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Home My WebLink About2016-179 (findings of fact Swedish Church for a Type III Home Occupation SUP located at 320 4th St N (CPC Case No 2016-27)) RESOLUTION NO. 2016-179 RESOLUTION ADOPTING FINDINGS OF FACT,CONCLUSIONS AND ORDER RELATED TO A SPECIAL USE PERMIT AND VARIANCE REQUESTS FOR A TYPE IIII HOME OCCUPATION SPECIAL USE PERMIT TO BE LOCATED AT 320 4TH STREET NORTH CPC CASE NO 2016-27 BE IT RESOLVED by the City Council of Stillwater,Minnesota that the Finding of Fact, Conclusions and Order related to the Special Use Permit and associated Variance requests for 320 4th Street north,as on file with the City Clerk,is hereby approved and authorizes the Mayor and City Clerk to sign the said Findings of Fact, Conclusions and Order. Adopted by the Stillwater City Council this 20th day of September,2016. Ted Kozlowksi, Mayor ATTEST: ; X1.7 Diane F. Ward,City Clerk STATE OF MINNESOTA CITY OF STILLWATER COUNTY OF WASHINGTON BEFORE THE CITY COUNCIL In Re: The Old Swedish Church C/O Cecilia Loome Type III Home Occupation Special FINDINGS OF FACT Use Permit and Associated CONCLUSIONS Variances AND ORDER For 320 4th Street North CPC Case No. 2016-27 The City Council convened a Public Hearing for Case No. 2016-13 at 7:00 p.m. on September 6, 2016 at the Council Chambers in City Hall. The purpose of the Public Hearing was to consider a request for a Type III Home Occupation Special Use Permit, and associated variances,to operate an events center at 320 4th Street North. At this Public Hearing, the City Council considered the oral report of Bill Turnblad, Community Development Director; testimony and exhibits submitted by Cecilia Loome and Jonathan Moler,representing the Old Swedish Church ("Applicant"); the Staff Report dated September 6,2016 by Abbi Jo Wittman,City Planner;July 13,2016 Planning Commission meeting minutes;testimony of adjacent neighbors of the property in question; and the Planning file prepared by City Staff for the Application. The Planning Commission also held a Public Hearing and reviewed the case. This hearing was held on July 13,2016. NOW, THEREFORE, based upon the documents that have been made a part of this file, upon the testimony of all those who offered it, and upon all the files, records, recordings and proceedings herein,the City Council makes the following: I. FINDINGS OF FACT 1. This property is located at 320 4th Street North. 2. The property is zoned RB (Two Family Residential). 3. In the RB District, Type III Home Occupations are allowed by Special Use Permit. 4. The Applicant submitted a request for the City to approve: a)A Special Use Permit for a Type III Home Occupation to allow the structure, currently a single family residence,to be utilized as an events venue for up to 20 events per year;and b)A variance to the maximum 400 square foot allowed for a Home Occupation (or up to 20% of a home's total gross floor area) to permit the 3,512 square foot event venue (85% of the subject home); and c) A variance to the 7:00 am to 8:00 pm business hours limitation to allow for events to be held from 7:00 am to 9:30 pm;and d)A 41-54 parking space variance to the total number of parking spaces required. 5. City Code Section 31-207, Special use permit and conditional use permit, indicates a purpose "is to allow the integration of essential or desirable uses which may be suitable only in certain zoning districts or designed or arranged on a site in a certain manner". 6. City Code Section 31-207(d) indicates the Council must make findings that the proposed structure or use conforms to the requirements and the intent of the Zoning Chapter of the City Code,the comprehensive plan,relevant area plans and other lawful regulations;and any additional conditions necessary for the public interest;and the use or structure will not constitute a nuisance or be detrimental to the public welfare of the community. 7. City Code Section 31-500,Subd. 3(a), indicates Type III Home Occupations must observe certain conditions and the conditions must be made a part of any Special Use Permit. Conditions of approval include, but are not limited to: not more than 20 percent of the total gross floor area of the dwelling unit may be used for the home occupation or 400 square feet,whichever is less;and business hours are limited from 7:00 a.m. to 8:00 p.m.; and off-street parking must be provided for customer. 8. City Code Section 31-208(a) indicates the purpose of a variance is to allow variation from the strict application of the terms of the Zoning Code where,by reason of -2 - the exceptional physical characteristics of the property, the literal enforcement of the requirements of this chapter would cause practical difficulties for the landowner. 9. At the Planning Commission public hearing, a number of neighbors spoke out both for and against the proposed Type III Home Occupation Permit and associated variances. 10. At the City Council public hearing a number of neighbors spoke out both for and against the proposed Type III Home Occupation Special Use Permit and associated variances. II. CONCLUSIONS OF LAW 1. That this matter was properly before the City Council pursuant to the procedure set forth in the City Code. 2. That taken as a whole the performance standards established for Home Occupations in City Code Section 31-500 are mindful that commercial activity in homes must be conducted in a manner that has minimal impact upon surrounding residents. And the two on-site parking spaces available on the subject property are not sufficient to accommodate all of the potential guests that may use the event facility. In addition, the 41-54 cars that may reasonable be expected by guests of the larger events will have an undue negative impact upon on-street parking in the residential neighborhood surrounding the property. 3. That the proposed Type III Home Occupation Special Use Permit, fails to meet the conditional requirements of the City Code regarding Type III Home Occupation Special Use Permits. 4. That as the proposed use is not in conformance with the intent of the Zoning Code nor the Comprehensive Plan. - 3 - 5. That the property owner has not established practical difficulties regarding the 65% variance to the maximum square footage allowed; the 1.5 hour variance to the hours of operation; nor the 41-54 parking space variance to the total number of parking spaces required. III. ORDER IT IS HEREBY ORDERED 1. That the request for Type III Home Occupation Special Use Permit is hereby denied. 2. That a variance to the maximum 400 square foot allowed for a Home Occupation (or up to 20% of a home's total gross floor area) to permit the 3,512 square foot event venue (85% of the subject home) is denied. 3. That a variance to the 7:00 am to 8:00 pm business hours limitation to allow for events to be held from 7:00 am to 9:30 pm is denied. 4. That a 41-54 parking space variance to the total number of parking spaces required is denied. Adopted by a - / vote of the City Council this 20th day of September,2016. CITY OF STIL A T1. Kozlowski, Mayor ATTEST. Ate4..e (1). Diane F. Ward,Clerk -4 - EXHIBITS A. Staff report to the Planning Commission dated March 9, 2016 written by Abbi Jo Wittman,City Planner. B. The March 9,2016 Planning Commission minutes. C. Staff report to the City Council dated March 22, 2016 written by Abbi Jo Wittman,City Planner. D. The March 22, 2016 City Council minutes. E. Staff report to the City Council dated April 5,2016 written by Abbi Jo Wittman, City Planner. F. The April 5,2016 City Council minutes. - 5 - LEGAL DESCRIPTION Lots 2-3 except the South 23' of Lot 3, Block 14,Stillwater - 6 -