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HomeMy WebLinkAbout2013-06-10 CPC PacketNOTICE OF STILLWATER PLANNING COMMISSION NOTICE OF CHANGE OF MEETING TIME NOTICE IS HEREBY GIVEN that the Stillwater Planning Commission will have a training session on Monday, June 10, 2013, from 5:00 p.m. to 8:00 p.m. with the regular meeting to begin at 8:00 p.m. instead of 7:00 p.m., in the Council Chambers at Stillwater City Hall, 216 North 4th Street. Do not hesitate to contact the Community Development Department at (651) 430-8820 if you have any questions or need further information. Bill Turnbald Community Development Director Publish: Friday, June 7, 2013 AFFIDAVIT OF PUBLICATION STATE OF MINNESOTA COUNTY OF WASHINGTON City of Stillwater (Official Publication) NOTICE OF STILLWATER PLANNING COMMISSION NOTICE OF CHANGE OF MEETING TIME NOTICE IS HEREBY GIVEN that the Stillwater Planning Commission will have a training session on Monday, Jurfe 10, 2013, from 5:00 p.m. to 8:00 p.m. with the regular meeting to begin at 8:00 p.m. instead of 7:00 p.m., in the Council Chambers at Stillwater City Hall, 216 North 4th Street. Do not hesitate to contact the Community Development Department at (651) 430- 8820 if you have any questions or need further information. Bill Turnbald Community Development Director (Jun. 7, 2013) Change of Meeting Time Julie Athey, being duly sworn on oath, says: that she is, and during all times herein states has been, Clerk of ECM Publishers, Inc. - Sun Media Group of the newspaper known as the Stillwater Gazette, a newspaper of general circulation within the City of Stillwater and the County of Washington. That the notice hereto attached was cut from the columns of said newspaper and was printed and published therein on the following date(s): 7th of June 2013 Newspaper Ref./Ad #1167667 Subscribed and sworn to before me this 10th day of June 2013 rk B NOTARY P Y : LIC Washington County, Minnesota My commission expires January 31, 2016 MARK E. BERRIMAN NOTARY PUBLIC 1 MINNESOTA ,t p ,to My Commission Expires Jan. 31, 2016 iliwater THE BIRTHPLACE O F M I N N E S O TA CITY OF STILLWATER PLANNING COMMISSION NOTICE OF WORK SESSION Monday, June 10, 2013 5:00 P.M. to 8 P.M. NOTICE OF REGULAR MEETING PLANNING COMMISSION MEETING 8:00 P.M. Agenda 5 p.m. to 8 p.m. Phil Carlson - Government Training Session City of Stillwater Planning Commission will meet on Monday, June 10, 2013 at 8 p.m. in the Council Chambers at Stillwater City Hall, 216 North Fourth Street. City of Stillwater Planning Commission regular meetings are held at 7 p.m. on the second Monday of each month. All City Planning Commission meetings are open to the public. AGENDA 1. CALL TO ORDER 2. APPROVAL OF May 13, 2013 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. 2013-18. A special use permit for an accessory dwelling unit and a variance to the bluff line setback for the construction of a garage with a second level and sunroom located at 208 Chestnut Street West in the RB, Two Family Residential District. Mark Balay, representing Richard Dirnberger, applicant. 4.02 Case No. 2013-19. A variance to the sign regulations for a sign for PUB 112 located at 112 Main Street North in the CBD, Central Business District. Sam Leon, applicant. 5. NEW BUSINESS 6. OTHER BUSINESS 7. ADJOURNMENT ethic on even In -House Land Use Planning Training Session City of Stillwater June 10, 2013 Agenda 5:00-5:10 Introductions 5:10-5:20 Foundations of Planning & Zoning 5:20-6:10 Variances & Use Permits 6:10-6:30. Case Studies 6:30-6:40 BREAK 6:40-7:00 Rezoning, Subdivision, 60-Day Rule 7:00-7:10 Findings & Conditions 7:10-7:20 Planning Commission Role 7:20-7:30 Effective Meetings 7:30-7:50 Case Studies 7:50-8:00 Q & A Sponsored by GTS Educational Events www.mngts.org Presented by Phil Carlson, AICP, Stantec phil.carlson@stantec.com EVALUATION FORM In -House Land Use Planning Training Session ♦ June 10, 2013 — Stillwater On a scale of 1-5 (5=Excellent, 1=Poor) how would you rate the following (circle one): 1. Workshop format 5 4 3 2 1 2. Workshop content 5 4 3 2 1 3. Knowledge of presenter Phil Carlson 5 4 3 2 1 4. Effectiveness of presenters Phil Carlson 5 4 3 2 1 5. Visual aids & handouts 5 4 3 2. 1 6. Overall Program 5 4 3 2 1 7. The program was: ❑ Too Long ❑ Too Short ❑ Just Right 8. The percentage of information new to you was: ❑ 25% ❑ 50% ❑ 75% ❑ 100% What is your major takeaway? Other comments about today's workshop (good points, suggestions for improvement): LOOKING AHEAD: What do you plan to apply or change back in your community? What is your biggest current challenge as a planning official? What do you need now (topics for future workshops, etc.)? I am attending today as (check all that apply): ❑ Planning Commission Member ❑ Staff ❑ Board of Adjustment/Appeals Member ❑ Other: ❑ Elected Official Name (optional) Jurisdiction/Organization (optional) Planning & Zoning Issues VW - Stillwater Planning Commission June 10, 2013 G educational events Agenda • 5:00-5:10 Introductions • 5:10-5:20 Foundations of Planning & Zoning • 5:20-6:10 Variances & Use Permits • 6:10-6:30 Case Studies 6:30-6:40 BREAK • 6:40-7:00 Rezoning, Subdivision, 60-Day Rule • 7:00-7:10 Findings & Conditions • 7:10-7:20 Planning Commission role • 7:20-7:30 Effective Meetings • 7:30-7:50 Case Studies • 7:50-8:00 Q & A Urban Squalor • Middle Ages - cities had large, poor, dirty slums • People lived with garbage, sewage, animals, animal waste, rats, fleas • Realization: the way buildings and cities were arranged affected life and health • "Public health, safety and welfare" Presenter Phil Carlson, AICP Senior Planner With credit and thanks to: Desyl Peterson Former Minnetonka City Attorney n Stantec GTS et.eational events Foundations of Planning & Zoning • Mid-1300s - Bubonic Plague • Rats blamed for spread of disease • Millions died, 1/4 of Europe's population • Literally a life & death issue • Beginning of modern science and medicine - understanding how disease was spread Air and Light, Fire Risk • Early public health laws in England many years after Plague • Required separation - air and light to all dwelling units • Thatched roofs prohibited - fire risk • "Public health, safety and welfare" 1 Industrial Revolution • Smokestack industries burned coal • People lived on or near industrial facilities • Health problems, deaths associated with smoke, soot • Required separation of living quarters and industrial areas • First land use "zones" or "districts" Our Forefathers • Constitution framers - landed gentry, not peasants • Property rights very important • "Life, liberty and pursuit of happiness" in Declaration of Independence • "Life, liberty and property" in Constitution (Bill of Rights) Due Process (56 Amendment) "No person shall be .. . deprived of life, liberty, or property without due process of law, ..." Revolutionary War • King George III and Parliament ruled colonies without fair representation • Colonies wanted rule of law, democratic government • 0ur forefathers fought and died to overthrow authoritarian government United States Constitution • Established Federal Government as one of limited and expressly enumerated powers. • Grants general police powerto the States, not the Federal Government. • States delegate the police power to local government units through the State enabling legislation. Due Process — Two Prongs Procedural Due Process Process, procedure must be fair No person may be deprived of use of property without a fair hearing, opportunity to be heard, defend against the proposed action Public hearing, notice given Chance to speak to decision makers about the action Substantive Due Process Substance, content must be reasonable No person may be deprived of use of property under circumstances that are unreasonable, arbitrary, or capricious Facts, findings, conclusions must be reasonable 2 Due Process Generally • Relationship to the stated objectives to be achieved • Rational basis in a comprehensive plan • "Rational nexus" • Reasonableness of standards • Rough proportionality Equal Protection • No law may unduly favor one group over another nor impose a hostile discrimination on any particular group • "reasonableness of the classification" - reasons for treating one use or group differently from another can be acceptable A "Taking" • Constitutional prohibition on taking private property for public use without compensation —Physical invasion, always a taking —Regulatory taking, depends... Equal Protection (14th Amendment) ..nor shall any State ... deny to any person within its jurisdiction the equal protection of the laws." Takings (5th Amendment) "...nor shall private property be taken for public use, without just compensation." Regulatory taking • Denial of all economically beneficial use — Consider entire bundle of rights — Short moratorium not a taking • Even if some remaining use, consider — Economic impact — Investment -backed expectations — Character of the regulation • Owner is not guaranteed "highest and best use" Fit 3 Regulatory Taking • Some reasonable restrictions are OK; • Even significant restrictions; • But if all economically viable use of the land is gone .. . • It becomes a taking • Either change the regulation or purchase the land Historical Overview • First land use regulations, public health laws in England- light, circulation, etc. • Pre -zoning, before 1916, nuisance laws — the use of police power to protect the public health, safety and welfare. • Early zoning rules- assumption of validity of local zoning decisions • Modern judicial review- search for a rational basis, relationship to comprehensive plan. Enabling Statutes • Municipalities — Minn Stat. 462.351 et. seq. (applies to all cities and towns) • Counties — Minn Stat. 394.21 et. seq. (applies to counties having less than 300,000 population) • Metropolitan Area Local Units — Minn Stat. 473.851 to 473.871 and 473.175 (all cities, counties, and towns in the seven -county metro) Regulatory taking (cont.) • Exactions are conditions imposed on development to mitigate impacts — easements, rights -of - way, etc. • For exactions, there must be a connection between condition and burden caused by development — Must be roughly proportionate — Individualized determination of proportionality Important Milestones • 1916, New York City first city to adopt a Comprehensive Zoning Ordinance • 1922, first version of the Standard State Zoning Enabling Act (SZEA) released • 1923, 208 U.S. communities had adopted zoning ordinances • 1926, Zoning upheld at the U.S. Supreme Court (Village of Euclid v. Ambler Realty) Common Good Police Power Individual Rights Constitution 4 Role of the Zoning Ordinance • Its purpose is to implement the comprehensive plan Ordinances 1.1 Comprehensive Plans • Metro Area — Mandatory comprehensive plans — Metropolitan Council review — Required update every ten years —Consistency between plan and ordinances Public hearing required (Stillwater) 5ubd. 3. Public hexing. (a) Required. A public hearing is required for the following: (1) Appeals; (2) Conditional or special use permit; (3) Planned unit development permit; (4) Project modification (major); (5) Variances; (6) Zoning chapter text or map amendments; and (7) Other projects as determined by the community development director to have potential overall community concern. Role of the Zoning Ordinance • Source of zoning authority is the state enabling legislation — limited to what is adopted in the ordinance • Standards must be reasonable means to legal ends Zoning Ordinance • The Official Zoning Map • The Zoning Ordinance — Permitted Uses — Principal and Accessory Uses — Conditional/Special Uses (Permits) — Interim Uses (Permits) — Non -Conforming Uses — PUDs — Variances — Interim Ordinance (Moratorium) — Rezoning, Amendments • Official Street Map Public hearing requirements & decision -making authority (Stillwater) Building moving permit PC CC Conditional or special use permit' - PC CC Certificate of compliance • • cc Design review penny - HPC CC Grading permit' WIN= PC MINI ME CC Planned unit development PC - -M_ - 1311=_ CDD HPC/CDD Project modification (minor) Project modification (major) Sign design approval Variance PC 13IMI Site alteration permit Vegetation cutting penny - HPC CC CDD Zoning ordinance text/map t CC MIIII Definitions • PERMITED USE: a use that is permitted "as of right" with no special approval required, nor conditions attached. Must meet dimensional standards. Definitions • CONDITIONAL USE or SPECIAL USE: a permitted use to which reasonable conditions may be attached based on factual findings. Conditions directly related to addressing problems (nexus). Conditional/Special Uses (cont.) • Generally cannot add conditions later • CUP/SUP attaches to property and remains effective as long as conditions agreed upon are met • Can provide for termination upon abandonment Definitions • PRINCIPAL USE: The main or primary use of the property. • ACCESSORY USE: a secondary or subordinate use of the property, usually only in conjunction with an allowed principal use. Conditional/Special Uses • CUP/SUP must be approved if standards are met; burden is on applicant • Variances may be granted to standards • State law requires specific standards where practical; vague standards are not upheld • Before denial, government must propose conditions to bring it into compliance with standards • Can only add conditions related to the ordinance standards CUP/SUP (Stillwater) Sec. 31-207. - Special use permit and conditional use permit. A special use permit or conditional use permit shall require the following: (a) Purpose. The purpose of a permit is to allow the integration of essential or desirable uses which may be suitable only in certain zoning districts or designed or arranged on a site in a certain manner. (b) General provisions All conditional and special uses set forth in this chapter are subject to use permit review and are declared to be of such unique and special character that it is impractical to include them as principal permitted uses or as accessory uses in any district. 6 CUP/SUP (Stillwater) (c) Procedure. Issuance procedure is as follows; (1) The planning commission is authorized to issue special use permits and conditional use permits for all uses designated in the district regulations of this chapter as permitted by a special use permit or conditional use permit., However, on the rare occasion when accountability is an issue, the planning commission may refer a conditional use permit or special use permit to the city council. (2) A public hearing shall be held by the planning commission. CUP/SUP - Suggestion Format: • Conditional Uses. a) Use 1 - Condition A - Condition B b) Use 2 Condition A - Condition B Example: Conditional Uses. a) Fast food restaurant with drrve- through lane, with the following conditions: - Stacking for at ,past 6 vehicles will be provided in the drive -through Cane that does not interfere with off - site traffic or internal maneuvering - The sound system for the drive - through menu shall be /ocated at least 300 feet from adjacent residential uses or zoning - A lighted menu hoard shall be completely screened from eye -/eve/ view of adjacent residential uses or zoning Interim Uses (cont.) • An IUP can be granted only after a public hearing and only if: - it conforms with the zoning regulations; - the terminating date or event can be identified with certainty; - the use will not impose additional costs on the public; and - the user agrees to the conditions. CUP/SUP (Stillwater) (d) Findingsrequired. In approving a special use permit or conditional use permit, it must be determined by the planning commission that: (1) The proposed structure or use conforms to the requirements and the intent of this chapter, and of the comprehensive plan, relevant area plans and other lawful regulations; (2) Any additional conditions necessary for the public interest have been imposed; and (3) The use or structure will not constitute a nuisance or be detrimental to the public welfare of the community. Definitions • INTERIM USE: a temporary use of the land to which reasonable conditions may be attached and which will expire on a certain date, after a certain event, or when zoning ordinance no longer allows it. Permitted by State statute, but must have provision in local zoning code. Interim Uses (cont.) • Examples of Interim Uses: -Temporary use until sewer/water available -Seasonal uses like garden hoop structures - Mining activities, orderly annexation areas - Storage uses that are easily removed - Certain home occupations - Accommodations for disabled individuals 7 Two General Standards • A variance cannot be granted if it would violate either general standard: 1) Must be in harmony with the purposes and intent of the zoning ordinance, and 2) Must be consistent with the comprehensive plan • This is a way to deny a variance even if the practical difficulties standard is met Comp Plan Consistency • Does the application conform to the land use designations? • Does it meet the plan goals and policy statements (not taken out of context)? • Are there any special requirements for certain areas of the community? General Considerations (cont.) • Use variances are not allowed • The applicant has a higher burden of proof for a variance than for a CUP • A variance for a substandard lot is not required when in common ownership with the adjoining lot, but there are special rules for shoreland property Purpose and Intent • What is the purpose and intent language of your zoning ordinance? • Is there particular language to support your desired action? • How do the facts relate to the ordinance language? General Considerations • Economic considerations alone are not sufficient to justify a variance • Attached conditions must be directly related to and bear a rough proportionality to the impact created by the variance • Precedent only applies to applications that are similarly situated in facts and in time Fair Housing Act • Must make reasonable accommodations to allow equal opportunity —"For example, it may be a reasonable accommodation to waive a setback requirement so that a paved path of travel can be provided to residents who have mobility impairments" — http://www.justice.gov/crt/housing/final8_1.php 10 Stillwater — variance language Findings required. The planning comm,sslon may grant a variance, but only when all of the following conditions are found: (1) The variance is in harmony with the general purposes and intent of this chapter. (2) The variance is consistent with the comprehensive plan, (3) The applicant for the variance establishes that there are practical difficulties in complying with this Chapter. "Practical difficulties," as used in connection with the granting of a variance, means that all of the following must be found to apply: i. The property owner proposes to use the land in a reasonable manner for a use permitted in the zone where the land is located, but the proposal K not permitted by other official controls; ii. The plight of the landowner is due to circumstances unique to the property and that are not created by the landowner; and iii. The variance, if granted, will not alter the essential character of the neighborhood. Economic considerations alone do not constitute practical difficulties. Case # 1 • Ranch -style house with one car garage. • Seeks to add second stall encroaching into setback by 3' • Placement on other side of house would be next to bedrooms. • Option to extend existing garage to the back, one vehicle in front of another. Case #3 • Gas station seeks variance for 4' setback from right-of-way for canopy. Would be 5' from pavement. • Same setback variance granted 6 months previously to another gas station, 20' from pavement. Case #2 • Ordinance prohibits billboards, which are signs advertizing something that is not on the premises. • Church requests variance to place sign on main street, pointing to church 2 blocks away. Case #4 • Fast food restaurant needs a CUP, which requires spaces for 6 cars to stack in drive -up aisle. • Variance is requested to allow stacking for only 5. • Applicant provides evidence from other stores that 6 spaces are not needed. 11 Case # 5 • Property has one home accessed by 12-foot wide driveway that has wetlands on both sides. • Property has enough land for 18 lots. • Wetlands setback variances needed to construct city street to access property for development. Moratoriums • Preserve status quo while studying ordinance or guide plan change • Up to 1 year • Affect all or portion of city • Potentially can be adopted after application submitted • May not be valid for telecommunications towers Non- conforming use expansion up, but not out Definitions • INTERIM ORDINANCE (or MORATORIUM): a suspension or limitation on certain land uses pending study of the issues surrounding them. Subdivision Ordinance • Dividing land into new lots • Grading • Creating streets • Provision of utilities, easements • Stormwater management 12 Subdivision Regulations • Must approve if application meets standards, unless denied by written findings based on record • Comp. plan is advisory only in greater Minnesota but in metro area subdivisions must be consistent with comp plan • Preliminary vs. final approval (cities/towns) • Exactions/easements can only be required as part of subdivision — questionable whether general impact fees can be charged Rezoning, Amendments • "If it ain't broke, don't fix it, but if it is broke, it can be fixed." • Can't change the zoning rules ad hoc • Must amend the ordinance according to state law and procedure set out in city code for amendments • May enact interim ordinance establishing a development moratorium to allow for study • Ordinance, map amendments may follow moratorium Official Map (Stillwater) Subd. 9. Official map The planning commission, after adoption of a comprehensive plan, a street plan, community facilities plan or capital improvement program, may, and upon instructions by the city council, shall prepare an official map of the city and adjoining territory, indicating upon the map the land that is needed for future streets and public facilities. After the map has been prepared it shall be submitted to the city council. Before adoption by the city council, a public hearing shall be held upon the proposal at least ten days after a notice of time, place and purpose has been published in the official city newspaper. Subdivision Regulations • For exactions, must be a connection between condition and burden caused by development - Must be roughly proportionate — Individualized determination of proportionality Re -zoning • Greater deference given to government • Greater burden on applicant than on government to change zoning • Relationship to comprehensive plan • Not limited to considering the specific proposal Planning & Zoning Discretion Pyramid More discretion, less public involvement Bldg Permr See Plan Review Less discretion, more public involvement 13 60-Day Rule • Must approve or deny in 60 days for zoning, septic systems, MUSA line • Subdivisions — 120-day deadline • Extend another 60 days, total of 120 days — Can't take extension at beginning of process — Must send written notice with reasons — Reasons don't have to be extraordinary Requirements • Time limit counted from date of complete application — 15 days to notify of incomplete application — Must be in writing — Can still deny as incomplete • Significant amendment re- starts clock • Appeal to council must be within time period; does not re -start clock Complete Incomplete Submittal Submittal 1 t 15 days l7s resubmit 60 days + 60 days i 60 days + 60 days Evidence to be considered • Opposition of neighbors alone is not enough • Neighborhood testimony about facts is acceptable — May even be used to counter "expert" • Consistency with ordinance standards, comp plan Other Extensions • Extension is given for EIS or EAW — Clock is started after EAW/EIS decision is made —Time for appeal is not added • Applicant can agree to extend — Law provides that it should be in writing Denials • A denial must include reasons in writing at time of denial — If there's time, can vote to prepare findings at next meeting • Failure to approve qualifies as denial under new law if dissenters state reasons for record — Doesn't have to be in writing Record on Appeal • If a complete record of proceedings is kept, appeal on the record • No opportunity for trial • Expenses reduced • City controls record 14 Creating the Public Record • Every time you review an application, hold a hearing and make a recommendation you are creating a public record of your decision • It is your job to sort through, find and document relevant facts and interpret them according to the applicable standards Prototypical Findings of Fact 3) Size of property, zoning, nature of rezoning 4) Comprehensive Plan Relationships: a) Land Use Plan designation b) Relationship to other Comp Plan elementS c) Consistency with plan goals and policies d) Relationship to other plans or studies Prototypical Findings of Fact • Decision: Summarize request, state whether approval is granted or denied, adoption date Prototypical Findings of Fact • Introduction: Date, purpose of meeting, description of project • Findings of Fact: 1) Who is applicant, what are they proposing, what is site currently used for and who owns it 2) Applicant's control of land Prototypical Findings of Fact 5) Standards/criteria for approval and how application meets standards a) Factual findings b) Expert testimony, reports used to make your decision, traffic studies, etc. 6) Any other information that explains rational basis for decision Planning Commission Overview • Roles, Responsibilities, The Challenges of Community Leadership • Tips and Tools for Running Effective Meetings • Suggestions for Creating and Maintaining an Effective Planning Commission • Review of Legal Considerations 15 Considerations • The Role of Planning Commission Chair is one of the most important and most under appreciated in City Government • The Planning Commission makes decisions that affect millions, sometimes 100s of millions, of dollars worth of real estate and infrastructure investment. • PC decisions also both directly and indirectly affect the quality of life in the community. Roles & Responsibilities • Staff • Planning Commission • Parks Commission • City Council Planning Commission Role • Responsible for preparing and recommending a plan for the community's future • May serve as Board of Adjustment and make decisions regarding variances (subject to appeal to governing body) Considerations • Most people who appear before a Planning Commission don't have a clue who you are, whether you are elected or appointed, whether your decisions are final or advisory, whether you are paid or volunteer, city employees, etc. • Most of the people who serve on planning commissions in communities throughout the State have no training at all. • Staff Role • Administer planning process • Initial contact with applicants and developers • Prepare planning reports • Technical advice to Planning and Parks Commissions, City Council & Public Planning Commission Role • Decide: —Variances —Conditional/Special Use Permits • Review & make recommendations on: —Comprehensive plan amendments —Rezoning —Subdivisions —Planned Unit Developments 16 City Council Role • Sole legal authority in City government • Authority to adopt a comprehensive plan, parks master plan • Controls budget On Leadership • Some think we have a lack of leadership at the local and state levels which combine to increase the uncertainty of community planning and development processes • Local officials have less experience, less training, less focus on the broader common good than before • Shorter tenures, less business background and perspective • Of course, there are exceptions Considerations • Developers have choice in making investment decisions. • Every community has a reputation - development community talks about who is good to work with, trustworthy, predictable, stable, etc. • Every organization has an industry -perceived critical path which may look very different from your presumed critical path. • City Council Role (cont.) • Decide/Approve -Comprehensive plan -Amendments - Rezoning -Plats -Variances (on appeal) -Conditional/Special use permits (on appeal) On Leadership • The tenure of key staff members has been dramatically shortened in recent years. • The level of trust between local staff leaders and elected leaders is generally less than in the past, increasing uncertainty and confusing the best means of interacting with a community to get development approval. Considerations • Most Planning Commissions spend the vast majority of their time processing zoning applications (implementation) as opposed to planning • Zoning is a tool and its purpose is to implement the comprehensive plan • The Official Zoning Map and the Zoning Ordinance are constantly becoming obsolete 17 Twenty Percent Rule • Negative Approach & Attitude • Look to past • Find fault or blame • Believe in helplessness • Never satisfied Generally Lean Toward Negative 30r%1 I • Positive Approach & Attitude • Look to future • Plan • Our actions make a difference • Generally satisfied Generally Lean Toward Positive 60% Community Vision A cohesive statement describing positive future characteristics and outcomes that a community aspires to achieving through a focused set of coordinated action steps. With Clear Vision • North star to guide the alignment of all official controls and action steps • Developers understand expectations, can prepare a real budget, invest with more confidence as they demonstrate consistency Citizen Opposition • Community residents increasingly think of themselves as customers as opposed to citizens • NIMBYs are networked and armed with numerous examples of successful ways to obstruct development. • The Minnesota Environmental Review Program (EIS, EAW, AUAR) is routinely misused to obstruct the approval process. Clear Vision vs. No Vision The differences between working in a community with strong buy -in to a clear shared vision and one that does not is like night and day. Without Clear Vision • Every action step will be second guessed. • Developer's cost estimates based on much broader assumptions. Far greater risk! 18 Effective Meetings • All of the discussion and consensus building related to your decisions has to happen in public meetings • You need to educate and guide the public and applicants to present relevant and timely information • None of you are mind readers — you have to communicate with each other and build a public record Ten Common Group Problems 1) Floundering 2) Overbearing participants 3) Dominating participants 4) Reluctant participants 5) Unquestioned acceptance of opinions as facts Ten Ingredients for a Successful Team 1) Clarity in Team Goals 2) An Improvement Plan 3) Clearly Defined Roles 4) Clear Communication 5) Beneficial Team Behaviors 6) Well-defined Decision Procedures 7) Balanced Participation 8) Established Ground Rules 9) Awareness of the Group Process 10) Use of the Scientific Approach Effective Discussion Skills • Ask for clarification • Act as gatekeepers • Listen • Summarize • Contain digression • Manage time • End the discussion • Test for consensus • Constantly evaluate the meeting process Ten Common Group Problems 6) Rush to accomplishment 7) Attribution (whose idea was it?) 8) Discounts and "plops" 9) Wanderlust: digression and tangents 10)Feuding members Recommendations for Creating a Strong and Successful Planning Commission • The Commission functions in two capacities: — By recommending policy, in a LEGISLATIVE process of preparing the Comprehensive Plan and adopting zoning — In a QUASI-JUDICIAL capacity when it reviews applications • Once policy is set, it is the Commission's responsibility to apply it. Personal opinions are irrelevant. 19 Recommendations for Creating a Strong and Successful Planning Commission • Develop and maintain a working relationship with the City Attorney. Understand when you need his/her advice and assistance and establish lines of communication and procedures to ensure timely involvement. Recommendations for Creating a Strong and Successful Planning Commission • Don't be passive recipients of information in planning reports • Talk about what information you need and how it should be organized • Don't make decisions without adequate information • Hold applicants accountable for providing accurate information in an understandable format; don't accept the applications without it • Be consistent in enforcing these requirements and don't play favorites. Examples Of Opening Statements By The Chair ... • After reviewing all of the evidence, we formulate a recommendation to the City Council, along with a summary of our findings. Our decisions are advisory, all final decisions are made by the elected City Council (there are some limited exceptions to this rule). • It is also important to emphasize that we are responsible for reviewing applications based upon the law that exists in our codes. We do not have the discretion to change those rules as part of this review process. Recommendations for Creating a Strong and Successful Planning Commission • Prepare and maintain an accurate and up to date Procedures Manual that — Explains clearly how your system works — What the applicant's responsibilities are — Exactly what information is needed to process an application — The schedule • At the very least, have an application checklist, the minimum requirement to protect the City's position in disputes regarding the 60-day rule. Examples Of Opening Statements By The Chair • Before I open the public hearing, I want to explain some important information to all of those who intend to participate in this process. We are the Planning Commission of the City of Fairdale. We have been appointed to serve on this commission by the City Council. • The Planning Commission is responsible for preparing and recommending a Comprehensive Plan for the community. We also review planning applications to determine if they meet the standards contained in the zoning ordinance and subdivision regulations. Examples Of Opening Statements By The Chair ... • With certain types of applications it is also our responsibility to conduct a public hearing. The purpose of the public hearing is to ensure that everyone with an interest in the matter has an opportunity to present testimony and evidence in support of his/her position. • [If you anticipate controversyJWe understand that there are strong feelings on both sides of the application that we are about to hear. 20 Examples Of Opening Statements By The Chair ... • Our responsibility is to review this application based upon the standards contained in our ordinance. • The testimony and evidence that is relevant to our deliberations is information that relates to those standards. This commission is committed to conducting a fair and open process and to providing everyone an opportunity to be heard, .. . • But we also insist that everyone participate in an atmosphere of civility and mutual respect. Examples Of Opening Statements By The Chair ... • Out of respect for the process and for each other, one person will have the floor at a time. We ask that you listen respectfully and hold your comments until it is your turn. We will not tolerate applause or cheering and ask you to understand that such behavior only delays the process and complicates our efforts to assemble and analyze relevant information. Examples Of Opening Statements By The Chair ... • Ladies and gentlemen. I am declaring a 10-minute recess and I ask that everyone return at the end of that time prepared to follow the code of conduct that I described at the beginning of the meeting. Then... Examples Of Opening Statements By The Chair ... • If there are several among you with a common point of view, it is very helpful if you can appoint a spokesperson. Also, contrary to popular belief, it really doesn't matter how many people share a certain opinion. If a single individual presents evidence that supports denial of an application that may be of more relevance to our deliberations than dozens of individuals who have presented information that is not on point. Examples Of Opening Statements By The Chair ... • It is not our policy to place time limits on speakers, but if your testimony is repetitive I will ask you to either move on to new information or yield the floor. We are interested in the substance of testimony and not the volume. Likewise, I will not call on a speaker for a second time until everyone has been given a chance to speak for the first time. • Please refrain from personal attacks or references to matters that are not directly relevant to this application. Examples Of Opening Statements By The Chair ... • I am going to reopen the public hearing and resume hearing testimony. We will continue moving through the names that are on our sign up list. If we cannot accomplish that process in a civil and respectful manner, I am going to ask for a motion to continue this hearing until our next meeting and instruct all of you that we will only be receiving and reviewing written testimony. • If a minority of individuals are causing the disruption, call the police and have them removed from the hearing room. 21 Begin as you want to continue • Explain Planning Commission role • Describe process • Explain how comments and testimony will be taken • Set high expectations for behavior • Be firm, clear, fair, and civil Case #7 Required front yard setback Neighborhood with non- conforming setbacks Case #9 Conforming house — disability ramp in setback Case #8 Small buildable area in neighborhood of large buildable areas Neighborhood Average Undeveloped Lot 4,000 sq 11. buildable area = 2,500 sq.M. home and 3 car garage 1,200 sq ftbuildable area = 1,000 sq ft home end 1 car garage Case Study #10 Restaurant Sign Height Variance • A restaurant built a new building 10 years ago on a parcel on a frontage road to a major highway • Between the frontage road and the highway is State- owned ROW that was set aside for a future interchange • Now the State says the interchange will not be needed and has turned the land back to private hands • The city zoned that land for commercial uses; and new buildings will be built, blocking view to the restaurant sign • The restaurant is applying for a variance to the sign height limit in the zoning code so that its sign will be visible above the new buildings 22 Case Study #10 Restaurant Sign Height Variance (Site Plan) Highway Frontage Road Restaurant Sign Previous Interchange Land New Buildings Case Study #11 Church Variance and Conditional Use Permit • An older church is located in a residential neighborhood. • Building addition applied for to add sanctuary space and classrooms, larger parking lot. Churches are by CUP. • Addition would be in line with existing front of church, 5' from the lot line; current standard is 20' setback; variance needed. • Ordinance: a variance "may not further a non-conformance." • Church argues the addition must be located where it is in order to fit internal corridors and uses in the existing building. • Neighbors argue there is plenty of land behind the building and the area has built up with 20' front setbacks, and the building would add more building frontage at the substandard setback, altering the essential character of the neighborhood. Case Study #12 Assembly Use Conditional Use Permit • A local community group wants to build a building on a small vacant lot in a commercial area, for a community center for their group — to host weddings, classes, meetings, etc. • The lot is narrow and deep, fronting a busy street, next to an existing strip shopping center that has a VFW in it. • Both uses are "assembly uses" by code, allowed by CUP. • Objections raised: odd size/shape of the lot; traffic on the abutting street; city engineer says traffic not a problem. • Some say there is already an existing assembly use in the area and another would be too many. • The Planning Commission votes to deny it because of these two issues — traffic and existing assembly use. Case Study #10 Restaurant Sign Height Variance (Site Section) Restaurant Sign (Existing & Proposed) Sight Lines Previous Interchange Land New Buildings Highway Case Study #11 Church Variance and Conditional Use Perm:t Parking Setback Church Addition & Parking Case Study #12 Assembly Use Conditional Use Permit Existing shopping center Proposed new assembly use Existing VFW - 23 Questions & Discussion Stillwater Planning Commission June 10, 2013 educational events 24 CONDUCTING SJC;CL SS=U DRODUCTIV_ PUBLIC 1 E :TINE One of the most visible and important functions of the Planning Commission is to conduct the public meetings and public hearings that are required for the community planning process. There are several factors that are critical to the success of this aspect of the Commission's duties: • The Commission needs to understand its role and responsibilities and be knowledgeable about its comprehensive plan, zoning ordinance and established procedures. • The only authority that cities have in regulating the use of land is what is adopted in its zoning ordinance, subdivision regulations, and building codes. Different types of applications call for different types of review and decisions. • Applications to amend the comprehensive plan (either text or map) and applications to rezone (either text or map) are a legislative process for the City. In legislative approvals, communities have considerable discretion. In effect, the community is being asked to change its legally adopted policy and/or regulations (laws). There is a long and well established principle in the American courts of deferring to the judgment of local governments in matters requiring legislative approvals. • Requests for subdivision approval, variances, or conditional use permits are termed quasi-judicial reviews. This is because the task is to review the application and determine if it meets the pre-existing standards established in the ordinance, acting like a judge. If the standards are met, the permit must be granted. The failure to understand the difference between legislative and quasi-judicial review is the most frequent mistake made by planning commissions. The failure to successfully explain the difference to the public is also common. The community needs to have clear, established procedures to ensure that the Commission has the necessary information in an understandable form to make the decisions they are charged with making. This involves both the information submitted and presented by the applicants and the reports and presentations made by City staff. COMMUNICATION Communication is important at several levels. First, there needs to be good communication between the City Council and Planning Commission about policy and expectations. Second, there needs to be good communication between the applicants and staff and the Planning Commission so that you have a clear understanding about what is being requested. You have to have a clear understanding of the proposal to successfully judge its consistency with established standards. CONDUCTING SUCCESSFUL AND PRODUCTIVE PUBLIC MEETINGS 1 The final and often most challenging area where communication is key is between the commission and the public. The majority of people who attend public meetings seldom have a clear understanding of rules and procedures that are established. They don't know if the Planning Commission is elected or appointed. They have little or no understanding of the applicant's rights, or the range of discretion that the Commission has in making its decisions. If these facts are not communicated clearly to the public, confusion, dissatisfaction, anger and more can be the outcome. CONDUCTING THE HEARING ITSELF Different communities have established different procedures for conducting hearings. It is important to start with a review of the purpose of the meeting. The first important purpose of the meeting is fact finding. All of the participants, the applicant, the Commission, and the public have both a role to play and a stake in the process of determining that all of the relevant information needed to make a decision are present and accurate. Therefore, the hearing must provide an opportunity for all of the stakeholders to present information and challenge and correct the information presented by others. The second key purpose of the hearing is to provide legal due process. The applicants must be afforded the opportunity to make a full presentation of the facts in support of their proposal. Likewise, the public must be provided the opportunity to ask questions, present other information and challenge the information that has been presented. The applicants must be provided the opportunity to respond to the testimony against their proposal. The Commission must have the opportunity to ask questions of its staff, the applicant, the public and each other. The final purpose of the hearing is to make a decision. Since the law surrounding land use is very clear in requiring factual findings in support of these decisions, the structure of motions for approval or denial are important. With all of these purposes in mind, it is easy to understand why problems often arise in public meetings: While there are no perfect formats for conducting public hearings and meetings, there are some tried and true strategies. The following is a brief set of suggestions to assist in conducting public meetings. THE ROLE OF THE CHAIR The Chair of the Commission is extremely important in communicating with the public and maintaining civility and order. We recommend that, at some appropriate point in the meeting (and sometimes more than once), the Chair should explain who the Commission is and its advisory role to the City Council. The rules must also be explained — both the general rules with respect to the order in which participants will speak, and the rules by which the decision will be made. The latter is key to informing the public about the relevance of information they may wish to present. FACT FINDING FIRST Concentrate first on getting all of the relevant information. Provide an opportunity for everyone to present information and challenge the information presented by others. When all of the pertinent information has been presented and debated and you are confident that you have a clear understanding of the facts, you can solicit public testimony on the merits of the proposal. CONDUCTING SUCCESSFUL AND PRODUCTIVE PUBLIC MEETINGS 2 MANAGING PUBLIC TESTIMONY The practice of establishing the factual record first can avoid some of the fear that often surrounds misinformation. • If there is a large group present and you expect that they share the same sentiment about the application, it can be helpful to ask if the group has a spokesperson. • It is also helpful to remind the public about the nature of the review that is being conducted and the type of information that is relevant to the decision that the Commission needs to make. • If many people appear to want to address the Commission, it is customary to ask people to limit their comments to 5 minutes or less and not to repeat testimony presented by others. It is much easier to manage this portion of the hearing if the ground rules and procedures were clearly explained in the beginning. • The best time to establish order is at the beginning of the hearing. Inform the public that applause, talking out of turn, shouting, or other displays will not be tolerated. CONDUCTING SUCCESSFUL AND PRODUCTIVE PUBLIC MEETINGS 3 PROTOTYPICAL FINDINGS OF FACT (CITY, COUNTY, TOWNSHIP) OF COUNTY, MINNESOTA IN RE: Application of , a Minnesota (General Partnership, Corporation), for a (Comprehensive Plan Amendment, Preliminary Plat, Rezoning, Planned Unit Development, etc.) for a (indicate nature and type of development - for instance a retail Center) on Property located (indicate general Location, south of County Road X, North of County Road X, East of Interstate X, and West X Avenue). FINDINGS OF FACT AND DECISION On (month, date, year), the (name of local government) met at its regularly scheduled meeting to consider the application of (insert name) for a (insert specific nature of the application, e.g., comprehensive plan amendment, preliminary plat, rezoning, etc.) for the development of (an apartment complex, retail center) on the property located (restate general location, not legal description) hereinafter referred to as ("Property" or "Site"). Representatives of (name of applicant) were present and the (City Council, County Board, etc.) heard testimony from all interested parties wishing to speak at the meeting and now makes the following Findings of Fact and Decision: FINDINGS OF FACT 1. Who is the Applicant? What are they proposing to develop? How is the site currently used and who owns it? 2._ Describe the nature of the Applicant's controLof thelandif pertinentre.g., the Applicant will lease the property for 20 years with additional options for 25 years. V:\1938\resource\planning_library\gts_uli_and_other_education\PROTOTYPICAL FINDINGS OF FACT.docx 3. The property consists of x acres and is zoned x. If the applicant involves a rezoning, explain the nature of the zoning that is being applied for (e.g., the proposed development requires a rezoning to B-3 General Retail District). 4. Comprehensive Plan Relationships: a. Describe how the subject property is guided on the Land Use Plan. If an amendment is required, describe. b. Describe relationship with other comprehensive plan elements, transportation, housing, parks and open space, environmental elements, etc. c Cite consistency or inconsistency with plan goals, objectives, and/or policies. d. Relationship with other officially adopted studies or plans, such as a redevelopment plan. 5. Identify standards or criteria for approval of the application. Describe how these standards or criteria have or have not been met by the proposal. a. Factual findings (the proposed development meets or exceeds all of the setback requirements in the B-3 District). b. Information or expert testimony, reports that you relied on in making your decision, traffic studies, noise studies, appraisals, etc. 6. Any other information that you relied upon, or that will serve to explain the rational basis for your decision. V:\I938\resource\planning_library\gts_uli_and_other education\PROTOTYPICAL FINDINGS OF FACT.docx DECISION 's request for approval of a (comprehensive plan amendment, rezoning, preliminary plat, conditional use permit, variance, etc.) is hereby granted (denied) for the development of (general description of project, e.g., retail center) located (general description) in accordance with and subject to the conditions of the plans, maps, designs, and all other documents referenced in and provisions of the proposed development agreement between (local governmental unit name) and (applicant) attached hereto as Exhibit "A". Adopted this day of , 20_. (NAME OF LOCAL GOVERNMENT) BY: Mayor (Board Chairman) ATTEST: Clerk V:\19381resource\planning_library\gts_uli_and_other_education\PROTOTYPICAL FINDINGS OF FACT.docx 11\later: 1MF IIRTMALACE Of MINNESOTA PLANNING COMMISSION MEETING MINUTES May 13, 2013 REGULAR MEETING 7:00 P.M. Chairman Kocon called the meeting to order at 7:04 p.m. Present: Chairman Kocon, Commissioners Collins, Fletcher, Hade, Hansen, Kelly, Lauer, Middleton, Council Representative Weidner Absent: Commissioner Siess Staff: Community Development Director Turnblad APPROVAL OF MINUTES Motion by Commissioner Collins, seconded by Commissioner Fletcher, to approve the April 8, 2013 meeting minutes. All in favor, 8-0. OPEN FORUM There were no public comments. PUBLIC HEARINGS Case No. 2013-09. An amendment to the Freight House special use permit for outdoor music at 305 Water Street South in the CBD, Central Business District. John Daly, representing the Freight House„ applicant. Community Development Director Turnblad explained the request to amend the existing special use permit to allow outdoor music on the deck at the Freight House on Sunday afternoons between Memorial Day and Labor Day from 3:00 pm to 6:00 pm. The music will be amplified by the musicians' own equipment and does not involve the night club sound system. The "Summer Music Series" has been held in previous years. Issues to be considered are: 1) volume as perceived by residents or other businesses; and 2) duration of the sound. Staff recommends approval as conditioned. John Daly, representing the Freight House, said he checked with Stillwater Police and there were no complaints in the last five years for the Sunday music series. Chairman Kocon closed the public hearing at 7:13 p.m. Planning Commission May 13, 2013 Motion by Commissioner Hade, seconded by Commissioner Collins, to approve the amendment to the Freight House special use permit for outdoor music at 305 Water Street South in the CBD, Central Business District as conditioned. All in favor, 8-0. Case No. 2013-10. A special use permit to allow outdoor music for the Water Street Inn at 101 Water Street South in the CBD, Central Business District. Chuck Dougherty, representing St. Croix Preservation, applicant. Community Development Director Turnblad explained the request for a new special use permit to allow outdoor live music on the north patio at the southeast corner of Myrtle and Water Streets. The request is to allow music amplified by the hotel's sound system on Fridays and Saturdays from noon to 11:30 pm and acoustic music from noon to 7:00 pm on Sunday, weather permitting, generally May to September. He said the Commission may want to reduce the hours allowed, as the nuisance ordinance doesn't allow amplified sound downtown after 10 pm. Staff recommends approval as conditioned. Chuck Dougherty, applicant, clarified that the desired hours for music are Sunday noon to 6:00 or 7:00 pm, although bands will likely perform for only four hours, and Friday and Saturday from 7:30 pm to 11:30 pm. He noted he has had Irish acoustic bands performing for two years already, not knowing that he needed this permit. He is not aware of any complaints. He owns the sound system and can control the volume. Speakers will face to the east. He feels it's good for the downtown and keeps people around after the dinner hour. Paul Barber of Stillwater Live Music, who books bands for Mr. Dougherty, said because the speakers are turned toward the river there is no bounce effect and Mr. Dougherty can control where the sound goes. He assured the Commission they are very concerned about the residents and want to incorporate more arts and music downtown. Randy Gutzman, who works with the Independent Business Alliance, spoke in support of the request, adding that the Greater Stillwater Chamber is working with downtown business owners to encourage people to come downtown especially in light of construction this summer Chairman Kocon acknowledged a letter from Kate Krisik, 923 1st Street South, who wrote in support of the special use permit application. Chairman Kocon closed the public hearing at 7:32 p.m. Commissioner Kelly noted that he was happy to hear that the speakers will be positioned away from neighbors, and encouraged neighbors to contact the City if there's a problem. He is in favor of the request, and suggested the hours be noon to 7:00 pm Sunday, and 7:30 pm to 10:00 pm Friday and Saturday. Community Development Director Turnblad clarified that to go past 10:00 pm doesn't require a variance, it requires a special exception from the nuisance ordinance, so the City Council can decide whether or not to extend the hours. Chairman Kocon said he was seated 15 to 18 feet from the music stage last Friday, and he and his wife were still able to converse. He asked what the decibel level is in various places. Page 2 of 9 Planning Commission May 13, 2013 Mr. Barber responded that the way the speaker systems are designed, being outdoors dissipates the music. Sound starts to drop off about 65 feet back. Commissioner Hade commented that 11:30 pm is not considered late on Saturday; he is inclined to approve the special use permit as proposed. Commissioner Hansen said he felt that 10:00 pm provides a reasonable balance with residents needs. Motion by Commissioner Hade, seconded by Commissioner Collins, to approve the special use permit to allow outdoor music with a change to Condition #1 that outdoor music be permitted until 11:30 pm for the Water Street Inn at 101 Water Street South in the CBD, Central Business District. Motion passed 6-2, Commissioners Lauer and Kelly opposed. Commissioner Kelly noted he doesn't feel there's anything unique to the Water Street Inn justifying the extension of hours until 11:30 pm. He would be in favor of revisiting the ordinance to consider whether 10:00 pm is reasonable. Commissioner Hansen said he was in favor of approval but noted he personally thinks 10:00 pm is more reasonable. Case No. 2013-11. A variance request from the minimum required side and rear yard setbacks for construction of a garage at 1001 2nd Street South in the RB, Two Family Residential District. Opal Margaret, applicant. Chairman Kocon opened and closed the public hearing at 7:48 p.m., noting that the applicant is considering revisions to the initial plan and asks that the public hearing be continued to the June 10, 2013 Planning Commission meeting. Case No. 2013-12. An annexation, zoning map amendment and preliminary plat for a 15-lot residential subdivision known as Brown's Creek Preserve, located at 12205 McKusick Road North. Jon Whitcomb., applicant. Community Development Director Turnblad reported that Jon Whitcomb, Midwest Real Estate Management, plans to develop six acres of property located at 12205 McKusick Road. The site is currently located within Stillwater Township. The preliminary plat for the project, to be known as Brown's Creek Preserve, shows 15 single family lots that are requested to be rezoned to CCR, Cove Cottage Residential. He explained the annexation agreement that was negotiated with Stillwater Township. It is in Phase IV of the annexation area, due to be annexed in 2015, however the four criteria required for early annexation have been met. While it makes sense to extend the Cove Cottage Residential zoning, staff feels the Commission should consider the TR, Traditional Residential zone because the lots are larger, allowing a different kind of home style with a larger garage and more liberal zoning; also TR allows an accessory dwelling unit by permit. Lennar will extend infrastructure to the site. A permit from Brown's Creek Watershed District will be required; a proposed stormwater pond may need to be reconfigured to stay out of the buffer area. Staff recommends approval with 13 conditions. He also noted there are discussions currently between the City and the Township about extending the life of the orderly annexation agreement but this has no impact on this proposal. Page 3 of 9 Planning Commission May 13, 2013 Commissioner Fletcher noted she appreciated seeing the comments from the Brown's Creek Watershed District, indicating the plat design is not fully fleshed out and the Watershed District will be significantly revising the plan. Community Development Director Turnblad responded he has talked with Karen Kill of the Watershed District. He used a map to indicate the wetland and possible reconfiguration of the stormwater treatment pond, but added that will not likely change the number of buildable lots. If there are major changes needed due to stormwater treatment, the City may have to revisit the preliminary plat, but that would be done closer to final plat review. Jon Whitcomb, applicant, indicated all parties involved feel the site has sufficient space to handle runoff. He recognizes the proposal requires a watershed permit. He commented that the fees seem substantial. Regarding zoning, he would support modifying the zoning to Traditional Residential which would increase flexibility in building styles. Chairman Kocon closed the public hearing at 8:10 p.m. Motion by Commissioner Kelly, seconded by Commissioner Hade, to approve the annexation, zoning map amendment to TR, Traditional Residential zoning, and preliminary plat for a 15-lot residential subdivision known as Brown's Creek Preserve, located at 12205 McKusick Road North, with 13 conditions. Motion passed 7-1, Commissioner Fletcher opposed. Commissioner Fletcher voiced concerns about potential changes in tree preservation requirements and watershed district requirements. Case No. 2013-13. A request for a special use permit to convert church property at 850 Churchill Street West for use by Lakeview Hospital as business office in the RB, Two Family Residential District. Corey Fedie, representing Lakeview Memorial Hospital, applicant. Community Development Director Turnblad explained that the applicant is requesting to amend the special use permit for Lakeview Hospital to use the existing church building for business office purposes. The building will not be used for any patient care functions. There are more parking spaces than required. Staff would like to see the two parcels combined for tax purposes. Staff recommends approval as conditioned. Corey Fedie, Director of Facilities for Lakeview Health, stated that Lakeview has purchased the site. He confirmed that the building will not be used for any patient functions; the goal is to free up space in the main campus for direct care. About 15 staff members will be using the space. He has no problem with combining the two lots into one parcel. He added that the hospital does not anticipate making any changes to the lot but will maintain the grounds as they are with appropriate landscaping. Buff Grace, a resident in the area, asked if the hospital would be required to come back to the Commission if it decided to use the building for patient care. Community Development Director Turnblad responded that a change of use would require an amendment to the special use permit and review by the Commission. Page 4 of 9 Planning Commission May 13, 2013 Mr. Grace noted that Washington Square Park is residentially -oriented and asked that be considered in future plans of the hospital. Tony Beyer, 904 Churchill Street West, asked if exterior building changes were requested, how would they be permitted? Community Development Director Turnblad replied that landscaping is left up to the property owner unless specifically addressed in the special use permit. Building alterations that don't change the useable square footage require only a building permit; adding space would be considered an intensification of use and would require review by the Commission with notices sent to surrounding homeowners. Mr. Beyer expressed concern that the lot may be used for general overflow parking for the hospital; also about operating hours and signage. Mr. Fedie replied that is not the intention, and the hours will be general office hours. He is not sure what signage will be at this point. Community Development Director Turnblad stated that hours normally aren't specified in a special use permit. The Heritage Preservation Commission does design review for signs in certain parts of the City but they are not mandated to review signs in this area. HPC approval could be added as a condition. Mr. Beyer said he would like to add this condition, and asked if there will be an outdoor smoking area and how this would be regulated. Community Development Director Turnblad said he is not sure of state law about smoking in private facilities. Amy Grace, 722 Everett Street South, asked if the hospital wants to demolish the building and construct a new larger building, would that be permitted? Community Development Director Turnblad answered that constructing a larger building would trigger a review; building a new building with the same square footage in the same spot might not require a review. Commissioner Kelly commented that a church is not as commercial as some of the other uses in the area. He doesn't want to be overly restrictive, but recognizes residents' concerns about signage and parking and feels the Commission should consider some additional screening. Chairman Kocon indicated he supports the special use permit. Commissioner Hade agreed, adding that the facility is an asset to the community. Motion by Commissioner Hade, seconded by Commissioner Hansen, to approve the special use permit to convert church property at 850 Churchill Street West for use by Lakeview Hospital as business office in the RB, Two Family Residential District, as conditioned, with Condition 2 modified to read that the Page 5 of 9 Planning Commission May 13, 2013 two existing lots shall be combined into one lot, and adding Condition 3 requiring that any change in signage be reviewed by the Heritage Preservation Commission. All in favor, 8-0. Case No. 2013-14. An amendment to the Quickfire Pizza special use permit to allow outside seating at 116 Main Street South in the CBD, Central Business District. Ryan Lettner, applicant. Community Development Director Turnblad stated that the applicant is requesting to amend their special use permit to allow a new exterior patio for Quickfire Pizza behind the building at 116 Main Street South. Outdoor eating establishments in the Central Business District require a special use permit approved by the City Council. The Heritage Preservation Commission reviewed and approved a design review permit for the patio at its May 6, 2013 meeting. The proposed patio location is surrounded on three sides by existing buildings. The patio will seat 28 and be accessed from a rear door in the restaurant. The applicant will grade the existing gravel -surfaced area and install a stamped -concrete patio. The applicants also plan to construct two pergolas and add lattice to screen the east wall. A solid cedar gate would enclose the patio from the adjacent private parking lot. Ceiling fans, lighting and sound system speakers are also proposed. The fire pit shown on the plans was not approved by the Fire Marshall and is no longer part of the project. Requested hours of operation are 10:00 am to 10:00 pm, seven days a week, from April 1st to November 31 st. Current hours of operation are from 11:30 am to 9:00 pm, Monday through Thursday, 11:30 am to 10:00 pm Friday and Saturday, and 12:00 pm to 8:00 pm on Sunday. The application triggers the need for five additional parking spaces. The property already carries a variance for parking; the business would be billed for five additional monthly parking permits. The main concern of staff is impacts on those who live in apartments in the immediate area. Staff recommends reducing the allowed hours of operation to 11:30 am and 9:00 pm, and approving the proposal as conditioned. Paul Larson, Quickfire Pizza, emphasized that it is a family restaurant. Neighbors are the best customers so he wants to keep them happy. He identified the adjacent apartments and stated the pergolas are proposed to protect their privacy. He would like to leave the music at 10:00 pm because the restaurant is open later in the evening. The music will be ambient music similar to white noise of an office to mask conversations. Chairman Kocon closed the public hearing at 8:51 p.m. Commissioner Kelly asked if the Commission approves the 10:00 pm ending time, will it apply to future businesses? Community Development Director Turnblad replied that the SUP stays with the property even if tenants change. Chairman Kocon noted the sound will be somewhat limited by the walls of surrounding buildings. Commissioner Hade stated the music concerns him as it is a nearly completely bricked in area; also nearby tenants have received no notice. Commissioner Hansen asked about how noise complaints will be addressed. Community Development Director Turnblad responded that every complaint is investigated; if staff judges there is merit, it only takes one complaint to bring back the proposal for review the next year. Page 6 of 9 Planning Commission May 13, 2013 Chairman Kocon asked about seating capacity. Community Development Director Turnblad replied the building official has reviewed the request and it is nearly maximum occupancy load assuming every chair is filled. Motion by Commissioner Hansen, seconded by Commissioner Collins, to approve the amendment to the Quickfire Pizza special use permit to allow outside seating at 116 Main Street South in the CBD, Central Business District. with eight conditions listed, modifying Condition 7 to allow outside seating from 11:30 am to 10:00 pm. Motion passed, 7-1, Commissioner Hade opposed. Case No. 2013-15. A zoning text amendment to allow by special use permit an accessory outdoor sales area associated with a taproom license., also an amendment to the Lift Bridge Brewery special use permit to allow an accessory outdoor sales area at 1900 Tower Drive in the BP-O, Business Park Office District. Mark Balay, representing Lift Bridge Brewery, applicant. Community Development Director Turnblad explained that Lift Bridge Brewery would like to offer outside patio seating to its taproom customers. The property is zoned BP-O, Business Park — Office and taproom seating is not allowed outside in this zoning district. Allowing a brewing facility in an office district is unusual but Stillwater's office district is already such an eclectic mix of uses that it did not seem to the decision makers at the time to be a departure from the norm since it was a small operation. Subsequent to the City's decision to allow Lift Bridge Brewery to locate on Tower Drive, the State Legislature passed a law to allow craft brewers such as Lift Bridge to sell their own beer at their brewery if they applied for a taproom license. Lift Bridge received such a license and the taproom has become popular enough to desire an outdoor seating area. In order to allow the outside seating area, the owners have requested an amendment to the Zoning Ordinance which would add "outside sales or special events" to the BP-0 Zoning District as a specially permitted use. The Public Works Director is concerned that there is no safety buffer between the 10 foot wide one-way drive and the patio, and suggested bollards along the patio fence line every six feet would provide the necessary customer safety. The Police Chief has noted that when there are larger parties and special events at the brewery, there is insufficient off-street parking. The patio seating area will add more pressure on the parking, since it will be designed to accommodate 30 people. There will be 17 parking spaces on the brewery property after the patio is built. In addition, Lift Bridge has a lease with Heritage Printing to the east to use a row of 14 spaces along their shared property line. This is a total of 31 spaces. For normal daily taproom use, there would be enough off-street parking provided. When events and large parties are scheduled, parking spills onto Tower Drive. If the Planning Commission and City Council find the amendment to specially permit the outdoor seating area for the taproom to be acceptable, then staff recommends approval of the Special Use Permit with the four conditions specified in Alternative A. Chairman Kocon expressed concern about traffic routing. He noted that parking should be well signed for safe vehicular movement. Community Development Director Turnblad replied that signing and striping the parking spaces should provide for safe vehicular movement. Mark Balay, representing the applicant, offered to answer any questions. The applicant is amenable to staff requests including the drive aisle and the bollards. Page 7 of 9 Planning Commission May 13, 2013 Brad Glynn, one of the Lift Bridge owners, thanked the Commission for its consideration and offered to answer any questions. He added they have an agreement to use Herbergers parking across the street for overflow. Chairman Kocon closed the public hearing at 9:25 p.m. Commissioner Hade expressed concern that the use is located in the business park and it is almost turning into a neighborhood tavern. Motion by Commissioner Hansen, seconded by Commissioner Fletcher, to approve the zoning text amendment to allow by special use permit an accessory outdoor sales area associated with a taproom license; also an amendment to the Lift Bridge Brewery special use permit to allow an accessory outdoor sales area at 1900 Tower Drive in the BP-O, Business Park Office District, as conditioned. All in favor, 8-0. Case No. 2013-16. A request for a special use permit to allow the operation of a surrey and bicycle rental kiosk (Papa Wheelies Surrey Rental) at 204 North Main Street in the CBD, Central Business District. Nancy Musser, applicant. Community Development Director Turnblad stated that the applicant is requesting a new special use permit for outside sales for Papa Wheelie's Surrey Rental at 204 Main Street North. Rentals will be from a small kiosk with five available surreys and about six bicycles stored in front of the kiosk during hours of operation. The operator is hoping to expand to 12 bikes and seven surreys. Both the kiosk and surreys will be located entirely on private property. The kiosk will be present seasonally, from April to October. The Heritage Preservation Commission reviewed and approved a design review permit for the kiosk and signage at its May 6, 2013 meeting. Staff is concerned about the construction downtown this summer as the Army Corps finishes the last flood improvement project and the City redoes all downtown parking lots; this will make it more difficult for surrey renters to find the best route around construction sites. The Police Chief has asked that, as construction occurs throughout downtown, staff reserve the right to alter routes or place certain areas off limits for the surreys. Staff recommends approval as conditioned. Nancy Musser, applicant, offered to answer any questions. She stated in the previous three summers she operated St. Croix Pedicab downtown. She will direct customers mainly to the riverfront but prohibit them from the steep ramp area under the bridge, and will strongly recommend staying off of Main Street except to cross the street to the pedestrian plaza. A liability form will protect the City. Commissioner Hansen said he likes the proposal but doesn't like the idea of the surreys on Main Street for safety reasons. Community Development Director Turnblad said the Commission could add a condition prohibiting the surreys from using Main Street. Chairman Kocon noted business will be a struggle over the next two years. He applauds the applicant. Motion by Commissioner Fletcher, seconded by Commissioner Lauer, to approve the special use permit to allow the operation of a surrey and bicycle rental kiosk (Papa Wheelies Surrey Rental) at 204 North Page 8 of 9 Planning Commission May 13, 2013 Main Street in the CBD, Central Business District. as conditioned with the added condition that surreys may not be ridden on Main Street but be allowed to cross Main Street. All in favor, 8-0. Commissioner Hansen asked if the surrey customers may be ticketed for using Main Street, as he would not want to hold the applicant responsible for the actions of customers who disregard her recommendation. Community Development Director Turnblad said he could check on this. NEW BUSINESS Chairman Kocon welcomed Gim Middleton to the Commission. ADJOURNMENT Motion by Commissioner Hansen, seconded by Commissioner Hade to adjourn the meeting at 9:48 p.m. All in favor, 8-0. Respectfully Submitted, Julie Kink Recording Secretary Page 9 of 9 i � (water M E S' A i M a. F c k Q[ Mt H N k 5 p t S PLANNING COMMISSION REPORT REPORT DATE: June 5, 2013 CASE NO.: 2013-19 PC PUBLIC HEARING DATE: June 10, 2013 APPLICANT AND PROPERTY OWNER: Sam Leon, Leon Properties Uno, LLC REQUEST: Variance to Sign Regulations - Municipal Code Section 31-509 LOCATION: 112 Main Street N COMPREHENSIVE PLAN DISTRICT: DMU - Downtown Mixed Use ZONING: CBD - Central Business District REVIEWERS: Bill Turnblad, Community Development Director PREPARED BY: Abbi Jo Wittman, City Planner REQUEST The applicant is requesting a variance to the Municipal Code Section 31-509 Subd. 7(b)(1), Wall Signs: Area. For retail storefront signs, the Commercial Historic District Design Manual provides the size of signs shall be consistent with the Sign Ordinance. The zoning ordinance allows one square foot for each foot of building parallel to the front lot line. The applicant's retail space is 28 feet long facing Main St N. The sign face will measure 1 foot, 11.75 inches high by 24 feet, 0.75 inches long for a total area of 47.6 square feet. BACKGROUND AND HPC ACTION This sign is considered a wall -mounted storefront sign. Storefront signs are those which are located on the horizontal band dividing the storefront windows from the upper facade of the building. The sign and its illuminated frame predate the establishment of the Downtown Historic District. In 2011, the HPC approved a sign for Pub Monique at this location, limiting the area of the sign lettering to 28 square feet but allowing the sign face to fill the entire frame. The current applicant felt that reducing the lettering and logo area from the proposed 40 Physical Street Address Page 2 square feet to 28 square feet would be out of scale with the sign frame and has applied for a variance to the sign area. The Heritage Preservation Committee (HPC) reviewed the proposal at their June 3, 2013 meeting. They unanimously approved the design review permit with a condition that the approval for the proposed wall sign is contingent upon the Planning Commission's sign area variance findings. EVALUATION OF REQUEST The applicant is requesting consideration of a variance to Section 31-509 Subd. 7(b)(1) of the Stillwater City Code to allow for a sign to be greater than one square foot for each foot of building parallel to the front lot line. The Commission may grant a variance, but only when all of the following conditions are found: 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 proposal of signage in the commercial district is reasonable. b. Is the plight of the landowner due to circumstances unique to the property? The externally illuminated frame is unique to the property. c. Are the circumstances created by the landowner? The sign and illuminated frame predate the establishment of the Downtown Historic District and are not a result of the applicant. d. If granted, would the variance alter the essential character of the locality? Many of the historic buildings were built to accommodate a storefront sign band in their original design. While the band is consistent with character of the locality, the sign would be nearly double the permitted size. This may not be consistent with neighboring and adjacent parcels. e. Is the lone consideration an economic one? The proposal does not appear to be driven exclusively by economics. 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? Signs have an impact on the character and quality of the environment. The proper control of signs is of particular importance Physical Street Address Page 3 because of this historical quality and uniqueness. Signs must be kept within reasonable boundaries consistent with the objectives and goals of the community to retain its special character and economic advantages which rest in part on the quality of its appearance. b. If granted, would the proposed variance be out of harmony with the Zoning Code? Permitting a sign that is one and three-quarters greater than the maximum allowable size of 28 square feet may be out of harmony with the Zoning Code. c. If granted, would the proposed variance be out of harmony with the Comprehensive Plan? The Comprehensive Plan indicates the city should "continue to use design review guidelines and process to ensure new development and renovation is consistent with the historic character of downtown." 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. ALTERNATIVES The Planning Commission has the following options: A. Approve the requested variances with the following conditions: 1. The project shall be completed according to the plans on file in the Community Development Department, unless specifically modified by other conditions of approval. 2. All revisions to the approved plan shall be reviewed and approved by the Heritage Preservation Commission. 3. No additional signage without HPC approval. 4. No additional exterior lighting on the sign without HPC approval. B. Deny the requested variances in whole or in part, thus limited the maximum area of the lettering and logo to 28 square feet. With a denial, findings of fact supporting the decision must be provided. C. Table the request for additional information. ATTACHMENTS Applicant's Forms Location Map Sign Plans Photographs 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: Base Fee: Technology Fee: $25. 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. Only one copy of supporting materials are required. However, any documents larger than 11 x 17 must be submitted in paper and in pdf format. 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. ak�+e�.vYlDucd (::T PROPERTY IDENTIFICATION ss of Project lig ivhjn 14- N s�l((�Alti Assessor's Parcel No. gt,,0 3},/®, /�, 1'/®-((G O Codete Property Legal Description* „ t4.r F//; Af"14- puired - Applications will be rejecte. • - scription) Tax description . perty descriptions from the county are not acceptable. M Aly , t --- till -tit,- .rr TI-N Lit_ r^ Zoning District Description of Pro ec r ii aA d ai4idt., 0:5,-)..--r-aitofiqii/e) 4 Plegi& Sa-Pftik4i a spa/ t *2 fr, "1 hereby state the f regomaten is 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 Property Owner _can t L.e p Mailing Address 90 VY g 1rotiL4 -O k) CityState - Zi I p -I4-if f c/v,-1-ti i /v -S.s1o(f- a-- Telephone No. 0:.(t 9.7 ®J.? 7 Email 5 qtAkaac4polco d co/vv_ Signature (Sigis required) If other than property owner Representative Mailing Address City - State - Zip Telephone No. Email Signature (Signature is required) S:\PLANNING\ADMINISTRATION\FORMS\PLANAPP.DOCX January 29, 2013 This drawing is the result of a compilation a0 reproduction of lane reccrds as they ppear In venous Washingbn Garrity Vices. The drawing should he used for relerence r Washington county is not respon Ek for any inaccuracies. vnaSour. Washington County surveyor's Off.. ce (1.1) 030.73 mel data 130. on AS000 Information current through. March 31, 3013 Map printed May 21, 3013 Externally Illuminated with goose neck (amps D/F Blade Sign mounted to hanging bracket Sign Body: Fabricated 2" internal structure with .125" aluminum faces and returns, painted (Sheffield Brasstone 12-756 90353 to match "gold" pms #872) (2) Faces: .125" aluminum faces with attached FCO graphics painted (Sheffield Bronze 12-755 92607 to match "bronze" pms #876) Letters, Logo & Border: 3/4" painted Flat Cut Out Sintra letters, logo and border with applied vinyl opaque overlay (To match drawing) Vinyl: black, white, red, & gold (Sheffield Brasstone 12-756 90353 to match "gold" pms #872) Bracket Support: 2" square tube supports with standard gusset and base plates Attaches to brick wall with standard hardware Sign Code: Maximum Sign Area: 6 sq. ft. Proposed Sign Area: 6 sq. ft. profile 1 0'-0 3/4" 1.7 Bracket Support: 2" square tube supports with standard gusset and base plate. Attaches to brick wall with standard hardware. (1 each side) typical Gooseneck Lamps on each side illuminate sign. 1'-11 1/2" 2'-1 3/4" 1'-0" Sign Area: 6 sq. ft. Address: Stillwater, MN Sales: Kacie Lindus PROJECT INF!_' NATION Sign Type: Externally Illuminated Blade Sign with FCO Letters, Logo and Sign Size: Border Mounting: bracket mount Lighting: external gooseneck (amps Face: Returns: see details Retainers; Trim Cap see details Vinyl. see details File Name: Pub 112 blade sign 6 Data: 3-12-13 Revisions 3-26-13 4-16-13 4-25-13 5-8-13 Scale: 1 1/2" = 1'-0" at 11" x 17" Page: 1 of 1 Designer: Jeff Weispfenning Customer/ LL Approval: (signrt SignArt Company Eau Claire, WI 715-834-5127 800-z35-5178 St. Paul, MN 651-688-0563 800-699-0563 www.signartusa.com (DUSTED This drawing was created to assist you in visualizing our proposal. It is the property of Sign Art Company and may not be used or reproduced by others. 4 f— 2'-4 1/4" —► 24'-0 3/4" 20'-3 1/2" Non -Illuminated Flat Cut Out Letters and Logo mounted to DiBond Backer then onto wall Backer: DiBond Backer painted (Sheffield Bronze 12-755 92607 to match "bronze" pms #876) Letters and Logo: 1/2" flat cut out sintra letters and logos painted (Sheffield Brasstone 12-756 90353 to match "gold" pms #872) with applied vinyl overlay Vinyl: black, white, red, & gold (Sheffield Brasstone 12-756 90353 to match "gold" pms #872) Existing Storefront V2" Fiat Cut Out Slntra Letters as required Threaded Stud Anchors --- -- - - -- Adhered with Silicone SECTION ASSEMBLY DETAIL Typical Flat Cut Out Letters (Flush Mounted) CUSTOMER INFORMATION Customer. Pub 112 Address: Stillwater, MN Sales: Kacie Lindus Sign Type: Nondtluminated Flat Cut Out Letters and Logo Sign Size: Mounting: flush mount Lighting: Face: see details Returns: Retainers/ Trim Cap: Vinyl: see details Notes: DRAWING INFORMATION File Name: Pub 112 wall sign 6 Date: 3-12-13 Revisions: 3-26-13 3-27-13 4-9-13 4-16-13 Scale: 1/2" = 1'-0" at 11" x 17" Page: 1 of 1 Designer: Jeff Weispfenning Customer/ LL Approval: (signnt SignArt Company Eau Claire, WI 715-834-5t27 800-235-5178 St. Paul, MN 651-688-0563 Boo-699-0563 www.signartusa.com0 usTeo This drawing was created to assist you in visualizing our proposal. It is the property of Sign Art Company and may not be used or reproduced by others. liwater ? HE BIRTH f L A C E OF MINNESOIA Planning Commission Report REPORT DATE: June 5, 2013 PC PUBLIC HEARING DATE: June 10, 2013 APPLICANT: Mark Balay, Architect PROPERTY OWNER: Rick Dirnberger REQUEST: CASE NO.: 2013-18 Variances to the 30-foot front yard setback and to allow a structure on a slope greater than 24 percent and within 30 feet of a slope of 25 percent or greater LOCATION: 208 West Chesnut Street COMPREHENSIVE PLAN: Low/Medium Density Residential ZONING: RB, Two -Family Residential REVIEWERS: Bill Turnblad, Community Development Director PREPARED BY: Melissa Douglas, Interim Planner BACKGROUND When the application was originally submitted, staff initially determined that the second story living area over the garage may require a special use permit. Published and mailed notices stated that a special use permit would be required. After further review of accessory dwelling definitions, staff concludes a special use permit is not required because the garage will be attached not detached. The Heritage Preservation Commission did review and approve a design review permit for this request at their June 3, 2013 meeting. REQUEST The applicant has submitted variance requests that, if granted, would allow the construction of a new attached, two-story garage and sunroom. The following variances are requested: 208 West Chestnut Street Page 2 A. A 2.5-foot variance to the 30-foot front yard setback for a two-story, attached garage. B. A variance to allow a structure on a slope greater than 24 percent. C. A 16- to 30-foot variance to allow a two-story attached garage within 30 feet of a slope of 25 percent or greater. D. A 13- to 18-foot variance to allow a sunroom addition within 30 feet of a slope of 25 percent or greater. EVALUATION OF REQUEST Section 31-208 of the zoning ordinances allows the Planning Commission to grant variances when the following findings can be made: 1. The variance is in harmony with the Zoning Ordinance. A. A 2.5-foot variance to the 30-foot front yard setback for a two-story, attached garage. This request is not in harmony with the Zoning Ordinance. The RB, Two - Family district requires a 30-foot front yard setback for an attached or detached garage and that the garage be set back a minimum of 10 feet from the front setback line of the existing dwelling. The purpose of this requirement is to minimize the visual impact of the garage on the streetscape and maintain the historic character of the RB neighborhoods. Locating the garage in the rear yard is also consistent with the Conservation District Design Guidelines. B. A variance to allow a structure on a slope greater than 24 percent. This request is not in harmony with the Zoning Ordinance. The purpose of the slope regulations are to minimize risks associated with development in areas characterized by steep or unstable slopes such as ravines and bluffs. C. A 16- to 30-foot variance to allow a two-story attached garage within 30 feet of a slope of 25 percent or greater. The request to reconstruct the garage in its existing location is not inconsistent with the Zoning Ordinance. Single-family homes and accessory structures are allowed in the RB, Two -Family zoning district. The proposed garage meets the accessory structure requirements of the zoning district. There are conflicting setback requirements for this property. The front -yard setback requirement is intended to locate garages behind the house and in the rear yard. With the bluff in the rear yard of this property, the entire existing garage lies completely within the 30-foot bluff setback. The proposed garage is significantly larger and appears to encroach closer to the top of the bluff than the existing garage. A further purpose of the slope regulations is to avoid the visual impact of height, bulk and mass normally associated with building on any steep slope. The proposed second story for the new garage adds considerable mass compared to the existing garage. D. A 13- to 18-foot variance to allow a sunroom addition within 30 feet of a slope of 25 percent or greater. This request is not in harmony with the Zoning Ordinance. 208 West Chestnut Street Page 3 The purpose of the slope regulations are to minimize risks associated with development in areas characterized by steep or unstable slopes such as ravines and bluffs. 2. The variance is consistent with the Comprehensive Plan. A. A 2.5-foot variance to the 30-foot front yard setback for a two-story, attached garage. The request to encroach into the required setback for the garage is inconsistent with the City's 2030 Comprehensive Plan. Chapter 4 - Housing includes an objective to "[detain the unique and/or historic character of existing residential areas." Chapter 5 - Historic Resources includes an objective to "[e]ncourage compatible remodeling, restoration and/or reuse of historic buildings, including homes." B. A variance to allow a structure on a slope greater than 24 percent. The request to allow a structure on a slope greater than 24 percent is inconsistent with the objective in Chapter 3 - Natural Resources of the 2030 Comprehensive Plan: "Preserve, protect and/or restore natural features including ravine areas, shorelands and bluff lands, tree stands and individual heirloom trees, slopes, wetlands and wildlife habitat areas." C. A 16- to 30-foot variance to allow a two-story attached garage within 30 feet of a slope of 25 percent or greater. Evaluating this request requires balancing competing goals within the 2030 Comprehensive Plan: retaining neighborhood character with compatible remodeling of historic homes (Chapter 4 - Housing and Chapter 5 - Historic Resources) while protecting fragile bluff areas from new impacts (Chapter 3 - Natural Resources). D. A 13- to 18-foot variance to allow a sunroom addition within 30 feet of a slope of 25 percent or greater. The request to allow a sunroom within 30 feet of a slope 25 percent or greater is inconsistent with the objective in Chapter 3 - Natural Resources of the 2030 Comprehensive Plan: "Preserve, protect and/or restore natural features including ravine areas, shorelands and bluff lands, tree stands and individual heirloom trees, slopes, wetlands and wildlife habitat areas." The sunroom would be an entirely new encroachment not replacing an existing accessory use or function and could be located outside the setback area in conformance with the Zoning Ordinance and the Conservation District Design Guidelines. 3. 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. A. A 2.5-foot variance to the 30-foot front yard setback for a two-story, attached garage. The request to reconstruct the existing garage is reasonable but the existing garage does not encroach within the required front setback. The encroachment is not necessary for a functional garage. 208 West Chestnut Street Page 4 B. A variance to allow a structure on a slope greater than 24 percent. The request to reconstruct the existing garage is reasonable but, based on the property survey, the existing garage does not extend into the bluff. The proposed encroachment for the new garage is not necessary for a functional garage. C. A 16- to 30-foot variance to allow a two-story attached garage within 30 feet of a slope of 25 percent or greater. The request to reconstruct the existing garage and attach it to the home is reasonable but, based on the property survey, the proposed garage extends closer to the top of the bluff than the existing garage. The proposed garage also has a larger footprint. To make this finding, staff recommends that, as a condition of approval, the proposed garage extend no closer to the top of the bluff than the existing garage. D. A 13- to 18-foot variance to allow a sunroom addition within 30 feet of a slope of 25 percent or greater. Staff recognizes that the sunroom would be a desirable addition, but the request is not reasonable when balanced with the need to protect and preserve the bluff. The sunroom would be an entirely new encroachment not replacing an existing accessory use or function and could be located outside the setback area in conformance with the Zoning Ordinance and the Conservation District Design Guidelines. • The plight of the landowner is due to circumstances unique to the property not created by the landowner. A. A 2.5-foot variance to the 30-foot front yard setback for a two-story, attached garage. Although developable area on the property is constrained by setback requirements, a functional garage could be reconstructed on the property without the need for a front -yard setback variance. B. A variance to allow a structure on a slope greater than 24 percent. Although developable area on the property is constrained by setback requirements, a functional garage could be reconstructed on the property without the need for construction on the bluff. C. A 16- to 30-foot variance to allow a two-story attached garage within 30 feet of a slope of 25 percent or greater. Evaluating this request requires balancing competing goals within the 2030 Comprehensive Plan and zoning requirements. This situation was not created by the landowner. D. A 13- to 18-foot variance to allow a sunroom addition within 30 feet of a slope of 25 percent or greater. Although developable area on the property is constrained by setback requirements, a sunroom could be constructed on the property without the need for a variance. • The variance, if granted, will not alter the essential character of the locality. A. A 2.5-foot variance to the 30-foot front yard setback for a two-story, attached garage. Granting this variance is inconsistent with the general character of the neighborhood but a front -yard setback variance was granted for the adjoining property at 220 Chestnut Street to minimize encroachment into the 30-foot bluff setback. 208 West Chestnut Street Page 5 B. A variance to allow a structure on a slope greater than 24 percent. The existing garage does not encroach into the bluff line and given the greater mass of the proposed garage, this variance could alter the character of the neighborhood. C. A 16- to 30-foot variance to allow a two-story attached garage within 30 feet of a slope of 25 percent or greater. If the proposed garage expansion does not encroach closer to the top of the bluff than the existing garage, the impact of the additional mass from the proposed second story will be minimized. D. A 13- to 18-foot variance to allow a sunroom addition within 30 feet of a slope of 25 percent or greater. This variance would allow an entirely new encroachment into the bluff setback and increase the visible mass on the bluff. • Economic considerations alone do not constitute a "practical difficulty". Economic considerations were not advanced as a rationale for any of the variance requests. ALTERNATIVES The Planning Commission has the following options: • Approve all or some of the requested variances. • Deny all or some of the requested variances • Continue the public hearing until the July 8, 2013 Planning Commission meeting for additional information. The 60-day decision deadline for the request is July 12, 2013. RECOMMENDATION AND CONDITIONS FOR APPROVAL Staff recommends denial of the following requests: • A 2.5-foot variance to the 30-foot front yard setback for a two-story, attached garage. • A variance to allow a structure on a slope greater than 24 percent. • A 13- to 18-foot variance to allow a sunroom addition within 30 feet of a slope of 25 percent or greater. Staff recommends approval of the request for a variance to allow a two-story attached garage within 30 feet of a slope of 25 percent or greater with the following conditions of approval: 1. This approval is to allow a two-story attached garage within 30 feet of a slope of 25 percent or greater. Any revisions to the approved plan shall be reviewed and approved by the Planning Commission. 2. The new garage shall extend no closer to the top of bluff than the existing garage as verified by a certificate of survey. The new garage shall not encroach into the bluff. 3. Maximum permitted impervious surface is 25 percent. Attachments: Location Map Applicant's Form, Plans and Photographs R21W R2OW R19W R22W R21W R2OW Vicinity Map 0 104 Scale in Feet This drawing is the result oh a compilation d reproduction of land records as they appear pe Washington county offices.. The drawls be us l for reference Purposes only . Washington County la not responsible for any Inaccuracies. Source. Washington 430-687SCounty Surveyors Office. ptwre Parcel data based on na00 information current through_ March 3T 2013 Map printed' May 17, 2013 PLANNING ADMINISTRATION APPLICATION FORM COMMUNITY DEVELOPMENT DEPARTMENT CITY OF STILLWATER 216 NORTH FOURTH STREET STILLWATER MN 55082 SpecialConditional Use Permit C 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. Anv incomplete application or supporting material will cause your application to be reiected 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 ��� Assessors Parcel No. r(GEO Code) Complete Property Legal Description* _ [ -C 1 -.SL% (*Required - Applications will be rejected without a legal description) Tax descriptions and property descriptions from the county are not acceptable. 4 j Zoning District__ Description of Project_ OU �v _l_P PA2ovE "thereby 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 ! will comply with the permit if it is granted and used." Required Property Owner Mailing Address Mir .)‘,l City - State - Zip_ Telephone No. j:, Q �' 64 Z Email 12JC [ `I-) C0j-'ieAS f MEr Signature tagiad,4,aqd (Signature is required) l , If other than property owner I �; t_ Representative . "—) Mailing Address i 1 (om, E L�'� c�p ( City - State - Zip f((t,ciciA-rrr SC(f-, Telephone No. Zc.7S % l'677?[D R_C Email r .; = _ _-� , t►t� Signature n ure"is re a 'rred) S:;PiANNINGSFORMS\PLANAPP.DOCX January 10, 2012 Notes: Notes: CERTIFICATE OF SURVEY "M." Ind. Meas. value. "R." Ind. Record value. Bearing system is assumed datum. STILLWATERMINN. 55082 Utilities not located, unless shown. MINNESOTA REGISTERED Bluff line shown is approximate. LAND SURVEYOR Tel. No. 439-5630 . BARRETT M. STACK • Ind. iron found. o Ind. #13774 iron pipe set. Offsets shown to existing bldg's. are meas. to the outside bldg. wall line, unless shown or noted otherwise. SURVEYMADEEXCLUSIVELY FOR: Rick Dirnberger, 208 West Chestnut St., Stillwater, MN 55082 DESCRIPTION, As Supplied by client via E-Mail: The South One Quarter (1/4) of Lot 2, and all of Lots 3, 4 and 5, Block 22, of the Original Town (now City) of Stillwater, together with that part of vacated South Fourth Street accruing thereto. Note: No recorded documents were supplied to Stack Land Surveying concerning the above described parcel. Compare the above description with recorded descriptions to insure correctness. As directed, survey work was limited to that portion of the above described parcel located southerly of the approximate Bluff Line shown hereon. Overall Parcel area shown is to the computed overall parcel boundary and is subjectwto verification by a complete boundary survey. 18 7 1. 7" r,v,VE /2.9 rfCaA4174. /Y 712 f f;7/ /1%/Se7.‘f X'/50 7 C A/e fi z L'r 2 - SZZ °,2,19'7'W i4•7.45-0, 48 74r. Z.0 72 iv 7z oz `ZY "4- "I. /...0O3 A14-60,e. to Tz 30 .577.Pw:z5-74/ 0.00 54e 40'7-2 A =5;4/ ,---•' i 7 - - , ' _ .._ t4i‘s\ ,. /sa 4?/APA/49e...e.tc-4--ie .3-7Z°27 $71141 n, /CO • 4 7 ie 43-4, ,Nzsc. ntecEi 6w7;crbvs 24 ti- .-'‘---- 114---vfiiC '''-'--V Iii ,01011 /1"--c N N$. 1. col4C. C; it IL.----•"f ij'7; /5511 / ides r 'No /3 7 74 " 32 ,e. N71#24:5-1-1!E /41, /Be , 45 — -- 47% /dye ( it, /410.7- ek/r7-4---,c4.44./e -7 CHe-5. r r %.14--Case. oz. zz - 3 70 IA/ T., 30 , • 30 (No& ‘vwdr) 9 7 Ski eat'. BA • 23 I hereby certify that this survey, plan, or report was preparcd by me or under my direct superviiuiu and that am a duly Registered Lewd Surveyor under the laws of the State of Minnesota. 1060404L June 13, 2012 13774 Dew, Ites.No 20' t?FAPYAt?t7 Set Hack 5' 51r7FYAp12 Set Back t7PIVFWAY FXI51-IN6 MTPVT, AMA 1,575 5F PPOP05Ft7 FTPI?T, AMA 3,054 5F XI511N6 NFIGNT 23' -0" pI?OP05F9 1 IGHT (NO CHANGE) LOT COVFpAGF ALLOWED 80% IMPFPVIOUS LOT COVFPAGF PPOPO5t2 30% IMPFPVI0U5 05E12 FOOTPFINT At2t7ITI0N IMP/ CALL 13,198 -925 t7t tVF/ WALK - 3,054 FTPpT 9,219 PFf?VVIUO5 3,979 IMPFt?VI0U5 30% IMPf;I?VI0U5 5UNP OM 5117FWALK C3LUFF LINE PPP SLIMY 30 FT, muff LINE 5F1 t3ACK 5117`J1 ALK 15'FPONTYAPI7 5e5 t3ack L 0 0 0 -o 0 A Renova CHESTNUT MINNESOTA STILLWATER >- 3a Cb U.H s. aunt/ ARCHRECTS, 2012 208 W. CheAna 55, SITE PLAN s D PP Abb staff rofa�i0ns in rCd 6/bl2Cr6 �o =� 131, s�1C3AcK H1ON 1Vld3ONOO `NZ DWG- DATA J I- tssuc DATE: MAO Na.: .ya S t l I w a 1 e r M I n n e s o Nark S, Batay, RA '1°E�r!`3`� Stlllweter, MN 55082 let (861) 430-3312 GM (6.51) 88,8086 I i n I n e i a t a a A Renovation and Addition for the 208 WEST CHEST\UT STtLLWATER MINNESOTA Or 4014, COMAKTOR OP OMER CV Op COopairON ""°" DRAWNe, aNEorme: DATA MARK DATE INIT. DESCRIPTION B %i A i ARCHITECTS IndIi l ono', Ell R. O H1nOS 1enld] Fri NJ p DWG, DATA ,SSUE DATE: ,;� ` PROACT NO,: weS I i I I w o t e r M f n n e s o Mark s. Ealay, ftA 118 E. MYsdie SGtM s1»>.e1e, 91N 6808Z TEL (86t) 480-98lD CELL (861) 961-8086 a I I: I e d e 1 o e o A Renovation and Addition for the 208 WEST CHEST\ U T STILLWATER MINNESOTA .57PUMMS Or SGMCE C'Vddx MP nrrutnirr „75 6.1 tm&11.WI. M HHAleAr ref. rcswn �>,w.m`�. SRwmav, CHECKED BY: DATA MARK DATE INIT, DESCRIPTIONMt BALAY m _ ARCHITECTS n d 7 o R C p Received JUN 1 0 2013 Community Development Department 5' 5MYAt?n Set Back Align Front face EXISTING F11'p1, AJA 1,575 SF rf?0P05W AITA 5,054 SF EXISTING HEIGHT 25' -0" P O'05E12 HEIGHT (NO CHANGE) Total LOT COVEk'AGE ALLOWED 25% Building 25% Impervious Total LOT COVEkAGE pF01'05Ef7 25% Building Imperviou IMP/ CALL 15,198 -925 I7t?IVE/ WALK - 5,054 FTKT 9,219 t'EkVIU05 5,979 IMpEf?VIOUS 0% ImrFrvious Total 208 W, Chestnut 5t, BLUFF LINE 'El' SUI'VEY 20' MAtYA!17 Set Back �/0 1 3 15' S1n�YAf?n Set Back SITE PLAN SCNC: VB"-1'O" 8 © komxs BNAV ARCHREC S 2012 S