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HomeMy WebLinkAbout1998-03-09 CPC PacketX 0 • i a er THE BIRTHPLACE OF MINNESOTA PLANNING COMMISSION CITY OF STILLWATER NOTICE OF MEETING The Stillwater Planning Commission will meet on Monday, March 9, 1998, at 7 p m in the Council Chambers of Stillwater City Hall, 216 North Fourth Street Approval of Minutes of February 9, 1997 AGENDA 1 Case No SUB/98-9 A resubdivision of Lot 6, Block 14, Holcombe's Addition lying easterly of a line that begins on the north line of Lot 6 distant 14 95 feet westerly of the northeast comer to a point on the south line of Lot 6 distant 16 51 feet westerly of the southeast corner Timothy J Freeman, Folz, Freeman, Dupay & Associates, Inc, representing James Finnegan, 819 West Anderson Street 2 Case No SUB/98-12 A resubdivision for Lot 5, Block 14, Holcombe's Addition lying easterly of a line that begins on the north line of Lot 5 distant 12 15 feet westerly of the northeast comer to el a point on the south line of Lot 5 distant 15 62 feet westerly of the southeast comer Timothy J Freeman, Folz, Freeman, Dupay & Associates, Inc, representing Mark McGrorty, 813 West Anderson Street 3 Case No SV/98-13 To vacate the east half of South Everett Street bounded on the north by the south line of West Anderson Street and bounded on the south by a line from the southwest corner of Lot 6, Block 14, Holcombe's Addition to the west line of said Lot 6 Timothy J Freeman, Folz, Freeman, Dupay & Associates, Inc, representing Tom O'Brien, 823 West Anderson Street 4 Case No V/98-10 A variance for relocation and expansion of a second residential unit on a 8,302 square foot lot (10,000 square feet required) in the RB Duplex Residential District at 216 West Wilkins Street Marcia Kilbourne, applicant 5 Case No V/98-11 A variance request for modification (reduction) of drainage/utility easement to accommodate construction of a swimming pool in the rear yard of a single family residence at 263 Pineridge Lane in the RA Single Family Residential District Todd and Kristine Wilson, applicant Other Items CITY HALL 216 NORTH FOURTH STILLWATER MINNESOTA 55082 PHONE 612 439 6121 I Planning Commission • Feb 9, 1998 Present Jerry Fontaine, chairman Glenna Bealka, Russ Hultman, John Rhemberger, Kirk Roetman, Don Valsvik, Darwin Wald, Tom Weidner, and Terry Zoller Others Steve Russell, Community Development Director Mr Fontaine called the meeting to order at 7 p in Approval of minutes Mr Rhemberger, seconded by Mr Valsvik, moved approval of the minutes of Dec 8, 1997 Case No SUP/98-3 A special use permit for a dance studio in the second half of a duplex at 310 W Elm St in the RB, Two Family Residential District Gem Larson, applicant Robert Halverson, 850 N Martha St, was present representing Ms Larson Mr Halverson said the dance studio would be operated on a very part -tune basis, with four to eight kids in attendance at one time He said there are two parking spaces in front of each garage stall He suggested there is more traffic now with renters than would be generated by a dance studio He also stated that Ms Larson planned to hire a dance instructor • Mr Russell pointed out that according to the existing ordinance, non-resident employees are not allowed • Speaking in opposition were the residents of 404 W Elm St, 302 W Elm St and 404 W Hickory St Concerns included an on -going problem with Ms Larson's dog, provision of off- street parking, the traffic that would be generated by the studio Jeff Kuzrua, 404 W Elm St, stated he had no objection to a dance studio by asked whether a permit, if granted, would be non- transferable Mr Russell said a permit would be non -transferable Robin Halverson, 850 N Martha, said she could attest to the fact that Ms Larson would be willing to keep her dog in the house She also noted that generally parents drop off their children for classes and if the studio is kept to small groups, she said she thought the operation would not pose a problem for parking or traffic Mr Wald asked about signage, Mr Halverson said there would be no signs Mr Rhemberger suggested a fifth condition of approval — keeping the dog indoors while classes are in session Mrs Bealka moved approval of the request with the five conditions of approval Mr Rheinberger seconded the motion 1 February 9, 1998 • Mr Weidner noted that converting the duplex unit to a dance studio would not meant the purpose of a home occupation permit As proposed, the request would amount to creating a commercial space with outside help employed, as Ms Larson would not be living and teaching in her own home He suggested the request does not come close to meeting the conditions of a permitted home occupation use Motion to approve the request failed by unanimous vote Case No V/98-4 A variance to the front yard setback (30 ft required, 23 ft requested) for replacement of existing decks and steps with an enclosed entry located at 104 N Harriet St in the RB, Two Family Residential District Mark Balay representing Dave Johnson, applicant Mark Balay and Jeanne Johnson were present for the discussion Mr Balay provided drawings and elevations He referred to the unusual topography of the lot, with the street level 16 feet below the main entrance He said rather than replacing the existing, the design represents a permanent solution — handling the elevation changes within the house, rather than through the exterior decking He pointed out that if the existing decks were being replaced, a variance would be required — the decking already encroaches into the required setback The design increases the volume of encroachment, which is why the variance is needed Speaking in favor of the plan were Bruce and Connie Shalles, 424 N Myrtle St, Nancy Wahlquist, 121 N Martha St, and James and Susan Lund, 115 N Harriet St (in the form of a letter) Mr Valsvik, seconded by Mr Wald, moved approval of the variance as conditioned, motion passed unanimously Case No V/98-5 A variance to the side yard setback (20 ft required, 19 ft requested) and rear yard setback (30 ft required, 20 feet requested) for construction of an outdoor pool at 1826 Northwestern Avenue in the BP-O, Business Park Office District E A Larey representing River Valley Athletic Club, applicant Ms Larey and Eric Swanson of Baker Pools were present Ms Larey noted the requested side yard setback is 17 feet Mr Roetman asked about the type of fencing that would be used Ms Larey said the fencing would meet statutory requirements regarding height, etc She said the issue of fencing material has not been addressed at this point, noting the fencing would be inside the existing tree line Mr Rhemberger, seconded by Mr Valsvik, moved approval as conditioned, all in favor Case No SUB/98-7 A request to subdivide a 133 acre parcel into three parcels, one being • 37,684 sq ft with existing house, a new parcel of 12,063, and an 8,239 sq ft parcel for 2 February 9, 1998 • Washington County for McKusick Road at 1010 McKusick Road in the RA, One Family Residential District Robert Liberty, applicant Mr Liberty was present for the discussion He said he has no definite plans for the new parcel, but it is a buildable site and he wants to prepare now for a possible future use David Spencer, 825 Amundson Dnve, expressed a concern that a new home built on the site might not add to the value and attractiveness of the area He also questioned whether a new structure would be a single- or multi -family dwelling Mr Russell pointed out the area is zoned single-family Charles Wolsky, 781 Fischer circle, spoke on his own behalf and for Derrick Jones, 701 Fischer Circle, who was unable to attend but sent a letter which was enclosed in the packet Mr Wolsky expressed a concern about the appearance of "jamming another house in there" and whether a new structure would conform to the "character of the fully established neighborhood " He further expressed a concern about the topography/slope of the site, and said drainage/run-off is of "grave concern" to Mr Jones Alex Kovalchuck, 801 Amundson Drive, also expressed a concern about drainage He also noted that his garage is five feet from the property line, and if a new house is constructed facing Amundson, rather than Fischer Circle, it could come within 10 feet of his garage • It was suggested adding preparation and approval of a grading and drainage plan to the conditions of approval Mr Rhemberger„ seconded by Mr Valsvik, moved approval with the added conditions of a grading and drainage plan and provision of a utility easement Mr Weidner said the conditions of a gradmg/drainage plan, water/sewer plan have nothing to do with approval of a subdivision — that's part of the building permitting process Mr Rhemberger and Mr Valsvik agreed to amend the motion of approval to one condition — provision of a utility easement Motion passed unanimously Case No V/98-8 A variance to the side yard setback (10 ft required, 5 ft requested) for construction of a new living room located at 1105 Sixth Ave S in the RB, Two Family Residential District James Stageberg representing Anne Brosius, applicant Ms Brosius was present and showed plans for the new room and explained why the additional space is needed Mr Rhemberger, seconded by Mrs Bealka, moved approval as condition Motion passed 8-1, with Mr Weidner voting no Other business Members reviewed the revised draft of the home occupation regulations After considerable todiscussion, the following changes were agreed to 3 February 9, 1998 • Under Type III, remove allowed in RA or RB District, Allowed in RB District only • Add language to regulation No 1, Type I, "no permit is required in any district and is allowed if the following conditions are met " Add language to regulation No 1, Type II and Type II, "Home occupation use permit and public hearing required in RA or RB districts and allowed if the following conditions are met " Add language to regulation No 1, Type III, "Home occupation permit and public hearing required and allowed if the following conditions are met " • Regulation No 5 in Type II related to infrequent hobby, craft or art sales include language that such sales are allowed not more than two times a year, not to exceed six days total in a year It was agreed that same language should be added to Type III businesses as an additional regulation • Regulation No 4 in Type II related to retail sales permitted only as accessory to the primary home occupation — add that same language to Type III • Regulation No 6 in Type III regarding visitors permitted by appointment only, add language that no more than two visitors are permitted and by appointment only • It was agreed to add language that a home occupation occupy no more than 400 square feet of the dwelling Mr Weidner asked that the City Council redefine permit to indicate permits are "conditional use" rather than "special use" permits • It was the consensus of members to schedule the public hearing on the proposed home occupation permits for the April meeting, rather than March Mr Wald, seconded by Mr Hultman, moved to adjourn the meeting at 9 15 p in Motion carved Respectfully submitted, Sharon Baker Recording Secretary (a 4 • PLANNING APPLICATION REVIEW FORM CASE NO SUB/98-9 Planning Commission Date March 9, 1998 Project Location 819 West Anderson Street Comprehensive Plan District Two Fanuly Residential Zoning District RB Applicants Name Timothy J Freeman — Folz, Freeman Dupay & Associates representing James Finnegan Type of Application Resubdivision Project Description A resubdivision of Lot 6, Block 14, Holcombe's Addition Discussion The existing house at the above address was constructed on the property line 50+ years ago The request is to move the western property line 14 95 ft farther west The new lot area will be approximately 7750 square feet The minimum lot area in this zonmg district (RB) is 7500 square feet Conditions of Approval 1 Approval of City Engineer Recommendation Approval as conditioned Findings The proposal meets the intent of the subdivision ordinance Attachments Application Form Survey PLANNING APPLICATION REVIEW FORM CASE NO SUP/98-12 Planning Commission Date March 9, 1998 Project Location 813 West Anderson Comprehensive Plan District Two Family Residential Zoning District RB Applicant's Name Timothy J Freeman, - Fo17, Freeman, Dupay & Associates representing Mark McGrorty Type of Application Resubdivision Project Description A resubdivision of Lot 5, Block 14, Holcombe's Addition Discussion The existing house at the above address was constructed on the property line 50+ years ago The request is to move the western property line 12 15 ft farther west The new lot area will be approximately 9600 square feet The minimum lot area in this zoning district (RB) is 7500 square feet Conditions of Approval 1 Approval of City Engineer Recommendation Approval as conditioned Findings The proposal meets the intent of the subdivision ordinance Attachments Application Form Survey to PLANNING APPLICATION REVIEW FORM • CASE NO SV/98-13 Planning Commission Date March 9, 1998 Project Location 823 West Anderson Street Comprehensive Plan District Two Family Residential Zoning District RB Applicants Name Timothy Freeman — Folz Freeman Dupay & Associates representing Tom O'Brien Type of Application Street Vacation Project Description Vacate the east half of South Everett Street Discussion 0 The proposal is to vacate the east half of South Everett Street bounded on the north by the south line of West Anderson Street and bounded on the south by a line from the southwest corner of Lot 6, Block 14, Holcombe's Addition to the west line of said Lot 6 The request is to extend the property located at 823 West Anderson Street 20 feet to the west The house that is existing at the above address was built 50+ years ago on the property line The City Engineer has reviewed the request and recommends that the property be moved 10 feet to the west of the existing property line The other 10 feet would become 5 feet of right of way along with a 5 foot easement Conditions of Approval The west property line be located 10 feet west of the west of the existing property line, as per City Engineer Recommendation Approval as conditioned Findings The street vacation has no impact on public facilities Attachments Application Form Survey 0 Case No Date Filed /3 Fee Paid Od Receipt No PLANNING ADMINISTRATION FORM COMMUNITY DEVELOPMENT DEPARTMENT CITY OF STILLWATER 216 NORTH FOURTH STREET STILLWATER, MN 55082 ACTION REQUESTED Certificate of Compliance Conditional or Special Use Permit Design Review Planned Unit Development* Variance Comprehensive Plan Amendment* Zoning Amendment* Subdivision* Resubdivision Total Fee FEE 70 50/200 25 500 70/200 500 300 10 550/lot $100 *An escrow fee is also required to cover the costs of attorney and engineering fees (see attached) The applicant is responsible for the completeness and accuracy of all forms and supporting material submitted in connection with any application 0 PROPERTY IDENTIFICATION Address of Project 3/9 Assessor's P�ceINo Zoning District Description of Project d`E'� 4-rT19cNF EkT,Fic1qT6' of 5urcvr9 "/ hereby state the foregoing statements and all data, information and evidence submitted herewith rn all respects, to the best of my knowledge and belief, true and correct l further certify / will comply with the permit if it is granted and used " 1 / 1 .noTNy T- FRe-rM AN L 7 Property Owner JRM E_5 F p F F D 1 N e�✓�G A N Re resentative o�z. �2rEL�nn � N u PA J 5s�c Nc Mailing Address 619 A141vP1Xj;m. -r . dr►cLwATe"2 Mailing Address /91 S /1CeR-rHwesrrr_N-'r Str LLwA-rEk- Telephone No Y39 -3 Zq 1 Telephone No 439 —SS 33 Signatures Signatur ITE ND PR�iJECT DESCRIPTIO�Wrevry .SETi� cN (DTI � ,QF(CA7C or- Lot Size (dimensions) x Total building floor Area sq ft Land Area Existing sq ft Height of Buildings Stories Feet Proposed sq ft rincipal Paved Impervious Area sq ft ccessory Number of off street parking spaces provided Revised 5/22/97 0 Case No Date Filed Fee Paid 00 Receipt No Svlvl PLANNING ADMINISTRATION FORM COMMUNITY DEVELOPMENT DEPARTMENT CITY OF STILLWATER 216 NORTH FOURTH STREET STILLWATER, MN 55082 ACTION REQUESTED Certificate of Compliance Conditional or Special Use Permit Design Review Planned Unit Development* Variance Comprehensive Plan Amendment* Zoning Amendment* �C Subdivision* Resubdivision Total Fee FEE 70 50/200 25 500 70/200 $500 300 $100+ 50/6 lot 100 *An escrow fee is also required to cover the costs of attorney and engineering fees (see attached) The applicant is responsible for the completeness and accuracy of all forms and supporting material submitted in connection with any application 10 PROPERTY IDENTIFICATION Address of Protect 823 WE57,4A10E7e5o,,-) -5-1 Assessor's Parce No Zoning District Description of Protect _5e"T i A TAGNof 5,4,evFy "1 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 1 further certify I will comply with the permit if it ►s granted and used " � ( ►v�oTH � T T—P—F�nn �r�► L S Property Owner EoM 691cmRepresentative F9 z, FF,6rvt-AN. PLIFAQ/ r-,A5s0� Mailing Address F;Z3 k1AnrarXjor%Qcr STi LLwAT� K. Mailing Address /J'f S A1oA>Nw3Te-P-r1 Qver sri LuwA-rrF, Telephone No q.39495IAmr 130-.549990R-r- Telephone No 39 —9 S 3 n Signat Signature Lot Size (dimensions) Land Area Height of Buildings �nncipal ccessory Stones SITE AND PROJECT DESCRIPTION AT -F4 C ►-J FD CE -r) F ICAFE- OF :5u le V EY Total building floor Area sq ft Existing sq ft Feet Proposed sq ft Paved Impervious Area sq ft Number of off street parking spaces provided Revised 5/22/97 Fo1z, Freeman, Ilupay & Associates, Inc N LAND SURVEYING o LAND PLANNING 1815 NORTHWESTERN AVENUE • STILLWATER MINNESOTA 55082 S (612) 439-8833 LEGAL DESCRIPTION SOUTH EVERETT STREET PORTION TO VACATE The east half of South Everett Street as shown on the Perfected Plat of the City of Stillwater, recorded as Document Number 416049 in the office of the County Recorder, Washington County, N finnesota bounded on the north by the south line of West Anderson Street and bounded on the south by a line from the southwest corner of Lot 6, Block 14, HOLCOMBE'S ADDITION of said Perfected Plat of Stillwater run perpendicular to the west line of said Lot 6 Except that part of South Everett Street vacated previously by the Resolution recorded in Book 245 of Deeds, Page 621 LEGAL DESCRIPTION O'BRIEN TO FINNEGAN That part of Lot 6, Block 14, HOLCOMBE' S ADDITION, according to the Perfected Plat of the City of Stillwater, recorded as Document Number 416049 in the office of the County Recorder, Washington County, Minnesota lying easterly of a line that begins on the north line of said Lot 6 distant 14 95 feet westerly of the northeast corner thereof, to a point on the south line of said Lot 6 distant 16 51 feet westerly of the southeast corner thereof LEGAL DESCRIPTION FINNEGAN TO MCGRORTY That part of Lot 5, Block 14, HOLCOMBE'S ADDITION, according to the Perfected Plat of the City of Stillwater, recorded as Document Number 416049 in the office of the County Recorder, Washington County, Minnesota lying easterly of a line that begins on the north line of said Lot 5 distant 12 15 feet westerly of the northeast corner thereof, to a point on the south line of said Lot 5 distant 15 62 feet westerly of the southeast corner thereof I hereby oertrfy that this legal de=ption was prepared by me or under my direct supervision and that I am a duly Registered L wd Surveyor under the laws of the of lvinnc to �IUSQ� Davrd L Dupey Date Minnesota Regi9rahan No 17252 Parcel A 6 Block 14, HOLCOMBE S ADDITION Perfected Plot of the City of Stillwater rrdW Number 416049 /n the office of the WIMington County Minnesota lying that begins on the north line of said Lot eet westerly of the northeast corner -)t on the south line of sold Lot 6 distant ly of the southeast corner thereof ,f vacated east half of South Fverett on the Perfected Plat of the City of 'd as Document Number 416049 in the my Recorder Washington County d on the north by the south line of Wes t end bounded on the south by a line from -n er of Lot 6 Block 14 t IOL COA4RE S Perfected Plot of Stillwoter rin the west line of said Lot 6 Parcel B 5 Block 14 HOLCOMBE S ADDITiOr, Perfected Plat of the City of Stillwater meet Number 416049 in the office of the Washington County Minnesota lying that begins on the north line of sold Lot e esterly of the northeast corner er�t`�i the south line of sold Lot 5 distant ly of the southeast corner thereof if Lot 6 Block 14 HOLCOMBE S ADDITION Perfected Plat of the City of Stillwater iment Number 416049 in the office of the Washington County, Minnesota lying that begins on the north line of said Lot 'eet westerly of the northeast corner n t on the south line of said Lot 6 distant ly of the southeast corner thereof Parcel C )art of Lot 5 Block 14 HOLCOMBE S Ong to the Perfected Plat of the City of ,d as Document Number 416049 in the n t y Recorder, Woshington County, osterly of a line that begin, on the north 5 aistant 1215 feet westerly of the thereof to a point on the south line of �t 1562 feet westerly of the southeast NOTES PP \ 9 ----------------� A&30----{. bA I I I I I I I, I West I I I 1 N89030'03 "E - — 30 001d- 0;4 3514 Q�i I I I Y CJ I Y uQi�l �Wlwl/y 20 GU 10 00�jI v M C.1 1 � po9 + Shrub I l 3Q I� IPoode ---- --i i nrdrd Llgh t \ i ri: Block RF t Wall Q� I 1 II 1224 1 I v I m �u � on u o. 3 Ck: _ I Existing 112 II' co N N t 1 1z to 1 I I House 0 m 14 y o t4 2 1 1 Or tl I `;° ;, cone Walk C1 y Y �' V) I A 70 p -E e I uN I 70 0 o�aroge m I `m B/tuminous c Driveway Anderson PP — i I _ SJpn-';:�—Orvr'Aead Electric — ——N8930'03 "E M 9 , _ Roc -5a fY1 �' , 5G G9 1495 \, §Rv 89 t/ $ North irie Block 14' .� cotBg& .ADDIVON l l n e Walk tie I� � it l292 to Go X. Ilo ' c01 ��OI o I aiAcce1 �0-. , l 70 151 / 1 l W yc I 16 3 C,, �-P "el 1B wl k(Finnegao) Acre Io col cr.)0.118 t! I 24 J J Post aothes Line N Existing N Garage N N -- v Post _ - clothes J Line \ I I _ Streei I o I Edge Roadway ' -- - Sign 4i 1- _ �\ P 150.27---+ ' V\ ( I set J/� SAI N d w/steel 1 1 �woslr//Ir (Inscribed W P,Y RLS t 7. 12 1 j R �5" —�-- 1 $2 24 t ' r , Yard 'J t gh tI s 6 Sprucel / / O i 3$tl I u I \ lid�"o 3 I \ \\ I 1 1 m ' Ornamental Ireesl ' 1 N I I o rX i I f 4 J 1 0 120 F—L�L,,j AilV I m�q, Exlstrng- House = 16 4 A a 1 I W 1 1 ' Existing �21 ti Garage H I U ' 7 26J 164 m ti w Existlny Wood ` 4 Deck �O Garage rn ' 0m !~ w 10 t3frch s Parcel C J V1 r 0 65 ` (McGrort y) q) ca t J 1 3 00.22 Acres± y U to 12 Gobopp/e W = ham` 7 A LU I 1 't, Dbl 8 Poplar A -T-inn Btsh nuL�� I Dui Gialhee I Auh Line — —30 — — Dhi 15 -12 Tr I South Llne Block 14 — 1 C— h10LCOMBE S AODi 1.10N Bush 7136 Mope Various Obi 8 Tree W 1/ t any Rat a1150 99L 6571 I 335 1651 ; ,�562-' C9 S88 4 719 Roc -50 A4-50 09 Rec -5G M-50 09 j 30e ";; _Rom- Timber Ret wall ——N89"38'30 "E M=150.28— — — o C,� 18 Apple House y e APv �) i 13,E I J Pos 0 c 1 243 I -I h 30 6 Tree Elm ® o PaTc e �1 11 Brien J c Cr 0e24 ®r Aces± , Past Ui I I r 7 U L -J 0 sw A X r- l vl L L_ 10 00 O I 14 Elm E PLANNING APPLICATION REVIEW FORM CASE NO V/98-10 arlannmg Commission Date March 4, 1998 Project Location 216 West Wilkins Street Comprehensive Plan District Two Family Residential Zoning District RB Applicant's Name Marcia Kilbourne Type of Application Variance Project Description The relocation and enlargement of a second legal nonconforming residential unit to an area above the basement on the first and second level of the house Discussion The existing situation is a nonconforming condition and the new unit arrangement would remain nonconforming The floor area for the unit will increase form 800 square feet to 920 square feet and from one bedroom to three bedrooms The total area of the existing structure will not change from what is currently there The property has experienced flooding and sanitary sewer service problems in the past Conditions of approval have been added to address those issues is A four -car parkin area is shown behind the residence Fours aces would need to be provided The parking g P P P g area should be improved before the second unit is occupied Recommendation Approval Conditions of Approval 1 The driveway and parking area shall be improved with four inches of gravel before occupancy of the second unit 2 Before occupancy of the second unit, the residence shall be connected to the city sanitary sewer system as approved by the city engineer 3 A grading/drainage/erosion control plan shall be submitted for city engineer approval showing existing and proposed grading before excavation of the site occurs 4 The structural integrity of the basement wall shall be evaluated and approved by the Building Official to accommodate and support fill around the rear basement level 5 Building permits shall not be issued until a grading/drainage/ erosion control plan is approved by the city engineer Attachment Plans fa Case No I q S —16 Date Filed Fee Paid cc Receipt No PLANNING ADMINISTRATION FORM ACTION REQUESTED COMMUNITY DEVELOPMENT DEPARTMENT Certificate of Compliance CITY OF STILLWATER 216 NORTH FOURTH STREET STILLWATER, MN 55082 Conditional or Special Use Permit Design Review Planned Unit Development* Variance Comprehensive Plan Amendment* Zoning Amendment* Subdivision* Resubdivision Total Fee FEE 70 50/200 25 500 70/200 500 300 $100+S50/lot 100 *An escrow fee is also required to cover the costs of attorney and engineering fees (see attached) The applicant is responsible for the completeness and accuracy of all forms and supporting material submitted in connection with any application r PROPERTY IDENTIFICATION Address of Protec /� G) �%/ /NS Assessor's Parcel No �% D 3O�D 3 Ore� l Zoning District Description of Project I79L_ IAA %D &Ae, t46 1106/1S E- //Vie 77JIV /-/V1 "1 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 itt ►s granted and used " Property Owner////L/L�f�� %�%�'/L� ./C'�/fl'��Representative �� /%/�//l'/14 Mailing Addressl� frFaf%f /t/f7��D� _ Mailing AddressZ/�,/ Telephone No �62 " ��— ��� Telephone No ?� Signature Signature '4' � J SITE AND PROJECT DESCRI TION Lot Size (dimensions) x Total building floor Area sq ft Land Area Existing sq ft Height of Buildings Stories Feet Proposed sq ft Krincipal Paved Impervious Area sq ft ccessory Number of off street parking spaces provided _ Revised 5/22/97 7 _ 18 19 211' 22 23 24 25 26 27 2B 29 3D v m* main tam AVENUE $ 14 13 12 11 10 9 B 7 6 5 4 3 2 1 Ph) Idn 10ft F 5 17 18 19 2D 1 22 23 24 25 26 27 28 29 3D l� PAM 09) F ma(+) 1 (ten 14A 13mft 12 I 11 [ 119 I 8 Mft 7 I 6 18 199 20 I 21 (ob» 22 I 233 r (01025 Pft 26) m4,) 46 3 2 1 F T n 9 1 m44) 1 _F 60 z9 30 A N44) STREET 150 150 60 15D 65 g 2 main 2 61 3 4 5 6 7 8 N 3 4 5+)� A g 50 50 w 50 w 50 w 50 6176 0 150 8 „tn — 0 o ST S1ILLWATER m ti 6 1�1 Na1�] og') 4 150 WEST WLKNS m 150 e 6 150 9 1w 4 m m ST ASPEN ; ,so , tao 2 w 60.69 5? 2 ma(4) E1 53 ,Do 20 3 4 M 3 1 A 8 6 8 (de) 6 (099) 7 F— tmtl,) 4 100 50 mala 13D �� s 5 4 -- —5 8 0 7 8 9 10 11 12 5 6 7 8 150 05) mD•61 lm3o) ma) mm 1 ' M*n 1747T R 4 e Location Map 50 so w 50 50 50 600 150 SlREE Zf Fam B21w Vicinity Map 0 147 Scale in Feet .00w ..iw� vw.µaa cw nana rr s...y ianr�n.abm �r rn wr�aW cam b �rOr�d• b rr 1em�sYa me. w•.r�nn cowl sv..rer. a< nm m n more PLANNING APPLICATION REVIEW FORM i CASE NO V/98-11 Planning Commission Date March 9, 1998 Project Location 263 Pmeridge Lane Comprehensive Plan District Single Family Residential Zoning District RA Applicant's Name Todd and Kristine Wilson Type of Application Variance Project Description A variance for the modification (reduction) of dramage/utility/conservation easement to accommodate construction of a swunirung pool in the rear yard Discussion Attached is a memorandum from Klayton Eckles, City Engineer reviewing the proposal to modify the utility easement The report includes the convenants that were agreed up on at the time the development was approved (December, 1996) Recommendation Denial Findings The request does not meet the terms of the recorded Conservation Agreement for Interlachen Hills P Addition Attachments Application Form Memo from City Engineer fe 0 Case No Date Filed Fee Paid Receipt No 5 �� PLANNING ADMINISTRATION FORM COMMUNITY DEVELOPMENT DEPARTMENT CITY OF STILLWATER 216 NORTH FOURTH STREET STILLWATER, MN 55082 ACTION REQUESTED FEE Certificate of Compliance 70 Conditional or Special Use Permit 50/200 Design Review 25 Planned Unit Development* Variance 70 00 Comprehensive Plan Amendment 00 Zoning Amendment* 300 Subdivision* $100+S50/lot Resubdivision 100 Total Fee *An escrow fee is also required to cover the costs of attorney and engineering fees (see attached) The applicant is responsible for the completeness and accuracy of all forms and supporting material submitted in connection with any application 110 PROPERTY IDENTIFICATION Address of Protect =-26 3 r7 �,CrLi D&c. �A;�jL Assessor's Parcel Zoning District Description of Protect No Ook6203IX6 / '7 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 / further certify 1 will comply with the permit if it is granted and used " PropertyOwner W i LW N Representative Mailing Address,�b Pi Nc..1(t%ecc_ S{�U- iling Address Telephone No -43oi -1-1b1 Telephone No SignatureSignature SITE AND PROJECT DESCRIPTION Lot Size (dimensions) x Total building floor Area sq ft Land Area Existing sq ft Height of Buildings Stones Feet Proposed sq ft onncipal Paved Impervious Area sq ft ccessory Number of off street parking spaces provided _ Revised 5/22/97 MEMORANDUM March 3, 1998 TO Sue Fitzgerald, Planner FROM Klayton H Eckles 14 0 City Engineer SUBJECT Request for Vacation of Easement Lot 8, Block 2 Interlachen Hills 3`d Addition Per your request I have reviewed the applicant's submittals on an easement vacation on the above referenced property By way of background, other engineering staff and myself spoke with this applicant regarding the possibility of a swimming pool being constructed across the existing easement We informed the applicant that it was not possible to construct a swimming pool on an existing easement and that the only option would be to pursue a vacation of this easement We also informed the applicant that City staff would recommend denial of any request for an easement vacation, but that City staff was not the decision making body Apparently, the applicant chose to request the easement vacation understanding that he did not have the support of the engineering • department As the attachments show the easement exists for the maintenance, operation and protection of the storm water holding pond and wetland in the vicinity Also, there is a conservation/scenic easement across the property that is in place to protect this area in its natural state This entire wetland complex is meant to be maintained as a natural amenity Also attached is page three of the convenants, which shows Section 11 and 12, discussing the lot easements and conservation easements that exist on these lots Finally, a copy of the conservation easement is attached as well as the drawing of the conservation easement, all of which have been filed and recorded with Washington County Given that the developer has gone to great lengths to design this wetland and storm water pond complex in a way to protect this area, as well as allow maximum development along its fringes, I see no practical way of achieving these same objectives while reducing the area subject to protection Therefore the Engineering Department must recommend that the request for easement vacation be denied cRAPMC SCAU Lo:b7 t BAYBERRY AVENUE aer4 �`y r UE _ L ! > x 1 1 939 9,38� g i 33 9 3 I 9 SB 298 SB T 4l %%. w. •.e � >'r � _ is INjTERLACHEN DRIVE man w y � / "ISTU6 OIILITIES SIOMI AAE Iw w1 ATiFlIm[11Mrt = p<} TK can4CIfM SNLLL Rl[IMiI[ TK C7/C7 IAJTIOI Cr . 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I A Exterior design should conform, as much as possible, with the natural dings so as to put these premises to the most advantageous use Exterior design shall be of rsticn nd quality to maintain and preserve home values within Interlachen Hills 3rd Addition scenery, timber, and ground contours should be conformed with as much as possible B Driveways and parking areas shall conform as much as possible to natural rodes Driveways shall have blacktop or concrete surface g C Lawn and landscaping shall conform as much as possible to the natural grades with wooded areas preserved and native growth protected wherever practical D Minimum foundation area of houses shall be One Story Construction Two Story Construction 1,100 Sq Ft Split Level Construction 800 Sq Ft 1,000 Ft Minimum foundation areas will not supersede aesthetc0and architectural guidelines or ordinance requirements of the city of Stillwater E All storage and outbuildings must be approved by the Architectural Committee All antennae, satellite dishes and other exterior reception devices must be approN ed for style and location by the Architectural Committee F Trees existing on any lot as of the date of this Declaration shall be cut only for the Purposes of clearing a building site Section 10 Vehicle Story e No boat trailer, fishhouses, snowmobile, recreation vehhiicllee camper, canoe, or other vehicle shall be stored or kept on any lot except within a garage or out building except that residents may park oLean a temporary basis (less than one week) on a designated Hated hard surfac g Section 11 Lot Easements Each lot shall be sub!ect to permanent utility and drainage easements All such easements shall jointly run in favor of and inure to the benefit of the owners of the adjacent lots, and any or all public authorities or utility companies maintaining or operating an utility facility upon such easement area y Section 12 Conservation Easements Buyers and Owners are hereby notified that conservation easements exist on lots adjoining the wetlands and steep slopes Land within the easement shall be preserved in its natural state - -- -•- -� ..Q,,,� ai,u tiaaress Jl ns All name and address signs shall be of a dignified character and shall not be over two square feet in size, unless otherwise pennitted by the City of Stillwater Section 14 Advertisn- Suns No advertising sign of any kind shall be displayed in public view on any lot except one sign of not more than five square feet advertising the property for sale or rent, or signs used by a builder to advertise a building during construction and sale Section 15 Tanks No elevated tanks of any kind shall be erected, placed, or permitted on an part of such premises Any tanks for use in connection with any residence constructed on such premises must be buried or sufficiently screened to conceal them from the view of neighboring lots roads, or streets 0 3 N 11 bb -\ N 4 vc I g 10 O 11 tJ c �r 1 13 +� r- � = 6 87 J V I 14 > p 3 p0 p0 `" L35 60 p0}\1805 - - 733 / 3o q p • N89 12 58 E \ # �� / �\ s a 4�A 2� � 2 8 0 10rA� N 15 -� 11946 - I W N84 57 31 W v � ►� 1� � Z 2 7 / wETLAND -r \ DRAINAGE AND UTILITY EASEMENT IN 89 18 35 W 202 25 23572 00 7500 75 00 11800 11772 300 21 a 20 1 9 / 0� 18 / L\ N89 41 56 w 17 W F 385 73 - �o 1 o� M I I Z r 16 61 110101 1661 1 16 61 --J L L J� L �Y 00 75 o 75.00 — — „B o — — — — 117 7 t N89018'35 le 989 11 t r .X V-. Ive 71 sT\ • lk Ta- GRANT OF CONSERVATI !' THIS INSTRUMENT is executed as of the day of December, 1996, by Trail Head Development Corporation, a Minnesota corporation ("Grantor"), in favor of the City of Stillwater, Minnesota, a municipal corporation under the laws of the State of Minnesota, ("Grantee") RECITALS Grantor is the owner of land located in Washington County, Minnesota, legally described as Lots 1 through 7, Block 1, and Lots 1 through 23, Block 2, Interlachen Hills 3rd Addition (the' Property") Grantee is a Minnesota municipal corporation, authorized to accept and hold conservation easements pursuant to iVlinnesota Statutes Chapter 84C Grantor wishes to grant to Grantee certain conservation easements over and across certain portions of the Property, and Grantee wishes to accept such conservation easements NOW, THEREFORE, for good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged by Grantor, the parties hereto do hereby agree as follows 1 Grant Grantor hereby conveys to Grantee the following easements A conservation easement over and across that part of Lot 5, Block 2, Interlachen Hills 3rd Addition described as beginning at the northwest corner of said Lot 5, thence easterly along the north line thereof 32 23 feet, thence southeasterly to a point on the southeast line of said Lot 5 distant 92 feet northeasterly from the southwest corner of said Lot 5, thence southwesterly along said southeast line 92 feet to said southwest corner of Lot 5, thence north 140 19 feet to the point of beginning Also, a conservation easement over and across that part of Lot 6, Block 2, Interlachen Hills 3rd Addition described as beginning at the southwest comer of said Lot 6, thence North 01 degrees, 00 minutes, 52 seconds West along the west line thereof 46 88 feet, thence North 52 degrees, 40 minutes, 49 seconds East along the northwest line of said Lot 6 a distance of 92 feet, thence louth 43 degrees, 16 minutes, 50 seconds East 61 55 feet, thence South 74 degrees, 45 f minutes, 36 seconds East 69 68 feet to the east line of said Lot 6, thence South 06 degrees, 53 1wminutes, 21 seconds West along said east line 41 96 feet to the southeast corner of said Lot 6, ence North 89 degrees, 18 minutes 35 seconds West 176 74 feet to the point of beginning Also, a conservation easement over and across that part of Lot 7, Block 2, Interlachen Hills 3rd Addition described as beginning at the southwest corner of said Lot 7, thence North 06 degrees, 53 minutes, 21 seconds East along the west line thereof 41 96 feet, thence South 71 degrees, 23 minutes 32 seconds East 25 13 feet, thence North 61 degrees, 39 minutes 23 seconds East 110 17 feet to the northeasterly line of said Lot 7, thence South 40 degrees, 51 minutes 03 seconds East 116 83 feet to the southeast corner of said Lot 7, thence North 89 degrees, 18 minutes, 35 seconds West 202 25 feet to the point of beginning Also, a conservation easement over and across that part Lot 8, Block 2, Interlachen Hills 3rd Addition described as beginning at the most southerly corner of said Lot 8, thence North 40 degrees, 51 minutes, 03 seconds West along the southwest line thereof 116 83 feet, thence North 44 degrees, 41 minutes, 40 seconds East 140 51 feet to the northeast corner of said Lot 8, thence •outh 06 degrees, 47 minutes, 14 seconds West 189 68 feet to the point of beginning Also, a conservation easement over and across that part of Lot 14, Block 2, Interlachen Hills 3rd Addition described as beginning at the most southerly corner of said Lot 14, thence North 06 degrees, 47 minutes, 14 seconds East along the west line thereof 80 69 feet, thence South 81 degrees, 19 minutes, 55 seconds East 52 80 feet, thence South 22 degrees, 28 nunutes, 45 seconds East 35 23 feet to the south line of said Lot 14, thence South 62 degrees, 13 minutes, 07 seconds West along said south line 85 feet to the point of beginning Also, a conservation easement over and across that part of Lot 15, Block 2, Interlachen Hills 3rd Addition described as beginning as the southwest corner of said Lot 15, thence North 06 degrees, 47 minutes, 14 seconds East along the west line thereof 119 86 feet to the northwest corner of said Lot 15, thence North 62 degrees, 13 minutes, 07 seconds East along the north line of said Lot 15 a distance of 85 feet, thence South 48 degrees, 25 minutes, 30 seconds East 47 66 feet, •ence South 89 degrees, 28 minutes, 12 seconds East 100 71 feet to the northeasterly line of 3 2 Lot 7, Block 1, Interlachen Hills 3rd Addition lying easterly of the following described line commencing at the southwest corner of said Lot 7, thence South 89 degrees, 18 minutes, 35 seconds East along the south line thereof 218 39 feet tot he point of beginning of the line to be described, thence North 29 degrees, 16 nunutes, 13 seconds West 111 93 feet to the north line of said Lot 7 and said line there terminating Subjec to easements, reservations and restrictions of record, reservations, if any 2 Restrictions In connection with the easement rights herein granted, Grantor, its hei cessors and assigns, hereby covenants and agrees to refrain from installing fences of any kind whatsoever, to refrain from altering the grade of the natural terrain, and to refrain from cutting, destroying, or removing foliage or vegetation of any kind whatsoever except noxious or offensive weeds and dead, diseased, or damaged trees from the above described easement areas (except to the extent necessary to install utilities) without prior written consent of Grantee 3 ,Acceptance Grantee hereby accepts the conveyance of such easements on the terms and conditions hereof IN WITNESS WHEREOF, the parties hereto have caused these presents to be made as of the date and year first above written TRAIL DEVELOPMENT CORP I: CITY OF STILLWATER, MINNESOTA Its C� $ CO Iz �6818 \"- ` � ^� w �r, cp1 kp / C9/ N i 6 ENO 32sip^ d !1LA 3p0 00 p �" 18 05 - 60 00 .�35 73- d /- R 4 15 s° N89 5 8 A9 pi 99, a25 0 ►°ry�1� �`' r [ � 1 �' � ���r 10 10 p94 �o w� . f r �/ `'ir 'rl [ loo w + r ` I t9`0 3A [ pS��r z j N 68 r' 69 l a) 7 0 1 ' SET 7` 00 WETLAND L' Z11 3a w > of E 1� ► W a - \ E AND UTILITY EASEMENI <::S 7CE N I c E N T 176 74 1 N 89 18 4 78 99 q 7500 p 75 00 21 "" `,' 7500 75 00,,04", 235 72 % 11800 � 22 23 H8941 Sa w CN Z I V 1661 I6 � I6 6I 6I I10 10I 6 I 1I 16 61 6\ I I I L I L I L 7500 7500 7 00 75,00 7'S nn ---- -- �-,— J ,. „o �„ /2�W Home Occupation Regulations Type I Type II Type Allowed in RA, LR, TR, CR or RB Zoning Districts Allowed in RA, LR, TR or CR with a special use permit Allowed in RB District 1 No permit required 1 Home occupation use permit and public hearing required 1 Home occupation use permit and public hearing required 2 Registration required 2 RB district only 3 No outside storage or display of 2 No outside storage or display of products, 3 No outside storage or display of products, equipment or products, equipment or merchandise equipment or merchandise is permitted merchandise is permitted is permitted 3 Retail sales permitted only as accessory to the home 4 Retail sales permitted as accessory to the primary 4 No retail sales from the premises occupation occupation Exception hobby, crafts or art sales may be 5 No traffic shall be allowed greater than 4 Infrequent hobby, craft or art sales permitted twice a year held a maximum of twice per year not to exceed 6 days total that level normally expected in a residential maximum not to exceed 6 days total 5 An unlighted appointment sign (2 square feet) is permitted area 5 Customers by appointment only (one customer at a time) 6 Customers are permitted by appointment only 6 No separate outside entrance 7 No more than 20 percent of the total gross area or not more 7 No sign permitted 6 Off-street parking is required for regular customers than 400 sq ft of the dwelling unit shall be used for the home occupation 8 No more than fifteen (15) percent of the 7 No sign shall be permitted 8 No activity or equipment shall be used which creates total gross floor area of the dwelling unit 8 No more than 20% of the residence floor area or 400 sq ft noise, vibration, glare, furnace, odors, electrical or shall be used for the home occupationor 300 maximum shall be used for home occupation television interference detectable to normal senses sq ft whichever is less outside the dwelling unit or accessory structure 9 No activity or equipment shall be used which creates noise, vibration, glare, fumes, odors, 9 No activity or equipment shall be used which creates 9 7 a m - 8 p m maximum business hours electrical or television interference detectable noise, vibration, glare, fumes, odors, electrical or 10 Off-street customer parking is required to normal senses outside the dwelling unit or television interference detectable to normal senses 11 No excessive traffic accessory structure outside the dwelling unit or accessory structure 12 One nonresident employee maximum 10 Home occupation reviewed on a complaint 10 7 a in - 8 p m maximum business hours 13 Home occupation reviewed on a complaint basis basis 11 No nonresident employees 12 No excessive traffic 13 Home occupation reviewed on a complaint basis , -,A-�-r i-o izf 4&,,+<-a + -T U A,-(- X9 Fy. &Nkpl(la� - I Ex I t;rl t4 (. I L D r rrTli `4 f I I 5 ito n z�a FYv I , iz qxj I� r- F,EAIIt. CfA—%cUT tA—P,� Iri rr�.►`� or c ttAc�r= ZKN 1c.' •x DRAWING NUMBER