HomeMy WebLinkAbout2014-169 RESOLUTION NO. 2014-169
RESOLUTION ADOPTING FINDINGS OF FACT, CONCLUSION AND ORDER
RELATED TO A SPECIAL USE PERMIT REQUEST
FOR A BED & BREAKFAST AT
116 HARRIET STREET NORTH
CASE NO 2014-28
BE IT RESOLVED by the City Council of Stillwater, Minnesota that the Findings of Fact,
Conclusions and Order related to the Special Use Permit request for 116 Harriet Street
North, as on file with the City Clerk, is hereby approved and authorizes the Mayor and
City Clerk to sign the said Findings of Fact, Conclusions and Order.
Adopted by the Stillwater City Council this 7th day of October 2014.
JJ
Keni larycki, Mayor
ATTEST:
1"-e k.-1- k,k/WC—,
Diane F. Ward, City Clerk
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• STATE OF MINNESOTA CITY OF STILLWATER
COUNTY OF WASHINGTON BEFORE THE CITY COUNCIL
In Re: Renee Haugen
Special Use Permit Request FINDINGS OF FACT
For 116 Harriet Street N CONCLUSIONS AND
ORDER
Case No. 2014-28
The City Council convened a Public Hearing for Case No. 2014-28 at 7:00 p.m. on
September 17, 2014 at the Council Chambers in City Hall. The purpose of the Public Hearing
was to consider a request for a Special Use Permit to operate a Bed & Breakfast at 116 Harriet
Street North.
At this Public Hearing, the City Council considered the oral report of Bill Turnblad,
Community Development Director; testimony and exhibits submitted by Renee Haugen
("Applicant"); the Staff Report dated September 16, 2014 by Abbi Wittman, City Planner;
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 property is located at 116 Harriet Street North, Stillwater, Minnesota.
2. The property is zoned RB (Two-Family Residential District).
3. In the RB Zoning District, Bed&Breakfasts are allowed by Special Use Permit.
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4. The Applicant submitted a request for the City to approve a Special Use Permit
for a Bed & Breakfast on the property. If approved, then the Applicant would purchase the
property, live on the property, and operate a Bed& Breakfast on it.
5. City Code Section 31-504, Subd 1 (a) requires two parking spaces for the owners
and one for each guest room. Two parking spaces for the owner are provided on the private
property. But, no such spaces are currently provided for the guest rooms. Moreover, a plan for a
viable, code compliant parking area on the private property was not provided by the Applicant.
6. The property is a corner lot and has frontage on Rice Street and Harriet Street.
The access to the Bed &Breakfast as proposed would be from Rice Street.
7. The portion of Rice Street providing frontage to the property is a very narrow
dead ended street. For guests to turn around on Rice Street would require driving into the
neighbor's driveway. The only way to avoid this maneuver would be to provide a viable parking
lot on the Bed &Breakfast's property. As mentioned in Finding 5, the Applicant did not provide
a viable, code compliant parking lot plan.
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8. The number of guest rooms permitted in a Bed &Breakfast is determined, in part,
by the number of original bedrooms in the house (minus one for the owners). But, the Applicant
did not submit definitive documentation on the number of original bedrooms in the home.
9. The square footage of the house also plays a role in determining the number of
permitted guest rooms in a Bed & Breakfast. With the current square footage, only one guest
room could be permitted.
10. The Applicant requested permission to operate three guest rooms. To create
sufficient square footage to permit three guest rooms, the Applicant proposed to build several
additions to the house. However, the construction scheduling for the additions was unclear.
11. At the Planning Commission and City Council public hearings a number of
neighbors spoke out against the proposed Bed & Breakfast. With the exception of the Applicant,
no testimony was offered in favor of the proposed Bed& Breakfast.
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• 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 based upon the findings, the proposed Bed & Breakfast fails to meet the
requirements of the City Code regarding Bed &Breakfasts.
ORDER
IT IS HEREBY ORDERED
1. That the request for a Special Use Permit to operate a Bed & Breakfast is denied
without prejudice.
Adopted by a 5-- ,9 vote of the City Council this 7th day of October, 2014.
CITY OF STILLWA"i`ER
Ken ya rycki Mayor
ATTEST:
lajti/V 41.g, A.)60a_741/
Diane F. Ward, Clerk
EXHIBITS
A. Planning Application form dated August 14, 2014.
B. Staff report to the Planning Commission dated September 10, 2014 written by Abbi
Wittman, City Planner.
C. The September 10, 2014 Planning Commission minutes.
D. Staff report to the City Council dated September 16, 2014 written by Abbi Wittman, City
Planner.
E. Planning File for Case 2014-28.
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SLEGAL DESCRIPTION
Lots 1, 2, 3, 4, Block 8, Thompson Parker Mowers Addition, Stillwater, Washington County,
Minnesota.
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TO: Stillwater City Council
Ken Harycki - Major
Doug Menikheim—Ward 1
Ted Kozlowski—Ward 2
Tom Weidner—Ward 3
Michael Polehna—Ward 4
SUBJECT: Reconsideration Request of City Council Decision; Variance and SUP for a Bed and
Breakfast at 116 Harriet Ave North;
DATE: 9/22/14
CASE#: 2014-28—Council Meeting 9/16/14
PROPERTY: 116 Harriet Street, Stillwater, MN
- Is not currently a Bed and Breakfast
- Is being sold as a single family residence
- Renovations and additions are subject to the Stillwater residential building
guidelines, and HPC architectural approval.
- The property has 20,000+sq ft of buildable land and another 10,000 below
the bluff line, exceeding the lot size requirement for a bed and breakfast.
I'm requesting the Stillwater City Council re-consider my Special use Permit and Variance applications.
After review of the city council minutes from the September 16 meeting, I would like to review the
following with you.
1. The purpose of the ordinance as discussed by City Council during the meeting on 9/16/14. As
summarized here
The ordinance was written as a guiding principle to
o Rehabilitate old homes in different neighborhoods.
o Save old homes
o Help offset the cost of renovating old homes
o Protecting the neighborhoods
o To distribute and avoid clustering in neighborhoods
o The city is divided with ravines, and neighborhoods, so essentially the Bed and
Breakfast homes are in distinctly different neighborhoods and don't have a problem
with clustering.
2. Reviewing City Ordinance 31-504 to determine if the property at 116 Harriet is in Compliance
with the ordinance.
3. Review section (k)of Ordinance 31-504. Restoration or additions must meet the Secretary of
Interior's standards for rehabilitation
4. Review the rationale for the application for a Variance to the Bed and Breakfast Ordinance
section (C)which states the Bed and Breakfast uses in residential areas must be located at least
900' apart(approximately three blocks).
5. Public Testimony Addressing Concerns
6. The application for the SUP and Variance would be requested following purchase and renovation
of the home, with the understanding that I would be granted the SUP and Variance based on
these proceedings, and In the event another party makes a request for a Bed and Breakfast near
• the property in question, that I would not lose my SUP or variance.
• Review Ordinance 31-504 Bed and Breakfast to determine if the
property at 116 is in compliance.
Council Question- Does this property fit the ordinance?
The Stillwater Planning Commission permits Bed and Breakfasts in the RB zoning
district as regulated in Sec 31-504, subject to the following conditions:
Preservation of historic homes because the expense of owning and maintaining historic homes has made
them less suitable for single-family dwellings. Conversion of historic houses into multifamily uses is
usually determined by the neighborhood where it is located. It is therefore the intention of the city to limit
bed and breakfast uses to those homes where the use would benefit the surrounding area by allowing
appropriate adaptive reuse of historic dwellings. Bed and breakfasts are permitted in the RCL district and
allowed with a special use permit in RB and RCM zoning districts as regulated in this Section 31-504
subject to the following conditions:
(a) At least two off-street parking spaces must be provided onsite for the owner or manager and
one parking space for each room bed and breakfast unit. The parking spaces must be signed
and the parking plan approved by the community development director. — Yes
o Parking plan provides 3 extra spaces on Rice Street,with two existing spaces
in the garage. The proposed parking lot is next to the existing garage parking
spaces, and sits directly in front of a vacant lot. See photos on last page.
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(b) The dining facilities must not be open to the public and must be used exclusively by the
registered guests unless allowed as a separate permitted or special use. — Yes
(c) Bed and breakfast uses in residential areas must be located at least 900 feet apart
(approximately three blocks).—No— Variance Requested
(d) An identification sign not exceeding four square feet may be located on the site. The sign
must match the architectural features of the structure.— Yes
(e) Bed and breakfast establishments are prohibited in all other districts.
116 Harriett is in the permitted district.
(t) The bed and breakfast structure must be at least 100 years old or show proof of historic
significance to the city. — Qualifies by being 136 year old
Counsel Question
o If opened today could it be opened as a one bedroom?
o Is a quest room viable?
- The maximum of five bed and breakfast guestrooms may be established in a
structure. The following lot and structure criteria determine the number of
guestrooms allowed— Currently the home qualifies for one guest room,
with its current 2310 square feet. In addition the property has 20,000+
sq ft of buildable land and another 10,000 below the bluff line.
Exceeding the land requirement.
The subject property was built originally with 4 bedrooms,and the SPU
is for 3 guestrooms, the additional square feet needed for the home will
be added through an addition(see section k of the Bed and Breakfast
ordinance).
Maximum gross house size is determined by using the total square footage of habitable
living space within the structure. The number of original bedrooms in the structure will
• determine the number of guestrooms that will be allowed. This determination will be
made by the heritage preservation commission.
(g) The maximum Of ire bed and breakfast guestrooms may be estabished in a stricture.The
Mewing lot and stttUlwe size aiteria determines the number of guestrooms allowed:
Mat.Number Original Max.Gross Mat_Zoning Lot
Guestrooms Permitted Number House Size, Size in square Feet
of Not ududing basement,
bettrooms in Square Feet
1 2 Up t0 2,499 7,500
2 3 2.500-2,999 10:000
3 4 3,000-3,489 10,000
4 5 3,500--4,999 15,000
,5 6 5,000 up 246000
(g) Adequate lighting must be provided between the structure and parking areas for safety
contiguous to residential structures.
(h) Additional external lighting is prohibited.
(i) An establishment must show proof of city building,fire and planning inspections, proof of
• operation licenses by the county and must submit the state sales and use tax number for
their business to the community development department.
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Request#3. Section (k) of Ordinance 31-504. Restoration or additions must meet
the Secretary of Interior's standards for rehabilitation.
Council Question -Can people come to town and double the size of a home to open a bed
and breakfast?
a. The ordinance section(k) allows for renovation and additions.
b. 116 Harriett is not on the Federal National Historic Homes List and would not be subject
to review by the Secretary of Interiors' Standards for rehabilitation.
c. The Heritage Preservation Committee (HPC)would be responsible for reviewing and
approving all architectural plans for renovations and additions as outlined in the building
permit process.
d. As I understand the process the City Council would not play a part in the approval of
building plans or building permits as it would be the responsibility of the HPC,
e. The role of the HPC as described on the city website is to
All bed and breakfast special use permits must be reviewed annually by the community development
department. A report must be submitted to the planning commission and city council during November of
each year.
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.
. Request for a Variance to the
Ordinance Sec. 31-504. Bed and Breakfast. Section (C) Bed and breakfast uses in residential
areas must be located at least 900 feet apart(approximately three blocks).
The nearest B & B is the Aurora Staples, at.20 miles away or 1056 feet by car. From an aerial view is
slightly within the 900' buffering zone. The buffer zone crosses through the city easement,as seen
below. The Aurora Staples is situated in a separate neighborhood and does not contribute to clustering
bed and breakfasts.
The second facility is the Rivertown Inn with 9 guest rooms, is.30 miles away,or 1584 feet by car.
From an aerial view the Rivertown Inn is within 900' of the buffer zone.The eastern, unusable portion of
the 116 property is closest to the Rivertown Inn. Measuring from the useable portion, above the bluff
may push the Rivertown Inn closer to the 900' buffer zone.
This River Town Inn is on the South Hill and separated from 116 Harriett by hills, ravines and roads.
Given that the Rivertown Inn is in a separate neighborhood on the South Hill the clustering effect is not
an issue.
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While I believe the Rivertown Inn is a Stillwater Jewel, and have enjoyed staying at the Inn, I also realize
410
that The Rivertown is not in compliance with the Bed and Breakfast ordinance. The number of rooms
exceeds 5, and the property does not meet the size requirement. In addition the ordinance states that a
bed and breakfast is allowed to serve breakfast,while the Rivertown Inn also has culinary classes,
dinner, and special events. I believe this excludes the Rivertown Inn from the Bed and Breakfast
description as stated in the ordinance,and as a result I'm requesting the Rivertown Inn be not a
consideration within the Buffer zone.
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. Public Testimony
CONDITION OF HOME:
- The neighbors immediately surrounding 116 Harriet have continued to say that the home is in
deplorable condition and they've maintained the yard and property over the years.
o Compromised architecture and not appropriate for a Bed and Breakfast—Jim McKinny
o Square feet is insufficient—Jim McKinny
o Expansion of a home for a B& B is wrong—Jim McKinny,410 Rice Street
o House is not in livable condition
o Neighbors have had to keep it in working condition
o Would welcome improvements to the home and yard. Just not a B& B Owner.
CONTRACT CONCERNS:
- If the home is not renovated as a Bed and Breakfast what would happen to the home?
o Conceptually
■ The home could be left as is and sold to someone else.
■ The lots could be subdivided into four.
■ The home could be torn down and an Assisted Living or similar facility
built on the property.
. ■ The home and garage could become a rentals
■ Etc.
- Number of guest rooms allowed per the ordinance.
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- Will the Special Use Permit be transferable?
■ The SPU stays with the Owner/Manager of the Bed and Breakfast.
TRAFFIC/SAFETY CONCERNS:
- Additional Traffic caused by Bed and Breakfast.
■ Traffic would be minimal on a 3 guest room facility
- Rice Street is a Dead End and turn-a-round is difficult
■ The parking spaces would allow guest to park on the property and back out in
order to turn around. The dead end would have little effect on the guests of
the Bed and Breakfast.
- High Density of Children.There are no sidewalks in the neighborhood and Children play in the
streets and they would not want to make the kids go to their yards.
■ As a public safety measure I would recommend the children play in their
yards. Public testimony has indicated that the streets may not be safe.
- Harriet is steep and it takes lots of power to get over the incline of the road and cars come
shooting over the hill quite quickly and make for an issue for the children that are playing in the
street.
■ Change Harriet a one way road from Myrtle to Rice Street,allowing cars to go
down the hill,or South on that portion of the road. This will eliminate cars
• from shooting over and up the hill. Keep the balance of Harriet from, Rice to
Mulberry a two way street.
- We have a lot of snow,where will you put it,The roads get narrow when it snows.
■ The length of the property line that runs along Rice Street should be ample
space to place snow from the public road as well as from the property.The
snow from the new parking spaces can be pushed to the rear of the parking
spaces. The snow from the property owners on the opposite side of Rice
street have adequate space to place the snow from their own driveways.
- Uncontrolled Intersection: A stop sign is not currently at the intersection of Rice and Harriett.
o Add a stop sign at the intersection.
- Concerned about uncertain cars entering the neighborhood.
- All B& B's in Stillwater are on major thoroughfares;
o The three guestroom Lady Goodwood is situated on two dead-ends which would be
First and Willard and is located in a quiet residential neighborhood. This area would not
be considered major thoroughfare.
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o The four guestroom Cover Park Manor is situated on 58th Street North which is not a
major thoroughfare.
o The two guest room James Mulvey Englishman's Carriage is situated on 807 Harriet
Street South. This smaller Bed and Breakfast is not located on a major thoroughfare.
o The River town Inn is on the corner of Olive and 5th Street.The driveway to the River
• Town Inn is on 5th Street,and 5th street is a dead end. The eastern portion of Olive
Street is utilized by the downtown area, however closer to the top and steepest portion
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of Olive the road does not appear to be a major throughfare to visitors of Stillwater, but
serves the immediate neighborhood
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EMOTIONAL CONCERNS:
- We are a close knit neighborhood and do not want change.
• We have a couple parties a year on Rice Street in front of McKinny's for 4th of
July.
• The Character of the Neighborhood will change,
• Effect on the neighborhood
- The neighborhood is under constant pressure—Jim McKinny
• Air conditioner on City Hall
• Change in zoning for retail space next to post office
• Fearful of commercialization on bluff as an intrusion.
• - Don't want to commercialize the neighborhood.
PARKING CONCERNS
- We have not seen a business plan or parking plan.
o Two proposed plans have been presented,a draft at the Planning Commission and a
revision at the City Council Meeting.
I don't want to see the parking lot, it would be facing my home-Michelle Cherrier —418 Rice
This map shows the location of the proposed parking spaces,situated on the North side of the
property,on Rice Street. The over grown arborvitae next to the garage would be removed to
accommodate the guest parking.
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Vacant
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• View from garage looking across the street,418 Rice is to the right of the picture,separated by a
vacant lot. 418 Rice is further to the right of this property,separated by a vacant lot.
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View looking to the east from existing garage. Green space next to driveway would be the new
parking spaces. This distance is a good way away from the view of 418 Rice Street.
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• View looking across the street from new parking spaces, showing little interference with the view
of 418 Rice Street.
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Thank you for your time and consideration,
Renee Haugen
10615 Water Lily Terrace
Woodbury, MN 55129
612-723-5912
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