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HomeMy WebLinkAbout2014-165 RESOLUTION NO. 2014-165 RESOLUTION ADOPTING FINDING OF FACT, CONCLUSION AND ORDER RELATED TO A SPECIAL USE REQUEST FOR A BED & BREAKFAST AT 1005 N WILLIAM STREET CASE NO 2014-27 BE IT RESOLVED by the City Council of Stillwater, Minnesota that the Finding of Fact, Conclusions and Order related to the Special Use Permit request for 1005 N William Street, as on file with the City Clerk, is hereby approved and authorizes the Mayor and City Clerk to sign the said Finding of Fact, Conclusions and Order. Adopted by the Stillwater City Council this 7th day of October 2014. f111V Ken rc,ki ayor ATTEST: • Diane F. Ward, City Clerk STATE OF MINNESOTA CITY OF STILLWATER COUNTY OF WASHINGTON BEFORE THE CITY COUNCIL In Re: Sheryl Jespersen 1005 William Street N FINDINGS OF FACT Special Use Permit Request CONCLUSIONS AND ORDER Case No. 2014-27 The City Council convened a Public Hearing for Case No. 2014-27 at 7:00 p.m. on September 17, 2014 at the Council Chambers in City Hall, and continued the Public Hearing at the request of Sheryl Jespersen ("Applicant") to 7:00 p.m. on October 7, 2014. The purpose of the Public Hearingwas: 1) to consider a request to find the Applicant's proposed Craft Retreat at q 1005 William Street North to be substantially similar to a Bed & Breakfast, and 2) if found substantially similar then to approve a Special Use Permit for the use. At this Public Hearing, the City Council considered the oral report of Abbi Wittman, City Planner; testimony and exhibits submitted by the Applicant; the Staff Report dated September 30, 2014 by Bill Turnblad, Community Development Director; Minutes of the September 10, 2014 Planning Commission meeting; testimony of adjacent neighbors of the property in question; and the Planning file prepared by City Staff for the Application. The Planning Commission also held a Public Hearing and reviewed the case. This hearing was held on September 10, 2014. 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 located at 1005 William Street N, Stillwater, Minnesota. 2. Thero ert is zoned RB (Two-FamilyResidential District). P p Y 3. In the RB Zoning District, Bed& Breakfasts are allowed by Special Use Permit. 4. The Applicant markets her lodging on the property as a Craft Retreat. 5. The Applicant began operating a lodging establishment on the subject property during the spring of 2014. The website for the lodging advertises accommodations, crafting equipment, and supplies for up to 12 people. 6. Craft Retreats are not specifically mentioned in the City Code, and are therefore presumed not to be permitted on the subject property. Therefore, the Applicant requested the City to first determine that the proposed Craft Retreat is substantially similar to a Bed & Breakfast and second to consequently issue a Special Use Permit for the lodging use. 7. While building the business, the Applicant permitted non-crafting groups to reserve the guest rooms. The non-crafting guests tended to socialize outside until late at night; occasionally quite loudly, which generated neighborhood complaints and calls to the Stillwater Police Department. 8. Unlike the standard Bed & Breakfast business model, the Applicant did not remain on the site to host her guests. This may have contributed to the disturbance complaints. 9. The Applicant stated during Public Hearings held for the request that she proposed to revise her business model to be more consistent with the standard Bed & Breakfast model. Specifically, she proposed to: a) remain on site while her guests were present; b) restrict the maximum number of Craft Retreat guests to 10 at a time; c) only accept reservations from crafting guests. - 2 - 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 Planning Commission's discussion focused on the Applicant's business model and its incompatibility with the surrounding residential neighborhood, as well as its dissimilarities with Bed & Breakfasts as described in Section 31-504 of the City Code. Consequently, the Planning Commission recommended on a 5-4 that the City Council deny the Special Use Permit request. 3. That the City Council concurs with the Planning Commission recommendation. 4. That based upon the findings, the requested lodging fails to meet the requirements of the City Code, will be a detriment to adjacent property, will frustrate the purpose of the Zoning Ordinance, and violate the spirit of the Comprehensive Plan. ORDER IT IS HEREBY ORDERED 1. That the request for a determination that the lodging in question is substantially similar to a Bed & Breakfast, as well as and the associated Special Use Permit, are denied with prejudice. Adopted by a 5- 0 vote of the City Council this 7th day of October, CITY OF STIL WATER Ken Haw i,Mayor ATTEST: 1(24 /54W.--- Diane F. Ward, Clerk - 3 - EXHIBITS A. Planning Application form dated August 14, 2014. B. Staff report to the Planning Commission dated September 6, 2014 written by Bill Turnblad, Community Development Director. C. The September 10, 2014 Planning Commission minutes. D. Staff report to the City Council dated September 30, 2014 written by Bill Turnblad, Community Development Director. E. The August 17, 2010 City Council minutes. F. Planning File for Case 2014-27. -4 - legal description South 2/3 of Lots 3, 4 and 5, Block 4, Staples and Mary's Addition of Stillwater, Washington County, Minnesota. - 5 -