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HomeMy WebLinkAbout2012-201RESOLUTION NO. 2012 -201 RESOLUTION ADOPTING FINDINGS OF FACT, CONCLUSIONS AND ORDER RELATED TO THE DENIAL OF A DEMOLITION PERMIT CASE NO. DEM12012 -30 WHEREAS, the City Staff has drafted Findings of Fact, Conclusions of Law and Order in support of the decision to deny a demolition permit for property located at 604 Fourth Street South; and WHEREAS, the City Council held a hearing on the 2nd day of October 2012 to give full consideration to all the evidence presented and due consideration. NOW, THEREFORE, BE IT RESOLVED, by the City Council the following: That the Findings of Fact, Conclusions of Law and Order attached hereto as Exhibit "A" regarding supporting the decision to deny, a demolition permit for property located at 604 Fourth Street South, are hereby accepted and adopted. Adopted by the City Council on the 4th day of December, 2012. Ken ATTEST: Z".' -J-...10 Diane Ward, City Clerk STATE OF MINNESOTA COUNTY OF WASHINGTON CITY OF STILLWATER BEFORE THE CITY COUNCIL In Re: A request from St Paul Lutheran Church, Kevin Urhammer, for the demolition of a single family home located at 604 Fourth Street South — HPC Case 2012 -30 FINDINGS OF FACT CONCLUSIONS AND ORDER The City Council convened a Hearing in the Council Chambers of City Hall at 7:00 p.m. on October 2, 2012 to consider a request from St Paul Lutheran Church, Kevin Urhammer, for the demolition of a single family home located at 604 Fourth Street South. At the Hearing held by the City Council, the City Council considered: a) a report to the City Council prepared by Michel Pogge, City Planner; b) all public testimony; c) written material previously submitted by the applicant St Paul Lutheran Church and their representatives; and d) the Planning file (HPC 2012 -30) prepared by City Staff for the Application. NOW, THEREFORE, based upon the documents that have been made a part of this file, upon the testimony of all those who offered it, and upon all the files, records and proceedings herein, the City Council makes the following: FINDINGS OF FACT That the property at 604 Fourth Street South, legally described on Exhibit "A" with a County Parcel Number of 28.030.20.43.0069, is owned by St Paul Lutheran Church. 2. A report completed on the South Hill by Historians Thomas Zahn and Norene Roberts in 1996 lists the home as being built in 1890. Page 1 of 4 3. Chapter 34 of the Stillwater City Code outlines steps that must be followed before a structure built prior to January 1, 1946 can be demolished. 4. Said Chapter 34 of the Stillwater City Code are laws of general application and apply to all owners of property in the City of Stillwater. Additionally, said laws do not impinge upon the free exercise of religion and the church functions are not inhibited by the denial of a demolition permit since they can carry on their mission of the remainder of their property uninhibited. 5. City Staff reviewed the building on June 20, 2012 with the applicant. Based on the review of the property and associated records, staff made a determination that the property could potentially be locally designated since the property "embodies the distinctive characteristics of an architectural style." Thus, as required by the demolition ordinance, the application was forwarded to the HPC for review and consideration. 6. The applicant submitted a demolition plan to the City on July 17, 2012. Said demolition plan was found to be complete by City Staff. 7. The Heritage Preservation Commission held an initial public hearing on the demolition request on August 6, 2012. The Commission heard from 6 individuals against the request at that meeting. After the Commission discussed the request, the public hearing was continued to September 6, 2012 in order that the applicant could complete and submit a master plan for their property. 8. At the September 6, 2012 Heritage Preservation Commission meeting, the commission heard from 5 individuals against the request (2 who did not speak at the August 6th meeting). After additional discussion on the request, reviewing all of the material submitted by the Applicant along with the new master plan, the Commission unanimously Page 2 of 4 denied the demolition application on the basis that the home is a historic resource on the basis that "the property is associated with significant events or with periods that exemplify broad patterns of cultural, political, economic or social history" and "the property contains or is associated with distinctive elements of city or neighborhood identity" and that the there is an alternative to demolition. 9. In a letter dated September 11, 2012 and in accordance with State Statue 15.99, the City extended the 60 -day review period for an additional 60 days. The review deadline is November 14, 2012. 10. On October 2, 2012, the Stillwater City Council held a public hearing and reviewed the demolition request. Public testimony was received by the Council at the meeting on October 2, 2012. 11. Based on the staff report prepared dated September 25, 2012 by City Planner Michel Pogge, the Council found that the property is historic resource on the basis that "the property is associated with significant events or with periods that exemplify broad patterns of cultural, political, economic or social history" and "the property contains or is associated with distinctive elements of city or neighborhood identity" and that there is a feasible alternative to demolition. 12. Additionally, at the October 2, 2012 meeting, the Council directed City Staff to prepare a designation study for the property as provided in Section 22 -7 Subdivision 4 of the City Code. CONCLUSION OF LAW 13. That this matter was properly before the City Council pursuant to the procedure set forth in the City Code. Page 3 of 4 14. The property is historic resource on the basis that "the property is associated with significant events or with periods that exemplify broad patterns of cultural, political, economic or social history" and "the property contains or is associated with distinctive elements of city or neighborhood identity" and that there is a feasible alternative to demolition. ORDER IT IS HEREBY ORDERED 15. The demolition permit is denied. Adopted by a 3 _ 2 * vote of the City Council this 4th day of Dece er 2012. CITY OF STILLWA� Ken ATTEST: Diane F. Ward, Clerk *Ayes: Councilmembers Cook,Roush and Mayor Harycki Nays: Councilmembers Menikheim and Polehna Exhibits: A. Legal Description B. City of Stillwater Planning File DEM 2012 -30 Page 4 of 4