as recommend by City Staff, the variance to exceed the maximum building coverage will not be out of harmony with the zoning code. (Note: The porch, which is being built in the first phase of the overall project, will take the overall site to 24.3 % building cover which does not cause the site to exceed the maximum building coverage. Therefore, the mitigation plan can be delayed until such time that the garage is built.) c. If granted, would the proposed variance be out of harmony with the Comprehensive Plan? No, none of the requests would not be out of harmony with the Comprehensive Plan. 3. No variance may be granted that would allow any use that is prohibited in the zoning district in which the subject property is located. The property is zoned RB, Two Family Residential. The proposed porch and garage are allowed uses of the property. ALTERNATIVES The Planning Commission has the following options: 1. Approve the requested variances as requested. With an approval, staff would recommend conditions of approval listed below. 2. Approve the requested variances as requested with the exception that the detached garage shall be limited to 576 sq. ft. in size. With an approval, staff would recommend conditions of approval listed below. 3. Deny the requested variances. 4. Continue the public hearing until the August 13, 2012 Planning Commission meeting. The 60 -day decision deadline for the request is August 13, 2012. 719 Myrtle St W Page 6 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 open porch as shown on the site plan date stamped May 21, 2012 as on file in the Community Development Department. 3. A surface water runoff mitigation plan must be submitted to and found satisfactory by the City Engineer prior to issuance of a building permit for the garage. RECOMMENDATION Staff recommends alternative #2. 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: Fee Paid: Receipt No.: t/dae-02i 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 7/ Yr e 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 \e Description of Project C 6i f?.. ;. ,Nsf\ey ` &) . N WO— - VS4- Assessor's Parcel No. onD31:1Z 5g/ O/o (GEO Code) IAJr\ / r. "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 wi(h the permit if it is granted an. sed." Required .ther than property o er Property Owner Er L 6- reel. r Representative Mailing Address 7/1 (1/1 Y/4ke _5 )-, l.J f Mailing Address City - State — Zip S .1`,,J:4€• , MP/ i -ti, City - State — Zip Telephone No. f,S1 -(-11) ' � 11 Telephone No. Email Gre�.ok c' ._e f ���-:�;I . C,, r-, Email Signature J---L Signature (Signature is required) S: \PLANNING \FORMS \PLANAPP.DOCX January 10, 2012 (Signature is requi •d LiA)lex k rdf\/De L otn, wQ5A- (k ff\\[ o\. cove L-00 tA\O\ rr\e\k_ h-OkASR.. Qif\kr DK' 0 6 Vt\- 5\2€ it # 6 - r, 0 t\ eo,f CO trNt etj kar u,)DA), Cr4-e. Sf alt.Q 5c--d\ 5nr\\)42/- \,,o;\--- AceX Crec,\-c. ve,a, [vv k Ocr ( ‘tV p2)( p,rt -Vtijo c\‘)5 Oa \ k isv-) t(c-. SO\ UJ61'er r\ ovy v.c\a\er LQ scy.A-\4\ tf or, S 0\\)c)vo 0‘4 cAkAez.\ ( ) e, \r\k ) C5aAV Zee\ OAC 16A/4 (5 ) r\a,c)r\ o\w2 dvAllemz, 'OS (1,di k(Av',09 lRr cavN Vec-/ ���� ;r �, -�;��' Xzer,v Lop Cae. --- 87/t 00 - - aeitz_ hize ' „ • • - AlfrWTZ" _szr Agi."„0/4. E.eve v,./,e . ' • '14/..4t-e • 47./8 Ev CY fz ( 7'f //5 4'.5 //vac. .0.6-C...e AWO 41VEr-E0 \ • • d N CIO 7-5/1".E 04. . LL. - \\ \ \\\\ 43.00 0 0.7'! 144/6- oz. ,x L'or1 /V199° Le+ r4t. Vi\oo (1 deser4-,e,.ei 575-7 c's 0;1/ Is Chwct. ,0k5c si '7' • .6.r .4 /v87,/a '38"E LorG 13 I /.4't 1 -?...,1 zit / -- —. — 7/ 4 0. bpi,- Ws C.4 -/.e . .2-ct..643z- ,a. , • .7 3 ' 0.; b.:. 0 I / . I..: ....- --__ -- awn, /' -... o o J. Fee r 8f°/ '57'W — /V Of /a N. B. a: 11• U. w D P. S' r a L b a b s. P T n s E 0 E 0 T DATE: TO: REGARDING: APPLICANT: July 5, 2012 Planning Commission Chicken Ordinance Tisha Palmer HEARING DATE: July 9, 2012 AUTHOR: Bill Turnblad, Community Development Director BACKGROUND The City's Zoning Ordinance currently requires a minimum lot size of three acres to keep chickens.1 This standard prevents residents from keeping chickens in the City, since lots are not that large in Stillwater. Tisha Palmer, 1115 1st Street North, has submitted an application requesting an ordinance amendment that would eliminate the three acre minimum lot size and allow 5 chickens on any property in the City. According to the requested amendment, up to 8 chickens would be allowed if a property is large enough, OR if all neighbors whose homes are less than 50 feet from the chicken enclosure agree to the extra chickens. SPECIFIC REQUEST The applicant is requesting that the Planning Commission recommend approval of the attached ordinance amendment. DISCUSSION Chickens have begun reappearing in urban settings. They are even allowed now in some of the densest cities in the country. For example, New York City and Chicago have both passed ordinances allowing chickens. City Code Ch 31 -514, Subd. 1 1 Page 2 of 4 The main hurdles to passing such ordinances are concerns over disease, vermin, noise and smell. Research shows fairly clearly that if chickens are tended well in an urban setting, these concerns do not materialize. If chicken waste is properly managed, fly problems and excessive odor can be dramatically reduced. Rodents can be controlled if chicken feed is cared for properly, especially in moist areas. And, the noise issue is usually addressed by prohibiting roosters from the urban coop. Requested Amendment Tisha Palmer is requesting approval of an ordinance that would do the following: • Eliminate the current three acre minimum lot size. • Allow up to 5 chicken hens on any lot in the City. • Allow up to 8 chicken hens if: a) the chicken enclosure is no closer than 50 feet to any dwelling on an adjacent lot, or b) written permission is received from the owner of each dwelling on an adjacent lot within 50 feet of the chicken enclosure. • Prohibit chicken roosters. • Require a $10 permit from the City that is good for two years. Staff Comments on Request • Number of chickens o Based upon an analysis of the space requirements for chickens,2 a maximum of 5 chickens seems appropriate in the City's RB Zoning District. o The RB District was chosen for this analysis, since the main interest for amending the ordinance has come from owners of RB lots. o According to the source cited below, a minimum of 188 square feet of property is needed for each chicken.3 So, 5 chickens would require a total minimum of 940 square feet. To help visualize 940 square foot enclosures in RB Zoning District back yards, staff studied a typical RB block and produced the attached graphic. The space for 5 chickens can be accommodated on many of the lots, but not all. However, increasing the fenced enclosure from 940 to 1,504 square feet to accommodate 8 chickens would be excessive for all of these back yards. 2 "Recommendations For Municipal Regulations Of Urban Chickens ", by Chicken Run Rescue, 2010. Endorsed by the Humane Society of the United States and many poultry and animal care agencies. 3 Coop = 4 s.f. /bird; fenced coop pen = 10 s.f. /bird; fenced exercise yard = 174 s.£ /bird. Total is 188 s.f. /bird Page 3 of 4 o For the sake of simplicity of enforcement, staff recommends a single maximum flock size. But, if the City desires, it could allow more chickens in larger lot zoning districts. • Staff recommends allowing chicken enclosures (coops, coop pens, fenced exercise yards) only in rear yards. None should be allowed in interior or exterior side yards or in front yards. • The coop will have to meet the setback and separation standards for accessory structures (3' side and rear lot line setback in the RB Zoning District; 6' separation from any other structure.) • Staff recommends that all chicken enclosures should maintain a minimum separation of 20 feet from neighboring houses. More than this would have the effect of reducing the maximum flock size, since the fenced space would have to be reduced. • Since most urban land owners do not have experience keeping chickens, staff recommends establishing minimum design standards for the coop, pen and exercise yard. The standards included in Chicken Run Rescue publication cited above seem reasonable. • The City should consider whether it should prohibit slaughtering chickens on -site. Most cities that allow chicken keeping have decided to prohibit slaughtering on -site. It is not something they want to see done outside in the middle of an urban neighborhood. And, most homes today are not designed to handle slaughtering inside. • The City should consider whether permits should be required, or whether chickens would simply be allowed as long as the ordinance is followed. On the one hand a permit system generates work that likely outweighs public benefit. But, it offers an opportunity for the would -be chicken keeper to learn a bit about responsible care of chickens. Perhaps the solution is to produce educational materials that are available without creating a permitting system. • If a permit is required, should it be annual or some other renewal interval? • Should the City allow chickens on any property, or should it be limited to residentially zoned property? If only on residential property, should it be allowed on single- family and two- family property only? REQUIRED ACTION It is the Planning Commission's charge to formulate a recommendation to pass on to the City Council. Options include: A. Recommend approval of the ordinance amendment as requested. B. Recommend approval of the ordinance but with revisions. C. Recommend denial of the ordinance amendment. Page 4 of 4 D. Table the request to gather more information and consider potential revisions. RECOMMENDATION If the Planning Commission recommends approval of an ordinance to allow chickens in the City, staff would recommend revising the language along the lines of the suggestions offered above. Attachments: Requested Amendment RB Zoning District Graphic Duluth Ordinance Amendment to Chapter 31 § 31 -5414 Subd. 1 of the Stillwater Code of Ordinances relating to keeping chickens on less than 3 acres including within city limits. Chickens Limited. Subd. 1. No person shall keep or harbor hen chickens unless they have been granted a permit. The permit shall be subject to all terms and conditions of this Chapter and any additional conditions deemed necessary by the planning commission to protect the public health, safety and welfare. The necessary permit applications are available in the City clerk's office. A permit for the keeping of chickens may be revoked or suspended by the planning commission for any violation of this Chapter following written notice and a public hearing. The fee of $10 will be charged for each permit which shall expire on December 31 of the second year of the permit. Permit. Subd. 2. It is unlawful for any person to keep or harbor chickens on any premises unless issued a permit to do so as provided in this chapter or except as specifically allowed under §31 -514. Subd.1. No permit shall be issued for the keeping or harboring of more than five hen chickens on any premises. No permit shall be issued for the keeping of any rooster chicken on any premises. Sub. 3. A permit may be issued for the keeping or harboring of up to eight (8) hen chickens if the applicant's chicken enclosure is no closer than 50 feet to any dwelling on an adjacent lot, or, the applicant obtains written permission from the owner of each dwelling on an adjacent lot within 50 feet of the applicant's chicken enclosure. Conditions, Subd. 4. No person who owns, keeps or harbors hen chickens will permit the premises where the hen chickens are kept to be or remain in an unhealthy, unsanitary or noxious condition or to permit the premises to be in such condition that noxious odors are carried to adjacent public or private property. The premises must be kept vermin free. Chicken feed must be kept in rodent proof containers. Any chicken coop and run authorized by permit under this Chapter may be inspected at any reasonable time by a City Public Service Officer or other agent of the City. Violations. Subd. 5. Any person who keeps or harbors hen chickens in the city limits of Stillwater without obtaining or maintaining a current permit or after a permit has been suspended or revoked by planning commission action shall be guilty of a petty misdemeanor. Case 2012 -25 Chicken Ordinance 940 s.f. fenced enclosures minimally sufficient for 5 hens Typical block in RB District 20' min. separation from fenced chicken yard to neighbor's house RECOMMENDATIONS FOR MUNICIPAL REGULATION OF URBAN CHICKENS For distribution to public and permit applicants BASIC CHICKEN CARE INSTRUCTIONS (pages 2-8) REQUIREMENTS FOR KEEPING CHICKENS (page 9) Mary Britton Clouse Chicken Run Rescue 2010 Endorsed by Chicken Run Rescue Eastern Shore Sanctuary and Education Center Farm Sanctuary The Humane Society of the United States Sunnyskies Bird and Animal Sanctuary United Poultry Concerns Woodstock Farm Animal Sanctuary http://www.brittonclousexomichickenrunrescue/ Page 1 2/15/101 BASIC CHICKEN CARE INSTRUCTIONS CONSIDERATIONS BEFORE ACQUIRING A CHICKEN Lifespan - Chickens can live as long as a dog or cat— up to 14 years or longer. - Egg laying for a hen generally starts at 6 months old, peaks at 18 months and declines with age. Cost - Start -Up costs for coop, maintenance, tools, cleaning equipment, heating / cooling appliances, dishes, nets, food storage, scale, fencing, security locks, lighting, motion detectors, monitors, cameras, permit application ($2- 3,000) - Annual supplies per bird for food, bedding, nutritional supplements, hygiene supplies, permit fee, utilities ($300) - Vet care per bird per service (office exam $66, fecal test $28, plus other services as needed for illness or injury). Are you able to provide the birds with proper veterinary care needed? Time - Average 1 hour per bird per day minimum for cleaning, parasite control, grooming, physical exam, travel time to purchase supplies, construction, repair, medication, feeding, supervise free time out of pen. - Chickens need to be tended to twice daily. Will you have a person ready to substitute for you when you have reason to be absent? Space At least a 6 ft x 12ft x 6 ft high space in a yard is needed for a coop and pen for 4 birds, in addition to a larger fenced area for regular exercise. Location Coop and pen should be located in an area that provides shade, direct sunlight, good drainage and protection from prevailing winds and will not present a problem to neighbors. Uninvited guests Chickens will attract bird -mites and lice, mice, yard birds, squirrels, raccoons, dogs, coyotes, fox, mink, opossum, rats, owls, bobcats, hawks, snakes, weasels, ferrets, fishers, martens and humans. ACQUIRING A CHICKEN: ADOPTION OR PURCHASE /BREEDING? The recent interest in having chickens has overwhelmed animal rescue organizations with inquiries from people wanting to give up unwanted chickens. As with all other animals surrendered to shelters, rescue organizations cannot help them all. There are never enough homes for displaced animals, so adoption of birds who need homes is always the kindest choice. instead of purchasing from a breeder or hatchery. Adoption- By adopting from a rescue organization or a private individual, you can know what to expect with regard to the bird's health, sex, behavior and personality. Reputable rescue organizations can provide advice on selecting the right bird and care information, and they generally have a generous return policy to insure that bird will be happy, compatible and well cared for. Purchase /breeding- The identification of the sex of chicks by feed stores, breeders and hatcheries is often wrong and not apparent until the bird is 6 months old. 50% of the chicks hatched are roosters who are killed or otherwise discarded of as waste. Newborn chicks shipped through the postal service are deprived of their mothers, warmth and food. The younger the birds, the more fragile and difficult they are to care for. httpa /www.lbrittonclouse .corgi /chickenrunrescue/ Page 2 2/15/102 HEALTHY BIRD. CHECKLIST Eyes: clear, clean, wide open, alert Face / comb / wattle: clean, soft, blemish free, healthy deep red indicating good blood supply, (some faces are not red) Posture: head erect, good balance, stands or perches on both feet on extended legs, good grip on perch, facing activity Odor: none or slightly fermented hay Beak / nostrils: clean, uniform, shiny and solid Legs / feet: clean, shiny, uniform scales and nails; foot bottom soft and blemish -free; legs and toes straight and functional Feathers; clean, bright, shiny, smooth or fluffy; free of mites or lice Wings: held close to body, symmetrical, smooth movement in joints when flexed, flight feathers intact Skin: clean, soft, pale pink and translucent (some breeds have bare red patches at shoulders and keel), free of mites or Tice Droppings: 70% odorless green/ white, firm, 30% stinky brown pasty (cecal), watery if stressed Keel (sternum): Straight, good muscle mass on either side, lump free Crop (on bird's right side of lower neck): full, contents of consumed food easily palpated Vent: petite, clean, moist, soft, pliant Respiration: 12 -37 per min., inhalation louder and shorter than exhalation, minimal chest movement, closed beak NUMBER OF BIRDS Calculating available space, time, and cost (see above) will dictate how many birds can be properly cared for: Coop: 4 sq. feet of floor space minimum per bird for the interior (an area 2 ft x 2 ft per bird) Pen: 10 sq. ft of floor space minimum per bird (an area 3 ft x 3.3 ft per bird) Range/ exercise yard: 174 sq. ft per bird (an area about 10 ft. x 17 ft per bird) A single chicken is a sad chicken. Plan to have at least 2— they are flock animals and need the companionship of other chickens. Generally, 3 -5 compatible chickens can be well maintained in a typical city environment. Individual birds' sex, ages and temperaments can affect compatibility. Over crowding chickens is the most common mistake. Hens should outnumber roosters. Sometimes single birds can thrive with a human friend if they have special needs. Roosters, single or in pairs, are very sociable and can make terrific companions if handled gently and often. HANDLING & RESTRAINT Never handle a chicken by wings, feet or legs. Herd bird to corner using slow deliberate movement. (Fast= predator, slow = less threat.) Place hands over top part of wings (shoulders) and hold securely but do not squeeze. Pick up and hold under arm to keep wings in place. Support feet with other hand if bird will tolerate. To restrain for transport or examination, drape a towel over shoulders cape -style and wrap around body. TRANSPORTATION Consider travel time and avoid extreme weather conditions. Heat exhaustion can develop quickly, and interior car temps can reach fatal point 10 minutes. Medium - sized, hard pet carriers work well for security, safety, stress. Line with a towel, shredded paper or straw. Food is a good stress reducer. Offer wet food like greens or cucumber for long trips. ARRIVAL If other birds are already present, a 2 -week quarantine in a separate area is recommended to watch for http:// www_ brittonc ;louse.corn /chickenrunrescue/ Page 3 2/15/103 signs of illness and parasites. Avoid noisy, high - traffic areas, and allow the bird to acclimate before introducing to other birds, animals and family. PROVIDING A GOOD HOME NATURAL HISTORY It is important to understand how chickens live in the wild and to provide them with an environment that meets those instinctive physical and psychological needs as closely as possible. Chickens are all descended from Tropical Jungle Fowl and are adapted to living in a natural habitat that is spacious, richly vegetated, diverse and warm. This presents a particular challenge in a small, urban setting in a cold climate like Minnesota. Flocks have a highly developed social structure and members depend on one another for companionship and security. Naturalists have observed that they can recognize and remember 180 other individual flock members. They are ground - dwelling birds. Most are capable of low flight in short distances; smaller birds can fly higher and farther. In the wild, they roost in trees at dusk before they sleep or to escape predators. They hide their nests in cavities in the ground. The majority of their waking hours are spent active, widely ranging, grazing and foraging for food— plants, bugs and occasionally small rodents. In their natural state, they typically travel 1/2 mile from their roost each day. In the wild, they are never over crowded; if the population becomes too dense, members will break off into subgroups and spread out. They move on from one area to another, which allows food sources to regenerate and prevents their waste from concentrating in one place so it can decompose without health risk to the flock. Roosters alert the flock to danger, find food and call the hens to it and stand guard as they eat. They select and build nests and will even participate in caring for the young. They also act as peace keepers to intervene in disputes that can develop between flock members. Roosters will start to crow and display courting behaviors at about 6 months of age. It is essential to gently handle a rooster on a daily basis to establish that you are the flock leader (Alpha) and maintain a well - socialized companion. The hens spend their time scratching for food, dust bathing, preening, playing and napping. Hens begin to lay eggs at about 6 months of age. Hens in the wild produce only a few clutches of eggs a year for the sole purpose of reproduction. Domesticated hens have been bred to lay one egg a day, but by 18 months of age, egg - laying frequency generally diminishes, and many adult or senior hens stop laying altogether. Chickens are sociable, cheerful and intelligent creatures who can form lifelong bonds with each other and other species including humans, dogs and cats. Because of their keen intelligence and instinctive physical activity, they need a stimulating environment that mimics as much as possible the rich and diverse world nature designed them to enjoy. COOP, PEN, RANGE/ EXERCISE YARD "Housing and infrastructure. The primary purpose of poultry housing is to protect flocks against adverse weather and predators (coyote, fox, stray dogs, raccoons and raptors). Weather is of critical concern in the Upper Midwest, where summers can be extremely hot and winters bitterly cold. Housing must provide shade from sun and cover from rain. It must be able to withstand high winds and snow loads if it is to be used for year -round operation. These basic housing considerations apply to all poultry." - Poultry Your Way: A Guide to Management Alternatives for the Upper Midwest, Minnesota Department of Agriculture, 2005 ht p;/ /www_brittonclouse .corn /chickenrunrescue/ Page 4 2/15/104 COOP: The house, closed structure or enclosed room which provides shelter from cold, heat, wind, rain, snow and predators for protected roosting, nesting, feeding and watering space. Construction & Materials — Coops can be purchased ready made or in kits, constructed within an existing structure or built from scratch. Local building codes should be followed to prevent damage from snow, wind, etc. NOTE: rabbit hutches, plastic igloos, dog houses and such are not appropriate structures. Required features: Size: 4 sq. feet of floor space minimum is required per bird for the interior (an area 2 ft x 2 ft per bird). So, four birds will need a coop with an inside floor space of at least 4 ft x 4 ft, not including nest boxes. Outside dimensions should be about 5 ft x 5 ft x 6 ft high. Overcrowding is the most common cause of behavior problems, injury and disease. Coops should be high enough for a human to stand up comfortably for cleaning, maintenance and egg collection. It also allows for additional roosting. Temperament and social structures should be taken into account, and partitions should be available for birds who are sick, injured or lower in the pecking order. Access to electricity: This is required in free standing structures. Floor: The floor should not collect and hold moisture, should be easy to clean, should retain heat in cold weather and should exclude rodents /predators. A dirt floor draws heat away and is not easy to clean or to rodent /predator- proof. A wood floor is adequate, provided it is at least a foot off the ground, insulated and sealed properly— but it is difficult to sanitize because it is porous. A concrete floor is ideal since it discourages rodents /predators and is easy to sanitize. Regardless of the floor type, bedding strewn on the surface is needed is to absorb moist fecal matter and facilitate cleaning. Leaves or wood shavings work best and can be composted or easily bagged and disposed of as solid waste. Walls- Materials that are resistant to moisture and mold and easily cleaned are best. Chemically treated materials should be nontoxic. A good compound with anti fungal agents is good for humid areas. Clear varnish is also good. Everything should be treated or painted before it is assembled. Wooden structures should be draft free and built with double walls that have at least 1 1/2 inch insulation layer between them. Roof: The coop roof should be made of a material that will not collect and hold heat and should be built with double walls that have at least 1 1/2 inch insulated layer between them. The roof surface should be covered with an insulating tar paper to protect it from heavy rains. The roof should be slightly inclined, to allow water to run off. An overhang at the front wall will protect from downpours. A few small openings along the eaves allow moisture to escape and provide fresh air. Doors: One human -sized door is needed for daily access. Doors for chickens should be just large enough for the largest bird and can be positioned anywhere from ground level to about 2 feet high with a stable ramp with cleats. Chickens are ground dwellers, not parrots —small doors at heights greater than 3 feet with flimsy, unstable ladders are not appropriate. Doors must be able to be secured against predators at night. Windows: Chickens love windows and need natural light. Double glaze for warmth. Cover with 1/2" metal screen so they can be opened for ventilation in hot weather. Allow one square foot of window for each 10 square feet of floor space. Roosts: Lumber or branches can be used. They should be strong enough and mounted securely enough to hold all birds. The surface should be rough for good grip with no splinters or sharp edges. For medium sized birds, 2" or 4" flat or 1 1/2" diameter is best for foot comfort. The longer the roost, the better it will prevent competition. They should be set 18" from the wall, 2 -3 feet off the floor. If mounted higher, rung steps are needed, spaced 8 -12 inches apart. The addition of a dropping board underneath and an elevated roost will collect droppings and keep floor space below clean and inhabitable. Climate: Shelters should be kept at a comfortable temperature for the animals. According to the Minn. Dept. of Agriculture, "Minimum Temperature 55 °(F) , maximum temperature 70° (F)." (Ibid.) The coop should be heated to maintain a temperature above 32° F during the coldest part of the winter and cooled below 85° F in the hottest part of the summer. http: / /www.brittonclouse.com /chickens, nrescue/ Page 5 2/15/105 Below 32° F, birds are uncomfortable and cannot maintain body temperature. Below 15 °F, frostbite begins, and hypothermia increases. Oil- or water -filled safety heaters (i.e. brands Pelonis, DeLonghi, Honeywell) are completely closed, sealed systems that run on electricity. The oil is heated from within and the heat is radiant, so there are no exposed heating elements to create dangerous problems even if they tip over. Heat lamps should only be used with extreme caution and should be firmly attached at least 3 feet from animals and far from any flammable item, especially dry straw or bedding. Smoke alarms are highly recommended. Extra bedding should be available to keep animals warm and comfortable in cold seasons. Between 75° and 85° F, panting and dehydration begin; above 85° F, heat stress and danger of heat prostration increases. Ventilation: Doors, windows and vents near the ceiling supply oxygen, remove heat from breathing, remove moisture from breath and droppings, remove harmful gasses and dust particles, and dilute disease - causing, airborne organisms. Fans should be provided for hottest weather. Light: Natural light from windows and /or skylights are required. Can be supplemented with full spectrum incandescent light to follow normal seasonal light cycles and for cleaning and maintenance. The minimum light intensity you should provide should be enough to clearly see the hens feed when standing over the feeder. Feeders: Food receptacles should be made of non - corrosive material that is easily cleaned, minimizes spillage, prevents contamination with droppings and keeps food dry. The containers should be large enough for all the birds to comfortably eat at once or numerous enough to prevent competition or intimidation. Large, heavy, rubber feed buckets work nicely. Hanging dishes or feeders work as well and should be hung at about the level of the bird's back. If dishes are outside the coop, they should be set under an overhang to keep them dry when it rains. Waterers: Water receptacles should be made of non - corrosive material that can be cleaned and disinfected with a solution of chlorine bleach, prevent contamination with droppings and is spill and leak proof. The containers should be large enough for all the birds to comfortably drink at once and hold enough water for all birds for an entire day. They should be slightly positioned higher than the feeder or far enough away to prevent contamination with food. Nestboxes- One nest box is needed for every 3 hens. A 12 "W x 12 "D x 14 "H box is most versatile. Chickens prefer wooden nest boxes with covered opening for privacy placed on or as low to the floor as possible. If set higher, they require a perch in front of the opening. They should be filled with 2 -4 inches of straw, litter, or grass. They prefer to nest in the southeast corner of the structure whenever possible. PEN: The pen is a fenced area surrounding the coop that provides secure access to exercise, sunlight, earth and vegetation and is freely available to the birds when they are unsupervised. It is constructed to prevent the birds' escape and prevents entry by intruders /predators. Construction & Materials — Kennel pens can be purchased ready -made or in kits, or built from scratch. Local building codes should be followed to prevent damage from snow, wind, etc. Temperament and social structures of flock should be taken into account, and partitions should be available for birds who are sick, injured or lower in the pecking order. Required features: Size: 10 sq. feet of floor space (an area of 3 ft x 3.3 ft) minimum per bird is required, so 4 birds will need floor space of at least 6 feet x 7 feet. If the coop is adjacent to the pen, at least a 6 x 12 foot space in a yard is needed. If the coop is elevated 2 feet so the chickens can use the space underneath, the coop and pen can occupy some, but not all, of the same footprint. Having most of the pen in deep shade all of the time is conducive to unhealthy bacterial and fungal development. The pen should be high enough for you to stand up comfortably for cleaning, maintenance, capture and also to allow for additional roosting. Substrate: Choose a well- drained area. Substrate material for the pen should be clean, nontoxic, biodegradable, readily available, inexpensive and replaceable. Since it will become compacted from little feet and contaminated by concentrated droppings and parasites, it will need to be raked out and http://www.brittonclouse.corri/chickenrunrescuel om /chickenrunrescuo/ Page 6 2/15/106 replaced frequently to reduce odor and fly activity. Play -sand, leaves, municipal wood chips, sod and hard - wearing ground cover work well. Metal fencing / predator control: The type of fencing depends on what the most likely predators are in your area. Dogs, rats, raccoons, hawks and coyotes are the most prevalent in city neighborhoods, but others include fox, mink, opossum, bobcats, snakes, weasels, ferrets, fisher and marten. It's best to build the strongest deterrents possible. Chain -link panels or welded or woven fencing on a sturdy frame, reinforced at the bottom with small -mesh metal wire that prevents predators from tunneling under the fence will discourage most intruders. Regular inspection is the key to security. Gate: A gate is needed for easy human access. Cover: The pen should be covered to keep birds in and predators out. The type of covering needed will depend on the type of predators. Covering part of the pen with a roof such as corrugated fiberglass can provide shade and rain shelter. Windbreak: Providing a wind and snow break will give the birds a protected area to be outdoors even in winter. Shade: Shade must be available and can be provided by vegetation or strategically placed materials. Dust bath: Taking a dust bath is the closest thing to heaven for a chicken. They derive pleasure and contentment by bathing in the sun and in loose, dry soil depressions in the dirt, which cleans their feathers and rids them of parasites. Birds will usually dig their own hole for dust baths. Keep the soil in the dust bath loose, and add play -sand if it is a heavy clay soil. Adding a little poultry dust, diatomaceous earth or wood ash increases the effectiveness of parasite control. Large, heavy rubber feed buckets filled with play -sand are a welcome addition to the indoor coop in the winter. Enrichment furnishings: There is nothing sadder than a barren pen, when compared to the rich jungle environment chickens evolved in. Lots of large branches, stumps or platforms provide places to go and things to do, and they look natural and attractive in the pen. Include bushes, boxes or other objects to sit in or hide behind. Plant kale or other safe, edible vegetation around the outside of the pen for forage. Overcrowding, boredom and barren pens are the most common causes of behavioral problems. RANGE/ EXERCISE YARD: The larger fenced area like a backyard that provides ample space for safe exercise, forage, sunlight, earth and vegetation that is regularly available to the birds when supervised. For regular exercise, 174 sq. ft per bird (an area about 10 ft x 17 ft per bird) is required. Four birds will need access to a 40 ft x 70 ft fenced area in the yard. If there is no access to a larger range/ exercise yard, 16 sq. feet of floor space minimum per bird (an area 4 ft x 4 ft per bird) in the pen must be provided. Fencing: 6 feet of privacy fencing prevents and discourages uninvited human and animal visitors. It also promotes the safety and security of the birds and neighbors. Nontoxic plants: Chickens are inquisitive and voracious eaters of vegetation and many ornamental garden plants can be toxic to them. Learn which of your plants might be harmful and fence them off or better yet replace them with safe and nutritious plants. Security: Chickens are susceptible to theft, vandalism and predators and need to be securely shut in the coop at night. Security cameras, lights and baby monitors are also highly recommended deterrents. PROVIDING GOOD CARE FOOD / WATER Fresh food and water are required daily and should be available at all times. Hay, grain and prepared feed should be fresh —less than one year old and free of mold, insects or other contaminants. Daily intake should include: 60 % nutritionally balanced, prepared feed appropriate for the age of bird, 20% scratch (cracked corn, oats, black oil sunflower seeds, milo, barley) 20% fresh (nutritious foods and table scraps — caution, toxic: onion, avocados, chocolate). Supplements: oyster shell or limestone for calcium, granite grit for digestion, mineral salt or ground salt licks. Chickens drink 1 -2 cups of water a day. http: / /www.brittonclouse .corn/chickenrunrescue/ Page 7 2/15/107 Feed should be stored inside rodent -proof containers in a cool, dry area inaccessible to animals. Stored feedbags should be rotated to ensure that feed is always fresh. Food that is uneaten or spilled should be removed from animal enclosures daily. SOCIAL NEEDS Temperament and social structures of animals should be taken into account, and separate areas should be provided for incompatible birds. VET CARE Locate a veterinary clinic nearby that will see chickens before one is needed — preferably one that specializes in avian care. Chickens are welcome in increasing numbers of city clinics. Check vet backgrounds at htta: J /www.vetmed.state.mn.usJiefauit as�atabid =803. Have an isolation area or roomy carrier and heating pad for sick or injured birds. Critical /emergency first aid supplies should be kept, including roll gauze, gauze pads, tape, vet wrap, blood -stop powder, antibiotic ointment, antibacterial scrub and solution, and bandage scissors. SANITATION Manure and wet bedding should be removed from the coop and animal feeding and lounging areas daily. Thorough, complete cleaning of walls and perches, removal of all bedding, and disinfecting of the coop and furnishings should be done at least once a year. Keeping shelter areas clean and dry will help prevent bacteria, fungi, insects, rodents, etc. Rodent levels will be minimized by keeping all feed in rodent -proof containers and removing spilled or uneaten food promptly. Litter can be double bagged and disposed of as solid waste or composted, but composting must be done in an area where chickens will not scratch for at least a year. Housing animals in spacious, clean and relatively dust -free environments will keep them healthy and will minimize human exposure to infectious disease. Sources: Poultry Your Way: A Guide to Management Alternatives for the Upper Midwest, Minnesota Department of Agriculture, 2005 Standards of Care for Chickens, Adapted from Standards of Care for Farmed Animals, The Association Of Sanctuaries (TAOS). Edited by Chicken Run Rescue. 6/2008, revised 4/7/09 Poultry Housing Considerations for Low Input Small Scale Producers, David Sullenberger, TimeWarrior Farm Chronicle Special Reports, Revision E, fall 2003 Building Chicken Coops: Storey Country Wisdom Bulletin A -224, Gail Damerow, 1999 Chicken Health Handbook, Gail Damerow, 1994 ht www. brittorr clouse.com /chickenrunrescue/ Page 8 2/15/108 REQUIREMENTS FOR KEEPING CHICKENS The Permit for keeping chickens and other domestic fowl is contingent on your meeting responsibilities to your neighbors and the birds. Our department so often sees animals in inappropriate settings. Before going further, please read the enclosed CHICKEN CARE SHEET. Consider the commitment needed with regard to the lifespan, cost, time, space , location, and other consequences of caring for chickens. Next, consider the kind of impact they may have on your neighborhood. You must provide sufficient control so that their presence will not disturb neighbors with property damage, activity, noise, odor or trespass. You must keep your property clean and maintained in a manner that prevents insect and rodent infestations. Finally, consider the birds themselves. Are you willing to assume a long term commitment to them? They must be provided with food, water shelter and veterinary care. They also need kindness and personal attention. COOP: The house, closed structure or enclosed room which provides shelter from cold, heat, wind, rain, snow and predators for protected roosting, nesting, feeding and watering space. size: 4 sq. feet interior floor space minimum per bird (an area 2 ft. x 2 ft. per bird). access to electricity floor: wood- 1 ft. off the ground, insulated / sealed or concrete bedding: dean, absorbent, nontoxic, biodegradable and replaceable material walls: varnished, treated or painted draft free double walls 1 1/2 inch insulation roof: will not collect / hold heat, min, 1 -1/2 inch insulation, insulating tar paper, inclined, vents doors: 1 human -size, 1 bird door 0 -2 ft. high, stable ramp, secure latch windows: 1 square foot of window per 10 square foot of floor space roosts: 11/2 diameter or greater , 18" from wall, 2 -3 feet off the floor. climate control: heater, fan, ventilation to maintain temperature 32° min.- 85° max. F Tight: full spectrum, windows and /or skylights, incandescent light or other to follow normal seasonal light cycles. feeders/ waterers: non corrosive, clean, size and number sufficient, accessible for all birds nestboxes- 1 per 3 hens, bedding PEN: The fenced area surrounding the coop that provides secure access to exercise, sunlight, earth and vegetation and is freely available to the birds when they are unsupervised. It is constructed to prevent the bird's escape and prevents entry by intruders /predators. size: 10 sq. ft of floor space minimum per bird (an area 3 ft. x 3.3 ft per bird) substrate: well drained area; clean, nontoxic, biodegradable and replaceable matter metal fencing and gate / predator control: sufficient to keep birds in /predators out cover: sufficient to keep birds in /predators out windbreak, shade, dustbath, enrichment furnishings (ie. branches, stumps or platforms bushes, boxes) RANGE/ EXERCISE YARD: The larger fenced area like a backyard that provides ample space for safe exercise, forage, sunlight, earth and vegetation that is regularly available to the birds when supervised. size: 174 sq. ft per bird (an area about 10 ft. x 17 ft per bird) If no access to a larger Range/ Exercise Yard, pen must provide 16 sq. ft. of floor space minimum per bird (an area 4 ft. x 4 ft per bird) fencing: 6 ft privacy fencing FOOD / WATER: Fresh food and water daily, calcium supplement, grit, stored in rodent proof containers, uneaten / spilled removed daily. SOCIAL: separate areas provided for incompatible birds. VET CARE: designated veterinary clinic , isolation area SANITATION- manure /wet bedding removed daily; clean / disinfect coop and furnishings annually. Soiled litter double bagged for solid waste or composted in an area inaccessible to chickens for at least a year. http : / /www.brittanclouse .coral /chickenrunrescue/ Page 9 2/15/109 FINANCE COMMITTEE 08 -059 -0 REPLACEMENT 2 ORDINANCE NO. AN ORDINANCE ADDING SECTIONS 6 -79 AND 6 -79.1 OF THE DULUTH CITY CODE, 1959, AS AMENDED, PERTAINING TO OBTAINING A LICENSE TO KEEP CHICKENS IN CITY. BY COUNCILORS GILBERT AND GARDNER: The city of Duluth does ordain: Section 1. That Section 6 -79 of the Duluth City Code, 1959, as amended, be added to read as follows: Sec. 6 -79. Obtaining a license to keep chickens. (a) Any person who keeps chickens in the city of Duluth other than areas zoned S suburban districts under Section 50 -51 of this Code, shall obtain an annual license prior to acquiring the chickens. The license year commences on January 1 and ends on the following December 31. Applications shall be made to the city clerk. The city clerk shall collect the license fee; (b) Fees to be charged for the issuance of a license to keep chickens shall be set in accordance with Section 31 -6(a) of this Code; (c) All licenses shall be conditioned upon passing a mandatory inspection by the animal control authority; (d) The animal control authority may refuse to grant or may revoke a license if the chickens become a nuisance, as evidenced by a third admitted or judicially- determined violation of the Duluth City Code within 12 months of the first of the three admitted or judicially- determined violations; (e) The animal control authority may refuse to grant or may revoke a license to a person convicted of cruelty to animals under a code, ordinance or statute from this state, or a code, ordinance or statute from another state; (f) All reports of such inspections and reviews shall be in writing and maintained by the animal control authority. Section 2. That Section 6 -79.1 of the Duluth City Code, 1959, as amended, be added to read as follows: Sec. 6 -79.1. Keeping of chickens. (a) Each person holding a license to keep chickens within the city of Duluth shall comply with the following: (1) The principle use of the property where the chickens are to be kept is a single family dwelling as defined in Section 50 -1.18 of Duluth City Code; (2) No person shall keep more than five chickens; (3) No person shall keep a rooster; (4) No person shall keep any chickens inside the single family dwelling; (5) No person shall slaughter any chickens within the city of Duluth; (6) Chickens shall be provided a secure and well ventilated roofed structure in compliance with the current zoning and building codes; (7) The roofed structure shall be fully enclosed, wind proof, have one square foot of window to 15 square feet of floor space and have a heat source to maintain an adequate indoor temperature during extreme cold conditions; (8) The floors and walls of the roofed structure shall be kept in a clean, sanitary and healthy condition with all dropping and body excretions collected on a daily basis and placed in a fire- proof covered container until applied as fertilizer, composted or transported off the premises; 2 (9) Chickens shall be kept in the roofed structure or any attached fenced yard enclosure at all times; (10) The fence around the yard enclosure shall be securely constructed with a mesh type material and shall have protective overhead netting to keep the chickens separated from other animals; (11) The fenced yard enclosure shall be well drained so there is no accumulation of moisture; (12) A floor area or combination of the floor and fenced yard area for keeping chickens shall not be less than ten square feet of floor space per chicken; (13) No roofed structure or fenced yard enclosure shall be located closer than 25 feet to any residential dwelling on the adjacent lots. Section 3. That this ordinance shall take effect 30 days after its passage and publication. Approved as to form: Attorney COUNCIL REQUEST /ATTY GG /SG /CS:tmf /jmr 8/14/2008 STATEMENT OF PURPOSE: This ordinance adds new sections to the Duluth City Code relating to obtaining a license to keep chickens and regulating the keeping of chickens within the city of Duluth. 3 Planning Commission DATE: July 6, 2012 APPLICANT: Larry Cramer CASE NO.: 2012 -08 REQUEST: A special use permit for outdoor seating on a roof top deck and a variance to the parking requirements. LOCATION: 317 Main St S COMPREHENSIVE PLAN DISTRICT: DMU - Downtown Mixed Use ZONING: CBD - Central Business District PC DATE: July 9, 2012 REVIEWERS: Community Dev. Director, Fire Chief, Police Chief, Fire Marshal, and Building Official PREPARED BY: Michel Pogge, City Planner BACKGROUND The applicant is requesting a special use permit to allow outdoor seating for Rafters Bar & Grill. The outdoor seating area would be located on top of the building. Since no on- site parking would be provided for the restaurant expansion, a parking variance is also needed. Since the April 5th meeting when this request was last seen by the Planning Commission a number of changes to the plans have occurred. 1) All of the entrances and exits to the patio are now internal to the building. 2) A 9 -foot tall barrier is proposed along the south side of the deck to protect the property to the south. 3) 19 feet of separation is proposed between the deck and the building to the north to protect the property to the north. 4) The height of the patio has been shortened and a height variance is no longer needed. 5) The guard rail is setback 3 feet to the building edge to protect pedestrians on the sidewalk below the deck. The current plans represent a substantial improvement over the original plans. 317 Main Street S Page 2 SPECIFIC REQUEST In order to add the roof top deck, the applicant will need the following approvals from the Planning Commission: 1. A special use permit for outdoor dining. 2. A variance the parking requirement (6 spaces required /0 provided). 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. Zoning Ordinance Parking - The new roof top deck is 680 square feet in size. At the rate of one parking space for each 120 square feet of space, the use would need 6 parking spaces. Since the space is currently a non - habitable roof area no parking credit for the space is provided. Therefore the proposed change in use will generate the potential need for 6 more parking spaces. Since the required spaces cannot be provided on site, a variance has been requested and is discussed below. (2) Any additional conditions necessary for the public interest have been imposed. Architectural design - On July 2, the HPC reviewed the request. The commission approved the plans for the deck and the new proposed emergency exit on Main St. Roof top deck hours of operation - Due to its location and potential to conflict with residential units on the bluff, staff is recommending that restricted hours of operation be imposed on the roof top patio. Staff is recommending that food and beverage service for all customers on the outdoor patio cease by 9:30 pm and all customers exit the outdoor patio area by 10:00 pm. After one year, the Stillwater Police Chief may revisit the hours of operation and expand them up to one hour at his or her discretion. Additional hours of operation beyond 11:00 pm will require review and approval of the Planning Commission. 317 Main Street S Page 3 Roof top bar - Currently other communities in the metro are not permitting bars on roof top patios. There are a number of reasons for this. First is slows the delivery of intoxicating beverages and to it lessens the likelihood of creating a party environment which could be detrimental to surrounding residential units on the surrounding bluffs. Staff has gone back and forth on this condition and in fact at one time agreed to eliminate this condition. Upon further consideration, staff, including the police chief, feels it is prudent to have this condition in place for this permit. It is easier for the City to start with the condition and later remove it versus trying to amend the permit latter and add the condition in. Staff has included language that after one year, the Stillwater Police Chief may revisit this condition and permit a beverage service station on the roof top patio. If all goes well, this condition will be in place for only one year. Miscellaneous • Plans will need to be approved by the engineering, fire and building officials before the issuance of a building permit. Specific issues are listed in the conditions below. • 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 for review and approval. (3) The use or structure will not constitute a nuisance or be detrimental to the public welfare of the community. • As conditioned, staff finds this criterion to be satisfied. Parking Variance As mentioned above, based on the change of use for the proposed roof top deck, Rafters will need an additional 6 parking spaces to meet the Zoning Code regulation. However, the building within which Rafters is located has no on -site parking. Consequently a variance from the parking requirement has been requested. It has become common in the downtown zoning district to view the re -use of existing space as grounds for satisfying the "hardship" criteria for variance requests. Obviously, the existing set of circumstances prevents the new business from creating the required number of on -site parking spaces. It is for situations such as these that Section 31 -510, Subd. 1 (d)(1)i of the Zoning Ordinance was written. It allows for "alternative provisions" when the property being considered is in a parking district. The City has established a downtown parking district, which would allow for such "alternative provisions ". Only in new construction has the City aggressively required the construction of new parking spaces. About the only consistent "alternative provision" that the City has applied under these circumstances is that the business owner would be required to purchase monthly parking permits. In practice, the permits are used by employees or the business owners. This encourages the employees to park in lots that are a little further away from the business, allowing closer free parking to be used by customers. 317 Main Street S Page 4 In keeping with past practices, staff finds the variance review criteria to be met and would recommend approval of the variance with the condition that property or business owner be required to buy 6 monthly parking permits between May 1st and October 31st each year while the patio is open. 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 normal 60 day decision deadline and one time extension has passed; however, the applicant has voluntarily extended the decision deadline to September 15, 2012. STAFF RECOMMENDATION The Fire Chief, Police Chief, Fire Marshal, and Building Official have all reviewed the plans. With the below condition for approval, staff is recommending approval of the special use permit and variances. 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 applicant shall submit a SAC determination letter prior to the issuance of a building permit. 3. The application shall submit plans on the roof top deck certified by a structural engineer prior to the issuance of a building permit. 4. Plans shall be approved by the building inspector and fire marshal prior to the issuance of a building permit. 5. The applicant shall receive all appropriate Washington County Health Department approvals. 6. The property or business owner shall purchase 6 monthly parking permits to compensate for deficit in on -site parking between May 1st and October 31st each year. 7. The edge of the patio shall be no closer than 3 feet to the building edge. 8. No smoking shall be permitted on the roof top patio. 9. No amplified music shall be permitted on the roof top patio. 10. Food and beverage service for all customers on the outdoor patio shall cease at 9:30 pm. All customers shall exit the outdoor patio area by 10:00 pm. After one year, the Stillwater Police Chief may revisit the hours of operation and expand them up to one hour at his or her discretion. If the hours of operation are expanded in the future, the Stillwater Police Chief may rescind the extend hours upon receiving substantiated complaints, safety issues, or violations of 317 Main Street S Page 5 the conditions of this permit. Additional hours of operation beyond 11:00 pm requires review and approval of the Planning Commission. 11. Drinks of all types are permitted on the roof top patio; however, no physical bar or beverage service station shall be located on the rooftop. After one year, the Stillwater Police Chief may revisit this condition. 12. No glassware or glass bottles shall be available on the roof top patio. 13. There shall be no waiting area on the roof top patio. 14. When the roof top patio is open, a security staff member shall present at all times on the patio. 15. Security cameras will a minimum resolution of 2 mega pixels and capable to keep a minimum of 7 days of video shall be installed on the patio. The video cameras shall capture all entrances /exits to the roof top patio and views of the entire patio area. 16. A minimum of a 9 foot tall barrier shall be installed along the south edge of the patio. Final design shall be approved by the City Planner prior to the issuance of the building permit. 17. A copy of a survey showing the current heights of this and the adjacent buildings shall be submitted to the City prior to the issuance of a building permit. 18. This special use permit shall be reviewed before the Planning Commission and City Council for possible revocation or amending the conditions of this permit if substantiated complaints, safety issues, or violations of the conditions of this permit are received by the Community Development Director. attachments: Applicant's Form, packet, and location map Case 2012 -08 317 Main Street South 0 25 50 1 inch = 50 feet I Feet 100 City of Stillwater, MN Community Development Department 216 North Fourth Street Stillwater, MN 55082 651 - 430 -8820 — 651 - 430 -8810 fax Case 2012 -08 317 Main Street South N 0 75 150 1 inch = 150 feet City of Stillwater, MN 1 Feet Community Development Department 300 216 North Fourth Street Stillwater, MN 55082 651 - 430 -8820 — 651 - 430 -8810 fax Al' I ?Ain° S LTG *fa-. ?Al" e IT 'PA 5 i sere _1 LRC Management Company 1928 Warbler Lane Saint Paul, MN 55119 Office 651- 739 -9574 Fax 651 -739 -9574 6/15/12 City of Stillwater Planning Dept. Attn: Mike Pogge Re: Revised Letter of Intent Dear Mr. Pogge: This is our revised letter of intent to accompany our upcoming fourth Design Review application to construct a downsized proposal for a rooftop dining patio on our River Exchange Building located at 317 Main St. S. As you know, the previously approved Design Review permit was conditioned upon Marine Leasing LP to sell us a permanent easement or land to allow for the exterior fire escape. Following extensive negotiations, Marine Leasing has now informed us they will never sell us a permanent easement or outright sell us the necessary 1 -2 ft of land to allow us to implement the design approved. Hence we are coming back for design review one last time where we have only a single option left to provide for an interior fire escape route to Main St. As referenced in our third design review application, Rafters has downsized the patio dining deck to accommodate only up to 45 -48 guests around patio style furniture with umbrellas to provide shade, and 3 staff to serve them. The entrance to the patio will be via an internal stair extending upwards from our current east stair. An additional exit will be via a fire rated stair enclosure near the southwest corner of the building. As mentioned above, there is no option for an exterior stair fire escape and the City will not allow us to provide an internal fire escape from roof to the second floor stairwell and use the existing stairwell and front door exit as our fire escape. We have modified the design from the previous submittal so the fire escape door to Main Street is unobtrusive and have provided for front facade symmetry by moving the existing retail space door to the North. A vestibule approach was not feasible as the retail entrance from Main St. would have been eliminated and convoluted so as not to be even recognizable as a retail store entrance. This was not acceptable for a retail business. Again, by way of review, we have 7 ft. high vertical picket security fences covered by fabric, with the exception that along the south side, where there has been a concern from Marine Leasing, we have provided for 9 ft. high fence, as this height is the maximum we can go without a height variance and is acceptable to Marine Leasing. The shade structure is a frame with retractable fabric awnings. The fabric in both of these would be removed in the off — season when the patio is not in use. Our previous submissions provided examples of the proposed lighting, fencing and materials. Further, conditions of operation have already been established for the previous Design Reviews so as to meet the concerns of city officials and our neighbor, Marine Leasing. These conditions meet the concerns expressed by Marine Leasing. We are continuing to work closely with the City Planning, Fire, Police, and Building Inspectors offices throughout this project to insure that the dining patio is built to meet all the required city codes and concerns regarding visual, safety, security, fire and health. A roof top deck is not a new concept, as there are literally thousands and thousands of these rooftop dining decks across the country and more than a couple of dozen in the Minneapolis /St. Paul metro area. So we are certain that it will be built safely and securely and meet any required codes. We believe that the proposed dining deck is going to be a wonderful addition in dining experience options for both residents of Stillwater and to the many tourists who will see this as another reason to make Stillwater a destination of choice. Besides providing an un- paralleled, unique one of a kind, and absolutely gorgeous view of the scenic St. Croix Wild River Valley, it will help to bring new, much needed, business to the town and merchants of Stillwater. This would be a wonderful addition for Rafters customers to enjoy an outdoor dining experience and allow us to compete with other outside venues during the summer and fall seasons. Thank you for your assistance on this project. s Propri to or ��� m8 St 6 MN 55082 Telephone: 4 30 - 40 56 i e4"-` }4N.. 1I���i s�t'i1r v plc.: Above: aluminum and fabric shade structure: fabric shade removed in off- season Below: similar aluminum and fabric shade structure, with proposed low wall mounted / post mounted lighting, and low voltage up-lighting of fabric canopy Above: patio showing table lights (and Dubai) Below: privacy fabric screen fences three sides:: 6-0 high black metal vertical picket fence with 6-0 high 80-95% opaque fabric; black (shown) or dark green Fak122MArfas‘liM • ff., .:;.• Above: Low voltage lights at wall and posts Below: Low voltage up-lights at fabric canopy 11 water THE BIRTHPLACE OF MINNESOTA DATE: July 3, 2012 TO: Planning Commission REGARDING: Beekeeping Ordinance HEARING DATE: June 11 & July 9, 2012 AUTHOR: Bill Turnblad, Community Development Director BACKGROUND In June the Planning Commission opened a public hearing to consider an ordinance amending the City's beekeeping regulations. Testimony was offered and the Planning Commission discussed various aspects of beekeeping with representatives of the beekeeping community. The hearing was closed. The Planning Commission discussed a number of issues and tabled their recommendation for staff to incorporate changes into the next draft of the ordinance. CHANGES According to a consensus of the Commission, changes were made to the draft ordinance. Those changes are: 1. The location of honeybee colonies is limited to single- family residential zoned properties. One exception to the single- family zoning is that in the RB, Two - Family Residential Zoning District honey bee colonies may be kept if: a) the property is a single- family home, or b) the property is a two- family home and the resident owner is the beekeeper. 2. An annual permit is required. 3. Beekeeping training is required to be issued a permit. a. Either provide a certificate of completion from a honeybee keeping course from the University of Minnesota or from Century College; or b. Request consideration for having completed a comparable course from another institution or instructor; or Page 2 of 4 c. Request consideration for substituting equivalent experience for the honeybee keeping course. d. The City shall consult with beekeeping instructors at the University of Minnesota or Century College to evaluate requests for substituting alternate training methods. The purpose for the consultation is to determine whether the requested alternate training provides a knowledge base substantially similar to the one learned through the University of Minnesota or Century College. REQUEST If the changes that are incorporated into ordinance are acceptable to the Planning Commission, staff requests that the Planning Commission would recommend that the City Council adopt the attached ordinance. City Permit Neighbor consent Hearing Hive setback Fence Flyway barrier Colony density Notes Lindstrom Yes No If requested by neighbors 10' Yes Yes1 <0.5 ac = 1 .5 - .75 ac = 2 .75 -1 ac = 4 >1 = 82 A, B, C, D, E, F Centerville Yes Yes' No 25' No No 3 hives max; .5 ac min lot Bloomington No No No None4 No No 1 ac per hive G St. Paul Yes Yess No None4 Yes Yes 1 hive per 2,000 square feet of lot F, G, H Minneapolis Yes Yes!' If requested by neighbors None4 Yes Yes1 <0.5ac =2 .5 - .75 ac = 4 .75 -1 ac = 6 >1 = 82 B, C, D, E, F, J Allen Park, MI Yes No No 10' No Yes 2 B, C, H, Belvidere, IL Yes No No 50' No Yess <•25 ac = 3 >.25 ac = 6 B, C McFarland, WI No No No 20' No Yes` Not specified B, C Racine, WI Yes No No None' No Yes Not specified B, C Stillwater (current) No No No 500' No No 1 hive maximum Stillwater (proposed) Yes No No None No Yes <0.5 ac = 2 .5 - .75 ac = 4 .75 -1 ac = 6 >1 = 8 B, C, D, G, I, J MN Hobby Beekeeper's Model Ord. No No No None No Yes <0.5ac =2 .5- .75ac =4 .75 -1 ac = 6 >1 = 82 B, C, D, E Key to the Notes: See next page 1 Unless hives are more than 25 feet from lot lines, then no flyway barrier is required. 2 One more hive allowed temporarily if the resident beekeeper provides swarm services in the City. ' 100% of abutting residents. 4 No minimum lot setback, but if a hive is less than 25 feet from lot line, a flyway barrier is required. 5 75% of residents within 150' of applicant's property lines, or proof that the applicant's property lines are 150' or more from any structure. 6 80% of residents within 100 feet of applicant's property lines and 100% of residents immediately adjacent to applicant's property lines. 7 Hearings only if there is an alleged violation of the ordinance by a beekeeper. "Unless hives are more than 50 feet from lot lines, then no flyway barrier is required. y No minimum lot setback, but if a hive is less than 50 feet from lot line, a flyway barrier is required. 10 The apiary operation does not require a permit, but selling honey on the residential property require a Home Occupation Permit. Page 4 of 4 A. Hives can be in rear yard only. B. Bees must be kept in hives with removable frames. C. A convenient source of water must be maintained as long as bees are active outside of hive. D. No wax comb or other material that encourages robbing by other bees may be left on the grounds. E. For each hive (colony) permitted, one nucleus colony (but only one) is also permitted. F. Self - latching fence at least 10 feet from hive area and five feet tall. G. Not allowed on multiple family lots (three or more dwelling units). H. "Warning Bee Hive" must be posted on fence. I. Beekeeper shall defend and hold City harmless against any claims arising from the beekeeping. J. Beekeeping training required. Draft Version 5 7/3/12 ORDINANCE NO. KEEPING OF BEES The City Council of the City of Stillwater does ordain: 1) Sec. 27 -3 of the City Code entitled "Keeping of bees" is amended to hereafter read as follows: "Sec. 27 -3. Keeping of Bees. Subd. 1. Definitions. The following words and terms shall have the meanings ascribed in this section unless the context of their usage indicates another usage. 1.1 "Apiary" means the assembly of one or more colonies of bees at a single location. 1.2 "Beekeeper" means a person who owns or has charge of one or more colonies of bees. 1.3 "Beekeeping equipment" means anything used in the operation of an apiary, such as hive bodies, supers, frames, top and bottom boards and extractors. 1.4 "Colony" means an aggregate of bees consisting principally of workers, but having, when perfect, one queen and at times drones, brood, combs, and honey. 1.5 "Hive" means the receptacle inhabited by a colony that is manufactured for that purpose. 1.6 "Honeybee" means all life stages of the common domestic honeybee, apis mellifera (African subspecies and Africanized hybrids are not allowed). 1.7 "Lot" means a contiguous parcel of land under common ownership. Subd. 2. Purpose of ordinance. The purpose of this ordinance is to establish certain requirements for beekeeping within the City, to avoid icissues that might otherwise be associated with beekeeping in populated areas. a. Compliance with this ordinance shall not be a defense to a proceeding alleging that a given colony constitutes a nuisance, but such compliance may be offered as evidence of the beekeeper' s efforts to abate any proven nuisance. b. Compliance with this ordinance shall not be a defense to a proceeding alleging that a given colony violates applicable ordinances regarding public health, but such compliance may be offered as evidence of the beekeeper's compliance with acceptable standards of practice among hobby beekeepers in the State of Minnesota. Draft Version 5 7/3/12 Subd. 3. Standards of Practice. a. Honeybee colonies shall be kept in hives with removable frames, which must be kept in sound and usable conditions. b. Each beekeeper must ensure that a convenient source of water is available within 10 feet of each colony at all times that the colonies remain active outside the hive. c. Each beekeeper must ensure that no wax comb or other material that might encourage robbing by other bees is left upon the grounds of the apiary lot. Such materials once removed from the site shall be handled and stored in sealed containers, or placed within a building or other vermin -proof container. d. Each beekeeper shall maintain his beekeeping equipment in good condition, including keeping the hives painted if they have been painted but are peeling or flaking, and securing unused equipment from weather, potential theft or vandalism and occupancy by swarms. e. Honeybee colonies may only be kept on single - family residential property zoned A -P (Agriculture Preserve), RA (Single - Family Residential), RB (Two- Family Residential), TR (Traditional Residential), LR (Lakeshore Residential). CR (Cottage Residential), or CCR (Cove Cottage Residential). One exception to the single- family residential standard is that honeybee colonies may be kept on a two - family property if it is zoned RB and a resident owner of the property is the beekeeper. f. Each beekeeper is allowed to make in person sales of honey from the beekeeper's residence as long as the following standards are met: i. The beekeeper must live on the apiary lot; and ii. All honey sold in person on the residential premise must be produced by the beekeeper's hives that are located on the subject residential premise; and iii. No products may be sold in person at the residence except honey produced from hives on the premise; and iv. No outside storage or display of products or merchandise; v. No traffic that is greater than the residential level of the neighborhood; vi. No separate business entrance; vii. Only one sign, located on the apiary lot, with a dimension not exceeding two square feet; viii. Not more than 15 percent of the total gross floor area of the residence or 300 square feet, whichever is less is devoted to making, storing and selling honey; Draft Version 5 7/3/12 ix. No activity or equipment may be used that creates noise, vibration, glare, fumes, odor, or electric or television interference is permitted if it is detectable by adjacent neighbors; and x. No nonresident employees are permitted. Subd. 4. Colony density. a. No person is permitted to keep more than the following numbers of colonies on any lot within the City, based upon the size of the apiary lot: i. One half acre lot or smaller: 2 colonies; ii. Lot larger than half acre but smaller than 3/4 acre: 4 colonies; iii. Lot larger than 3/4 acre lot but smaller than 1 acre: 6 colonies; iv. One acre lot but smaller than five acres: 8 colonies; v. Larger than five acres: no restriction. b. In each instance where a colony is kept less than 25 feet from a property line of the lot upon which the apiary is located, the beekeeper shall establish and maintain a flyway barrier at least six feet in height. Subd. 5. Permit required. a. No beekeeping may occur on any property in the City unless the City issues an annual permit to the beekeeper on that specific property. b. Permits are non - transferable and do not run with the land. c. A permit constitutes a limited license granted to the beekeeper by the City and in no way creates a vested zoning right. d. By signing the permit, the beekeeper acknowledges that he or she shall defend and indemnify the City against any and all claims arising out of keeping the bees on the premises. e. The fee for the initial annual permit shall be as established by the City Council { $25 recommendation for 2013 fee schedule{. For each subsequent year there shall be no fee for the permit, unless there are substantial changes to the apiary or there is a new beekeeper. f. All standards of practice and colony density standards must be met in order to issue a permit. g. If the standards of practice are not maintained subsequent to issuance of a beekeeping permit, the City may revoke the permit. h. Beekeeping training is required for the beekeeper prior to issuance of an initial beekeeping permit by the City. Draft Version 5 7/3/12 J. i. Either provide a certificate of completion from a honeybee keeping course from the University of Minnesota or from Century College; or ii. Request consideration for having completed a comparable course from another institution or instructor; or iii. Request consideration for substituting equivalent experience for the honeybee keeping course. iv. The City shall consult with beekeeping instructors at the University of Minnesota or Century College to evaluate requests for substituting alternate training methods. The purpose for the consultation is to determine whether the requested alternate training provides a knowledge base substantially similar to tl,, one learned through the University of Minnesota or Century College. Any beekeeper wishing to make in person sales of honey from their home according to the standards of practice section must so indicate on the annual permit. Subd. 5-6. Penalty for violation of section. Any person who shall violate the provisions of this section shall be guilty of a misdemeanor." Enacted by the City Council of the City of Stillwater this day of , 2012. CITY OF STILLWATER Ken Harycki, Mayor Attest: Diane F. Ward, City Clerk I� ater THE BIRTHPLACE OF MINNESOTA DATE: July 3, 2012 TO: Planning Commission REGARDING: Marina Ordinance AUTHOR: Bill Turnblad, Community Development Director BACKGROUND In June the Planning Commission discussed an ordinance amendment to remove the non - conforming status of all of the marinas in the City. Currently all marinas are on property zoned RB, Two - Family Residential. Marinas are not allowed in the RB Zoning District. Consequently, they are all non- conforming. Each marina operates with an individually approved Conditional Use Permit (CUP). Nonetheless, they are non - conforming. This situation occurs as a result of an ordinance change in 2004. Prior to 2004 a CUP could be issued for any use the City Council thought was reasonable, even if it did not appear in the list of allowed uses for a specific Zoning District. In 2004 the "any reasonable use CUP" was eliminated. So, since marinas are not listed as an allowed use in the RB Zoning District, marinas became non - conforming even though they have CUPs. DISCUSSION The solution agreed to by the Planning Commission, the marina owners and city staff is to amend the list of allowed uses in the RB Zoning District to include marinas as a conditionally permitted use. The only outstanding issue is whether marina accessory uses should be specifically listed; allowed simply by stating that "customary accessory uses" are also allowed; or by remaining silent on accessory uses. The Planning Commission directed staff to draft a list of customary accessory uses to include in the ordinance. During research on a list of "customary accessory uses ", staff had a lengthy conversation with Molly Shodeen, the DNR's hydrologist for the area. She Page 2 of 3 strongly recommends remaining silent on "customary accessory uses ". Her reason is that the St. Croix River is a "wild and scenic" river. Marina expansions on "wild and scenic" rivers are prohibited unless an Environmental Impact Statement (EIS) is developed and found acceptable according to the procedures and regulations promulgated by the State of Minnesota and administered by the Environmental Quality Board. And, "expansions" can sometimes occur through the back door if "customary accessory uses " are listed. Therefore, rather than short - circuit the demanding EIS approach to expansion, Shodeen suggests the City remain silent on accessory uses. This approach still allows for accessory uses, but upon a case -by -case examination. If a marina owner proposes an accessory use, the City can review it to determine whether it is an expansion of boat capacity (which should go through an EIS) or not. If it is not an expansion, and it is appropriate in the neighborhood and on the site, then the City can amend the CUP to allow the accessory use. RECOMMENDATION Staff concurs with Shodeen's suggestion and recommends that the City remain silent on accessory uses. NEXT STEP The next step is for staff to draft an ordinance and schedule a public hearing. Attachment: June 7 Planning Report f ater THE BIRTHPLACE OF MINNESOTA Planning Commission Report DATE: June 7, 2012 CASE NO.: 2012 -20 APPLICANT: City of Stillwater REQUEST: Discuss Amendment That Would Allow Marinas in RB District BASE ZONING: RB, Two - family Residential District OVERLAY ZONING: St. Croix River Overlay District PREPARED BY: Bill Turnblad, Community Development Director REQUEST Discuss an amendment to the RB, Two - Family Residential Zoning District to allow marinas on the St. Croix River by Conditional Use Permit. BACKGROUND Marinas are allowed in the St. Croix River Overlay District. But, they are not allowed in any of the City's base zoning districts. Therefore, they are not a permitted use in the City. Each existing marina operates under a grandfathered Conditional Use Permit. So, they are legal operations, but they are all non - conforming operations. Legal non - conforming uses are allowed to continue to operate as they do, but they are not allowed to build major expansions. They are also prevented from implementing substantial business changes that impact the way the land is used. In addition, if a marina owner wishes to sell the business, it is often difficult to convince a banker to approve a loan for a non - conforming property. In order to remove the non - conforming status of the marinas, an ordinance amendment is necessary. The amendment approach preferred by the marina owners is to leave all of the properties zoned RB as they currently are, and amend the RB Zoning District to allow marinas by Conditional Use Permit. Their existing use permits would continue to be valid, no rezoning would be necessary, and their non - conforming status would be removed. CURRENT STATUS OF MARINAS 1. As mentioned above, all existing marinas within Stillwater are legal, but non - conforming uses. Marina Regulations Page 2 a. The base zoning for all Stillwater marinas (and the St. Croix Boat & Packet) is RB, Two - Family Residential i. Since about 2004 marinas were not permitted in the RB zoning district. ii. Until 2004 a Conditional Use Permit could be issued for any use the City Council thought appropriate within any zoning district in the City. All four of the current marinas, and the St. Croix Boat & Packet, were issued Conditional Use Permits under this provision. iii. The provision was struck from the City Zoning Ordinance in about 2004. Since that time, a land use must be specifically listed in a zoning district's use table as "permitted" or "allowed with Special Use Permit" or the use is prohibited in that zoning district. iv. Consequently, in 2004 all of the marinas became "grandfathered" legal non- conforming uses. b. All riverfront properties also lie within an overlay zoning district known as the "St. Croix River Overlay District ". This overlay district allows marinas with a Conditional Use Permit. i. When there are conflicting regulations in the Zoning Ordinance, the most restrictive regulation applies. Therefore, even though the overlay district allows marinas by Conditional Use Permit, since the RB zoning does not allow them, they are prohibited ii. Grandfathered uses are allowed to continue, but they are generally not allowed to expand or substantially change their property usage. CURRENT REGULATIONS There are a number of jurisdictions that regulate the marinas along the Sr. Croix River. The two that have jurisdiction for the land use activities associated with marinas are the City and the Minnesota Department of Natural Resources. As seen in the regulations from the City and DNR below, the City defers to the State rules for marina performance standards. Stillwater City Code Chapter 31 (Zoning), Section 31-401 (St. Croix River Overlay District) Subd. 11. Marinas. Marinas in the St. Croix River overlay districts shall be regulated as follows: (a) New and /or expanded marinas may be allowed (b) New marinas must meet the design standards of the state department of natural resources regulations, including Minnesota Rules part 6105.0410, subpart 2. (c) Permit requirements. No construction or development associated with a marina may begin until all of the following authorizations have been obtained by the applicant: (1) Marinas are a conditional use in the St. Croix River Overlay District. (2) For uses and structures above the ordinary high -water mark associated with a marina, a public hearing must be held by the city council to consider a marina as a conditional use in accordance with the state department of natural resources regulations including Minnesota Rules part 6105.0530. The city council may approve Marina Regulations Page 3 or deny the marina on the standards of the state department of natural resources. If the city council approves the marina, final issuance of the local permit must be conditioned upon granting of all state and federal permits required by the state department of natural resources including Minnesota Rules part 6105.0410. State of Minnesota Administrative Rules 6105.0410 MARINAS. Subpart 1. District location. New marinas may only be allowed between the Boomsite Highway Wayside and Stillwater and downstream from the northern city limits of Stillwater in urban districts. Subp. 2. Design standards. New marinas or marina expansions may be permitted only if they are in the public interest, their size does not exceed the resource limitations of the site, and their design involves utilization of existing harbors in the watercourse or construction of harbors landward of the watercourse. The design of a marina shall allow for screening between the harbor and the main channel of the watercourse so as to make marina facilities visually inconspicuous in summer months as viewed from the river. An alternative to use of the water surface for new marinas or marina expansions could be the provision of drydocking facilities for the storage of boats during the open -water season. Subp. 3. Permit requirements. No construction or development associated with a marina shall begin until all of the following authorizations have been obtained by the applicant: A. Land authorization. Marinas must be listed as a conditional use in a Saint Croix Riverway ordinance. For uses and structures above the ordinary high -water mark associated with a marina, a public hearing shall be held by the local authority to consider a marina as a conditional use in accordance with part 6105.0530, subparts 2 to 5. The local authority may approve or deny the marina as a result of the public hearing. If the local authority approves the marina, final issuance of the local permit shall be conditioned upon the granting of all state and federal permits required for a marina. B. Water authorization. (1) Minnesota Statutes, section 103G.245 requires a permit from the commissioner to change the course, current, or cross - section of public waters wholly or partly Marina Regulations Page 4 within the state in the Saint Croix Riverway by any means, including, but not limited to, filling, excavating, or placing of any materials in or on the beds of public waters. (2) Under section 10 of the River and Harbor Act of 1899 and /or section 404 of the Federal Water Pollution Control Act Amendments of 1972, a permit for structures and /or fill is also required from the Army Corps of Engineers. (3) If the local authority grants the conditional use permit, then prior to the issuance of a permit required by Minnesota Statutes, section 103G.245 for the construction, reconstruction, or expansion of a marina in the Saint Croix Riverway, the commissioner may hold a public hearing as provided by Minnesota Statutes, section 103G.311. (4) Preservation of existing screening, or the establishment of adequate screening shall be a primary consideration of the commissioner in reviewing marina permit applications in the Saint Croix Riverway. Aesthetic incompatibility with the purposes of these standards and criteria shall be adequate justification for denial of a permit application by the commissioner. (5) Shoreline protective structures authorized by permit, such as rock riprap revetments, shall be of natural earth color tones so as to be visually inconspicuous from the river. (6) Below the ordinary high -water mark in the watercourse outside of harbors, no permanent pilings, piers, docks, levees, jetties, breakwaters, or the like shall be authorized for marinas. C. Sanitary authorization. All fueling and sanitary facilities associated with a marina shall conform to applicable standards, criteria, and rules of the Minnesota Department of Health and the Minnesota Pollution Control Agency, and any applicable local government regulations in terms of location, size, construction, use, and maintenance. PROPOSED AMENDMENTS City staff suggests that the City continue to incorporate the State marina rules by reference into the St. Croix River Overlay District regulations. But in order to remove the non - conforming status of the existing marinas, staff recommends adding marinas as an allowed use with a Conditional Use Permit in the RB Zoning District. In addition, the Planning Commission may want to consider specifying which accessory marina uses would be acceptable. This can be done in one of two ways. 1) Simply state that customary accessory marina uses are allowed. a. This option could include a requirement that the accessory use must be approved by the Planning Commission and specifically listed in the Special Use Permit. b. Alternatively, this option could simply allow customary accessory uses as a right of marina operation. If there is a question whether a particular accessory use is customary or not, the issue could be required to appear before the Planning commission for a decision. 2) Create a list of acceptable accessory uses. Marina Regulations Page 5 a. If the Planning Commission wishes to take the list approach, staff would suggest asking the marina owners and operators what they would like to see in the list. Staff would then ask the DNR to review the proposed accessory use list and thereafter bring it to the Planning Commission for discussion. SPECIFIC REQUEST Staff requests that the Planning Commission decide: 1) Whether the City should continue the current practice of incorporating State marina rules by reference, or whether the City should create its own; and 2) Whether customary accessory marina uses should be specifically listed or allowed generically. cc: Marina Owners Molly Shodeen, DNR Attachments: Marina maps T H E B I R T H P L A C E OF M I N N E S O T A Dutchtown Marinas Zoning Map Zoning Districts A -P, Agricultural Preservation RA- Single Family Residential RB - Two Family TR, Traditional Residential LR, Lakeshore Residential CR. Cottage Residential CTR. Cove Traditional Residential CCR. Cove Cottage Residential CTHR. Cove Townhouse Residential TH. Townhouse RCM - Medium Density Residential RCH - High Density Residential VC, Village Commercial CA - General Commercial CBD - Central Business District BP -C. Business Park - Commercial BP -O. Business Park - Office BP -I, Business Park - Industrial IB - Heavy Industrial CRD - Campus Research Development PA - Public Administration 1 PROS - Park. Rec or Open Space Public Works Facility ROAD WATER 2030 City Limits June 1, 2011 ♦ rr 1 rr • r r' \ 1 ♦ 1 \ ► 1 \ . 1 ♦ • r• 1 f' ff ♦ T H E B I R T H P L A C E O F MINNESOTA -' Downtown Marinas Zoning Map Zoning Districts A -P, Agricultural Preservation RA- Single Family Residential RB - Two Family TR, Traditional Residential LR, Lakeshore Residential CR, Cottage Residential - CTR, Cove Traditional Residential - CCR. Cove Cottage Residential - CTHR, Cove Townhouse Residential TH, Townhouse RCM - Medium Density Residential RCH - High Density Residential VC, Village Commercial CA- General Commercial CBD - Central Business District BP -C. Business Park - Commercial - BP -O. Business Park - Office BP -I, Business Park - Industrial - IB - Heavy Industrial CRD - Campus Research Development PA- Public Administration lilt PROS - Park. Rec or Open Space Public Works Facility ROAD WATER ® 2030 City Limits „r r'' r' rr'' 1 ♦ 1 1 \1 ...---o . rrr' ; rr {{ 1\ \ r'''rrr 1 { 1 ■ 11 ,1{ 1{ r 1--- ........ \1 { rrr ■ rrf 1 1 1 1 o2 Sti11water. T H E BIRTH A L A C E OF M I N N E S O T A Sunnyside Marina Zoning Map t 1 1 i • • =city Limits A -P, Agricultural Preservation RA - Single Family Residential RS - Two Family TR, Traditional Residential LR. Lakeshore Residential CR. Cottage Residential CTR. Cove Traditional Residential CCR, Cove Cottage Residential CTHR. Cove Townhouse Residential T'r TH, Townhouse RCM - Medium Density Residential RCH - High Density Residential VC, Village Commercial IN CA - General Commercial - CBD - Central Business District BP-C, Business Park - Commercial — BP-O. Business Park - Office BP -I. Business Park- Industrial IB - Heavy Industrial ▪ CRD - Campus Research Development PA - Public Administration - PROS - Park. Rec or Open Space Public Works Facility ROAD WATER June 2011