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Home My WebLink About1995-09-11 CPC Packett1'�_ - ter THE BIRTHPLACE OF MINNESOTA NOTICE OF MEETING PLANNING COMMISSION CITY OF STILLWATER 216 NORTH FOURTH STREET The Stillwater Planning Commission will meet on Monday, September 11, 1995, at 7 p.m. in the Council Chambers of City Hall, 216 North Fourth Street. Approval of Minutes of August 14, 1995. AGENDA 1. Case No. DP/SUP/95-60. A design review and special use permit and design review plan for the construction of 20- unit townhouse project just east of Benson Blvd. on West Orleans Street in the RCM, Medium Density Family District. Kornovich Development Company, Inc., applicant. 2. Case No. SUP/95-50. A special use permit to operate a three -dog kennel at 1656 South Greeley Street in the RA, One Family Residential District. Stillwater Towing, Richard Ritzer, applicant. (Continued from Planning Commission Meeting 7-10-95) 3. Case No. SUP/95-55. A special use permit to have a three -dog kennel at 1325 South First Street in the RB-Two Family Residential District. Vincent and Linda Nehring, applicants. 4. Case No. SUP/95-58. A special use permit to have a three -dog kennel at 2628 Croixwood Blvd in the RA, One - Family Residential District. Claudia Mechelke and Peter Ruone, applicants. 5. Case No. V/95-66. A variance to the sideyard setback (5 required, 2 requested) for the construction of a 8' x 10' shed at 1010 North Fourth Street in the RB, Two Family Residential District. Billy J. Elliot, applicant. 6. Case No. V/95-67. A variance to the accessory building size requirements for a 16' x 20' oversized storage building 320 square feet proposed, 120 square feet allowed at 201 Maryknoll Drive in the RA, One Family Residential District. David N. Przybylski, applicant. 7. Case No. V/95-68. A variance to the rear yard setback (25 feet required, 18 feet requested) for the construction of a main level handicapped bathroom at 1408 Riverview Drive in the RA, One -Family Residential District. Charles and Irene Berg, applicants. 8. Case No. SUP/95-69. A special use permit to have a photo supplies and service business out of the residence at 2356 Van Tassel Drive in the RA, One Family Residential District. Michael and Mary Potter, applicants. 9. Case No. SUP/95-71. A special use permit for the construction of a 52-unit motel at 2200 West Frontage Road in the BP-C, Business Park Commercial District. Rodney L. Lindquist, ETC Enterprises, Inc., applicant. 10. Case No. SUP/95-72. A special use permit for a residential unit in an existing commercial building at 220 East Myrtle Street, old post office, in the CBD, Central Business District. Mark Balay, applicant. t '11. Other Items. CITY HALL: 216 NORTH FOURTH STILLWATER, MINNESOTA 55082 PHONE: 612-439-6121 PLANNING COMMISSION �. Aug. 13, 1995 Present: Chairman Jerry Fontaine Glenna Bealka, Duane Elliott, Rob Hamlin, Kirk Roetman, Darwin Wald and Terry Zoller Absent: Dorothy Foster and Don Valsvik Others Steve Russell, community development director; Sue Fitzgerald, planning Mr. Fontaine called the meeting to order at 7 p.m. Mr. Elliott asked that the minutes of the July 10 meeting be corrected in the discussion regarding Case No. V/95/43, changing the wording in the third paragraph to: Mr. Elliott suggested the cheapest way to accomplish that (property line definition) would be to have public works lay sufficient curbing to define the street location. Mr. Wald, seconded by Mr. Elliott, moved to adopt the July 10, 1995, minutes as corrected. All in favor Case No. SUP/95-50 Case No. SUP/95-55 Case No. SUP/95-58 These three cases were continued to the Sept. 11 meeting. Mr. Roetman, seconded by Mr. Wald, made the motion to continue the cases; all in favor. Case No. V/95-51 A variance to a previously approved sign program for placement of a 64-square-foot sign at 14328 N. 60th St. in the BP-C, Business Park Commercial District. Kennedy Transmission applicant. Greg Cornell, owner, appeared regarding the request. Two members in the audience spoke in favor of allowing additional signage. Mr. Hamlin noted the city does have a sign ordinance. He suggested the problem appears to be with the landlord and tenants when one client gets 70 percent of the main signage for the center. Signs on the rear of the buildings would not solve that issue, he said. Mr. Fontaine noted a precedent had been set in allowing Tires Plus -� additional signage. He said he would follow that precedent as long as the signage is of quality design, like the Tires Plus sign. Mr. Zoller agreed with that position. Mr. Roetman suggested looking at other options, including redistributing the signage on the pylon post. Mrs. Bealka, seconded by Mr. Zoller, moved to approve the variance allowing an additional sign of a maximum of 25 square feet and of a quality in keeping with the precedent set by Tires Plus. Motion passed 5-2, with Mr. Hamlin and Mr. Roetman voting no. Case Nod V95-56 A variance to the sign program for the placement of a second 24 or 64-square-foot sign at 14344 N. 60th St. in the BP-C, Business Park Commercial District. Precision Tune, applicant. Robert Leary appeared regarding the request. He said he had the same problem as Kennedy Transmission regarding visibility of signage. He said he would be willing to do the additional sign like the Tires Plus sign. Mrs. Bealka, seconded by Mr. Wald, moved approval of an additional 25 square foot sign as conditioned. Vote was 5-2, with Mr. Hamlin and Mr. Roetman voting no. Case No. DP/SUP-95-64 A design review and special use permit for a new collision repair facility consisting of a building of approximately 14,214 square feet to be located at 2000 Curve Crest Blvd. in the BP -I, Business Park Industrial District. Kellison Company, applicant. Jim Kellison appeared regarding the request. Mr. Russell passed out a letter received before the meeting. In response to the letter, Mr. Kellison told the commission the fencing would be wood. He also noted that in an earlier review by the HPC, the owner had agreed to a zig-zagged fence design that will enable landscaping to be placed outside the fencing. Mr. Hamlin, seconded by Mr. Elliott, moved approval as conditioned, including the commitments regarding the fencing; all in favor. Case No. V/95-57 A variance to the rear yard setback (23 feet requested, 25 feet required) for the construction of a four -season porch at 1986 Tuenge Drive in the RB, Two Family Residential District. Grazelle Burns, --� applicant. 5 �.. Ms. Burns appeared regarding the request. Mr. Zoller asked whether she could make the porch two feet shorter so a variance wouldn't be required. (Later in the discussion, staff pointed out that the a three foot variance, rather than a two foot variance, would be required.) Ms. Burns said shortening the porch by two feet would make it too narrow. She noted her property is at the end of the street and the back of the property faces a cul de sac on the street to the west, so the porch wouldn't give the property a cramped appearance. She said there has been no opposition from neighbors. Mrs. Bealka, seconded by Mr. Roetman, moved approval. In the ensuing discussion, Mr. Wald and Mr. Zoller noted that granting variances has a domino effect. It was also pointed out that Ms. Burns could build a porch within the ordinance guidelines. Motion failed on a 6-1 vote, with Mrs. Bealka voting in favor. Case No. V/95-59 A variance to a front yard setback (30 feet required, 12 feet requested) for a 22' x 24' attached garage at 201 Maryknoll Drive in the RA, One Family Residential District. David N. Przybylski, applicant. Mr. Przybylski appeared regarding the request. He said he would like to build the new garage and use the existing garage for additional living space. He said he had a letter signed by seven neighbors giving their approval of the proposal. He also noted that he has been maintaining the front boulevard area and using it as a parking area ever since he moved into the house. Mr. Elliott pointed out that Croixwood is a major development and all the houses have been built by the book. Other variance requests have been denied based on uniformity unless a hardship is shown. Mr. Przybylski said there is a sharp curve to the street and the proposed garage would not disturb anyone's view. Mr. Elliott, seconded by Mrs. Bealka, moved to deny the request; all in favor. . Case No. SUP/V/95-61 A special use permit and variance to add a small food service counter to the existing facility at 413 E. Nelson Street in the CBD, Central Business District. Randy Waslien and Deborah Asch, applicants. Ms. Asch appeared regarding the request. She questioned the staff review which based the need for additional parking on a restaurant use of 1,900 square feet; she said the existing retail use is 500 square feet. Ms. IN Fitzgerald said she used the square footage from when the Commander Elevator was approved for retail space in figuring the additional parking needs. Ms. Asch said she was only asking for a small beverage/food service to serve her existing customers, not the entire building. Mr. Hamlin moved approval, with the conditions that the appropriate health permits be obtained and that there be no additional signage. Mr. Elliott seconded the motion; all in favor. Case No. DP/V/95-65 Design review and variance to side yard setback requirements (9.8 feet requested, 20 feet required) for construction of an attached garage and brick veneer of the north wall of the house at 315 S. Third St. in the CBD, Central Business District. Marlin Eiklenborg, applicant. Mr. Eiklenborg appeared regarding the request. He said he was aware of all the conditions of approval. Mr. Roetman, seconded by Mrs. Bealka, moved approval as conditioned; all in favor. Case No. SUP/95-62 A special use permit to renovate the premises to accommodate automotive use at 14550 N. 60th St. in the BP-C, Business Park Commercial District and Case No. SUP/V/95-63 A special use permit to renovate the premises and variance to the sign ordinance for a second sign at 14550 N. 60th St. Benjamin Smith, applicant. Benjamin and Mark Smith appeared regarding the request. Mark Smith said the owners plan to renovate both the interior and exterior of the building, the former Crown Auto store. The parking area will be repaved and striped; landscaping will be added. The building will be occupied by Car-X and Enterprise Rental, neither of which require cars to be stored on the premises. In additional to the allowable building signage, the request is to have a pylon sign; the owners said they would be willing to keep the pylon sign at its existing location. Mr. Russell noted that because the Crown Auto sign has been removed from the pylon, in terms of the sign ordinance, the permit is null and void; the current pylon placement is within guidelines, however. '� r ' A resident of 1403 Benson Blvd. cautioned against granting sign variances or Highway 36 will look like Roberts Street for automotive businesses. Another resident of Benson Boulevard said the pylon sign is an existing condition and the variance ought to be allowed. Mr. Russell suggested that if the variance is granted for the pylon sign, it should be a 60 square foot sign, less that the allowable 100 square feet. Ben Smith suggested that to make it equitable for the two building tenants an 8 x 8 sign would make for easy design. Mr. Roetman, seconded by Mrs. Bealka, moved approval of Case No. SUP/95- 62 as conditioned; all in favor. Mr. Hamlin, seconded by Mr. Elliott, moved to approve Case No. SUP/V/95- 63 as conditioned, allowing a pylon sign of up to 65 square feet, maximum 25 feet in height at the existing location, with the additional condition that there be no overnight parking of cars. Motion passed unanimously. Ben Smith asked that the condition of approval requiring fencing of the rear parking area be removed since no cars will be stored on the property. Mr. Zoller, seconded by Mr. Wald, moved to eliminate condition of approval No. 1; all in favor. Case No. DP/SUP/95-60 A design review and special use permit and design review plan for construction of a 20-unit townhouse project just east of Benson Boulevard on West Orleans Street in the RCM, Medium Density Family District. Kornovich Development Company Inc., applicant. Over 50 people were present for this discussion. Mr. Lonnie Kornovich appeared regarding the request. He said he had reviewed staff comments and was open to suggestions. Peggy Ozer, 1579 Driving Park Road, said the No. 1 concern with neighboring property owners is the potential for increased crime that comes with low-income developments. There are two such developments, Charter Oaks and the Cottages, within a mile of the Highlands area. Stillwater police made 50 calls to Charter Oaks last year and 25 to the Cottages, she said. She asked that the developer consider owner/occupied townhome units or designating the units for rental to low-income elderly people. She also expressed concern about the vulnerability of the people living in the new handicapped apartment unit. And she asked that the project be buffered with landscaping. Many of the neighbors concerns deal with property management, she said. Mr. Sussi, of Meets and Bounds Property Management, the firm that would managed the proposed project, said his company manages over 2,000 units in the Twin Cities area. Criminal and credit checks are performed for prospective tenants. He pointed out the proposed development is not for low-income persons, it is for moderate income, working class people. He also said there would be no problem providing screening to the north side of the development. Rick Schroeder, 1402 Lydia Circle, said he was not convinced there was enough parking. He also expressed concern about the safety of the intersection at the hill, where there already is a significant amount of traffic. Wayne Jesky, 1403 Lydia Circle, asked why the property in question had been rezoned. Rocky Picanti, 1555 Benson Blvd., said the park is important to the neighborhood. He expressed a concern that the development would bring a lot of children into the neighborhood and would impact on the current residents' property values. A resident of 1561 Driving Park Road asked why the city is clustering low-income housing and also asked why the property was rezoned multi- family housing. A number of residents asked why the property was rezoned after they had built their homes. Cindy Olson, 1525 Driving Park Road, noted that Lily Lake school is already crowded. She too asked about the rezoning. Gary Kriesel, 1451 Lydia Circle, said developments such as the one proposed should be built throughout the community so the Highlands area doesn't have the stigma of having all the low-income housing. He also said there should be some benchmark for communities in the provision of low- income* housing, and he asked where the city of Stillwater and other communities are in relation to that benchmark. Mr. Picanti said owner -occupied units would be preferable. He also suggested the city acted hastily in rezoning the property as the Industrial Park is beginning to sell now. --N T Harry Ozer, 1579 Driving Park Road, said the city is trying to build a ghetto with two low-income developments within one-half mile of each other. He said the city is not consistent in its standards -- granting a three-foot variance for construction of a porch would have far less impact on the neighborhood than will a low-income housing development. He said residents in the Highland area bought homes here to raise families and are worried about the quality of life. He reiterated concerns about safety, crime and the proximity to the Courage Center. It's not the right type of development for the area, he said. Dan De St. Aubin, 1390 Benson Blvd., cited overcrowding of schools and parks. Carolyn Hildebrandt, 1555 Driving Park Road, asked that a fence be placed along the property line if the project is approved. A resident of the new handicap -accessible apartment at 1370 Curve Crest Blvd. asked what kind of buffer would be provided at the site. And he expressed a concern about traffic and safety, saying he had almost been hit three times at the stop sign. Bruce Junker, 1451 Benson Blvd. E., spoke in opposition. ,.., Gregory Hanson, 1548 Highland Road, showed a copy of the police calls. He said the city should build improvements that will increase values -- this will lower values, he said. Ann Kriesel, 1451 Lydia Circle, asked how the developer/management company planned to follow through on resident checks, maintenance and appearance. She reiterated that concern later in the discussion. Greg Ries, 1284 Benson Blvd. W., said he lived in an area where a development, such as the one proposed, brought gangs and increased crime. Debby Knowlan, 1363 Benson Blvd., said they bought the property under the assumption the area in question was zoned commercial, not multi -family. Rental , properties aren't well maintained and residents shouldn't be punished because the city wants to rezone the property, she said. Dave Green, 1543 Driving Park Road, referred to recent problems where police had to be called and said he felt "betrayed" by the city of Stillwater; he said he had been told the area was zoned industrial. 7 Mr. Zoller noted the property has been zoned multi -family for at least a year; the rezoning was required in order to build the new handicapped ON apartment building. Janet Mathews, 1119 Gilbert Court, asked how far along the developer is in the approval process. Sue Fitzgerald responded that the developer has the right to come to the city and ask for approval. Mr. Zoller pointed out that by state law as long as the area is zoned multi -family, the city can't discriminate against potential developers on the basis of age, income, etc. Denial would have to be based on facts that the use doesn't meet the intent of the ordinance. Mr. Hamlin asked where the city stands in providing this type of housing and whether the city has to endorse this type of project. Mr. Russell noted that the city policy is to meet Met Council's guidelines of providing for life -cycle housing. The comprehensive plan, he said, refers to the need for 300 additional housing units for low and moderate income people. Mr. Fontaine asked whether it made good sense for planning purposes to spread such housing throughout the community. Mr. Russell said most older areas of the city do have a mix of housing stock, and he noted that the property is question is one of the few multi -family sites remaining in the city. Kerry Ruedy, 1573 Driving Park Road, asked whether the developer would consider owner -occupied units. The answer was no. Gary Kriesel, 1451 Lydia Circle, noted the 1990 census indicated 84 percent of the Highlands area was renter occupied. He asked what would happen to the proposed housing development if federal policies change. Steve Marker, 1272 Driving Park Road, questioned the need for 300 additional low- moderate -income housing units. He asked how the area could be rezoned back to commercial/industrial. Mr. Russell responded that the residents could petition the city council for rezoning. Mary Jo Boyle, 1356 Benson Blvd., spoke in opposition. Rebecca Olson, caretaker of the handicapped -accessible apartments at 1370 Curve Crest Blvd., expressed a concern about having adequate caretakers for the project. --*N Terry Hildebrandt, 1555 Driving Park Road, questioned that advisability of a clustering low-income housing all in one neighborhood. A resident of 1427 Lydia Circle also referred to the possibility of the federal government removing tax credits. He asked the developer to consider owner -occupied units. Regarding the need for life -cycle housing, he said senior citizens have a need, too, and would be much more welcome by neighbors. Mr. Fontaine said he thought the property owners and developers should get together to talk about concerns. He said he would consider a motion to continue the hearing. Mr. Hamlin moved to continue the matter until the October meeting to provide residents an opportunity to decide on a course of action and to allow developers to make videotapes of other projects to address concerns about management/maintenance, etc. Mr. Roetman seconded the motion. Mr. Kornovich noted he was under strict time guidelines and he would have to go back to the HRA if there is a delay; he said he would be willing to work with any recommendations from the Planning Commission. Mr. Elliott said he would prefer to delay the issue just one month in order to move the process forward. Mr. Hamlin's motion passed by unanimous vote. Case No. V/95-54 A variance to a side yard setback (10 feet requested, 30 feet required) at 1004 S. Holcombe St. in the RB-Two Family Residential District. City of Stillwater, applicant. Mr. Russell said the house on the property will be demolished because of its poor condition, and the city wants to sell the lot . A variance is required for the setback from Anderson St. Mr. Zoller noted the building would have to be on the westerly side of the lot. Mr. Hamlin, seconded by Mr. Roetman, moved approval with the condition the building be on the westerly portion of the lot; all in favor. Comprehensive Plan update Mr. Russell noted that since the April 25 public hearing, the City Council requested a fiscal impact study and engineering information regarding assessment policy and location of utilities. In addition, he said there is a concern about runoff to Brown's Creek; the watershed district is T recommending a comprehensive study that will take about six month to compete. He said he is hopeful the council will be ready to take action on the Comprehensive Plan by year's end. Mr. and Mrs. Kroening expressed their concern about the delay. They said developing in the township is beginning to look more attractive as it seems less and less likely that the city's Comprehensive Plan will ever happen. They said they would not like to lose the proposed Charles Cudd community and said they would not like to go with Stillwater Township's plan. Mr. Elliott, seconded by Mr. Wald, moved to adjourn the meeting at 11 p.m. Respectfully submitted, Sharon Baker Recording secretary -,IN j0 T PLANNING APPLICATION REVIEW Case No. DP/SUP/95-60 �..- Planning Commission Date: September 11, 1995 Project Location: West Orleans east of Benson Blvd Zoning District: RCM, Medium Density Family Applicant's Name: Kornovich Development Company, Inc. Type of Application: Design Permit and Special Use Permit Project Description: A special use permit and design review for the construction of 20-unit townhouses. Discussion The proposal is a 20-unit townhouse type development. The site is located in the multifamily residential district, RCM, next to and just south of the Highlands of Stillwater 200 small lot single family subdivision. To the west of the project site is Courage Center, to the south an apartment development and to the east Charter Oaks Townhomes, a rental housing development. The development sites on a 1.82 acre site. Based on density calculations, 28 residential units could be accommodated on the land. Parking for 44 vehicles is provided on site, 20 spaces in garages. Each residential unit shall be responsible for individual trash pickup so no community trash area has been designated. Landscape plan, drainage, grading and utility plans are provided. The drainage, grading plan and utility plan has been reviewed by the city engineer, water department and fire chief. Their comments will be incorporated into the final project design. The project design and landscape plan was reviewed by the design review committee at their meeting on September 6, 1995. The development meets zoning density height and setback requirements for the zone district. The RCM zoning regulations require 4,000 square feet of play area. Play areas are designated on the plan. Through design review the locations have been relocated to the northeast portion of the site. A better landscape plan arrangement may be accomplished through incorporating some of the excess city right of way land to the west of the project into the development (this is not needed for the project to meet zoning requirements but could result in a better development and streetscape design). A neighborhood park, Benson Park, is located within walking distance of the development. The application was reviewed by design review at their meeting of September 6, 1995 (see design review action below). Planning Commission meeting of August 14,1995. A public hearing was held on this planning request. At that meeting, the staff report was considered, the development proposal presented and public comments heard (refer to minutes of CPC 8-14-95). Concerns from the public included concern for crime, school impact, traffic, taxes, lack of maintenance, project management, tenure, project buffering, drainage and concentration of multifamily housing. After hearing testimony, the planning commission continued the item to their meeting of October 9, 1995. Commissioners urged the developer to meet with the neighbors to better describe the project and to understand and address their concerns. After the planning commission meeting of August 14, 1995, the applicant appealed the two month planning commission continuance. The city council considered the appeal of the commission action at their meeting of August ' 22, 1995 and ordered the item to be heard by the commission at the meeting of September 11. The item has been advertised for the September planning commission meeting. Since the planning commission hearing of August 14, 1995, the applicant, developer and management firm has held a meeting with many of the neighbors in attendance at the commission meeting. Jerry Fontaine and planning staff were at the meeting. The applicant presented additional information regarding the project. At that meeting, buffering of the project, fence location, tree preservation, building materials and landscape maintenance were discussed. By the end of the two-hour meeting, it appeared that there was a better understanding of the project and neighborhood concerns. Design Review. The design review committee met September 6, 1995, to review the design of the project. Subjects discussed included fence location and design, on -site park location and configuration, drainage, building location, building elevations and colors and sidewalks, trash management and use of triangular shaped West Orleans right of way (city owned). The design review committee felt that the city could construct a sidewalk along Curve Crest Blvd from Greeley to West Orleans to accommodate youth pedestrian access from Charter Oaks and areas to the east to the new Benson Park. With the construction of fences around the development, children will no longer be able to cut through the site to Lily Lake School or Benson Park. After considering the above subjects, the design review committee approved the development conceptually with the following conditions: 1. The existing trees on the north side of the property shall be preserved and trimmed only with the approval of the Community Development Director. 2. Development lighting shall be normal residential lighting with no special parking lot or service area lighting. 3. All landscaping shall be installed before project occupancy. 4. All utility areas shall be completely screened from public view. 5. Any signage shall be low profile and obtain a sign permit. 6. Trash storage shall be the responsibility of each unit and not collected in community trash facility. 7. The play area shall be relocated to the east end of the property and be created by a new retaining wall. Fencing shall be constructed on three sides - south, north and east sides - of the property. The specific location and type of fence shall be received by the design review committee. 9. The developer shall landscape and construct a fence on the city owned West Orleans Street right of way to buffer the project from residents to the north as approved by the city and neighboring properties. 10. The location of the north fence shall be south of the north property line and the land to the north of the fence shall be granted for maintenance and use purposes to the adjacent residents to secure the area. 11. Building elevation, materials and colors shall be finally reviewed by the design review committee before building permits are issued. 12. All the above conditions shall be reviewed and approved by the design review committee before building permits are issued. The planning commission is charged with reviewing the project with zoning requirements. The project is consistent with the density, height, setback, parking requirements of the zone district. As conditioned by the design review committee above, the design review committee conceptually approves the design of the project. To address other city requirements and neighborhood concerns the following conditions are recommended. Conditions of Approval: 1. All conditions of the design review listed above. Committee shall be meet (above 1- 12). 2. The on -site park design shall be reviewed by the city park and recreation commission. A minimum of 4,000 square feet shall be provided in park use primarily for preschool children. 3. The in lieu park dedication fee shall be paid. 4. Any drainage modifications shall be approved by the city engineer. 5. Garages shall be used for parked cars only and not general storage. 6. No recreation vehicles, trailers or other nonoperative vehicles shall be located on site. 7. An irrigation system shall be provided for all landscaped areas. 8. The landscaping shall be maintained in a healthy condition for three years. 9. The land to the north of the northerly fence shall be available to the residence to the north for use, security and maintenance. 10. There shall be no increase in site runoff to adjacent properties. 11. Comments from the fire department and water department regarding the utility plans shall be incorporated into the final construction plans. If project is approved, the planning commission should make the following finding based on the staff report, design review, public testimony and any conditions of approval that modify the proposed development design. Findings: Based on the residential project design, zoning requirements and conditions of design approval, the development is not injurious to the neighborhood or otherwise detrimental to the public welfare and will be in harmony with the zoning ordinance and West Business Park Design Guidelines. Recommendation: Consideration of request and discussion. Attachments: Application and plans. 09/08/95 12:51 FAX 612 259 6991 C&E CM/Duffy Eng E0001 4400 121 st Avenue Clear Lake, MN 55319 C3> Phone 612.743.3116 Fax 612-743 a905 DATE: Sept 8, 1995 DI COMPANY: City 'of Stillwater CONTACT: Steve Russell FROM: Lonnie Kornovich PAGES: Z (INCLUDING COVER SHEET) 0" - Il IF YOU DID NOT RECEIVE THE INDICATED NUMBER OF PAGES, PLEASE CALL OUR OFFICE IMMEDIATELY. i 6 o" a JNIGVULJ NW 'H31vm-l-ll1S '00 LN3V4d0-l3A9G HOIAONVON S3WOHNM01 39d IA XOl!O '15NV_ld ;^ I t ! „b$ c _` 91.,� .a F= n / Z J CL Z A xr K� 1 PLAN, JNG ADMINISTRATIVE FO.L.LvI OR COMMUNITY DEVELOPMENT DEPARTMENT CITY OF STILLWATER 216 NORTH FOURTH STREET STILL WATER, MN 55082 ACTION REQUESTED Appeal Certificate of Compliance Conditional or Special Use Permit Desisn Review Permit Planned Unit Development Variance Comprehensive Plan Amendment .'_oning Amendment Other Engineering Review Fee Total Fee Case Date: Fee Paid: 9 FEE % 70 00 -10 ADDITIONAL ENGINEERING COSTS MAY BE INCLUDED AS PART OF THIS APPLICATION v Gl � j� er Ag Environmental Review EIS No Special Environmental Assessment Required k ",e applicant shall be responsible for the completeness and accuracy of all forms and supporting material submitted in c with any application. Address of Project West Orleans Street Assessor's Parcel No. Zoning District RCM Description of Project 20 Unit Townhouse ( two 10 unit buil s ) "I hereby state the foregoing statements and all data, information and evidence submitted herewith in all respects, to the best of my knowledge and belief, true and correct. I further certify I will comply with the permit if it is granted and used." Property Owner Kornovich Development Com. , Inc. Mailing Address 4400 121 st Avenue Clear Lake, MN Telephone No. 612 — 743 — 3116 Signature Representative Lonnie L. Kornovich Mailing Address Same Telephone No. Satre Signature Any decision made on this proposal can be appealed within ten calendar days of the date of the action. Lot Size (dimensions) 264 Total Land Area 79,410 Hight of Buildings: Stories Principal 2 Accessory \.— Date of Public Hearing is X 300 sq. ft. Total Floor Area 24, 716 sq. ft. Proposed floor area 7, 716 sq. ft. Feet Building Coverage 16.996 sq. ft. 26' Paved Impervious Area 17,795 sq. ft. Number of off street parking spaces 44 MAGNUSON LAW FIRM LICENSED IN MINNESOTA AND WISCONSIN THE DESCH OFFICE BUILDING 333 NORTH MAIN STREET • SUITE #202 • P.O. Box 438 • STILLWATER. MN 55082 TELEPHONE: (612) 439-9464 • TELECOPIER: (612) 439-5641 DAVID T. MAGNUSON MATTHEW A. STAEHLING August 23, 1995 Mr. David J. Meyers Rinke-Noonan Attorneys At Law Suite 700, Norwest Center Box 1497 St. Cloud, MN 56302 Re-: Stillwater Planning Review Case :9560 The City of Stillwater and Kornovich Development, Inc. Dear David: LEGAL ASSISTANTS: MELODIE ARVOLD JODIJANTz 42 The Notice of Appeal that you recently filed for Kornovich Development, Inc. was brought to the attention of the City Council last night at a special meeting that was scheduled for other purposes. The Council decided to overturn the Planning Commission's decision to table, and ordered that the matter be set for the next regular meeting of the Planning Commission which is scheduled for September 11, 1995. Also, since Kornovich did not attend a scheduled meeting of the Stillwater Design Review Committee, that was scheduled for the first meeting in August, it is necessary that they attend the next scheduled meeting of the Design Review Committee which is scheduled for September 6, 1995. It is necessary for the project to obtain Design Review approval before it is ready for consideration by the Planning Commission. Further, the Planning Director informed me that representatives of Kornovich indicated a willingness to meet with members of the neighborhood. These meetings would be encouraged, and with regard to other projects that have proven very beneficial to both the neighborhood and the Developer, since the meetings often improve communications and result in agreement on mitigation measures that might lessen the impact of the project on adjoining neighbors. Kornovich should talk to Steve Russell or Sue Fitzgerald in the City Planning Office for particulars. They can be reached at 439-6121, and they would be happy to discuss requirements for the scheduled design review and the agenda for the next Planning Commission meeting. Please let me know if I can be of further help. Yours very truly, David T. Magnus , Stillwater City Attorney cc: Steve Russell and Nile Kriesel V _D NKE- )ONAN.. RINKE, NOONAN, GROT4 S LEY, DETER, COLOMBO, W T, VON KORFF, DEWANNI, AND HOBBS, LTD. TO ATRNEYS AT LAW Suite 700 Norwest Center Box 1497 St. Cloud, MN 56302 (612) 251-6700 Fax. (612) 656-3500 August 18, 1995 Ms. Marli Weldon Stillwater City Hall 216 North Fourth Street Stillwater, MN 55082 D. Michael Noonan Dave Magnuson Stillwater City Attorney ` Gerald R. Grote P.O. Box 438 Stillwater, MN 55082 William A. Smoley' NOTICE OF APPEAL Kurt A. Deter Barrett L. Colombo Re: Stillwater Planning Review Case No. 9560 St. Croix Village Townhomes James. L. Want Our, Client: Kornovich Development, .Inc. Our File No. 10492.006 Ger-W W. Von Korff `, Dear Ms. Weldon and Mr Magnuson: James Degiovanni - Sharon G. Hobbs This is a notice of -appeal of 'action taken by the Stillwater City -Planning -Commission on Monday, August 14, DavidJ. Meyers 1a 1995, with regard to the above -captioned matter. We understand that the matter was tabled. John J. Meuers I discussed this procedure with Mr..Magnuson, who told me Rogerc.Justin that an appeal may be made of any action taken by the JohnJ. Babcock Planning Commission, to the City Council. I understand that you will place this matter on the City Council Jill A. Pinkert agenda. Please notify me when it, is scheduled. IgorS. Lenzner' Contact me if you have any ..questions. . GaryR. Leistico yours very truly, Chad T. Jerdee . RI Nora L. Klaphake Orrin V. Rinke By of counsel t' +fedtoPra COLaw in Indiana 2Rea1 Property Law $peda6st C"fied by the MrnnesM state bar Assoc anon 3Ad Mted to Practice Law in Wmonsin DJr2/ xn cc: Kornovich Development Co. SENT CERTIFIED MAIL - RETURN RECEIPT REQUESTED 10492.006\K0817A.DJM I V '♦ 't n �, - - �,� � ,_1, _ .. � - f8. �, L ` ..-s' -�. �_ � a � 1 _.� � � �� _.}l�f -i _ �f y 4 ��` .�; � * r '- r �, a �!� f4 � ��' 'S x.,:� � 8 � '. 1C.a� :. � �, � (.. �. �• � .c .� ` - � �4, *t t �t, �{� s.v . r � �.Rh � � �, •} "•t a _' �t �t �, .," ` k r rt � �,._, � � � ,a -� yi. �ggg� � _ t' Y , :1 ,4�.: i � # i �� r' _ - #o I - '\ ' �M � �� s } $, u el- v OR PIP WMINA VF-A u 0 PLANNING APPLICATION REVIEW FORM CASE NO. V/95-66 PC Date: September 11, 1995 Project Location: 1010 North Fourth Street Comprehensive Plan District: Two Family Residential District Zoning District: RB Applicant's Name: Billy J. Elliot Type of Application: Variance Project Description: A variance to the sideyard setback for the construction of a 8' by 10' shed (5 feet required, 2 feet proposed). Discussion: �.., The applicant's house is located on a unique parcel of land, formerly a small fuel station site. The house has a street on two sides and the house front faces the corner. The lot is small and has no room for a garage. The proposed shed would be about two feet from the house. Conditions of Approval: 1. The interior of the shed shall be sheetrocked per the building official (walls and ceiling) to reduce the possibility of having a fire inside the shed transfer to the house. Recommendation: Approval as conditioned. Findings: The proposal meets the intent of the zoning ordinance. Attachments: Application PLA_" . IING ADMINISTRATIVE K �I COMMUNITY DEVELOPMENT DEPARTMENT CITY OF STILLWATER 216 NORTH FOURTH STREET STILLWATER, MN 55082 ACTION REQUESTED Appeal Certificate of Compliance Conditional or Special Use Permit Design Review Permit --se, Unit Development J� Variance Comprehensive Plan Amendment Zoning Amendment Other Engineering Review Fee Total Fee Case No. �,�,l Date: Fes' • Fee Paid: FEE ADDITIONAL ENGINEERING COSTS MAY BE INCLUDED AS PART OF THIS APPLICATION Environmental Review EAW EIS No Special Environmental Assessment Required The applicant shall be responsible for the completeness and accuracy of all forms and supporting material submitted in connection h any application. Address of Project s / A L� + Assessor's P rcel No. Zoning District Description of Project ., ; I ; ;7 ! a h , "I hereby state the foregoing statements and all data, information and evidence submitted herewith in all respects, to the best of my knowledge and belief, .true and correct. I further certify I will comply with the permit if it is granted and used." Property Owner ��//, f% Representative Mailing Address / J 0 �V • q j Mailing Address S4,it ,,, el, /Vr/v ss�� i Telephone No. Telephone No. Signature Signature Any decision made on this p oposal can be appealed within ten calendar days of the date of the action. Lot Size (dimensions) .S—D x 4s'�_sq. ft. Total Floor Area sq. ft. Total Land Area Proposed floor area sq. ft. Hight of Buildings: Stories Feet j Building Coverage sq. ft. Principal Z_. 2— . v'� Paved Impervious Area sq. ft. Accessory Number of off street parking spaces `bate of Public Hearing is JEW Gi PLANNING APPLICATION REVIEW CASE NO. V/95-67 Project Location: 201 Maryknoll Drive Comp. Plan District: One -Family Residential Zoning District: Applicant's Name M David N. Przybylski Type of Application: Variance Project Description: A variance to the accessory building size 320 square feet proposed, 120 square feet allowed. Discussion: The applicant originally asked for a variance to the front yard setback for an attached garage and was denied. He is now requesting a variance for an oversized accessory building. The larger building would allow for needed storage space. The setback request is for clearance at the edge of the deck and the location of an apple tree. If the commission should approve the project city staff recommends the exterior of the shed be compatible with the colors and materials of the house. Attachments: Application IG 25 '95 08:07 TRAVEL MANAGEMENT P.2/3 3-96 WED 10.44 CI4'Y OF STILLWATER FAx N0. 6124390456 P,01 y PLA.rNLY G A,DMIM STRA.TME FORM Case No- • Date; Fee Paid; i Y .DEVELO1PM ENT DEPART1VIl~NT Y OF STYLLWAT'ER RTH VOURTH STREET 1,LWATE11,, MN 55082 ACnON REQUESTED FEE Appeal Certificate of Compliance CondirIonai or Special Use Permit Design Rtevirw Permit ^ _ Planned Unit Development ! variance Comprehensive Plan Amendment Zoning Amendment Other Engineerlag ) .*View Fee Total Feo (AL ENGINEERING COSTS MAY RE INCLUDED AS PART OP'X JM AYPLICA77ON atvl Ravi" SAW EIS' No Special Environmental Assessment Required utt�be tespgnsible for the completeness and accuracy of all farms And supporting tMterial Subrnlaed in eoaaecdon )pI1'eron. . 'Project zl M,44gk-,- , %( C)P, K/ Assessor's Parcel No. strict , , Description of project 9 . , .,El .4 /< X .2, a'P0"cam_ t Ld t A state the foregoing statements and all data, information and evidence submitted herewith in all respects, to the best of my e and belief, tree and correct. I further certify 1 will comply with the permit If it is granted and used." )weer Adress :,? 564 Representative Mailing Address Telephone Alo_ Signature ;ion made on this.proposal can be appealed within ten calendar days of the date of the action. (dimensions) ),'Q x 1 /S sq. &2 ,) q�50,1 igq Total Floor Area, 3 aO aq. & id Area d, __5 N to 4v- _ Proposed floor area -sq. ft. Budding. Storm EW Building Coverage sq. fL Principal paved Impervious Area � Aeeessory Number of off street perking spaces �u�'�cating is POSt-lte FAX Note 7671 Of 1 '� Fram 00JCWPL1 CAL Pt�oa►e �r pt,�,� e ax +� 25 '95 08:07 TRAVEL MANAGEMENT P.3/3" DAVID N. PRZYBYLSKI L 201 Maryknoll Drive Stillwater MN 55082 August 24, 1995 CITY OF STILLWATER Planning Commission/City Council City Hall: 216 North Fourth Stillwater MN 55082 RE: Request for variance to enlarge existing storage building TO WHOM rr MAY CONCERN: This letter is regarding a variance to enlarge an existing storage building on the st line of my property. I applied for a 22' x 24' garage attached to the front of my home and was denied the variance. My proposal now is to buiid a new storage building 16' x 20' on the east (rear) of my property. I am asking to vary the rear set back of IS feet to 5 feet as was recommended by Steve Russel. The reason for placing it as close as possible to the lot line is for clearance at the edge of the deck. Also, because of the apple tree on the north side it would be impossible to go any further to the north with this structure. This building would have a wood floor, not concrete. It would not allow me to expand the living area of my lower level but would give more storage space. Thank you for your consideration. Sincerely, David Nick Prty iski I Lu 1 0D SHEiX CTW ZFLITi LOWER DECK Ih 28"OAK DECK - - - - - - - - - - 5LS ---- - - - - 4a ONE S PRY FRAME 6 CBL RCH G r TRI BIRCH 16'ON GAR oft 9 --77- 12!ASK--. 28"1.IAII EL LT'K PTE. SPRUCE LP_ tO5, P wv 4"N SPLIT RAIL FENCE m MAF6WX SK, EIDL C41 & CONC. C & 6 MARYKNOLL—Q—R.2W BJT. It cper I V Slai PLANNING APPLICATION REVIEW FORM CASE NO.V/95-68 PC Date: September 11, 1995 Project Location: 1408 Riverview Drive Comprehensive Plan District: One Family Residential Zoning District: RA Applicant's Name: Charles and Irene Berg Type of Application: Variance Project Description Variance to rear yard setback for the construction of a main level handicapped bathroom. Discussion The applicant proposes to extend the existing bedroom eight feet `- out on an existing deck. The extension would be to enlarge an existing bathroom to make it handicapped accessible. It is staffs belief the applicant has a large enough site that a handicapped restroom could be placed on first floor without seeking a variance. If the commission should approve the project city staff recommends the project be reviewed by the building inspector to ensure it meets the states handicapped codes. Recommendation Denial Findings: The proposal does not meet the intent of the zoning ordinance. Attachments: PLANNING ADMINISTRATIVE FORM COMMUNITY DEVELOPMENT DEPARTMENT CITY OF STILLWATER 216 NORTH FOURTH STREET STILLWATER, MN 55082 ACTION REQUESTED Appeal Certificate of Compliance Conditional or Special Use Permit Design Review Permit Planned Unit Development V_ Variance Comprehensive Plan Amendment Zoning Amendment Other Engineering Review Fee Total Fee Case No. AVS--b9 Date:Fee Paid:� ADDITIONAL ENGINEERING COSTS MAY BE INCLUDED AS PART OF THIS APPLICATION FEE Environmental Review EAW �— EIS ----� No Special Environmental Assessment Req The applicant shall be responsible for the completeness and accuracy of all forms and supporting material submitted in connection v any application. Address of Project NOV K,y4= P_ 04Ltw V�s P • Assessor's Parcel No. Zoning District Description of Project ! o Ce'.vi(✓cp, �x+�}�tis fz AetA �REc�.:^y :/D irt/�Eii✓v2 SytU.'t•2� fV>o ,*& -4 G9�REP ,r'/i+vl/�U�/YJL'Cf "I hereby state the foregoing statements and all data, information and evidence submitted herewith in all respects, to the best of my knowledge and belief, true and correct. I further certify I will comply with the permit if it is granted and used." Property Owner U-R Mail Address Telephone No. < Signature a 3 Representative _ Mailing Address Telephone No. Signature Any decision made on this proposal can be appealed within ten calendar days of the date of the action. Lot Size (dimensions) 4q� x /3c� $q. ft. Total Floor Area sq. ft. Total Land Area r, —,To y ..[GI Proposed floor area / 09 sq. ft. Hight of Buildings: StQries Feet. Building Coverage sq. ft. Principal _ [_ Paved Impervious Area , GAO sq. ft..? Accessory Number of off street parking spaces bate of Public Hearing is APPLICATION SUBMITTAL REQUIREMENTS For each ox checked elow a handout escribing the application submittal requirements for that planning permit i.s attached. Make sure complete information is provided with the application. 1. 1 1 Appeals 2. F-j Building Moving Permit 3. Certificate of Compliance 4. �-j Conditional or Special Use Permit 5. General Bluffland/Shoreland/Floodplain 6. n Design Permit 7. F-( Grading Permit 8. n Planned Unit Development 9. On -site Sewer Permit 10. F—j Site Alteration Permit 11. Variance 12. j Vegetative Cutting Permit 13. n Zoning Amendment 14. F-1 Comprehensive Plan Amendment 15. F—, Other 1-41 RECORD OF ACTION ON APPLICATION Decision Authority Date of Action Decision by Authority Appeals Period (Date) Appeal Filed (Date) Appeal Scheduled (Date Appeal Decision Authority Appeal Decision Approved Denial (Date) sion °.Complete. _...._.. - :_: ^:...__;._(Date):: Community Develnpment Director f 1 ACTS � L�c1,ea�''�l o q /" AL E �� 1 - - Xrs T i � cYcYc�c i S ��'`� ��' EX i S l Z' � a� c•� G rC-'NG� 1`4� k ewcCos t o4cvz 7rt71/ c s .9�f Rock' 1r� 1,Qo<c-�� Q".1-e �; � w 4,Pf i S /¢`�Z� 7�v1 C �h �' AO...-,U �LT�rlor% w1/( ! N cpfe d�- I- II F- 5,1r,Mcr SiZ,cr Out 1:54 Alt ,)/ VS F %o /ice' G47,s� i r,j 4"lzE('g ,/ s L 2u ,�s, Pc-'-j cl �q`1 �, n� Si fir/ S Wi`l c7,01-11!5 �%5 �X�CNS%ON l c�i G( iQ`!Ow ih !�lO�Eaw^K EN�rt G 14C- OA)Z�l y1?i9� N LEv c:'l �iq>L� Ro,� /`� /4 Ly/� �/9� ��Q��S i2 G-' 1f2E-w. / a V w al fi 4cr L-Co K r R - TS SST - 6/9G /1 �� • Lr/� i 7 � wN � ! 0 � ld�i�h. �vo u �' - 6ic/U vs cf tic— K writ is R 4 Flo Ilcr Vkaw ci /�Nc/ /hj.4" 417- 1-S k/ II t v i 4( 6 c o,✓ 4-4 a- AkezW- 7%,-3 /,,� 1�4EV4� el ,o OR )DL�z o - r �--} Ak CS, Ot C7 R. Aglow V> >' G; o , a -Sb . �.i .� qQPz L b . i 11110 la 74- A AOL, PLANNING APPLICATION REVIEW FORM CASE NO. SUP/95-69 PC Date: September 11, 1995 Project Location: 2356 Van Tassel Drive Comprehensive Plan District: One Family Residential Zoning District: RA Applicant's Name: Michael and Mary Potter Type of Application: Special Use Permit Project Description: A Special Use Permit for a photo supplies and service business out of the residence. Discussion: The applicants are requesting a Special Use Permit to sell products for photo scrapbooks out of their residence. The business is new and there is no sales data available, the goal is to have approximately 50 customers the first year. The applicant is assuming each customer will visit twice a year to purchase products, that would be about 100 visits by customers to the home or about two a week. The driveway can accommodate six vehicles. The applicant stated in the application that there would periodical open houses by invitation only. It is staffs belief that this is a commercial use that is not compatible in a residential area. Should the commission approve the project staff recommends the following conditions of approval: 1. No exterior signage. 2. All cars shall be parked on site. 3. The use permit shall be reviewed by the Planning Commission upon complaint. 4. No employees other then residents of the household. Recommendation: Denial Findings: The proposal does not meet the intent of the zoning ordinance. Attachments: Application �. PLANNING ADMINISTRATIVE FORIM ACTION REQUESTED COMMUNITY DEVELOPMENT DEPARTMENT Appeal CITY OF STILLWATER Certificate of Compliance 216 NORTH FOURTH STREET Conditional or STILLWATER, MN 55082 Special Use Permit Design Review Permit Planned Unit Development Variance Comprehensive Plan Amendment Zoning Amendment Other Engineering Review Fee Total Fee Case No. Date: !j: - 0-, " q 5 Fee Paid: :� FEE ADDITIONAL ENGINEERING COSTS MAY BE INCLUDED AS PART OF THIS APPLICATION Environmental Review EAW EIS No Special Environmental Assessment Required applicant shall be responsible for the completeness and accuracy of all forms and supporting material submitted in connection �..m any application. V Address of Project Zoning District Description of Project Assessor's Parcel No. "I hereby state the foregoing statements and all data, information and evidence submitted herewith in all respects, to the best of my knowledge and belief, true and correct. I further certify I will comply with the permit if it is granted and used." Property Owner Mickad and Maru Patter Mailing Address S36b Van Taos l Dr. S+illwader M4- ,525-1?$Z Telephone No. W(Z) 43q — (1 b9 Representative _ Mailing Address Telephone No. Signature Any decision made on this proposal can be appealed within ten calendar days of the date of the action. Lot Size (dimensions) sq. ft. Total Land Area 14, 7 SO sq + Hight of Buildings: Stories —Feet Principal 2- Accessory Total Floor Area 2-18 Q sq. ft. Proposed floor area 2q $O sq. ft. Building Coverage i7So sq. ft. Paved Impervious Area OS-o sq. ft. Number of off street parking spaces 0 Date of Public Hearing is �en t .e!^ i� 64-o �,k c-- q1 OR August 24, 1995 To Whom it May Concern: This letter is in support of a Home Occupation Use Permit for the home of Michael and Mary Potter at 2356 Van Tassel Drive in Stillwater, MN. The permit is requested for a home -based business, Binding Memories. The remainder of this letter will outline the business and proposed home business use of 2356 Van Tassel Drive. Description of Business, Products and Services Binding Memories is a new business partnership of Martha Blenkush (Golden Valley, MN), Mary Potter (Stillwater, MN), and Jennifer Jackson (Plymouth, W. Binding Memories is being started because of a perceived need for more education and flexibility in photograph archiving for the individual. It offers a comprehensive inventory of needed supplies as well as education. Binding Memories will sell an assortment of photo -safe products used to create creative photo scrapbook albums. Products include acid free paper for photo mounting, polypropylene protectors, custom binders in which to store photo pages, products to assist with cropping and mounting photos, and products to enhance overall creativity of the album. Home Usage Binding Memories is a home -based business. The places of business are the homes of the business partners, Martha Blenkush of Golden Valley, MN; Mary Potter of 2356 Van Tassel Drive, Stillwater, MN 55082; and Jennifer Jackson of Plymouth, MN. Each of the homes will be used for the holding of inventory, as well as the promotion and sale of products. Inventory holdings will be those described above. The products sold will be available for pickup by customers at each of the partners' home offices. Inasmuch as the partners are full-time homemakers caring for two preschool -aged children each, customers must schedule a time to pickup purchased products or to look over available products prior to purchase. Occasionally the home offices will be used to hold an open house to familiarize potential customers with the product and current customers with new techniques for creative photo archiving. While there will be no charge for these open houses, customers would be free to purchase products. Because of the limitations of house size, as well as concurrent family life, these open houses would be by invitation only. While the business is new and so no sales volume data is available, the partners' goal is to have 50 customers at each site during the first year of operation. Assuming that each customer makes 2 visits to the home to make purchases in a year, that would be about 100 visits by customers to the home in a year (an average of 2 visits per week). Home Capacity The home at 2356 Van Tassel Drive has a total living area measuring 2980 square feet. The basement (1072 square feet) is currently unfinished and used for storage. The upstairs (836 square feet) is finished and used for bedrooms. The main floor (1072 square feet) is finished and is for general living activities. It has a living room, formal dining room, kitchen, informal dining area, family room, and a half bathroom. Business will be conducted in the formal dining room. Products will be available for review and purchase in this room. For open houses the remainder of the main floor might be used to varying degrees depending on the number of participants as well as the plans of other family members. Parking The accompanying lot diagram outlines the size and shape of the lot, position of the house on the lot, as well as the dimensions of the paved driveway. The driveway could accommodate 6 vehicles. In addition, there are 3 parking spaces in the garage, however these will be used for family vehicles, not customer parking. Neighborhood Acceptance A petition has been circulated around the neighborhood to those who might potentially be impacted by the business. The business, Binding Memories, was described to the neighbors. Those who felt that there would be no negative impact on the neighborhood by the business were asked to sign a petition. The petition is included with this letter. The response of those petitioned was overwhelmingly of the opinion that the home use of 2356 Van Tassel Drive for the business, Binding Memories, would not produce any foreseeable adverse consequences for the neighborhood. Summary Enclose with this letter are the Planning Administrative Form; a diagram of the lot, house and driveway; and a petition signed by neighbors. If you are in need of any other materials, please contact me as soon as possible. Sincerely, r Mary A. Potter 2356 Van Tassel Drive Stillwater, MN 55082 (612)439-1169 August 20, 1995 To Whom it May Concern: We, the undersigned, are neighbors of Mary Potter who lives at 2356 Van Tassel Drive, Stillwater. She has discussed with us her proposed business which would be conducted out of her home. We do not forsee that the business use of her home would create neighborhood problems. Therefore, we feel that the City of Stillwater should permit her to conduct this business from her home. Signature :IDL�I Name Z312- Address SJ)�-' J� lft%t'G Si ure Name Di vt 16 Address dSia�h- e jUr1�� ►� Name �210 I 2+(lf S--, I-IWa+cr Si Name Address Name '2p / Y&�2L) nL5E.L Address 57 /z-L- Signature fC'h -� Re } er Name August 20, 1995 To Whom it May Concern: We, the undersigned, are neighbors of Mary Potter who lives at 2356 Van Tassel Drive, Stillwater. She has discussed with us her proposed business which would be conducted out of her home. We do not forsee that the business use of her home would create neighborhood problems. Therefore, we feel that the City of Stillwater should permit her to conduct this business from her home. r Connie s. gico, Name _aa65 Van Ta6sel Dr, Address 4 6 Si e TL) dyA m u N p 1w,"7-Z Name mature bSA ► J)CKfy) p9-0�) Name UPw i 0�-! 6 E L Cj Address J.e'0 Name Address 14P�U& �Q� - Si®nature a34�S VaA4TU4&t C-�. Name N EQ540y\ Address EF�fflmill EMMIZAE l� 1, I-N—. August 20, 1995 To Whom it May Concern: We, the undersigned, are neighbors of Mary Potter who lives at 2356 Van Tassel Drive, Stillwater. She has discussed with us her proposed business which would be conducted out of her home. We do not forsee that the business use of her home would create neighborhood problems. Therefore, we feel that the City of Stillwater should permit her to conduct this business from her home. Address 2C ,- Address Sipature /6 � / DGs� Name ,;2,,I�,' ' U� 7� a f\- Address Name OAO Address Simature Sipature Name Name Q l a--) V S% Address Address PLANNING APPLICATION REVIEW FORM CASE NO. SUP/95-72 Planning Commission Date: September 11, 1995 Project Location: 220 East Myrtlef' Comprehensive Plan District: Central Business District Zoning District: CBD Applicant's Name: Mark Balay Type of Application: Special Use Permit Project Description: A Special Use Permit for the rehabilitating the old post office to commercial space with a residence in the attic. Discussion: The request is to rehabilitate the old post office beginning with a small temporary living space on the first floor. This space will be used by the building owner during construction of the third floor permanent residence. The estimated completion date of the third floor construction is the summer of 1996. The first floor will be commercial. A detached double garage will be constructed on the northeast side of the building adding two covered parking spaces to the existing site. Condition of Approval: 1. Project shall be subject to Historical Preservation Committee design review. 2. Access to the existing ten eastern parking spaces shall be reviewed and approved by Director of Community Development when the proposed commercial business on first floor is developed. 3. Trash shall be stored in the building or completely screened from public view by a structure compatible with the materials and colors of the building. 4. The temporary residential use shall meet all building and fire codes. Recommendation: Approval as conditioned. Findings: The proposal meets the intent of the Downtown Design `-- Guidelines. Attachments: Application PLANNING ADMINISTRATIVE FORM COMMUNITY DEVELOPMENT DEPARTMENT CITY OF STILLWATER 216 NORTH FOURTH STREET STILLWATER, MN 55082 ACTION REQUESTED Appeal Certificate of Compliance _ Conditional or Special Use Permit Design Review Permit Planned Unit Development Variance Comprehensive Plan Amendment Zoning Amendment Other Engineering Review Fee Total Fee Case No. 6 U�" 7P" Date: Fee Paid: ADDITIONAL ENGINEERING COSTS MAY BE INCLUDED AS PART OF THIS APPLICATION Environmental Review EAW EIS No Special Environmental Assessment Required FEE / 7e 0,0 ie applicant shall be responsible for the completeness and accuracy of all forms and supporting material submitted in connection any appiication. "I hereby state the foregoing statements and all data, information and evidence submitted herewith in all respects, to the best of my knowledge and belief, true and correct. I further certify I will comply with the permit if it is granted and used." Property Owner ]Zl -`� Representative M,��k S . LAYX2! .h 7-�� Mailing Address iVfailing Address 7Y ACT. Telephone IN"e. _�� = 2�Co i ss��Cv Telcphon:. Signature -/ Signature Any decision made on this proposal can be appealed within ten calendar days of the date of the acti�on. �%ST/l�(o -8Ult�l1J (p Lot Size (dimensions) 30 x 1r�- Q sq. ft. Total Floor Area sq. ft. Total Land Area Proposed floor area sq. ft. Hight of Buildines: tor?es Feet Building Coverage sq. ft. Principal �x/ST11J� Paved Impervious Area sq. ft. Accessory _� JZ_ �l?Q�p v Number of off street parking spaces F3 E k/SntJ C, Date of Public Hearing is MARK S. BALAY ARCHITECTS 226 E. Myrtle St. Stillwater, MN 55082 (612) 430-3312 8/29/95 Susan Fitzgerald City of Stillwater 216 N. Fourth St. Stillwater, MN 55082 Subject: PLANNING OF REHABILITAION OF OLD POST OFFICE. Dear Ms. Fitzgerald: The Old Post Office building at the corner of Second and Myrtle has recently been purchased by David Hurley. He has requested that we begin the process of rehabilitating the structure to commercial space with a residence in the attic, third floor space, for his own occupancy. This will involve extensive work within the building and some items on the exterior which we wish to begin discussions with HPC on: 1) minimal modfications to east and west roof faces 2) modifications to the north roof face 3) addition of a two car detached garage on the site. We request a position on your agenda for discussion purposes only. At that time we will have graphic materials showing the possible alterations. Thanks in advance for your consideration of our materials. Don't hesitate calling if you have any questions or wish further information to be included at our presentation to HPC. Sincerel , Mark S. Balay enc. cc: David Hurley MARK S. BAI AY ARCHITECTS 226 E. Myrtle St. Stillwater, MN 55082 (612) 430-3312 8/30/95 Susan Fitzgerald City of Stillwater 216 N. Fourth St. Stillwater, MN 55082 Subject: SUP application for 220 E. Myrtle St. (former Post Office) Dear Ms. Fitzgerald: Attached is a graphic description of the proposed residential use for this building. Please note that we are requesting permission to build out a temporary first floor living space. This space will be utilized only by the building owner during construction of the third floor permanent residence. All requirements of the building codes will be met in both residential spaces. The anticipated completion date of the third floor construction is the summer of 1996. Thanks in advance for your time in considering this matter. Please don't hesitate calling if you have any questions or require more specific information at our presentation. Sincere , Mark S. Balay enc. cc: David 1-iurley Carole King ' MEDICAL ELECTRONICS CO. 123 NORTH SECOND STREET • STILLWATER, MINNESOTA 55082 September 6, 1995 Stillwater City Hall 216 North Fourth Street Stillwater, MN 55082 Re: Special Use Per it #SUP/95-72 Dear Sir; Regarding the request to turn the Old Post Office into a residential property has my approval. The idea of someone living on the property is likely to insure that the property will be better maintained and serve as a deterrent to crime. Not to mention making ownership of such a difficult �-- property economically feasible. Sincerely, �n Patrick J. Anderson President Phone 612/430-1200 • 800/321-6387 • Fax 612/439-9733 MARK S. BAIAAY ARCHITECTS 226 E. Myrtle St. Stillwater, MN 55082 (612)430-3312 9/8/95 Susan Fitzgerald City of Stillwater 216 N. Fourth St. Stillwater, MN 55082 Subject: SUP application for 220 E. Myrtle St. (former Post Office) Dear Ms. Fitzgerald: Yesterday I accomplished a building walk-thru with George Ness and Al Zepper to discuss the suitability of the temporary occupancy of first floor we requested in our last letter, and code requirements of the residential improvements for the third floor permanent space. They indicated that the temporary occupancy as presented would be acceptable for use by the owner only, and should terminate at the end of July 1996, or upon issuance of a certificate of occupancy for the third floor permanent space, which ever was earlier. They also indicated that the entire building would require a fire sprinkler system in order to issue a certificate of �•- occupancy for the third floor residence. I hope this update will be useful in your cniideration of our SUP request. Sincer , ark S. Balay enc. cc: David Hurley, Carole King, George Ness, Al Zepper PLANNING REVIEW CASE NO. DR/SUP/95-71 HPC MEETING: September 6, 1995 �,-- ROJECT LOCATION: 2200 West Frontage Road COMPREHENSIVE PLAN: Business Park Commercial District ZONING DISTRICT: BP-C APPLICANTS NAME: Rodney L Lindquist TYPE OF APPLICATION: Design review and special use permit PROJECT DESCRIPTION: Design review for Special Use Permit for the construction of a 52-unit motel. DISCUSSION: The request is to construct a 30,058 sq. ft. Country Inn and Suites Motel with 52 units and an indoor swimming pool. The project is in compliance with the use, setback and parking requirements of the zoning ordinances for the Business Park Commercial District. There is no signage on the building and the pylon is 1118" x 817" on a 25' pole. There is parking for 66 cars. The project design was reviewed by the design review committee for West Business Park Plan design guideline review. CONDITIONS OF APPROVAL: 1. The exterior lighting fixture type and location shall be reviewed and approved by the Community Development Director before building permits are issued. 2. The colors of the building shall be green roof, grey siding, dark red shutters and white trim. 3. The trash area shall be completely screened from public view by a structure compatible with the materials and colors of the main building. 4. The pylon sign shall have a split face block planter base and the pole clad with a wood appearing material that is complementary to the beam details of the entryway. 5. The landscaping shall be installed before opening. 6. The grading/drainage and utilities plan shall be approved by the city engineer before building permits are issued. 7. The site plan and construction plans shall be reviewed by the fire chief before building permits are issued. 8. The front (south) elevation of the building shall be modified by adding windows as discussed at the design review committee meeting and approved by the community development director. Additional Information: This item was reviewed by the Design Review Committee at their meeting of September 6, 1995 and conditions added (the above conditions have been modified to address Design Review Committee comments). RECOMMENDATION: Approval as conditioned. `.-FINDINGS: The proposal meets the intent of the Business Park Commercial District ordinance. ATTACHMENTS N S.—,, PLANNING ADMINISTRATIVE FORM COMMUNITY DEVELOPMENT DEPARTMENT CITY OF STILLWATER 216 NORTH FOURTH STREET STILLWATER, MN 55082 ACTION REQUESTED Appeal Certificate of Compliance 'X Conditional or Special Use Permit Design Review Permit Planned Unit Development Variance Comprehensive Plan Amendment Zoning Amendment Other Engineering Review Fee Total Fee 11� .. Case No./�0� Date: Fee Paid: ADDITIONAL ENGINEERING COSTS MAY BE INCLUDED AS PART OF THIS APPLICATION Environmental Review EAW EIS No Special Environmental Assessment Required FEE applicant shall be responsible for the completeness and accuracy of all forms and supporting material submitted in connection firth any application. West Frontage Address of Project Rd. State Hwv36 Assessors ParcelNoSLotFour (4); Block Two (2) Zoning District BP-C Description of Project tiTlwaae �rial Park 52 Unit Lodging Facility wit-b Indoor Pool "I hereby state the foregoing statements and all data, information and evidence submitted herewith in all respects, to the best of my knowledge and belief, .true and correct. I further certify I will comply with the permit if it is granted and used." Property Owner E.T.C. Enterprises, Inc. MailingAddress110 S. 2nd Street, Ste 300 Wait MN 3-8-7. Telep one No. ( 61 2 - 5-JKZ— Si gnatur Representative Rodney L. Lindquist Mailing Address Same Tele hone No. Sa Signatu Any decision made on this proposal can be appealed within ten calendar days of the date of the action. Lot Size (dimensions) 2 0 0 x 3 9 9 sq. ft. Total Floor Area 3 0, 0 5 8 sq. ft. Total Land Area 7 5, 0 0 0 ± Proposed floor area 3 0, 0 5 8 sq. ft. Hight of Buildings: Stories Feet Building Coverage 16 , 3 0 2 sq. ft. Principal 2 3 5' 1 0" Paved Impervious Area 2 4, 0 4 8 sq. ft. Accessory 1 10, Number of off street parking spaces 66 Date of Public Hearing is DEVELOPMENT CO. R DIVISION OF E.T.C. ENTERPRISES, INC. August 24, 1995 Stephen S. Russell City of Stillwater 216 North 4th Street Stillwater, MN 55082 Dear Mr. Russell: Please find enclosed the application and submittal requirements for a special use permit. This is for the construction of a 52 unit Country Inn & Suites By Carlson along the west frontage road adjacent to State Highway 36 in the City of Stillwater, Minnesota. The proposed Country Inn & Suites will provide the market place with an upscale limited service lodging facility that will provide the Stillwater market area with a room rate structure and contemporary amenities that currently do not exist. The project, as presented, is in compliance with all zoning requirements pertaining to setbacks and off street parking. You will also note on the site plan, that we have included and provided for an attractive landscaping plan that will be consistent with and compliment the new developed area of the Target and Cub Foods location. The project will benefit the surrounding area as it will provide an attractive addition to an already fast growing commercial area. It will also contribute to the economic base by employing 15 to 18 individuals, full and part time, as well as generate increased tax base. Additionally, guests of the new Country Inn & Suites will patronize other Stillwater businesses for needs other than lodging, such as food, gas, gifts, clothing, etc. It is estimated for every dollar spent on lodging, an equal amount is injected into the local economy. I trust this application and the supporting information enclosed herewith will hold up to your expectations for us to receive the necessary approvals to move forward with this project. As of this date, the architect and construction manager have had meetings with your staff so this application can be as complete as you require. 110 SO. 2NO ST. SUITE 214 - WAITE PARK, MINNESOTA 56387 9 (612) 240-05679 FAX (612) 240-0549 If for any reason there has been an oversight on our part, please advise us immediately as we will L respond accordingly. It is important for us to have the necessary approvals in order for construction to begin the first part of October. Thank you for your consideration. We look forward with great optimism to being a part of your community. Sincerely, E.T.C. ENTERPRISES, INC. ney L. dquist CEO/CFO RLL/tjh Enclosures 2 L PLANNING ADMINISTRATIVE FORM COMMUNITY DEVELOPMENT DEPARTMENT CITY OF STILLWATER 216 NORTH FOURTH STREET STILLWATER, MN 55082 Case No. Date: Fee Paid: ACTION REQUESTED FEE Appeal Certificate of Compliance �- Conditional or Special Use Permit Design Review Permit Planned Unit Development Variance Comprehensive Plan Amendment Zoning Amendment Other Engineering Review Fee Total Fee ADDITIONAL ENGINEERING COSTS MAY BE INCLUDED AS PART OF THIS APPLICATION Environmental Review EAW EIS No Special Environmental Assessment Required applicant shall be responsible for the completeness and accuracy of all forms and supporting material submitted in connection '.rth any application. Address of Project West Frontage Rd. State Iiwv36 Assessor's Parcel NoSLot Four (4) . Block Two (2 ) Zoning District BP—C Description of Project 52 Unit Lodging Facility with Indoor Pool "I hereby state the foregoing statements and all data, information and evidence submitted herewith in all respects, to the best of my knowledge and belief, .true and correct. I further certify I will comply with the permit if it is granted and used." Property Owner E.T.C. Enterprises, Inc. MailingAddress110 S. 2nd Street, Ste 300 Wait MN 3B.7 Telep one No. ( 61 2 — 5 Signatur Representative Rodney L. Lindquist Mailing Address Same Tele hone No. Sa Signatur Any decision made on this proposal can be appealed within ten calendar days of the date of the action. Lot Size (dimensions) 200 x 399 sq. ft. Total Floor Area 30, 058 sq. ft. Total Land Area 7 5, 0 0 0 ± Proposed floor area 3 0, 0 5 8 sq. ft. Hight of Buildings: Stories Feet Building Coverage 16 , 3 0 2 sq. ft. Principal 2 3 5 ' 10 " Paved Impervious Area 2 4 , 0 4 8 sq. ft. Accessory 1 1 0 ' Number of off street parking spaces 66 Date of Public Hearing is APPLICATION SUBMITTAL REQUIREMENTS 1. Application form - completed and signed. 2. $ 70.00 deposit (fee is based on staff *time processing -application and ' cost of mailing notices to property owners within three hundred feet. Make check payable to the City of Stillwater. 3. Letter to Planning Commission/City Council describing the use in detail and giving reasons why this application should be granted. Information should include the nature of the use, type of operation (business), potential traffic generation, parking locations, why the -project will benefit or not adversely affect the surrounding neighborhood, and any other pertinent data. 4. Site photographs showing topography, vegetation and landscaping, existing and adjacent structures. (10 copies) 5. Site plan and diagrams. Plans must be clear, fully dimensioned and scaled as necessary but combine data when possible. (10 copies) X (a) Exterior boundary lines of the property indicating easements, dimensions and lot size. (A survey may be required.) X (b) Label all adjacent streets or rights -of -way. X (c) Location, elevation, size, height: dimensions, materials and proposed use of all buildings and structures (including walls, fences, signs, lighting and hooding devices) existing and intended to be on the site. X (d) Distances between all structures and between all property lines or easements and structures. X (e) Any nearby buildings which are relevant to this application. X (f) All existing trees on the site, giving type and location and any other significant plant material. X (g) Any existing significant natural features such as rock outcroppings or water courses. X (h) Location, number of spaces, and dimensions of off-street parking spaces, loading docks and maneuvering areas. X (i) Pedestrian, vehicular, and service points of ingress and egress; driveway widths, and distances between driveways. X (j) Proposed landscaping; include quantity, location, varieties and container size. X (k) Proposed grading plan (for sizes having over 5-foot grade differential) showing direction and path of drainage on, through, and off the site; indicate any proposed drainage channels or facilities. X (1) Required and existing street dedications and improvements such as sidewalks, curbing and pavement. X (m) Other such data as may be required to permit the Planning Commission to make the required findings for approval of the specific type of application. X (n) Note scale (Scale = 1 inch = 20 feet) and North arrow on plan. X (o) Vicinity map indicating nearby cross streets in relation to site (need not be to scale). X (p) Submission date August 24, 1995 6. 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