HomeMy WebLinkAbout2014-05-12 CPC Packetwa�,ter
TM E BI RTHPLACIE-OF M INN E SOTA
PLANNING COMMISSION MEETING
Monday, May 12, 2 014 - 7:00 P.M.
Council Chambers at Stillwater City Hall, 216 North Fourth Street
AGENDA
1. CALL TO ORDER
2. APPROVAL OF April 14,2013 MINUTES
3. OPEN FORUM The Opeli Foruin is a portion of the Coilu-nissiou meetilig to address subjects which are
riot a part of the meeting agenda. The Coilu-nissioli may reply at the time of the statement or may give
directioli to staff regarding ilivestigation of the colicenis expressed. Out of respect for others ill
attelidalice, please limit your cortulients to five mililites or less
4. PUBLIC HEARINGS The Chairperson opens the hearing arid will ask city staff to provide background
ou the proposed item. The Chairpersoli will ask for cora meirts from the applicalit, after which the
Chailpersou will then ask if there is anyoue else who wishes to coilu-neirt. Members of the public who
wish to speak will be giveli 5 militites arid will be requested to step forward to the podium arid must state
their liame arid address. At the coliclusion of all public testimoiry the Coilu-nissioli will close the public
hearilig arid will deliberate and take actioli ou the proposed item.
4.01 Case No. SUP/2014-13 Request for a Special Use Permit to put up ali exterior sculpture liear
the church front eirtralice. Our Saviors Lutheran Church. 1616 Olive Street West. RA — Olie
Family Residential. Gweii Johnsou, applicairt.
4.02 Case No. V/201444 Request for a 20' Varialice to the fi-olit yard setback to colistruct East and
West maiii floor porches and for a 2d story expalisioli. 2023 Schulenberg Alley. RB — Two
Family Residential. Missy Swalison (Cottage ill the Alley, LLC), owner.
4.03 Case No. SUP/2014-15 Request for a Special Use Pein-Lit amendment of SUP/2013-24 for ail
outdoor eating area. 233 South Maiii Street. CBD- Ceirtral Busiliess District. HAF Group,
owner. Joe Elheirz, applicalit. Kurt Kohl, represelitative.
4.04 Case No. SUP/2014-16 Request for a Special Use Permit for a restaurailt aild a 1,700 square
foot outdoor eatilig area. 200 Chestirtit Street East. CBD- Ceirtral Busiliess District. Chestinit
LLC, owner. Scott Kragiiess, applicalit. Mark Balay, represeirtative.
4.06 Case No. ZAT/2014-10 Consideratioli of a Zolillig Text Arneudilient to Municipal Code
Sectioli 41-7: Seasolial Outdoor Sales, establishilig design review stalidards for ceilaiii seasonal
food velidors.
5. NEW BUSINESS
6. OTHER BUSINESS
7. ADJOURNMENT
Meir
74F VIINItNIFILA WE 9F MINN E120TA
PLANNING COMMISSION MEETING MINUTES
April 14, 2014
REGULAR MEETING
Vice Chairman Hansen called the meeting to order at 7:02 p.m.
7:00 P.M.
Present: Commissioners Collins, Fletcher, Hade, Hansen, Kelly, Lauer, Middleton, Siess, Council
Representative Weidner (arrived at 7:10 p.m.)
Absent: Chairman Kocon, Corturtissioner Middleton
Staff: City Plaluier Wittman
APPROVAL OF MINUTES
Motion by Commissioner Collins, seconded by Connuissioner Fletcher, to approve the March 10, 2014
meeting minutes as amended. All in favor, 8-0.
OPEN FORUM
There were no public coilunents.
PUBLIC HEARINGS
Case No. V/2014-11 Request for consideration of a variance to the fi-olit yard setback for the vertical
expansion of an existing, lion -conforming structure located at 916 Sixth Avenue South in the RB, Two
Family District. Charlene Suk-hun, applicant.
Vice Chairman Hansen opened the public hearing.
City Planner Wittman explained that the property owner is seeking approval of a 9.6' variance to the
20' millimum front yard setback for the vertical enlargement of a pre-existing, lion-conforilling
residence. The reconstruction includes increasing the 4' second -story walls to 8' for a full second
story on the original portion of the structure. While the rear addition was permitted, the work for
which the variance has been requested has already been completed. Staff recortuliends denial oil the
basis that the plight of the landowner was self-created by doing construction work- that was not
permitted.
Charlene StM- nin, 705 Anderson Street West, Stillwater, applicant, mforilied the Commission that
she purchased the house last year with the intent of repairilig the front and adding onto the back.
When opening the second floor hallway front front to back, extensive past fire damage was found
which required repair. She discovered she needed to replace the entire roof which was not originally
planned. She submitted a permit to replace the roof when the project was in progress. A few days
Planning Commission
April 14, 2014
later she learned she needed the variance. All work was stopped immediately leaving the house
exposed to the elements. She requested the variance to raise the walls to meet building code for
insulation and the window in the bedroom. She would prefer to have two roof heights rather than
three. She informed neighbors and did not learn of any concerns.
Kristen Jensen Al Deni, 687 South Broadway, stated that the applicant was informed of the fire
damage at the time of purchasing the house, but understood that it had been repaired and therefore
would not pose any problems. When beginning the project, she discovered further repair was
needed. She feels what Ms. Sukhun has done with the house is positive and she supports the request.
Vice Chairman Hansen closed the public hearing.
Commissioner Kelly stated he was initially opposed, but feels the location and age of the property
create unique circumstances which justify granting the variance.
Commissioner Fletcher expressed concern that granting the variance could create a precedent.
Commissioner Hansen stated lie feels the variance is Justified especially because the structure is
extremely close to the street.
Commissioner Lauer expressed support for granting the variance because he does not believe the
applicant was trying to get around the rules.
Commissioner Collins noted the fact that the work- was stopped shows good intent. He supports
granting the variance.
Motion by Connuissioner Siess, seconded by Connuissioner Lauer, to approve the variance with
conditions reconiniended by staff. All in favor, 8-0.
Case No. StTPN/2014-12 Request for a Special Use Permit and variance to 2M a storefront restaurant
Wok our NIAleels or TBD (Wok on Water) located at 126 Main Street North in the CBD, Central
Business District. Timothy Michel, owner and Shigin Chen, applicant.
City Planner Wittman suniniarized the request. The applicant is requesting a Special Use Permit to
operate a restaurant at 126 Main Street North. The Downtown Parking Commission will review a
request for approval of alternative provisions to on-site parking requirements. Staff recommends
approval with conditions. Alternative provisions to the parking regulations, as determined by the
Downtown Parking Commission, will be incorporated into the conditions of approval.
ShiqIiI Chen, applicant, noted that Wok on Wheels was started in 2010 as the first Asian/Chinese
food truck in Minnesota.
Vice Chairman Hansen opened the public hearing. There were no public coninients. Vice Chairman
Hansen closed the public hearing.
Motion by Connuissioner Lauer, seconded by Connuissioner Hade, to recommend approval of the
Special Use Permit with conditions recommended by staff. All in favor, 8-0.
NEW BUSINESS
Page 2 of 3
Planning Commission
Ordinance Amendment Discussion
April 14, 2014
City Planiier Wittman explained that staff was asked by the City Council to address possible
amendments to Sign Regulations. Three provisions to consider are: LED signs, an increase in CBD
signage, and institutional signage which presently lacks definition in the ordinance. She added that
there are no specific applications before the City at this time, but there have been inquiries
specifically regarding LED signs and institutional signs in residential districts.
Commissioner Siess commented it would benefit the coninitinity to allow schools to conu-nunicate
activities on their signage; perhaps it could be allowed but required to be turned off by a certain
time.
Commissioner Kelly noted that he prefers prohibiting LED signs in the CBD. He would support
allowing lettered signs for institutions.
Commissioner Fletcher remarked that the demand for dynamic signage on Highway 36 will likely
increase. She would like to think- careftilly about regulations for this corridor.
Commissioner Siess recognized that Stillwater occupies only one side of Highway 36; Oak Park
Heights' regulations should be reviewed for consistency.
City Plaimer Wittman invited Cominissioners to form a subcormilittee to ftirther discuss the issue
before making a recornniendation to the Council.
Trails Master Plan Visionim Session and Guiding Principles Work -shop Invite
City Plaimer Wittman invited Corninissioners to a visioning workshop to be held with Melissa
Douglas, Staff, and Parks and Plaiming Commissioners on May 12. The purpose is to assist in the
development of a city-wide Trails Master Plan. All Corniiiissioners are encouraged to attend.
ADJOURNMENT
Motion by Connuissioner Lauer, seconded by Conu-nissioner Kelly, to adjourn the meeting at 8:28 p.m.
All in favor, 8-0.
Respectftilly Submitted,
Julie Kink -
Recording Secretary
Page 3 of 3
Iwa ter
I, m , H , H Y A hl I N it 1� 1, 0 1 A
IN W."110101 10LOK414105 1kVjI ROOM:, I
MEETING DATE: May 12, 2014
CASE NO.: SUP/2014-13
APPLICANT: Gwen Jol-u-ison, representing Our Saviors Lutheran Church
REQUEST: Request for a Special Use, Permit to put up im exterior sculpture near the church
front entrance located at 1616 Olive Street West
ZONING: RA - One Family Residential COMP PLAN DISTRICT: Low Density Residential
PREPARED BY: Abbi Jo Wittmim, City Planner
REQUEST
The applicant is requesting a Special Use Permit for the installation of a sculpture near the
church front entrance. The nearly 31' sculpture contains five steel posts with steel petals to
represent a flower. Each post will contain ten interchangeable colored led lights.
APPLICABLE REGULATIONS AND GUIDELINES
The purpose of specially permitted uses 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 maimer. In approving a special use permit or conditional use pern-lit, it must be
detern-dne.d by the planning commission that:
The proposed structure or use, conforms to the requirements and the intent of this chapter,
and of the comprehensive plias, relevant area plans and other lawful regulations;
Any additional conditions necessary for the public interest have been imposed; and
The use, or structure will not constitute a nuisance or be detrimental to the public welfare of
the con-initu-dty.
ANALYSIS, DISCUSSION AND FINDINGS
Municipal Code Section 31-207 indicates the following must be determined by the Planning
Commission prior to the issuance of a Special Use Permit:
The t),rot)osed, stritchirc or iisc conforiiis to Hie reqtn.reiiients arid ffic Intent of ffils clivtder, aiid ofElie
Although exterior
sculptures of this size are not identified as permitted or special uses in the zoning
regulations, staff advised church representatives to submit a Special Use. Permit request,
Billowing for neighborhood review of potential nuisances. Furthermore, neither the
comprehensive plan nor any relevant area plans address public art on private spaces.
A)i,y ad,& tlo)ial co)idi horis )ieccssa,),-yfibr tli.e public MIcrest Itavc bee,)i. 1. iiqrosed,; and, StaffInas not
identificd aiiy piiblic irderest coricer)is. Staff has not identified any public interest concerns nor
has staff received any letters of complaint regarding the proposed statue.
The,itse or sh-tichirc ztOl riot constitide as IIIIISMICC or bc ddrbiiental to tlic public ?VCIfi7re of flee:
coiiii,iiiinity. Staff has determined the outdoor eating areas would not be a detriment to the
public.
ALTERNATIVE RECOMMENDATION
The Commission has the following options:
1. Approve the Special Use Permit with or without conditions
2. Deny the Special Use, Permit
3. 'Table the request for more information
Staff recommends the Con-unission approve the SUP/2014-13 with the following conditions:
1. Plans, submitted by a structural engineer, must be submitted to the Con-initirdty
Development Director for review prior to installation.
2. Any changes to the lighting system shall be reviewed and approved by the Conunul-city
Development Director prior to installation.
ATTACHMENTS
Narrative request
Specification Sheet
Wood and Metal small-scale representation
Site Plan and Photo
LED Spec Sheet
1.616 Olve Street West (Our Savior's Church)
Case No. DP/2014-13 (CPC: March 12, 2014)
Page 2 of 2
Our Saviors Lutheran Church
1616 West Olive
Stillwater M'N .55082
April 16, 2014
City of Stillwater
Planning Commission
216 North Fourth Street
Stillwater, MN 55082
RE. Special/Conditional Use Permit
Dear Sir/Madam-,
Several years ago Our Saviors Lutheran Church (OSLC) was given a gift from a former member that
directs the use of portions of the earnings of that gift for the purpose of displaying artwork. For this
new project the members have chosen to construct an external sculpture. To that end OSLC has
commissioned artist Alexander Tylevich to construct an exterior sculpture to be erected near the front
of the main church entrance. I have attached the following items with this letter:
1. Site Plan
2. Monument Drawing
3. Concept Rendering (photo)
4. Artist Concept Model (photo)
S. LED Spec Sheet
We believe this sculpture will bring pleasure to all who worship at OSLC and! to the residence of the City
of Stillwater.
Respectfully Submitted,
Gwen L. Johnson
Treasurer
OSLC Art Fund Committee
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The following is a detailed description of the lighting — wattage, intensity, and
color variation,, per Dennis Jessop at Viking Electric Supply in Minneapolis, MN.
LED Spec Sheet
The Philips Color Kinetics Lighting system will consist of (5) strings of 10 Lighting Nodes on each
string. Each of the nodes consume approximately I watt of electricity on full white mode. The
Color -Changing feature is accomplished through the mixing of Red, Green and Blue LEDs that
are digitally controlled through a control system called DMX. This gives the nodes the ability to
display 16.4 million colors. The "shows"' available for these nodes range from single point to
any combination of points individually controlled or all changing at the same time. The "shows"
can display color -changing effects, ranging from 10ths of a second between change to several
hours. These strings of light and nodes are IP66 rated for outdoor applications. They are UL
listed as well.
Iwa ter
I, H , H , H Y A hl I N it 1� 1, 0 1 A
'10 ILI I I LKOK414105 I kVjI ROOM:, I
MEETING DATE: May 12, 2014 CASE NO.: V/ 2014-14
APPLICANT: Missy Swarison, owner
REQUEST: Request for a 20' variance to the fi-ont (exterior side) yard setback to consti-tict
East and West i-nain floor porches and for a 2 d story expansion to the sti-ticttire
located at 2023 Schulenberg Alley.
ZONING: RB - Two Family Res. COMP PLAN DISTRICT: Low/Medium Density Res.
PREPARED BY: Abbi Jo Wittman, City Planner
I tj ;Lgis] as I
The applicant is
requesting:
A 18' variarice to
the 20'
front/ exterior side
yard setback to
construct a 144
square foot
covered porch on
the east side of the.
Iroise; and
APPLICABLE REGULATIONS AND STANDARDS
TI -Le purpose of the variance is to allow variation from the strict application of the terms of
thds chapter where, by reason of the exceptional physical characteristics of the property, the
literal enforcement of the requirements of this chapter would cause practical difficulties for
the landowner.
hi no case may a valiance be granted to permit a use or a density other than a use or density
permitted in the district. Noncordorliling uses or neighboring lands, structures or buildings
in the same district or other districts may not be considered grounds for issuance of a
variarice.'TI-Le planning commission may iy pose. conditions in the granting of a variance. A
condition must be directly related to and must bear a rough proportionality to the impact
created by the. variance.
Section 31-208, Viinances, indicates economic considerations alone do not constitute
practical difficulties. It additionally indicates the Planning Commission may grant a
variance, but ordy when all of the following conditions are found:
1. The variance is inn harm011y 7,14th the general purposes and inteut of this chapter.
The general purpose and intent of the Zoning Code is to regulate and restrict use of
land for the protection of public health, safety and welfare. Tile RB, -Two Fall -Lily
Residential zoning district allows for single family dwellings. Tile additions to this
structure would allow for -upgrades to the aging structure, preserving the property's
(and neighborhood's) value.
2. The variauce is cousistentViith the comprehenskeplan.'TI-Le Housing section
(Chapter 4) of the. Comprehensive Plan identifies Policy 2: "Maintain the city
housing stock in good condition." TI -Le applicant is proposing significant upgrades
to the structure which will help support this City policy.
3!. The applicantfor the Variance establishes that there are practical difficulties in
COMplyiJ7g 71.1ith this chapter. "'Practical difficulties," as use iii connection with the
granting of a Variance, meaus that all of thefollOU.7ing must be found to apply:
i. The property 07tuter proposes to use the laud in a reasonable manuerfor a use
permitted in the zone where the land is located, but the proposal is not permitted
by other official controls. The RB, - Two Family Residential zoning district
allows for single family dwellings and for porches.
ii. The plight of the landoU.,ner is due to circumstances unique to the property and
that are not created by the landowner.
The tmiqueness is twofold: the property was platted prior to the modern zordng
regulations with street frontage on several sides and the. late 1800s construction
of the residence, hugging the northwestern property line, placed nearly entirely
in the front/exterior side yard. Moreover, the alley was not platted. It was
simply built.
2023 Schulenb—g Alley (S-,—oli)
Case No. V/2014-14 (CPC: May 12, 2014)
Page 2 of 3
inn. The Variance, if granted, will not alter the essential character of the locality. The
structure will remain a single family residence, thus keeping with the use of the
neighborhood.
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 recoinniends conditional approval of:
An 18' variance to the. 20' front/ exterior side yard setback for a 144 square foot
covered porch on the east side of the hoine; and
A 20' variance to the 20' front/ exterior side yard setback for a (approximately) 148
square foot covered porch on the west side of the home; and
A 20' variance for the vertical expansion of the southern portion of the home,
allowing for the single story portion of the residence to become two story.
Staff reconunends the coiraiiission place the following condition on the. approval:
1. The existing roof pitch of the east/west gable shall remain the saine. The finished roof
pitch of the second story addition shall be consistent with the east west gable.
2. No expansion, including eaves and overhangs, shall be permitted to extend to the north
over the East Alder Street Right-of-way.
ATTACHMENTS
Narrative Request (4 pages)
Sur urvey
Site Sketch
Facade Elevations
Floor Plans (2)
2023 sol ulenb—g Alley (S-,—oli)
Case No. V/2014-14 (CPC: May 12, 2014)
Page 3 of 3
April 17, 2014
Re: Variance Request to Construct East & West (Front & Back) chili Floor Porches (20 Ft
Requested - North), 2'd Floor Expansion on South Side of Existing Home with East & West
Facing Dormers. (13-1/2 Ft Requested - South)
Dear Stillwater Planning Committee Mernbers,
We come before you to ask for your permission for variances for our home at 2023 Schuleliburg
Alley, located on the south half of lot 1, block 53, Carli & Schulenburg's Addition to Stillwater.
The home was built ill the late 1800's before the actual road was added. The homes oil the Alley
where constructed for the mill workers and later gifted to the workers when the mill shut down.
This is an older neighborhood with the homes being constructed in the same time period in very
close proximity to each other and the alley way. The front yard (west facilig) of the property
actually begins across the west side of Schulenburg Alley, the Alley auris across our front lot
creating unique circumstances for any improvements to the font of our home. The north side of
the home sits right on the north property line, so the current setbacks in place will not allow for
any permitable improvements for us to gain entry to our home or to correct the esthetics fi-cam
past additions to the home without a variance to current setbacks.
When we purchased the home the front door had been sealed off and nailed shut with no porch or
steps to enter the front door, with brush/trees growing in fi-cant of the home. We are certain at one
time there must have been a porch of some kind to access the font of the home. To correct this
issue we are planning to build a porch raisilig and tying ill the rooffille from the existing small
side porch into a new front porch this will give the home better esthetics, and gain us access to
the fi-ont door, the existing side porch will become a latuidry rooni/pantry off the existing
kitchen.
Photos of home at 2023 Schulenburg Alley Front (West Facing) and Front Corner (NW Facing):
Currently the home has only one small 3/4 bath off the existing kitchen; we are requesting an
additional variance for an expansion to the second floor to add an additional bath and additional
bedroom to the upper level over the existing south side of liorne to accommodate our family
needs.
As owners of this home we are aware we are able to "add on" to the back of the home 20 feet off
of Alder Street and be in complete compliance with code. We did explore that option first, and
could not come tip with ail esthetically pleasing plan that could address the issues with the front
of the home. Also, we felt it would give us more space than we needed and we are not willing to
alter the existing inside layout of the home. We love the current floor plan and charm of the
home and want to keep it intact with the exception of an expansion to the second floor.
Also, we desire to be mindftil of size in this unique neighborhood of smaller cottages, mindfiil of
others views, mindfiiI of the land. We choose to be better Stuarts, it is important to us to stay
with the homes existing footprint for us, you and the ftiture of generations to come. We also have
in the planning stages an environmentally filendly landscape vision with rain barrel, rain gardens
and native plantings.
Because this home is one of the first houses you see when you come to town via Hwy 96 & Hwy
9,5 it is very visible and we have worked hard to corne up with a plan to restore the liorne with a
few modest changes to accommodate our family. (Si-nall master bedroom with bath and front and
back porches) bringing it charmingly up to date and keeping the home era appropriate.
We strongly feel this house needs to be a show piece to enhance the work that has already been
done by our neighbors to improve the Alley, visitors to town and for pride of ownership.
The home has been in the same family for three generations and has sadly fallen into disrepair as
the owners aged, no acceptable bathroom, no access to the front door to enter the home and
crumbling unsafe stairs on the back of home.
Photos of similar styled home with fiont porch:
The new covered front porch will be 6'X 24'8", the new covered back porch 8'X 18". Both
constructed of quality wood, Posts will be 8X8 square column with vintage molding trii-inued
tops and bottonis. Porch will be painted in a similar historic color palate to i-natch the liorne.
2nd floor expansion will be sided and trillinied to match existing siding with appropriate double
hiing windows. Painted in historical color palate to match home.
Needed Variances:
• North - 20 feet requested
• West - 13-1/2 feet requested
The Property oi,mer proposed to use the land in a reasonable inarinerfor a use per tnitted
hi the zorae where the laiid is located, b'ut the proposal is riot per tnitted Iry other official
coritrols.
We cannot access the front of our liorne and current set back prevent us fi-om correcting this.
2. Thepliglit of the landowner is due to circ-itinstances urdque to the proper 47 aiid root
created 1r17 the le id owrier; aiid
The home at 2023 Schulenburg Alley was built in the late 1800's. This is are older neighborhood
where all the liornes where constructed ill the same era in close proximity to each other before
the current alley way. Due to current setbacks in place we have a unique circumstance that will
not allow any permits for us to gain access to the front of our home or to improve the esthetics
from past additions to the home without a variance to setbacks.
3. The variance, if granted, will riot alter the essential character of the rieighborhood.
The new porch and 2 d floor expansion will riot alter the essential character of the lionie but
tastefully enhance the house as if it had always been there, complementing the era of the home
and neighborhood, improving character and charm to this special neighborhood and beautiful
city.
Thank- you for your attention and consideration in this matter.
Respectfully submitted,
Missie Swanson
Cottage in the Alley, LLC
2023 Schulenburg Alley
Docunients Enclosed:
Cortipleted Variance Application Forni
Completed Construction Permit Form
Complete Legal Description of Property Deed
Certificate of Survey
Site Plan with Measurements
Construction Plans
Materials List
CERTIFICATE OF SUIRVEY
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'10 ILI I I LKOK414105 I kvj16:00101! 1
MEETING DATE: May 12, 2014
CASE NO.: SUP/2014-15
APPLICANT: Joe Elhenz, Applicant and LOLO Managing Director
REQUEST: Request for a Special Use Permit amendment of SUP/2013-24 for an outside
eating area to be located at 233 Main Street South
ZONING: Central Business District COMP PLAN DISTRICT: Downtown Mixed Use
PREPARED BY: Abbi Jo Wittmark, City Planner
I tj ;Lpis] as I
The applicant is requesting an
outdoor eating area to be
located on the east side of the
structure located at 233 Main
Street South. The recently
opened LOLO restaurant would
like to create. an (approximately)
400 square foot area to serve an
additional 31 patrons.
APPLICABLE REGULATIONS
AND GUIDELINES
The purpose of specially
permitted uses 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
manrier. In approving a special use permit or conditional use permit, it must be determined by
the planning commission that:
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;
Any additional conditions necessary for the public interest have been imposed; and
The use, or structure will not constitute a nuisance or be detrimental to the public welfare of
the commurdty.
ANALYSIS, DISCUSSION AND FINDINGS
Municipal Code Section 31-207 indicates the following must be determined by the Planning
Commission prior to the issuance of a Special Use Pennit:
Die t),rot)osed, stria hirc or iisc conforiiis to fie reqtn.wiiients tvid tlic Intent of this clivtder, tiiid offlea~
coiiqrrcliensivc pMn,,rc1cz)tvd tirea p4all.S tiiid otlier
Zoning Ordinance
o Use: Outdoor Eating areas are fairly conunon in the Central Business District.
Furthermore, the applicant is not proposing outdoor entertainnient for this
portion of the restaurant.
o Parking: No on-site parking will be available for this business. Since, the
property is located within the Downtown Parking District, alternative provisions
are possible for meeting the restaurant's parking obligations. Review of this
application is scheduled for the May 17th Downtown Parking Commission
meeting.
Comprehensive Plan - The Local Economy chapter of the City's Comprehensive
Plan (Page 7-4) "encourages small locally owned Inisinesses particularly in the.
downtown."
A)i.y tiddItIo)itiI co)idihoris )iecesstirwlfibr tli.e public I)derest litivc bte,)r liiqrosed,; and,
Staff lies not identificd tviy public interest concerris.
Exterior changes - Section 31-319 of the Stillwater City Code requires that the
Heritage Preservation Conunission (HPC) conduct a design review on exterior
changes.
Miscellaneous
• Plans and the use will need to be approved by the engineering, fire and
building officials before the issuance of a Infilding pennit.
• All trash must be stored inside or in a combined trash enclosure on Water
Street. There is an outdoor trash enclosure depicted on the submitted plans,
but it is only a concept suggested by the building owner. Any trash enclosure
will require a design review permit and if it is to be located on public
property, it will need to be approved by the City.
'I ire: or sh-tichirc ztOl riot constitide as IIIIISMI.Cc or bc ddritiienhil to tlic public ?VCIfi7re cif flee:
coiiii,iiiinity. Staff has determined the outdoor eating areas would not be a detriment to the
public.
ALTERNATIVE RECOMMENDATION
The Commission has the following options:
1. Approve the Special Use Permit with or without conditions
2. Deny the Special Use Permit
3. 'Table the request for more information
233 Main Street South (LOLO)
Case No. DP/2014-15 (CPC: May 12, 2014)
Page 2 of 3
Staff recornmends the Cons nission approve the SUP/2014-15 with the following conditions:
1. All exterior designs shall obtain a Design Permit from the Heritage Preservation
Commission prior to installation.
2. All trash must be stored inside or in a trash enclosure if outside. A design review
permit is retlaired for any outdoor enclosure.
3. Alternative provisions to the parking regulations, as determined by the Downtown
Parking Conunission, shall be incorporated into the Special Use Permit conditions of
approval.
4. Plans and the use will need to be approved by the engineering, fire and building officials
before the issuance of a building permit.
J. All changes to the approved plans will need to be reviewed and approved by the.
Community Development Director. Any major changes will need to go to the Planning
Commission for review and approval.
ATTACHMENTS
Narrative request
Floor plan
233 Main Street South (LOLO)
Case No. DP/2014-15 (CPC: May 12, 2014)
Page 3 of 3
To City Of Stillwater
From Lolo American Kitchen
RE Amendment to Special Use Permit for Restaurant Deck Seating Area.
Dear Sirs,
We are requesting amendment to our special use permit for the addition of a deck seating area to the
east of the building located at 233 South Main Street.
This amendment will allow for an additional 24 seasonal seats when weather permitting.
The site plan ( SI.0) Shows the proposed layout. Construction would be of a wood frame with concrete
2' x 2' panels elevated to the same level as our current rear exit and will allow for handicapped
accessibility as well as controlled access from the Water Street Side of building.
Appropriate trees or hedge would be used as well to provide green landscaping, Trees Shown are
approximate representation.
During the construction project we had to remove four to six seats from the indoor seating as a result of
ADA compliant bathrooms. This additional seating will help us serve the summertime customers.
We DO NOT want or request live music. Appropriate background music and seating paging capability are
envisioned but not at a level audible beyond the deck seating area.
This additional deck area and landscaping will provide an aesthetically pleasing addition to the Water
Street s,treetscape as well as compliment 45 Degrees rear patio and Marxs Wine Bar Patio.
Please feel free to contact us regarding any questions or additional documentation needed for this
amendment to our special use permit.
Thank You,
Managing Director
Lolo American Kitchen
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MEETING DATE: May 12, 2014 CASE NO.: SUP/2014-16
APPLICANT: Mark Balay, representative, and Scott Kragness, Chestnut LLC representative
REQUEST: Request for a Special Use Permit for a restaurant and a 1,700 square foot outdoor
eating area for the sti-ticttire located at 200 Chestnut Street East
ZONING: Central Business District COMP PLAN DISTRICT: Downtown Mixed Use
PREPARED BY: Abbi Jo Wittman, City Planner
REQUEST
The applicant is requesting a Special
Use Pemit for a restaurant and
future outdoor eating area to be
located at 200 Chestnut Street East.
Also, the Downtown Parking
Cornniission will review a request
for approval of alternative
provisions to on-site parking
requirements.
1 mmm "'am
Rev6. 324 currently operates in the Grand Garage, located at 324 MainStreet South. They would
like to expand the restaurant by relocating to the Chestnut Street building. This will allow for
greater occupancy as well as a larger outdoor eating area in the future.
APPLICABLE REGULATIONS, GUIDELINES AND FINDINGS
The purpose of specially permitted uses is to allow the integration of essential or desirable uses
which inay be suitable only in certain zoning districts or designed or arranged on a site in a
certain maimer. In approving a special use permit or conditional use pern-lit, it must be
determined by the plana-drig commission that:
• The proposed structure or use, conforms to the requirenients and the intent of this chapter,
and of the comprehensive plan, relevant area plans and other lawful regulations;
• Any additional conditions necessary for the public interest have been imposed; and
The use, or structure will not constitute a nuisance or be detrimental to the public welfare of
the cornmurdty.
ANALYSIS AND DISCUSSION
Mtmicipal Code Section 31-207 indicates the following must be determined by the Planning
Commission prior to the issuance of a Special Use Permit:
The proposed, stritchirc or iisc conforiiis to Hie reqtn.reiiients tvid fliv Intent of Hils clivpter, tiiid oftlie
coiiiprcliensivc pMn,,rc1cz)tvd tirea p4 airs tiiid oilier
Zoning Ordinance
o Use: Restaurants are allowed in the Central Business District by Special Use
Permit. Outdoor Eating areas are fairly common in the Central Business District.
o Parking: While on-site parking is available, the site will be reconfigured and the
change of use, will create a greater parking demand. Since, the property is
located within the Downtown Parking District, alternative provisions are
possible for meeting the restaurant's parking obligations. Review of this
application is scheduled for the May 17th Downtown Parking Conunission
meeting.
Comprehensive Plan - The Local Economy chapter of the City's Comprehensive
Plan (Page 7-4) "encourages small locally owned businesses particularly in the.
downtown."
A)i.y tiddItIo)itW co)idihoris )iecesstirwlfibr tli.e public I)derest litivc bee,)i. liiiposed,; and,
Staff livs not identificd tviy piiblic interest concerns.
Exterior chance - Section 31-319 of the Stillwater City Code requires that the Heritage
Preservation Cornniission (HPC), conduct a design review on exterior changes. The HPC
has approved DP/2014-16, allowing for certain modifications to the exterior facade.
Miscellaneous
o Plans and the use will need to be approved by the engineering, fire and
building officials before the issuance of a building permit.
o All trash must be stored inside or in a combined trash enclosure. Any trash
enclosure will require a design review permit and if it is to be located on
public property, it will need to be approved by the City.
'I ire: or sh-tichirc ztOl riot constitide as IIIIISMICC or bc ddritiiental to fliv public ?VCIfi7re cif flee:
coiiii,iiiinity. Staff has determined the outdoor eating areas would not be a detriment to the
public.
ALTERNATIVE RECOMMENDATION
The Commission has the following options:
1. Approve the Special Use Permit with or without conditions
200 chestnut Street (neve)
Case No. DP/2014-16 (CPC: March 12, 2014)
Page 2 of 3
2. Deny the Special Use Permit
3. 'Table the request for more information
Staff recommends the Con-unission approve the SUP/2014-16 with the following conditions:
1. All trash must be stored inside or in a trash enclosure if outside. A design review
permit is retlaired for any outdoor enclosure.
2. Alternative provisions to the parking regulations, as determined by the Downtown
Parking Conunission, shall be incorporated into the, Special Use Permit conditions of
approval.
3. Plans and the use will need to be approved by the engineering, fire and building officials
before the issuance of a building permit.
4. All changes to the approved plans will need to be reviewed and approved by the.
Con-initu-dty Development Director. Any major changes will need to go to the Planning
Commission for review and approval.
ATTACHMENTS
Narrative request
Floor plan
200 Chestnut Street (Reve)
Case No. DP/2014-16 (CPC: March 12, 2014)
Page 3 of 3
Mark S. Balay, RA
110 East Myrtle Street
Stillevater, Minwsot4� 55082
(65 1) 430-3312
4/17/14
City of Stillwater
Attn: Abbi Wittman
216 N'. Fourth St.
Stillwater, MN 55082
Dear Ms, Wittman and Planning Commission Members:
Michael E. Bafiiy, RA
84-82 W(Iamr Wads' Place
Noblesoilk, IndiAma 46060
(317)1345-9402
Attached are application materials for the 200 E. Chestnut Building We make modifications to the parking for the building and estab-
lish an SUP for a Restaurant with a future 1,700sf outdoor eating area.
An updating of the parking requirements for the building will be required because of the changes, in use. The last parking calculation
was in 2004 and required 81 spaces, At that time planning staff interpretations indicated we were meeting that requirement,
Our new configuration and calculations indicate that the parking requirement will increase to 88 and also add one handicap space.
This is based upon contemporary work with the planning staff to confirm these requirements.
Based upon current interpretation standards we only have 57 qualifying spaces. Therefore we are requesting accommodation 'I'Or 31
spaces.
We are also asking for approval of a, future outdoor eating area of 1,700sf. The design of which will be approved by H.PC in future
reviews.
'Thanks in advance for Your consideration and we are looking forward to meeting with you and answering any questions you may
have in the public hearing.
mar,, ,,,,,s. oatay
Mark S. Balay rchi
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MEETING DATE: May 12, 2014 CASE NO.: ZAT/2014-10
REQUEST: Consideration of a Zoning Text Amendment (ZAT) to Municipal Code Section
41-7: Seasonal Outdoor Sales, subd. 2: Seasonal food vending, establishing design
review standards for certain seasonal food vendors
ZONING: Central Business District COMP PLAN DISTRICT: Downtown Mixed Use
PREPARED BY: Abbi Jo Wittmark, City Planner
1 --yaw "'a"
At the Conunissiork's regularly -scheduled meeting in March, Commissioners reviewed an HPC
drafted Zordng'Text Amendment (ZAT) creating design review standards for those mobile
seasonal food vending carts and trailers that are not removed nightly,
ANALYSIS AND DISCUSSION
The specific changes include:
• Requirement of submittal of color photographs of all four sides of the facility, including
a proposal for the exterior fa�,ade design.
• Requirement of a Design Permit if the facility is to remain in place for a period of greater
than 20 hours.
• Designs shall be consistent with the Downtown Design manual; white utility trailers are
prohibited.
• No near or fluorescent paint shall be permitted.
• The facility shall not contain neon lights, display any moving parts, be illuminated with
flashing of intermittent lights, nor may it incorporate any animation. No device may be
illuminated to obscure or mimic an official traffic sign or signal. This includes indoor
lighting which is visible, from public streets.
• The food vending cart or trailer shall not use outside sound amplification, televisions or
other similar visual displays, nor may it use noisemakers such as bells, horns or
whistles.
0 The site plan must include method of containing trash and recycling.
I a 1101 B) 110M.04
Prior to making a reconimendation for approval or modified approval of a proposed
amendment to the city council, the con-unission must first find that the public necessity, and the
general con-imurdty welfare are furthered; and that the proposed aniend, ment is in general
confornialice with the principles, policies and land use designations set forth in the
comprehensive plan.
Comprehensive Plan chapter 5: Historic Resources Goal 3 is to el -d -Lance the visual and aesthetic
character, diversity and interest of Stillwater. TI -lis ordinance amendment will further allow for
seasonal food vendors in the historic core while further proinoting more pernialielit facilities to
be consistent with the design standards for this district.
RECOMMENDATION
Section 31-205 indicates a public hearing must be held by the plane -Ling commission on all
proposed amendments. The con-unission must forward a recommendation for approval,
modified approval or denial to the city council for filial action. Staff recommends the
Commission forward a favorable recommendation of approval to the City Cotuicil.
ATTACHMENTS
Ordinance No. : An Ordinance Amending Chapter 41, entitled Licenses, Permits and
Prohibitions by Establishing Design Review Standards for Certain Seasonal Food Vendors.
Season Food Vendnig Amendment
Case No. DP/2014-10 (CPC: May 12, 2014)
Page 2 of 2
I s] 3 11 1,24F.1,24141 912NIGN
AN ORDINANCE AMENDING CHAPTER 41, ENTITLED LICENSES, PERMITS AND
PROHIBITIONS BY ESTABLISHING DESIGN REVIEW STANDARDS FOR CERTAIN
601 WKI-1610F.1 0 Eolo] P&PA11,1410161 M01
THE CITY COUNCIL OF THE CITY OF STILLWATER DOES ORDAIN:
1. Amend. City Code Chapter 41-7: Seasonal Outdoor Sales, Subd. 2: Seasonal food
vending is amended by adding the following:
(1) A completed permit application form must be submitted wma ally (including permit fee) to
the con-initu-dty development department. T1 -Le completed application must be submitted at
least 60 days prior to the first seasonal usage of the cart or vehicle. Tri be considered
complete, the application must include the completed application form, permit fee, and the
following additional information.
(a) Address of the private property upon which the cart or vehicle will operate.
(b) Site and operations plans detailing at least the. following:
1. Size and location of the area being occupied by the seasonal food vending operation.
2. Lblcyr photographs or renderings and dimensions of all four sides of the vehicle or
cart, inchiding exterior tacade desi&i.
(1) If the f00(j),T -e for a :)eriod of
20 hour rnlitas
re),Tie,%,ve Inission.
(2) Win
(a) The food v
.Connuercial Historic
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1. W-fite UtilitV trailers are, ric)tj:)eri.iiLittecl,%,%,itlicyL.it,-,i'Z.tiificinit exterior
Llesign �iin -)r�ovenie�nts.
(b) The exterior of the
coloredLI-hiorescent )aint.
(c) The food v
ent
illun-driated to obscure or nidinic im official traffic siva or signal. This
includes indoor IiZhting wl-fich is visible froninil�-)hcstr�eets.
(d) The food vejhfin cart or trailer �sliajl �Ilot rise outsidesot�llld
av it arse
noiseinakers suchas hellsL horns or%vffistles.
S. Location of exits from principal building on the property. The vending equipment
and operation must not block the exits.
4. Storage location for vehicle or cart when not open for business.
5. Method of containing trash and recychyLe.
6. Pedestrian and traffic control safety meas ares. The sales area may not impede
pedestrian or vehicular circulation patterns on or around the site.
7. Parking stalls. If parking stalls are being used by the vending operation, this must be
indicated on the site plan. The total number of parking spaces required of the
principal use of the private propelty shall not be reduced below the milihimin
number required by ordinance.
S. Miscellaneous operation details including: a) dates and hours of operation, b),
merchandise or service being offered for sale, and c), contact information for the
landowner, the applicant, and the manager of the seasonal vending operation.
2. Saving. In all other ways, the City Code will remain. if full force and effect.
3. Effective Date. This Ordinance will be in effect from and after its passage and
publication according to law.
Adopted by the City Council of the City of Stillwater this — day of . 2014.
Ken Harycki, Mayor
ATTEST:
Diane F. Ward, City Clerk