HomeMy WebLinkAbout2018-08-08 CPC Packet
PLANNING COMMISSION MEETING
Council Chambers, 216 Fourth Street North
August 8th, 2018
REGULAR MEETING 7:00 P.M.
I. CALL TO ORDER
II. ROLL CALL
III. APPROVAL OF MINUTES
1. Possible approval of minutes of July 11th, 2018 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 or 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.
2. Case No. 2018-36: Consideration of a Zoning Text Amendment requiring City Code Section
31-521 apply only to the top of slope. Mary Russel, property owner and Larry Lappi,
applicant.
3. Case No. 2018-37: Consideration of a Preliminary Plat and Zoning Map Amendment to
rezone and subdivide land into three lots for the property located at 8040 Neal Ave N in the
AP district. Richard and Cheryl Ross, property owner and Dan Thurmes, applicant.
4. Case No. 2018-38: Consideration of a Preliminary Plat and Zoning Map Amendment to
rezone and subdivide land into three lots for the property located at 8120 Neal Ave N in the
AP district. Bruce and Linda Livermore, property owner and Dan Thurmes, applicant.
5. Case No. 2018-39: Consideration of a Special Use Permit to allow for outdoor events to be
held at the Stillwater Public Library, located at 223 4th Street N in the PA district. Mark
Troendle, applicant.
6. Case No. 2018-40: Consideration of a Special Use Permit to construct an Accessory Dwelling
Unit on the property located at 406 Wilkins St W in the RB district. Kyle and Jennifer
Anderson, property owners.
7. Case No. 2018-41: Consideration of a Variance to the 30% maximum allowed lot coverage to
build a new residence and associated improvements on the property at the corner of Pine and
Seeley located in the RA district. Henry Borg, property owner.
8. Case No. 2018-42: Consideration of a Variance to the maximum allowed structural coverage
and accessory structure coverage at the property located at 1114 4th St N in the RB district.
Gretchen Froehner and Rebecca Tarvainen, property owners.
9. Case No. 2018-43: Consideration of a Special Use Permit to for two existing, second-story
dwelling units, a new bar and grill, and a distillery at the property located at 227 Main St S in
the CBD district. Mark Miller of Neon, LLC, property owner.
VI. ITEMS OF DISCUSSION
VII. FYI – STAFF UPDATES
VIII. ADJOURNMENT
PLANNING COMMISSION MEETING MINUTES
July 11, 2018
REGULAR MEETING 7:00 P.M.
Chairman Collins called the meeting to order at 7:03 p.m.
Present: Chairman Collins, Commissioners Fletcher, Hade, Hansen, Kocon and Lauer;
Councilmember Menikheim
Absent: Commissioner Siess
Staff: City Planner Wittman
APPROVAL OF MINUTES
Possible approval of minutes of June 13, 2018 regular meeting
Motion by Commissioner Fletcher, seconded by Commissioner Hansen, to approve the minutes of the
June 13, 2018 regular meeting. Motion passed 5-0-1 with Commissioner Kocon abstaining.
OPEN FORUM
There were no public comments.
PUBLIC HEARINGS
Case No. 2018-35: Consideration of a Conditional Use Permit to operate a Type C Short Term Home
Rental for the property located at 207 Myrtle Street West Suite #11 in the RCM District. Kristina and
Pat Blanda, property owners.
City Planner Wittman stated that Pat and Kristina Blanda have applied for a Type C Short Term
Home Rental license and a Conditional Use Permit (CUP) for residential condo unit #11 at 207
Myrtle Street West. She stated that the biggest challenge with this application involves parking. The
11-unit residential condo complex has seven enclosed garage spaces and seven surface lot spaces for
a total of 14 parking spaces onsite. The complex does not meet the current standards for parking.
The applicant has indicated they have a dedicated garage, but use it for storage and would prefer
renters utilize the surface lot spaces. City staff has advised the applicants that the Home Owners’
Association (HOA) must be willing to dedicate a specific surface level parking spot to Unit #11’s
Short Term Home Rental when guests are present. If not, the applicant will be required to commit
the garage space for renter use. The safety inspection for this property was conducted on June 20,
2018. A number of deficiencies were identified and they are scheduled for rectification. A condition
of approval for the CUP will be that prior to issuing a Type C license, a final inspection must be
passed. Two public comments from neighboring condo residents were received expressing security,
safety and noise concerns. Staff finds that with certain conditions, the proposed use can conform to
Planning Commission July 11, 2018
Page 2 of 3
the requirements and the intent of the Zoning Code, the comprehensive plan, relevant area plans,
other lawful regulations, and will not be a nuisance or detriment to the public welfare of the
community. Therefore, staff recommends approval of a Conditional Use Permit for a Type C Short
Term Home Rental with 13 conditions.
Commissioner Kocon questioned the ability of the Commission to request site management to
provide a parking plan for the other 10 condos in this building as part of this request. Ms. Wittman
confirmed that staff can ask the HOA to provide a parking plan for the property because it is related
to the request. It is a reasonable condition to look at a property parking plan to ensure there is
compliance for all units. Staff feels the HOA should sign all parking spaces and create a parking plan
to ensure there is adequate parking for every unit on the property.
Pat Blanda, applicant, 2061 Parkview Lane, Woodbury, offered to answer questions. The HOA told
him he would have a dedicated parking spot on the northeast corner. If this is not done, the
applicants realize they will have to make the garage available for use.
Commissioner Kocon pointed out that the disclosure for the proposed renters should state that
reduced noise is required (not requested) and that renters may not park on the street or across the
street.
Chairman Collins opened the public hearing. There were no public comments. Chairman Collins
closed the public hearing.
Commissioner Hansen commented this is a unique situation for a Type C because it is in a building
that has condo units as well as rental units. Nothing in the ordinance prohibits this use but he is
reluctant to support it. It seems to be an inappropriate place for a Type C short term home rental
right across the hall from neighbors. The tenants in this building who are renting were not notified of
the hearing because the owners were notified instead. When the Short Term Home Rental ordinance
is tweaked, he would like to address the issue of mixed use condo and rental buildings. Short of
parking, which he feels is a major issue, there is nothing in the ordinance that justifies denial.
Commissioner Hade agreed. He noted there’s no way to stop someone from renting out their condo.
Commissioner Fletcher agreed that the application meets performance standards, however she feels
there’s a risk that public nuisance challenges will arise. When the ordinance is tweaked, the City
needs to consider that an apartment is different than a single family home, and look at the access
issues of unknown people (short term home renters) coming into what should be a secure building.
Commissioner Kocon agreed that the City needs to tweak the ordinance. The landlord should work
with the HOA and possibly make some of the public areas, for instance the laundry room, off limits
to Air BNB users, and clarify this and the other regulations in the disclosure letter.
City Planner Wittman acknowledged that this building is a condo conversion originally constructed
as a multi family building, so certain deficiencies exist such as fire separate requirements that would
be required today for condos.
Chairman Collins said he would like the short term renters to use the garage for this unit. He feels
there is nothing in the ordinance to allow the Commission to deny the application.
Planning Commission July 11, 2018
Page 3 of 3
Motion by Commissioner Kocon, seconded by Commissioner Hade, to approve Case No. 2018-35,
Conditional Use Permit to operate a Type C Short Term Home Rental for the property located at 207
Myrtle Street West Suite #11, with the 13 conditions recommended by staff, amending Condition #3 to
state “There is parking on the lot adjacent to the building for one car. No on-street parking is permitted.
Registered guests are not authorized to park in nearby private parking lots” and amending Condition
#9aiii to state “The maximum number of overnight guests at the property at a time is limited to three”
and adding Condition #14 stating “Prior to the issuance of a license and to ensure substantial compliance
with the Zoning Code, the applicant shall provide an HOA developed parking plan to show at least one
parking space for each unit” and adding Condition #15 stating “The disclosure shall be amended to
indicate ‘reduced noise levels are required between 10 p.m. and 8 a.m.’” Motion passed 6-0.
ITEMS OF DISCUSSION
There were no items of discussion.
FYI STAFF UPDATES
City Council/Planning Commission Joint Workshop Meeting Minutes
Ms. Wittman provided the minutes and informed the Commission that staff is starting to explore
changes to the meeting schedule as discussed in the meeting.
Upcoming Meetings and Events
Ms. Wittman reminded the Commission of upcoming meetings: a. July 25 Comprehensive Plan
Advisory Committee meeting regarding transportation. b. July 24 and 31 Summer Tuesdays. c.
August 22 Comprehensive Plan Advisory Committee meeting regarding implementation.
ADJOURNMENT
Motion by Commissioner Hansen, seconded by Commissioner Kocon, to adjourn the meeting at 7:31
p.m. All in favor, 6-0.
Respectfully Submitted,
Julie Kink
Recording Secretary
PLANNING REPORT
MEETING DATE: August 8, 2018 CASE NO.: 2018-36
APPLICANT: Larry Lappi and Mary Russell
REQUEST: Request for a Zoning Text Amendment (ZAT) allowing City Code
Section 31-521 apply only to the top of slope
ZONING: Citywide COMP PLAN DISTRICT: Citywide
PREPARED BY: Abbi Jo Wittman, City Planner
APPLICANT REQUEST
Larry Lappi and Mary Russell, Stillwater residents and property owners, have applied for a
Zoning Text Amendment (ZAT) which would eliminate the setback requirement from the toe of
steep slopes. The result would be to require the 30 foot setback found in City Code Section 31-
521 only from the top of a slope. The specific amendment would read:
Section 31-521, Slope Regulations. Subd. 1. Applicability and purpose.
(d) No structure may be located on a slope of greater than 24 percent or within 30 feet of
the top of a 25 percent or greater slope.
APPLICABLE REGULATIONS
Municipal Code Section 31-205, Zoning Map and Zoning Text Amendment, indicates amendments
may be made when:
Public necessity, general community welfare and good zoning practice permit the
amendment; and
The proposed amendment is in general conformance with the principles, policies and
land use designations set forth in the comprehensive plan.
STAFF ANALYSIS
Background
Ordinance No. 846, An Ordinance of the City of Stillwater Amending the Zoning Ordinance by
Prohibiting Development on Slopes, was adopted in 1997. The purpose of the Ordinance is “to
minimize the risks associated with project development in areas characterized by vegetation
CPC Case No. 2018-36
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Page 2 of 4
and steep or unstable slopes. These areas include ravines, blufflands and shorelands. A further
purpose is to avoid the visual impact of height, bulk and mass normally associated with
building on any steep slope”. For the purpose of these regulations, steep slopes are defined as
slopes of greater than 24 percent as measured over a distance of 50 feet measured horizontally.
As noted in the application, the City has applied its slope regulations to both the top and toe
(bottom) of a slope. These provisions apply to all properties, citywide, regardless of its zoning
classification.
Relevant Minnesota Rules and Ordinances
The Minnesota Department of Natural Resource’s (MN DNR’s) interpretation (for slopes in the
Riverway, which Stillwater is a part of) was changed within the last few years. Previously a
setback was required from both the top and bottom of a steep slope. But, now it is only applies
to the top of the slope and not the toe. This is supported by Minnesota Administrative Rules
61250.2500, definitions, pertaining to setbacks and top of bluff. The history of Minnesota’s
Shoreland Management Program dates back to 1969 with the passage of the Shoreland
Management Act. Minimum development standards - such as structure setbacks, height limits,
impervious surface limits, lot requirements, vegetation removal and land alteration
requirements - are established in state rules. These rules are designed to accommodate
development in areas that are highly sensitive to development while reducing impacts.
The applicants have submitted documentation of ordinances from nine other Minnesota cities
(Big Lake, Elk River, Hastings, Minneapolis, Newport, Red Wing, St. Paul, St. Paul Park and
South St. Paul). While most of the cities documented include specific language regarding
setbacks from the top of a bluff, St. Paul’s City Code Section 63.111, Residential development on
steep slopes, indicates “buildings should be designed to fit into the hillside without significant
regrading to protect the stability of the slope and preserve existing trees while presenting
excessively tall retaining walls and unattractive trough-shaped yards between buildings and
retaining walls”.
Comprehensive Plan
The City’s Comprehensive Plan has an objective to preserve, protect and/or restore natural features
including: ravine areas, shorelands and bluff lands, tree stands and individual heirloom trees, slopes,
wetlands, and wildlife habitat areas. The plan further states a program to make sure open resource
areas including sensitive natural resource areas are identified and incorporated into development design.
With regard to steep slopes, the plan addresses the role ancient geologic activity had in the
formation of Stillwater’s landforms. Glaciers left behind the St. Croix moraine, creating a band
of rolling hills and flooding the St. Croix Riverway. The flooding of the riverway cut cliffs and
bluffs into the river valley.
The Plan specifically identifies steep slopes, soils, as well as land cover classifications. When
reviewing the data, it can be determined that steep slopes occur throughout the community but
are concentrated in the eastern, most densely developed part of the community; the Plan’s Steep
Slopes map is attached. These steep slopes have low quality coverage or semi-natural coverage
and are on areas with a high concentration of exposed bedrock. The reduction or elimination of
CPC Case No. 2018-36
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Page 3 of 4
a toe of slope setback may minimally, if at all, affect the stability of these land areas while
allowing the City to further its Natural Resource objectives and programs.
However, scattered steep slopes throughout the community are situated in areas with a higher
quality land coverage classification and on less stable soils. While encroachment into these
areas would not support the City’s Natural Resource protection measurements, the City does
have other Natural Resource protection measurements (such as the Shoreland Management
Overlay districts) which help reduce the impact to areas near water bodies and streams. Those
areas characterized with less stable soils may be found to be suitable for development with the
proof of an engineering report documenting the stability of the slope will not be compromised
with the addition of a structure close to the toe of a steep slope area.
ALTERNATIVES
The Planning Commission has the following options available to them:
1. If the Planning Commission find the public necessity, general community welfare and
good zoning practice permit the amendment and that the proposed amendment is in
general conformance with the principles, policies and land use designations set forth in
the comprehensive plan, the Commission may forward to the City Council a favorable
recommendation of approval of Zoning Text Amendment 2018-36 allowing for
modifications to City Code Section 31-521.
2. Make findings that the public necessity, general community welfare and good zoning
practice do not permit the amendment or that the proposed amendment is not in general
conformance with the principles, policies and land use designations set forth in the
comprehensive plan, and forward to the City Council recommendation of denial of the
requested ordinance amendment.
3. Table consideration for more information.
FINDINGS AND RECOMMENDATION
The City of Stillwater’s Slope regulations apply to all properties within the City. As currently
written and interpreted, however, the application of the regulations is more restrictive than the
State as well as in other municipal jurisdictions in the state. The application of the setback from
the toe of steep slope has prohibited development on some properties that could otherwise be
buildable without impact to slope stability. The general community welfare would be
furthered if there were increased development opportunities within an area of higher density
single family residential. Therefore, good zoning practices throughout the community and
within the field of local government land planning permit the amendment.
The proposed amendment is in general conformance with the principles, policies and land use
designations set forth in the comprehensive plan. However, the strict application of the
removal of the toe of slope setback could jeopardize the stability of some slopes, thereby being
in conflict with the City’s Comprehensive Plan. With adequate engineering, the purpose and
intent of the City’s Natural Resource protection regulations could be preserved. Therefore, staff
would recommend the Planning Commission make a favorable recommendation of approval to
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Page 4 of 4
the City Council for a Zoning Text Amendment to City Code Section 31-521, Slope Regulations.
Subd. 1(d) to read:
(d) No structure may be located on a slope of greater than 24 percent or within 30 feet of the
top of a 25 percent or greater slope.
Additionally, as construction adjacent to the toe of a slope would be acceptable for many slopes
in Stillwater, it could compromise the integrity of other slopes, therefore staff would
recommend the following Subpart be added:
A structure may be located within 30 feet of the toe of a 25 percent or greater slope if a soil
engineer’s report is submitted that documents slope stability will not be compromised by a
structure being constructed closer.
ATTACHMENTS
Comprehensive Plan Figure 3.2: Steep Slopes
Applicant Narrative Request
Applicant Research (2 pages)
SouthTwinLakeLakeMcKusickBrown's CreekSt. Cro ix River KollinerParkLilyLakeLongLakeSteep Slopes2008 Comprehensive Plan800 0 800 1,600 FeetAugust 13, 2008I:/510/51007001/gis/maps/steep slopes.mxd12155662495366464969536555962030 City LimitOpen WaterRight-of-WaySlopes 12 % to 18 %Slopes 18% to 24%Slopes 24% or morePLAN OF STILLWATERFigure 3.2 : Steep Slopes3-6Chapter 3 : Natural ResourcesAugust 13, 2008I:/510/51007001/gis/maps/steep slopes.mxd
PLANNING COMMISSION
DATE: August 2, 2018 CASE NO.: 2018-37
APPLICANT: Dan Thurmes, Cornerstone Land Surveying
LAND OWNER: Richard and Cheryl Ross
REQUEST: 1. Rezoning to RA, Single-Family Residential
2. Preliminary Plat and Final Plat approval of Neal Meadows 6th
Addition, a 3 lot residential subdivision at 8040 Neal Avenue N
3. Vacation of platted drainage and utility easements
REVIEWERS: City Planner Wittman, City Engineer Sanders
PREPARED BY: Bill Turnblad, Community Development Director
BACKGROUND
Richard and Cheryl Ross plan to subdivide their 1.25 acre homestead property at 8040
Neal Avenue into three lots. One lot will continue to be the Ross’ homestead. It will be
accessed from Neal Avenue. The other two lots will be for new houses and both will
gain access from Creekside Crossing. The subdivision is to be known as Neal Meadows
6th Addition.
SPECIFIC REQUEST
In order to subdivide the property as proposed, a
request has been made to approve:
1. Rezoning from AP, Agricultural
Preservation to RA, Single-Family
Residential
2. Preliminary & Final Plat of Neal
Meadows 6th Addition
3. Vacation of the platted drainage and
utility easements
8040 Neal Ave
Page 2 of 5
EVALUATION OF REQUEST
I. REZONING
The proposal includes a request to rezone the property to RA, One-Family Residential. The
Comprehensive Plan’s guided use for the property is Low Density Residential, for a total of
1 to 4.4 units per acre. The proposed rezoning and the density of 2.4 units per acre are
consistent with the future land use classification.
II. PRELIMINARY PLAT & FINAL PLAT
Lots Standards for RA Zoning District
Minimum
standard
Lot 1
Proposed
Lot 2
Proposed
Lot 3
Proposed
Minimum Lot Width 75’ 184’ 92’ 92’
Minimum Lot Depth 100’ 154’ 143’ 143’
Minimum Lot Area 10,000 sf 28,961 sf 12,752 sf 12,766 sf
The lots as proposed exceed all minimum standards.
Civil Engineering
City Engineer Sanders has reviewed the plat and plans. The proposal requires no public
improvements as streets, sanitary sewer, municipal water and storm sewer are all in place
8040 Neal Ave
Page 3 of 5
to service the three proposed lots. All three lots will be served with sanitary sewer and
water by connecting to the existing stubbed services along Creekside Crossing. The platted
drainage and utility easement between proposed Lots 2 and 3 is wide enough to
accommodate Lot 1’s utility connections from Creekside Crossing. However, staff
recommends that the Ross’ create a utility easement there for the specific purpose of
servicing their home on Lot 1.
Development Agreement and Fees
Since no public improvements are required in this case, no Development Agreement is
needed. However, the following development fees will be required at the time of the
release of the executed Final Plat from City offices. Fees quoted are based on 2018 rates,
which are adjusted annually in sync with the cost of construction index.
Transportation Adequacy Fee: $8,379/acre for the two new lots
o 0.586 acres x $8,379 = $4,910.09
AUAR (Storm Sewer) Fee: $6,100/acre for the two new lots
o 0.586 acres x $6,100 = $3,574.60
Trunk Sewer and Water Fee (Boutwell West Area): $10,946/acre for the two new lots
o 0.586 acres x $10,946 = $6,414.36
Sewer and water hook-up charges for the existing home is limited to $2,500 for
sanitary sewer and $2,500 for municipal water1.
o $5,000 total
Therefore, the total due at time of release of the Final Plat from City offices will be
$19,899.052.
Park and Trail Dedication
The Comprehensive Plan’s park chapter shows no planned parks on the property. So, the
Park Commission has recommended that the contribution to the park system be in the form
of a fee in lieu of land, which would be $2,000 per new lot created. In terms of trails and
sidewalks, a sidewalk on the west side of Creekside Crossing exists, so no additional
sidewalks are needed. And, while a trail is proposed for Neal Avenue to connect the
Boutwell Road trail with Brown’s Creek Trail, it is proposed to be constructed on the east
side of Neal Avenue. Therefore, no trail easement or construction would be needed for this
subdivision. Therefore, the Park Commission recommended contribution to the trail
system in the form of a fee in lieu, which would be $500 per new lot created. The $2,500
park and trail fee for each or Lots 2 and 3 will be payable prior to release of the final plat
from City offices. (No trail or park fees would be applied to the existing home.)
1 Orderly Annexation Agreement, Section 6.01, d and e.
2 This total is based on the 2018 rates. Rates increase annually in step with the cost of construction index.
8040 Neal Ave
Page 4 of 5
Tree Preservation and Landscaping
As the property owner does not intend to grade the land area of the new lots, less than 35%
of the significant trees and less than 50% of the vegetation crown cover on site would be
removed. Therefore, no tree replacement would be required by the zoning ordinance for
this residential development.
The subdivision ordinance requires three trees on average for every planned lot (City Code
Ch. 32, Subd. 5 (13)(q)(1)), whether tree replacement is required by the zoning ordinance or
not. So, a total of 6 trees would be required for the 2 new buildable lots requested in this
preliminary plat.
However, City Code Section 32-1, Subdivision, Subd. 4(9) indicates alternative design
standards may be considered when there are ‘unique conditions’. Since the property has
many mature trees, and none of them will be removed to develop the lots, the City should
consider waiving the requirement for the landscaping trees. This has been done for the
other lots that have subdivided between Creekside Crossing and Neal Avenue.
Miscellaneous
The City of Stillwater obtained a narrow strip of land between the Creekside Crossing right-
of-way and this property’s western boundary through foreclosure. This foreclosed strip of
land was created as Outlot G when Creekside Crossing was developed. The City obtained
the outlot for extra road right of way. So, driveways crossing them can be done without an
easement.
No comprehensive drainage plan is required for subdivisions that contain less than four
lots.
III. VACATION OF EASEMENTS
The existing drainage and utility easements platted on this property need to be vacated so
the wider easements recommended by the City Engineer can be platted. Those wider
easements are included in the preliminary plat. The documents vacating the easement will
need to be signed by the land owner prior to release of the final plat from City offices, and
then filed together with the new plat.
ALTERNATIVES
A. Approval If the Planning Commission finds the rezoning and plat requests to be
satisfactory, then the Commission should move to recommend that the City
Council approve them.
8040 Neal Ave
Page 5 of 5
B. Table If the Planning Commission finds that the application is not complete enough
to make a recommendation, it could continue the review for additional
information.
C. Denial If the Planning Commission finds the rezoning and plat requests are not
satisfactory, then the Commission could recommend that the City Council
deny them both. The Commission should indicate a reason for the denial and
state whether or not the denial is with prejudice.
FINDINGS AND RECOMMENDATION
Staff finds the rezoning to be in conformance with the Comprehensive Plan and consistent
with the neighborhood. And finds the preliminary and final plats to be consistent with the
development standards found in the City Zoning and Subdivision Code.
Therefore, staff recommends Alternative A with the following conditions:
1. All future electrical and communications utility lines shall be buried.
2. This development is responsible for paying $5,000 to the City for park and trail
dedication fees. These fees will be due prior to release of the final plat from the City
for recording with Washington County.
3. This development is responsible for paying the applicable development impact fees
prior to release of the final plat for recording with Washington County.
4. All three lots must receive their sanitary sewer and municipal water from the
existing stubs located on the east side of Creekside Crossing.
5. The documents necessary to vacate the existing drainage and utility easements must
be signed by the land owner prior to release of the final plat from City offices, and
then filed together with the new plat.
Attachments: Preliminary Plat
Final Plat
Grading Plan
PLANNING COMMISSION
DATE: August 2, 2018 CASE NO.: 2018-38
APPLICANT: Dan Thurmes, Cornerstone Land Surveying
LAND OWNER: Bruce and Linda Livermore
REQUEST: 1. Rezoning to RA, Single-Family Residential
2. Preliminary Plat and Final Plat approval of Neal Meadows 7th
Addition, a 3 lot residential subdivision at 8120 Neal Avenue N
3. Vacation of platted drainage and utility easements
REVIEWERS: City Planner Wittman, City Engineer Sanders
PREPARED BY: Bill Turnblad, Community Development Director
BACKGROUND
Bruce and Linda Livermore plan to subdivide their 1.25 acre homestead property at
8120 Neal Avenue into three lots. One lot will continue to be the Livermore’s
homestead. It will be accessed from Neal Avenue. The other two lots will be for new
houses and will both gain access from Creekside Crossing. The subdivision is to be
known as Neal Meadows 7th Addition.
SPECIFIC REQUEST
In order to subdivide the property as proposed, a
request has been made to approve:
1. Rezoning from AP, Agricultural Preservation
to RA, Single-Family Residential
2. Preliminary & Final Plat of Neal Meadows 7th
Addition
3. Vacation of the platted drainage and utility
easements
8120 Neal Ave
Page 2 of 5
EVALUATION OF REQUEST
I. REZONING
The proposal includes a request to rezone the property to RA, One-Family Residential. The
Comprehensive Plan’s guided use for the property is Low Density Residential, for a total of
1 to 4.4 units per acre. The proposed rezoning and the density of 2.4 units per acre are
consistent with the future land use classification.
II. PRELIMINARY PLAT & FINAL PLAT
Lots Standards for RA Zoning District
Minimum
standard
Lot 1
Proposed
Lot 2
Proposed
Lot 3
Proposed
Minimum Lot Width 75’ 177’ 88’ 88’
Minimum Lot Depth 100’ 162’ 145’ 144’
Minimum Lot Area 10,000 sf 28,795 sf 12,868 sf 12,811 sf
The lots as proposed exceed all minimum standards.
Civil Engineering
City Engineer Sanders has reviewed the plat and plans. The proposal requires no public
improvements as streets, sanitary sewer, municipal water and storm sewer are all in place
8120 Neal Ave
Page 3 of 5
to service the three proposed lots. All three lots will be served with sanitary sewer and
water by connecting to the existing stubbed services along Creekside Crossing. The platted
drainage and utility easement between proposed Lots 2 and 3 is wide enough to
accommodate Lot 1’s utility connections from Creekside Crossing. However, staff
recommends that the Livermore’s create a utility easement there for the specific purpose of
servicing their home on Lot 1.
Development Agreement and Fees
Since no public improvements are required in this case, no Development Agreement is
needed. However, the following development fees will be required at the time of the
release of the executed Final Plat from City offices. Fees quoted are based on 2018 rates,
which are adjusted annually in sync with the cost of construction index.
Transportation Adequacy Fee: $8,379/acre for the two new lots
o 0.590 acres x $8,379 = $4,943.61
AUAR (Storm Sewer) Fee: $6,100/acre for the two new lots
o 0.590 acres x $6,100 = $3,599.00
Trunk Sewer and Water Fee (Boutwell West Area): $10,946/acre for the two new lots
o 0.590 acres x $10,946 = $6,458.14
Sewer and water hook-up charges for the existing home is limited to $2,500 for
sanitary sewer and $2,500 for municipal water1.
o $5,000 total
Therefore, the total due at time of release of the Final Plat from City offices will be
$20,000.752.
Park and Trail Dedication
The Comprehensive Plan’s park chapter shows no planned parks on the property. So, the
Park Commission has recommended that the contribution to the park system be in the form
of a fee in lieu of land, which would be $2,000 per new lot created. In terms of trails and
sidewalks, a sidewalk on the west side of Creekside Crossing exists, so no additional
sidewalks are needed. And, while a trail is proposed for Neal Avenue to connect the
Boutwell Road trail with Brown’s Creek Trail, it is proposed to be constructed on the east
side of Neal Avenue. Therefore, no trail easement or construction would be needed for this
subdivision. Therefore, the Park Commission recommended contribution to the trail
system in the form of a fee in lieu, which would be $500 per new lot created. The $2,500
park and trail fee for each or Lots 2 and 3 will be payable prior to release of the final plat
from City offices. (No trail or park fees would be applied to the existing home.)
1 Orderly Annexation Agreement, Section 6.01, d and e.
2 This total is based on the 2018 rates. Rates increase annually in step with the cost of construction index.
8120 Neal Ave
Page 4 of 5
Tree Preservation and Landscaping
As the property owner does not intend to grade the land area of the new lots, less than 35%
of the significant trees and less than 50% of the vegetation crown cover on site would be
removed. Therefore, no tree replacement would be required by the zoning ordinance for
this residential development.
The subdivision ordinance requires three trees on average for every planned lot (City Code
Ch. 32, Subd. 5 (13)(q)(1)), whether tree replacement is required by the zoning ordinance or
not. So, a total of 6 trees would be required for the 2 new buildable lots requested in this
preliminary plat.
However, City Code Section 32-1, Subdivision, Subd. 4(9) indicates alternative design
standards may be considered when there are ‘unique conditions’. Since the property has
many mature trees, and none of them will be removed to develop the lots, the City should
consider waiving the requirement for the landscaping trees. This has been done for the
other lots that have subdivided between Creekside Crossing and Neal Avenue.
Miscellaneous
The City of Stillwater obtained a narrow strip of land between the Creekside Crossing right-
of-way and this property’s western boundary through foreclosure. This foreclosed strip of
land was created as Outlot G when Creekside Crossing was developed. The City obtained
the outlot for extra road right of way. So, driveways crossing them can be done without an
easement.
No comprehensive drainage plan is required for subdivisions that contain less than four
lots.
III. VACATION OF EASEMENTS
The existing drainage and utility easements platted on this property need to be vacated so
the wider easements recommended by the City Engineer can be platted. Those wider
easements are included in the preliminary plat. The documents vacating the easement will
need to be signed by the land owner prior to release of the final plat from City offices, and
then filed together with the new plat.
ALTERNATIVES
A. Approval If the Planning Commission finds the rezoning and plat requests to be
satisfactory, then the Commission should move to recommend that the City
Council approve them.
8120 Neal Ave
Page 5 of 5
B. Table If the Planning Commission finds that the application is not complete enough
to make a recommendation, it could continue the review for additional
information.
C. Denial If the Planning Commission finds the rezoning and plat requests are not
satisfactory, then the Commission could recommend that the City Council
deny them both. The Commission should indicate a reason for the denial and
state whether or not the denial is with prejudice.
FINDINGS AND RECOMMENDATION
Staff finds the rezoning to be in conformance with the Comprehensive Plan and consistent
with the neighborhood. And finds the preliminary and final plats to be consistent with the
development standards found in the City Zoning and Subdivision Code.
Therefore, staff recommends Alternative A with the following conditions:
1. All future electrical and communications utility lines shall be buried.
2. This development is responsible for paying $5,000 to the City for park and trail
dedication fees. These fees will be due prior to release of the final plat from the City
for recording with Washington County.
3. This development is responsible for paying the applicable development impact fees
prior to release of the final plat for recording with Washington County.
4. All three lots must receive their sanitary sewer and municipal water from the
existing stubs located on the east side of Creekside Crossing.
5. The documents necessary to vacate the existing drainage and utility easements must
be signed by the land owner prior to release of the final plat from City offices, and
then filed together with the new plat.
Attachments: Preliminary Plat
Final Plat
Grading Plan
PLANNING REPORT
DATE: July 31, 2018August 6, 2018
TO: Planning Commission
REQUEST: Special Use Permit for outside events at the Stillwater Public Library
FROM: Bill Turnblad, Community Development Director
INTRODUCTION
The City Council recently approved an ordinance amendment to allow outside events by Special
Use Permit in the PA, Public Administration/Institutional Zoning District. The motivating factor
for approving the ordinance was to allow the public library to offer its terrace for events.
As pointed out in Library Director Troendle’s attached letter, the library has been offering its
terrace for events since the library addition and renovation was completed in 2006. The City
Council at that time expected terrace rentals to be a source of revenue for the Library. However,
the zoning code did not specifically allow for outside events in the PA District.
To resolve the situation, the Council approved the ordinance amendment and the library has
submitted an application for a Special Use Permit to allow the outside events to continue to be a
part of their offerings.
SPECIFIC REQUEST
The Planning Commission is requested to hold a public hearing and consider approval of the
Special Use Permit.
COMMENTS
The Library Board and library staff have been working over the past year to re-write the library’s
event and rental policies. A task force was established to hold listening sessions with neighbors,
study the issues and draft policies and procedures to address neighborhood concerns. Details of
the process and the new policy are attached.
In the listening sessions, it was clear that the two principle concerns of the neighborhood were
noise and parking. The new policies, and the conditions suggested below for the Special Use
Permit, specifically address those concerns.
Page 2 of 3
SPECIAL USE PERMIT REVIEW
A. Overview
“Outdoor special events” are allowed in the PA Zoning District with a Special Use
Permit.
B. Regulations and Standards
Sec. 31-207(d) of the City Code states that a Special Use Permit can be approved if the
Planning Commission finds that:
(A) The proposed use conforms to the requirements and the intent of the Zoning
Ordinance, the Comprehensive Plan, and any relevant area plans.
The recently adopted ordinance was sensitive to the noise issues related to outside
events. As mentioned above, the library’s new event policies address the noise
sensitivity in detail. And, if the suggested conditions of approval are
implemented consistently, the impact upon surrounding residential neighbors
should be reasonably mitigated.
(B) Any additional conditions necessary for the public interest have been imposed.
Parking was also a concern of the neighbors, especially the resident whose home
gains access across the library parking lot. Prior to adoption of the new event
policies, vendors would frequently block access to the neighbor’s property. So,
the Library Venue Coordinator is now required to explain where vendors may,
and may not park.
(C) The use or structure will not constitute a nuisance or be detrimental to the public
welfare of the community.
Noise and parking have been identified as neighborhood concerns, and are
addressed by the library.
ALTERNATIVES
The Planning Commission has several alternatives, including:
A. If the Planning Commission finds that the request is acceptable, approve the Special Use
Permit with the following conditions:
1. On Fridays and Saturdays outside events must end by 11:00 pm (outside clean-up
must be completed by 12:00 midnight). Sundays through Thursdays, outside events
must end by 9:00 pm (outside clean-up must be completed by 10:00 pm). The
Library Board may make an exception to the Sunday through Thursday outside
ending time, but in no case can the outside event run later than 10:00 pm (outside
clean-up by 11:00 pm) unless the City Council grants an exception.
Page 3 of 3
1.a. On July 4th of each year the library will be allowed to host its “Light a
Spark” event on the terrace. If the event falls on a Sunday through Thursday,
amplified sound will be allowed until 10:30 pm and clean-up will be allowed
until 11:30 pm.
2. The renter shall submit a noise deposit fee as set by the Library Board prior to the
event. This deposit will be returned after the event only if there have been no
infractions of the library noise procedures or the city nuisance ordinance related to
noise.
3. DJs, musicians, and any other performer who provides amplified music/sound for the
renter must be instructed by the Library Venue Coordinator of the city’s nuisance
ordinance related to noise and the Library Board’s strict policy and procedures on
noise. The renter must be given a copy of the City of Stillwater code that pertains to
noise and instructed about the decibel levels within compliance and penalties incurred
for noncompliance.
4. DJs, musicians, and any other performer must honor requests from the Library Venue
Coordinator, on-site security officer, library staff, or Stillwater police for reduction of
music/sound levels. The library retains the right to end the play of music at any time
if a request to reduce the volume levels is not obeyed. The library retains the right to
determine reasonable volume, amplification, and bass levels, but in no case may that
exceed the standards established in the city nuisance ordinance.
5. DJs, musicians, and any other performer must keep the sound volume levels within
the limits established in the City of Stillwater nuisance ordinance. All requests for
reduction of music/sound levels from the Library Venue Coordinator, on-site security
officer, library staff, or Stillwater police must be obeyed.
6. All outdoor amplified music/sound must end no later than 10:00 p.m. on Fridays and
Saturdays. On Sundays through Thursdays, all outdoor amplified music/sound must
end no later than 8:00 p.m. unless a special allowance has been approved by both the
Library Board and City Council.
7. All vendor vehicles must be parked in the designated area for efficient loading and
unloading of event materials. Noise from carts, dollies, and hauling of equipment
should be done as quietly and respectfully as practical.
8. Vendor staff must be instructed by the Library Venue Coordinator or other library
staff that the library is located in a residential neighborhood and they need to conduct
themselves accordingly.
B. If the Planning Commission finds that outdoor events cannot be made compatible with
surrounding properties regardless of the conditions attached to the Special Use Permit, then
the Planning Commission could deny the request. A denial should include reasons related to
incompatibility with the surrounding properties.
C. If the Planning Commission would like more information to come to a decision, table the
request until the next Planning Commission meeting.
RECOMMENDATION
Staff recommends Alternative A.
Attachments: Letter from Library Director Troendle
Library Meeting and Event Policy
Event Venue Rental Application
STILLWATER PUBLIC LIBRARY Sandy Ellis – Venue Coordinator
224 Third Street North sandy@stillwaterlibraryfoundation.org
Stillwater, MN 55082 651.295.7377 and 651.430.8757
www.stillwaterlibrary.org
Application for Event Facilities Rental: Please complete this application and submit with a fifty percent deposit
of the entire fee to hold your reservation date. This application does not guarantee your reservation. We will
notify you of your accepted reservation via a deposit receipt. Please allow up to two weeks for your check to
be processed. Please fill out all the information requested. Make checks payable to: Stillwater Public Library.
Mail to Attn: Sandy Ellis, Stillwater Public Library, 224 Third Street North, Stillwater, MN 55082.
Event Date: _______________________________________________________________________________
Day Month Year
Type of Event: _____________________________________________________________________________
Rental Hours: From _____________ to ______________ 4-hour rental _______ After-hours ____________
Number of Attendees: Up to 25 ___________ // 26-50 ______________ // 51-100____________
Responsible Renter: ________________________________________________________________________
Address: __________________________________________________________________________________
Phone and Email: ___________________________________________________________________________
Will you be hiring a caterer? Yes / No Will you be serving liquor? Yes / No
Caterers Name __________________________________ Contact Number _____________________________
Deposit Amount: $___________________________ Check Number: # ____________________________
By signing this application, you and all vendors contracted by you, understand and accept the Stillwater Public
Library’s Rental Procedures, Library Noise Procedures, Library Catering Procedures, Insurance Coverage
Requirements, and Library Fee Schedule, and agree to abide by them. You also understand that cancellation
of this agreement after five business days of acceptance will result in the forfeit of your full deposit.
_________________________________________________ ______________________________
Signature(s) of Responsible Party Date
Library Event Venue Rental Application/updated 2/13/18
Wedding Venue Rental Application
STILLWATER PUBLIC LIBRARY Sandy Ellis – Venue Coordinator
224 Third Street North sandy@stillwaterlibraryfoundation.org
Stillwater, MN 55082 651.295.7377 and 651.430.8757
www.stillwaterlibrary.org
Application for Event Facilities Rental: Please complete this application and submit with a fifty percent deposit of the
entire fee to hold your reservation date. This application does not guarantee your reservation. We will notify you of
your accepted reservation via a deposit receipt. Please allow up to two weeks for your check to be processed. Please fill
out all the information requested. Make checks payable to: Stillwater Public Library.
Mail to Attn: Sandy Ellis, Stillwater Public Library, 224 Third Street North, Stillwater, MN 55082.
Wedding Date: ___________________________________________________________________________________
Day Month Year
Wedding: (circle one) Ceremony & Reception Ceremony Only Reception Only
Rental Hours: (circle one) 4-hour rental 12-hour rental Other________________
Projected Maximum Guest Attendance: _________________________ (or estimated range, i.e. 100-150)
Bride: _________________________________________________________________________________________
Bride’s address: _________________________________________________________________________________
Phone: _________________________________ Email: _________________________________________________
Groom: _______________________________________________________________________________________
Groom’s address: _______________________________________________________________________________
Phone: _________________________________ Email: ________________________________________________
Deposit Amount: $___________________________ Check Number: # ______________________________
By signing this application, you and all vendors contracted by you, understand and accept the Stillwater Public Library’s
Rental Procedures, Library Noise Procedures, Library Catering Procedures, Insurance Coverage Requirements, and
Library Fee Schedule, and agree to abide by them. You also understand that cancellation of this agreement after five
business days of acceptance will result in the forfeit of your full deposit.
_________________________________________________ ___________________________________
Signature(s) of Responsible Party Date
Library Wedding Venue Rental Application/updated 2/13/18
1
Policy Title: Meeting and Event Policy
Date adopted: 10/10/2006
Date amended: 04/08/2008; 05/13/2008; 09/09/2008; 02/10/2009; 06/09/2009;
09/08/2015; 10/11/2016; 02/13/2018
Date last reviewed: 02/13/2018
Purpose
Providing space for community meetings and to groups or individuals furthers the Stillwater Public
Library’s role in the community as a resource accessible to all residents and the public in general.
Providing this service also generates revenue which supports the Library’s materials, programs, and
services beyond what the City of Stillwater funds. This policy guides the reservations and use of the
Library’s meeting rooms, conference room, study rooms as well as rental of its Community Meeting
Wing for weddings and events.
Principles
As a community service, and a connector of ideas and people, the Library makes available a variety of
spaces to accommodate differing needs. In addition to providing a forum for the development of a
literate, informed citizenry in its dynamic community, the Library is also a destination for special events,
such as weddings, community fundraisers, art exhibits, and cultural events. The Library encourages use
of its facilities within the policies established by the Board of Trustees.
The Library Board of Trustees subscribes to the American Library Association’s Library Bill of Rights.
Article VI states: Libraries which make exhibit spaces and meeting rooms available to the public they
serve should make such facilities available on an equitable basis, regardless of the beliefs or affiliations
of individuals or groups requesting their use.
The Library Board of Trustees also subscribes to the American Library Association’s
Meeting Rooms: An Interpretation of the Library Bill of Rights.
Definitions
Study rooms: Study rooms are intended for quiet study or consultation by students and other
community users. The Library provides three study rooms (1 to 2 users) and an adult group study room
(3 to 6 users). Sign-up is required at the time of use; advance reservations are not permitted. Study
rooms are not intended for commercial purposes.
Conference room: The Library’s conference room (3-12 users) has less flexibility than meeting rooms as
the room configuration is fixed.
Meeting rooms: Meeting rooms are best suited for programs and events, and can be configured in
various ways to meet the needs of different types of groups. Meeting rooms are intended for groups of
three or more and are not intended for individual use, study or one-on-one discussions. The Library
offers two adjoining meeting rooms that can be combined into one room. Separately, Margaret Rivers A
2
can accommodate up to 20, and Margaret Rivers B up to 60. Together, the two rooms can accommodate
100+, depending on the configuration.
Non-profit Community Group: Local associations, community groups, higher education institutions and
tax-exempt groups engaged in educational, civic, cultural, and charitable activities. Proof of 501(c) status
may be required.
Weddings and Events: These are private parties, celebrations or meetings held in defined spaces which
are not sponsored by the Library or open to the general public. The Johnson Terrace can accommodate
up to 300.
Catering kitchen: An area for food warming and cold storage is available to rent for weddings,
receptions, meetings or other events at which food will be served.
Fees
The fee schedule is established by the Library Board of Trustees. Per Minnesota Statute 134.11, Subd. 2,
“The library board … shall have exclusive control of the expenditure of all money collected for or placed
to the credit of the library fund...” In fulfillment of its fiduciary responsibility to the Library, the Library
Board has delegated authority to the Library Director or designee to make changes in the fee schedule
on a case-by-case basis, typically for small events of a short duration that require reduced staff support.
No-charge study rooms are available on a first come, first served basis. No-charge reservable spaces
where non-profit community groups can come together to learn and exchange information and ideas
during regular Library hours are offered; extended hours may be made available for a fee. The Library
also provides fee-based spaces for weddings and events as a service to the community. Revenue
generated from rentals is a significant supplement to the budget provided by the City of Stillwater to the
Library, and is used to cover the costs of providing facilities and support Library operations.
Pending room availability, the Library Director or designee has the authority to waive fees for the City of
Stillwater, other government entities, the Stillwater Public Library Board of Trustees, Friends of the
Stillwater Public Library, and the Stillwater Public Library Foundation.
Non-endorsement
Permission to reserve and use a space does not constitute an endorsement by the Library of the group,
program, or point of view expressed. The name of the Library may not be used in any publicity for non-
library sponsored or co-sponsored meetings except to designate the meeting location. The Library may
not be identified as a co-sponsor of a meeting without prior approval.
Reservations and Use Limitations
Reservations usually coincide with library hours. Reservations for rental spaces may extend beyond
normal hours with Library Director or designee approval.
Priority for reserving rooms will be given in the following order:
1. Library sponsored and co-sponsored programs and activities
2. City of Stillwater departments
3. General public
3
In order to provide access to a wide audience of users, the Library may limit the number of confirmed
reservations for any individual or group to no more than once per month. The Library also limits how far
in advance a reservation may be made. The Library does not automatically book recurring meetings.
Reserved spaces may not be used for the purpose of transacting commercial activities, including the
provision of fee-based services, without prior authorization from the Library Director or designee. No
entrance fees may be charged to meeting attendees.
The person reserving the space determines the intended audience for the meeting. Scheduled
reservations are posted at the Library and/or on the public website.
Designated areas of the Library (e.g., Teen Room or Storytime Room) are for the use of specific
audiences and may not be reserved or used by the general public.
The Library Director or designee, when special conditions warrant, may make exceptions to the above.
Responsibilities
Patrons shall comply with all federal, state and local laws. Entrance onto Library property and use of its
facilities indicates acceptance of and willingness to abide by all applicable policies and procedures.
Future reservations may be denied if an individual or group is out of compliance.
The contact person for the reservation shall be liable for any damages to facilities and furnishings.
The Library retains the right to monitor all meetings, programs and events conducted on the premises to
ensure Library policies are followed. Library staff shall have free access to any meeting or event at all
times.
Staff are responsible for interpreting and applying this and associated library administrative policies and
procedures in daily practice. The Library Director or designee is responsible for working to resolve
disputes that may arise over the reservation and use of library spaces.
The Library Board is the final authority in granting or refusing permission for use of library meeting
rooms per Minnesota Statute 134.11, Subd. 2.
The most current policy supersedes any and all previous policies issued relative to this subject.
Noise Procedures for Events Venue Rental
Stillwater Public Library
224 Third Street North Phone: 651.430.8757
Stillwater, MN 55082 www.stillwaterlibrary.org
1. The Renter is required to put down a $500.00 Noise Deposit at least five days prior to the event. This deposit will
be returned after the event if there have been no infractions of the Library Noise Procedures.
2. The Renter is responsible for any issuance of a citation to the Library, the Renter, or their vendors for violation
of the City of Stillwater Noise Ordinance during their event.
3. Bands, DJs and any other musician who provides amplified sound for the Renter will be instructed by the Library
Venue Coordinator of our strict noise procedures. They will be given a copy of the City of Stillwater Code that
pertains to noise and instructed about the decibel levels within compliance and penalties incurred for
noncompliance.
4. Bands and DJs must honor requests from the Library Venue Coordinator, on-site Security Officer, Library Staff or
Stillwater City Police for music to be turned down. The Library retains the right to end the play of music at any
time if a request to turn the music down is not obeyed. The Library retains the right to determine reasonable
volume, amplification and bass levels.
5. All bands and DJs must keep the volume levels within City of Stillwater Noise Ordinance compliance.
All requests for reduction of music/sound from the Library Staff or Security Officer must be obeyed. Vendors of
the Renter are in violation of the general prohibition of noise when complaints have been made by neighbors of
the Library and enforcement of/and criminal penalties may be incurred.
6. All outdoor amplified music/sound must end no later than 10:00 p.m. on Friday and Saturdays. On Sundays
through Thursdays, all outdoor amplified music/sound must end no later than 8:00 p.m. unless a special
allowance has been approved by the Library Board.
7. All indoor music/sound must end no later than 11:00 p.m.
8. All vendor’s vehicles must be single-parked next to the ramp in the designated area for efficient loading and
unloading of event materials. Noise from carts, dollies, and hauling of equipment should be done in a quiet and
respectful manner.
9. Vendor staff should also remember that the Library is located in a residential neighborhood. After 8:00 p.m.,
staff conversations should be kept at a soft/low level that is respectful to the neighbors living near the Library.
10. The Library is not responsible for the noise or activities of the Renter and their guests outside the Stillwater
Library premises.
CITY OF STILLWATER
216 North Fourth Street
Stillwater, MN 55028
UNDER CITY CODE:
Chapter 38 NUISANCES
Section 38 -3 Noise Control and Regulation
Subd. 1. Definitions. The following words, terms and phrases, when used in this section, shall have the meanings
ascribed to them in this subdivision, except where the context clearly indicates a different meaning.
L10 means the sound level, expressed in decibels (dBA) which is exceeded ten percent of the time for a one-hour period.
L50 means the sound level similarly expressed and measured which is exceeded 50 percent of the time for a one-hour
period.
Noise means any unwanted sound not occurring in the natural environment, including, but not limited to, sounds
originating from streets and highways, industrial, commercial, and residential sources. Where a sound measurement is
specified, the sound shall be measured by a sound level meter (SLM) having characteristics as specified in the latest
standards, 51.4 of the American Standards Institute. Calibration of SLM shall be a least “second stage: traceable to the
national bureau of standards.
Subd. 2.
General prohibition. No person shall make, cause, or allow to be made any distinctly and loudly audible noise that
unreasonably disturbs, injures or endangers the safety, health, comfort, peace, or repose of a reasonable person, or
precludes their enjoyment of property. This prohibition is not limited by the specific prohibitions contained in the
following subdivisions. It is not a violation of this provision to operated specified equipment in keeping with the
restrictions of subdivision 4 below.
Subd.3.
Prohibited noises made by sound producing or reproducing equipment. No person shall use or operate or permit the use
or operation of any radio receiving set, musical instrument, phonograph, paging system, machine or other device for the
production or reproduction of sound in a distinctly and loudly audible manner as to disturb the peace, quiet and comfort
of any person nearby. This includes operation or any such set, instrument, phonograph, machine or other device
between the hours of 10:00 p.m. and 8:00 a.m. in such a manner as to be plainly audible at the property line of the
structure or building in which it is located, in the hallway or apartment adjacent, or at a distance of 50 feet if the source
is located outside a structure or building.
-2-
Subd.5.
Receiving land use standards; maximum noise levels. No person may operate or cause or permit to be operated any
source of noise in such a manner as to create a noise level exceeding the limit set in Table 1 for the receiving land use
category specified when measured at or within the property line of receiving land use.
Table I. Sound Level by receiving Land Use Districts.
Table Inset:
Day (8 a.m. – 10 p.m.) Night (10 p.m. – 8 a.m.)
Land Use
Districts L10 Standard L50 Standard L10 Standard L50 Standard
Residential 65 dBA 60 dBA 55 dBA 50 dBA
Commercial 70 dBA 65 dBA 70 dBA 65 DBA
Industrial 80 dBA 75 dBA 80 dBA 75 dBA
For noise relative to period less than L-10 Standard, the following conditions apply: No indoor sound level shall be raised
more than six dbc over existing background, and no outdoor sound level shall be raised more than ten dbc over existing
background noise level. The limits of the most restrictive district shall apply at the boundaries between the different
land use categories. The determination of land use shall be by its zoned designation.
Subd.7.
Enforcement of section. This section shall be enforced as follows.
(2) Civil remedies. This section may be enforced by injunction, action for abatement or other appropriate civil remedy.
(3) Criminal penalties. Every person who violates any other provision of this section is guilty of a misdemeanor. Each act
of violation and each day a violation occurs or continues constitutes a separate offense.
Library Noise Procedures/updated 2/13/18
Catering Procedures for Events Venue Rental
Catering Delivery Address: Stillwater Public Library
223 Fourth Street North
Stillwater, MN 55082
651.430.8757 Library Office
651.295.7377 Venue Coordinator
FOOD PROCEDURES
1. All food deliveries should arrive at our Fourth Street Catering entrance on the north side of the building.
2. If you have any questions regarding access to the building, time of delivery, or set-up for the event you are
catering, please call Sandy Ellis, Library Venue Coordinator at 651.430.8757 or her cell phone at 651.295.7377.
3. READ THIS CAREFULLY AND PAY ATTENTION – THIS IS IMPORTANT
Our caterer’s entrance borders an alley/private parking area. The drive is shared by the Library, the next-door
Aurora Staples Bed & Breakfast and a residential apartment complex. The driveway which is on the north side,
is also a FIRE LANE and belongs to the neighbors and is designated for their parking spots. Please DO NOT
TRESPASS or PARK anywhere other than the designated vendor parking spot next to the loading ramp or one of
the Library’s parking spots. ALL other space is STRICTLY FORBIDDEN for parking, unloading, or waiting. You will
be tagged and towed immediately and at all times. We cannot stress this enough!
4. The Minnesota Health Department requires that all caterers must be current Minnesota Licensed Caterers.
There are no exceptions!
5. Furthermore, the Minnesota Health Department does not allow food preparation on site. Absolutely no
portable ovens, grills or stoves may be brought into the Library or used in the catering kitchen.
6. Food must arrive hot and be served hot or arrive cold and be served cold. The Library has a refrigerator and a
warming oven for use by licensed caterers. The warming oven heats to 190 degrees and requires sixty (60)
minutes to pre-heat.
7. Preparation Equipment Available for Use on Site:
Refrigerator with removable shelves
Ice Machine
Warming Oven that heats to 190 degrees
Sink
Hand Sink with soap/towel dispenser
NO Freezer, NO Stove, and NO Oven
8. For the protection of our facility, we require the following precautions:
• When carving meat in the carpeted areas, the floors need to be well protected
• No artificial colors may be used in punches
• When using a chocolate fountain ensure the floors and walls are protected from splatters
• Ice sculptures are discouraged indoors. If used, the floor must be protected
• Bars are restricted to un-carpeted areas of the Library
9. The caterer is responsible for cleaning and removing ALL food-related garbage from the Library. If for some
reason, the caterer cannot perform this task, it is the duty of the caterer to inform the Renter. The Renter is
responsible for any garbage, food waste or trash that has to be removed by the Library staff and will be charged
accordingly.
10. The kitchen should be cleaned, mopped and all countertops sanitized by the end of the rental period. All
garbage must be removed via the Caterer’s Ramp and taken to the dumpster in the garbage enclosure. Please
follow our recycling policy. Do not put the garbage into the recycling containers. Renters will be charged for an
additional hour of rental time if ANY garbage is left on Library property or placed in the incorrect bin.
11. All catering staff and vehicles must vacate Library property by the end of the rental period. If clean-up is not
completed by the end of the rental period, the Renter will be charged for additional time, and the Venue
Coordinator will make arrangements for clean-up to conclude the following morning.
12. After 10 p.m., all caterers are asked to do the following:
• Hand carry as many items as possible, to prevent carts from rattling on our cobblestone pavers
• Refrain from loud talking, yelling and unnecessary conversations
• Keep the door at the top of the caterer’s ramp closed when not in use to contain noise from the event
• No smoking or drinking on the catering ramp or near the Library
ALCOHOL PROCEDURES
The Library follows the City of Stillwater Alcohol Code (sect. 52-15). All alcohol must be served by a caterer with a
Minnesota Caterer’s Liquor License. No wine or champagne bottles are allowed on tables, nor is self-service of any kind
allowed.
Library Catering Procedures/updated 2/13/18
PLANNING COMMISSION
DATE: August 8, 2018 CASE NO.: 2018-40
APPLICANT: Kyle and Jennifer Anderson, property owners
REQUEST: Consideration of a Special Use Permit for an Accessory Dwelling Unit to
be located at 406 Wilkins Street West
ZONING: RB – Two Family Residential COMP PLAN: Low/Medium Density Residential
PREPARED BY: Abbi Jo Wittman, City Planner
INTRODUCTION
Kyle and Jennifer Anderson
own the property at 406
Wilkins Street West. A
simple, single-gable 1.5 story
home situated on an 11,126
square foot lot. They are
planning to remove the
existing accessory structure
and build a two-car garage
with living space above the
new garage. As a result, they
are requesting a Special Use
Permit (SUP) for an
Accessory Dwelling Unit
(ADU) to be located above
the garage. ADUs are
allowed in RB – Two Family
residential zoning district if
they meet specific performance standards and are granted a Special Use Permit by the Planning
Commission.
BACKGROUND AND RELEVANT HISTORY
The property is located in a neighborhood that has not yet been surveyed for historical and
architectural significance. According to Washington County Assessor’s Office records, the
residence was constructed in 1873. While the City does not have the best documentation for the
property, it does appear on the 1924 Sanborn Map, as shown on the next page. The map
provides a little insight to the development of the property in that the residence, along with the
Figure 1: Photo via Google Maps, dated August, 2013
CPC Case 2018-40
CPC: August 8, 2018
Page 2
neighboring residence to the north, were located on the
same property. There was a single accessory structure
located behind the two homes.
Staff reviewed the request for demolition of the accessory
structure prior to the development of this staff report. Staff
was able to obtain the original building permit; New Frame
Building Permit No. 2079 was issued in 1925. As the
garage was built 52 years after the residence, the garage is
not associated with the history of the home. Upon a site
investigation, it was determined the garage does not
contain any distinctive stylistic features nor is not an example of skilled craftsmanship.
Therefore, it has been determined to not be a historical resource and may be administratively
approved for demolition.
APPLICABLE REGULATIONS AND STANDARDS
City Code Section 31-501, Accessory Dwellings, identifies the following performance standards
for review:
• Lot size must be at least 10,000 square feet. The lot is 11,126 square feet.
• The accessory dwelling may be located on the second floor above the garage. The new
ADU would be located wholly above the proposed garage.
• The accessory dwelling must be located in the rear yard of the primary residence or be
set back from the front of the lot beyond the midpoint of the primary residence. The
new garage will conform to all dimensional setbacks for structures: 38’ from the front
property line, 64’ from the rear property line as well as (at least) 5’ from the side
property lines.
• Off-street parking requirements (four spaces) must be provided. Two parking spaces
are proposed to be located within the garage, meeting the requirements for two covered
parking spaces. A new driveway is proposed to be located in front of the garage which
will accommodate the two additional parking spaces required.
• Maximum size of the garage and ADU is 800 square feet. Both are proposed to be 792
square feet.
• The application requires design review for consistency with the primary unit in
design, detailing and materials. The applicants have indicated the garage would be
built to match the existing house. The siding will be the same size; the roof pitch will be
matched. Three windows are proposed on the south elevation of the garage. This is not
a traditional design nor does it match the windows of the primary residence. However,
this is to accommodate for light in both the bedroom and bathroom. A condition of
approval would need to be that the proposed garage conforms to the design, detailing
and materials. Since the windows do not match, a condition of approval should be that
the center window be two windows that are the same size as the double window on the
street-facing second story of the primary residence.
• The height may not exceed that of the primary residence. The garage height is
proposed to be 26.5’ feet (to the peak of the gable). It is difficult to determine if the
CPC Case 2018-40
CPC: August 8, 2018
Page 3
proposed garage will conform to this standard. As a result, a condition of approval
would need to be that the proposed garage conforms to this requirement.
• Both the primary and accessory dwelling units must be connected to municipal sewer
and water services and be located on an improved public street. This will be a
condition of approval.
City Code Section 31-207, Special Use Permits, identifies the city may grant a Special Use Permit
or amendments when the following findings are made:
a. 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. The additional residence on this property conforms to the Zoning
Regulations. Furthermore, the accessory structure meets all accessory structure
coverage limitations. The proposal is consistent with relevant area plans and other
lawful regulations.
b. Any additional conditions necessary for the public interest have been imposed.
The City has not received any comments of concern. Certain conditions of
approved, listed below, are recommended to help protect the public interest.
c. The use or structure will not constitute a nuisance or be detrimental to the public
welfare of the community. ADUs in the RB – Two Family Residential district have
not been a nuisance or are detrimental to the public. This use would be consistent
with all ADUs within the community.
ALTERNATIVES
The Planning Commission has the following options:
A. Approve: If the Planning Commission finds the Special Use Permit amendment proposal is
consistent with the provisions of the SUP process, the Commission could move to approve
the SUP with or without conditions. At a minimum, staff would recommend the following
conditions of approval:
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. 2018-43,
except as modified by the conditions herein.
3. Drainage on the west side of the garage shall be retained onsite.
4. A grading plan shall be submitted and approved by the City Engineering Department
and a grading escrow, in an amount deemed sufficient by the Engineering Department,
for the new construction shall be submitted.
5. A building permit shall be obtained prior to the construction of the residence. The
building permit shall clearly show:
i. The maximum height of the accessory structure, in correlation to the height of the
existing residence, shall be shown. The height of the accessory structure shall not be
greater than the height of the primary residence.
CPC Case 2018-40
CPC: August 8, 2018
Page 4
ii. The house shall be siding with white, lap siding with a 4-6” reveal and contain corner,
soffit and fascia boards.
iii. Two double pane windows, the same size as the second story windows of the
primary structure, shall be used on the south facing façade of the accessory structure
in addition to the smaller, 2’ square windows. All windows shall be placed in a
symmetrical design.
iv. Windows shall have the same level of detail and trim as the primary residence and
include drip cap molding and an exterior sill and apron.
6. At the time of building permitting, the applicant shall be required to pay WAC/SAC
charges for the new unit. Prior to the issuance of a Certificate of Occupancy, the ADU
shall be connected to municipal sewer and water.
7. 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.
B. Approve in part.
C. Deny. If the CPC finds that the proposal is not consistent with the approved Special Use
Permit guidelines, then the Commission could deny the request. With a denial, the basis of
the action is required to be given. Furthermore, a denial without prejudice would prohibit
the applicant from resubmittal of a substantially similar application within one year.
D. Table. If the CPC needs additional information to make a decision, the request could be
tabled the September, 2018 meeting.
FINDINGS AND RECOMMENDATION
Staff finds the proposed ADU meets the Special Use Permit provisions and recommends
approval of Special Use Permit 2018-40 with the conditions identified above.
ATTACHMENTS
Site Location Map
Applicant Narrative
Site Plan
Exterior Elevations (2 pages)
Floor Plans (2 pages)
STREET
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0 230 460115Feet
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General Site Location
Site Location Map
406 Wilkins St W
PLANNING COMMISSION
MEETING DATE: August 8, 2018 CASE NO.: 2018-41
APPLICANT: Henry (Hank) Borg, property owner
REQUEST: Consideration of a Variance to the 30% Maximum Lot Coverage to
build a new residence and associated improvements on the property
located at the southwest corner of Pine Street West and Seeley Street
South
ZONING: RA – One Family Res. COMP PLAN DISTRICT: LDR – Low Density Res.
PREPARED BY: Abbi Jo Wittman, City Planner
REQUEST
Hank Borg is requesting permission to construct a single family residence with attached
porch, swimming pool and driveway at the southwest corner of Pine Street West and Seeley
Street South, a 22,560 square foot (.52 acres) parcel of undeveloped land.
Since Pine Street has such a steep grade and challenging site distances at this location, the
safest place to build a driveway is from Seeley Street. But, in order to reach the house from
Seeley Street, an unusually long “S” curved driveway is necessary. The resulting
impervious coverage of the driveway pushes total lot coverage over the maximum
allowance.
The 30% maximum lot coverage would allow for 6,768 square feet of coverage; the property
owner is requesting 3,217 square feet of structural/pool coverage and 4,942 square feet of
coverage for the driveway. The 8,159 square feet of coverage represents 36% of the total lot
area. Thus, the applicant is requesting:
A variance to the 30% Maximum Lot Coverage for the addition of 1,391 square feet of
coverage area for a total of 36% total lot coverage.
APPLICABLE REGULATIONS AND ANALYSIS
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.
Case No. 2018-41
CPC: August 8, 2018
Page 2 of 5
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 of the
maximum lot coverage is to maintain open, unencumbered space to provide for
adequate infiltration in older neighborhoods which lack modern stormwater
drainage and treatment facilities. The property is located in the Middle St. Croix
Watershed Management Organization. In conjunction with the WMO, the City has
adopted standards that require onsite treatment in areas (i.e. raingardens) where
ground disturbance is greater than 6,000 square feet. As the request is for ground
disturbance greater than 6,000 square feet, onsite infiltration will be required. The
property owner is not required, however, to submit a retention plan (location, size,
type of improvement, etc.) at this time; this will be required to be submitted as part
of the building and grading permitting plans.
Additionally, a purpose of maximum lot coverage is to regulate massing
proportionality. While the property owner has land area that is nearly twice the size
of adjacent and nearby properties, he is proposing to construct a home with an
approximately 1,000 square foot footprint with an attached garage. This is consistent
with other homes in the vicinity.
2. The variance is consistent with the comprehensive plan.
There are no application elements in conflict with 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;
The use of a single family residence is reasonable. Access to the home from
Seeley Street South is reasonable. Though a driveway could be accessed off of
Pine Street West, the property owner wants to eliminate access onto Pine in an
area where sightlines and grade could create negative traffic impacts.
ii. The plight of the landowner is due to circumstances unique to the property and that are
not created by the landowner; and
The property was platted in 1856. Based on aerial imagery analysis between
1945 and 2018, the property has been vacant for the last (at least) seven decades
though the rest of the neighborhood developed in the 1960s and 70s. It can be
assumed the property has not been developed because of the change in grade.
Simply put, the steepness on the edges of the property prohibited easy
development. This steep grade is what is resulting in the larger than average (or
Case No. 2018-41
CPC: August 8, 2018
Page 3 of 5
the larger than large) driveway as the property owner must construct an “s”
design to conform to the City’s driveway grade regulations.
iii. The variance, if granted, will not alter the essential character of the locality.
The character of the neighborhood is single family residential; the addition of a
single family residential home will not alter the essential character. However, as
the property has been undeveloped and wooded for as long as most neighbors
could likely remember, the addition of a residence will be a change to the
locality. This is true for nearly any new development on historically
undeveloped lands.
This will necessitate the removal of trees and the construction of a driveway that
may need a retaining wall. Certain protections are in place to help reduce
negative impacts: tree and forest protection regulations, slope regulations, WMO
regulations as well as the City’s engineering standards and building inspection
regulations.
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.
PUBLIC COMMENT
The City is in receipt of two different sets of questions/comments from Rick and Connie
Hill, property owners of 1619 Pine Street West. While some of their questions and concerns
have already been addressed elsewhere in this report, a list of their concerns and City
standards and regulations, are as follows:
Soil Erosion and Stormwater Runoff: At the time of building permitting, the property owner
will be required to submit a grading plan. The plan is designed to not only show how the
land is proposed to be altered but how adjacent land will be protected during development.
Additionally, a post-construction ground stabilization plan will be required. On traditional
lots, post-construction ground stabilization would include reseeding or sodding. This site’s
plan would need to include landscaping which may require native grasses and/or
wildflower on the steep hillside.
The grading plan will be an engineered plan. Due to the steep slope adjacent to the
property and the potential for having to install retaining walls to support the driveway, it is
likely the driveway and retaining wall plans will also need to be engineered.
Tree Loss: City Code indicates private development may not reduce the existing tree cover
by an area greater than 35%. This means that any tree in excess of 35% will be required to
be replaced. The City has applied this to significant trees. The property owner will be
Case No. 2018-41
CPC: August 8, 2018
Page 4 of 5
required to include a tree removal and preservation plan for the property. This will be
required at the time of building permitting.
Wildlife Habitat: Though parts of this neighborhood are designated as semi-natural areas,
this neighborhood is not a part of a wildlife corridor area. While there may be wildlife on
the property, the City does not have protection measures prohibiting development in this
area.
Water/Sewer Connections: Water is available in Seeley and a Sewer service line is available in
Pine; a sewer main is available on Seeley. However, there is concern for tearing up
roadways that have just been repaired and have overlays placed on them. Public Works
Director Sanders recommends connection to both Seeley by boring.
Property Values: The addition of a single family home in this single family residential
neighborhood will not impact the property values.
Traffic and Street Parking: The addition of a single family home in a single family residential
neighborhood will not impact the traffic. Street parking is available to all property owners
so long as they comply with City parking restrictions. However, the owner is proposing an
oversized parking area on the property to accommodate visitor parking.
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 variance to the 30% Maximum Lot Coverage for the addition of 1,391
square feet of lot coverage area, 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. 2018-41, except as modified by the
conditions herein.
b. The 1,391 square foot overage will be reserved for improvements associated with
the parking and drive areas.
c. Replacement of all significant trees above 35% of the significant trees on the lot
will be required to be replaced on a 1:1 basis.
d. A landscaping and planting plan shall be submitted with the building or grading
permit application.
e. A tree preservation and replacement plan shall be submitted with the building or
grading permit application.
Case No. 2018-41
CPC: August 8, 2018
Page 5 of 5
f. A building permit shall be reviewed and approved prior to any construction
occurring on the property.
g. A grading permit shall be reviewed and approved prior to any earth movement
occurring onsite.
h. 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 the application is in harmony and intent of the zoning ordinance, consistent
with the comprehensive plan and the applicant has established practical difficulty, staff
recommends conditional approval of a variance to allow 36% maximum lot coverage for the
construction of an additional 1,391 square feet of impervious surface coverage on the
property located at the Southwest corner of Seeley and Pine.
ATTACHMENTS
Site Location Map
Narrative Request
Site Plan
Public Comments (2 pages)
LAKE DRIVEPINE TREETRAILWILLARD
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General Site Location
Site Location Map
SW corner of Pine St W a nd Seeley St S
August 1, 2018
To: Stillwater Planning Commission
From: Rick and Connie Hill
Re: Case Number CPC/2018-41
Considerations for the August 8th Community Development Meeting
We are concerned about stabilization of the hillside once many of the trees and the vegetation is
removed for construction and any requirements on the developer to restore the hillside upon
project completion. Also, at the closest point of the driveway on the switchback there is a
distance of approximately 24 feet with an elevation drop of almost 22 feet. This would require a
serious retaining wall and we would like to see the proposed solution to this problem.
Storm water treatment is a big issue if we are to protect the water quality of Lily Lake.
1. Where is the developer going to place a rain garden on the property to treat this issue? A
good location may be in the loop inside of the driveway to capture all of the runoff from the
house and garage, pool, and driveway. With a properly designed retaining wall we believe this
could be accomplished. Will they propose a rain garden design for review?
2. The driveway could be sloped to retain storm water runoff on the property; will this be
done?
3. A pervious driveway could be installed as opposed to the impervious bituminous driveway
being proposed; will they consider a pervious driveway instead?
4. Can a rain garden be sized to accommodate the water from the pool when it is drained at the
end of the season or for maintenance or have they proposed another method to deal with this
issue?
Thank you for your consideration of the above points regarding the proposed variance.
August 1, 2018
To: Stillwater Planning Commission
From: Rick and Connie Hill
Re: Case Number CPC/2018-41
Considerations for the August 8th Community Development Meeting
The neighbors are concerned about the environmental impact of the proposed development at the
corner of Pine St. and Seeley street. We want to ensure that sufficient studies have been
conducted and evaluated to determine the effects of the project in the following areas:
- Considering that there is a 30% lot coverage requirement, what percent of lot coverage is
the propose property? What was the reasoning behind this rule?
- Water run-off and containment are the primary concern. What percentage of trees will be
lost and how will this impact water flow down the hill?
- Could underground water be disturbed, and what impact could that have on runoff and
containment?
- Is there a possibility of underlying ground collapse due to soil erosion?
- Lily Lake is in the process of being stabilized using very laborious and costly methods.
Could this work be compromised by additional water flow?
- How will the proposed development impact adjacent property values and corresponding
tax assessments?
- Would Seeley Street need to be dug up to allow for water and sewer mains after the
imminent resurfacing?
- How will the proposed development influence the neighborhood regarding increased
traffic, street parking, and wildlife habitat destruction?
Thank you for your consideration of the above points regarding the proposed variance.
PLANNING COMMISSION
MEETING DATE: August 8, 2018 CASE NO.: 2018-42
APPLICANT: Gretchen Frochner and Rebecca Tarvainer, property owners
REQUEST: Consideration of a Variance to the 25% Maximum Structural
Coverage and maximum accessory structure coverage for the
construction of a garage addition on the property located at 1114 4th
Street North
ZONING: RB – Two Family Res. COMP PLAN : Low/Medium Density Res.
PREPARED BY: Abbi Jo Wittman, City Planner
REQUEST
The property owners have
applied for a variance to
construct a 15’ deep by 23’
wide addition to the
backside of their garage
located at 1114 4th Street
North. The purpose of the
345 square foot addition is
to provide additional
storage and workshop
space on the property.
The applicant is
requesting:
A variance to the 25%
Maximum Structural
Coverage for the addition of 345 square feet of accessory structure coverage for a total of
28.8% structural coverage [City Code Section 31-308(b)(1)]; and
A variance for the accessory building’s coverage to exceed 10% of the total lot area [City
Code Section 31-308(a)(3)i]. With the 345 square foot addition, the garage’s total area
will increase to 873 square feet, for a total of 10.7% accessory structure coverage.
Figure 1: Image via Google Maps dated August, 2013
CPC Case No. 2018-42
CPC: August 8, 2018
Page 2 of 5
PROPERTY HISTORY
The property is located in a neighborhood that has not yet been surveyed for historical and
architectural significance. According to Washington County Assessor’s Office records, the
residence was constructed in 1858; it does not contain a full basement.
The existing 24’ wide by 22’ deep garage was permitted by the City in 1996. However, it is
existing, nonconforming in that it does not meet the City’s Minimum Front Yard Setback of 30’.
The property owners initially discussed an addition to be located closer to the street. The
proposed design reduces the need for additional encroachment into setback areas.
APPLICABLE REGULATIONS AND ANALYSIS
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 of the
maximum lot coverage is to maintain open, unencumbered space to provide for
adequate infiltration in the historic residential neighborhood which lack modern
stormwater drainage and treatment facilities. Although the applicant is proposing
an increase to the structure coverage, the other impervious surface coverage will
remain at 8.7%. Thus, the total lot coverage (structural and other impervious
combined) would be approximately 36.9%, whereas 50% is allowed. Thus allowing
for sufficient drainage on the property and keeping with the purpose and intent of
the coverage provisions.
Additionally, a purpose of maximum accessory coverage on a lot is to regulate
massing proportionality, ensuring residential neighborhoods are not dominated by
accessory structure coverage. While the property owner’s request does not push the
total coverage over 50%, the size of the addition could reasonably be reduced to
meet the accessory structure massing standard of 10% of a lot area. Reduction of the
addition by 58 square feet, resulting in a 12.5’ by 23’ addition, would be in
conformance.
2. The variance is consistent with the comprehensive plan.
There are no application elements in conflict with 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:
CPC Case No. 2018-42
CPC: August 8, 2018
Page 3 of 5
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;
The primary use of the property as a single family residence is reasonable. It is
reasonable to have garage space on a property that also serves as additional
storage and workshop space. On smaller lots in Stillwater’s RB Zoning District,
it has (generally) been found to be reasonable to allow for increases in accessory
structure coverage when the 50% total impervious surface coverage is not in
exceeded.
Though requests for additional structure coverage are reasonable if a lot’s total
coverage does not exceed 50%, requests for additional accessory coverage in
excess of 10% of the lot area is harder to justify.
With regard to measurement methods, the City’s Zoning Code provides for
calculations to the nearest foot. If this principle was applied to coverage
calculations, the City could allow 10.44% coverage. This could be rounded down
to 10%. Applying this measurement method, then the property would be
permitted to have 851 square feet of accessory structure coverage; this would
allow for a 323 square foot garage addition (or a 23’ wide by 14’ deep).
ii. The plight of the landowner is due to circumstances unique to the property and that are
not created by the landowner; and
Although it could be noted the property is small, it is in conformance with the
minimum lot area for a single family residential property in the RB – Two Family
Residential zoning district. However, the residence was constructed in 1858 with
minimal storage and an underdeveloped basement area. As a result, it has
limited the total amount of storage and workshop area for the property. While a
garage was constructed in 1996, it was not constructed by the current property
owners.
iii. The variance, if granted, will not alter the essential character of the locality.
The applicant is proposing an addition with windows on the back and double,
windowed service doors facing 4th Street North. From 4th Street North, the
accessory structure coverage will have an appearance similar to living space,
rather than accessory structure space. However, the property owners are
proposing to side the addition in vertical, corrugated metal siding. As both the
house and garage are faced with stucco, the metal is not consistent with the
design of the home nor the neighborhood.
Section 31-208 further indicates:
• Economic considerations alone do not constitute practical difficulties.
CPC Case No. 2018-42
CPC: August 8, 2018
Page 4 of 5
• 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 variance to the 25% Maximum Structural Coverage and a variance to the
10% lot area maximum accessory structure coverage for the addition of 345 square
feet accessory structure area, 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. 2018-42, except as modified by the
conditions herein.
b. The siding shall be the same color as the primary structure. The use of stucco is
encouraged.
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(s), with or without prejudice.
3. Table the application and request additional information from staff or the applicant.
FINDINGS AND RECOMMENDATION
As noted, increases to accessory structure coverage above 10% of the total lot area are not
easily justified. On that basis, staff finds that only portions of the application are in
harmony with the intent of the zoning ordinance, consistent with the comprehensive plan
and that the applicant established practical difficulty. Therefore, staff recommends partial
approval as follows (with the conditions included above):
1. Conditional approval of a variance to the 25% structure coverage allowance [City
Code Section 31-308(b)(1)], to permit the construction of a 323 square foot garage
addition to the property located at 1114 4th Street North; and
CPC Case No. 2018-42
CPC: August 8, 2018
Page 5 of 5
2. Denial of the variance to allow more than 10% accessory structure coverage [City
Code Section 31-308(a)(3)i], thus allowing for the construction of no more than 323
square foot garage addition at the property located at 1114 4th Street North.
ATTACHMENTS
Site Location Map
Narrative Request
Existing Site Plan
Proposed Site Plan and Elevations
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General Site Location
Site Location Map
1114 4th St N
PLANNING COMMISSION
MEETING DATE: August 8, 2018 CASE NO.: 2018-43
APPLICANT: Mark Miller, representing Neon LLC, property owner
REQUEST: Consideration of a Special Use Permit for two existing, second-story
dwelling units, a new bar and grill, and a distillery to be located at 227
Main Street South
ZONING: CBD-Central Business COMP PLAN DISTRICT: DMU-Downtown Mixed Use
PREPARED BY: Abbi Jo Wittman, City Planner
Figures: Photos via Google Maps, dated October 2017
REQUEST
The applicant is requesting the following for the structure at 227 Main Street South:
• A Special Use Permit two existing, second-story dwelling units; and
• A Special Use Permit for an approximately 1,350 square foot bar and grill to be
known as Stillwater Proper; and
CPC Case No. 2018-43
CPC August 8, 2018
Page 2
• A Special Use Permit for an approximately 450 square foot distillery to be operated
by 45th Parallel, a distillery currently in operation in New Richmond, WI
DETAILS
The applicant is seeking to locate bar and grill on the main level of the property located at
227 Main Street South. To do this, they are requesting a Special Use Permit for a
“restaurant”. This use will access from Main Street South.
Additionally, the applicant is seeking to locate a small distillery on the same site. To do
this, they are requesting a Special Use Permit for "light industrial use that is clean and
compatible with surrounding properties.” The distillery will be located in the middle of the
building but it will be accessible from both Main and Water Street.
In addition to these uses, approximately 196 square feet of the main floor will be dedicated
to retail uses which will front Water Street South.
BACKGROUND
The property is historically known as the Eagle’s Aerie No. 94 though it most recently was
home to Gaalas Jewelers (facing Main Street South) and Len’s Barber Shop (facing Water
Street South). Neon LLC purchased the property in February, 2017, and has been
renovating the first floor; renovation included significant reconstruction of a traditional
wooden storefront. The upper story contains two, one-bedroom rental apartments; no use
permit has been obtained for these residences.
SPECIAL USE PERMIT APPLICABLE REGULATIONS AND STANDARDS
Municipal Code Section 31-207 indicates the following must be determined by the Planning
Commission prior to the issuance of a Special Use Permit (SUP):
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.
Zoning Ordinance
Use
Restaurants in the CBD have been determined to be in substantial conformance with
the SUP provisions when the proposed use mitigates potential negative effects (such
as impact to parking, trash, noise, etc.).
Both breweries and wineries have been classified as “light industrial that is clean
and compatible with surrounding properties” in the Central Business District. While
the City does not have a distillery, these uses have been determined to be
CPC Case No. 2018-43
CPC August 8, 2018
Page 3
substantially similar to other type of beverage production, as noted. The applicants
have verbally indicated that mashing and fermenting will occur offsite.
• The applicant is aware that this type of use will require additional permitting
beyond this SUP.
Trash
There are two existing City of Stillwater trash enclosures on Water Street. The
applicants have indicated they have discussed the use of one of these facilities with
adjacent restaurants. However, the City does not have formalized agreements for
the use of these combined trash enclosures. Therefore, staff would recommend that
prior to the release of the Use Permit, the property owner, and associated businesses,
is/are required to enter into agreement with the City of Stillwater for the use of
these combined enclosures.
Noise
While the owner is proposing to have retractable windows and doors on Water
Street, this will open to the retail space. The uses are required to comply with City
Code Section 38-3, Noise control and regulation.
Parking
There is no onsite parking. However, the property is located within the Downtown
Parking District. When there is a deficit of onsite parking, the City allows for a
mitigation plan to be submitted for review and approval by the Downtown Parking
Commission prior to the release of the Special Use Permit. The following addresses
the existing parking (credit) in comparison to the proposed uses and parking
requirements:
Use Requirement Spaces
Existing Retail (2,000 s.f.) 1/200 s.f. 10
Barber 3/chair 6
Residential 1.5/unit 3
Total Credit 19 spaces
Proposed Retail (196 s.f.) 1/200 s.f. .98
Restaurant (1,350 s.f.) 1/120 s.f. 11.23
Distillery (450 s.f.) 1/325 s.f. 1.38
Residential 1.5/unit 3
Total Required 17 spaces
As the existing parking requirements exceed the requirements for the proposed uses,
no parking mitigation is required. However, the applicant should purchase two
parking permits for the second story rental units.
CPC Case No. 2018-43
CPC August 8, 2018
Page 4
Comprehensive Plan – The Local Economy chapter of the City’s Comprehensive Plan
(Page 7-4) “encourages small locally owned businesses particularly in the downtown.”
Any additional conditions necessary for the public interest have been imposed; and
Staff has not identified any public interest concerns.
Exterior changes – Section 31-319 of the Stillwater City Code requires that the Heritage
Preservation Commission (HPC) conduct a design review on exterior changes, signage,
and mechanical units. The HPC has not reviewed any exterior changes though
applicant has been submitted for their review; the HPC will review exterior
modifications at their August 15th meeting.
Miscellaneous – Plans and the use will need to be approved by the engineering, fire and
building officials before the issuance of a building permit. Additionally, as noted above,
other local, state and federal review and approvals will be required.
The use or structure will not constitute a nuisance or be detrimental to the public welfare of the
community. Staff has determined the restaurant and distiller would not be a detriment to
the public.
ALTERNATIVES
The Commission has the following options:
A. Approval: If the Planning Commission finds the Special Use Permit amendment proposal is
consistent with the provisions of the SUP process, the Commission could move to approve
the SUP with or without conditions. At a minimum, staff would recommend the following
conditions of approval:
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. 2018-43,
except as modified by the conditions herein
3. Prior to opening of the distillery, bar and grill, the property owner shall enter into trash
enclosure access and maintenance agreement with the City of Stillwater and other
adjacent users.
4. All signage and exterior alterations including, but not limited to, the installation of
new windows, doors, lighting, mechanical equipment, and signage shall be
reviewed and approved by the Heritage Preservation Commission prior to
installation. Any conditions attached to the Design Permit issued by the Heritage
Preservation Commission for this addition are incorporated by reference into this
Special Use Permit.
5. Plans and the use will need to be approved by the City of Stillwater engineering, fire
and building officials before the issuance of a building permit.
CPC Case No. 2018-43
CPC August 8, 2018
Page 5
6. Prior to distilling operation commencement, the applicant shall secure state and
federal permits and licenses.
7. Prior to opening of the distillery, bar and grill, the application shall secure all local
liquor licensing approvals.
8. 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.
B. Approve in part.
C. Deny. If the CPC finds that the proposal is not consistent with the approved Special Use
Permit guidelines, then the Commission could deny the request. With a denial, the basis of
the action is required to be given. Furthermore, a denial without prejudice would prohibit
the applicant from resubmittal of a substantially similar application within one year.
D. Table. If the CPC needs additional information to make a decision, the request could be
tabled the September, 2018 meeting.
FINDINGS AND RECOMMENDATION
Staff finds that with certain conditions, the proposed use conforms to the requirements and the
intent of the Zoning Code, the comprehensive plan, relevant area plans and other lawful
regulations and will not be a nuisance or detriment to the public welfare of the community.
Therefore, staff recommends conditional approval of a Special Use Permit for two existing,
second story residential units and to operate a bar and grill restaurant and distillery on the
property located at 227 Main Street South
ATTACHMENTS
Site Location Map
Narrative Request (2 pages)
Floor Plan
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General Site Location
Site Location Map
227 Main St S