HomeMy WebLinkAbout2015-164 RESOLUTION NO. 2015-164
RESOLUTION ADOPTING FINDINGS OF FACT, CONCLUSIONS AND ORDER RELATED
TO A 19 LOT RESIDENTIAL PRELIMINARY PLAT AND ASSOCIATED VARIANCES,
ZONED RB:TWO FAMILY RESIDENTIAL,ALL FOR PROPERTY
LOCATED AT 1902 WILLIAMS ST N.
CASE NO.2015-22
BE IT RESOLVED by the City Council of Stillwater, Minnesota that the Finding of Fact,
Conclusions and Order related to 19 Lot Residential Preliminary Plat and Associated
Variances,Zoned RB:Two Family Residential,all for property located at 1902 Williams
St N., 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 15th day of September, 2015.
Ted Kozlowksi,Mayor
ATTEST:
/2ega;ze
Diane F.Ward,City Clerk
STATE OF MINNESOTA CITY OF STILLWATER
COUNTY OF WASHINGTON BEFORE THE CITY COUNCIL
In Re: The Application of Fairway Development, LLC (Landowner)
FINDINGS OF FACT
CONCLUSIONS AND
Case No. 2015-22 ORDER
The City Council convened the Public Hearing scheduled for 7:00 p.m. on September 1,
2015 at the Council Chambers in City Hall on the Application of Fairway Development, LLC
("Applicant") for approval of(i) a preliminary plat for 19 single family lots; and (ii) a variance
from the cul-de-sac length requirements of the City Subdivision Code in the RB, Two Family
Residential District. The matter was before the Planning Commission on August 12, 2015 when
a Public Hearing was also held. Upon conclusion of the Public Hearing,the Planning Commission
recommended denial of both requests.
At the Public Hearings,the City Council and Planning Commission considered the reports
of Bill Turnblad,City Community Development Director,testimony and exhibits submitted by the
Applicant,the Staff Report and Minutes of the Planning Commission,maps,testimony of adjacent
neighbors of the property in question, and the Planning file prepared by City Staff for the
Application.
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
berein,the City Council makes the following:
FINDINGS OF FACT
1. This site is located at 1902 North William Street and is legally described on Exhibit
"A
2. The neighborhood is known as the Dutchtown area of the City and has a variety of
home styles and lot sizes. Immediately adjacent to the east, a development of large homes on 2.5
acre lots abuts the property; on the north is the Brown's Creek State Trail and the Brown's Creek
ravine;to the west and south of the land is the Stillwater Golf Club. In this setting,the proposed
19 relatively small lots,ranging in size from 0.20 acres to 0.74 acres,are out of character with the
neighborhood.
3. The proposed development requires a variance to Chapter 32, subd. 6(3), of the
Stillwater City Code to allow for the construction of a cul-de-sac that exceeds 600 feet in length.
Measured from North 5th Street(the beginning of the single outlet street serving the property),the
length of the cul-de-sac is approximately 1, 440 feet long.
4. One of the principle reasons for establishing a maximum cul-de-sac length is related
to public safety. In general, the longer a single outlet street is, the greater the chances are that
something could block access to homes for emergency or other vehicles. Homes at the end of the
proposed cul-de-sac would be required to drive up to 1,440 feet before reaching the first
opportunity to take a second route out of the neighborhood. This is well over double the intended
distance.
5. In order to exit Dutchtown, the development's residents will travel predominantly
along Hazel Street to State Highway 95. This route includes streets that are narrower than
preferred by current Subdivision Code standards. Moreover, the steep hill on Hazel Street east
of 2nd Street crosses Brown's Creek State Trail at a blind intersection causing public safety
concerns. The increased traffic of the 19 homes exacerbates this unsafe condition.
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 a cul-de-sac length longer than the standard 600 feet with no other exit would create
a risk of harm to the public.
3. That the purpose of the design regulations is to protect the health, safety and community
welfare.
ORDER
IT IS HEREBY ORDERED
1. The variance required for the length of the cul-de-sac is hereby denied.
2. The application of preliminary plat approval is denied.
Adopted by unanimous vote of the City Council this 15th day of September, 2015.
Te ozlowski, Mayor
A EST:,
Diane F. Ward, City Clerk
Exhibit A