HomeMy WebLinkAbout1998-03-09 CPC PacketX
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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
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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
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Revised 5/22/97
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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
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SLTI AM 00 ALL S JWAS MISSING OVI CrUI HIS }AILE TO LYACTLT LOCATC
AND "CZERW ANT NO ALL ESISTIM VIILl11CS.
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
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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
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CITY OF STILLWATER, MINNESOTA
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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
,
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