HomeMy WebLinkAbout2018-127 (Special Use Permit & Variances for Condo Project 107 N 3rd Street) RESOLUTION 2018-127
CITY OF STILL WATER
WASHINGTON COUNTY, MINNESOTA
A RESOLUTION APPROVING A
SPECIAL USE PERMIT AND VARIANCES
FOR A CONDOMINIUM PROJECT AT
107 North 3rd Street
CPC CASE NO. 2018-23
WHEREAS, Jon Whitcomb, Browns Creek West, LLC has submitted an
application for a Special Use Permit and related setback variance to develop and
operate a residential condominium project at 107 N. 3rd Street on property legally
described on Exhibit A; and
WHEREAS, on May 9, 2018 the Planning Commission held a public hearing on
the associated requests and, upon hearing testimony from the public, referred decision
on the requests to the City Council; and
WHEREAS, on June 19, 2018 the City Council heard the requests and found
them to be consistent with the City's Zoning Ordinances, Subdivision Ordinances, and
Comprehensive Plan.
NOW, THEREFORE, BE IT RESOLVED, that the City Council of the City of
Stillwater hereby approves the Variances and Special Use Permit for Browns Creek
West, with the following conditions:
1. This Special Use Permit is in all ways a Conditional Use Permit as the term is used in
Minnesota Statue Section 462.3595.
2. Plans shall be substantially similar to those found on file with CPC Case No. 2018-
23, except as modified by the conditions herein or by the Heritage Preservation
Commission approval Design Permit.
3. The Special Use Permit and Variances will not become effective until a Design
Permit has been reviewed and approved by the Heritage Preservation Commission.
4. Refuse shall be kept inside at all times with the exception of collection day. Refuse
containers outside on collection day shall be stored on private property and shall not
block the public right-of-way, including the sidewalk.
5. All mechanical units shall be enclosed or screened from public view.
6. Landscaping shall be required on all four sides of the building. No landscaping or
other obstructions may be planted or placed in the traffic site visibility triangle
shown in blue on Site Plan A2 dated April 20, 2018.
Case No. 2018-127
Page 2 of 2
7. Landscaping shall be reviewed and approved by the Heritage Preservation
Commission together with its Design Permit review.
8. If the project is to have any permanent signs, a sign plan shall be submitted for
review and approval by the Heritage Preservation Commission together with its
Design Permit review.
9. Unused areas of the existing parking lot and drive lanes to the west of the
condominium building shall have the asphalt and street curb cuts removed. Also,
the area must be restored with turf, except in areas where concrete sidewalks must
be added. Details must be approved by the City Engineer prior to release of the
building permit for the project.
10. The project will require full review by the Middle St. Croix Watershed Management
Organization and approval will be required prior to issuance of any building or
grading permits by the City.
11. No storm water runoff shall drain on to the adjacent property to the east.
12. Storm water from the new building shall be connected to an existing storm sewer
pipe.
13. The existing storm sewer in the parking lot shall be removed by the developer.
14. The structure will need to have a fire suppression system installed and meet all
building, plumbing, mechanical/fuel gas, accessibility, and energy codes prior to the
issuance of a building permit for construction.
15. As per City Code Section 31-204 Subd. 7(a) and 7(b), minor modifications shall be
approved, in advance, by the Community Development Director. Major
modifications shall be heard by the decision-making authority in a public hearing.
16. If the City Council approves any public financial assistance for the condominium's
basement parking, then the property owner must agree to waive his claim on the 40
parking spaces specified in the development agreement for the adjacent municipal
ramp.parking (Denied public financial assistance by Council)
17. Prior to issuance of a building permit for the condominium building, traffic
mitigation design features shall be incorporated into the plans, and approved by
City staff.
Enacted by the City Council of the City of Stillwater, Minnesota this 19th day of June,
2018.
CITY OF STILLWATER
Ted Kozlowski, ayor
ATTEST:
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Diane F. Ward, City Clerk