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Home My WebLink About1967-04-18 CPC MIN STILL��,'ATHR 2LAI,'J'%TiI,`C ZONTIl',TG Regular Heetin,,,z,., Tuesday 18 April, 1967 Commission Members Present: John Condon, Chairman V A. Bergen Harold Hohlt Edward Simonet, Jr. !:�ill iam Haw],,-inson Allen Peterson Fred Kalinoff Von Carlson Charles Thompson, Building inspector Meeting called to order at 7:00 p.m. H-_,% Condon, Chairman presiding. 'N'inutes of the special rieetin,_Z held 4 1pril, 1967 were read and approved. T 'l":illard �,asiness before the Commission as follo�%-s- Mr. C. C. Lupient, 80,6 Street, Stillwater, Airnesota, presented his request for a variance permit for the construction of two homes with a ten foot variance from the Property line on Lots X, Y and Z of Registered Land Survey City of Stillwater, and request continuation of North Broad,.,.-,ay from the the north end of Riverview Drive to Parallel "U" (See exhibits or, file with Building inspector). The following persons were in attendance with reference to said variance and related proposals: Mr. Dielentheis Mrs. Dielentheis Mr. John J. Todd — Attorney for T'rs. Dielentheis Yr. R. Q Meade Zr. David Linner Mr. C. L. Ammerman Mr. Vacil Kalinoff ,-Ir. G. C. Lupient The secretary read the petitioni as outlined on PAC Form 107 to the Commission, describing the request for variance on the related property along with additional street and property agreements to be assumed by the applicant. (See PAC Form 100 Case No. 2 date filed 4-4-67 on file with Building insp�=ctor). A discu,,"sion rela— tive to the proposed street construction was brought forth by 1,:r. Todd asking if the grade of the street has been established. Mr. HlRinger, City Enoiri::ar, stated that the grade would most likely follow the existing contour and would be within the 3,'j' requirezmient. 11�1r. Todd felt that the proposal, in general, is not complete enough, too incomprehensible, and far too sketchy to Live the Planning Commission ana all other interested parties ,the information necessary to reach a true evalua— tion of the problem. However, several members of the Planning Commission stated they were well aware of -_,,�ny of the aspects of t1ris proposal and this can be best illustrated whereby they have imposed restrictions on the applicant, thus pro— tecting surrounding property oC%,rers. Ths Ccnmission has defined that the street will be constructed according to the City Engineer's specification with a suitable turn—aroutrd on. the dead end and that Mr. Lupient is agreeable to give an easement to the city on Lot "U" for a suitable turn—around. The applicant can only construct two single story" a-nd &,!I utilities (poi,e-r and -gr liglht) to be undeiound. Mr. Todd still felt that the proposal is still too inco-,-,:plete; inasmuch as though one story construction is defined there is no heighth minimum established and, even if there -vas, from what defined stan- dard datum plane is this measurement taken from. _ Condon asked other interested persons to vl:er, Iz ul 'rail tir opinion. objected to allowing a variance of any kind and that the ordinance i i 1 b(3 complied with regardless of the character of the land. 1�_'r. Linror clearly stated that he did not desire to have any homes built on this property. 1r. Meade stated that he does not object to a 17' set back for the construction of a residence and, after reviewing the applicant'o agreement to the covenants, felt they were reason- able. Mr. Fred Kalinoff, an adjoining property oner, does not object. 12. Todd introducA two letters from other property owners. One fror, Yr. A. A Kraemer and one from 5r. '-Tendall G. Beardsley. rr. Aards>7's letter: Reject proposal of the ten foot set back, if g any -oermit iss-aed basa,on- 117' set back and limit heiZhth 'in of build to 166' above the grade at the end of the existing street. TrKraemer's letter: That every consideration be given to adhering to the basic ordinance requirements. in suram ation, Todd reiterated that this proposal as presented to the City Of Stj'_l,,-_ter is not comprehensive enough in form for the Ccmmr�,,,is s ion to give a true evalua.,ion to tnis request ',,,ith all fai:o--ness to surroundino, 'property owners. Vr. Lupient, speaking in his own behalf, stated that all of his proposals have been presented in good faith and as complete in detail of that ?,hich was necessary. or called for; that he has agreed to all the special requiren-:cnts set forth by the Planning Comnission. Starting with his first proposal to build a residence Win. this area (27 December, 1966), he has been confronted each time with procedural delays. He requests the Commission to Live favorable consideration to this pro- posal. The me'.-_,',bers of the Commission discussed, at length, the various aspects of tl'is proposal. On a motion by Nr- Peterson, the Planning Commission recommends to the City Council that Mr. Lupi ent's request for a variance permit be approved providing the following considerations are fulfilled: - 1® '1he applicant, ljrw G. C. Lap lent, pay all costs of street and roadway construction. 2® The street be constructed according to specifications by the City Engineer. 3. That an easement on Property "U" be given the City of Stillwater for a suitable turn-around on the north end of North Broadway. 4. That the residences be set back a -minimum of ten feet from the sixty foot platted street. 5. PrinL-e in city water to the describe! property at his expense. 6. The residences be of single story cons truction, the Ireighth not to eyceed 20 feet above street o-rade elevation. 7. 2,11 telc-r�ho�,no and utilities to be underg.-ccound. The primary electrical power be brought in with provision of two additional lines for future streat lighting. 8. use bf exterior trash receptacles and incinerators. Ro21dences must have indoor incinerators. J. A building permit be issued within 60 dt,.ys after date of final approval of this w"G-'^viLi@S"dG® Seconded by S, Ju Passed: Unanimously A request by Fr. Gardner J. Thomas, President of Gardy's, inc. Highway 212, Bob 136, Stilluater, Minnesota, for a special use to build a garage on the northeast corner of Grove Street and South Street inter.,.ecIion. Lots 7, 8, 9 12, -',Iebster's Third Addition (See PAC Form 100 dated 14 ti X2'31 y 1967). The following persons were in attendance with regard to this subject- "'r. Gardner Thomas, 'res. of Gardy's, inc. Mr. Piper, Vice Pres. of Gardy's, !no. Tr. lave Hebert, Attorney oeyner, Balco 31-,ilding Systei'!i The secretary read the request for special use permit to the Commission. The area where this garage will be located is one R.C. Multiple), Mr. Thomas stated that this 011 be a garage of steel construction with white and salmon colored sh. He intends to sod and landscape that portion of ground facing Fourth and Grove Streets; to construct an 8 foot perimeter fence to obscure the remaining property. All cars to be either inside the building or in fenced in c.1E'c..® There will be no trash burning or "junlkers" in the a---,ea. 11113 normal hours of operation are from 8 a. Ila. to 5 p.m. Come night work but at a minimum. He has option on adjoining Lots 4, 5, and 6 (See plat). Thomas desires this area because of the heavy traffic flow on Fourth Street and easyaccessibility R' y the public. His business would be limited to that of autumotive vehicles and not offering services on laC,,nmowers, power tools, or outboard engines. The Commission discussed the proposal, and on a motion by I'Jr. Ylawkirson, recommends thrt the Dity Council deny a special use per-m.it for the following reasonsz 1. This property is a parcel of land that ,".,as annexed to the city in the last several years. The parties requesting this annexation asked that this area. 'be zoned 11-n-.ult-iple dwelling" which it is now so classified. A special use of this nature would set a precedence and would make it difficult to refuse other commercial in this arca. I "'he ' the �---ntures desiring to locate r",embers o+- Commission are fully aware of the neatness and orderliness of 7Tz,, Thomas' operation and this he has both personal and CG.uminity pride in his commercial operation. The Commission canno' assume that this same cor�=n--Lty pride would be extended in the event that this business changed ovniers. With a special use permit, another owner could Jut in a used car of or any of commercial work with the city having no control on noisd abatement, appearance or even the nature of the bt,,siniess. This property is in close proximity to an elementary school, an existing church and the site of a future church, future apartment buiWings, residences, a newly constructed rj=tuary and directly across the street from Fairview Cemetery. Locating any type of comnercial venture of Mis MIUYV-i"Is"Out of context with proper 171a��ring and land usage. !,.notion seconded by "Ir. Si-.monet Passed: inanimiously T I leetinCj, adjourned at ll,,115, p.rii. "Donaid G. Carlson Secretary