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Home My WebLink About2016-08-10 CPC Packet - Correctedi 1 1 at r THE IIRTMPLA CE OF MIMMESOTA AGENDA PLANNING COMMISSION MEETING Council Chambers, 216 Fourth Street North August 10, 2016 REGULAR MEETING 7:00 P.M. I. CALL TO ORDER II. ROLL CALL III. APPROVAL OF MINUTES 1. Possible approval of minutes of July 13, 2016 regular 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. 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. 2016-28: Consideration of variances to City Code Section 31-521, Slope Regulations, for the construction of a new residence to be located at 1010 3rd Avenue Croix Companies, LLC, property owner. 3. Case No. 2016-29: Consideration of a variance to City Code Section 31-305, RA one -family district maximum lot coverage for the property located at 1095 Creekside Crossing. Jim and Julie Ligday, property owners. 4. Case No. 2016-30: Consideration of a Zoning Text Amendment pertaining to Temporary Family Health Care Dwellings. City of Stillwater, applicant. UNFINISHED BUSINESS NEW BUSINESS STAFF UPDATES/FOR YOUR INFORMATION ADJOURNMENT THE HINTHYLACE OF MINNESOTA PLANNING COMMISSION MEETING MINUTES July 13, 2016 REGULAR MEETING 7:00 P.M. Chairman Kocon called the meeting to order at 7:00 p.m. Present: Chairman Kocon, Commissioners Collins, Fletcher, Hade, Lauer and Siess Absent: Commissioners Hansen and Kelly; Council Representative Menikheim Staff: City Planner Wittman APPROVAL OF MINUTES Possible approval of June 8, 2016 meeting minutes Motion by Commissioner Collins, seconded by Chairman Kocon, to approve the June 8, 2016 meeting minutes. Motion passed 6-0. OPEN FORUM Timothy Paskvan, 1314 Fourth Street North, asked about the meeting agenda. PUBLIC HEARINGS Case No. 2016-26 Consideration of an amendment to a Special Use Permit for the expansion of Nacho Mama's located at 312 Main Street South. Brenda Ryder, applicant. City Planner Wittman explained that the applicant would like an amendment to the existing Special Use Permit to allow for the expansion of the restaurant and bar area into the former retail space in the front of the building. Staff recommends approval with six conditions. Chairman Kocon opened the public hearing. There were no public comments. The public hearing was closed. Motion by Commissioner Hade, seconded by Commissioner Collins, to recommend that the Council approve an amendment to a Special Use Permit for the expansion of Nacho Mama's, 312 Main Street South, with the six conditions recommended by staff. All in favor, 6-0. Case No. 2016-27 Consideration of a Special Use Permit for a Type III Home Occupation and associated variances for the Old Swedish Church, located at 320 Fourth Street North. Cecilia Loome, applicant, and Thomas and Karen Loome., property owners. Planning Commission July 13, 2016 City Planner Wittman reviewed the request. On May 5, 2016, notice was sent to the property owners advising them that the City had received complaints the property was being used as an events venue, an unpermitted use. Property owners indicated they would like to apply for a permit to come into compliance with the zoning regulations. The Type III Home Occupation permit seemed best suited to the proposal. Three variances are requested: a variance to the maximum 400 square foot (20%) total gross floor area of a dwelling unit allowed to be used for an event venue; and a variance to the 7 a.m. to 8 p.m. business hour limitation to allow for events to be held from 7 a.m. to 9:30 p.m.; and a 41-54 parking space variance to the total number of parking spaces required. On the basis that the application does not conform to the intent, requirements and conditions for Type III Home Occupations, and the finding that the property owner has not established practical difficulty for the variances, staff recommends denial of the application. Ms. Wittman noted a letter of support from Don Empson, and a petition submitted by the applicant indicating nearby property owners' support for the application. Chairman Kocon asked if there could be another allowable use for the property. Ms. Wittman replied that the home occupation license is the only avenue for this type of commercial use in the RB Two - Family District. Commissioner Siess asked about the square footage variance. City Planner Wittman explained the applicant is asking for 85% square footage (20% allowed), or 3,500 square feet (400 square feet allowed), to be used for events. Cecilia Loome and Jonathan Moler, applicants, explained the proposal. They noted that the entire sanctuary floor is sloped and the space unheated so that portion is unuseable area for a residence. For the last 30 years, the church was used as a bookstore with on -street parking and there were no complaints. They stated that they want to use most of the space for events but they only want to do it a handful of times per year, less than 4% of the time. They both have full time jobs and do not intend for it to be a full time event center. Given that it is in a residential neighborhood, they are not sure what other use would be appropriate. The bookstore moved out because it stopped being practical and sustainable. They are at a loss for what will happen to the property if they cannot use it. Presently, they direct guests to park in the City ramp and they would be happy to make this a condition of approval. They also pointed out that the application is only for 90 guests, less than what was suggested in the staff report; thus the parking variance is not as great as previously discussed. Mr. Moler went on to say that they took issue with some of the recommendations, for instance needing a food license. They require guests to have a licensed caterer so they are not sure how this requirement is applicable. Ms. Loome added that they understand the purpose and intent of the City code is to limit commercial uses in residential neighborhoods. However they feel the use will allow them to preserve this very unique building with minimal impact on the neighborhood. They will do everything possible to mitigate the parking, and are willing to compromise and work with the City toward reasonable limitations to permit the proposed use. Chairman Kocon noted that less than 4% of the time would be 15 events a year. Ms. Loome stated that for a business use less than 15 days a year, the IRS does not consider it a business. They are looking at the proposed use as a way to allow them to keep living there. She added that events would be held only May to October, no more than one per weekend, no more than three per month. Chairman Kocon opened the public hearing. Page 2 of 5 Planning Commission July 13, 2016 Jane Paskvan, 314 Fourth Street North, who lives next door in a home that is eight feet away from the church, said the applicants have assured her they will do whatever is necessary to make her happy, but she feels that having 14 events would equate to every weekend, all summer long. She feels the applicants are awesome neighbors but is concerned about what would happen if they left and new owners were not as considerate. She signed the petition supporting the proposal but felt it should be dependent on conditions of approval. Susie Quaderer, 304 Third Street North, who shares the driveway with the library and the exit on Fourth Street, said she was prepared to oppose the proposal at tonight's meeting but since meeting the applicants, she feels there may be a compromise. She expressed concerns about street parking and she objects to another property, in addition to the library, being able to hold commercial events in the neighborhood. She believes that unlike the library, the applicants would work with the neighbors and the proposal could work, with specific conditions such as capping it at two events per month, ending events at 9 p.m. and not allowing events on the same days that the library is holding events. Jerry Helmberger, 303 Fourth Street North, owner of the Aurora Staples Bed and Breakfast across the street, complained about spillover noise from the library's events. He said events that have already been held at the Swedish Church have brought an outdoor bathroom, food trucks and guests congregating outside. He noted there are many event venues all within a few blocks. He also is concerned about the increase in traffic. Tim Paskvan, 314 Fourth Street North, stated that he had spoken with the Council before about noise in the neighborhood. He feels Jonathan and Cecilia are good neighbors and a compromise can be negotiated that would be a win -win, but he would want a condition that no guests be allowed to congregate on the sidewalk. Kathy Helmberger, 303 North Fourth Street, Aurora Staples Bed & Breakfast, said the library, Art Reach, the nursing home, the B & B, Episcopal Church, Trinity Church, and City Hall make the neighborhood busy enough. She feels Jonathan and Cecilia are wonderful neighbors and she loves that they are trying to restore the church but she cannot support another event center in the neighborhood mainly because of the library. Chris Lentz, 718 Third Street North, stated that for over 15 years he walked from his house to work at the bookstore that was housed in the church. It was open six days per week. Events were held there occasionally. He said he understands the neighbors' concerns about nearby venues but feels that is not a good reason to deny someone else the opportunity to have events of a small nature in a historic building that they have done a lot to restore. Mr. Lentz added that he is also a contractor, and he feels the building could never be turned into a residence. He argued that an event center is not really what is being discussed because Jon and Cecilia are not asking to have huge events. He feels the use as proposed is very much in keeping with the neighborhood and the needs of the community Diane Anderson, 420 Fourth Street North, said she feels the proposed use would be a good reuse of the building. She questioned what would happen to the building if not allowed to be sustained via some sort of commercial use. Chairman Kocon closed the public hearing. Commissioner Siess commented that the property is beautiful and historically significant, but she has a problem with the square footage variance, which she feels is too large. Page 3 of 5 Planning Commission July 13, 2016 Commissioner Collins said clearly there is practical difficulty because the building could not be turned into apartments or condos. He added that he fears future demolition of the building and hopes the City can work with the applicants to come to some agreement. Commissioner Hade agreed with Commissioner Collins. Commissioner Fletcher remarked that it feels like putting a square peg in a round hole. She feels the core problem is not the variances requested, but the fact that the City doesn't have appropriate regulations and zoning to deal with this incredibly beautiful property. Commissioner Lauer agreed with the previous comments, saying he finds it difficult to grant the variances because they are extreme, but there should be some way to zone it differently to enable the use to go forward. He feels the work the applicants have done is amazing. But he recognizes that parking alone is obviously an issue for nearby residents, and it sounds like there is angst and animosity toward other venues that may have polluted the waters a bit. Chairman Kocon noted he doesn't believe in spot zoning. He applauds the work the applicants have done and wants to see the building maintained, but feels the two major variances are unwarranted. He recognized that the Commission has ordinances and structure it must work within. Due to the traffic and parking issues. he cannot support the request and would recommend denial. He reminded the applicants they may appeal to the Council if desired. Motion by Chairman Kocon, seconded by Commissioner Lauer, to deny a Special Use Permit for a Type III Home Occupation and associated variances for the Old Swedish Church, located at 320 Fourth Street North. Commissioner Fletcher said she is conflicted because she realizes the Commission must deny the SUP but feels that residents must be listened to and acknowledged. Motion passed 4-2 with Commissioners Collins and Hade voting nay. UNFINISHED BUSINESS Case No. 2016-24 Consideration of a Special Use Permit for a 40-unit hotel and restaurant and retail space, to be located at 402 Main Street South in the historic Joseph Wolf Block. Elevage Hotel Group, representing Stillwater Caves LLC, applicant and Luna Rosa, owner. City Planner Wittman explained that at the last Commission meeting, the request was tabled after the public hearing was held. At that meeting, the Commission had been favorable to the SUP but had concerns about parking and drop-off/pickup zones. She informed the Commission that at the last Downtown Parking Commission meeting, the DTPC determined the applicant could mitigate their parking requirements by providing 18 valet parking spaces in the upper parking lot, valet all other vehicles to the parking ramp or Lot 20, and designate two loading and unloading zones on Nelson Street. Staff recommends approval of the Special Use Permit with 10 conditions. Motion by Commissioner Collins, seconded by Commissioner Hade, to approve the SUP for a 40-unit hotel and restaurant to be located at 402 Main Street South, with the ten conditions recommended by staff. All in favor, 6-0. Page 4 of 5 Planning Commission NEW BUSINESS There was no new business. STAFF UPDATES July 13, 2016 City Planner Wittman reported that the Council directed staff to proceed with the hiring of a zoning administrator. Commissioner Hade recognized Council Representative Menikheim's 80th birthday. ADJOURNMENT Motion by Commissioner Lauer, seconded by Commissioner Hade, to adjourn the meeting at 8:45 p.m. All in favor, 6-0. Respectfully Submitted, Julie Kink Recording Secretary Page 5 of 5 1.) 1008 Oak St. Stillwater, MN 55082 tiLii,ta- lkoWt/7-P" m IA/1 /WV torte ' Owner: METZGER, JOSEPH P. 901 W WRIGHTWOOD AVE, CHICAGO IL 60614 https://www.vrbo.com/744558 2.) 216 WILKINS ST W, CITY OF STILLWATER Owner Name : KILBOURNE CHRISTINAA & MARCIA Owner Address : 22275 KEYSTONE RD, MILACA MN 56353 https://www airbnb. com/rooms/11669143 ?s=yXAXkG10 3.) 2938 Marine Cir, Stillwater, MN 55082 Owner: PARENDO, CAROL, 2938 Marine Cir, Stillwater, MN 55082 https://www.airbnb.com/rooms/ l 3733774?s=yXAXkGIO 4.) 423 3rd St. N., Stillwater, MN 55082 Owner: HOCHRADEL SHANE J & JENNIFER D 423 3rd St. N., Stillwater, MN 55082 https://www.airbnb.corn/rooms/9365642?s=yXAXkGIO https://www.vrbo.com/733458 5.) 1426 5TH ST S, Stillwater, MN 55082 Owner: NOGLE, ALISSA J. 1426 5TH ST S, Stillwater, MN 55082 https://www.airbnb.com/rooms/12682571?s=yXAXkGIO 6.) 1336 2ND AVE S, Stillwater, MN 55082 Owner: ACKERMAN, KIRK & BARBRA, 1336 2ND AVE S, Stillwater, MN 55082 https://wwvv.airbnb.com/rooms/3050591?s=yXAXkGIO 7.) 219 3RD ST N, Stillwater, MN 55082 Owner: HUDSON, ANGELA K https://www.vrbo.com/707235 Address: 1104 MEADOWLARK DR, CITY OF STILLWATER Owner Name : JESPERSEN SARA & NATHAN Owner Address : 1104 MEADOWLARK DR, STILLWATER MN 55082 Use Desc. 1: 100 Res 1 unit Poly Acres : 0.6 Parcel Acres : null Homestead : Y School District: ISD834 Watershed District: illwater THE B I R T H P t A r E OF MINNESOIA PLANNING COMMISSION MEETING DATE: August 10, 2016 CASE NO.: 2016-28 APPLICANT: John Sharkey, Croix Companies LLC, property owner REQUEST: Consideration of variances to City Code Section 31-521, Slope Regulations, for the construction of a new residence to be located at 1010 3rd Avenue South ZONING: RB-Two Family Res. COMP PLAN DISTRICT: Low/Medium Density Res. PREPARED BY: Abbi Jo Wittman, City Planner BACKGROUND In May, 2016, the City of Stillwater approved an administrative lot split which authorized the alteration of Lots 1-4, Block 13, Hersey, Staples & Company's Addition to Stillwater. This allowed for the previously -platted four lots to be combined and split so that the four lots would become three lots. Croix Companies LLC remains the owner of all three newly created parcels. It has been the intent of the owner to build a new single family residence on each parcel. In June, 2016, the property owner submitted an application to the Heritage Preservation Commission for review and approval of a new home to be constructed in the Neighborhood Conservation District. The new single family residence was proposed for the most southerly lot in the new lot configuration. As proposed, the home would be a 2.5 story structure, with a tuck -under garage. The garage would be set into the existing hillside and the lands around the house were proposed to be graded to accommodate for more positive drainage around this structure, as well as adjacent properties. At the time of building permit submittal a topographic survey was submitted and it was discovered the property contained steep slopes (defined as slopes greater than 24% that run for a distance of 50' in length or greater). As such, the property owner was advised a variance would be required or a new site plan would need to be submitted. SPECIFIC REQUEST The property owner is seeking a variance to allow for certain land distributing activities to occur on/in a steep slope. The land disturbing activities include cutting into the hillside for the installation of a foundation for a single family residence as well as grading of the land surrounding the structure. Case No. 2016-28 CPC: August 10, 2016 Page 1 of 4 REVIEW STANDARDS The purpose of the variance application 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." Section 31-208 further indicates: • Economic considerations alone do not constitute practical difficulties. • 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 applicant must demonstrate that: The variance is in harmony with the general purposes and intent of this chapter. The purpose of the he slope regulations are to minimize the risks associated with project development in areas characterized by vegetation and steep or unstable slopes. These areas include ravines, blufflands and shorelands. This property was formerly nearby the Hersey and Staples Company mill and quarry. The lands in this area are not associated with ravines, blufflands and/or shorelands. Given the well-defined shape of those lands that are greater than 24%, City staff conclude the steep slope in this area is manmade. A further purpose is to avoid the visual impact of height, bulk and mass normally associated with building on any steep slope. As this property will be on west side of Third Avenue South, formerly known as the "Lower Quarry Path," and set back quite some distance from the bluffline, there will be no visual impact to those properties below the bluffline. The variance is consistent with the comprehensive plan. The Comprehensive Plan does note this property as containing steep slopes however the Plan does not call for further protection measurements for steeps slopes that are not ravines and/or bluff line areas. The Plan does indicate the city work with developers or property owners to encourage design strategies that protect and improve the quality of resources. 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 single family residential use proposed is allowed in the RB - Two Family Residential District. However, building on, in or within 30' of a steep slope is prohibited. The plight of the landowner is due to circumstances unique to the property and that are not created by the landowner; and The existing topography of the land creates a uniqueness for the property owner. While the owner did purchase the lands and conduct a lot split, the intent was to reduce the number of homes on this vacant parcel. The variance, if granted, will not alter the essential character of the locality. As the property owner notes, the project has previously was found to be consistent with the Neighborhood Conservation District guidelines and approved by the Heritage Preservation Commission. ALTERNATIVES The Planning Commission has the following options: 1. Make findings practical difficulties do exist for the property owner and approve a variance to construction on/in a steep slope for the property located at 1010 3rd Avenue South, 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: a. Plans shall be substantially similar to those on file with the Community Development Department's Case No. 2016-28. b. A building permit shall be reviewed and approved prior to the construction of the house and any associated improvements. c. 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. FINDINGS AND RECOMMENDATION Staff finds practical difficulty has been established and recommends approval of Case No. 2016- 28. ATTACHMENTS Site Location Map Applicant and Future Homeowner Narratives (3 pages) Certificate of Survey (2 pages) Topographic Survey with 24% or Greater Slopes Grading, Drainage, Erosion Control and Site Plans (2 pages) Approximate Building Location on Slope Site Photographs (2 pages) HPC Design Permit Exterior Elevations (2 pages) Letter of Support 0 The Birthplace of Minnesota 1010 3rd Avenue South Subject Parcel Parcel Boundaries -0u—Municipal Boundary 115 230 General Site Location Community Development Dept City of Stillwater 216 North Fourth Street Stillwater, MN 55082 July 9, 2016 Dear Community Development Department, This proposal letter is to request and substantiate the grant of a Variance for the construction of a new residence 1010 3rd Ave S in Stillwater, MN. The Variance requested is in regards to Sec. 31-521.(d) — Slope Regulations as shown below: 31-521.(d) No structure may be located on a slope of greater than 24 percent or within 30 feet of a 25 percent or greater slope. The current plot of land at the above address contains an area — as shown on the attached survey- in which the greatest slope is 25.6%. 1 am requesting a variance to move forward with using this plot of land to construct a single family residence. Practical difficulty to comply with this chapter exists as outlined below: 1. 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. Response: The property is currently zoned RB, Two -Family Residential. The project plan is to construct a single family residence which is using the land in a reasonable manner for a use permitted in the zone. 2. The plight of the landowner is due to circumstances unique to the property and that are not created by the landowner. Response: The current slope of the land is unique to the property and was not created by the landowner. 7o be noted the properly does not contain a ravine or bluff. 3. The variance, if granted, will not alter the essential character of the neighborhood. Response: If the variance is granted the project will not alter the essential character of the neighborhood The project and all of its details has previously been approved by the Heritage Preservation Commission at the June public hearing — indicating that the project meets the design review guidelines and would not be a negative impact on the neighborhood. The residential home is planned to be constructed into the existing slope as opposed to completely leveling the property prior to the construction of the home. Consideration was given to place the home on the land so that it would not be within 30' of the slope; however, given the massing and placement of the slope on the property — this was not a feasible option. Additionally, the property was previously part of a single plot of land that was historically divided into 4 distinct buildable lots. Currently — the single plot of land is subdivided into 3 distinct buildable lots. The lot split was approved by the City of Stillwater/City Planner. The property as a whole (a single lot subdivided into 3 lots) was purchased with the intent to build 3 single family residential homes that fit within the city's design guidelines. To note, the adjacent lot (to the north) of 1010 3rd Ave S currently has an existing outbuilding that is within 30' of the greater than 24% grade. Attachments: 1. Land Survey 2. Project Plans (Heritage Preservation Commission - Approved) Respectfully submitted, John Sharkey - Owner Sharkey DesigniBuild 612-327-4457 John(c SharkeyDesignBuild.com Community Development Dept City of Stillwater 216 North Fourth Street Stillwater, MN 55082 July 9, 2016 Dear Community Development Department, We are writing to request your approval for a variance in order to move forward with building our home at 1010 3' Ave S in Stillwater. Once we received approval from the Heritage Preservation Commission on the design, we proceeded with the sale of our current house in anticipation of moving to Stillwater and building at 1010 3" Ave S; We have sold our current home in Saint Paul - set to close on 8/5/2016- as we fully anticipated there being no issues given the already approved lot split and approved design review. We are a family of 4, which includes 2 small girls (ages 3 and 4). Our plans are to build our family home at 1010 3" Ave S in which our girls would grow up in. We are excited about the location and welcoming neighbors that we have met thus far as well as all that Stillwater as a community has to offer. Building our home at 1010 3rd Ave S will in no way be a negative impact on the community, and we fully anticipate being active community members. We understand that there are guidelines in place to prevent building on land that has a greater than 24% grade; however, even though the land has slopes that surpass the threshold, the land is not in a ravine or bluff area that may cause challenges and or safety concerns with building. Our plan is to actually build into the existing slope and once complete, grade the land around the house in a manner that flows well with neighboring properties. We anticipate the building of our home to have a positive impact on the neighboring properties as opposed to creating a negative atmosphere. Please consider granting the variance so that we may move forward with building our family home at 1010 3" Ave S. Know that granting the variance would not have a negative affect — it would have the exact opposite as it would enable us to continue with our plans to build a home for our family. Thank you for your consideration, Jay and Danielle Hinze m co W 0 w CERTIFICATE OF SURVEY for, JOHN SHARKEY \ It CONC \ \�'u\ n �JN\ err\ \ BITUMINOUS ROADWAY `3''''',, DU$U -E -- . CURB 86 GU l I K 1 \ \I - 15 tI" } \ \ \\ \ \ \ \ \ S89 7 22 "E \ t32. 51 Y44) 732'{12? \ � \ \ \ 1 \\' \ \ 1 \ CO \—S. U 11\ .589. • --\ —7 \ \ f \ \ T \ \\ \ A \ \ \ \ \ \ -N. UNE OF LOT 1, BLOCK 13 \ ov\ ry \ \ \ 24.E ,.. EXISTING SHED >7,3\• \ g„?1 \\ \ 3q` \ \\- N $36. L 3s \. -' o3 o,- S/)•1, MH ® RIM= 07.41 IT -N. L(NE OF L2, BLOCK\'I\3 OF THE\ NORTH 20 FT LOT 2, BI)CK 13 22 E \ 132- 51 \ \ \ \ ti .11- A r\ I \C - `•. V �J \ . UNE\ OF LEI' 3, BLOCK 13 \� D Y \ m J \ \ \ 8i9, $. UNE OF NORTH"36 FT a \ I .\ \ r -. a a. \ - \ \ \ \ \ \ a. \ \ \ ts- \ \\ i\ i - - - \ N89-,'7i2 , �-13 61 — ▪ \\— \ ▪ \\ \ lea \-. \ EXISTING DECK HOUSE w r� ri I L �.r 1.1 \ a \ \ \ \ AREA TOTAL OF LOTS 1 THROUGH 4 = 27,092± SQ. FT. (0.62± ACRES) LEGEND • DENOTES FOUND PROPERTY IRON O DENOTES SET 1/2" X 18" REBAR WITH PLASTIC CAP "PLS 25105" ❑ - DENOTES WOOD FENCE DENOTES DECIDUOUS TREE DENOTES , - -999- - DENOTES (M) (P) cQ) DENOTES DENOTES DENOTES DENOTES —OE DENOTES CONIFEROUS TREE CONTOUR MEASURED DISTANCE PLATTED DISTANCE POWER POLE SANITARY MANHOLE OVERHEAD ELECTRIC \ \ r 'BLOCK`I \\ '\ \ \ e \ \a NI 66 n 0 t7 Call 48 Hours before digging GOPHER STATE ONE CALL Twirl Cities Area 651-454-0002 MN. Toll Free 1-800-252-1166 ,814� 0 30 60 7 SCALE IN FEET LEGAL DESCRIPTION Lots One (1), Two (2), Three (3) and Four (4), in Block thirteen (13), of HERSEY, STAPLES Sc CO'S ADDITION to Stillwater as surveyed and platted and now of record in the office of the Register of Deeds in and for said County of Washington and State of Minnesota. REFERENCE BENCHMARK ELEVATION = 926.89 (NAVD 88) MNDOT GEODETIC MONUMENT "8214 B 1" N * NOTES AND PROPOSED DESCRIPTIONS SEE PAGE 2 * NO. DATE F DESCRIPTION BY BEDS ENGINEERING DESIGN & SURVEYING 6480 Wayzata Blvd. Minneapolis, MN 55426 OFFICE: (763) 545-2800 FAX: (763) 545-2801 EMAIL: info@edsmn.com WEBSITE: http://edsmn.com I HEREBY CERTIFY THAT THIS SURVEY 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 MINNESOTA FIELD WORK DATE: 2/20/16 DRAWN BY: CG JOB NO. 16-010 'J d Cc✓ Yc✓ e, DATED: 2/23/16 VLADIMIR WAIVER LS. NO. 25105 FIELD BOOK NO.: LOOSE LEAF CHECKED BY: VS SHEET NO. 1 OF 2 Call d I-Ini irc hnfr,ro rlinninn CERTIFICATE OF SURVEY for, JOHN SHARKEY POPERTY LOCATION: 1010 3RD AVE. S. STILLWATER, MN 55082 GOPHER STATE ONE CALL Twin Cities Area 651-454-0002 MN. Toll Free 1-800-252-1166 0 30 60 SCALE IN FEET PARENT DESCRIPTION Lots One (1), Two (2), Three (3) and Four (4), in Block thirteen (13), of HERSEY, STAPLES & CO'S ADDITION to Stillwater as surveyed and platted and now of record in the office of the Register of Deeds in and for said County of Washington and State of Minnesota. PROPOSED DESCRIPTIONS PARCEL 1 Lot 1 and the North 20.00 feet of Lot 2, of Block 13, HERSEY, STAPLES & CO'S ADDITION to Stillwater, Washiington County, Minnesota. PARCEL 2 Lot 2 and the North 36.00 feet of Lot 3, of Block 13, HERSEY, STAPLES & CO'S ADDITION to Stillwater, Washiington County, Minnesota. EXCEPT The North 20.00 feet of Lot 2, Blcok 13, HERSEY, STAPLES & CO'S ADDITION to Stillwater, Washiington County, Minnesota. PARCEL 3 Lot 3 and 4, Block 13, HERSEY, STAPLES & CO'S ADDITION to Stillwater, Washington County, Minnesota. EXCEPT The North 36.00 feet of Lot 3, Block 13, HERSEY, STAPLES & CO'S ADDITION to Stillwater, Washington County, Minnesota. AREA TOTAL OF LOTS 1 THROUGH 4 = 27,092± SQ. FT. (0.62± ACRES) PARCEL 1 = 9,276± SQ. FT. PARCEL 2 = 8,908± SQ. FT. PARCEL 3 = 8,908± SQ. FT. BUILDING SETBACKS ZONING: RB: TWO FAMILY RESIDENTIAL DISTRICT HOUSE: FRONT = 20 FT, GARAGE (ATTACHED/DETACHED) 30 FT SIDE = TOTAL OF 15 FT WITH ONE SIDE MIN. OF 5 FT ON INTERIOR SIDE, ATTACHED GARAGE IS 5 FT, DETACHED GARAGE IS 3 FT CORNER SIDE = 20 FT (STREET), 5 FT INTERIOR SIDE REAR = 25 FT, GARAGE ATTACHED IS 5 FT, DETACHED GARAGE IS 3 FT MAXIMUM LOT COVERAGE FOR THIS ZONE IS BUILDING OF 25% AND IMPERVIOUS SURFACE OF 25% SURVEY NOTES 1. THE BASIS OF THE BEARING SYSTEM IS ON WASHINGTON COUNTY NAD 83 (96 ADJ). 2. CONTRACTOR MUST VERIFY PROPOSED ELEVATIONS. 3. NO SPECIFIC SOIL INVESTIGATION HAS BEEN COMPLETED ON THIS LOT BY THE SURVEYOR. 4. NO TITLE INFORMATION WAS PROVIDED FOR THIS SURVEY. THIS SURVEY DOES NOT PURPORT TO SHOW ALL EASEMENTS OF RECORD. 5. EXISTING UTILITIES AND SERVICES SHOWN HEREON OWNER LOCATED EITHER PHYSICALLY ON THE GROUND DURING THE SURVEY OR FROM EXISTING RECORDS MADE AVAILABLE TO US OR BY RESIDENT TESTIMONY. OTHER UTILITIES AND SERVICES MAY BE PRESENT. VERIFICATION AND LOCATION OF UTIUTIES AND SERVICES SHOULD BE OBTAIN FROM THE OWNERS OF RESPECTIVE UTILITIES BY CONTACTING GOPHER STATE ONE CALL AT (651) 454-0002 PRIOR TO ANY DESIGN, PLANNING OR EXCAVATION. 6. THERE IS NO OUTLET ON THE SOUTH END OF 3RD AVE S. 7. FOUND MONUMENTATION IS SUPPORTED BY A REFERENCE SURVEY BY STACK LAND SURVEYING DATED 9/22/2011. 8. SETBACK INFORMATION PROVIDED FROM CITY OF STILLWATER MUNICODE SITE SEC. 31-308. AND ZONING DISTRICT REFERENCED FROM PROPERTY INFORMATION LOOK UP ONLINE AT THE CITY OF STILLWATER SITE. EDS ENGINEERING DESIGN & SURVEYING 6480 Wayzata Blvd. Minneapolis, MN 55426 OFFICE: (763) 545-2800 FAX: (763) 545-2801 EMAIL: info@edsmn.com WEBSITE: http://edsmn.com I HEREBY CERTIFY THAT THIS SURVEY 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 MINNESOTA_ 'mad 3�✓Ywe VLADIMIR SIVRIVER LS. NO. 25105 * DRAWING AND LEGEND SEE PAGE 1 * FIELD WORK DATE: 2/20/16 FIELD BOOK NO.: LOOSE LEAF NO. DESCRIPTION BY DATE DRAWN BY: CG CHECKED BY: VS JOB NO. 16-010 SHEET NO. 2 OF 2 x01809 �1 xe'7.10 %den At N. \ e` 1 !:2FIN xacttbt?'t,/11m 9 SCALE Di FEET LEGEND I I l xy sl .wear.nevaxr \ \ `\ \‘ X 414,1S / xerSa7 """N 1`1\ ii?/ 1 1 1 vntL s\ \ x'p.17 re.�S III 11N 4, j tx\e,<N xra,,l� r ,t,,J Ixeri., ew.ak xn5x'� x11.7, ,\ `N. \II1111 ra `. :?f/ `.I�ll,111\ \ \1 \ ea1 7n \ I r h 1;11 1we .,\ \� xeisei1 1 r — r -1 \\ l �`11yl .4 \ ,� \ �, trio: l 1 l4 XAta +et*al - I D DENOTES AN INFLACE I.R INCH IRON PPE MONUMENT /OnN FSALLI VAIN A PLASM CAP >t7S.acf1BE0 -STACA i HLs 11771.' O DENOTES FQy,1D M0NIMEHT MAKE* AND S12EO AS INCICATFDNEREON. JL( Unity Ma. -�f6L DENOTES EktSlanS GAOLING CONTOUR E T }a.i; i!IIr l€3 .F�IIIIi4CdiAtlik:Elk _I,1IJI DEN01F 2 %I4l GREATER SLOPES GENOTIS 21% OR GRKAIER SLOPES OVER eo FEET WIDE CLEVATi0NS SHOWN NEKON ARE 6/4E0ON WAN BEA4L:LEVEL 0ATUAIN.A,V:G- Ssee PLJL TI +1T, CONTOURS ARE SNOWNAT AONB FOOT CON I pun e,TERVAL. ONIENTA1LON CF THIS aEAOINGSYS1EM is THE WASHINGTON COUNTY COORDINATE ars EI.&NA093,'19a4 AWUSIMENT. DISTANCES ARE 1N FELT A.VO DECIMALS OF A FORT STACK LAND SURVEYING 9090 FAIRY FALLS ROAD NORTH STILLWATER, MN 55082-8567 (651) 439-5630 \ 01t.z 1 x tOtIN eo7 5e 1 xroe 1 x \ \ a17.50 \ \ 41\ \ \'' \ \. x"xr17n \ \\ 1 \ x11t'Ar \ `f votes ,yk.lssa i '-r x/ItBt—�x MS37 1 '' \1tt,llir\ +%�111 1iG \ L\ N \\`^t 4 \ \ xil1451. Y,1 t7\ �— \TL1M/11, T. ~` SS \Nll:t ORWIN CARTER 1029 - 3RD AVENUE SOUTH STILLWATER, MN 55082.5819 x11(e11 x 0M6 Ce .70 x I*9,55 10 44 1010 x ele,1/ 1N \ x sit0.s� ..)4112.04 t' x a19A/ tu7 4: \ \\ \ \\ ,� 1� kikrl \\ \`\. \ ii. e2i\ 4ie DESCRIPTION: 1SA1 x/nsa Lots One (I) and Two (2), Three (3) and Four (4) in Block number Ihirteen (13).01 HERSEY. STAPLES 6 COS. ADDITION to Stillwater as surveyed and planed and now of record in the office of the Register of Deods in end for said County of Washington and State of Minnesota. PARCEL AREA: 27085 SQUARE FEETs PROJECT LOCATION EAST DUBUQUE STREET & THIRD AVENUE SOUTH STILLWATER, MN 55082 NO GATE BY BOUNDARY 8. TOPOGRAPHIC SURVEY SHEET 01 OF 01 SHEET I4Ensey cn4rIFYXUAT Tata aunver. PLAt• LA, PEA}g7 P RLPAPCD DV ME DR UNDERMY D141CCr..4 4, VIDa1.y A7•"C •1NAT I M, ALLY LICENSED PIWESBLIHAL. 1ANn rLxlavert Ui t2i,111_ IAY44 OT THE STATE Or IlsettsOT ATE CA7174`1 LICL.*F, 1177.1 OF'FICMl COPIES or T4119B1AIVE1 Av,E LBW. TEAL fL SUBMISSION DATE 09002T'2011 DEars DY I DRAWN BY -- Mars 11 oao SLS PROJECT NO GRADING, DRAINAGE AND EROSION CONTROL PLAN or-rN r- I- - i L - \C." L EXISTING SHED W .1) , \ I • ‘1';',`‘ ‘... .,'.(.V'!. \ . q",, . 'V.., , STONE - -,7--- „ 895?2•2'... 1.32 1(i'i/1).• 132(P) Ht:ft_iti-N-0+._1-4-J-Lit Ei'L-A.T7,43LtILI-F,,I-LI-Lii-4-LiffL-fLiUf 11 I 1 IF II 1 1-E N •,4"5-. s e • e • s.e s r I I I %6 I I ••••••V‘i,.\1 L 14 LEGEND • DENOTES FOUND PROPERTY IRON 0 DENOTES SET 1/2" X 18°' REBAR WITH PLASTIC CAP "PLS 25105" - 9Y) • DENOTES EXISTING CONTOUR LINE DENOTES EXISTING ELEVATION - DENOTES PROPOSED CONTOURS DENOTES PROPOSED ELEVATION DENOTES FINISH FLOOR ELEVATION DENOTES MEASURED DISTANCE DENOTES PLATTED DISTANCE *II* 999.99 FFE (M) (P) 22.0 !‘, ••" EXISTING HOUSE PROPOSED HOUSE FFE=831.82 TOP BLOCK830.09 BASEMENT=521.53 GARAGE=821.20 DECK .01P. Of* 40 IP. et! • RWT-83.3.0 Rill8=827.0 DENOTES BOUNDARY LINE - DENOTES LOT LINE 0 DENOTES WOOD FENCE DENOTES SANITARY MANHOLE DENOTES DECIDUOUS TREE DENOTES CONIFEROUS TREE LJ DENOTES CONCRETE SURFACE DENOTES DRAINAGE FLOW DENOTES PROPOSED SILT FENCE DENOTES ROCK ENTRANCE -DEO '• . , • JLLLHLLJL • \ \ , \ \ \ \„. • • CDCD 27,41, „ • \ • \ • RWT=824. RWR-8 20 ▪ SCALE IN FEET )"Th, \ r 144- spROPOSED• -DRIVEWAY -0- 411, VW M6 .M, =1,4EP SP Am. Ir. ar-ai 43. WI \ thi \ \ \ SAN MH -) IA) , • LIE -IL 3-E-RECIEL \ RIM:=817.34 \ \ `, , \ , '• , \ • , \ ,\ 6 6 RWT=815.0 RW8=815.0 DENOTES BOLDER RETAINING WALL LEGAL DESCRIPTION Lot 3 and 4, Block 13, HERSEY, STAPLES & CO'S ADDITION to Stillwater, Washington County, Minnesota. EXCEPT The North 36.00 feet of Lot 3, Block 13, HERSEY, STAPLES & CO'S ADDITION to Stillwater, Washington County, Minnesota. REFERENCE BENCHMARK ELEVATION = 926.89 (NAVD 88) MNDOT GEODETIC MONUMENT "8214 B 1". 40 Call 48 Hours before digging GOPHER STATE ONE CALL Twin Cities Area 651-454-0002 MN. Toll Free 1-800-252-1166 EROSION CONTROL NOTES 1. EROSION CONTROL MEASURES SHOULD BE ERECTED PRIOR TO START OF ANY LAND -DISTURBING ACTIVITIES AND MAINTAINED IN GOOD WORKING CONDITION UNTIL FINAL SITE STABILIZATION. 2. ALL EXPOSED SOIL AREA, INCLUDING TEMPORARY STOCKPILES, MUST BE STABILIZED AS SOON AS POSSIBLE BUT IN NO CASE LATER THAN 14 DAYS AFTER CONSTRUCTION ACTIVITY IN THAT PORTION OF THE SITE HAS TEMPORARILY OR PERMANENTLY CEASED. STABILIZE WITH TEMPORARY SEED AND STRAW MULCH APPLIED AT 2 TONS PER ACRES. 3. SILT FENCE SHALL BE INSTALLED AND AT THE LOCATIONS SHOWN ON THE PLAN AND AROUND ANY STOCKPILES. SILT FENCE SHALL BE INSPECTED AND MAINTINED WEEKLY (AND WITHIN 24 HRS OF A 0.5" RAINFALL) UNTIL FINAL SEEDING AND MULCHING (OR SODDING) OF LOT. 4. ALL FABRIC FENCES USED FOR EROSION AND SEDIMENTATION CONTROL SHALL NOT BE REMOVED UNTIL THE DISTRICT HAS DETERMINED THAT THE SITE HA SBEEN PERMANENTLY RE -STABILIZED AND SHALL BE REMOVED WITHIN 30 DAYS THEREAFTER. 5. DUST CONTROL IS THE RESPONSIBILITY OF THE PERMIT HOLDER. THE PERMIT HOLDER MUST ELIMINATE DUST PROBLEMS UPON RECEIVING NOTICE FROM THE BUILDING OFFICIAL THAT THERE IS A DUST PROBLEM. 6. STREET CLEANING SHALL OCCUR DAILY OR AS NEEDED. 7. BUILDER TO PROVIDE EROSION AND SEDIMENT CONTROL PRECAUTIONS DESCRIBED UNDER BAYPORT CITY CODE . 8. SITE ACCESS SHALL BE VIA A ROCK CONSTRUCTION ENTRANCE . TO THE EXTENT PRACTICABLE, HEAVY EQUIPMENT AND TRUCKS SHALL BE PROHIBITED FROM PARKING OUTSIDE OF THE GRAVEL PAD AT SITE ACCESS. 9. IN THE CASE OF PUMPED DISCHARGE, CONTRACTOR MUST FILTER ANY TURBID WATER THROUGH SAND AND SILT FENCE BEFORE DISCHARGING TO STREET. INLET PROTECTION MUST BE IN PLACE. 10.TEMPORARY STOCKPILES MUST HAVE EFFECTIVE SEDIMENT CONTROLS IN PLACE TO PREVENT DISCHARGE TO SURFACE WATERS. GRADING NOTES 1. CONTRACTOR SHALL FIELD VERIFY THE LOCATIONS AND ELEVATIONS OF EXISTING UTILITIES AND TOPOGRAPHIC FEATURES PRIOR TO START OF SITE GRADING. THE CONTRACTOR SHALL IMMEDIATELY NOTIFY THE PROJECT ENGINEER OF ANY DISCREPANCIES OR VARIATIONS. 2. SUITABLE GRADING MATERIAL SHALL CONSIST OF ALL SOIL ENCOUNTERED ON THE SITE WITH EXCEPTION OF TOPSOIL DEBRIS. ORGANIC MATERIAL AND OTHER UNSTABLE MATERIAL. STOCKPILE TOPSOIL AND GRANULAR FILL AT LOCATIONS DIRECTED BY CONTRACTOR. 3. SUBGRADE EXCAVATION SHALL BE BACKFILLED IMMEDIATELY AFTER EXCAVATION TO HELP OFFSET ANY STABILITY PROBLEMS DUE TO WATER SEEPAGE OR STEEP SLOPES. WHEN PLACING NEW SURFACE MATERIAL ADJACENT TO EXISTING PAVEMENT, THE EXCAVATION SHALL BE BACKFILLED PROMPTLY TO AVOID UNDERMINING OF THE EXISTING PAVEMENT. 4. CONTRACTOR SHALL BE RESPONSIBLE FOR ALL HORIZONTAL AND VERTICAL CONTROL. 5. GRADES SHOWN ARE FINISHED GRADES, CONTRACTOR SHALL ROUGH GRADE TO SUBGRADE ELEVATION. 6. ALL EXCESS MATERIAL, BITUMINOUS SURFACING, CONCRETE ITEMS, ANY ABANDONED UTILITY ITEMS, AND OTHER UNSTABLE MATERIALS SHALL BECOME THE PROPERTY OF THE CONTRACTOR AND SHALL BE DISPOSED OFF THE CONSTRUCTION SITE. 7. COMPLETION OF SITE GRADING OPERATIONS SHALL RESULT IN ALL AREAS BEING GRADED TO 'PLAN SUBGRADE ELEVATION'. THE PARKING LOT AND DRIVEWAY AREAS SHALL BE DETERMINED BY REFERRING TO THE SITE PLAN AND PAVEMENT SECTION DETAILS FOR LOCATION AND LIMITS OF BITUMINOUS PAVEMENT SECTIONS. 8. THE MINIMUM GRADED SLOPE FROM EDGE OF BUILDING SHALL BE 6 INCHES IN 10 FEET. 9. FINISHED GROUND AND SOD ELEVATION ADJACENT TO BUILDING SHALL BE 6" BELOW FLOOR ELEVATION. SLOPE GROUND AWAY FROM BUILDING A MINIMUM OF 6" IN 10 FEET BEYOND 10 FEET REFER TO PLAN GRADES. 10. CONTRACTOR IS RESPONSIBLE FOR GRADING AND SLOPING THE FINISHED GROUND SURFACE TO PROVIDE SMOOTH & UNIFORM SLOPES. WHICH PROVIDE POSITIVE DRAINAGE AWAY FROM BUILDINGS AND PREVENT PONDING IN LOWER AREAS. CONTACT ENGINEER IF FIELD ADJUSTMENTS TO GRADING PLANS ARE REQUIRED. 11. ALL GRADING SHALL BE ACCORDING TO MnDOT 2105. 12. EXISTING CURB CUTS SHALL BE REMOVED AND REPLACED WITH CURB AND GUTTER PER CITY STANDARD DETAILS ( AND SPECIFICATIONS) . EDS ENGINEERING DESIGN & SURVEYING 6480 Wayzata Blvd. Minneapolis, MN 55426 OFFICE: (763) 545-2800 FAX: (763) 545-2801 EMAIL: info@edsmn.com WEBSITE: htlp://edsmn.com I HEREBY CERTIFY THAT THIS SURVEY 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 MINNESOTA. tie° elf ce'i, `C.11/: DATED: 7/7/16 VLADIMIR SIVRIVER L S. NO. 25105 JOB NAME: JOHN SHARKEY FIELD WORK DATE: 02/20/16 DRAWN BY: EP PROJECT NO.: 16-010 LOCATION: 1010 3RD ST S STILLWATER, MN 55082 FIELD BOOK NO.: EDS-15 CHECKED BY: VS SHEET NO. 1 OF 1 15 14 1 r— r-s I --I 1-- F! I 1 L- I 1 SITE PLAN 1‘,•- N. LINE OF LOT 3, BLOCK 13 3 7.3 S89'57'22"E 132.51(M) 132(P) 'i �`• 25 0 as- N LEVERED 22.0 X T. 0 -- — S. LINE OF THE NORTH 36 FT LOT 3, BLO_CK_13 CAN77LEVERED 5.3 X 1.0 -- - A ' I ' d /A\ 1 1 1 ,I 1 —� L/ L• BUILDING SETBACKS ZONING: RB = TWO FAMILY RESIDENTIAL DISTRICT HOUSE: FRONT = 20 FT, GARAGE = 30 FT SIDE = SUM 15 FT, MIN 5 FT REAR = 25 FT, GARAGE = 5 FT (0. — N. LINE OF LOT 4, BLOCK 13 54,/,./ff PROPOSED HOUSE FFE= 831.82 TOP BLOCK=830.09 BASEMENT=821.53 GARAGE=821.20 0 10 cO s r 5.00'- �Ia i. tP 2"E 132.51(M)1\32(P) — I .ti--n.. 1 I II I 1 ♦/ 1 v '- I EXISTING HOUSE DECK HARDCOVER PROPOSED BUILDING PROPOSED PAVED SURFACE TOTAL LOT AREA EXISTING HARDCOVER 1,835 SQ. FT. 828 SQ. FT. 8,908 SQ. FT. 29.9 % S SAN MH RIM=817.34 \h 66 REFERENCE BENCHMARK ELEVATION = 926.89 (NAVD 88) MNDOT GEODETIC MONUMENT"8214 B 1". LEGEND • O Call 48 Hours before digging GOPHER STATE ONE CALL Twin Cities Area 651-454-0002 MN. Toll Free 1-800-252-1166 0 20 40 SCALE IN FEET DENOTES FOUND PROPERTY IRON DENOTES SET 1/2" X 18" REBAR WITH PLASTIC CAP "PLS 25105" DENOTES BOUNDARY LINE DENOTES LOT LINE — — — — — — DENOTES SETBACK LINE —❑— DENOTES WOOD FENCE DENOTES CONCRETE SURFACE DENOTES SANITARY MANHOLE DENOTES ELECTRIC POWER POLE DENOTES DECIDUOUS TREE DENOTES CONIFEROUS TREE DENOTES FINISH FLOOR ELEVATION DENOTES MEASURED DISTANCE DENOTES PLATTED DISTANCE FFE (M) (P) LEGAL DESCRIPTION Lot 3 and 4, Block 13, HERSEY, STAPLES & CO'S ADDITION to Stillwater, Washington County, Minnesota. EXCEPT The North 36.00 feet of Lot 3, Block 13, HERSEY, STAPLES & CO'S ADDITION to Stillwater, Washington County, Minnesota. NOTES 1. THE BASIS OF THE BEARING SYSTEM IS ASSUMED. 2. NO SPECIFIC SOIL INVESTIGATION HAS BEEN COMPLETED 3. NO TITLE INFORMATION WAS PROVIDED FOR THIS SURVEY. THIS SURVEY DOES NOT PURPORT TO SHOW ALL EASEMENTS OF RECORD. 4. EXISTING UTILITIES AND SERVICES SHOWN HEREON OWNER LOCATED EITHER PHYSICALLY ON THE GROUND DURING THE SURVEY OR FROM EXISTING RECORDS MADE AVAILABLE TO US OR BY RESIDENT TESTIMONY. OTHER UTILITIES AND SERVICES MAY BE PRESENT. VERIFICATION AND LOCATION OF UTILITIES AND SERVICES SHOULD BE OBTAIN FROM THE OWNERS OF RESPECTIVE UTILITIES BY CONTACTING GOPHER STATE ONE CALL AT (651) 454-0002 PRIOR TO ANY DESIGN, PLANNING OR EXCAVATION. NO. DATE DESCRIPTION BY BEDS ENGINEERING DESIGN & SURVEYING 6480 Wayzata Blvd. Minneapolis, MN 55426 OFFICE: (763) 545-2800 FAX: (763) 545-2801 EMAIL: inFo®edsmn.com WEBSITE: hllp://edsmn.com I HEREBY CERTIFY THAT THIS SURVEY WAS PREPARED BY ME OR UNDER MY DIRECT SUPERVISION, AND THAT AM A DULY LICENSED 7 LANDNSURVEYOR UNDER THE LAWS OF THE STATE OF MINNESOTA. lead DATED: 7/7/16 VLADIMIR SIVRIVER L.S. NO. 25105 JOB NAME: JOHN SHARKEY FIELD WORK DATE: 02/20/16 DRAWN BY: EP PROJECT NO.: 16-010 LOCATION: 1010 3RD ST S STILLWATL• R, MN 55082 FIELD BOOK NO.: EDS-15 CHECKED BY: VS SHEET NO. 1 OF 1 A x alsH 1 1 y 720 i :.e11.o1 i V1 441 \ \ \ \ x::.... ..__—..wa42,141 +_r+malady \ N N. \\ Xalv,m \ \ N \ x591H . N x 516 \ N f' Xa,{ xao'i] \ \ � f If xapaf � )`�' e1�,�3'«l"E� xEif46a�'xa,laa a \ * x¢5,ex rp�• � 1 N (X91->, Sw f yt\Nn \\ \ \\ :` xe+'eA xeu7i\ x QLMI. \ xeu 7i \ X2,,L571 bxenet \\ \ I i III\ o • , I , \ '' SY \ xb1201 \ ti„ 'tzo,li,90 1 nH a \ \\ I 1 l \ 4 \ 244kil xe101a "� • \ 1 '1 11'1.• 1 j1 1��1l 11.. l.A \ \ x9s24;: %, \ `� _ 1axAi _*117j*-" \\• 1 1� 1111+t.` \� \ �\ �` 1 \ \ \ 14W.V 1 Hl 41 �1 xi\r:7 \+Cct'.ot ��. \_— \ i7i' \ I x e9s 90 T(90159 \ x)Ice 12 1= �ti{ ..0 \ F. \ x 21s _ \ 1 ^\\\ X \.,?'a 1 \ �\ \ \11\ \ N. � x1 \ R, \ 1 \ \ t}, `b \ \ xlimb-..� �,�p� ., N.p, Y 1+ 'el_ .e9\ \ \T2RY52h..—`„- XL.94 a11'41,17 Ittaf —yy a \\ \Xsat `A \ 4� N. XISMS t 491 1 �q 2\▪ \ „ SCALE IN FEET 1a a LEGEND O DENOTES AN INPIAC51•G NCf4IRON PPE MONUMENT Awn MARKED PATN A PLASMIC CAP If9SCRIBED 'STACK, fM1S 17ri4: • LJENOTEs FC%P+O 11D19L91 $T IWiXED AND SIZED AS No1CATED HE199Q9 p' tnIIETY POLE ▪ ^ej . _MOTES EX 11TN9G G9 09J9 CONTOUR e Wit 0 1)•1€a0 11fPluCs1 CAI). )L lJljl, DENOTES 24% OR GREATER SCOPES DENOTES 24% OR OREA7ER SLOPES OVER SD FEE( WIDE ELEVAT10145 SHOWN !HEREON ARE BASED ON LAC; AN SEAL LEVELOATU41 MAV,C•.. IRA ADHU's-WENT, CONTOURS ARE SHOWN AT ACNE F0D1 CONTOUR r1TERVAL. ORIENTATION OF THIS BEARIN0 SY5TEIA 15 INS WASH INGTON COUNTY COORDIIKATE SYS T SM, NAM. 19e0 ADJUSTMENT, DISTANCES ARE W FEET MO (DECIMALS OF' A Far STACK LAND SURVEYING 9090 FAIRY FALLS ROAD NORTH STILLWATER, MN 55082-8567 (651) 439-5630 . --x 02401 1VaW ORWIN CARTER 1029 - 3RD AVENUE SOUTH STILLWATER, MN 55082-5818 5 i X ON 07 040 xsalsa H1 X 013241 X 115 29 ✓hxtAi4r4 I�rtvfi� DESCRIPTION: Lots One (1) and Two (2), Three (3) and Four (4) in Block number thirteen (13), of HERSEY, STAPLES & COS. ADDITION to Stillwater as surveyed and platted and now of record in the office of the Register of Deeds in and for said County of Weshinplon and Slate of Minnesota. PARCEL AREA: 27085 SQUARE FEET( PROJECT LOCATION EAST DUBUQUE STREET 8-THIRD AVENUE SOUTH STILLWATER, MN 55082 3 BOUNDARY TOPOGRAPHIC SURVEY SHEET 01 OF 01 SHEET I HERE 0YKX9E[1FY'T NA1 THIS SURV£Y, 0LAT• 1 l' 7E,47412 OAS. ➢REPA44E21DY ME OR UNDER HYgRECT.IIJ"ERW73NA5;L^ HAY MA 0 DULY 1.3C514<+E11 P17o7F35IONAL 1lbNC EVRYEYOR (ANGER 71-0 LAWS Or TTIE[OATE. ox IANKHESSTJ, NO DATE BY REVISION L.. F. STACY 1:241£ 05929R230.1 LICE'SF.a 13224 tr,43 CV. cosiEa Or TlaS SVRVEY A%E',Ram ZEAL CU. SUBMISSION DATE 07722•20I I DESIGN BY BMS DRAWN BY OLD SLS PROJECT NO Fial- t tMr Visev 4/J,,, L'ri'r tJIrin/ Writ' rev 5111 1vt r Case No.: DP/2016-14 HPC Meeting: 6/6/2016 DESIGN PERMIT Heritage Preservation Meeting Date: 6/6/2016 Action/Vote: Approved 6-0 Description of Project: Consideration of the Design Review of a Stillwater Conservation District infill residence to be located at 1010 3rd Avenue South in the RB - Two Family Residential zoning district. Applicant(s) : Croix Companies, Owner John Sharkey, Owner Project Address: 1010 3rd Avenue South, Stillwater, MN 55082 Property ID No.: 3403020220005 Zoning District: RB Conditions of Approval: 1 Plans shall be generally consistent with those submitted to the Community Development Department on May 20, 2016. 2 The applicant shall side the residence on all four sides, including stonework, as to show no exposed foundation above what is customary for building code prupose. 3 The driveway slope shall be reduced to a grade no greater than 12%. 4 A building permit shall be obtained prior to the construction of the home. 5 A tree replacement plan for the five significant trees shall be submitted for approval as part of the building permit application. Replacement shall follow City Code Section 31-522 and be submitted as part of the grading plan. 6 All minor modifications to the plans shall be approved in advance by the City Planner. All major modifications shall be approved in advance by the HPC. Determination of the distinction between "major" and "minor" is defined in the Zoning Ordinance. We accept the conditions of this permit. We understand that any changes from these plans must be resubmitted for approval. �Owne'r or Representative Ci Date Page 1 of 2 y P -n er Yf J1{7 bate 12 107 Ad••I 1 ANIUiU •i - 41MINEMOMENI1EN aft O C / 11.11111111111I\. / L. J '"- J w- J IL L 1L L 1L L 1L L "- J "- J w- J w- J "- 4L L 4L L 4L L _ _ L �L J "- J ..- j ro- J "- _ L _ -1__ -1.__ -1_ IL —'_ —'_ —'_ —I_._ _L. — J "' J "' J "- J "- __ L __ 1___ L __ 1 �L -� - -� y -� - -� - "- J »- J .- J "' J w- 4L L -1 L 4L L 4L L _4-._ y _1 _� y J "r J IS, J "- _� L _ _ L -A__ - ♦ ✓ / \ / ♦ / \ ♦ ✓ 1 / ♦ 1 / ♦ ♦ 1 \ ♦ ✓ ♦ / 1 ♦ ♦ 1 ♦ / ♦ ✓ / _L'1 Tata ♦ / • ♦ 1 / ♦ ✓ ♦ \ ✓ ♦ 1 • 1 / \ • 1 1 \ \ ♦ 1 ♦ / ♦ ✓ ♦ 1 1 \ ! \ - - - `J W. 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' a i+ a L a L' a i a L a i a i a i a i+ t i a i a 1 y 1„ 1„ 1 y 1 y 1 y 1 y 1 y 1 y 1„ 1„ 1 y 1 y -L y 1 y 1 y 1, a i a 1 a i a i a a a i a a a i a i a a a i a 1 + 1, + 1 1 + 1 + 1-A- + 1 + 1 1 + + 1 1 + 1 + 1-A- + 1 + 1 + -L- a. i a t a t a; a i a t a t a; a i a t a t a; a i a t a t a; a i a t a t a; a i a t a t . LLLLLLLLLLLLLLLLLLLLL„ 1 • . y-eJ_ 1 y 1 y 1 y 1 y 1 y 1 ,, 1 y, 1 y 1 y 1 y 1 y 1 y 1 y 1 ,, 1 y, 1 y 1 1. a 4... "- "- "- L"- "- -a la . a l a y. a y. a i,a ♦ . -L y 1 y 1 y J- y 1 y-- y 1 y 1 y -L y 1 y 1 y 1 + REAR ELEVATION SCALE: I/S' = V—O" RIGHT ELEVATION SCALE: 1/S" = r—On (LAN NOT FOR CONSTUCTIOND NOTE: CzENERAL CONTRACTOR OR BUILDER TO VERIFY ALL PLAN SPECIFICATIONS, DIMENSIONS AND CONDITIONS IN THE FIELD AND BE RESPONSIBLE FOR SAME, 1- lu LU Community Development Dept City of Stillwater 216 North Fourth Street Stillwater, MN 55082 July 9, 2016 Dear Community Development Department, The table below contains families who reside adjacent 1010 3rd Ave S. Their personal signature indicates their support of the variance to move forward with constructing a single family residence at the aforementioned address. Name t * n Address 1 Signature a ''. Akt_ " Respectfully submitted, John Sharkey - Owner Sharkey DesignlBuild 612-327-4457 John(a,SharkeyDesignBuild.com illwater THE B I R T H P t A r E OF MINNESOIA PLANNING COMMISSION MEETING DATE: August 10, 2016 CASE NO.: 2016-29 APPLICANT: Jim and Julie Ligday, property owners REQUEST: Consideration of a variance to City Code Section 31-305, RA one - family district maximum lot coverage for the property located at 1095 Creekside Crossing ZONING: RA - One Family Res. COMP PLAN DISTRICT: LDR - Low Density Res. PREPARED BY: Abbi Jo Wittman, City Planner SPECIFIC REQUEST Jim and Julie Ligday would like to construct a 960 square foot pool and deck area. However, the existing improvements on the lot nearly total the maximum allowable coverage for the RA - One Family Residential District. Therefore, the property owner is seeking a 935 square foot variance to the 30% maximum square foot coverage for the installation of a pool and appurtenances thereof. REVIEW STANDARDS The purpose of the variance application 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." Section 31-208 further indicates: • Economic considerations alone do not constitute practical difficulties. • 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 applicant must demonstrate that: The variance is in harmony with the general purposes and intent of this chapter. Case No. 2016-29 CPC: August 10, 2016 Page 1 of 3 The purpose of the maximum lot coverages is to promote natural infiltration while protecting the natural resources in the Stillwater area. The Creekside Crossing neighborhood is located within a close proximity to Browns Creek tributaries. Therefore, the increase of impervious surface area on this property is not consistent with the general purposes and intent of the Zoning Code. Although the property owner is seeking to install a natural infiltration area to help offset the increase in runoff from this property, the City's zoning code do not encourage this as a means for allowing the increase in maximum coverage. The variance is consistent with the comprehensive plan. Chapter 3 of the Comprehensive Plan identifies this property as part of a Groundwater Sensitive Recharge Areal due to the Brown's Creek trout stream's reliance on ground water discharge to maintain flows and temperatures ideal for trout habitat. The reduction of permeable surface area on this property may not only increase runoff but reduce the likelihood of natural infiltration. 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 increase of coverage greater than 30% is not allowed in any RA - One Family Residential property. As the proposed increase is for a recreational facility, and not a residential need, the proposed use is not reasonable on this lot that already nearly exceeds the maximum coverage at this time. The plight of the landowner is due to circumstances unique to the property and that are not created by the landowner; and There is no uniqueness to this property. Although it is surrounded by larger tracks of land, it is located within one-half block of the Eagle Ridge neighborhood which has parcels of similar size. Additionally, in 2000 the property was split off from the parcel to the east. The former property owner retained the land area for a pool on that portion, while maximizing the buildability of the parcel(s) to the west. The regulations in effect at this time have been in effect since prior to the lot split, as well as since the current property owners have owned the parcel. The variance, if granted, will not alter the essential character of the locality. As the pool will be located in the rear yard, the essential character of the neighborhood will remain the same. ALTERNATIVES The City Council has the following options: See figure on page 3-14 The Planning Commission has the following options: 1. Make findings practical difficulties do exist for the property owner and approve a 935 square foot variance to the 30% maximum lot coverage identified in City Code Section 31-305 to be located at 1095 Creekside Crossing, 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: a. Plans shall be substantially similar to those on file with the Community Development Department's Case No. 2016-29. b. A building permit shall be reviewed and approved prior to the construction of the pool and fence area. c. A grading plan shall be required and will include, but not be limited to, the infiltration area proposed. d. 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. FINDINGS AND RECOMMENDATION Staff finds practical difficulty has not been established in that what is proposed is not reasonable given the impact to the Brown's Creek watershed and that the property presents no uniqueness and that the actions are a result of the property owner. On the basis practical difficulty has not been established, staff recommends denial of Case No. 2016-29. ATTACHMENTS Site Location Map Applicant Narrative (2 pages) Aerial Imagery (3 pages) Certificate of Survey Site Plan Surface Coverage Calculations Infiltration Proposal G 3I[DG:E,,T' :" 1 _ - EA.-- l ch,FF t (Water �5/' y r AA The Birthplace of Minnesota 1095 Creekside Crossing R' .✓G., [2 ��_ r , ' Yam. _ f 4 .: CI Subject Parcel Parcel Boundaries �N— Municipal Boundary J + � 1 L I ... . u `. � a an ` } Y U,� L ,.. a 0 130 260 520 Feet a 4, 4k etn'* �y� General Site Location M1 .. 'OY. 1c Ikeal a r ' .ApdS'u sue. iZ �,j[ 0 in . • ♦♦ Dear City of Stillwater, Planning Commission, My name is Julie Ligday, my husband and I, Jim Ligday reside at 1095 Creekside Crossing. We would like to have a pool put in. Our project was denied due to impervious surface guidelines. I met with Abbi Jo Whittman previously to attempt to work with the city on various adjustments, we could make, to our project to help meet city requirements. Section I of variance The variance is in harmony with the general purposes and intent of this chapter. We are a single family home proposing a pool project. We have lived at the property since August of 2002. We live in a residential zone. Section II of variance The variance is consistent with the comprehensive plan. We are in a residential area and are attempting to comply with the overall comprehensive plans the City of Stillwater as set worth. Section III of variance, part (i) 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. Land/lot is in the RA section, Lot 2, Block 1, Neal Meadows 2nd Addition. We are a single family home. We are zoned as residential and do not plan to make changes to the property that would change that. Our project is planned to enhance the above said property. Section III of variance, part (ii) The plight of the landowner is due to circumstances unique to the property and that are not created by the landowner. Our property is unique in that we are surrounded by larger properties composed of large green spaces. Both properties to the east of us are between 1-3 acres. The property to the north of me is comprised of that 3 acres. Please see attached arial pictures. We have a large green space located at Creekside Circle, Creekside Park. This property also has a run off pond. At the north end of our neighbor we are surrounded by Browns Creek Park. To the West of us is wet lands. Section III of variance, part (iii) The variance, if granted, will not alter the essential character of the neighborhood. We are a single family home. Our lot is completely fenced. We have no intentions of changing the look or character of our neighborhood and/or home. If anything we hope to enhance the property value. We have spoken with several neighbors both surrounding us and distal to us and they are aware of our project and have verbalized no objections. My husband was born and raised in Stillwater. His family owned a travel agency, Trade Wind Travel, in the 90s downtown Stillwater. He left Stillwater to attend college however we choose return to Stillwater and raise our family here because of his roots and the unique character and charm of this beautiful city. We are both very active in the community volunteering for both girl scouts and boy scouts as well as VAA. We would very much like to stay in our current home and work with the city of Stillwater in order to meet the wishes of both parties. We have worked with Ken Ronsberg, Engineer to make several adjustments to our project in order to better comply with the city guidelines. We have adjusted the size of our pool and incorporated a drainage system complete with drain tile to help control water runoff on our property. Currently we have a gutter system around the entire roof of our home with down spouts diverted to the current flower gardens on the property. I am aware of 2 new neighborhoods currently being developed to the North of my neighborhood which directly impact Brown's Creek. One of which is said to have 14 new homes and one of which is said to have 24 new twin homes. The latter backs up to a lake and both sit on top of Brown's Creek. There is also proposal of a new development to sit along Manning backing up to Settlers Glen which sits on Brown's Creek. I am also aware on other various neighbor hood projects the total amount of green space on and surrounding the development helps to determine various projects such as pools. I am in hopes you will review the arial photos I have attached to see we are surrounded by a large amount of green space and let that also be a deciding factor. We look forward to working with you in the future. Sincerely, Jim and Julie Ligday 1095 Creekside Crossing 10:25 PM Bird's Eye Dad X Map 100% m Dad I.:" 10:24 PM X Bird's Eye Map 100% /csth co mentIONMPINP— 'M1ttme o, Date !Iy _Remtxl.a,--- — r dr cABLE ffrosrArs r/iM/NO JS r 'OOR/1 f�O 1 &242'-19"E 24, 2 Y'""`, s r^ 4---4-/S774/c /71 16 hereby cvllly Thal Vile pion rot prop/red Uy me c Imder my Old out+nr Ile, on7 Ih I 1 am duly R,gIelaeA Pro aeelmd land Surwrx under IP lo•i of the Slate el unrnoto, Ham! foul h Johnsen 6 et'. 145.30 (AS 0 Zoe Pro used Pool Pro os8X32 p d Elevation (9O1.25) 9z-z06 9zz06 X 1 I I 16 I I Scale Dee* ed Ikoen MIS Dote DI D? 1I7 EngMsernhg • Planning • SurNylhg F!O!O tM k* /IN1 • • MM7 Ma,• 1e.1/I/E-dO(O r br �J 11FJ0.1t 20 0 20 !6111,6 C) DENOTES IRON MONUMENT SET DENOTES IRON MONUMENT FOUND (123,4) DENOTES PROPOSED ELEVATION DENOTES DIRECTION OF SURFACE DRAINAGE SCALE IN FEET EXISTING FIRST FLOOR ELEVATION=903.11 EXISTING GARAGE FLOOR ELEVATION=901.66 PROPOSED TOP OF FOUNDATION ELEVATION=902,8 PROPOSED GARAGE FLOOR ELEVATION=900.8 PROPOSED LOWEST FLOOR ELEVATION=894,5 WE HEREBY CERTIFY THAT THIS IS A TRUE AND CORRECT REPRESENTATION OF A SURVEY OF THE BOUNDARIES OFI LOT 3, BLOCK 1, NEAL MEADOWS 2ND ADDITION, WASHINGTON COUNTY, MINNESOTA AND THE LOCATION OF ALL BUILDINGS, IF ANY, THEREON, AND ALL VISIBLE ENCROACHMENTS, IF ANY, FROM OR ON SAID LAND. IT ALSO SHOWS THE LOCATION OF THE STAKES AS SET FOR PROPOSED BUILDING. AS SURVEYED BY ME OR UNDER MY DIRECT SUPERVISION THIS 7TH DAY OF JANUARY, 2001 Client Manchester Homes Stftater. MH MCCOMBS FRANK ROTS ASSOCIATES, INC. BYI PAUL A JOHNSON LAND SURVEYOR, MINN. LIC. Prollct Lot 2, Block 1, NEAL MEADOWS 2ND ADDITION Stillwater, MM 10938 Rol nth As-bultt Survey S at 1� Prepared By. TM Performance Pool & Spa 2405 Annapolis Lane Plymouth, MN 55441 (651) 775 - 3940 (651) 731 - 8372 Fax Attn: Ken Ronsberg Kenronsberg a[�3Comcast net Home Owner : James & Julie Ligday 1095 Creekside Crossing Stillwater, MN 55082 ( 651 ) 430 - 1784 Lot - 3 Block - 1 Subdivision - Neal Meadows 2nd Add P I D 30-130-20-11-0022 Pool Dimensions Width X Length Pool (18 X 32 ) Deck (24 X 40 ) ( 955.35 ) Denotes Proposed Elevation X 955.35 Denotes Existing Elevation Denotes Drainage Direction X X Denotes Sift Fence Scale -1 Inch = 20 Feet City Codes / Setbacks Principal - 10' Water Side - 10' Concrete Rear - 10 ' Concrete Equipment - Same S & R Fence - 4 ' TaII Septic -10' Water Well - 20' Water Drainfield - 20' Water 4' Wide Gate/ Self-closing/Self-Latching! ( Existing ) 4' Tall Wood Fence Proposed Retaining Well TOW 902.50 BOW 901.25 DRIVEWAY Sidewalk GARAGE HOUSE 901.5'0 Existing Concrete Patio .4- Porch Pool Equipment u PERFORMANCE Name Address Performance Pool & Spa 1890 Wooddale Drive Woodbury, MN 55125 ( 651) 775 - 3940 Attn: Ken Ronsberg Impervious Surface Calculations PID 30-027-24-14-0005 James & Julie Ligday 1095 Creekside Crossing City Stillwater, MN 55082 Phone No. Lot 3 Block 1 Subdivision - Neal Meadows 2 nd Add. Total Lot Area = 12,002 30 % Allowable = 3,600 House & Garage = 1,752 Porch = 168 Driveway = 995 Sidewalk = 96 Concrete Patio = 564 Current Coverage= 3,575 Area Remaining = 25 Proposed Pool Project Pool & Deck = 960 Current Coverage = 3,575 Pool & Deck = 960 Total Proposed = 4,535 30 % Allowable = 3,600 Area Over = 935 37.8 % Please CaII With any questions: Ken Ronsberg Lay -Out Engineer PPS ( 651 ) 775 - 3940 Prepared By : Performance Pool & Spa Ken Ronsberg Lay - Out Engineer ( 651) 775 - 3940 Kenronsberg@Comcast.net Name Jame & Julie Ligday Address 1095 Creekside Crossing City Stillwater, MN 55082 Lot 3 Block 1 Subdivision - Neal Meadows 2nd Add Ligday Pool Project Storm Water Management Plan PID 30-027-24-14-0005 New Impervious Surface Area = 935 Sq. Ft. ( 935 X 1.1" / 12 ) = 86 Cu. Ft. Filtration Volume Proposed Mitigation area 2 ' Wide 2 ' Deep 39 ' Long = 88 Cubic Feet C V GRASS AND TOP SOIL ram z Ja9 3�3L?�7;p a� ,,9 �q }tl s� Cfr�4J 0C 063QtLiS.!.0 c c a 2 WASHED PEA ROCK INFILTRATION AREA PLANNING COMMISSION DATE: July, 2016 CASE NO. 2016-30 APPLICANT: City of Stillwater SUBJECT: Temporary family health care dwellings PREPARED BY: Bill Turnblad, Community Development Director BACKGROUND On July 15, 2016 the City Council directed staff to draft an ordinance opting out of Minnesota Statute § 462.3593. This statute permits and regulates "temporary family health care dwellings", but gives municipalities the alternative to opt -out of the statute. Staff published a notice in the Gazette with the following hearing dates. August 3, 2016 City Council holds the first reading. August 10, 2016 the Planning Commission conducts a public hearing. August 16, 2016 City Council holds a second reading and could adopt ordinance. COMMENTS The highlights of the health care dwelling law include: • A relative is in need of care, physical or mental. • A caregiver would be allowed to have a trailer ("temporary family health care dwelling") placed in their yard for the relative in need of care. Presumably this is in or next to the driveway. • The temporary family health care dwelling would have to be 300 square feet of less in area (up to about a 38 foot trailer). • The permit must be issued by the City if the trailer/unit meets setbacks and other statutory standards, regardless whether the City prohibits parking in yards, Health Care Dwellings August 4, 2016 Page 2 prohibits extra accessory structures, or requires specific percentages of open space, etc. • The permit is valid for 6 months, but can be extended for another 6 months: a maximum of 12 months total. • On and after September 1, 2016 any person meeting the standards of the law must be issued a permit for a health care trailer. • The law provides an option for a City to opt -out of the law. • Most metro area suburbs have or are opting out. ALTERNATIVES 1) If the Planning Commission believes the temporary family health care dwelling law is a good fit for Stillwater, recommend that the City Council allow the law to become effective. 2) If the Planning Commission believes the temporary family health care dwelling law is not a good fit for Stillwater, recommend that the City Council adopt the attached ordinance opting out. Attachment: Ordinance Statute League of MN Cities FAQs Chapter 111 - Minnesota Session Laws Page 1 of 6 53 494V lqqhvnAcilVhvvIrq#0dz Nh I =# #+5 ,#bhz #kalai xdj h CHAPTER 111--S.F.No. 2555 An act relating to local government; regulating zoning of temporary family health care dwellings; establishing temporary dwelling permits; amending Minnesota Statutes 2014, section 144D.01, subdivision 4; proposing coding for new law in Minnesota Statutes, chapters 394; 462. BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA: Section 1. Minnesota Statutes 2014, section 144D.01, subdivision 4, is amended to read: Subd. 4. Housing with services establishment or establishment. (a) "Housing with services establishment" or "establishment" means: (1) an establishment providing sleeping accommodations to one or more adult residents, at least 80 percent of which are 55 years of age or older, and offering or providing, for a fee, one or more regularly scheduled health -related services or two or more regularly scheduled supportive services, whether offered or provided directly by the establishment or by another entity arranged for by the establishment; or (2) an establishment that registers under section 144D.025. (b) Housing with services establishment does not include: (1) a nursing home licensed under chapter 144A; (2) a hospital, certified boarding care home, or supervised living facility licensed under sections 144.50 to 144.56; (3) a board and lodging establishment licensed under chapter 157 and Minnesota Rules, parts 9520.0500 to 9520.0670, 9525.0215 to 9525.0355, 9525.0500 to 9525.0660, or 9530.4100 to 9530.4450, or under chapter 245D; (4) a board and lodging establishment which serves as a shelter for battered women or other similar purpose; (5) a family adult foster care home licensed by the Department of Human Services; (6) private homes in which the residents are related by kinship, law, or affinity with the providers of services; (7) residential settings for persons with developmental disabilities in which the services are licensed under Minnesota Rules, parts 9525.2100 to 9525.2140, or applicable successor rules or laws; (8) a home -sharing arrangement such as when an elderly or disabled person or single -parent family makes lodging in a private residence available to another person in exchange for services or rent, or both; (9) a duly organized condominium, cooperative, common interest community, or owners' association of the foregoing where at least 80 percent of the units that comprise the condominium, cooperative, or common interest community are occupied by individuals who are the owners, members, or shareholders of the units; Of https://www.revisor.mn.gov/laws/?year=2016&type=0&doctype=Chapter&id=111 6/22/2016 Chapter 111 - Minnesota Session Laws Page 2 of 6 (10) services for persons with developmental disabilities that are provided under a license according to Minnesota Rules, parts 9525.2000 to 9525.2140 in effect until January 1, 1998, or under chapter 245D; or (11) a temporary family health care dwelling as defined in sections 394.307 and 462.3593. Sec. 2. 1394.3071 TEMPORARY FAMILY HEALTH CARE DWELLINGS. Subdivision 1. Definitions. (a) For purposes of this section, the following terms have the meanings given. (b) "Caregiver" means an individual 18 years of age or older who: (1) provides care for a mentally or physically impaired person; and (2) is a relative, legal guardian, or health care agent of the mentally or physically impaired person for whom the individual is caring. (c) "Instrumental activities of daily living" has the meaning given in section 256B.0659, subdivision 1, paragraph (i). (d) "Mentally or physically impaired person" means a person who is a resident of this state and who requires assistance with two or more instrumental activities of daily living as certified in writing by a physician, a physician assistant, or an advanced practice registered nurse licensed to practice in this state. (e) "Relative" means a spouse, parent, grandparent, child, grandchild, sibling, uncle, aunt, nephew, or niece of the mentally or physically impaired person. Relative includes half, step, and in-law relationships. (f) "Temporary family health care dwelling" means a mobile residential dwelling providing an environment facilitating a caregiver's provision of care for a mentally or physically impaired person that meets the requirements of subdivision 2. Subd. 2. Temporary family health care dwelling. A temporary family health care dwelling must: (1) be primarily assembled at a location other than its site of installation; (2) be no more than 300 gross square feet; (3) not be attached to a permanent foundation; (4) be universally designed and meet state -recognized accessibility standards; (5) provide access to water and electric utilities either by connecting to the utilities that are serving the principal dwelling on the lot or by other comparable means; (6) have exterior materials that are compatible in composition, appearance, and durability to the exterior materials used in standard residential construction; (7) have a minimum insulation rating of R-15; (8) be able to be installed, removed, and transported by a one -ton pickup truck as defined in section 168.002, subdivision 21b, a truck as defined in section 168.002, subdivision 37, or a truck tractor as defined in section 168.002, subdivision 38; (9) be built to either Minnesota Rules, chapter 1360 or 1361, and contain an Industrialized Buildings Commission seal and data plate or to American National Standards Institute Code 119.2; and (10) be equipped with a backflow check valve. Subd. 3. Temporary dwelling permit; application. (a) Unless the county has designated temporary family health care dwellings as permitted uses, a temporary family https://www.revisor.mn.gov/laws/?year=2016&type=0&doctype=Chapter&id=111 6/22/2016 Chapter 111 - Minnesota Session Laws Page 3 of 6 health care dwelling is subject to the provisions in this section. A temporary family health care dwelling that meets the requirements of this section cannot be prohibited by a local ordinance that regulates accessory uses or recreational vehicle parking or storage. (b) The caregiver or relative must apply for a temporary dwelling permit from the county. The permit application must be signed by the primary caregiver, the owner of the property on which the temporary family health care dwelling will be located, and the resident of the property if the property owner does not reside on the property, and include: (1) the name, address, and telephone number of the property owner, the resident of the property if different from the owner, and the primary caregiver responsible for the care of the mentally or physically impaired person; and the name of the mentally or physically impaired person who will live in the temporary family health care dwelling; (2) proof of the provider network from which the mentally or physically impaired person may receive respite care, primary care, or remote patient monitoring services; (3) a written certification that the mentally or physically impaired person requires assistance with two or more instrumental activities of daily living signed by a physician, a physician assistant, or an advanced practice registered nurse licensed to practice in this state; (4) an executed contract for septic service management or other proof of adequate septic service management; (5) an affidavit that the applicant has provided notice to adjacent property owners and residents of the application for the temporary dwelling permit; and (6) a general site map to show the location of the temporary family health care dwelling and other structures on the lot. (c) The temporary family health care dwelling must be located on property where the caregiver or relative resides. A temporary family health care dwelling must comply with all setback requirements that apply to the primary structure and with any maximum floor area ratio limitations that may apply to the primary structure. The temporary family health care dwelling must be located on the lot so that septic services and emergency vehicles can gain access to the temporary family health care dwelling in a safe and timely manner. (d) A temporary family health care dwelling is limited to one occupant who is a mentally or physically impaired person. The person must be identified in the application. Only one temporary family health care dwelling is allowed on a lot. (e) Unless otherwise provided, a temporary family health care dwelling installed under this section must comply with all applicable state law and local ordinances. Subd. 4. Initial permit term; renewal. The initial temporary dwelling permit is valid for six months. The applicant may renew the permit once for an additional six months. Subd. 5. Inspection. The county may require that the permit holder provide evidence of compliance with this section as long as the temporary family health care dwelling remains on the property. The county may inspect the temporary family health care dwelling at reasonable times convenient to the caregiver to determine if the temporary family health care dwelling is occupied and meets the requirements of this section. Subd. 6. Revocation of permit. The county may revoke the temporary dwelling permit if the permit holder violates any requirement of this section. If the county revokes a permit, the permit holder has 60 days from the date of revocation to remove the temporary family health care dwelling. https://www.revisor.mn.gov/laws/?year=2016&type=0&doctype=Chapter&id=111 6/22/2016 Chapter 111 - Minnesota Session Laws Page 4 of 6 Subd. 7. Fee. Unless otherwise specified by an action of the county board, the county may charge a fee of up to $100 for the initial permit and up to $50 for a renewal of the permit. Subd. 8. No public hearing required; application of section 15.99. (a) Due to the time -sensitive nature of issuing a temporary dwelling permit for a temporary family health care dwelling, the county does not have to hold a public hearing on the application. (b) The procedures governing the time limit for deciding an application for the temporary dwelling permit under this section are governed by section 15.99, except as provided in this section. The county has 15 days to issue a permit requested under this section or to deny it, except that if the county board holds regular meetings only once per calendar month the county has 30 days to issue a permit requested under this section or to deny it. If the county receives a written request that does not contain all required information, the applicable 15-day or 30-day limit starts over only if the county sends written notice within five business days of receipt of the request telling the requester what information is missing. The county cannot extend the period of time to decide. Subd. 9. Opt -out. A county may by resolution opt -out of the requirements of this section. Sec. 3. 1462.35931 TEMPORARY FAMILY HEALTH CARE DWELLINGS. Subdivision 1. Definitions. (a) For purposes of this section, the following terms have the meanings given. (b) "Caregiver" means an individual 18 years of age or older who: (1) provides care for a mentally or physically impaired person; and (2) is a relative, legal guardian, or health care agent of the mentally or physically impaired person for whom the individual is caring. (c) "Instrumental activities of daily living" has the meaning given in section 256B.0659, subdivision 1, paragraph (i). (d) "Mentally or physically impaired person" means a person who is a resident of this state and who requires assistance with two or more instrumental activities of daily living as certified in writing by a physician, a physician assistant, or an advanced practice registered nurse licensed to practice in this state. (e) "Relative" means a spouse, parent, grandparent, child, grandchild, sibling, uncle, aunt, nephew, or niece of the mentally or physically impaired person. Relative includes half, step, and in-law relationships. (f) "Temporary family health care dwelling" means a mobile residential dwelling providing an environment facilitating a caregiver's provision of care for a mentally or physically impaired person that meets the requirements of subdivision 2. Subd. 2. Temporary family health care dwelling. A temporary family health care dwelling must: (1) be primarily assembled at a location other than its site of installation; (2) be no more than 300 gross square feet; (3) not be attached to a permanent foundation; (4) be universally designed and meet state -recognized accessibility standards; (5) provide access to water and electric utilities either by connecting to the utilities that are serving the principal dwelling on the lot or by other comparable means; https://www.revisor.mn.gov/laws/?year=2016&type=0&doctype=Chapter&id=111 6/22/2016 Chapter 111 - Minnesota Session Laws Page 5 of 6 (6) have exterior materials that are compatible in composition, appearance, and durability to the exterior materials used in standard residential construction; (7) have a minimum insulation rating of R-15; (8) be able to be installed, removed, and transported by a one -ton pickup truck as defined in section 168.002, subdivision 21b, a truck as defined in section 168.002, subdivision 37, or a truck tractor as defined in section 168.002, subdivision 38; (9) be built to either Minnesota Rules, chapter 1360 or 1361, and contain an Industrialized Buildings Commission seal and data plate or to American National Standards Institute Code 119.2; and (10) be equipped with a backflow check valve. Subd. 3. Temporary dwelling permit; application. (a) Unless the municipality has designated temporary family health care dwellings as permitted uses, a temporary family health care dwelling is subject to the provisions in this section. A temporary family health care dwelling that meets the requirements of this section cannot be prohibited by a local ordinance that regulates accessory uses or recreational vehicle parking or storage. (b) The caregiver or relative must apply for a temporary dwelling permit from the municipality. The permit application must be signed by the primary caregiver, the owner of the property on which the temporary family health care dwelling will be located, and the resident of the property if the property owner does not reside on the property, and include: (1) the name, address, and telephone number of the property owner, the resident of the property if different from the owner, and the primary caregiver responsible for the care of the mentally or physically impaired person; and the name of the mentally or physically impaired person who will live in the temporary family health care dwelling; (2) proof of the provider network from which the mentally or physically impaired person may receive respite care, primary care, or remote patient monitoring services: (3) a written certification that the mentally or physically impaired person requires assistance with two or more instrumental activities of daily living signed by a physician, a physician assistant, or an advanced practice registered nurse licensed to practice in this state; (4) an executed contract for septic service management or other proof of adequate septic service management; (5) an affidavit that the applicant has provided notice to adjacent property owners and residents of the application for the temporary dwelling permit; and (6) a general site map to show the location of the temporary family health care dwelling and other structures on the lot. (c) The temporary family health care dwelling must be located on property where the caregiver or relative resides. A temporary family health care dwelling must comply with all setback requirements that apply to the primary structure and with any maximum floor area ratio limitations that may apply to the primary structure. The temporary family health care dwelling must be located on the lot so that septic services and emergency vehicles can gain access to the temporary family health care dwelling in a safe and timely manner (d) A temporary family health care dwelling is limited to one occupant who is a mentally or physically impaired person. The person must be identified in the application. Only one temporary family health care dwelling is allowed on a lot. https://www.revisor.mn.gov/laws/?year=2016&type=0&doctype=Chapter&id=111 6/22/2016 Chapter 111 - Minnesota Session Laws Page 6 of 6 (e) Unless otherwise provided, a temporary family health care dwelling installed under this section must comply with all applicable state law, local ordinances, and charter provisions. Subd. 4. Initial permit term; renewal. The initial temporary dwelling permit is valid for six months. The applicant may renew the permit once for an additional six months. Subd. 5. Inspection. The municipality may require that the permit holder provide evidence of compliance with this section as long as the temporary family health care dwelling remains on the property. The municipality may inspect the temporary family health care dwelling at reasonable times convenient to the caregiver to determine if the temporary family health care dwelling is occupied and meets the requirements of this section. Subd. 6. Revocation of permit. The municipality may revoke the temporary dwelling permit if the permit holder violates any requirement of this section. If the municipality revokes a permit, the permit holder has 60 days from the date of revocation to remove the temporary family health care dwelling. Subd. 7. Fee. Unless otherwise provided by ordinance, the municipality may charge a fee of up to $100 for the initial permit and up to $50 for a renewal of the permit. Subd. 8. No public hearing required; application of section 15.99. (a) Due to the time -sensitive nature of issuing a temporary dwelling permit for a temporary family health care dwelling, the municipality does not have to hold a public hearing on the application. (b) The procedures governing the time limit for deciding an application for the temporary dwelling permit under this section are governed by section 15.99, except as provided in this section. The municipality has 15 days to issue a permit requested under this section or to deny it, except that if the statutory or home rule charter city holds regular meetings only once per calendar month the statutory or home rule charter city has 30 days to issue a permit requested under this section or to deny it. If the municipality receives a written request that does not contain all required information, the applicable 15-day or 30- day limit starts over only if the municipality sends written notice within five business days of receipt of the request telling the requester what information is missing. The municipality cannot extend the period of time to decide. Subd. 9. Opt -out. A municipality may by ordinance opt -out of the requirements of this section. Sec. 4. EFFECTIVE DATE. This act is effective September 1, 2016, and applies to temporary dwelling permit applications made under this act on or after that date. Presented to the governor May 12, 2016 Signed by the governor May 12, 2016, 1:27 p.m. F rs 1 ulj kw*, #5 3 4 9 #le # nkh*Jhylvr i#VudwxvhvAvurb ii#4i# lgghvrvd]#D atiulj kw hvhuyhg_ https://www.revisor.mn.gov/laws/?year=2016&type=0&doctype=Chapter&id=111 6/22/2016 LEAGUE OF MINNESOTA CITIES CONNECTING & INNOVATING SINCE 1913 Temporary Family Health Care Dwellings of 2016 Allowing Temporary Structures — What it means for Cities Introduction: On May 12, 2016, Governor Dayton signed, into law, a bill creating a new process for landowners to place mobile residential dwellings on their property to serve as a temporary family health care dwelling.1 Community desire to provide transitional housing for those with mental or physical impairments and the increased need for short term care for aging family members served as the catalysts behind the legislature taking on this initiative. The resulting legislation sets forth a short term care alternative for a "mentally or physically impaired person", by allowing them to stay in a "temporary dwelling" on a relative's or caregiver's property.2 Where can I read the new law? Until the state statutes are revised to include bills passed this session, cities can find this new bill at 2016 Laws, Chapter 111. Does the law require cities to follow and implement the new temporary family health care dwelling law? Yes, unless a city opts out of the new law or currently allows temporary family health care dwellings as a permitted use. Considerations for cities regarding the opt -out? These new temporary dwellings address an emerging community need to provide more convenient temporary care. Cities may want to consider the below when analyzing whether or not to opt out: • The new law alters a city's level of zoning authority for these types of structures. • While the city's zoning ordinances for accessories or recreational vehicles do not apply, these structures still must comply with setback requirements. • A city's zoning and other ordinances, other than its accessory use or recreational vehicle ordinances, still apply to these structures. Because conflicts may arise between the statute and a city's local ordinances, cities should confer with their city attorneys to analyze their current ordinances in light of the new law. • Although not necessarily a legal issue for the city, it seems worth mentioning that the permit process does not have the individual with the physical or mental impairment or that ' 2016 Laws, Chapter 111. 2 Some cities asked if other states have adopted this type of law. The only states that have a somewhat similar statute at the time of publication of this FAQ are North Carolina and Virginia. It is worth noting that some states have adopted Accessory Dwelling Unit (ADU) statutes to allow granny flats, however, these ADU statutes differ from Minnesota's Temporary Health Care Dwelling law. 145 UNIVERSITY AVE. WEST ST. PAUL, MN 55103-2044 PHONE: (651) 281-1200 FAX: (651) 281-1299 TOLL FREE: (800) 925-1122 WEB: WWWLMC.ORG Temporary Family HealthCare Dwellings June 9, 2016 Page 2 individual's power of attorney sign the permit application or a consent to release his or her data. • The application's data requirements may result in the city possessing and maintaining nonpublic data governed by the Minnesota Government Data Practices Act. • The new law sets forth a permitting system for both cities and counties3. Cities should consider whether there is an interplay between these two statutes. Do cities need to do anything to have the new law apply in their city? No, the law goes into effect September 1, 2016 and automatically applies to all cities that do not opt out or don't already allow temporary family health care dwellings as a permitted use under their local ordinances. By September 1, 2016, however, cities will need to be prepared to accept applications, must have determined a permit fee amount4 (if the city wants to have an amount different than the law's default amount), and must be ready to process the permits in accordance with the short timeline required by the law. What if a city already allows a temporary family health care dwelling as a permitted use? If the city already has designated temporary family health care dwellings as a permitted use, then the law does not apply and the city follows its own ordinance. The city should consult its city attorney for any uncertainty about whether structures currently permitted under existing ordinances qualify as temporary family health care dwellings. What process should the city follow if it chooses to opt out of this statute? Cities that wish to opt out of this law must pass an ordinance to do so. The statute does not provide clear guidance on how to treat this opt -out ordinance However, since the new law adds section 462.3593 to the land use planning act (Minn. Stat. ch. 462), arguably, it may represent the adoption or an amendment of a zoning ordinance, triggering the requirements of Minn. Stat. § 462.357, subd. 2-4, including a public hearing with l0-day published notice. Therefore, cities may want to err on the side of caution and treat the opt -out ordinance as a zoning provision.5 Does the League have a model ordinance for opting out of this program? Yes. Link to opt out ordinance here: Temporary Family Health Care Dwellings Ordinance Can cities partially opt out of the temporary family health care dwelling law? 3 See Minn. Stat. §394.307 a Cities do have flexibility as to amounts of the permit fee. The law sets, as a default, a fee of $100 for the initial permit with a $50 renewal fee, but authorizes a city to provide otherwise by ordinance. 5 For smaller communities without zoning at all, those cities still need to adopt an opt -out ordinance. In those instances, it seems less likely that the opt -out ordinance would equate to zoning. Because of the ambiguity of the statute, cities should consult their city attorneys on how best to approach adoption of the opt -out ordinance for their communities. Temporary Family HealthCare Dwellings June 9, 2016 Page 3 Not likely. The opt -out language of the statute allows a city, by ordinance, to opt out of the requirements of the law but makes no reference to opting out of parts of the law. If a city wanted a program different from the one specified in statute, the most conservative approach would be to opt out of the statute, then adopt an ordinance structured in the manner best suited to the city. Since the law does not explicitly provide for a partial opt out, cites wanting to just partially opt out from the statute should consult their city attorney. Can a city adopt pieces of this program or change the requirements listed in the statute? Similar to the answer about partially opting out, the law does not specifically authorize a city to alter the statutory requirements or adopt only just pieces of the statute. Several cities have asked if they could add additional criteria, like regulating placement on driveways, specific lot size limits, or anchoring requirements. As mentioned above, if a city wants a program different from the one specified in the statute, the most conservative approach would involve opting out of the statute in its entirety and then adopting an ordinance structured in the manner best suited to the city. Again, a city should consult its city attorney when considering adopting an altered version of the state law. What is required in an application for a temporary family health care dwelling permit? The mandatory application requests very specific information including, but not limited to:6 • Name, address, and telephone number of the property owner, the resident of the property (if different than the owner), and the primary care giver; • Name of the mentally or physically impaired person; • Proof of care from a provider network, including respite care, primary care or remote monitoring; • Written certification signed by a Minnesota licensed physician, physician assistant or advanced practice registered nurse that the individual with the mental or physical impairment needs assistance performing two or more "instrumental activities of daily life;"7 • An executed contract for septic sewer management or other proof of adequate septic sewer management; • An affidavit that the applicant provided notice to adjacent property owners and residents; • A general site map showing the location of the temporary dwelling and the other structures on the lot; and • Compliance with setbacks and maximum floor area requirements of primary structure. 6 New Minn. Stat. § 462.3593, subd. 3 sets forth all the application criteria. 7 This is a term defined in law at Minn. Stat. § 256B.0659, subd. 1(i) as "activities to include meal planning and preparation; basic assistance with paying bills; shopping for food, clothing, and other essential items; performing household tasks integral to the personal care assistance services; communication by telephone and other media; and traveling, including to medical appointments and to participate in the community." Temporary Family HealthCare Dwellings June 9, 2016 Page 4 The law requires all of the following to sign the application: the primary caregiver, the owner of the property (on which the temporary dwelling will be located) and the resident of the property (if not the same as the property owner). However, neither the physically disabled or mentally impaired individual nor his or her power of attorney signs the application. Who can host a temporary family health care dwelling? Placement of a temporary family health care dwelling can only be on the property where a "caregiver" or "relative" resides. The statute defines caregiver as "an individual, 18 years of age or older, who: (1) provides care for a mentally or physically impaired person; and (2) is a relative, legal guardian, or health care agent of the mentally or physically impaired person for whom the individual is caring." The definition of "relative" includes "a spouse, parent, grandparent, child, grandchild, sibling, uncle, aunt, nephew or niece of the mentally or physically impaired person. Relative also includes half, step and in-law relationships." Is this program just for the elderly? No. The legislature did not include an age requirement for the mentally or physically impaired dweller. 8 Who can live in a temporary family health care dwelling and for how long? The permit for a temporary health care dwelling must name the person eligible to reside in the unit. The law requires the person residing in the dwelling to qualify as "mentally or physically impaired," defined as "a person who is a resident of this state and who requires assistance with two or more instrumental activities of daily living as certified by a physician, a physician assistant, or an advanced practice registered nurse, licenses to practice in this state." The law specifically limits the time frame for these temporary dwellings permits to 6 months, with a one-time 6 month renewal option. Further, there can be only one dwelling per lot and only one dweller who resides within the temporary dwelling What structures qualify as temporary family health care dwellings under the new law? The specific structural requirements set forth in the law preclude using pop up campers on the driveway or the "granny flat" with its own foundation as a temporary structure. Qualifying temporary structures must: • Primarily be pre -assembled; • Cannot exceed 300 gross square feet; • Cannot attach to a permanent foundation; • Must be universally designed and meet state accessibility standards; 8 The law expressly exempts a temporary family health care dwelling from being considered "housing with services establishment", which, in turn, results in the 55 or older age restriction set forth for "housing with services establishment" not applying. Temporary Family HealthCare Dwellings June 9, 2016 Page 5 • Must provide access to water and electrical utilities (by connecting to principal dwelling or by other comparable means9); • Must have compatible standard residential construction exterior materials; • Must have minimum insulation of R-15; • Must be portable (as defined by statute); • Must comply with Minnesota Rules chapter 1360 (prefabricated buildings) or 1361 (industrialized/modular buildings), "and contain an Industrialized Buildings Commission seal and data plate or to American National Standards Institute Code 119.2" 10; and • Must contain a backflow check valve.11 Does the State Building Code apply to the construction of a temporary family health care dwelling? Mostly, no. These structures must meet accessibility standards (which are in the State Building Code). The primary types of dwellings proposed fall within the classification of recreational vehicles, to which the State Building Code does not apply. Two other options exist, however, for these types of dwellings. If these structures represent a pre -fabricated home, the federal building code requirements for manufactured homes apply (as stated in Minnesota Rules, Chapter 1360). If these structures are modular homes, on the other hand, they must be constructed consistent with the State Building Code (as stated in Minnesota Rules, Chapter 1361). What health, safety and welfare requirements does this new law include? Aside from the construction requirements of the unit, the temporary family health care dwelling must be located in an area on the property where "septic services and emergency vehicles can gain access to the temporary family health care dwelling in a safe and timely manner." What local ordinances and zoning apply to a temporary health care dwelling? The new law states that ordinances related to accessory uses and recreational vehicle storage and parking do not apply to these temporary family health care dwellings. However, unless otherwise provided, setbacks and other local ordinances, charter provisions, and applicable state laws still apply. Because conflicts may arise between the statute and one or more of the city's other local ordinances, cities should confer with their city attorneys to analyze their current ordinances in light of the new law. What permit process should cities follow for these permits? The law creates a new type of expedited permit process. The permit approval process found in Minn. Stat. § 15.99 generally applies; however, the new law shortens the time frame for which the local governmental unit has to make a decision on granting the permit. Due to the time sensitive 9 The Legislature did not provide guidance on what represents "other comparable means". 10 ANSI Code 119.2 has been superseded by NFPA 1192. For more information, the American National Standards Institute website is located at https://www.ansi.org/. 11 New Minn. Stat. § 462.3593, subd. 2 sets forth all the structure criteria. Temporary Family HealthCare Dwellings June 9, 2016 Page 6 nature of issuing a temporary dwelling permit, the city has only 15 days (rather than 60 days) (no extension is allowed) to either issue or deny a permit. The new law waives the public hearing requirement and allows the clock to restart if a city deems an application incomplete. If a city deems an application incomplete, the city must provide the applicant written notice, within five business days of receipt of the application, telling the requester what information is missing. For those councils that regularly meet only once a month, the law provides for a 30-day decision. Can cities collect fees for these permits? Cities have flexibility as to amounts of the permit fee. The law sets the fee at $100 for the initial permit with a $50 renewal fee, unless a city provides otherwise by ordinance Can cities inspect, enforce and ultimately revoke these permits? Yes, but only if the permit holder violates the requirements of the law. The statute allows for the city to require the permit holder to provide evidence of compliance and also authorizes the city to inspect the temporary dwelling at times convenient to the caregiver to determine compliance. The permit holder then has sixty (60) days from the date of revocation to remove the temporary family health care dwelling. The law does not address appeals of a revocation. How should cities handle data it acquires from these permits? The application data may result in the city possessing and maintaining nonpublic data governed by the Minnesota Government Data Practices Act. To minimize collection of protected heath data or other nonpublic data, the city could, for example, request that the required certification of need simply state "that the person who will reside in the temporary family health care dwelling needs assistance with two or more instrumental activities of daily living", without including in that certification data or information about the specific reasons for the assistance, the types of assistance, the medical conditions or the treatment plans of the person with the mental illness or physical disability. Because of the complexities surrounding nonpublic data, cities should consult their city attorneys when drafting a permit application. Should the city consult its city attorney? Yes. As with any new law, to determine the potential impact on cities, the League recommends consulting with your city attorney. Where can cities get additional information or ask other questions. For more information, contact Staff Attorney Pamela Whitmore at pwhitmore@lmc.org or LMC General Counsel Tom Grundhoefer at tgrundho@lmc.org. If you prefer calling, you can reach Pamela at 651.281.1224 or Tom at 651.281.1266. ORDINANCE NO. AN ORDINANCE OPTING -OUT OF THE REQUIREMENTS OF MINNESOTA STATUTES, SECTION 462.3593 WHEREAS, on May 12, 2016, Governor Dayton signed into law the creation and regulation of temporary family health care dwellings, codified at Minn. Stat. § 462.3593, which permit and regulate temporary family health care dwellings; and WHEREAS, subdivision 9 of Minn. Stat. §462.3593 allows cities to "opt out" of those regulations. NOW THEREFORE, The City Council of the City of Stillwater, Washington County, Minnesota, does hereby ordain as follows: Section 1. follows: City Code, Chapter 31 is amended by adding Section 31-215.1 as Sec. 31-215.1. Temporary Family Health Care Dwellings Pursuant to authority granted by Minnesota Statutes, §462.3593, subdivision 9, the City of Stillwater opts -out of the requirements of Minnesota Statute §462.3593, which defines and regulates Temporary Family Health Care Dwellings. The effect of opting -out is that Temporary Family Health Care Dwellings will not be permitted in the City of Stillwater. Section 2. This Ordinance shall be in full force and effect from and after passage and publication according to law. effect. Section 3. In all other ways the Stillwater City Code shall remain in full force and Adopted by the City Council this of , 2016. CITY OF STILLWATER Ted Kozlowski, Mayor ATTEST: Diane Ward, City Clerk