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Home My WebLink About1990-04-04 CPC PacketSlillwater THE BIRTHPLACE OF MINNESOTA April 4, 1990 THE STILLWATER PLANNING COMMISSION WILL MEET ON MONDAY APRIL 9, 1990 AT 7:00 P.M. IN THE COUNCIL CHAMBERS OF CITY HALL, 216 N . AGENDA Approval of Minutes - March 12, 1990 PUBLIC HEARINGS: 1. CASE NO. DR/90-1 - Design Review Permit for the renovation of a storefront at Sherburne s Jewelry store at 210 South Main Street in the CBD, Central Business District. Sherburne's Jewelry, Applicant. 2. CASE NO. SUP/90-17 - Special Use Permit to conduct small group tours, small business meetings, and small weddings at the William Sauntry Bed and Breakfast, 626 North Fourth Street, in the RB, Two Family Residential District. Duane and Martha Hubbs, Applicants. 3. CASE NO. V/90--19 - Variance to the frontyard setback requirements (twenty eve feet requested, thirty feet required) for the construction of a garage addition at 1124 Parkwood Lane in the RA, Single Family Residential District. Dave Widmyer, Applicant. 4. CASE NO. SV/90-21 - A street vacation for the east portion of Holcombe Street between Ramsey and Myrtle Streets in the RB, Two Family Residential District. Ande and Muriel Hassis, Applicants. 5. Other items: - Presentation of Downtown Capital Facilities Program. CITY HALL: 216 NORTH FOURTH STILLWATER, MINNESOTA 55082 PHONE: 612-439-6121 STILL_WATER PLANNING COMMISSION MINUTES DATE_: MARCH 12, 1990 TIME: 7 PM MEMBERS PRESENT: Gerald Fontaine, Chairman Glenna Bealka Warren Rakulsi Angela Anderson Robb Hamlin Jay D. Kimble Steve Russell, Community Development Director MEMBERS ABSENT: Don Va1svik Chairman Fontaine called the meeting to order. APPROVAL OF MINUTES Motion by Judy Curtis, seconded by Angela Andersen to approve the minutes of the meeting of February 12, 1990. All in favor, approved. PUBLIC HEARINGS --------------- CASE NO. V/90-9-Variance to the sideyard setback requirements for the conversion of a garage into living space at 406 South Hemlock Street in the RA, Single Family Residential District. Virgil Crowder, Applicant. Applicant explained the variance request was due to the fact that the living quarters would be used as a family room. The sideyard requirements is ten feet and a variance is needed. The neighbor on the South is approximately twelve feet from the property resulting in a seventeen foot separation between structures. A new garage will be constructed in the rear yard with access off Oak. Street. The placement of the new garage is easily accessible off Oak Street. Discussion followed, with emphasis on the fact that the structure is already existing. Applicant agrees to the conditions of approval as stated. No audience comment. Judy Curtis motion to approve the variance subject to conditions as stated. Seconded by Angela Anderson. Unamimously approved. Planning Commission March 1ti, 1990 CASE_NO_ DP/V/2Q_12-Design Permit and Variance to the Sign Ordinance of the placement of a forty five square font banner sign are the Old Post Office Building at 220 East Myrtle Street in the CBD, Central Business District. Tom Schweitz, Applicant. Applicant, Tom Scheitz, presented the request to the Sign Variance to members, emphasizing the fact that people do not notice the business without adequate signage. Discussion followed on the type, size, and color of the sign to be used. Robb Hamlin requested that the sign be adequately secured to the building. Jean Schweitz questioned condition of approval number two, since there were other signs placed on the sidewalk by other businesses. Steve Russell, Community Development Director, clarified the fact that the sidewalk signs are illegal and are not allowed. Councilman Kimble agreed that the signs impede foot traffic and the City does not want that type of liability. No audience comment. Russell recommended approval based on the addition to the conditions of approval that the sign would be securely attached to the building. Robb Hamlin motion to approve the variance subject to the conditions of approval, including a new prevision number four that the sign would be securely attached to the building. Angela Andersen, seconded. Unanimously approved. CASE_NO__SUF'/9C�_ 1 -R Special Use Permit to conduct an over--the-telephone service business at 1405 South Sixth Street in the RED , Two Family Residential District. Jeffrey H. Skinner, Applicant. Jeffrey Skinner, applicant presented the request to the Commission, and explained his plans for the business which will consist of washing commercial and residential windows. No audience comment. Motion to approve with conditions of approval by Judy Curtis. Seconded by Jay Kimble. Unanimously approved. CASE NO V/9��-13-A variance to the front and rear setback. --------------- requirements for the construction of a home at 322 West Hickory Street in the RED, Two Family Resideetial District. Greg Holmquist, Applicant. '" Planning Commission March 12, 1990 Case No. V/90-1.3 (continued) Russell presented a letter from the owner � �f the adjacent property, Margaret Carlson of .316 W. Hickory. The letter expressed disapproval of the seven fort variance, asking consideration for more than seven feet. Applicant expressed the desire to preserve the existing trees and to build the best house for the available funds. The members reviewed the house plans and discussed the possibility of building the house to fit the existing lot size. Margaret Carlson, and son, discussed further d i ssapprova 1, stating the existing trees were not a viable concern. Herman Duckworth, neighbor one block away, stated the variance was too extreme and the City should adhere to the building codes. Gerald Fontaine considered the case to be a hardship case due to costs, but to respect the neighbors a minimum variance of ten feet was reasonable. Robb Hamlin stated the right of the neighbors should take precedence over parking considerations and the neighbors should not absorb the entire considerations. When questioned by Shirley Duckworth, neighbor, about the for sale sign in the yard, applicant stated that financial considerations were a major problem and the lot may still have to be sold. Rabb Hamlin suggested amending the conditions of approval to a rearyard setback of ten feet, with a front yard set -back of fourteen feet. Discussion followed on drainage of the site, setbacks, alternative plans, and the surrounding homes in the area. Rabb Hamlin motion to approve subject to the conditions of approval plus the addition of the ten foot sideyard and 14 foot front yard conditions. Glenna Bea l ka seconded. . Unanimously approved. CASE_ND__V/9C�_14-Variance to the Parking Ordinance for a 6,482 square foot office building at 201 North Second Street in the CBD, Central Business District. George Spevacek, Opus Corporation, Applicant. On behalf of West Publishing Company, who purchased Conco Shoe building, George Spevacek presented the request for the parking variance to members. West Publishing Co. would be occupying the building and agree to the conditions of approval as stated. The company would be open between the hours of 7 AM and 11 PM. The majority of the employees work between 8 AM and 12 noon. Planning Commission March 12, 1990 CASE No. V/90-14 (continued) Russell explained the parking demand of the use is being moved from a heavy demand area, South Main Street, to a this South Second St eet location. Members agreed that the parking was lighter in this area. Motion to approve subject to conditions by Councilman Kimble, was seconded by Warren Pakulski. Unanimously approved. 989E-NO__V/9Q=15-Variance to the parking ordinance for expansion of a restaurant/take-out business at 826 South Fourth Street in the CA, General Commercial District. Donald Istel, Applicant. Russell stated the owner had contacted him and that the owner was not aware of the exact plans and would prefer that the commission wait until a later date for approval. Further, that without owner approval, the City cannot approve the variance. Discussion followed with audience comment on the number of parking spaces and demand for existing parking. Applicant explained the seating would allow for a maximum of 16 people and that there would be less people at any given time. Mr. Ranum, 20 S. 4th Street, expressed concerns over enforcement of residential parking and stated the residential only parking sign on his block was not enforced. Parking permits were suggested as a means of restricting parking in front of his four-plex, to enable convenient parking for his tenants. The winter parking does not pose a problem to the tenants, since there is no enforcement. Robb Hamlin questioned the residential parking restriction, since every citizen is a resident. Hamlin further emphasized the added costs to the City when the winter snow ordinance is violated. Adjacent neighbor, Carl DuRue, expressed concerns over the offensive odors radiating from the exhaust vent of the restaurant. Discussion followed on the solution to the odors. Applicant expressed the desire to locate an exhaust vent on the roof to remedy the problem. Following lengthy discussion two conditions were added as follows: 1. Approval contingent upon written approval by the owner 2. Relocating the exhaust vent 3. All nondelivery restaurant employees would park in the rear lot. Motion to approve subject to conditions, by Robb Hamlin. Seconded by Warren Pakulski. Unanimously approved. Planning Commission March 12, 1990 CASE NO. V/9C�-16-Variance to the Subdivision Ordinance for the ---------------- placement of a driveway over public property, and unimproved road, at Hazel and Third Streets in the RA, Single Family Residential District. Don Raker, Steve Erban, and Joe Gould, Applicants. Applicant, Joe Raker, presented the request for a variance to members and explained the proposed parcels of property. The location � �f the access road and future maintenance was discussed. Russell told members that the road was a historic landmark in the area. Also, the road was on City property, but not on the right-of-way, which meant the road was not maintained in the winter months. The City would require the read to be in a condition of minimum standards, with a gravel base and a two inch mat, and would maintain the read thereafter. Bill Hubbard, owner of one of the lots, explained a prior petition to vacate Willow Street and passible use of his property. Discussion followed on maintenance, amount of traffic, access to properties, the small bridge which needed to be removed, pavement of the road, and driveways. Rabb Hamlin motion to approve subject to conditions of approval as written. Seconded by Warren Pakulski. Unanimously approved. 969E-NO__PUD/88_71-PUD Amendment for parking lot location for the Wash i nt on County Government Center office expansion at 14900 North 61st Street in the RA, Single Family Residential District. Washington County, Applicant. Fred Shank, Architect RWRR, and Lyle Doerr, Facilities Director of Washington County, gave a brief description of the site plan. Question and answers followed . Robb Hamlin expressed disapproval over the size � �f the facility in a residential area. Further, that the facility is oversized for the area and decentralized facilities might be an option. Dave Rhinehart, property owner, expressed strong dissapproval of the size of the facility, the landscape barriers, and the overall process of the design and implementation of the new facility with a lack of concern for the adjacent property owners. Lengthy discussion followed on landscape needs for adjacent property owners and the future landscaping plans. Landscaping plans will be reviewed by the Planning Commision at a later date. Fred Shank emphasized the concerns of the County Board for the residents, along with the costs involved in the new facility. Motion by Angela Anderson to approve, seconded by Judy Curtis. Robb Hamlin Opposed. Approved. Planning Commission March 12, 1990 OTHER ITEMS Case No. SUp/89-31- A Special Use Permit review to locate a portable trailer ticket booth for the Minnesota Transportation Museum train ride attractions at the North end of Hooley' s parking lot in the CBD, Central Business District and the Flood Plain/Bluffland/Shoreland District. Aaron Issacs, Applicant. Judy Curtis led the discussion on safety and the location of the portable toilets. Robb Hamlin discussed the square footage of the signage and enforcement of the sign ordinance. Motion by Robb Hamlin to approve the Special Use permit with review each year. Seconded by Warren Rakulski. Unanimously approved. RESOLUTION Review of proposed modified development program (TIF) for scattered site district. Russell recommended approval of the development district modification as consistent with the City of Stillwater Comprehensive plan (Resolution). Motion to approve the resolution as stated by Warren pakulsk i, seconded by Judy Curtis. Unanimously approved. Motion to adjourn at 10: 15 PM, by Judy Curtis. Seconded by Robb Hamlin. Unanimous. DESIGN REVIEW APPLICATION CASE NO. DR/90-2 Planning Commission Meeting: April 9, 1990 Project Location: 210 South Main Street Comprehensive Plan District: Central Business District Zoning District: CBD Applicant's Name: Jeff Sherburne Type of Application: Design Review Project Description: A D seA ign Review Permit for the renovation of a storefront at 210 South Main Street. DISCUSSION: The request is to make changes to the facade at 210 South Main Street, Sherburne Jewelry Store. The changes to the building are minor but will change the character of the storefront. The changes to the facade consist of moving the South column approximately two to three feet South to the corner, which in turn, refines the existing entryway on the South to a window area then replicating the column for placement on the North corner as shown on the site plan. Another change will be the bottom sill height from approximately eighteen inches to forty inches. The store owner feels that the raised sill height will help define the space for the presentation of jewelry. The forty foot kneewall will then be overlayed in brick which will match the existing brick on the building. Main Street is dirty from the traffic and this will be easy to maintain. No other changes to the building will be made. DESIGN REVIEW RECOMMENDATION: The Design Review Committee reviewed the request on April 2, 1990. There were two recommendations on this proposal which include: 1. Moving the existing South column two to three feet North instead of South. The columns hold up the facade so there was a structural concern about moving them. Also, by moving this column North, a replicated column would not have to be made. 2. The Committee does not recommend raising the sill height. Lower sill heights and large windows are historically correct on this facade. Smaller windows are not in proportion with the original intent of this storefront. Design Review recommendation is to leave the eighteen inch sill definition, then fill in that additional space with dark colored glass to the forty inch sill level. This would correctly define the window and still allow the presentation area for jewelry to remain at eye level. From a distance, the large window would be defined. Also a brick kneewall is not consistent with the historic integrity of the building. ATTACHMENT: Plans. Yl Tc, .1 C .71 :Pw r _41 4=1 _7T I L f L J I j r FlI. I 41 2?tmaL:m 4- L--tt4 4:4 PLANNING APPLICATION REVIEW CASE NO. SUP/90-17 Planning Commission Meeting: April 9, 1990 Project Location: 626 Nortn Fourth Street Comprehensive Plan District: Two Family Zoning District: RB Applicant's Name: Duane and Martha Hubbs Type of Application: Special Use Permit Project Description: A pe�cia1_Use Permft to conduct small group tours, small business meetings, and small meetings at the William Sauntry Bed and Breakfast. Discussion: The request is to conduct small group house tours, small business meetings, and small weddings at the William Sauntry Bed and Breakfast. The Hubbs were granted a Special Use Permit on November 13, 1989 to conduct a five bedroom Bed and Breakfast at this location. This request is to allow additional uses of this large, historically restored structure. The first level of this home contains over 2,000 square feet of usable floor space for group gatherings. This area can accommodate a 75 person occupant load. The applicants have stated that their 3/4 acre lot can accommodate approximately 20 vehicles. This would not provide enough space for larger functions at the home. However, Maple Street could accommodate overflow on -street parking. CONDITIONS FOR SPECIAL EVENTS 1. A maximum of six special events (large functions defined as bridal and wedding showers, anniversaries, weddings and wedding receptions, and church functions) over twenty persons allowed per month. 2. All special event visitors shall park on site or on Maple Street on the residence side of the street. 3. Limit of groups: 75 capacity as approved unless special approval is obtained from the City Council. 4. Food must be served by a licensed caterer. 5. All special events shall be over by 9:00 P.M. 6. No open bar on premises for special events. Champagne is allowed on a two person/one bottle limit. 7. All events shall be contained within the structure. 8. No outside entertainment or lighting for special events is allowed. 9. No persons to leave premises of the Inn with alcohol. 10. No live entertainment or loud reproduced music. 11. Innkeepers must be present and visible at all special events. 12. This permit shall be reviewed one year from this approval (April 1, 1990) or upon complaint. RECOMMENDATION: Approval. FINDINGS: The proposed use will not be injurious to the neighborhood or otherwise detrimental to the public welfare and will be in harmony with the general purpose of this ordinance. ATTACHMENTS: Site Plan - Application Form - Memo from Fire Department. PAC 100 Casa Number U'?/u_:_/7 Pee Paid_-� Date Filed PLANNING ADMINIS T ZAT IVE FORM Street Location of Property. -626^North Fourth Street ----------------- Legal Description of Property; --_--_--_______________________________- Owner: Name ---- DUANE AND MARTHA HUBSS Address 626 -No- . -Fourth-St----------__----------- Phone:-4-------30-2895------ Applicant (if other than owner): Name ----------------------- -------- Address ------------------------------ Phone: ---___- ---_-- Type of Request:- ___ Rezoning ___ Approval of Preliminary Plat xx_ Special Use Permit ___ Approval of Final Plat ___ Variance _ Other ------------------- Description of Request: ,.,_,Small -group tours_/_Small Busi'ness_Meetings / Small Weddings. -------------------------------------- Signature of Applicant: Date of Public Hearing: ---------------------------------------------- NOTE: Sketch of proposed property and structure to be drawn,on back--•o #iz5,- o m, or at- tached, showing the following: '4 L\Z 1. North direction. 2. Location of proposed structure on lot.: 3. Dimensions of front and side set -backs. y'k 4. Dimensions of proposed structure.-► "" ~' �, 5. Street names. 6. Location of adjacent existing buildings. ,. 7. Other information as may be requested. Approved ___ Denied.--- by the'Planning Commission on ----------- (date) subject to the following conditions: _-_____ ------------------------------------------------------------------ Approved ___ Denied ___ by the Council on ---------------- subject to the following conditions: -_____ '_-_-____-_--_____-_--__________________-- Comments. (Use other side), iAjk F) St DAVID MAWHORTER PUBLIC SAFETY DIRECTOR POLICE CHIEF THE BIRTHPLACE OF MINNESOTA DEPARTMENT OF PUBLIC SAFETY DIVISION OF FIRE TO: Ann Pung-Terwedo 7 J FR: Gordon Seim, Fire Chief DA: 4-4-90 RE: Special Use Permit, 626 North Fourth Street ,R A GORDON SEIM FIRE CHIEF In response to your memo concerning number of occupants on the first floor at 626 North Fourth Street for the purpose of tours, weddings and meetings. Based on the figures provided me, we have no problems with the 75 occupant first floor load. 212 North Fourth Street, Stillwater, Minnesota 55082 Police Phone: 612-439-1314 or 612-439-1336 Fo<<.i 2001 Disk STw, Fire Phone: 612-439-6120 r The home is in the final stages of a two-year, historically correct restoration which meets the Secretary of Interior's standards and whose plans were reviewed and accepted by the Minnesota State Historical Society. This 8,000 square foot home, located on almost 3/4 of -an acre is complete with off street parking for over twenty vehicles. PLANNING APPLICATION REVIEW CASE NO. V/90-19 Planning Commission Meeting: April 9, 1990 Project Location: 1124 Parkwood Lane Comprehensive Plan District: Single Family Zoning District: RA Applicant's Name: Dave Widmyer Type of Application: Variance PROJECT DESCRIPTION: A variance to the rontyard setback requirements (twenty five feet requested, thirty feet required) for the construction of a garage addition. DISCUSSION: The request is to construct a twelve foot by twenty foot garage addition to the front of a home. A thirty foot setback is required, a twenty five foot setback is requested. The applicant's would then convert the back half of the existing garage (12'x2O') into a family room. Due to the existing setback, (all are at the minimum setback allowed), this addition is the most feasible. The applicant's also believe that the stated location for a family room will function very well with the existing living space of the home. CONDITIONS OF APPROVAL: 1. The roof drainage from the garage shall remain on the site. RECOMMENDATION: Approval. FINDINGS: For reasons stated, the granting of the variance is reasonable use of the home and this is the minimum variance that will accomplish this. ATTACHMENTS: - Site Plan - Preliminary Building Plan. . Ccsa Number _ �7 U - _ Fee Pcid _•,•A Dc.a Filled PLANNING ADMINI-Si RAT IVE FCRjV, S;reet Lccctisn of Pre; er;y: --�1� ---lf ' � ------ I�N----------------- Let.! Descriaticn of _ o�- /--- --- 5__,�2 CWncr: 1 JJ111L i•=--_- �+DM1 E�---_----•_. •_-----_-•----_-__----,_- -- Ap'pllccnt (if other tl;cn cwner): Nc,:,e _ L LL----W-1AM d• __LLif-4 ----- Phone: _ 1ZZ 0-7 0� _ Tyne c Recuest:• ___ Rez-oninc ___ ApprovcI of Prelimincrj plc: ; Special Use Penmit ___ Approval of Enci Plct , _ Var;cnce --- CMar-------- -------------------------------------- Sicncture af Appliccnt: Data o; Public H e c r i n c:--------------------------------------------- • .. NOT-E. Sketc1h of proposed prooer*7 and stac:ure to be ''�.,� • taG.2d, s;.aWing t. 2 SOlIOWIny: I. North dir eCt On. 2 Location of proaosed structure on Iot. `` s'� ►l 3. D i .:ensions or wont and side sat-oac:;s.`.40 4 Dimensions of pranosad structure. • 5. Street names `� ,"� �,��s•, ' � _ 6. Location a� ad•;ac_ t etiistiag buildi.-:gs. 7. Other in:or adoa as may be requested. y`% Approved ___ Dcnied ___ by lho'Plcnning Commission on ___________ (dcta) sublet: to the following conditicns:____________________________�____ Approved ___ Denied by the Council on L -►'allowing conditions: �� __ :._:._----------- - ------------.___-� _.�-..�__..------------ -_-- Comments: (Use outer PLANNING APPLICATION REVIEW CASE NO. SV/90-21 Planning Commission Meeting: April 9, 1990 Project Location: South Holcombe Street, West of South Sixth Street and Nortn of Ramsey Street. Zoning District: RB, RCM Petitioner's Name: Ande and Muriel Hassis (122 South Sixth Street) Type of Application: Street Vacation PROJECT DESCRIPTION: The request is to vacate a portion of South Holcombe Street. DISCUSSION: e request is to vacate a 100'x30' portion of South Holcombe Street, North of Ramsey Street. (See attached map.) Holcombe Street is improved to approximately the South line of Lot #5. A house is located on Lot #5, 122 South Holcombe Street. Access to the residence is provided off of Holcombe. If the street were vacated as proposed, the residence would be without access. A portion of the area requested to be vacated (to the South boundary of Lot #5) could be vacated. This would not address the garage encroachment situation. RECOMMENDATION: Vacation of Holcombe Street from the South boundary of APN 11221-5050 to the North boundary of APN 11221-5200. ATTACHMENT: - Petition for vacation. .J Y d 1 t k + a�r' y' •=4f IN is d •• +':'�� _ _ - Wit•'- J'ri=A:: oil-%' - f:. _ Ly r T" Y�- l" ..F t r" .l r [• r1- �s • "i•V•IfY 4' 32o -zzov i— � n . /12 -- •� 3ho.6i. � - , l - 11221 :-:-11221-_ Soso" -932/." q b �000 -/00M1 �5o �. 7- x - . ffAK: " _ ' • ��" nj '• ••� •-?:'�-r_•+ titer. ? :F• ' . `.}•,tiA zy!.:a.�' �-r�� %.:r'." .}. a•K;�i=.per.;-....k. Y'�i wrtiiC.}.+�'i�. :•>' .4 �;{; �•ti _ - .;r:. 'jn .+:',� '.�., p:: - _!ur__,d�; .:::.' S_,_` _ .i Ys3�."•.• �.. �•. : - i7- -. �.;:. b •{.��... i:: i�.., :.r.�.- ti�`'•:°}a��. ra'.. !'. 7r� w �• f �.[�.r iC� �'1's�r�i s. - `.. �� e.., j:y :. _ «�i : � �; 'Yt;S-riY��i... ,�7.. ,�� ^ry `�?{i 4 }''fit i:s.:51��stl��:�:;k:'5_ •�i;-,i •.ti 21. �`t '�� - - - •" �"'k. t+; �" ";ak��, .Ir- . �. . r,.,;, `'i:r::�;,..�,::�-�'s�'-�rx "� � :'x r, ..i-� �,� 'r�.r� : � ' :� �::��-�'�-50,.��;r,5��?•Di�•µ� •°».�;••�`�:� •�.�' a •, '�aa�-'.3LJ0�= �� rJ, ��>~'t�. � �•w� �5'�7h•,;.�•... �: >• y .. - .�yr d.1 iwn —r .�ft `,7Iy - ;t.[.'-. •xw.�•r e"` .�yp+,`p ;•� .Y. _ � {;j�', • •�.. '~x'7�i•i`x'•v'".�+rL;`q`-+f� .:'ly?'.�P•'-'x"",. 4i-�[,A Q��r�f Mp ,��5r=^`.`3�- l 0 •r'" ~ .;4= xy :" `•• �.z..i6L .�,.�'.: .. ... i..•" �' ..i-i ��"�r '�11,'•�:^.. :4%.'w-\1Ne.L-�-%•i ,'i.:: ...�•.'1•:-_.�'+:- N: /• � �- Z•.Y.�•ww .�-} ..r.ti " PETITION OF ANDE HASSIS AND MURIEL HASSIS, HUSBAND AND WIFE FOR THE VACATION OF A CERTAIN UNOPENED STREET TO: THE CITY COUNCIL OF CITY OF STILLWATER, WASHINGTON COUNTY, STATE OF MINNESOTA. The Petitioners, ANDE HASSIS and MURIEL HASSIS, husband and wife; (hereinafter referred to, collectively, as "Petitioners") state and represent: 1. Petitioners hereby request vacation of that certain unopened public street in the City of Stillwater, Washington County, Minnesota, known as Holcombe Street, described as follows: That part of unimproved Holcombe Street lying south of the North line of Lot Five (5), Block Nine (9) of Mowers 2nd Addition extended eastward to the East line of Holcombe Street and lying north of the South line of Lot Seven (7), Block Nine (9) of Mowers 2nd Addition extended eastward to the East line of Holcombe Street. (hereinafter called the "Subject Street"). 2. The Petitioners own a portion of the land abutting the Subject Street. 3. Said portion of the Subject Street as it is platted is not used by surrounding land owners for ingress or egress, and at this time the Petitioner's concrete and wood garage encroaches onto North Holcombe Street as shown in the Certificate of Survey attached hereto and incorporated herein by reference as Exhibit "A". 4. The vacation of the Subject Street is in the best interest of the public. WHEREFORE, Petitioners pray for a resolution of the City Council ordering the vacation -of the Subject Street after notice and hearing pursuant to the provisions of Section 412.851 of the Minnesota Statutes. Dated: v Tracey A. lowitz, (17 ) for LAWSON, . L,EIGH, MARSHIA & MCDONALD, P.A. Attorneys for Petitioners 3880 Laverne Avenue North Lake Elmo, Minnesota 55042 Telephone: (612) 777-6960 -2- EXHIBIT A BRUCE A. FOLZ & ASSOCIATES LAND SURVEYING LAND PLANNING . 550 NORTHWESTERN AVENUE CERTIFICATE STILLWATER, MN. 5082 (612) 439•8937 HE CC T Tf 1 HEREBY CERTIFY THAT THIS DRAWING IS A CORRECT REPRESENTATION T SURVEY GROUNIO AS SHOWN SURVEYNDTHAIS LL SURVEVMOR TPLAN WAS PR EPAREDHAVE BEENEBY IMETOR .LL UNDER MY DIRECT SUPERVISION AND I AM A DULY REGISTERED LAND SUAVIIYOR UNDER THE LAWS OF TH'; STATE OF MINN ESOTA. Cenia, BRUCE A. FOL2 MINN. REG. NO. 9237 DATE /V—m line_ SW4, 5-2R� 3a.Qp 5 Ccrncr (1 'rN0 j_PStlN, PARKER S}onc MOnkmen�.� Arno OwERS SECOND 1 SCALE: ADDIT/oN CWi}ness monkme.rLl\C J. Iln3r•zo tier to cc.nicr o-F Scci UA d V', lz 13" I I +Jns _ i�fc05 V' V_��aE � dvv✓G ,' �,• 4�N O flee Ifor{A � n r. to{ sr ilk. 9, I 5'D s 5 � ✓� �• „ � � 7ilAMPjoJV, PrPRX,E]l• HJow�/{S S,EcO,v4 iivp/7".r+n' rp J r'`- g N .11 -ra seer-,e. wa rsR I'., i LIJ LQT m 1 � r:. I R I CJ �— Tm i C / ;�cvls9 �-. 1 Cp•11 n- e — (� \ INN 1 i v 0•rk ID, lk z _ y a 1 Yi c►WA G.r. ?2 tx W Z IrRje c�,•ci�G�arajE ' y I 01y J I 'ili ox+3 { a +r•1•' z.�' 2 rs (Ne sc.lc..) 'n3/y' l.P;np/a« < r•„• r /^� On 5-146 I1nG V V /Y 2 nn/ east 5 R/ ti}til�neTIlOMP3FN, 5 Nlrl '��}1 1 .1i1'` w /'•K S.6'N+Sr. PAAkER AI+0 MOwcR'7-- SECONO ADDITION i I (•` To STILLWArKR I •�', • `� 'r1 �-S �$}nnc I"lonumenl •F 9E C—cr 714nnos*,4, PA 1Srfre AIND 7'le YVKk'5 -SE[c-4D AUaITFON in ST, �LWATA4 Survey For: O DENOTES 1/2 NCH RON PIPE MONUMENT ANDE HASSIS SET AND MARKED WITH A PLASTIC CAP 122 S. 6TH STREET INSCRilc❑ 'R,L.S. 9232", UNLESS SHOWN STILLWATER, MN 55082 OTHERWISE. DISTANCES SHOWN TO FEET 110. 30, ETCJ ARE EXACT EXTRINSIC VALUES. SEE ATTACHED SHEET FOR LEGAL DESCRIPTION OF RECORD l DOC. NO. 499157 1 BEARINGS ARE ON AN ASSUMED DATUM M DENOTES MEASURED DIMENSION ENCROACHMENT NOTE: R DENOTES RECORD DIMENSION THE 2 STORY FRAME HOUSE IS WITHIN THE LIMITS OF SAID PROPERTY AS SHOWN. THE; CONCRETE AND WOOD GARAGE IS ENCROACHED UNTO NORTH HOLCOMBE STREET AS SHOWN. THE STONE WALL NEAR THE NORTH LINE IS ENCROACHED ONTO PART OF SAD PARCEL AS SHOWN. BRUCE A. FOLZ & ASSOCIATES LAND SURVEYING a LAND PLANNING 1815 NORTHWESTERN AVE. e STILLWATER, MINNESOTA 55082 - (612) 439-8833 LEGAL DESCRIPTION OF RECORD FOR ANDE AND MURIEL HASSIS March 14, 1989 (. Document Number 499157 ) 1,at Number am (1). of CoLryty Po id I Is Flat No. Two (2)', all least of Sixth Stoat, b&b-sg thA pert, of Lot mNurbersdA.- The (3) , swt1on Towrt7j—Mqht (2 8) t Tb%�� niirty (30),r Rwv�a INminty (20) d"=iLmd. as---- '%.) follows, viz: BegirrLlm at a point in the N=th " 5mrLh q",rt= ovct� 11m of Sacticn'..24) m)wn 30, PAnqu 20, Q-mare the North line of WLIamlm ndd.iticsi to 9tillwater intervects .the "mo w4 rum-dM tier" Northiddstarly &LcM the "14 North line of said odditicm to A poift', in the west Lire of South Sixth Street as the am= w" laid out by reaoluticn of the city.P" Ccx=il of the City of St i '- I water, Septwber 1Rth # 1 U 9 1 thwce Northowterly along the, said -t rest line of *" South sixth stmat to a point in the mouth line of a tract of 1x-4 oartvayed by Mrriot T. And= -am and hasb" to Hollis R. M=d::)ck by d"d dated Mhy loth, I U 9 p. and grx* of reo=d in the offico of the Tiogiater of Deeds in and for Wzhb-qtM U"'ItTt .x* T of Dee is, P" 31,F thw-OCO &xWvevt6rlY &10rx3 the Smth lim Of said l"t mvlti.or�ed . =act to the quarter mecticn lire af=vsaizii thanas South &lcM the said qurtrtar sec tim' lire - to - the pLKa of begirniM. Ao=xAjM to the plat thereof on f i1a and of ro=rd in the off ic� of the county ro=,der in and for said ocunty and state& NOTE: The call for Northeasterly along the said west line of South Sixth Street on line 8 of this description is not.correct and should be Northwesterly. I I ;Ic-rcby car is f thz2t this survey, plan, or ropxt v,jaS prep.:iod' by rr;c or under my crest Of Oil LICE A. f ULZ Data 3-lq-k7 Pcg.N-o. 3 Z-