HomeMy WebLinkAbout2014-02-19 Joint Board PacketAGENDA
Stillwater City and Town Joint Planning Board
City Council Chambers
216 North Fourth Street
Stillwater, MN 55082
7 p.m.
Wednesday, February 19, 2014
1.CALL TO ORDER
2.APPROVAL OF AGENDA
3.APPROVAL OF DECEMBER 18, 2013 MINUTES
4.NEW BUSINESS
4.01 Chris Aamodt request for variance
5.OLD BUSINESS
5.01Update on the Orderly Annexation Agreement
Joint Planning Board Members
TO:
Bill Turnblad, Stillwater Community Development Director
FROM:
February 14, 2014
DATE:
RE: Conceptual review of setback variance
REQUEST
Chris Aamodt is planning to develop land located at the corner of Manning Avenue and McKusick Road.
The required building setback from Manning Avenue is 100 feet. But, with the additional 50 feet of right-
of-way to be purchased by Washington County for improvements to Manning Avenue, about 14 of 50
building sites would be lost.
Therefore, Aamodt would like a variance from the 100 foot setback requirement. And, prior to
developing the preliminary plat plans, he has requested the Joint Planning Board to consider granting
conceptual approval of the request.
If conceptual approval is given, the formal variance request and public hearing would be considered
together with the preliminary plat in April.
COMMENTS
The Planning Commission heard the variance request and granted approval with the condition that it
would not become effective until the final plat and annexation are approved. The planning report for the
Planning Commission is attached.
The requested 50 foot setback from the new county road right-of-way line would be greater than the
minimum setback for any of the single family neighborhoods in Liberty. This can be seen in the attached
graphics.
Generally speaking, as long as there is a good landscaping/buffering/berming plan in the reduced setback
area, it would be consistent with all of the other single family neighborhoods already approved along the
Stillwater side of Manning Avenue.
ALTERNATIVE COURSES OF ACTION
Conceptually approve or deny requested variance.
Aamodt variance
February 14, 2014
Page 2
This aerial shows a detail of the southern portion of the Aamodt site and how its requested setback line relates to existing and
proposed r-o-w line, as well as to actual setback of the Settler’s Glen townhomes.
Setback of Liberty single-family neighborhood.
Aamodt variance
February 14, 2014
Page 3
Setback of Liberty West single-family neighborhood
\
Setback of Liberty West townhomes.
bt
PLANNING COMMISSION
January 13, 2014 2014-4
MEETING DATE: CASE NO.:
James DeBenedet, and Chris Aamodt, SettlerÔs Pines, LLC
APPLICANT:
Request for a 50' variance to the 100' Manning Avenue setback for
REQUEST:
parcels located at 8355, 8401 and 8455 Manning Avenue
None LMDR Ï Low/Medium Density Residential
ZONING:COMP PLAN DISTRICT:
Abbi Jo Wittman, City Planner
PREPARED BY:
REQUEST
The applicant is requesting a 50Ô variance to the 100Ô setback requirement for three
parcels located along Manning Avenue in Stillwater Township.
DISSCUSSION
The applicants plan to develop property on Manning Avenue at MuKusick Road. It is
currently located in Stillwater Township. Before they make application for the
preliminary plat and annexation, they have requested a variance. The development
potential and design are dramatically altered without the variance. Consequently, the
applicants need to know whether the City will support the variance before civil
engineering is done. If the Planning Commission approves the variance, it would not
become effective until the plat is approved for the project.
The parcels are a part of Orderly Annexation Area Phase IV meaning the property
owner may, if certain conditions exist, petition for annexation
to initiate annexation on or after January 1, 2015. Prior to annexing the property, the
prospective purchasers are seeking a variance to determine a development schedule,
options for design and development of annexation and platting applications.
Washington County is proposing to take a strip of land, 50Ô feet in width, running along
the western boundary of these parcels (depicted as the yellow line moving to the pink
line on the attached Plan D) for the continuation of the Manning Avenue trail as well as
for the expansion of Manning Avenue to a four lane road. When this occurs, the 100Ô
Manning setback will be enforced from the new ROW line. The var
8355, 8401 and 8455 Manning Avenue
Case No. 2014-4 (January 13, 2014 CPC)
Page 2
would be in the exact location as the current setback from Manning Avenue (depicted
as the blue line on the attached Plan D).
APPLICABLE REGULATIONS AND STANDARDS
Section 31-208,, indicates economic considerations alone do not constitute
Variances
practical difficulties. It additionally indicates the Planning Commission 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.
The general purpose and intent of the Zoning Code is to regulate
restrict use of land for the protection of public health, safety and welfare.
The extraordinarily large setback from Manning Avenue was intended to
create extra green space along the highway. This setback distance was
adopted largely at the request of Stillwater Township when the City was
negotiating the orderly annexation agreement with them.
As can be seen in the table showing Manning Avenue setbacks below, that
extraordinarily wide green space corridor has not been required by the
Township or the City in any other single family residential neighborhood
developed since the adoption of the regulation and annexation ag
2.The variance is consistent with the comprehensive plan.
These parcels have been designated to be classified as a Low/Medium
Density Residential (LMDR) development on the Future Land Use Ma
the Comprehensive Plan. The LMDR classification, has been designed to
provide flexibility in lot size and density with areas developing at 4.4-9.7
units per acre. The variance would allow for a plat to be developed that
would be consist with the LMDR future land use category.
3.The applicant for the variance establishes that there are practical difficulties in
complying with this chapter. ÑPractical difficulties,Ò as use 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 mann
permitted in the zone where the land is located, but the proposa
permitted by other official controls.
The proposal is for the platting of a residential development; t
permitted in this location.
ii.The plight of the landowner is due to circumstances unique to th
and that are not created by the landowner.
8355, 8401 and 8455 Manning Avenue
Case No. 2014-4 (January 13, 2014 CPC)
Page 3
With the CountyÔs future expansion of Manning Avenue and the Man
Avenue trail, a 50Ô strip of land will decrease the overall land
parcel, thus reducing the western parcels by ½ of the minimum lot width
for parcels in a RB Ï Two Family district. This, combined with the cityÔs,
100Ô setback from Manning Avenue and 20Ô front yard setback, cre
practical difficulty in the platting of 7,500 square foot parcels in this
location.
iii.
The variance, if granted, will not alter the essential character.
The variance would create a setback from Manning Avenue similar
single family (SFR) parcels, adjacent to the eastern boundary of
Avenue, located to the south of the subject property:
Subdivision Address Apx. Setback
SettlerÔs (Townhome)3690 Ambercrombie Ln. 100Ô
Liberty (Townhome) 7225 Manning 40Ô
Liberty West (SFR) 3726 Planting Green 50Ô
Liberty (SFR) 456 Harvest Green 35Ô
Stillwater Crossing (SFR) 602 Eben Court 50Ô
FINDINGS AND RECOMMENDATION
Staff finds the variance request, which will not alter the essential character of the
locality, is reasonable given the unique circumstances. Additionally, staff finds the
application is consistent with the zoning ordinance and comprehensive plan.
Staff recommends approval of a 50Ô variance to the 100Ô Manning
the parcels located at 8355, 8401, and 8455 Manning Avenue with the following
conditions:
1.The 50Ô setback area shall include considerable landscape screen
potential berm. The plan for screening in this location shall b
approve at the time of preliminary plat.
2.A final plat must be approved by the City of Stillwater.
ATTACHMENTS
Site Location Map
Memo from John DeBenedet, P.E. (2 pages)
Plan D, December 19, 2013
HTRONENALRANIM
HTRON EUNEVA ENALYRAM