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HomeMy WebLinkAbout2013-141RESOLUTION NO. 2013-141 RESOLUTION ADOPTING FINDINGS OF FACT, CONCLUSIONS AND ORDER RELATED TO THE DENIAL OF A DESIGN PERMIT REQUEST AND CONSIDERATION OF AN AMENDMENT TO A SPECIAL USE PERMIT IN THE CBD, CENTRAL BUSINESS DISTRICT. CASE NO. DP/13 -34 AND SUP/94 -39 WHEREAS, the City Staff has drafted Findings of Fact, Conclusions of Law and Order in support of the decision to deny a Design Permit and an amendment to a Special Use Permit for the property located at 101 Water Street North (associated with 127 Water Street North); and WHEREAS, the City Council held a hearing on the 201h day of August, 2013 to give full consideration to all the evidence presented and due consideration. NOW, THEREFORE, BE IT RESOLVED, by the City Council the following: 1. That the Findings of Fact, Conclusions or Law and Order attached hereto as Exhibit `A' regarding supporting the decision to deny a Design Permit and the amendment to a Special Use Permit for the property located at 101 Water Street North (associated with 127 Water Street North), are hereby accepted and adopted. Adopted by affirmative vote of all the members of the City Co c the 3rd day of September, 2013. �- ATTEST: X�-o � �1-elz�lc .. . &�h' Diane F. Ward, City Clerk STATE OF MINNESOTA COUNTY OF WASHINGTON In Re: The Water Street Inn Appeal Case No. DP/13 -34 CITY OF STILLWATER BEFORE THE CITY COUNCIL FINDINGS OF FACT CONCLUSIONS AND ORDER The City Council convened the Hearing scheduled for 7:00 p.m. on August 20, 2013 at the Council Chambers in City Hall on the Application of Water Street Inn ( "Applicant ") for approval of a Design Permit request to place a 160 square foot trash enclosure on the property located at 101 Water Street North. The approval would necessitate the City Council's consideration of an amendment to Case No. SUP/94 -39. The matter was before the Council on an Appeal filed and perfected by the Applicant of a Heritage Preservation Commission decision denying the application for a Design Permit. The Heritage Preservation Commission made recommendation of the denial at the regularly scheduled meeting of the Heritage Preservation Commission on August 8, 2013. At the Hearing, the City Council considered the report of Bill Turnblad, City Community Developer Director, testimony and exhibits submitted by the Applicant, the Staff Report, Case No. SUP/94 -39, a portion of the Development Agreement, and an aerial map.. NOW, THEREFORE, based upon the documents that have been made a part of this file, upon the testimony of all those who offered it, and upon all the files, records and proceedings herein, the City Council makes the following: FINDINGS OF FACT 1. This site is at 101 Water Street North and is used in association with The Water Street Inn, the business located in the structure located at 127 Water Street North. site. 2. The Applicant is requesting a 160 square foot trash enclosure be placed on the 3. The Water Street Inn operates under the terms of a Special Use Permit (SUP /94- 39). One condition of SUP/94 -39 is: "All trash receptacles shall be located inside the building ". 4. Trash receptacles were not located inside the building. 5. In March 2011 a Development Agreement was entered into between the City and Water Street Inn. In the Development Agreement, it notes: "The City will cooperate with the Developer in an effort to relocate their trash enclose that will be displaced by the acquisition to the west side of the Water Street Inn building. The new enclosure will meet the requirements of the Downtown Design Guidelines and have a minimum of six feet of clearance maintained on the sidewalk between the enclosure and the back of curb for Water Street. The City will reimburse the Developer fifty percent of the cost of the enclosure up to a maximum of $10,000 ". 6. The Applicant has not proposed a location that is to the west side of the Water Street Inn building or located within the building. CONCLUSION OF LAW 1. That this matter was properly before the City Council pursuant to the procedure set forth in the City Code. 2. That the Design Permit, as requested in the Application, is not in compliance with SUP/94 -39 or the 2011 Development Agreement. -2- r, 1 IT IS HEREBY ORDERED The Design Permit 13 -34 is hereby denied. Enacted by the City Council this 3rd day of September, 2013. ATTEST: Diane F. Ward, Clerk CITY OF STILLWATER Ken ycki, Mayor -3-