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HomeMy WebLinkAbout2015-03-11 CPC Packeti 1 1 a t e r 1NE OIRTNELACE OF MIMNESOTA AGENDA PLANNING COMMISSION MEETING Council Chambers, 216 Fourth Street North March 11, 2015 REGULAR MEETING 7:00 P.M. I. CALL TO ORDER II. ROLL CALL III. APPROVAL OF MINUTES 1. Possible approval of minutes of February 11, 2015 regular and recessed meeting minutes IV. OPEN FORUM - The Open Forum is a portion of the Commission meeting to address subjects which are not a part of the meeting agenda. The Chairperson may reply at the time of the statement of may give direction to staff regarding investigation of the concerns expressed. Out of respect for others in attendance, please limit your comments to 5 minutes or less. V. CONSENT AGENDA (ROLL CALL) - All items listed under the consent agenda are considered to be routine by the Planning Commission and will be enacted by one motion. There will be no separate discussion on these items unless a commission member or citizen so requests, in which event, the items will be removed from the consent agenda and considered separately. VI. PUBLIC HEARINGS - The Chairperson opens the hearing and will ask city staff to provide background on the proposed item. The Chairperson will ask for comments from the applicant, after which the Chairperson will then ask if there is anyone else who wishes to comment. Members of the public who wish to speak will be given 5 minutes and will be requested to step forward to the podium and must state their name and address. At the conclusion of all public testimony the Commission will close the public hearing and will deliberate and take action on the proposed item. 2. Case No. SUP/2015-3. Request for an amendment to a Special Use Permit for a garden shed to be located at Abrahamson s Nursery, 2100 Tower Drive - Daniel Sandager, Owner. 3. Case No. V/2015-4. Request for a Front Yard Setback variances associated with the construction of a detached garage, and proposed front porch addition to the structure, located at 404 Owens Street North - Craig Johnson Applicant 4. Case No. V/2015-5 Request for an 11.5' Front Yard Setback variance for a single car garage addition to the property located at 1015 3rd Avenue South - Kari Garratt, Owner VII. UNFINISHED BUSINESS VIII. NEW BUSINESS 5. Draft Master Trails Plan IX. OTHER ITEMS OF DISCUSSION X. ADJOURNMENT ate TOE 1I1TN►LACE OF MINNESOTA PLANNING COMMISSION MEETING MINUTES February 11, 2015 REGULAR MEETING 7:00 P.M. Chairman Kocon called the meeting to order at 7:00 p.m. Present: Chairman Kocon, Commissioners Collins, Fletcher, Hansen, Lauer, Siess, Council Representative Junker Absent: Commissioners Hade, Kelly, and Middleton Staff: City Planner Wittman APPROVAL OF MINUTES Motion by Commissioner Collins, seconded by Commissioner Fletcher, to approve the January 14, 2015 meeting minutes. All in favor, 6-0. OPEN FORUM There were no public comments. PUBLIC HEARINGS Case No. SUP/2014-39. Request to approve an 8 lot residential preliminary plat and rezoning to RA, One -Family Residential and associated variances, for property located at 13310 Boutwell Road North. Thad Rich, owner. City Planner Wittman explained that the applicant plans to develop 7.82 acres of land located at 13310 Boutwell Road, which is currently a single parcel containing one residence. A total of eight lots, to be known as Richlind, are proposed; one new lot would contain the existing residence. All lots would access Boutwell Road via a single cul-de-sac road proposed to be named Richlind Ranch. The applicant has requested approval of the following: 1) rezoning to RA One -Family Residential; 2) variances a) to the 60' wetland buffer requirement for disturbance associated with the construction of the right-of-way; b) to the 60' wetland buffer requirement for disturbance associated with the installation of storm sewer improvements; c) to the 60' wetland buffer requirement for the pre-existing structure on lot 2 to be located 55' from a wetland; d) to the 20' structure setback from a wetland buffer for the pre-existing structure on lot 2 to be located 55' from a wetland; e) to the 30' front yard setback area for lots 3-7 for a structure to be located 25' from the property line; f) to the 600' maximum cul-de-sac length for a 670' long cul-de-sac. Staff recommends approval of the following variances: 1. a 5' variance to the Wetland 1 60' wetland buffer for disturbance associated with the construction of the right-of-way; Planning Commission February 11, 2015 2. a 55' variance to the Wetland 1 60' wetland buffer and a 35' variance to the Wetland 4 60' wetland buffer for disturbance associated with the installation of storm sewer improvements; 3. a 5' variance to the 60' wetland buffer for the pre-existing structure on lot 2 to be located 55' from a wetland; 4. a 20' variance to the 20' wetland buffer setback for the pre-existing structure on lot 2 to be located 55' from a wetland; 5. a 5' variance to the 30' front yard setback for lot 1, and 3-7 for future structures to be located 25' from the property line; 6. a 557 square foot variance to the minimum lot area for lot 1 7. a 70' variance to the 600' maximum cul-de-sac length. Staff recommends approval of the preliminary plat with 13 conditions. Commissioner Fletcher asked about review of the stormwater management plan by the Middle St. Croix Water Management Organization. City Planner Wittman responded that the stormwater management plan proposed has been approved by the City Engineer. The Middle St. Croix Water Management Organization reviewed the original submission but has not yet reviewed the revised plan. The revised plan meets the conditions originally recommended by the Middle St. Croix Water Management Organization, with the exception of the 5' disturbance. Any additional conditions of the watershed organization resulting from their review of the preliminary plat will automatically become conditions of approval. Thad Rich, applicant, provided a PowerPoint presentation showing the proposal and the revisions that have been made since meeting with the watershed district and the conservation district. It was trimmed from 11 lots to 8. The development retains and maintains the wetlands. Commissioner Siess said she was surprised that there will be a Home Owners' association. Mr. Rich said the Home Owners' association was not his idea. The watershed organization wanted to have an association that monitors the wetland buffers, representing a combined effort. It will be part of the final plat. He wants to make sure the neighbors have their distance. Nothing should change for them at all. He is not trying to change the wetlands or trying to put a house right next to them. City Planner Wittman indicated she has received many phone calls and emails but no public comments were written. Chairman Kocon opened the public hearing. Allan Bergevin, 680 Wildwood Lane, stated that he is not so concerned with the houses but he would like to see that no elevations are changed. Referring to the rain gardens proposed for each individual property, he asked what if the property owner wants to create more yard and fill in the rain garden - will that create a problem? Bill Murphy, 802 Eagle Ridge Trail, pointed out that the land is not flat, it is contoured. He has no problem with the houses but is concerned about any potential elevation changes affecting the groundwater. People on Eagle Ridge Trail like himself have spent about $40,000 for water control. He predicted that lots 3-6 will have water problems. The rain gardens will not have any impact. Page 2 of 6 Planning Commission February 11, 2015 Lori Bandelin, 786 Eagle Ridge Trail, said she too is concerned about the development affecting the groundwater and how water will come up to her house. She echoed Mr. Murphy's concerns. Tom Holmstrom, 746 Wildwood Lane, asked what is the permanency of the wetland buffer areas? In years to come, would someone who builds on lot 4 be allowed to build an outbuilding on the back of his lot? Is there enough teeth to this plan that a new developer won't come in and ask for more variances? The City should include sufficient restrictions to give neighbors protections in the future. Chairman Kocon responded that anyone seeking to build will be restricted by all the regulations that are in place. If they seek another variance, neighbors will have an opportunity to be heard. Danielle Koller, 521 Boutwell Place, agreed with previous comments. She is concerned about water that runs behind her home onto neighbors' property and what will happen when that land is disturbed. She was pleased the plan was changed so as not to have a house butting up against her property but feels the development still is changing the character of the area, putting eight houses in her front yard. Steve Johnston, project engineer, explained the di minimus exception to the wetland conservation act. He said they are not planning on filling the wetland. The wetland buffer goes 5' into the right-of-way. After the street is built, it will be restored with native vegetation and be left alone, it will not be mowed. Regarding infiltration basins and ponds, they are constructing infiltration basins at the low point of the road so runoff from the front half of the homes and the roads will go into those infiltration basins and soak into the ground. In an event greater than a half inch rainfall, it will flow into the storm water system. Wetland 1 is landlocked. It will overflow but only after it rises up five to six feet. Wetland 4 flows into Wetland 2 and overflows along the property line to an outlet in the northeast corner of the site. The development will continue to use that drainage system and maintain the natural drainage throughout that conservation area. The homes are all set two to four feet above the high water level of the wetlands in the conservation area. The conservation easement is permanent. Someone will not be able to come back and request a permit to build a building in those wetland buffer areas. They are proposing one small rain garden in each backyard because it is impractical to get the water from the back half of the roof to go out to the street, so each homeowner will direct runoff from the back half into that rain garden. Chairman Kocon closed the public hearing. Commissioner Hansen asked about the area outside the wetland buffer but not designated as buildable - could a small shed or structure be built on some of those areas? He would like to make sure this issue is brought up and addressed. City Planner Wittman responded that a small shed would not be permitted to be built in the structural setback area. Any building less than 120 square feet doesn't require a building permit so the City may not be aware of it, but it would be illegal if someone put a structure in this location, within 20' from the wetland buffers. Mr. Rich stated that nothing will get built in the back. He wants to make sure neighbors are happy. Commissioner Siess stated she shares the neighbors' concerns about water. Knowing what she and her own neighbors deal with and knowing how it can change the nature of the land, she cannot approve the proposal. Page 3 of 6 Planning Commission February 11, 2015 Commissioner Collins stated he also cannot support the proposal knowing the adjustments to the land could significantly impact the neighbors. Chairman Kocon stated he has faith in the City Engineer and the watershed district - the Commission needs to serve the buyer also. Perhaps all the homes need to be constructed without traditional basements. He could support approving the preliminary plat. Commissioner Hansen stated the difficulty for him is that the Commission needs to strike a balance. The property owner has gone to great lengths to compromise to get a plan that works. The City Engineer and Planner are comfortable with the plan. The water management organization's conditions will be part of the approval. Depending on how the homes are built, they could potentially have water issues. He supports the proposal because he feels a compromise has been met. He cannot see another way that this land could be built upon. Commissioner Fletcher noted it comes down to the confidence you have in the water management organization and the protections that are in place. If the preliminary plat meets the rules and the Commission agrees with the variances, then they should approve it. Commissioner Siess remarked it would be interesting to know how many people in this area have had water problems. Motion by Commissioner Hansen, seconded by Commissioner Fletcher, to recommend approval of rezoning to RA One -Family Residential, the variances and preliminary plat, with the following conditions. 1. The site shall be developed in substantial conformance with the 1/30/2015 Preliminary Plat Resubmittal plan and the 2/11/15 Wetland Site Plan set on file with the Community Development Department, except as may be modified by the conditions herein or variances denied. 2. The variances and rezoning will not take effect until the final plat is approved by the City Council. 3. A total of 433 square feet of Wetland 1 and 544 square feet of Wetland 4 are recognized as a di minimus. No wetland fill shall occur. 4. Storm ponds should be designed to reflect the new rainfall data from National Weather Service Atlas 14. 5. The amended Preliminary Plat shall be reviewed by the Middle St. Croix Watershed Management Organization prior to the submittal of the Preliminary Plat to the City Council. WMO recommended conditions will be incorporated by reference into this approval. 6. All electrical and communications utility lines shall be buried. This shall be specified in the plans submitted for final plat approval. 7. All of the stormwater infiltration ponds and basins must be privately maintained. A Home Owners' Association will be ;required, as will associated maintenance documents that will have to be filed in chain of title. These must be submitted to the City for approval of form and content together with final plat application materials. 8. Civil engineering plans submitted with final plat application materials must be consistent with the City Engineer comments found in this report, and the plans must be found satisfactory to the City Engineer. 9. Conservation easements for all lots will be required to be filed with the final plat for all wetlands and wetland buffer areas. These must be submitted to the City for approval of form and content together with final plat application materials. There shall be no building in non-contiguous rear yard areas. 10. Home Owners' Association documents including stormwater facilities maintenance must be submitted with final plat application for approval by the City. When approved by the City they must be filed together with the final plat. Page 4 of 6 Planning Commission February 11, 2015 11. This development will be responsible for paying $2,500 per lot to the City for park and trail dedication fees. These fees may be reduced by crediting trail construction costs if found acceptable to the Park Commission and City Council and thereafter included in the Development Agreement associated with this plat. These fees will be due prior to release of the final plat from the City for recording with Washington County. 12. This development shall be responsible for paying 2015 development impact fees including the Transportation Adequacy/Mitigation Fee, the AUAR fee and trunk sewer and water fees. These fees shall be due prior to release of the final plat for recording with Washington County. 13. Pruning and grading near any of the oak trees to be saved, especially the red oak, shall not occur between April 15 and July 1, unless a professional forester has prepared an oak impact plan that is approved by the City in advance of work on the site. Motion passed 4-2, with Commissioners Siess and Collins voting nay. Case No. SUP/2015-2. Request for a Special Use Permit for a drive through and outdoor eating area associated with a new outlot to be located next to Valley Ridge Mall, 1240-1570 West Frontage Road. Jesse Hammer, applicant and Kriss Novak, owner. City Planner Wittman summarized the request. The applicant is proposing a drive through and outdoor eating area in conjunction with a new Dairy Queen Grill & Chill to be located next to Valley Ridge Mall. Staff recommends approval with seven conditions. Chairman Kocon opened the public hearing. Property owner Kriss Novak noted that they will have less impervious surface when done. They are in agreement with the watershed district on how to handle water on the site. Chairman Kocon closed the public hearing. Motion by Commissioner Siess, seconded by Commissioner Fletcher, to approve the Special Use Permit with the following conditions: 1. A trash enclosure shall be constructed prior to the Dairy Queen receiving a Certificate of Occupancy. 2. If cooperative trash facilities are proposed, an agreement between owners of the Dairy Queen and Valley Ridge Mall shall be submitted to the Community Development Department for review and approval. The agreement shall include a site location plan of the proposed cooperative trash facilities and all enclosure material specifications. 3. All existing and future trash receptacles shall be stored inside the building or in the proposed trash enclosure at all times with the exception of the day of trash collection. 4. Conditions of a HPC-issued Design Permit shall be incorporated into this Special Use Permit by reference. 5. A drainage plan found acceptable to the City Engineer shall be submitted and approved prior to the release of the building permit. 6. Plans and the use will need to be approved by the engineering, fire and building officials before the issuance of a building permit. 7. 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. All in favor, 6-0. Page 5 of 6 Planning Commission February 11, 2015 OTHER BUSINESS There was no other business. FYI Boom Site Invitation City Planner Wittman reminded the Commission of a Friends of the St. Croix Boom Site meeting to be held on February 24. The meeting is to gather input for the Department of Natural Resources on the future of the boom site. ADJOURNMENT Motion by Commissioner Fletcher, seconded by Commissioner Siess, to adjourn the meeting at 8:55 p.m. All in favor, 6-0. Respectfully Submitted, Julie Kink Recording Secretary Page 6 of 6 PLANNING COMMISSION MEETING DATE: March 11, 2015 CASE NO.: 2015-3 APPLICANT: Dan Sandager, representing Stillwater Estates, property owner REQUEST: Request for Special Use Permit for a movable office to be located in the nursery yard of Abrahamson's Nursery, 2100 Tower Drive ZONING: BP-O: Business Park Office COMP PLAN DISTRICT: Commercial PREPARED BY: Abbi Jo Wittman, City Planner REQUEST The applicant is requesting a Special Use Permit for a 384 square foot movable office structure to be located at 2100 Tower Drive. The structure will be utilized as a sales and design office. Proposed to be located in the NW quadrant of the property, the structure is designed to be moved on the property as landscaping and sales areas evolve. The structure received design review approval from the Heritage Preservation Commission on March 2, 2015. APPLICABLE REGULATIONS AND REGULATIONS Section 31-325 allows outside sales by Special Use Permit in Abrahamson Nur serroes. a,^I&rdgca� dJirgn `'aridrntl8�Hai9Dn Irrns the Business Park - Office Zoning District. Section 31-207 establishes the review standards for Special Use Permits: 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. In review of the application, staff has determined the structure conforms to the requirements and intent of the zoning code if the provisions of the Design Review Permit are met. Comprehensive Plan Chapter 6, Local Economy, indicates an objective of supporting business expansion. The proposed drive through and outdoor eating area are not contradictory to the Comprehensive Plan. This use is consistent with the Future Land Use Map identifying this property as having commercial use in 2030. Any additional conditions necessary for the public interest have been imposed or use and/or structure will not constitute a nuisance or be detrimental to the public welfare of the community. The additional structure at this location will not be a nuisance or be detrimental to the public welfare of the community. ALTERNATIVES AND RECOMMENDATION The Commission has the following options: 1. Approve the amended Special Use Permits with or without conditions. If the Commission would like to approve the Case No. 2015-3 with conditions, staff would recommend the following: a. Plans shall be done in conformance with the plans on file with the Community Development Department Case No. 2015-3. b. Conditions of a HPC issued Design Permit shall be incorporated into this Special Use Permit by reference. c. Plans and the use will need to be approved by the engineering, fire and building officials before the issuance of a building permit. d. 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. 2. Determine that the proposed events center is not consistent with the Special Use Permit provisions or the Comprehensive Plan and deny the Special Use Permit. CPC 3-11-15 (2015-3) 2100 Tower Drive Page 2 of 3 3. Table the application requesting more information be brought back before the Commission at their March 11, 2015 meeting. ATTACHMENTS Site Location Map Narrative Request Aerial Image Sales Yard Site Plan Exterior Facade Construction Plans CPC 3-11-15 (2015-3) 2100 Tower Drive Page 3 of 3 Proposed location of temporary structure The Birthplace of Minnesota Site Location Map 2100 Tower Drive Municipal Boundary Parcel Boundaries 0 165 330 660 Feet 1'71 ;14 'ILIPH11111,1 ,A-71 ill Ili 'Ira AlIPATIO in miiril 47:114b.". .. ''--.111-1;711111,11111v u u ./. pa)stuiii giro. iii o. Ea= ==INIEW` now ori i2 rwirZw =mg Amid rilm Wolff P-1110 lowompis r ----,,, Al n ,Airr,- LB .. ..> ...,,,.41 .„..,,...5,,,.. _A. ..".... ,,,,,,,,,,,,,, rat,: itt 4' cip ... tur& A, From: Dan Sandager To: Stillwater Planning Commission Regarding: Special Use Amendment We would like to build a small 24' x 16' frame building that will be located in our garden center display area. The purpose of this garden shed appearing building is to enhance the appearance of our outside sales area and to give us more seasonal office space. It is not planned, or big enough, to be used for retail sales. The exterior and landscaping is designed to be compatible with the style of the main store and greenhouse, with matching paint and trim colors. The location in our display area makes it hard to see from the street, or the neighboring properties. This building will not change any of our existing business operations. 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Lu ujo CO U � U -J J -J ZO o � m wOz w cc u_ Oz z O .� o w ¢ Q w tea.. od z co coon a �W ct o> '-'z 00 u_ U u1 li► 0 O N z 1.-1- , w O co N0 Z z- w � wz 0a 2 w Y Ob 1< cc 0w O O_ Q w uj w O 11.1 z w J J J z d < Q 2-3 m CO z 111 O w w M 15-1094-J M Abrahamson PLANNING COMMISSION DATE: March 11, 2015 CASE NO.: 2015-4 APPLICANT: Craig Johnson, applicant, representing EZ Home Solutions, property owner REQUEST: Consideration of Front Yard Setback variances associated with the construction of a detached garage, and proposed front porch addition to the structure, located at 404 Owens Street North ZONING: RB: One Family COMP PLAN DISTRICT: LMDR: Low/Medium Density PREPARED BY: Abbi Jo Wittman, City Planner REQUEST Craig Johnson, representing EZ Home Solutions, has applied for variances to make certain improvements to the property located at 404 Owens Street North. The improvements include adding a front porch to the east side of the residence and a new two -stall garage in the rear yard of the property. VARIANCES REQUESTED The applicant is requesting the following variances: • A 12' variance to the 20' single-family residence Front Yard Setback (adjacent to the Owens Street right-of-way) for the addition of a covered porch. o If granted, the porch would be approximately 8' from the east property line and 19' from Owens Street. • A 16' variance to the 20' single-family residence Front Yard Setback (adjacent to the Linden Street right-of-way) for the addition of a covered porch. o If granted, the porch would be flush with the existing south facade, approximately 4' from the south property line and 13' from Owens Street. • A 7' variance to the 30' garage Front Yard Setback line for the construction of a new two - car garage. o If granted, the garage would be 23' from the property line and 30' from the Linden Street. APPLICABLE REGULATIONS AND STANDARDS The purpose of the variance is to "...allow variation from the strict application of the terms of the zoning code where the literal enforcement...would cause practical difficulties for the landowner." In addition to the requirements, below, Section 31-208 indicates "[n]onconforming uses or neighboring lands, structures or buildings in the same district or other districts may not be considered grounds for issuance of a variance" and "...a previous variance must not be considered to have set a precedent for the granting of further variances. Each case must be considered on its merits." 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 and restrict use of land for the protection of public health, safety and welfare. The purpose a front yard setback is to maintain an open, unoccupied and uniform space for aesthetic and environmental benefits. While a uniform front yard would exist if the variance was granted, the variance would reduce the front yard of the property, leaving less than 20' of open space in this area. The variance is consistent with the comprehensive plan. No application elements are contradictory to the Comprehensive Plan. The applicant for the variance establishes that there are practical difficulties in complying with this chapter. "Practical difficulties," as use in connection with the granting of a variance, means that all of the following must be found to apply: The property owner proposes to use the land in a reasonable manner for a use permitted in the zone where the land is located, but the proposal is not permitted by other official controls; The proposal of a two -car garage in the rear of the property is reasonable. No other reasonable alternatives exist for the location of a garage on this property. While the proposal of a covered porch addition may be considered reasonable, a (nearly) 300 square foot addition is not reasonable. The plight of the landowner is due to circumstances unique to the property and that are not created by the landowner; and The uniqueness for the garage is that corner lots in Stillwater must abide by the Front Yard Setback provisions. While corner lots are not unique, the 50' wide lot in this location is. If the Front Yard Setback was strictly applied, a garage could not be longer than 17', approximately 2' longer than the average American car. It is the preference of the property owner to add a porch to the front of the structure to add curb appeal. When coupled with the owner's intent to sell the structure after the remodel, it appears the request has been made for potential financial gain. While it could be considered unique that this is one of the few homes on this block that does not have a front porch, there are many simple facade structures in this north hill neighborhood. CPC 3-11-15 (Case 2015-4) 404 Owens Street North Page 2 of 3 The variance, if granted, will not alter the essential character of the locality. The essential character of the neighborhood will not be significantly altered by the granting of this variance. ALTERNATIVES, FINDINGS AND RECOMMENDATION The Planning Commission has the following options: 1. Approve the variances, with or without conditions. The Planning Commission may impose 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. If the Commission were to find practical difficulties do exist for the property owner, staff would recommend the following conditions: • Variances granted shall include all stairs and landings required for access. Stairs, landings other means of access shall not be permitted to be built further into the setback area. • Plans shall be substantially similar to those on file with the Community Development Department's Case No. 2015-4; and • A grading plan shall be reviewed and approved by the Engineering Department prior to the issuance of a building permit or approval of an amendment to an existing building permit; and • A building permit, or an amendment to an existing building permit, shall be reviewed and approved prior to exterior alterations; and • Major exterior modifications to the variance permit request shall be reviewed by the Planning Commission as per Section 31-204, Subd. 7. 2. Make the findings practical difficulties have not been established and deny the variance. 3. Table the application and request additional information. On the basis the application is in harmony and intent of the zoning ordinance, consistent with the comprehensive plan and the applicant has established practical difficulty, staff recommends conditional approval of a 7' variance to the 30' garage Front Yard Setback line on Linden Street for the construction of a new two -car garage. On the basis the application has not established practical difficulty, staff recommends denial of a 12' variance to the Owens Street Front Yard Setback line and a 16' variance to the Linden Street Front Yard Setback for the construction of a front porch. ATTACHMENTS Site Location Map Narrative Request Existing Site Plan Proposed Site Plan Proposed Floor Plans Exterior Elevations Proposed Garage CPC 3-11-15 (Case 2015-4) 404 Owens Street North Page 3 of 3 The Birthplace of Minnesota Site Location Map 404 Owens Street North .0. - Municipal Boundary Parcel Boundaries 0 65 130 ee 010n IU -7 260 Feet ■ 1 II I.. 11111 111111111; ynn.. mnn11 7 dui►41 '111111- IIIII111 ■1111111 /111111111 1111111111111 11111111 11111111 ■II11I1111 n.- I.= � 11 111111 !IIIIII 1111 1 J- 1 ■i u1 ij.:=. II. III M! I 1111 MUM i =- .. ,r m J BEi -ii NMI 1111I = 1111 III Ii1111 EE 11111! 11111111: 11■111111 I`1 MEE1 111111 :r 111111111 1111111 ■111111 EMI= 1111111/ I.� L .,. .i. 1 11 11111 :1 I11 IU II 111: -. is • 1111 ... MIN EMI 1111 Y EZ Home Solutions Craig Johnson 2595 Hamline Ave N Roseville, MN 55113 February 20, 2015 Community Development Department City of Stillwater 216 North Fourth Street Stillwater, MN 55082 To whom it may concern, Please review our application for variances on 404 Owens Street N. Currently the home sets on the corner of Linden and Owens. We have purchased this home to remodel and put back on the market. After reviewing the current zoning and building codes we have come across the following issues. The first issue is the face of the building has no curb appeal and does not match the other homes in the neighborhood. Our plan is to add an open porch to the front of the home. This will make the home look similar to others and give it a much needed face lift. We are asking that you change the set back code so that we will be able to come out as far as the adjacent homes porch. The second problem is that the current garage is built on the cities right way and is approximately six feet off the street. We have thought about lifting the structure and adding a new foundation, siding, roofing and adding to the depth only and just keeping the garage where it is. After measuring and planning for that we released that we would be cutting the back yard in half and we believe that it would be an eye sore for the current residences. Our plan if approved is to build a two stall garage in the far back corner. Because this is a corner lot we are not able to meet the current set back rules. We do feel that with the garage in the back corner it will make the home be more normal to the current neighborhood. Sincerely, Craig Johnson C>OE ,0 :5 SIV-21-eT j4 p LJ c T ST <J4 3 .- ,4 as' Co (01 EU. EEC A Gas 1- 1 71 C414N& - • &RRijn.)ca salAJO Liuv9- ®e- ,0 1% C©44,T Rbt>rn aisE as68 a-s Lb L)Ui J R \. C-I 0 10 a76? 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PLANNING COMMISSION DATE: March 11, 2015 CASE NO.: 2015-5 APPLICANT: Kari Garratt, property owner REQUEST: Consideration of 11.5' Front Yard Setback variance for a single car garage addition to the property located at 1015 3rd Avenue South ZONING: RB: One Family COMP PLAN DISTRICT: LMDR: Low/Medium Density PREPARED BY: Abbi Jo Wittman, City Planner REQUEST Kari Garratt has applied for an 11.5' Front Yard Setback variance for a single car garage addition to the property located at 1015 3rd Avenue South. If approved, the garage would be located 18.5' from the western property line. APPLICABLE REGULATIONS AND STANDARDS The purpose of the variance is to "...allow variation from the strict application of the terms of the zoning code where the literal enforcement...would cause practical difficulties for the landowner." In addition to the requirements, below, Section 31-208 indicates "[n]onconforming uses or neighboring lands, structures or buildings in the same district or other districts may not be considered grounds for issuance of a variance" and "...a previous variance must not be considered to have set a precedent for the granting of further variances. Each case must be considered on its merits." 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 and restrict use of land for the protection of public health, safety and welfare. The purpose a front yard setback is to maintain an open, unoccupied and uniform space for aesthetic and environmental benefits. If approved, the variance would reduce the front yard of the property. While this would be consistent with the property to the north (where the front yard space is predominantly on public right-of-way), the house would not be consistently set back as other homes on this streetscape. The variance is consistent with the comprehensive plan. No application elements are contradictory to the Comprehensive Plan. The applicant for the variance establishes that there are practical difficulties in complying with this chapter. "Practical difficulties," as use in connection with the granting of a variance, means that all of the following must be found to apply: The property owner proposes to use the land in a reasonable manner for a use permitted in the zone where the land is located, but the proposal is not permitted by other official controls; A garage on this property is reasonable. As such, the existing garage was approved through the standard building permit process in 1987. However, other reasonable alternatives for a garage addition exist: a 15' addition could be added to the north of the garage or an addition could be placed to the south of the garage and be in conformance with all applicable zoning code provisions. The plight of the landowner is due to circumstances unique to the property and that are not created by the landowner; and It is the preference of the property owner to place the additional stall on the west side of the garage, not in conformance with the zoning regulations. While there is approximately 60' between the existing garage and the right- of-way, creating a unique situated, this is not necessarily unique to the property. Many roads in the community have not been constructed in a fashion that is centered on the platted right-of-way land. The variance, if granted, will not alter the essential character of the locality. The essential character of the neighborhood will not be significantly altered by the granting of this variance. ALTERNATIVES, FINDINGS AND RECOMMENDATION The Planning Commission has the following options: 1. Approve the variance, with or without conditions. The Planning Commission may impose 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. If the Commission were to find practical difficulties do exist for the property owner, staff would recommend the following conditions: • Plans shall be substantially similar to those on file with the Community Development Department's Case No. 2015-5; and • A grading plan shall be reviewed and approved by the Engineering Department prior to the issuance of a building permit or approval of an amendment to an existing building permit; and CPC 3-11-15 (2015-5) 1015 3rd Ave. So. Page 2 of 3 • A building permit, or an amendment to an existing building permit, shall be reviewed and approved prior to exterior alterations; and • Major exterior modifications to the variance permit request shall be reviewed by the Planning Commission as per Section 31-204, Subd. 7. 2. Make the findings practical difficulties have not been established and deny the variance. 3. Table the application and request additional information. Staff finds practical difficulties do not exist as zoning regulations may be able to be met with other reasonable alternatives and there is no uniqueness to the property necessitating the variance. Therefore, staff recommends denial of an 11.5' variance to the Front Yard Setback for a single car garage addition. ATTACHMENTS Site Location Map Narrative Request Existing Conditions Proposed Addition Landscape Plan South & West Elevations Letter of Support CPC 3-11-15 (2015-5) 1015 3rd Ave. So. Page 3 of 3 915 i 914 t • . •�` 317 918 i 92'0 903_,L Sjri11\2va N- 910 14 923 926 • `` 924 916 927 fr,d 925 1 923 `•` The Birthplace of Minnesota 932 \ 931 • 936 936 924 935 935 518 937 1614 ` •, Site Location Map ` 928 E-AeT t 1002 1003 1004 liLl 1005 1002 1001 ;tom `.` 1015 3rd Avenue South LiJ ' : ? Parcel Boundaries 1010 1009 1008 >1006 1005 1010 • +""- Municipal Boundary 1009 • • 1016 1015 1016 i 1015 1014 1015 ;� `•`` 1019 i 1019 1017 LJ •` 1022 N 1102 1101 hl� 1024 1023 1019 1014 i Q 1029 ,���� ' 1106 t" 0 W E 1105 1030 1032 - 608 618 t , I 1112 1113 1036 506 518 t ' 0 87.5 175 350 Feet i DD tl Vd I as 311 ®®®t 1 li tie--;dtie--; ttzkim _.: ��ilirrtiY. 0 _ - 1 ® ®®®� . e { . S . ®®I®® M T 17.1 .12 , 1---F _ L _ �. JIIA � j1 � y,u� ( f I®®i\` IIII ' ` 1342 1 1326 '`-r j 1325 Community Development Department City of Stillwater 216 North Fourth Street Stillwater, MN 55082 Re: Presentation of renovation plan and request for residential building variance Dear Board members: We purchased a residential property at 1015 Third Ave South, Stillwater, MN last year, and are embarking on a large renovation project intended to beautify and enhance the home. We're presenting the overall plan to the Board for approval, and requesting a building variance regarding the setback limit of the property from the existing road. A comprehensive renovation plan was developed by Sala architects. The goal is to develop an updated, more functional and attractive home with characteristics suited to the riverfront location. As a part of this plan, construction of an additional garage stall is desired. This additional stall: 1. Is an important component of the architectural design developed by Sala 2. Would accommodate currently owned vehicles and be suitable for future nuclear or extended families 3. Would still permit parking of vehicles off Third Ave South, a relatively narrow, short cul-de-sac 4. Would allow a 1,117 sq. ft. reduction in concrete surface area through a redesign of the driveway 5. Would reduce the driveway entrance to comply with the 16' regulation. Our home lies on the east side of 3rd Ave South. The western edge of the new construction would be greater than 30 feet from the eastern edge of the existing road, and so would comply with setback regulations. However, a discrepancy exists between the platted location and the actual location of Third Avenue South: the platted road exists on monument documents approximately 26 feet closer to the bluff than the actual road. The proposed new construction would be less than 30 feet from the eastern edge of the platted road. This is a unique feature of our property, one that was unknown to us when we purchased the house and began renovation plans. Homes are developed on the lots to our north and south. The St Croix River bluff lies to our east. We cannot make the desired change by building in any direction except west. A land survey done May, 2014 by Mr. Barry Stack showed that neighboring homes have setbacks of less than 30 feet from the platted road (although they're more than 30 feet from the actual road). Our proposed addition would be further back from the actual road than existing structures to our immediate north and south. We've reviewed the plans with all neighbors within 350 feet and they have no objections. We believe the proposed addition will enhance the beauty of our neighborhood and is good for the community. We respectfully request permission from the Board to grant the 11'6" variance to go forward with the proposed construction. %SHEET / OF Z SHEETS .TAN. w %/1ZlYffl7<E /P/N! r<Ev GtCE57 mot = E<. 807.5E 6c Date: .5%20- Z©/¢' I Hereby Certify that this survey plan or report was prepared by me or under my direct supervision and that I am a duly Licensed Land Surveyor under the Laws of the State of vvl Minne/soota...� . .X�""""' L." Barrett M. Stack, Lic. Land Surveyor Minnesota License Number 13774 Fmo //z "4R/989 OvjdgUE S7;ece r .e sAsr JINr. OF / / ./ J4 / _ o 57 / �l 15.3 K Stack Land Surveying 9090 No. Fairy Falls Road Stillwater, MN 55082 tel: (651) 439-5630 30.57_ %At • mm� to B/T, fgl-T, az,¢ ti 11Esc. so. `as 02, tra.4/7"7//V »,nF A/o. /4/5 et15( N7e1° z 5 °1 \o s EpT�pl� �i CERTIFICATE OF SURVEY JEiy. of 7z- PART OF HERSEY, STAPLES '& CO'S ADD., ogO_s2 WASHINGTON COUNTY, MINNESOTA Survey Made For: 11 1 1 0 Kari Garratt Kirk Garratt 1015 Third Avenue South Stillwater, MN 55082 Notes: Bearing -;system is an assumed datum. o Indicates #13774 iron pipe set. • Indicates iron found as noted. "M." Indicates field -measured value. "R." Indicates recorded value. Contours shown are based on NGVD 1929 adj. datum and were obtained from:the planning dept. of Wash. Co.. These contours were spot checked. Spot Elevations shown are based on field survey data. (Ind. Thus: 14.9 = 814.9) " Indicates a 1' X 1' Storm Sewer Grate found in place. Location and grade of any underground storm piping is not known. Survey line shown between existing San. Manholes does not indicate the location of sanitary sewer piping. No mapping or as - built data concerning the grades or loc. of sanitary sewers was available from the City of Stillwater. No public water service is currently inplace in Third Avve South. Water service to the Garratt dwelling is presently supplied, by a private well. EXISTING PARCEL DESCRIPTION: See copy of "EXHIBIT A" as att. The location or character of all prior and current utilities that serve the Garratt home'are not' known by.Stack Land Surveying and were not located in conjunction with this survey, unless shown. "---LS---" Indicates approx. loc. of Landscape Areas. " BW " Indicates the location of Block Walls 1'± wide of varying heights above ground. l co Ca tzgi Existing Parcel Overall Parcel Area E'ly of Bluffline *Area W'ly of Bluffline 2i :E/N✓E OF GLAT7E.0 ` er OF ,aeoce r Areas: Area = 25,900 = 4,711 EXISTING IMPREVIOUS AREA SUMMARY: sq. sq. 19.74% of *Area Walks, Driveway, Walls Shed = 3i362 Hsq. ft. or 15.86% of *Area Exiating Impervious Area 6,7'1y of Bluffline is Atka tram/Fvv. z e< 5 Bor�K r72 O.a-c,as /&s 2/ li775„ 07.6 5 F�/O 'Z 2, re? /%9RKE0 Avez'',ees /3775" 1:Pa.44) 6/9,e,GE ..sAN. / A'H.7Ze /f'iM th6f/ net57 SDI = Er. BaT, 58 09.6 ‘6 (I k i of .¢ SAN ,e%/NN°Le ,M £es v % S,vE = 8/7. a3 C6 Date: Z-09-ZC/,5 I Hereby Certify that this survey plan or report was prepared by me or under my direct supervision and that I am a duly Licensed Land Surveyor under the ays of the State of Yinesota. zir Barrett M. Stack, Lic. Land Surveyor Minnesota License Number 13774 AS/ wSa' .e/ri CSToflresY Errs/iv o Dp N /5.5 Stack Land Surveying 9090 No. Fairy Falls Road Stillwater, MN 55082 tel: (651) 439-5630 Top 044,4 a9.B /0,07.7 240 Sr,F 16,6 ExCEPr/a/v e 6 tc5T /1 Sg.7OS6'2/'2V Seine tL. B07. S't A/En' EvrCt- //S fi✓O Z '/,/7I.PKBO .4>YEz ',e 5 /877c" 1.©GdO\ ".4.) 647,eAG4 N ` CRYLN 6.rxw 4s fee �s9.P 4/ytz - , 7 :a tv z5 f\ Walks, Driveway & Walls .SHEET 2 Of 2 .SHEETS CERTIFICATE OF SURVEY PART OF HERSEY, STAPLES & CO'S ADD., ZA SHINGTON COUNTY, MINNESOTA Survey Made For: Kari Garrett Kirk Garratt 1015 Third Avenue South Stillwater, MN 55082 Notes: Bearing system is an assumed datum. o Indicates #13774 iron pipe set. • Indicates iron found as noted- "M," Indicates field measured value. "R." Indicates recorded value. Contours shown are based on NGVD 1929 adj. datum and were obtained from.the planning dept. of Wash. Co. These contours were spot checked. Spot Elevations shown are based on field survey data. (Ind. Thus: 14.9 = 814.9) " 14" Indicates a 1' X 1' Storm Sewer Grate found in place. Location and grade of any underground storm piping is not known. Survey line shown between existing San. Manholes does not indicate the location of sanitary sewer piping. No mapping or as - built data concerning the grades or loc. of sanitary sewers was available from the City of Stillwater. No public water service is currently inplace in Third Avve South. Water service to the Garratt dwelling is presently supplied by a private well. EXISTING PARCEL DESCRIPTION: See copy of "EXHIBIT A" as att. The location or character of all prior and current utilities that serve the Garratt home are"not` known by.Stack Land Surveying and were not located in conjunction with this survey, unless shown. "---LS---"-Indicates approx. loc. of Landscape Areas. " BW " Indicates the location of Block Walls l'± wide of varying heights above ground. .4 y h E2n /, 4'E of 62v-P4 F 7EL' F-Aier OF aoce /2, Existing Parcel Areas: Overall Parcel Area = 25,900 sq. ft. Area E'ly of Bluffline = 4,711 sq. ft. *Area Wily of Bluffline = 2:1,189 sq ft. EXISTING IMPREVIOUS AREA SUMMARY: House/Gar., Front Steps & Shed = 4267 sq. Ft. or 20.145 of *Area = 3a77"sq. ft. or 15.47% of *Area Existing Impervious Area W'ly of Bluffline is 7,544 sq. ft. or 35.60% o Area. (21,189 sq, ft.) February 2, 2015 - Revision Notes: Added Proposed new Driveway, Front Steps, and Garage Addition: (per proposed sketch and grades as supplied by Landscape Renovations, dated PROPOSED REVISED IMPERVIOUS AREA SUMMARY Exist; House, Rev. Front Steps, New Garage Stall and Shed: = 45599sq. fof *Area (21189 Sq. Remaining Existing Walks, New Walks, New Driveway, New Front Patio Areas and Misc. new and exist, walls: (3.-26-2015) 3937 sq. ft. or 18.58% of *Area: (21189 sq. ft.) Proposed Impervious Area wily of Bluffline is 8491 sq. ft. or 40.07% of *Area: (21189 sq. ft) Drainse and New.Driveway Plan Note: See Proposed Drainage and Grading plan as prepared by others. Depth of Ledgerock on site and the Location of an abandoned Mound Septic System is not known by Stack Land Surveying as of 2-2-2015. These elements may conflict with the Construction of the New Driveway and Drainage Plan as shown hereon or proposed by others. The New Driveway and New Walk and Patio Areas are based onspecific, calculated locations. If any design revisions are made to any of these locations the Revised Impervious Areas, as shown hereon, will be impacted. See Sheet 1 of 2 Sheets for details of existing inplace improvements. .0. f.1,1p,st:LPE Cc:114:EF'T KAZIOVATIOND .... • cerm•mrtne.mor, „ 5 04_,,,) szi w w 0A-t-CN JviG,) -t --hz) tvArCU )(t L4C, t),VV1\14.“Q.6 C WIND VV 17tV - 2x/t \,/c/&.)1) LL L y-LA-t V41-,‘ Vvz,24) „IcA ,J Li, t Ni V\/.44 NLL4, 1„, tivo 0 14 " 2x 2 W.do 2)< 4 NW , AM, t-4 F.s. CDAr Wz••,)D CAr 'P('-) L C, A 1-4 Y 0 \t\izLp rA-tcH i''f-tP — As r,of, \iv(NDv,i 1\1/-)—i- A Ji4 \1.1Z Lacirh4Ni L S 1-h NGA, 4AAAta4 1. _ •1-1-1,14dr\ WN,Dv4,471tit \tv C Lf-VeL c C10,\NLSfAC WNNC, '1')N1 ) tIN& 0 IN G. WALL 011111100.......100011111, VIMo. )\1 'NV c'HINALc, AA,AiCi4 r e NW )4tW MtLSoffvt -f-AcoN 4-4 MA-C- f)A-f•c-( *)<tt,ID, \t,44D S1,1)1N16. ivwx-fck )(1`)-t', Vvzzli) ;1./\\/ f-LA-t ("VP w r-x1C0‘2 4.14. PT cJr,e MtL N') \Nz4t) @ ).tyv CC. N. New C4Nc, 0 Nir:vv WNCk wALL 6.AE-3 fL4r. L v C It• \ici r A C C ts,1 CA C C 4 )\1EW ,ktAt-A;SJS 44 mA-tCP, LtINJ• WU-41)4w \Aff©, A 0-t5 ,k)D 176,„•E e DovosilS,reQ4,- pA,51Dr- C vvi1,6,L IkA c (.4 A 7g. 40.1. tizi!c.„6.-Hors,1 VA,LvE \51br) (P--)--[. c X "Ci•-k-tWA,LoK" 1\1\n/ A4f 4-P6.L D,DKNol5rzo (i_gC9 W4 -ir&IAA v SA L SALA ARCHITECTS SALAARC,COM MINNEAPOUS T 612.379,3037 F 612,379.0001 324 E riENNENN AvE 9200 miNNEAPOUS, mN 55414 STILLWATER T 651.351.0961 F 651..351,7:327 904 50uT.34 4TH STREfT STELLWAM, MN 55082 These down:eats ore iperetottets of see. V:C. anti oesuch terooin the property of SALA Aichttects, Inc. Use of publication requites 'writsco opprowit fro. SALA Architects, tee. Nmber: Project Architect: DrEwn By: . • Dote of issue: 4 4 ' 3 5 • Sheet No. Kari & Kirk Garratt 1015 3rd Ave. S. Stillwater, MN 55082 February 14, 2015 RE: Garratt home renovation project Dear Council members: This letter is provided in support of the home renovation at 1015 3rd Avenue South, Stillwater, MN. The families listed below reside in properties adjacent to the home, and represent all other homes occupied on Third Avenue South. One additional property (1001 3rd Avenue South) is unoccupied currently and is listed for sale. All families have reviewed the design plans and have no objections to them. The signatures below indicate the support of the neighbors for the planned renovation. We have reviewed renovation plans for the property at 1015 3rd Avenue South, Stillwater, MN and approve of the plans. Owen and Anita Carter 1029 3rd Avenue South Stillwater, MN William and Jodi Dafeil 936 3rd Avenue South Stillwater, MN (414-'4' /77 61 4:tit.) City of Stillwater Trails Master Plan Date: March 11, 2015 To: Planning Commission Bill Turnblad, Community Development Director Abbi Wittman, City Planner From: Melissa Douglas, Planning Consultant Re: City of Stillwater Draft Trails Master Plan Update At the Commission's March meeting, we will review the first complete draft of the updated Trails Master Plan for the city. Electronic copies of the draft plan will be provided to you Friday, March 6th, and paper copies will be mailed to you the same day for your review before next week's meeting. The information in the draft plan is the culmination of your efforts and the input of city staff, the Parks Commission and the City Council over the last year. The draft updates the existing Comprehensive Trail Plan to: • Recognize changing conditions and resulting needs and opportunities. • Outline a new bicycle facility network for the community. • Continue to improve pedestrian connections. • Document specific corridor and other unique needs. • Address maintenance requirements. • Promote awareness of the city's trail system and amenities. The information in this draft was reviewed and discussed by the Commission at prior meetings and workshops. The implementation section summarizes the action items from the plan, so please review carefully and give consideration to priorities so we can discuss at the Commission meeting. I look forward to reviewing the draft plan with you and receiving your suggestions for additions and improvements. If you have any questions that you would like to ask prior to the meeting, you are welcome to contact me via e-mail at mldouglas a(,comcast.net or at 651-894-3376. Thank you again for all your hard work on this project.