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HomeMy WebLinkAbout2012-186RESOLUTION 2012 -186 CITY OF STILLWATER WASHINGTON COUNTY, MINNESOTA A RESOLUTION APPROVING A VARIANCE FOR AN OUTDOOR POOL ON PROPERTY LOCATED AT 745 LIBERTY COURT PLANNING CASE NO. 2012-33 WHEREAS, Property Owners Michael and Peggy Eiselt desire to construct a pool and associated equipment in the back yard on property located at 745 Liberty Courts; and WHEREAS, the subject property is zoned Lakeshore Residential (LR); and WHEREAS, City Code Section 31 -303 (b) related to the LR zoning district states the following: (2) No retaining walls may be constructed to create yard areas or sites for swimming pools. (3) No accessory building or uses that result in the cutting of trees or clearing of vegetation are permitted. WHEREAS, without a variance to the zoning code the property owners are unable to build a pool in their back yard due to topography and trees; and WHEREAS, on September 14, 2012 the property owners made application for said variance; and WHEREAS, the Stillwater Planning Commission held a public hearing and reviewed the request at their October 8, 2012 meeting at which time they unanimity denied the requested variance; and WHEREAS, on October 15, 2012, the property owners appealed the Planning Commission October 8, 2012 denial of the variance request to the City Council; and WHEREAS, City Council initially had a public hearing set for October 30, 2012; however, at the request of the application they tabled action until their November 13, 2012 meeting; and WHEREAS, the City Council held a public hearing, took public testimony, and reviewed the appeal to the Planning Commission's denial of the variance request at November 13, 2012 meeting. Page 2 of 2 NOW, THEREFORE, BE IT RESOLVED, that the City Council of the City of Stillwater hereby approves of the variance request at 745 Liberty Court with the following conditions: 1. All revisions to the approved plan shall be reviewed and approved by the Planning Commission. 2. Tree removal and grading shall be limited to the shown on the plans date stamped September 14, 2012 and on file in the Community Development Department. 3. Impacted oak trees shall only be removed between November 1 and March 1. 4. Place orange snow fencing on 5 -6 ft. steel fence posts (6 ft. on center) between construction area(s) and trees to be saved. Place it out from trunks 1 foot for every 2 in. of trunk diameter, as a minimum, farther is better. This is mainly to protect the root system but it also protects the trunk. Tree protection fencing shall be in place before any equipment appears on the site. 5. Prune overhanging limbs which are in the way of construction, before construction, so they are not broken off. Pruning should occur only between November 1 and March 1. If outside that time frame, paint wounds immediately with latex paint or tree paint to avoid insect transmission of the oak wilt fungus to fresh wounds. 6. If roots are uncovered and /or torn during excavation, cut root ends cleanly and recover with soil. 7. Water trees which are to be preserved near or in the construction area(s) before, during and after construction, if during the growing season. Mulching root systems of trees within or near a construction zone with 4 in. wood chip mulch is beneficial to help minimize compaction of soil around roots and also to keep tree roots cool and moist. 8. Do not pile construction materials, park vehicles, drive vehicles, wash out construction equipment or dump any refuse or chemicals in the root zone(s) of trees to be saved. The root zone of trees extends beyond the branch spread of the tree, unless the rooting area is constricted by pavement or other factors. 9. The eastern retaining all shall remain it is current location. Reasonable efforts shall be taken to protect and preserve the three maple trees while understanding that they may still be lost due to construction activities related to the new pool. 10. Within six months of the completion of the pool, the property owners shall remove all buck thorn in their back yard and plant a minimum of 2 dozen oak seedlings (some of which will naturally not survive) to help regenerate the oak area. The type and species of the oak seedlings shall be approved by the City Foresters and City Planner prior to planting. Page 3 of 3 Adopted by the City Council of the City of Stillwater, Minnesota this 13`h day November, 2012. CITY OF EST: Diane F. Ward, City Clerk