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HomeMy WebLinkAbout2017-08-09 CPC PacketSti liwater. THEBRTHPLCEOFMNIESOTA AGENDA PLANNING COMMISSION MEETING Council Chambers, 216 Fourth Street North August 9th, 2017 REGULAR MEETING 7:00 P.M. I. CALL TO ORDER II. ROLL CALL III. APPROVAL OF MINUTES 1. Possible approval of minutes of July 12th, 2017 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. 1. Case No. 2017-28a: Consideration of a Variance to construct an addition in the Exterior Side Yard Setback of the property located at 901 6th Avenue South. Todd & Audrey Hansen, property owners. Withdrawn by the City of Stillwater 2. Case No. 2017-29: Consideration of an amendment to a Special Use Permit for the change in ownership of a Bed and Breakfast at the property located at 303 4th Street North. Rachelle Davila, property owner. 3. Case No. 2017-30: Consideration of a Variance to the Exterior Side Yard setback for construction of a garage for the property located 102 Cherry Street East. Chris Rustad, property owners. 4. Case No. 2017-31: Consideration of a Zoning Text Amendment to allow for Board and Lodging/Rooming Houses in the Business Park - Industrial District. Colin Faulkner, applicant. 5. Case No. 2017-33: Consideration of a Variance for the construction of a front porch in the Front Yard Setback area of the property located at 225 Martha Street North. Rick Carlson, property owner. 6. Case No. 2017-34: Consideration of a SUP for a duplex residence to be located in the Central Business District at 419 2nd Street South. Brian Brosdahl, property owner. VI. NEW BUSINESS 7. Case No. 2017-37: Consideration of a Short Term Home Rental Type B License to be located at 2023 Schulenberg. Rick and Missy Swanson, property owners. 8. Approval of corrected June 14th meeting minutes. VII. STAFF UPDATES/FOR YOUR INFORMATION VIII. ADJOURNMENT THE 1INTNYLACE OF MINNESOTA PLANNING COMMISSION MEETING MINUTES July 12, 2017 REGULAR MEETING 7:00 P.M. Chairman Collins called the meeting to order at 7:00 p.m. Present: Chairman Collins, Commissioners Fletcher, Hade, Hansen, Lauer and Siess, Councilmember Menikheim Absent: Commissioner Kocon Staff: City Planner Wittman APPROVAL OF MINUTES Possible approval of June 14, 2017 meeting minutes Commissioner Siess stated she would like the following changes made: regarding the Open Forum discussion, add that the presentation she referred to was from the League of Minnesota Cities. Regarding Case No. 2017-18, she would like the minutes to reflect that "the level of this permit is owner occupied which means that the home should be non -homesteaded, which would take care of the insurance." Motion by Commissioner Lauer, seconded by Commissioner Fletcher, to approve the June 14, 2017 meeting minutes as amended. Motion passed 6-0, all in favor. OPEN FORUM There were no public comments. PUBLIC HEARINGS Case No. 2017-14: Preliminary plat for an 8 single family home subdivision for the property located at 1902 William Street North. Sterling Black, Fairway Development, LLC, property owner. Chairman Collins noted that the developer is requesting this item be tabled. New notice will be given in advance of the public hearing, when scheduled. Case No. 2017-27: City -initiated Zoning Map Amendments for the rezoning of properties located at 419 Second Street South, 322 Broadway Street South and 435 Broadway Street South from Central Business District to RB, Two -Family Residential. Chairman Collins noted that this request has been withdrawn by the City. Planning Commission July 12, 2017 Case No. 2017-23: Variances associated with a structural addition and rehabilitation, 419 Second Street South. Brian Brosdahl, property owner. City Planner Wittman explained that Brian Brosdahl would like to reconstruct a rear yard kitchen addition, add a north -facing front porch, and construct a new, two -car attached garage on the east side of the structure. Therefore he is requesting the following variances: 1) a 16.76' variance to the 20' rear yard setback for the northwest corner of an attached garage; 2) a 17.74' variance to the 20' rear yard setback for the southwest corner of an attached garage; and 3) an 8.5' variance to the 15' front yard setback from South Second Street for the addition of an attached porch. Staff recommends approval with four conditions and an additional condition that the owner obtain a special use permit for the residential structure as required in the Central Business District. Brian Brosdahl, property owner, stated that the reconstruction is on the existing footprint. He intends to bring the house back to its original Italianate architecture. Chairman Collins opened the public hearing. There were no public comments. The public hearing was closed. Motion by Commissioner Hansen, seconded by Commissioner Hade, to approve Case No. 2017-23, variances associated with a structural addition and rehabilitation located at 419 Second Street South, with the four conditions recommended by staff, adding a fifth condition that the homeowner needs to obtain a SUP. Motion passed 6-0, all in favor. Case No. 2017-24: Conditional Use Permit to operate a Type C Short Term Home Rental to be located at 322 Broadway Street South. Brian Brosdahl, property owner. City Planner Wittman stated that Brian Brosdahl has applied for the necessary Conditional Use Permit that would allow him to use the single family house at 322 Broadway Street South as a Type C Short Term Home Rental. Mr. Brosdahl currently lives at this property, but he owns and plans to move into the adjacent property at 419 2nd St. S. after completing renovations to that property. He has submitted applications for only the necessary Conditional Use Permit to operate a Type C Short Term Home Rental (STHR), and will apply for a license at a later date. Staff recommends approval with 13 conditions and an additional condition that the owner obtain a SUP for this residence as required in the Central Business District. Commissioner Siess asked for clarification on the number of parking spaces. Mr. Brosdahl reiterated his plans to move into the house next door and have this house be the short term rental. He realizes he must provide a minimum of four parking spots and not allow guests to park on the street. He confirmed guests will have access to use the garage. Chairman Collins opened the public hearing. There were no public comments. He closed the public hearing. Motion by Commissioner Fletcher, seconded by Commissioner Hansen, to approve Case No. 2017-24, Conditional Use Permit to operate a Type C Short Term Home Rental at 322 Broadway Street South, with the 13 staff -recommended conditions plus a 14th condition requiring the property owner to obtain a SUP to use the house as a residence. Motion passed 6-0, all in favor. Page 2 of 6 Planning Commission July 12, 2017 Case No. 2017-25: Concept Planned Unit Development for a senior living housing facility to be located at 114 Brick Street South and 1616 Olive Street West. Our Savior's Lutheran Church, property owner, and Daniel and Gretchen Smith, property owners. Anne Stanfield representing Ecumen, applicant. City Planner Wittman stated that Ecumen is planning to develop a Senior Care Living Facility behind Our Savior's Lutheran Church (OSLC) located at 1616 Olive Street West. The new facility would be accessed from Brick Street, directly across from Ramsey Street West. It will be developed, owned and operated by Ecumen. The applicant recently gained approval for a Zoning Text Amendment to allow for these types of facilities to be located by Special Use Permit in the RA — One Family Residential zoning district. The applicant has now requested approval of the Concept Planned Unit Development (PUD) for a future campus setting that would include Ecumen's (approximately) 50,000 square foot facility as well as an addition to the existing OSLC structure. Our Savior's Lutheran Church does not intend to develop their phase, consisting of church additions, for at least ten years. Ms. Wittman reviewed zoning requirements for planned unit developments, and explained how the development meets the required setbacks, impervious surface coverage and building height maximums, parking, and open space requirements. She stated a traffic study was done which found that traffic from the facility will not negatively impact the neighborhood. The applicant is aware that if the Concept PUD is approved, subsequent applications will need to be made for 1) a Special Use Permit for a Senior Care Living Facility to be located in the RA District; 2) Final PUD; and 3) associated preliminary/final plats. Three letters were received, two of support and one strongly opposed. Staff finds the Concept Planned Unit Development is in keeping with the purpose and intent of the PUD provisions and is in general conformance with the principles, policies and land use designations set forth in the comprehensive plan. Therefore, staff makes the recommendation the Commission recommend approval with nine conditions. Commissioner Hansen asked about plans for trails in the area. City Planner Wittman suggested that, although such items will be analyzed at the time of the preliminary plat, the Commission may want to recommend that further discussions take place with the developer regarding potential pedestrian improvements such as marked crosswalks and crossing signs. Commissioner Hansen asked about impervious surface coverage restrictions. City Planner Wittman confirmed that the development meets the impervious surface coverage restrictions and will treat all stormwater on site. Commissioner Siess asked what controls will ensure that the units are inhabited by seniors as intended and not turned into apartments for the general public. Ms. Wittman responded that it would be a violation of the use permit to make the units available for the general public. She added that half of the units are independent living, a quarter are assisted living, so three -fourths of the units will be apartment -type housing. Ray Valley, president of the board of Our Savior's Lutheran Church, summarized the church's partnership with Ecumen and the congregational vote to approve the contingent sale of the property. Anne Stanfield, Director of Business Development at Ecumen, shared the Shoreview -based organization's history. The purpose of the proposal is to provide housing options for seniors 55+ to allow them to age in place. She pointed out the benefits of the project. She added that there will be approximately 3,700+ seniors in Stillwater by 2020 and currently there are three nursing homes to support that need. Page 3 of 6 Planning Commission July 12, 2017 Mindy Michael, Kaas Wilson Architects, presented images of the proposed facility. She said they are proposing a mix of high quality, durable, low maintenance materials for the exterior. It is four-sided architecture with the same level of detail on each side. In response to neighborhood meetings, the decks were re -oriented to face north and south so as not to face neighbors to the west. Noting there are seven houses directly impacted on Deer Path, Chairman Collins asked what the developers have done to get feedback from the neighborhood. Ms. Michael responded they held two neighborhood meetings in addition to two to three meetings with the church congregation. Commissioner Siess acknowledged the need for more senior housing in the next 10-15 years but asked the developer if they have looked beyond that timeframe. Ms. Stanfield replied that the market study showed the senior population will continue to grow even beyond ten years. The project will meet the short-term demand, but there will quickly be a deficit of senior housing again in Stillwater 10 years out from the time the project opens. Chairman Collins opened the public hearing. Dan Zenk, 261 Deer Path, said the project clearly is not compatible to the area. His home will be dwarfed by this building. He has already had a potential house sale fall through because of this project. He pointed out that Deer Path is a major north -south connection with very heavy traffic already. He expressed concern about noises, shift changes, trash delivery, maintenance, sirens, emergency vehicles, and parking lot lights. Tony Gilewski, 241 Deer Path, voiced deep concern about property values, which realtors have told him will go down after the project is built. If the project goes forward, he would like to be assured some system of buffering to protect surrounding property values and sight lines. Michele Livermore, 181 Deer Path, stated the project will obviously reduce neighbors' property values. Because her property is lower, the building will appear five stories tall from her backyard. She expressed concerns about traffic which is already heavy in the area. She also feels that the three story flat top building doesn't fit historic Stillwater. Barbara Ylinen, 201 Deer Path, said she strongly opposes the project because the huge three-story box -like building would look directly down on her home and monopolize the views. She feels there must be a better area for such a facility. She is concerned about home values going down, water runoff, noise, odor, lights, traffic, and the appearance and size of the building. Orvil Johnson, 1085 Nena Court, a board member of Our Savior's Lutheran Church, explained how the church became involved in the proposal for a senior care facility on the property. He pointed out there is a need for senior housing in Stillwater as reflected in the City's comprehensive plan. Chairman Collins closed the public hearing. He offered the developers an opportunity to respond to the concerns expressed. Ms. Stanfield stated a traffic study found there would be no significant approach delays or queuing issues. They intend to divert all lighting onto the site, add a landscape buffer on the Deer Path side of the building, and to contain and manage all runoff on the site as required by the City. Page 4 of 6 Planning Commission July 12, 2017 Ms. Michael addressed concerns about HVAC and odor issues, saying there will be a commercial kitchen serving the residents, about half of whom will be independent living residents who are less likely to use the dining room. The building wraps around the parking lot so it will shield most views of the parking lot. The next stage of design will involve a light study, a tree preservation plan, and details on treatment of water runoff on site. Ms. Stanfield added that food deliveries would be made once weekly in the garage. Commissioner Siess asked if the designers considered anything special for Stillwater in terms of architectural detail. Ms. Michael replied that the massing of the building will be broken up in an architecturally interesting way by varying the decks. Height restrictions preclude using a pitched roof. She is not a proponent of false historicism. Ms. Stanfield added that the design took into consideration the immediate neighbor, the brick church building from the 1960s. Commissioner Hansen asked about HVAC units. Ms. Michael explained there will be no central plant. Each residential unit will have its own HVAC unit with a louver on the exterior side of the building. Ms. Stanfield added that this is standard for multi family housing. Chairman Collins asked where else this facility could be built in Stillwater. City Planner Wittman responded this is the only undeveloped single site at present that could feasibly be developed in this fashion. Commissioner Hansen stated he feels adding to the existing traffic is a problem. Generally, he feels this is a good location for a facility but would like to add a condition requiring additional traffic analysis and consultation with Washington County to see if the development would generate enough traffic to achieve the threshold required to add traffic controls at Olive, Myrtle and Brick. He also supports additional sidewalk on all sides of the property. Commissioner Siess remarked that, compared to other senior housing proposals, the houses here are a lot closer to the development. She would like the building to better reflect the residential character of the neighborhood. She realizes there is currently a need for senior housing but would like the City to have a plan for how to deal with senior housing units when the senior population starts to decline, as predicted by the year 2035. Commissioner Lauer stated that he supports the concept because the property is the only feasible location for such a facility and the need for senior housing is not being met currently. However he is concerned about the views from backyards on Deer Path especially in the winter. He agreed the property values will go down. Chairman Collins noted that concept approval is the first of many steps and there is a lot more work to be done. He supports adding a condition requiring an additional traffic study. Motion by Commissioner Fletcher, seconded by Chairman Collins, to approve Case No. 2017-25, Concept Planned Unit Development for a senior living housing facility to be located at 114 Brick Street South and 1616 Olive Street West, with the nine conditions recommended by staff, modifying Condition #1 to state that independent living would be based on one space per one unit, and modifying Condition #5 to state that in conjunction with the City and Washington County, the applicant will work on pedestrian and vehicular safety improvements at the intersections of Brick with Olive and Myrtle Streets, and adding Page 5 of 6 Planning Commission July 12, 2017 Condition #10 requiring the applicant to explore modifying the design of the west side to reduce the massing of the building. Motion passed 4-2, with Commissioners Hade and Siess voting nay. Case No. 2017-26: Variance to the rear yard setback for construction of a 15' x 15' deck at 1429 Macey Way. Sithyvon and Jill Chau, property owners. City Planner Wittman reviewed the request. Sithyvon & Jill Chau are requesting an 8' variance to the required 25' rear yard setback for the construction of a deck, to be located 17' from the east property line. The proposed deck is split into two sections, with only the southernmost section requiring the setback variance. The north section of the deck will include a swim spa. If the Commission finds that practical difficulties exist, staff recommends approval with three conditions. Sithyvon and Jill Chau offered to answer questions. Chairman Collins opened the public hearing. There were no public comments. He closed the public hearing. Motion by Commissioner Hansen, seconded by Commissioner Siess, to approve Case No. 2017-26, Variance to the rear yard setback for construction of a deck at 1429 Macey Way, with the three conditions recommended by staff. Motion passed, 6-0, all in favor. NEW BUSINESS There was no new business. STAFF UPDATES 2040 Comprehensive Plan Scoping Document City Planner Wittman reported that an RFP will be ready for Council review in two weeks for the hiring of a consultant to assist with the final comprehensive plan update. She invited commissioners to participate on the comprehensive plan advisory committee. ADJOURNMENT Motion by Commissioner Fletcher, seconded by Commissioner Lauer, to adjourn the meeting at 9:25 p.m. All in favor, 6-0. Respectfully Submitted, Julie Kink Recording Secretary Page 6 of 6 PLANNING COMMISSION MEETING DATE: August 9, 2017 CASE NO.: 2017-29 APPLICANT: Rachelle Davila, applicant REQUEST: Consideration of an amendment to a Special Use Permit for the change in ownership of the Aurora Staples Inn Bed and Breakfast ZONING: RB - Two Family Res. COMP PLAN DISTRICT: Low/Medium Density Res. PREPARED BY: Abbi Jo Wittman, City Planner REQUEST Rachelle Davila, applicant, has requested a transfer of the Aurora Staples Bed and Breakfast Special Use Permit, located at 303 4th Street North. The applicant has indicated operations of the existing facility would remain the same. APPLICABLE BACKGOUND The Aurora Staples Inn was first designated as a Bed and Breakfast in 1996. More recently, Special Use Permit 2002-46 was issued to Jerry and Cathy Helmberger with 20 conditions of approval; nine of the stated conditions specifically addressed special events to be held on the property. The permit was amended with the approval of SUP 2003-24, allowing for a secondary structure on the property. At that time, conditions of approval indicated that no greater than five rooms may be used as guest rooms and limited certain size and area provisions for the new structure. On July 3, 2017, the City received a request for information on how to transfer the Special Use Permit from the Helmbergers to the applicant. The applicant materials were submitted by the July 21st deadline for the August Planning Commission meeting. On July 25, 2017, the Helmbergers sold the property to Home Sweet Home LLC. The applicant has been operating the facility since assuming ownership. SPECIAL USE PERMIT REGULATIONS AND ANALYSIS Section 31-207 indicates in approving a Special Use Permit, it must be determined by the Planning Commission that: The proposed structure or use conforms to the requirements and the intent of this [zoning] chapter, and of the comprehensive plan, relevant area plans and other lawful regulations. Case No. 2017-29 CPC August 9, 2017 Page 1 of 3 11! r H F BIRTH PLACE OF MINK E 8OI A No formal complaints of the existing facility, for the last five years, are on file with the City. Therefore, it is assumed the existing operations have been in compliance with Case No. 2002-46 and 2003-24. If the applicant operates the Bed and Breakfast in the exact same fashion as, it will be in substantial conformance with the Zoning Code and other lawful regulations. There are no conflicts with the proposed use and the Comprehensive Plan. Any additional conditions necessary for the public interest have been imposed and use/structure will not constitute a nuisance or be detrimental to the public welfare of the community. As conditions of approval presently exist, those conditions should be applied to the transfer. The original 20 conditions have been consolidated; staff recommends 12 stated conditions. ALTERNATIVES A. Approval If the Planning Commission finds the proposal to be consistent with the provisions of the SUP process, the Commission should move to approve the five- guestroom Bed and Breakfast SUP for the Aurora Staples Inn with the following conditions of approval: 1. The owner or manager of the residence shall live on -site. 2. Rachelle Davila, owner of the property, shall be on site during all special events. 3. A maximum of six special events (large functions defined as business meetings, bus tours, bridal and wedding showers, anniversaries, weddings and wedding receptions, and church functions) over twenty persons allowed per month. Groups may not exceed a 40 person capacity, unless special approval is obtained from the City Council. 4. All special events shall be over by 9:00 p.m. 5. If provided, dining facilities for breakfast shall be available to registered guests only (not available to the public). Food for special events must be served by a licensed caterer. 6. No liquor shall be sold on premises. If wine is served, a wine license must be obtained from the City as per Ord. #768. No open bar shall be permitted on premises for Special Events. Champagne is allowed on a two person/ one bottle limit. 7. No general external lighting of the site that may impact the surrounding residential area is allowed. Adequate pedestrian scale lighting shall be provided between the bed and breakfast and parking. No outside entertainment or lighting for special events. 8. One, four square foot sign is allowed on -site consistent with the architectural character of the building (maximum height four feet). Case No. 2017-29 CPC August 9, 2017 Page 2 of 3 liwater H F BIRTH PLACE OF MINK E 8OI A 9. One parking space for each guest room shall be set aside and marked "FOR GUEST ONLY." Two parking spaces will be available onsite for the owner or manager. All special event visitors shall park on site or at a controlled remote location. 10. No additional bedrooms can be used for the bed and breakfast. Five bedrooms is the maximum allowed under the Ordinance. 11. This permit shall be reviewed upon complaint. The Bed and Breakfast Special Use Permit shall be reviewed before the Planning Commission and City Council for revocation if the Community Development Director receives substantiated complaints regarding the bed and breakfast use. 12. The Special Use Permit is not transferable. New property owners shall require a new Special Use Permit. B. Table If the Planning Commission finds that the application is not complete enough to make a decision, it could continue the review for additional information. C. Denial If the Planning Commission finds the proposal is not consistent with the provisions of the SUP regulations, the Commission should deny the application. The Commission should indicate a reason for the denial and state whether or not the denial is with prejudice. FINDINGS AND RECOMMENDATION Staff finds that with certain conditions of approval, the transfer of the Bed and Breakfast Special Use Permit will be in conformance to the Bed and Breakfast SUP provisions. Therefore, staff makes the recommendation the Commission grant conditional approval of Case No. 2017-29 with the conditions outlined above. ATTACHMENTS Site Location Map Narrative Request Site Plan Case No. 2002-49 Case No. 2003-24 Public Comment (1) Case No. 2017-29 CPC August 9, 2017 Page 3 of 3 r ,1. , Q" W Stillwater The Birthplace of Minnesota W 7r� _ '4r�i a;' _ _ - ` Site Location Map Aurora Staples Inn 303 North Fourth Street ... �y .y� aft ,,.✓`�:1•: i, "1 ,o. Jt. %,i �4� .fin' i- .,...--\ 5h 03\.- 0 75 150 300 Feet r O _ General Site Location '.., i1 1i't12 • 4111 I;i� 11� Y :, * ,. r Wb- , T , : , 1 T. Ili' sk i rem. -_, . irrrs, ¢ 7 ' o U ,, � �,: to •. e orit l pLi �i. I. -4411 I!� 11! IT CONTACT 303 N 4th Street Stillwater, MN 55082 rrdavila@hotmail.com 651-558-1629 EMAIL AURORA STAPLES B & B HISTORICAL INN ABBI JO WITTMAN AND PLANNING COMMISSION CITY PLANNER • CITY OF STILLWATER Dear Abbi Jo Wittman and Planning Commission, The Aurora Staples Inn will continue to operate as a Bed and Breakfast in Stillwater, MN. The Inn has its own parking for guests so the street parking in front of the house will be for the public. The Inn will continue to lodge guests in five rooms. Guests from out of town will be good for the local economy. I will also hold weddings there from time to time of up to 40 people. I will live there and manage the Inn daily. Hopefully, people will arrive as guests and leave as friends. Sincerely. Rachelle Davila to TWITTER HANDLE in TELEPHONE LINKEDIN URL L 1K.f>PN 1-1E-F6T11 Cpca- ?Amami? 0 0 APX; 2000 54 Fr ARveo DRivetvel CwARAAlger NodSE lo20 S 32 Ft -oat AREA 709 5F aor ornc►s CRRRIRfi E Ha use 5 rr oke445 3 ET oI-3 TVORTI4. Z. Fr oN lrAsr Ne �r+oetS 4,E 4OF+A Fr") Lai" LA'P4 7 L) {NEF1 ouoFJUNi � e garamil SHEo )% Se Fr • 1 i\a(4— alp • 3303631 State of Minnesota City of Stillwater In the Matter of Planning Case No. SUP/02--i Owner: Cathy and Jerry Helmberger City of Stillwater Planning Commission Proceedings Order Granting a Special Use Permit The above entitled matter came to be heard before the Planning Commission on the 12th day of August 2002, on a request for a special use permit and pursuant to the City Code for the following described property: 303 North Fourth Street R 4101 R 29.030.20.34.0060 Legal Description Sect/Twn/Range Plat 10690 STILL (ORIG TWN NOW CITY) B1-17 Lot/Block 005 015 W 50 FT OF S1/2 LOT 5 015 & W 50 FT OF LOT 6 ALL OF LOTS 7-8 & 9 BLK 15 3RD WARD Purpose: A special use permit for a bed and breakfast (Aurora Staples Inn). Upon motion made and duly approved by the requisite majority of the Planning Commission, it is ordered that a special use permit be granted upon the following conditions of apporval: 1. The manager of the residence shall live on -site. 2. One parking space for each guest room shall be set aside and marked "FOR GUEST ONLY." Two spaces available on site for manager. 3. If provided, dining facilities for breakfast shall be available to registered guests only (not available to the public). 4. No liquor shall be sold on premises. If wine is served, a wine license must be obtained from the City. (Ord. #768 Adopted 10-22-92) 5. One four square foot sign is allowed on -site consistent with the architectural character of the building (maximum height four feet). 6. Adequate pedestrian scale lighting shall be provided between the bed and breakfast and parking. 7. No general external lighting of the site that may impact the surrounding residential area is allowed. 8. The special use permit is not transferable. New property owners or managers shall require a new special use permit. 9. The bed and breakfast use permit shall be reviewed before the Planning Commission and City Council for revocation if the Community Development Director receives complaints regarding the bed and breakfast use. 10. No additional bedrooms can be used for the bed and breakfast. Five bedrooms is the maximum allowed under the Ordinance. 11. The Heritage Preservation Commission shall determine the maximum number of guestrooms. Special Use Permit for Special Events. 1. A maximum of six special events (large functions defined as business meetings, bus tours, bridal and wedding showers, anniversaries, weddings and wedding receptions, and church functions) over twenty persons allowed per month. 2. All special event visitors shall park on site or at a controlled remote location. 3. Limit of groups: 40 capacity as approved unless special approval is obtained from the City Council. 4. Food must be served by a licensed caterer. 5. All special events shall be over by 9:00 p.m. 6. No open bar on premises for special events. Champagne is allowed on a two- person/one bottle limit. 7. No outside entertainment or lighting for special events. 8. This permit shall be reviewed upon complaint. 9. Cathy and/or Jerry Helmberger, owners of the property, shall be on site during all special events. This use is not transferable. Dated this 15th day of January, 2003 Steve Russell, Community Development Director 3331082 1111 II I11111111 I II Office of the County Recorder Washington County, MN Certified filed andlor recorded on: 2003/04/30 7:49:00 AM 3331082 Cindy Koosmenn County Recorder State of Minnesota City of Stillwater In the Matter of Planning Case No. SUP/V/03-24 Owner: Gerald M & Cathy P Helmberger 303 4th St N Stillwater MN 55082 City of Stillwater Planning Commission Proceedings Order Granting a Special Use Permit and Variance Property Address: 303 4th Str N The above entitled matter came to be heard before the Planning Commission on the 17th day of March 2003, on a request for a special use permit and variance pursuant to the City Code for the following described property: Legal Description Sect/Twn/Range PLAT 10690 STILL (ORG TWN NOW CITY) B1-17 LOT/BLOCK 005 015 W 50 FR OS S1/2 LOT 5 015 & W 50 FT OF LOT 6 ALL OF LOTS 7-8 &9 BLK 15 3RD WARD Purpose: Modification to the bed and breakfast special use permit and a variance to the rear yard setback and a variance to the permitted square footage of a second structure. Upon motion made and duly approved by the requisite majority of the Planning Commission , it is ordered that a special use permit and variance be granted upon the following conditions of approval: 1. No more than five rooms shall be used as guest rooms. 2. The building official shall review and approve the guest room above the garage. 3. No projection of the garage structure, eave, gutter or any building element shall not be closer than one (1) foot from the east property line. 4. The maximum size of the accessory building shall be 1,000 square feet. Dated this 8th day of April, 2003 Steve Russell, Community Development Director This variance is granted pursuant to the zoning ordinance and is not a substitute for a building permit. A building permit is issued by the city building official after approval of the plans and payment of the building permit fee and state surcharge. This variance will be null and void if the project that is permitted by this variance is not completed within two years from the date the permit is granted. From: Jenn Sundberq To: Abbi Wittman Subject: FW: Comment on Case No. CPC/2017-29 Date: Tuesday, August 01, 2017 10:12:59 AM Comment to include in the hearing. I printed a copy for the file. From: Timothy Paskvan [mailto Sent: Tuesday, August 01, 2017 10:08 AM To: Jenn Sundberg <jsundberg@ci.stillwater.mn.us> Subject: Comment on Case No. CPC/2017-29 At last month's city council meeting, there was a motion to memorialize the library's right to hold events on their patio. The mayor thought that the ongoing noise and disruption concerns of the neighborhood should be addressed before doing this. This is currently a work in progress. The planning commission is about to consider a request to transfer a Special Use Permit for the Aurora Staples Inn to operate as it has historically operated. Historically, the same ongoing noise and disruption concerns that exist for the library also exist for the Aurora Staples Inn. This would be the prefect time to address these concerns and to get the new owner off on the right foot with the neighborhood. Good dialogue makes good neighbors. Sincerely Yours, Tim fflwater 6' . R T N P 1.. 4 T; E 91 F MINNFSOITA PLANNING COMMISSION MEETING DATE: August 9, 2017 APPLICANT: Chris Rustad, property owner CASE NO.: 2017-30 REQUEST: Consideration of Variances for the construction of a garage to be located in the Exterior Side Yard Setback area and to exceed the 25% maximum structural coverage ZONING: RB - Two Family Res. COMP PLAN DISTRICT: Low/Medium Density Res. PREPARED BY: Abbi Jo Wittman, City Planner REQUEST Chris Rustad has applied for a variance to construct a garage at the property located at 102 Cherry Street South. The property owner is requesting the new garage be located 18' from the 3rd Street North Right -of -Way. Thus, the following variances are required: • A 12' variance to the 30' Exterior Side Yard setback; and • A 7% variance to the 25% maximum structural coverage for the addition of 446 square foot structural area. APPLICABLE REGULATIONS AND STANDARDS Section 31-208, Variances, indicates the Planning Commission may grant a variance, but only when all of the following conditions are found: 1. The variance is in harmony with the general purposes and intent of this chapter. The general purpose and intent of the Zoning Code is to regulate and restrict use of land for the protection of public health, safety and welfare. The purpose an Exterior Side Yard setback and the Maximum Structural Coverage is to maintain an open, unoccupied space for uniform yards for aesthetic open space and environmental benefits, including the preservation of areas for adequate drainage. An Exterior Side Yard area may serve as the Front Yard area for adjacent properties. Although the RB - Two Family Residential district does not allow for prevailing yard setback provisions, the predominant development pattern along North Third Street includes houses set back an average of 15'. As North Third Street serves as the side street for this property, the garage would be consistent with Rear Yard garages which are set back from North Third Street. 2. The variance is consistent with the comprehensive plan. The property is zoned RB - Two Family Residential and is guided for Low/Medium Density Residential use. There are no application elements that are contradictory to the Comprehensive Plan. 3. 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: 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; According to Sanborn Map records, the property has not contained a garage since sometime between 1910 and 1924. The property owners are proposing a modest sized, singe door, two -car garage with a side -entry service door. Having a garage in a residential neighborhood is reasonable. As the garage is located on higher ground than the residence, and additional structural coverage is proposed, the applicant has indicated two small rain gardens will be installed on the property to help address drainage issues. ii. The plight of the landowner is due to circumstances unique to the property and that are not created by the landowner; and This property is smaller than the minimum 7,500 square foot lot and, according to the 1888 Sanborn Map record, shown below, the existing residence's coverage has remained consistent for nearly 130 years. CPC 7/12/2017 (Case No. 2017-23) 419 2nd Street South Page 2 of 4 iii. The variance, if granted, will not alter the essential character of the locality. The property is located in the Downtown Design Review district. If the variances are approved, the design of the garage will be reviewed by the Heritage Preservation Commission for consistency with the architecture and design of the primary residence. 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. ALTERNATIVES AND RECOMMENDATION The Planning Commission has the following options: 1. Make the finding that practical difficulties do exist for the property owner and approve a 12' variance to the 30' Exterior Side Yard setback and a 7% variance 25% maximum structural coverage for the addition of a 440 square foot garage, 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. 2017-30. b. The property owner shall obtain a Design Permit from the Heritage Preservation Commission. Conditions of approval shall be incorporated into the variance conditions of approval. CPC 7/12/2017 (Case No. 2017-23) 419 2nd Street South Page 3 of 4 c. A building permit shall be reviewed and approved prior to any construction occurring on the property. 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 finding that practical difficulties have not been established and deny the variance, with or without prejudice. 3. Table the application and request additional information from staff or the applicant. FINDINGS AND RECOMMENDATION On the basis that practical difficulty has been established by the applicant, staff recommends conditional approval of the aforementioned variances. ATTACHMENTS Site Location Map Narrative Request Site Plan Garage Plans (10 pages) CPC 7/12/2017 (Case No. 2017-23) 419 2nd Street South Page 4 of 4 0 Flip:nplace Min..esola Site Location Map Rustad Residence 102 East Cherry Street 75 150 300 Feet General Site Location 1 r i MED wpm. .. Chris Rustad 220 Chestnut St. W. Stillwater_ MN 55082 Stillwater Planning Departrnent 216 4th Street North, Stillwater, MN 55082 RE: Variances for 102 East Cherry St, Stillwater, MN Dear Stillwater Planning Department, July 17, 2017 T am rehabilitating the house located at 102 Fast Cherry Street, Stillwater. The house is located on a corner lot at the intersection of 3' and Cherry Streets near Pioneer Park, This corner lot is smaller than the size currently considered standard_ being only 50 feet wide with a total size of6300 square feet, Due to the small size of the lot and the need to accommodate a modern family's needs with off-street parking, 1 am requesting two variances. These variances will allow me to construct a small, two -car garage on the property: I. Variance to the 30-foot setback from the 3f`i Street property line 2. Variance to the 25% structural impervious surface guideline The planned garage will be 24 feet deep, including some storage space at the back, after considering the length of an average car. The s.etbackv.arian.ce is neededbecause the lot is only 50 feet wide, which does not allow for a 30-foot setback from the street. I would also like to build the garage close to the North lot line and-3" Street to minimize the impervious surface of the driveway. This placement will also allow me to add two small rain gardens between the driveway and garage and the top tier of the retaining walls that separate the parking area from the house. As I've landscaped the yard, I have taken rain collection into consideration, to capture the run-off from the house and impervious surfaces, keeping it on the property and out of the storm sewer system. 1 have already removed approximately 300 square feet of concrete slabs and sidewalks. 1 have also constructed a 10 foot x 10 foot rain garden on the west side of the property. I am proposing the addition of the two smaller rani gardens on the permeable surface near the garage and driveway to compensate for the additional impervious surface from constructing a garage and driveway. Please consider that these variances will allow me to continue in my goal of rehabilitating IO2 East Cherry Street from a run-down property to a fully restored historic home that is an asset to its neighborhood and contributes to the historic character of our city. Best regards, Chris Rustad 612-710-1215 I : Ri r OF c a � Si a x}3 t 3L «-� z k. ' � �� f e- T� '.3 � r',.f 'k rx•/ 'F- v''�/1 -- ifs d"— ,t,f C Wi .__.-�., T _ ._-�,..;•z - ti t=f•,. ' SE -- 4:e.4. 0... _ it]0 cam. 4 ra y '`• .+r 1 ° �' ' ;r L P ;r it- eve 41. ;3 0G, .5 ;'tea 1' fk i • 3 02 _. 4, Q .8,9' ,, / Survey .?or: C hr Lstopher M. Rustad 102 East Cherry Street 1 St i=i.1-wate.r. MN 55082 Surveyed Ey Stack Land. Surveying 9090 lin. Fairy Falls IPoac3 t:il]w .er. MN 55082 tel e 1651) 439--55 ',0 Parcel DcscripiMion .:emu-=T lied Doc. N,,_. 4104124 The Scut i 126 feet of the West 50 feet of Block 7 of the Orig- inal rrow.T.1 (now City) of Still- water, according to the plat thereof en file and of record in the office of the County ecorde: , Washington County, Minnesota. NOTES Bearing ratum is assumed. e, Indicates #13774 rro - = set, a Ind- Mon. Found, as noted, Util. not located in this survey, unless noted otherwise., Offsets shown to exist. structures are meas. to the outside h7. c1gwaU fine, unless noted otherwise. No Title Binder was supplied to Stack Land gu vey ncr for conductinql this survey. DDescription sUppl.ie^9 was used for the conduct of survey, Parcel Area shown Was co puted to the desc parcel Boundaries Adjoining parcel desk ' s were not supplied for roiT? ew.. PIs o a CAe_v-r S4, E., Pip D Se_a0aq Geep cc„„ (�s� Da. c_ir\e_z-c-Li) („2.,(2.-k QSht..)(N Q_ • S CO Pr-N.12z- 4_5 40 \ TA)C45- r‘.1".:PeNe_i'N* tCk% Cke. • f o a c...\42i--ras P\ r- t 'XI-1 Ct. ioa D\ -%# \mac cr D e_cr, ems, 0 G"&k +ass ?e sk r- c ei" o,c o/'a Com-o Sc- SkQ ��SSe 5 L QX€- 4 ss -S5 d I II C (NS .see- S Rows Tee Oc i t d b V1* /1/4,J4 ftf-s J00 OTREC0463710 I runs Ti E M cwe-t Manufacturing, Fes' Claire, WI, 547n3 -2-0-0 0-0-0 , 2-0-0 , 4-0-0 IrUSs type GABLE 4-0-0 8-0-0 , 2-0-0 , any 1 rly Job Reference (optional) 7.640 s fiicv 10 2015 MiTek Industries, Inc Sun Jun 19 16.50 45 2016 Page 1 ID.jel5OrvDG71T75yHMZ 422Hz4il ni-7H038f5FxHFJErrojpwgwzZQE9"c2EAM71YSn ialAz4iZl B-0-0 10-0-0 12-0-0 14-0-0 16-0-0 2-0-0 , 2-0-0 , 2-0-0 , 2-0-0 , 2-0-0 , 4-0-0 4x4 = 0-0-0 4-0-0 6-0-0 B-0-0 10-0-0 12-0-0 14-0-0 16-0-0 2-0-0 2-0-0 2--`J-0 2-0-0 2-0-0 , 2-0- 0 20-0-0 22-0-0 , 2-0-0 , Scale = 1 :46 20-0-0 PIate Offsets (X.Y)-- I2:0.0•8.Edgel. I10:0-0.8,Edge), 1 5:0-3-0,0-3-01 LOADING (psf) SPACING- 2-0-0 CSL DEFL in (loc) Vdefl Ud PLATES GRIP TCLL (root) 30.0 Plate Grip DOL 1.15 TC 0.33 Vert(LL) -0.04 11 n/r 120 MT20 197/144 Snow (PsJPg) 27.7/40.0 Lumber DOL 1.15 BC 0.14 Verl(TL) -0.04 11 rdr 90 BCDL 10.0 ' Rep Stress !nor YES WB 0.12 Horz(TL) 0.00 10 rl/a n/a BCLL 0.0 BCDL 10.0 Code IRC2009/TPI2007 (Matrix) Weight: 71 Ib FT =1 LUMBER - TOP CHORD 2x4 SPF No.2 BOT CHORD 2x4 SPF No.2 WEBS 2x3 SPF Stud OTHERS 2x3 SPF Stud BRACING TOP CHORD BOT CHORD REACTIONS. All bearings 20-0-0. (Ib) - Max Horz 2=72(LC 9) Max Uplit All uplift 100 lb or less at joint(s) 2, 16, 17, 18, 14, 13, 12 except 10= 107(LC 10) Max Gray All reactions 250 Ib or less al joint(s) 15, 17, 13 except 2=388(LC 1), 10=388(LC 1), 16=272(LC 3), 18=319(LC 14), 14=272(LC 4), 12=319(LC 15) FORCES. (Ib) - Max. Comp./Max. Ten. - All forces 250 (Ib) or less ex... ,t when shown. WEBS 3-18=-256/89, 9-12= 256/89 Sheathed or 6-0-0 oc puffins. Rigid ceiling directly applied or 10-0-0 oc bracing. MiTek recommends that Stabilizers and required cross bracing be installed during truss erection, in accordance with Stabilizer Installation guide. JOINT STRESS INDEX 2=073,3=0.51,4=0.51,5=0.51,6=0.36,7=0.51,8=0.51,9=0.51,10=0.73,12=0.51,13=0.51,14=0.51,15=0.31,16=0.51,17=0.51 and 18= 0.51 NOTES- 1) Unbalanced roof live bads have been considered For this design. 2) Wind: ASCE 7-05; 90mph; TCDL=4.2psF; BCDL=6.0psf; h=25Ft; Cat. II; Exp B; enclosed; MWFRS (bw-rise) gable end zone and C-C Exterior(2) zone; cantiever IeFt and right exposed ; end vertical left and right exposed C-C For members and forces & MWFRS for reactions shown; Lumber DOL=1.60 plate grip DOL=1.60 Continued on nave 2 7c5 . 1LS iSPa ram/ OT7Er3 “.7276, .71 I lXisig30R 15 S#1.as 11.1 -tawr'A: CTY 47. -2G-0 1- 03-4 L612 9 a.rI ge . ooi 11dh t.e.o W«-ld211ue. +'r: ti+Y • tv3 e0-^720 ��tr,g�aat 'DwaOAxCae_MH7c_ r-y Ir-::1L1T:°'X-144 1. . eKi41 ?a" k'lr1Q0i /D 4Fr0 i 1+612 20:i3 a•sa z3G-0 WC - uuj�a ter, eR = 1C 2 E1 3.6 Sy! - 1 Jill P1Q1arr-1,1-`I-- 11 RIfr•:7}l :71?•1, 6),48)44<4,0 kir LOAdNG ))pslt 7CLL 0o4:41 42 0 Sunda tPs+Pg; 41 6 J10 TCDL 70 BOLL 00 Rcia _ 181 LUMBER - TOP CHORD 2444 SPFT71i 2 ROT CHORE) 2>:4 SPF Not k200-0 243 SPF 5II4 SPACING- 20-2 Rae Grip OCL ' 15 LLIIIDII DI,L 1 15 Rep Stress trlx "ES Cede IRC20124TP 21307 A G91 CEFI_ In nix) Inief L•tl PLATES Cii1P TC 056 Vali LL) -017 5-8 .RA9 240 MMT20 197.11.44 BC 081 Vert4Thi -0 45 rib >52/ 180 'a.B 061 4-1048:1L) 206 5 de nla 1141a01.0 6Veighl: 66 b PT BRACING - TOP Cfi01l0 Sheezhacl o1 3-5-9 vc taming. ®Lr CWJIRD ti'trd 4 20Y1q d5v1r+t ap0lree or 10-0-0 o2 Lrrsat REACTIONS 40'szel 2-1261133-8 0-in 0-821, 8.13634436 yrnhi 12-2j Max 1i; a 2=724LC 14} iha4 1Jplp2=-90 LC 14), f -961LC 15: Max Eras 2-13731123 2i, 61373)LC 21 RACES. 116: - Ala:..).141SJ: i le!:. lurt. -.411 role% 251) Obi or lessa;:cepl %hen shoo n 1 'TOP CHOAO 2 .3-; 19332223. 7-4= 1421Y151; 4-5.-14014151, 5.6-1333+220 24_71 234090 28=101.1621. 6.8.-82,1051 v1E65 3-0--6741152.4,3--47/ 58-6744152 MI 1 ih ra`in'11141NIS'tilt R radiants end iO4u Yg1 I:K-.', braningbeIndilllECdurir3trussereal5r1,Inar.ti noe1411h SIu1701,^ai Ir WN.I)1 I ai'41dd4 JQHT STRESS INDEX 2-1075,2-0.51,4.. 077, 5s94.51, .5.07041518=0. 78 NOTES- ID: 11J: r8slan4::4 11056 sou #1+011Ras0 0:.h ar:ac1;r a1Ir:r 0# da1�rr r'J Vt'1r1.#.•'SCE -:I1. yi44I 116'44r11(S-nrcn- 0 dal LIF'EOt112,-Jlio LL. 4.453 .•.'23 07p67fi .}r. Gad. 0• •p 9, �rsawc,+. or'k2(envkve,q,rhlalx:i •6rerri=, 47. 41.011 Sire 4045ktha1r11 01'1--.,t..;pjn2rl r r1•aoi l�ln mpt+ll4 G Si rar rrrcomr, tu7d Ire a 3. LIONfi x-1 1 ] o 6.2 p La:.-1. -1 90 3)/411.1405fE:10.Pr.42T teltr>S3 Vr.#-as: &w62'D'L'.-1,5 FLrf ,1+ , 40, 0 psi Ira 1.1.4r. rt 4;., 1:441 k.00)asrv-1 ambeeD ..11a f'I4TAGant:d}• 11, E+.Fr B L�v0y 1F-p, CI 1- a,prrdtdesJnn- ru lua:l hasbrrxl. n.l,CAA k 407:04rc tei <) I.lti646rIICOi 2:u14136'!4 id ,a tool cor adrno/ :,: t11?= itoski + rt. T1J4 hr.an.11a4Lc-7.4e}Y,Iiind Far 4)aaarct nib 4C21114.;.GC4et 12001et11„.1.1117s67N nor 1_ c19.je4r rrna2oo n74 111. 02zt.ln1lldtn (TNT Ir ^ i[r.:r3s 7) mil lru ss has bean designed rot a 11.0 psi nohcrn chlx5 Ifve k:ad nemonci ranr 2rih alypfhx Ih•e rods. •3) ' -l6s truss has Deer/designed r0r a Ihw lox. of 22.0260 on Iha OJIhxn cnad 1n 62 arms oCero a reclal2.ie 3-6 0 tall by 20-0 uldeo 111 01 b3Rwun the bedevil Sind and any ether ni4nbers. 1) Prc{•U- rnacBa k:as conned:en 1)2. raha-s) of gigs K: bearing plan. canahki of ,:.ahslalwiirg 100 Ih upllfi df jus1{s1 2, 101. ihistruss 6 design4Jtl acor1anee ea/ the 21112 bat -national headenlia Ctd4 sections R56211.1 and H30210.2 aril ralarar:-e7 standard 8N ITPI 1 11l 5enrrlald p&hbrealiswllh flxai heals' Mdmber erd Ib:ly nc(1a1 ',Pas nerd n the a1:£;sls 2ln3 dedg1 or 1hls buss LOAD-CASE4S) Sledded Docac 1-kzfrac,_s— \-q (17,T ,-)Cs (iszQ-CA LW:5:cI kootQ l)? LL S (-V-eA-- ccJ\ Los C'sitex,cks t-e"sit, 0C FvuiNA-- CL4 0 (\e- Ki2. L.,--Icc-410A-1 111,42._ Cosr42.4- &INA: She_s- Sek Io k IQ S C rI O V ch l Cat? S kckN tcJL fts at Ocs- OCR liwater THE BIRTHPLACE OF PAINNASOIA PLANNING REPORT MEETING DATE: August 9, 2017 CASE NO.: 2017-31 APPLICANT: Colin Faulker, The Heights, representing Wild River Office Park, LLC, property owner REQUEST: Request for a Zoning Text Amendment (ZAT) to allow for Roominghouses to be located in the BP - I Business Park Industrial Zoning District by Special Use Permit ZONING: BP - I Business Park Industrial COMP PLAN DISTRICT: I - Industrial PREPARED BY: Erik Olson -Williams, Zoning Administrator/Assistant Planner APPLICANT REQUEST Colin Faulkner, of The Heights, has applied for a Zoning Text Amendment (ZAT) to allow for Roominghouses to be permitted by Special Use Permit in the BP - I Business Park Industrial zoning district. If the Zoning Text Amendment were approved, he would then proceed with the Special Use Permit process for the Commission's consideration of a Roominghouse, licensed by the MN Department of Health as a Boarding and Lodging Providing Special Services facility, on the parcel located at 1835 Northwestern Avenue, owned by Wild River Office Park, LLC. While the applicant has provided a specific plan for the future use of the aforementioned parcel, this is not for the Commission's consideration at this time. The application before the Commission is whether or not Roominghouses should be permitted by Special Use Permit on all BP - I Business Park Industrial zoned parcels. APPLICABLE REGULATIONS Municipal Code Section 31-205, Zoning Map and Zoning Text Amendment, indicates amendments may be made when public necessity, the general community welfare, and good zoning practice permit the amendment. The following findings must be made before an amendment to the zoning map or text is made: • That the public necessity, and the general community welfare are furthered; and ■ That the proposed amendment is in general conformance with the principles, policies and land use designations set forth in the comprehensive plan. COMPREHENSIVE PLAN The purpose of the Comprehensive Plan Chapter 2, Land Use, is to "designate lands appropriately located for a range of residential uses, neighborhood, commercial, light industrial, parks and open spaces on the land use map." Per this chapter of the Comprehensive Plan, areas guided for Industrial use are not intended to be used for residential purposes. Land Use also indicates that industrial uses make up only 0.40% of the City's land. Hastings and Anoka, two cities used as comparables by the Comprehensive Plan, have approximately 4.40% and 11.40% of their lands dedicated to industrial uses, respectively. The Comprehensive Plan calls for a greater share of the City's land to be dedicated to industrial uses, whereas this proposed Zoning Amendment would allow for parcels zoned Industrial to be used for non- industrial purposes. The applicant states there are currently no facilities in Stillwater which match the applicant's treatment philosophy, but there is one other facility with a Boarding and Lodging Providing Special Services license from the MN Department of Health. STAFF ANALYSIS Existing Zoning Code Provision In determining whether a proposed use will fit within a zoning district, the Commission should first be aware that the proposed use will need to conform to all provisions of the underlying BP - I Business Park Industrial zoning district. It should additionally be noted that as the applicant has proposed Roominghouses to be permitted by Special Use Permit, this would allow for individual review of each new Roominghouse in a Planning Commission public hearing prior to the approval of the new development. Therefore, if the ZAT was approved, the Commission would still have site -specific development review and opportunities for public input would occur. The BP - I Industrial Zoning District is a commercial district which does not allow for any residential uses. Permitted uses in this district are intentionally limited. Aside from uses of an industrial nature, only general, financial and medical offices are permitted within the BP - I Zoning District. Cultural amenities, government facilities, and retail of products manufactured on -site are allowed by Special Use Permit. Roominghouses are allowed by Special Use Permit in the Medium Density Residential (RCM) Zoning District. Roominghouses are not allowed in any other zoning district. A all RCM zoned lands are developed, and the existing structures on these parcels are the only places where the applicant's proposed use would currently be allowed. Comprehensive Plan: Land Use and Density In approving a ZAT to allow for Roominghouses to be located by Special Use Permit in the BP - I - Industrial Zoning District, the use of the property would not be consistent with the Future Land Use Plan of using industrial zoned properties for industrial uses. If the ZAT is approved, it would allow for all industrial -zoned properties to be used for a residential use, necessitating a Case No. 2017-32 CPC: 08/09/2017 Page 2 of 3 Comprehensive Plan Amendment, to guide industrial -zoned properties for high -density residential use. PROPOSED TEXT AMENDMENT Sec. 31-325. - Allowable uses in non-residential districts ALLOWABLE USES ZONING DISTRICTS CA CBD VC BP-C BP- 0 BP -I CRD PA PWFD PROS Roominghouses SUP ALTERNATIVES, FINDINGS, AND RECOMMENDATION The Planning Commission has the following options available: 1. Recommend that the City Council approve Zoning Text Amendment 2017-31 allowing for Roominghouses in the BP - I Industrial Zoning District. 2. Recommend that the City Council deny the requested ordinance amendment. 3. Table consideration for more information. Staff finds that the preservation of industrial -zoned properties for industrial use is in the public interest, and that allowing for Roominghouses in the BP - I - Industrial Zoning District would risk the loss of industrial lands. Staff further finds the proposed 2017-31 zoning text amendment is not in general conformance with the principles, policies, and land use designations set forth in the comprehensive plan. Therefore, staff would recommend the Planning Commission forward a recommendation of denial to the City Council. ATTACHMENTS Zoning Map Site Location Map Applicant Narrative Request Washington County Letter of Support Case No. 2017-32 CPC: 08/09/2017 Page 3 of 3 1 t �- 1 llwater 1 I d Are G� 1 47. CI k i 11, r I JN �' ul -___ it — b . Pam[ ^ The Birthplace of Minnesota W,OAE Site Location Map 1835 Northwestern Avenue ,1.1 f T ,VIk111 LLJ r:rir .r il1iq 9)14409 19 IINi 1'6 LZ :__j:;;: 1: ,f/1,rr 1 1 iiiil1 1 :1 m r t ' ' a!` � 0 LLJ e. nr� Z (�/ RR m ins I, may, ' 0 125 250 500 Feet r dm -- w> fir/ xy'. General Site Location r i _.._.._ ; .. ,. !I/IUIIkII1IIIi7.11IIY 1 1,11 1 1, i.l YY1./4. yg al `° • ' 1 i \ .�• m 0y' _ _— L—�— i 2,11 - - \\ Cr1"5": �.. •..-+tea.- _ - _ The Heights 1246 University Ave W #101, St. Paul, MN 55104 tel 651-558-9522 fax 651-207-1771 Address: 1835 Northwestern Ave South Assessor's Parcel #: 3203020410019 Complete Property Legal Description: SUBDIVISION NAME FEELY'S ADP LOT 7 B.LOCK 3 SIJBDIti'ISION('1) 09615 P"1' OF LOT 7 I1L.K 3 BEING 11-11 S 126FT OF LOT 7 BLK 3 FEELY'S ADDITION CONTAINING 1.16A MIL SUB,J TO UTILITY & DRAINAGE EASE OVER UNDER & ACROSS THE N 10FT THE S 10FT THE E LOFT & W 20FT THEREOF Description of Project: My name is Colin Faulkner and I am the Owner/Executive Director of The Heights, a 16-bed co- occurring residential treatment program serving women in St. Paul. Because of our high graduation rate and waiting list, we are looking to expand our program to the above referenced property. Currently it is zoned BPI which does not allow for a Board and Lodge/Rooming house establishment. I am requesting either a change in zoning district or an amendment to the zoning table to allow a special use permit for a residential program. I have been working with Erik Olson -Williams at the Stillwater Zoning Administration and he believes that these are the two options I have. Please advise if there is an alternative option. I am looking to establish a 16-bed residential facility that would require a Board and Lodge license from MN Department of Health and a Rule 31 program license from MN Department of Human Services. We are committed to expand our programming to Stillwater for a number of reasons. There is a growing need for chemical treatment programming, specifically women's programming. Stillwater is an ideal location as it is located in a less densely populated community, but is not so far removed as to have access to top rated facilities and services, and we have found that many women decline treatment as they do not wish to be in a large metropolitan setting. Additionally, Stillwater is a progressive city that prides itself on taking care of its residents. There currently are no programs in Stillwater that match our treatment philosophy. Finally, it would provide at least twenty employment opportunities to various levels of educational backgrounds in the Stillwater community. There are many pros to the above referenced location. Currently the building is available and has been vacant for some time. It is in close proximity to providers and emergency health care. In its current state there is no need for major remodeling of the building, only minor interior changes and the addition of two bathrooms. We have approached the Department of Human Services and Washington County Community Services about our intent and have received full support from both departments, including the attached Statement of Need that was obtained in less than a week's time frame. I urge you to please consider my request. I look forward to hearing from you. Respectfully, Colin Faulkner Executive Director Direct: 612-308-5077 colin.f@theheightsmn.org www.theheightsmn.org Washington June 23, 2017 To: Emily Johnson Piper Commissioner of Minnesota Department of:Human Services P.O. Box 64998 Saint Paul, MN 55164-0998 Community Services From: Chris Sorensen. Washington County Community Services Director on behalf of Washington County Board of Commissioners RE: Letter of Support for The Heights This letter is to inform you that on 6/20/17 Washington County Community Services received correspondence from Colin Faulkner, Executive Director of the Heights (a women's medium and high intensity residential treatment program), who requested a statement of support to establish a Rule 31 treatment center in Washington County (per Minnesota Administrative Rule 9530.6800). Washington County Community Services followed up with Mr. Faulkner by telephone and obtained additional information about The I Ieights' business plan and was informed of this group's anticipation to open a gender specific Co -Occurring residential women's treatment program. If successful, this organization intends to purchase a property in the city of Stillwater. Their intent is to expand treatment options for women in the East Metro, preferably in a more rural/suburban community. Washington County lacks choice and options for women seeking residential treatment, there is only one program similar to the Heights within Washington County located in Scandia. Washington County Community Services on behalf of the Board of Commissioners supports The Heights' business plan, their dedication to serve a gender specific population, and their desire to locate a property and operate a Rule 31 program within the region of Washington County. Res •ec i11 Chris Sorensen, MSW Director. of Washington County Community Services CC: Alcohol and Drug Abuse Division, Minnesota Department of Human Services Colin Faulkner, Executive Director of The Heights ❑ Service Center Cottage Grove 13000 Ravine Parkway Cottage Grove, MN 55016 Phone: 651-430-4159 Fax: 651-430.4193 Service Center Forest Lake 19955 Forest Road N Forest Lake, MN 55025 Phone: 651-275-7260 Fax: 651-275-7263 0 Government Center 14949 62nd St N P.O. Box 30 Stillwater, MN 55082-0030 Phone: 651-430-6455 Fax: 651-430-6605 O Service Center Woodbury 2150 Radio Drive Woodbury, MN 55125 Phone: 651-275-8650 Fax: 651-275-8682 Toll -free: 1-844-711-1907 / www.co.washington.mn.us s Washington County Is an equal opportunity organization and employer liwater THE BIRTH P L A TE OF MINESOJ PLANNING COMMISSION MEETING DATE: August 9, 2017 CASE NO.: 2017-33 APPLICANT: Rick Carlson, property owner REQUEST: Consideration of a 4' Variance to the front yard setback for the construction of an 8' x 19' porch. Rick & Stacey Carlson, property owners. ZONING: RB - Two Family Residential COMP PLAN DISTRICT: LMDR: Low -Medium Density Residential PREPARED BY: Erik Olson -Williams, Zoning Administrator/Assistant Planner REQUEST & BACKGROUND Rick Carlson is requesting an 8' variance to the required 20' Front Yard Setback for the construction of a front porch, to be located 16' from the west property line. A building permit was previously issued for this proposed porch on June 22 but was put on hold on June 28 after staff discovered that the permit had been issued in error and the porch would require a setback variance. APPLICABLE REGULATIONS AND ANALYSIS The purpose of the variance is to "...allow variation from the strict application of the terms of the zoning code where the literal enforcement...would cause practical difficulties for the landowner." In addition to the requirements, below, Section 31-208 indicates "[n]onconforming uses or neighboring lands, structures or buildings in the same district or other districts may not be considered grounds for issuance of a variance" and "...a previous variance must not be considered to have set a precedent for the granting of further variances. Each case must be considered on its merits." 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 general purpose and intent of the Zoning Code is to regulate and restrict use of land for the protection of public health, safety and welfare. The purposes of the Front Yard Setback are in part to maintain an open, unoccupied and uniform space for aesthetic and environmental benefits; and to provide separation between neighboring homes for light and air circulation, to provide sufficient space to maintain each home, to provide sufficient stormwater drainage. The proposed 16' setback is in harmony with the general purposes and intent of the zoning code. The variance is consistent with the comprehensive plan. There are no elements of this proposal that are in conflict with the Comprehensive Plan. The applicant for the variance establishes that there are practical difficulties in complying with this chapter. "Practical difficulties," as use in connection with the granting of a variance, means that all of the following must be found to apply: The property owner proposes to use the land in a reasonable manner for a use permitted in the zone where the land is located, but the proposal is not permitted by other official controls; The property owner proposes to use the land in a reasonable manner, as it is reasonable to have a front porch in a residential area. The plight of the landowner is due to circumstances unique to the property and that are not created by the landowner; and The location of the home on this property makes it possible to construct a front porch of only four feet in depth without a variance. The applicant did not construct the house or move it to its current location. The variance, if granted, will not alter the essential character of the locality. Many houses in the subject property's neighborhood have front porches, some of which are set back less than 16' from the front property line. The variance, if granted, will be in conformance with the essential character of the locality. ALTERNATIVES The Planning Commission has the following options: 1. Make the finding that practical difficulties do exist for the property owner and approve a 4'variance to the 20' Front Yard Setback [City Code Section 31-308(b)(1)] from the South property line for the construction of a 8' x 19' front porch, at the property located at 225 North Martha Street, 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. Case No. 2017-33 CPC: 08/09/2017 Page 2 of 3 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. 2017-33. b. 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 finding that practical difficulties have not been established and deny the variance, with or without prejudice. 3. Table the application and request additional information from staff or the applicant. FINDINGS AND RECOMMENDATION On the basis that a building permit has already been issued for the project and the granting of the proposed variance will not alter the essential character of the locality, staff recommends approval of the variance request. ATTACHMENTS Site Location Map Narrative Request Neighborhood Petition Expenditure Report Proposed Site Plan Case No. 2017-33 CPC: 08/09/2017 Page 3 of 3 EVERETT STREET 0 m 7) Ti .� - _Sjlllwater , ,. „, _. ,•f ":fib, a y.i t '*A ` ,., Ili- �, _ 't , t 111 O ERR'( Sl E o CV\ �m `�� m EPSI \N oEN s The Birthplace Site Location Carlson 225 North of Minnesota ' W NrilCP Map Residence Martha Street ST LLI 2 EPS1 O i ;, Y S�REE� t Z STRE DIES ' '� j\� 0 190 380 760 Feet co w it -- ,� ;� n o General Site Location in ~ Q 4t„., ' rco • l,7.Pt I/,o,— ea ,} ft 0 H Q Q w WEST 2 RICE STREET w S-�REE w L MAR-c\-E 0 �ES� z�r 1 g l:sail T7 is N .l + o • i * , \�� �. E O SERE E� z , fir, S-�RE �.� YR E al O S�NV� ,__ �.._.._.._.. •— ' L • �" s • ~ a� WEST M t'�ti r G� CNE , '10. Z \nIES"C Date 7/13/17 Subject Variance for porch at 225 N Martha Stillwater MN Home owner Rick & Stacey Carlson On June 22, 2017 I was informed my permit application had been reviewed, approved and ready to be picked up. After hearing this 1 immediately went to work preparing our home for a wrap around porch addition. I rented a skid steer and began demolition of the front entry stoop, concrete stairs to the stoop, a 3x10 porch with slab on the south side of the home and all sidewalks that were in the way of proposed porch. All of this material was loaded into a 15 yard dumpster and hauled away with an empty dumpster retuned later in the day. I then attached 2x10 rim joist to the house in preparation of the floor joists. On the following Tuesday, June 27 the utilities were marked in preparation for the Goliath Tech Screw pile foot- ings. After arriving home from work I discovered that the gas line was centered on 4 of the footing locations. The following morning I presented my problem to Cindy Shilts and proposed a solution to either make the entire porch 2 feet wider or keep the same dimension and cantilever the south side to keep the footings away from the gas line. Cindy indicated that she didn't think that would be a problem and went to review the proposal with Erik Olson - Williams who had viewed and approved my plot map & permit. She came back with bad news, Erik said he should have not approved the plot map as the proposed porch would be too close to the West property line. Although my plot map clearly shows a measurement of 40 feet from the center of Martha street to the west side of my house as I was uncertain where exactly the West property line was. Erik then informed me that I would require a variance to proceed with the porch addition and that the next meeting was August 9. Now keep in mind this information was given to me after I had completely torn my house & yard apart in prepara- tion for our new porch. I asked Erik if there was another solution to this problem and he said he could amend the permit to allow a 3 foot porch as apposed to an 8 foot porch which the plan indicates. Not a solution. After receiving this information I viewed other homes on my street and noticed several homes and porches far closer to the property line than my proposed plan. It is my hope that the Planning Commission finds that I indeed should be allowed a variance and be refunded $200.00 for the variance due to the City Zoning Administrator not reviewing my plot map thoroughly. Please find signatures of my neighbors indicating their approval of my addition of a wrap around porch. Regards Rick Carlson We the undersigned neighbors to Rick & Stacey Carlson approve the porch addition proposed for 225 N Martha St. and believe it will be an asset to the neighborhood. Name Name ,casrie Cs) r -ilewo' Address 2 is . a [ k QaA/Address .2O frog /4 Si Name JIRi Name Name Name Name Nance ihis 1� dress Si nature nature ciISignatur Address t I ` ► vtlio Sianatur ddress UJ Address;i Address guaokAddress 4 s • 404 �f •' iaii■ �. Si• ature 4 IL ,Aar , ture 1 natur . 40 . eL 11�� •-,, Rya f .►� Si a Name Address Signature Name Name Name Name Address Address Address Address Signature Signature Signature Signature Name Address Signature Name Address Signature Name Address Signature Name Address Signature Name Address Signature Name Address Signature Name Address Signature Name Address Signature 1 1 Attachment for Variance at 225 N Martha St Expenditures thus far in preparation for a wrap around porch 15 yard dumpster $1,099.00 Rental equipment $467.00 Materials $253.00 Labor $320.00 Building permit $455.66 Total $2594.66 liwater THE BIRTH P L A TE OF MINNFSOIA PLANNING COMMISSION MEETING DATE: August 9, 2017 CASE NO.: SUP/2017-34 APPLICANT: Brian Brosdahl, property owner REQUEST: Request for a Special Use Permit for a two family residence to be located in the structure at 419 2nd Street South ZONING: Central Business District COMP PLAN DISTRICT: Downtown Mixed Use PREPARED BY: Erik Olson -Williams, Zoning Administrator/Assistant Planner REQUEST The applicant is requesting a Special Use Permit for a two family residence to be located in the structure at 419 2nd Street South. BACKGROUND All residences located in the Central Business District Zoning District require a Special Use Permit. The subject property has long been used as a residence but has never received a Special Use Permit for this use. APPLICABLE REGULATIONS AND GUIDELINES The purpose of specially permitted uses 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. In approving a special use permit or conditional use permit, it must be determined by the planning commission that: • The proposed structure or use conforms to the requirements and the intent of this chapter, and of the comprehensive plan, relevant area plans and other lawful regulations; • Any additional conditions necessary for the public interest have been imposed; and • The use or structure will not constitute a nuisance or be detrimental to the public welfare of the community. ANALYSIS AND DISCUSSION Municipal Code Section 31-207 indicates the following must be determined by the Planning Commission prior to the issuance of a Special Use Permit: The proposed structure or use conforms to the requirements and the intent of this chapter, and of the comprehensive plan, relevant area plans and other lawful regulations. • Zoning Ordinance o Use: Residences are allowed in the Central Business District by Special Use Permit. o Parking: All residences are required to have at least one uncovered and one covered parking space per dwelling unit. The subject property currently has a two -car garage and parking for at least two additional vehicles on the driveway. Given this, the existing residence meets the off-street parking requirements. • Comprehensive Plan - The Housing Chapter of the Comprehensive Plan indicates an objective to maintain the mix of housing types. Any additional conditions necessary for the public interest have been imposed; and Staff has not identified any public interest concerns. • Public Concerns - No public concerns have been identified through the public input process to date. • Exterior changes - Section 31-319 of the Stillwater City Code requires that the Heritage Preservation Commission (HPC) conduct a design review on exterior changes. The applicant plans to replace the garage at the subject property and has already received approval for these exterior changes. The use or structure will not constitute a nuisance or be detrimental to the public welfare of the community. Staff has determined a residence in this location has not been a detriment to the public. FINDINGS, ALTERNATIVES AND RECOMMENDATION Staff finds the single family residence conforms to the requirements and the intent of the zoning code, the comprehensive plan, relevant area plans and other lawful regulations if conditions of approval are met. The Commission has the following options: 1. Approve the Special Use Permit with or without conditions 2. Deny the Special Use Permit 3. Table the request for more information Staff recommends the Commission approve the SUP/2017-33 with the following conditions: 1. All future exterior changes to the residence shall be reviewed and approved by the Heritage Preservation Commission. 2. All changes to the approved plans will need to be reviewed and approved by the Community Development Director. Any major changes will need to go to the Planning Commission for review and approval. 419 2nd Street South Case No. SUP/2017-34 Page 2 of 3 ATTACHMENTS Site Location Map Narrative Request Floor Plan 419 2nd Street South Case No. SUP/2017-34 Page 3 of 3 1.7,01 OLw �1 �\�w \ pN F°LE� ON ,, S ,, ; C.11- . 114 �, N 4(jH1VV'11iL u'rt •,, --* j ?t - JY q ram. X t A oy. x s ., �,A ,, = -�,, F�� , c.l)lli; . _. C., �, -4* G. - "-5.• S " y e ' A - 0\ N� S �O A) , \ M G Ns , ! �{ �:.. .. The Birthplace of Minnesota 419 2nd Street South Site Location Map GI Subject Property Parcel Boundaries 04.- Municipal Boundary 0 105 210 420 Feet 3�. ^• 0 yy, General Site Location u rF A Ai ='I t, r° "` qrr A. e e,,� 4 ijk'� _ - ;� , III li .73 k cn cp\SI ,l -+-ON ; — K „, w `I ; e o p op °o o ', Q •I i Je I r •Y .'� ` '� 1 � � 0 � � �.. �" � 1 �`> DATE: July 17, 2017 CASE NO.: TBD APPLICANT: Brian Brosdahl, property owner REQUEST: Conditional Use Permit Application for Existing Duplex LOCATION: 419 2nd Street South, Stillwater, MN 55082 ZONING: CBD — Central Business District PUBLIC HEARING DATE: August 9, 2017 ATTACHMENTS Attachment 1— Property Description Attachment 2 — Survey Attachment 3 — Site Plan Attachment 4 — Building Plans/Elevations To Whom It May Concern: The subject property at 419 2nd Street South is situated on the bluff overlooking downtown and the Saint Croix River directly above Teddy Bear Park. The property is located within Downtown Mixed Use on the Comprehensive Plan and zoned as CBD — Central Business District. It is an existing duplex, that has never been permitted as a duplex, so incorrectly classified as single family home. The existing home on the property was constructed in 1868. Thus, this application is a request to obtain the proper permit that will now correctly classify building as a duplex. Thank you. Sincerely, Brian Brosdahl 4 3,1 4 [N,7 -••r 17111 4 I. j.. A, 4 , • 2:Pc.11.7 „ 1,51; +-fay pt. 11 r- 7-'17542€, HdV oma o 4 91,-°S tierh, 71011 '21 '.1L/ 1."14-3Z1 r---tr--- non ,70' traV -Tag rArt,,,,EZZA ck• H,1-11 Zol r-- Ulwater THE 6 1 N T N PLACE OE MINNESOTA PLANNING REPORT DATE: August 4, 2017 CASE NO.: 2017-37 TO: Planning Commission APPLICANT: Rick and Missie Swanson LAND OWNER: Rick and Missie Swanson REQUEST: Type B Short Term Home Rental (STHR) STHR LOCATION: 2023 Schulenburg Alley ZONING: RB, Two -Family Residential REPORT BY: Bill Turnblad, Community Development Director BACKGROUND Rick and Missie Swanson own and live at the property on 2023 Schulenburg Alley. They have made application for a Type B Short Term Home Rental license. A Type B Short Term Home Rental is defined in the Stillwater Zoning Code as a home that is offered to transient guests, where the property serves as the operator's primary residence but the operator is not present while the transient guests are there. When a Type B license is requested, the Zoning Code requires a notice to be mailed out to neighbors explaining the request. And informing the neighbors that if they have any concerns, those concerns will be considered by the Planning Commission. If no concerns are submitted to the city, then staff issues the license. In this case, three neighbors had concerns. Therefore, the Planning Commission is tasked with considering the license request to determine whether it should be approved or denied. EVALUATION OF REQUEST Performance Standards All of the performance standards required of Type B Short Term Home Rentals are met with the exception of parking. STHR License August 4, 2017 Page 2 In residential zoning districts, all guest parking must be accommodated on improved surfaces on the owner's property. At a minimum, parking shall be provided at the following rate: i. 1-2 bedroom unit, 1 space ii. 3 bedroom unit, 2 spaces iii. 4 and 4+ bedroom units, number of spaces equal to the number of bedrooms minus one. The Swansons offer three bedrooms to guests. So, two improved parking spaces must be provided "on the premises". The property as it is configured and improved today does not, in staffs opinion, provide these two parking spaces. On the north side of the garage are three parking spaces in the driveway. But these spaces are located within the right-of-way of Alder Street and therefore staff does not believe they meet the requirement that the spaces by "on the premises." In addition, since all three of the concerns submitted by neighbors are related to parking on and along Alder Street, it would not be advisable to interpret these three spaces as being "on the premises". There are two standard sized parking spaces (9' x 18') on the property with access from Lake Street. But, these two spaces are not improved with any kind of pavement or paver system. And they would be inconvenient for guests Finally, there is a space off of Schulenburg Alley that has a paver surface. But, the space is undersized. The Swanson's propose to redesign the parking space to accommodate the two guest vehicles. STHR License August 4, 2017 Page 3 Parking on Alder Though not directly related to the Short Term Home Rental license, the concerns expressed by the neighbors are all related to parking on Alder Street. Given the "S" curve and narrowness of the road, parking creates obstructions. Yet, simply prohibiting parking on Alder is not a reasonable solution, since Schulenburg Alley is so narrow that parking is not possible there at all. Therefore, planning staff recommends that the City's traffic safety committee consider potential solutions. ALTERNATIVES A. Approval. If the Planning Commission finds issuance of the license to be acceptable with the condition that two parking spaces off of Schulenburg Alley be improved for guest use prior to issuance of a license, then a majority vote of the Planning Commission would authorize issuance of that license. B. Table If the Planning Commission finds the request to have incomplete information, the case could be tabled. C. Denial If the Planning Commission finds that the request is inconsistent with Code requirements, it could be denied. With a denial, the basis of the action should be given. RECOMMENDATION Staff recommends issuing the license after the two parking spaces off of Schulenburg Alley are improved for guest use. Staff also recommends that the City's traffic safety committee consider the Alder parking situation. cc: Rick and Missie Swanson Planning Commission June 14, 2017 inspection on May 24, 2017. Several corrections are required, but work has been scheduled already so staff is comfortable recommending approval with the understanding that the work will be completed and the inspection must be passed before the CUP is effective. Commissioner Lauer asked what proof of insurance means. He added that some carriers dislike the idea of a property owner renting out their home. Mr. Turnblad replied that a certificate of insurance covering guests and property must be submitted and verified by staff. Sarah Hietpas, 3704 Kinder Court, Lake Elmo, stated she, husband and her parents will manage the property. They have commercial insurance. It's a unique space that has a one car garage for off-street parking which is uncommon for downtown. The fire and building inspector indicated two deficiencies and both should be corrected within the next couple of weeks. She is requesting approval of the CUP; the license may be held until the reinspection. Chairman Collins opened the public hearing. There were no public comments. He closed the public hearing. Motion by Commissioner Fletcher, seconded by Commissioner Hansen, to approve Case No. 2017-18, Conditional Use Permit to operate a Type C Short Term Home Rental at 210 Main Street South, with the 14 staff -recommended conditions. Motion passed 5-1 with Siess voting nay, stating she is uncomfortable approving it before the safety inspection is passed. Case No. 2017-19: Conditional Use Permit to operate a Type C Short Term Home Rental to be located at 520 Main Street North. ABS Company, property owner. Monty and Terri Brine, applicants. Community Development Director Turnblad reviewed the request. Monty and Terri Brine, ABS Company, own the duplex at 520 North Main Street. They have recently renovated the property and would like to offer both units to vacation rental guests. The property is zoned properly for both duplexes and vacation rentals. The Brines have submitted applications for both the Conditional Use Permit and the license to operate a Type C Short Term Home Rental (STHR). A letter of support was received from neighbor Linda Amrein, 307 East Laurel Street. Staff finds the regulations in Ordinance 1093 to be satisfied and recommends approval with 12 conditions. Terri and Monty Brine stated they have been working on the property almost two years and feel that using it as a VRBO might be the best way to have it stay nice rather than traditional rental. Chairman Collins opened the public hearing. There were no public comments. He closed the public hearing. Motion by Commissioner Siess, seconded by Commissioner Kocon, to approve Case No. 2017-19, Conditional Use Permit to operate a Type C Short Term Home Rental at 520 Main Street South, with the 12 conditions recommended by staff. Motion passed 6-0, all in favor. Case No. 2017-20: Conditional Use Permit to operate a Type C Short Term Home Rental to be located at 1008 Oak Street West. Joseph Metzger, property owner. Community Development Director Turnblad reviewed the request. Joseph Metzger has submitted applications for both the Conditional Use Permit and the license to operate a Type C Short Term Home Page 4 of 12