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HomeMy WebLinkAbout8196 (Res.) .... 40""''' FINDINGS OF FACT, RQUSS,EAU HOUS.E r RESOLUTION NO. R1Q~ WHEREAS, the Stillwater City Council has approved and adopted a Riverway Bluffland/Shoreland Ordinance, City Code Chapter 31.06, consistent with the National Wild and Scenic Rivers Acts, the federal and state Lower st. Croix Acts, and Master Plans and Minnesota Rules, parts 6105.0351 to 61.0550; and WHEREAS, the Minnesota Department of National Resources has certified the City Riverway Bluffland/Shoreland Ordinance as complying with the state policies and rules requirements; and WHEREAS, the City of Stillwater received an application for an alteration and expansion of an existing substandard structure including the extension of an existing attached deck located at 120 Lakeside Drive in the Riverway Bluffland/Shoreland District in the City of Stillwater, the "Rousseau home;" and WHEREAS, public notice was given and information provided regarding the application to government agencies, adjacent property owners and the public as required by the Riverway Bluffland/Shoreland Ordinance; and r WHEREAS, the City Council held public hearing on the application at a regular meeting held on October 17, 1989; and WHEREAS, at the hearing, the City Council considered the staff report describing the property and explaining the need for a determination regarding the conspicuousness of substandard structures; and WHEREAS, the City Council reviewed a video tape recording and 35 mm pictures and other exhibits showing the structure as viewed from the river; and WHEREAS, the City Council considered testimony, exhibits and written correspondence from the applicant, members of the public, Department of Natural Resources and Minnesota/Wisconsin Boundary Area Commission; and WHEREAS, based on a review of the project plans, personal viewing of the structure from the river by some Councilmembers, pictures and video tapes showing the project from the river during summer months, testimony from the public and state and federal agencies, the City Council of the City of Stillwater adopted the following: r ... .. Ioi., ::1:1. . r FINDINGS OF FACT 1. home is the home That the deck on the riverward side of the Rousseau attached to the home and therefore an integral part of structure and is not a separate structure. 2. That the deck is extended parallel to the river and bluff line at the same or greater setback as the preexisting deck and is not roofed. 3. That the Rousseau home is located on a small urban lot in a neighborhood urban setting. 4. side, the the river home. That houses north side, in front of surround the Rousseau home on the south and behind the home, and houseboats clutter and to the north and south of the Rousseau 5. That there are extensive shoreline vegetation and trees close to the Rousseau home that partially obscure the view from the river since some of these trees are higher than the Rousseau home. 6. That the home is of an earthtone color that blends with the adjacent surroundings and is unobtrusive relative to the r background. 7. That most people who view the structure from the river view it from a distant channel located some 2,000 feet away and that islands covered with dead trees and vegetation partially obscure views of the Rousseau home from that vantage point. 8. That the background to the Rousseau home and adjacent residential structures is a tree covered hill much higher than the homes. 9. That the Rousseau home does not appear much taller than any adjacent structure and no taller than two-story homes that are visible from the river but not located in the riverway district. 10. That viewed from a full range of riverward locations from far north to far south, views of the Rousseau home are obscured much of the time by vegetation adjacent to the Rousseau home or vegetation covering the islands that interrupt the view of the Rousseau home from the channel. r 11. That the Rousseau home is not readily noticeable when viewed from the river in the summertime since two adjacent marinas and large boat docks and docked boats dominate the view of the neighborhood from the riverway. r- 12. That at least twenty-three thousand riverway travelers in 1989 passed by the Rousseau home on the river and no federal, state or local government agency received a complaint that the Rousseau house is noticeable. 13. That other structures in the riverway district that have received variances are much more visible and noticeable than the Rousseau home, such as the Dock Cafe and the colored awning at Popeye's Restaurant. 14. That the Rousseau home is essentially a two-story structure of the same design and character as most of the hundreds of other houses located within the City of Stillwater visible from the riverway. 15. That the testimony at the hearing reflected strong public sentiment that the Rousseau home and any appurtenant structures are visually inconspicuous and not noticeable. CONCLUSIONS NOW, THEREFORE, BE IT RESOLVED, that the alteration, expansion and extension of the substandard structure as proposed by the Rousseaus is visually inconspicuous in summer months as viewed from the river. r BE IT FURTHER RESOLVED that the project is consistent with the City's comprehensive plan, the development pattern of the area and the general community welfare. Adopted by the City Council this 1989. 7th day of November, w~~rahamson, Mayor Attest: M~J?~'~ r , - 3 - nlI ~ Ii ! I I II IIII