HomeMy WebLinkAbout2000-03-13 CPC Packetl�
1
Ater
THE BIRTHPLACE OF MINNESOTA
PLANNING COMMISSION
CITY OF STILLWATER
NOTICE OF MEETING
The Stillwater Planning Commission will meet on Monday, March 13, 2000, at 7 p in in the Council
Chambers of Stillwater City Hall, 216 North Fourth Street
Approval of Minutes of February 13, 2000
AGENDA
Public Hearings
1 Case No SUP/00-11 A special use permit for a therapeutic massage and holistic skin care at
406 South Third Street in the PA, Public Administrative Office District Gary Howe,
applicant for Colleen Geraghty -Behrendt
2 Case No V/00-12 A variance to the side yard setback (10 required, 4 feet requested) for the
construction of a 2-story addition to the existing residence at 610 South Broadway Street in
the RB, Two Family Residential District Summer Kuehn, applicant
3 Case No ZAM/00-01 A Zoning Map Amendment to rezone from Agricultural Preservation,
AP to Lakeshore Residential, LR at 7155 Melville Court North Rick and Karen Reidt,
applicants
4 Case No ZAT/00-01 A Zoning Text Amendment limiting garage size to 1,000 square feet
and three stalls in Lakeshore Residential, LR, and Traditional Residential, TR, Districts City
of Stillwater, applicant
Other Items
CITY HALL 216 NORTH FOURTH STILLWATER MINNESOTA 55082 PHONE 651-430 8800
0
Planning Commission
February 14, 2000
Present Russ Hultman, vice chair
Robert Gag, Karl Ranum, John Rhemberger, Darwin Wald and Terry Zoller
Others Community Development Director Steve Russell
Absent Glenna Bealka, Jerry Fontaine and Dave Middleton
Mr Hultman called the meeting to order at 7 p in
Approval of minutes Mr Rheinberger, seconded by Mr Wald, moved approval of the minutes
of Jan 10, 2000, all in favor
Mr Hultman introduced and welcomed new member Robert Gag
Case No SUP/00-06 A renewal of a special use permit to sell popcorn from a popcorn wagon at
401 S Main St in the CBD, Central Business District Jason Succo, applicant
Mr Succo is owner of Stillwater Farm Store where the popcorn wagon is located Mike Bastien,
owner of the wagon, was present for the discussion He said he is in his fifth year of running the
operation There have been no complaints in the past
• Mr Rheinberger, seconded by Mr Wald, moved approval as conditioned for a period of three
years, all in favor
Case No SUP/00-07 A subdivision to combine two lots, Lot 8 and 9, Block 1, Myrtlewood, into
one lot of 24,171 square feet and to vacate the drainage and utility easements existing between
the common or shared interior lot line between the subject lots of 100 and 112 Myrtlewood Court
in the RA, Single Family Residential District Richard Huelsmann, applicant
Mr Huelsmann was present He said the request was prompted by the sale of the property to an
individual who proposed to build one single-family home on both lots The structure will be
subject to the same setbacks and covenants as others in the development
Regarding the conditions of approval, Mr Huelsmann said approval of the city engineer is
forthcoming Regarding the condition that a legal survey be recorded, he said he had talked with
County Recorder Cindy Koosman who said her office would only need a letter stating that Lot 8
and 9 are to be taxed as one parcel Mr Huelsmann said he also had talked with City Attorney
David Magnuson who confirmed that a legal survey would not be necessary since the area is
already platted Mr Russell agreed that since this is a recent subdivision, with good legal
descriptions of the properties, a legal survey need not be a requirement
Mr Rhemberger, seconded by Mr Ranum, moved approval, eliminating condition of approval
is No 2, motion passed unanimously
6
Planning Commission
• February 14, 2000
Case No SUB/00-08 A resubdivision of lots 9, 10, 11 and 12, Block 1, Matt Hooley's Addition
into five lots Lot 1, 12,000 sq ft , Lot 2, 24,496 sq ft, lot 3, 12,749 sq ft, lot 4, 16,786 sq ft ,
lot 5, 138,038 sq ft at 1765 Northwestern Ave in the BP-C, Business Park Commercial District
Heartland Office Village, Leonard Pratt, applicant
Larry Werthein and Ron Alwin were present representing the applicant They explained that in
addition to the fact that the four existing lots don't match the actual building locations, the intent
is to create a common interest development, much like a townhouse association, in which the
common areas are owned by the tenants
Mr Rhemberger, seconded by Mr Wald, moved approval as conditioned, all in favor
Case No V/00-09 A variance to the front yard setback for construction of addition (30 feet
required, 26'2" requested) and third stall to an existing garage (30 feet required, 21'2" requested)
at 1309 Hillcrest Dr in the RB, Two Family Residential District Jay and Renee Swanson,
applicants, represented by Damin Lindquist, architect
Jay and Renee Swanson were present They explained their plans are to construct an addition
consisting of a master bedroom and walk-in closet on the south side of the home, a third stall to
the existing garage, and to tear down and enlarge an existing deck on the rear of the home They
said they had a petition signed by most neighbors supportive of their plans
During the discussion, it was noted that the only variance required is for the rear yard setback
Mr Russell stated the Swanson's garage can be as close as 20 feet, based on the average setback
of the neighboring properties Mr Russell further noted that there is good reason for the variance
in the rear, to keep the structure 30 feet away from a slope of greater than 24 percent
Mr Rhemberger, seconded by Mr Wald, moved approval as conditioned, all in favor Mr
Swanson asked how long the variance is in effect, the Swansons were told the variance is good
for two years from when a building permit is obtained
Case No SUP/DR/00-10 A special use permit for construction of a 10,744 square foot
warehouse/office building at 1900 Tower Drive (Lot 12, Block 2, Kern Pauley Addition) in the
BP-O, Business Park Office District Stillwater West LLC, Ray Kennedy, applicant
Mr Kennedy was present He stated he was aware of the 21 conditions of approval and had no
problem with those conditions Mr Wald, seconded by Mr Rhemberger, moved approval as
conditioned, all in favor Mr Russell pointed out the proposal will got back to the Heritage
Preservation Commission for further review
Other items
There was a request for a Planning Commission member to serve as a representative to the Lakes
Links Trail Group Mr Hultman volunteered to do so
2
Planning Commission
February 14, 2000
Mr Zoller again asked about scheduling a workshop Mr Russell said that will be done soon,
perhaps in March
Mr Wald, seconded by Mr Rhemberger, moved to adjourn at 7 40 p in
Respectfully submitted,
Sharon Baker
Recording Secretary
to
LI
3
PLANNING APPLICATION REVIEW FORM
CASE NO V/00-12
Planning Commission Date March 13, 2000
Project Location 610 South Broadway Street
Comprehensive Plan District Two Family Residential
Zoning District RB
Applicants Name Summer Kuehn
Type of Application anance
Project Description Variance to the side yard setback (10 ft required, 4 ft requested)
Discussion
The applicant is requesting a Variance to the side yard setback to construct a two-story
addition to the house The existing house is built 4 feet from the property line on the
north side There is a large oak tree on the south side of the house, which would be
damaged if the addition were built anywhere near it
• The exiting house sits on a double lot If it were just one lot, the request would exceed
the permitted lot coverage in the Two Family zoning district Maximum lot coverage
allowed is 30 percent
Conditions of Approval
1 The addition be similar in architectural style, color and materials as the main
structure Drainage from roof shall remain on site
2 All plans shall be approved by the City Engineer and the Building Official
3 The double lot cannot be subdivided due to the impervious surface coverage of the
house with an addition
Recommendation
Approval as conditioned
Findings
1 That a hardship peculiar to the property, not created by any act of the owner, exists
In this context, personnel financial difficulties, loss of prospective profits and
neighboring violations are not hardships justifying a variance
2 That a variance is necessary for the preservation and enjoyment of substantial property
rights possessed by other properties in the same district and in the same vicinity, and that
• a variance, if granted, would not constitute a special privilege of the recipient not enjoyed
by his neighbors
• 3 That the authorizing of the variance will not be of substantial detriment to adjacent
property and not materially impair the purpose and intent of this title or the public interest
nor adversely affect the Comprehensive Plan
Attachments
Application Form/Photos/Elevation Drawmg/Floor Plan/Site Plan
•
1
Case No C d
Date Filed 60
Fee Paid r1
Receipt No _
PLANNING ADMINISTRATION FORM
ACTION REQUESTED FEE
COMMUNITY DEVELOPMENT DEPARTMENT Certificate of Compliance 70
CITY OF STILLWATER _ _ Conditional or Special Use Permit 50/200
216 NORTH FOURTH STREET T Design Review 25
STILLWATER, MN 55082 y Planned Unit Development* P5500
1� Variance 200
Comprehensive Plan Amendment*
Zoning Amendment* 300
Subdivision* $100+$50/lo
Resubdivision 100
Total Fee --401`10
*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
• PROPERTY IDENTIFICATION
Address of Project 0 t) Assessor s��arcei No R. A , 030, dU, 0 UO7a
Zoning District Description of roject Aaltw
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"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 1 will comply
with the permit if it is granted and used "
Property Owner_ SLUIl1MC J7 [�ACLO Representative
Mailing Add
Telephone No
Signature
Lot Size (dimensions) 10 0
Land Area
Height of Buildings Stones
Principal
Accessory
xI
cling Address
Telephone No
Signature
SITE AND PROJECT DESCRIPTION
VF
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Total budding floor Area sq ft
Existing 1, � Lf � sq ft
Proposed 1 j 0 0 Ll sq ft
Paved Impervious Area sq ft
Number of off street parking spaces provided
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Date February 24, 2000
• To Stillwater Planning Commission/City Council
From Summer Kuehn
610 South Broadway St
Stillwater, MN 55082
RE Variance Request for Addition to Home at 610 South Broadway Street
I am requesting that a variance be granted to the 10 setback, from my homesteads Northern property line
I am requesting this to allow for a 2 story addition to the existing home's structure The purpose of this
addition is to add a family dinning area and laundry room downstairs and 2 bedrooms and a bathroom
upstairs We currently do not have a dinning room nor does my son have his own bedroom Our clothes
washer and dryer are also currently located in our kitchen The addition will remedy all of these problems
I believe that this addition will be a positive improvement not only to my own home but also to the South
Broadway neighborhood as well I am requesting that a variance be granted allowing the addition to be
built in alignment with the existing structure with only a 4 setback from the Northern property line My
reasons for requesting this variance are
1 ) The requested positioning of the addition will allow for the best utilization of the homes existing
interior space, in incorporation into the design of the addition
2) The requested variance will allow the addition to better reflect the "Grecian Victorian symmetries
with which my home was designed and built in 1860
3) The existing home is already positioned 4 from the Northern property line as no such set back rules
were in effect at that time (1860)
4) My neighbors to the North, who would be most potentially affected by the addition have their home
• situated on the Northern lot (Lot 1) of their 2 lot parcel (Lots I & 2 of block 43) This affords them a
one lot wide piece of land between their home and mine
5) The site of my proposed addition, still contains the large concrete slab from the ` Summer Kitchen
that used to be aback the home The positioning of the former' Summer Kitchen was also 4 from the
Northern property line There is also currently a small 'Play House positioned 4' from the Northern
property line This structure will be removed from its current location, if the variance is granted for the
addition
6) In the past 10 years numerous renovation projects have been undertaken in the South Broadway
neighborhood, to improve the living conditions, while retaining the heritage of the neighborhood In
fact, 6 of the 7 homes immediately adjacent to mine have undergone varying degrees of renovation in
that time span I believe that the alignment for which I am requesting the variance is the best way to
accomplish both of these ends
For the reasons stated above I am requesting that a variance be granted, allowing for a 4 setback, instead
of a 10' setback Granting this setback variance will allow for the most complimentary and functional
positioning of a 2 story addition to the West side of my home located at 610 South Broadway (lots 3 & 4
of block 43 original City of Stillwater)
Thank you or your consideration
/Zko
Summer Kuehn
Home owner
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MENO
To Planning Commission
From Steve Russell, Community Development Director
Subject Zoning Ordinance Amendment Rezoning 3 45Acres of Land Lakeshore
Residential, 20,000 square foot minimum per lot, from Agricultural
Preservation, AP, Rick and Karen Reidt, applicants
Case No ZAM/00-01
r, Date March 13, 2000
The request is to rezone lands within the 1,000 of Long Lake Lakeshore Residential,
minimum 20,000 square feet per lot This designation is consistent with the
Comprehensive Plan
Recommendation Approval
Attachment Application/Map/Letter/LR Lakeshore Residential District Ordinance
(Subd 11 1)
Case No SAM
Date Filed iv
Fee Paidy
Receipt No
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*
$500
Variance
$70/200
Comprehensive Plan Amendment*
$500
,4— Zoning Amendment*
300
Subdivision*
$100+$50
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
PROPERTY IDENTIFICATION
Address of Project 1(5c) Nifft I K- (�+ N
Zoning Distric_A . Description of Project
Assessor's Parcel Po t��tJ�10`��1
P- 0,`{�z�-c,lJ_0d p �i
"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 ►t►sii.. granted and used "
Property Owner _1 Ict 4 kv,4,\ ko A Representative
Mailing AddressI105-me LU► (le- U Al- Mailing Address
Telephone N 5 1- W (0 n Telephone No
Signature r Signature
SITE AND PROJECT DESCRIPTION
Lot Size (dimensions)
Land Area
Height of Buildings Stories
Principal
• Accessory
x
Feet
Total building floor Area sq ft
Existing sq ft
Proposed sq ft
Paved Impervious Area sq ft
Number of off street parking spaces provided
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1/31/2000
• Clayton Eckles
City Of Stillwater
Stillwater, MN 55082
Dear Clayton,
This letter is to inform you of our preliminary intentions following a meeting with the
residents of Jackson Estates and Homer Tompkins
Based on proposed plans to improve Melville Court North with curb, gutter and city
services, we support improvement of the entire street (versus only the portion that fronts
Liberty on the Lake)
With respect to the entire improvement of Melville Court, it is our position that we may
subdivide our property to include two additional lots Each additional lot will have
approximately 150 feet of frontage on Melville Court North
Sincerely,
Rick and Karen Reidt
Cc Steve Russell
E
To Stillwater Planning Commission
• From Debra R F Irvine
Date March 3, 2000
Re Reidt Property Zoning Change Request
To Whom It May Concern
Please take notice that I oppose the zoning change requested by Rick and Karen Reidt to
be heard before the Planning Commission on March 13, 2000 I am unable to attend this
meeting and request that this letter be accepted instead
I own and reside at the property north and east adjacent to the Reidt property at issue
Our neighborhood is comprised of three single-family dwellings (all part of the original
historic farm property) and two lots (as yet undeveloped) These five properties operate
under covenants agreed upon by all owners when they purchased their property These
covenants prolubit the sub -division of the lots and allow only one dwelling per lot They
were written in order to guarantee the rural, private character of the neighborhood
The owners in this neighborhood opposed annexation by the City of Stillwater We all
came to Stillwater, attracted by the character of the area and sought to retain it After
attending almost all of the City and Township meetings regarding the annexation, our
wishes were overruled by the City's and the developer's interests to make this rural area a
• city We were forced to accept a less than appealing annexation agreement, which offers
some economic guarantees for those of us former residents of the township
Now we are being asked to allow the development that we so strongly opposed to
encroach further upon our solitude by allowing one of the landowners to subdivide their
property If this owner is allowed this zoning change, it will create a domino effect with
the undeveloped lots Once the character of this rural island is invaded by one
landowner, it will be gone forever Further, while the annexation and consequent
development may be seen to benefit Stillwater significantly with hundreds of new homes,
this change in zoning will not significantly benefit the City It will however, greatly
impact those of us who live there and value the current composition of the neighborhood
It is my understanding that the Reidts are concerned about future assessments they may
incur due to road improvements to Melville Court The Annexation Agreement precludes
this from happening, therefore their argument is moot
I encourage the Planning Commission to recommend not granting the requested zoning
change It is time those of us who came to Stillwater for its character win one
Thank you for your time and consideration of this matter If you have any questions,
please feel free to call me at 430-3311 1 will be returning to Stillwater on March 18,
2000
0 Cc George and Nancy Hof
6 AsSMATES _
ErIN^ JA C K S O N E STATES
INNESOTA
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§311
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•
STILLWATER CODE
be the average of the setback of
the two adjacent main build-
ings, or 1f there 1s only one
adjacent main building, the set-
back of the main building shall
govern, but in no case shall a
setback less than 20 feet be
allowed or greater than 30 feet
be required
2 Corner yard For corner lots
where the corner side yard set-
back or front yard setback for
the main building on the adja-
cent lot on the same street is
less than the required setbacks,
the corner lot setback for the
adjacent main building shall
govern, but in no case shall a
setback of less than 20 feet be
allowed
3 Side yard When there is an
attached garage on one side of
the dwelling, the garage set-
back is five feet, provided that
no habitable floor area is closer
than ten feet from the property
line and provided that the ga-
rage is a minimum of 15 feet
from the nearest structure on
the adjacent lot
4 Side and rear yard An acces
sory structure located entirely
in the side yard at least six feet
from the main building shall
have a minimum side and rear
yard setback of five feet
(Ord No 669, 9 15 87, Ord No 860, § 1, 5-19 98)
(4) Development regulations
N
• Supp No 1
Provision
Subd 111 LR lakeshore residential district
(1) Residential buildings and uses In the
Lakeshore district, the following build
ings and uses and their accessory build
ings and uses are permitted
a Dwelling houses each occupied by
not more than one family
b Parrs, playgrounds and other open
space areas
(2) Permitted uses ivith special use permits
In a Lakeshore residential district, the
following buildings and uses and their
accessory buildings and uses are permit-
ted by special use permit
a Home occupations subject to all pro
visions of the zoning ordinance reg
ulating home occupations
(3) Accessory buildings and uses Uses and
buildings incidental to permitted or spe
cial permitted uses are subject to the
following regulations
a All accessory structures must meet
the requirements for the bluff and
shoreline set forth in subdivision 33,
shoreland management regulations
b No retaining v. alls may be con-
structed to create yard areas or sites
for swimming pools
No accessory buildings or uses that
result in the cutting of trees or clear-
ing of vegetation are permitted
Area, setback, and height regulations
Maximum building height
Main buildincr
Accessory building (garages)
Minimum lot area
CD31 12
Single Family
21/2 stones and 35 feet
1 story and 20 feet
20,000 square feet
C
2
ZONING
Prouision
3 Minimum lot width
4 Minimum lot depth
5 Minimum front yard requirements
Front yard —House
Front yard —Garage (front facing)'
Front yard —Garage (side loading)
6 Side yard
Interior
House
Garage
Corner
House
Garage
7 Rear yard (any building)
8 Frontage Requirement?
Single Family
80 feet
170 feet
25 feet
32 feet
20 feet
10 feet
5 feet
25 feet
25 feet
85 feet from OHW
35 feet
§311
'Front facing garages must be setback at least six feet more than the front wall or porch line of the house Houze
and garage setbacks are strongly encouraged to meet special design guidelines for variety of garage types and
locations (front loaded side loaded and recessed) and front and exterior side house elevations
2NVhere two or more adjacent lots do not meet street frontage requirements the driveways must be combined
(5) Design reutew Administrative design re
b Accessory dwelling units are permit
view by the community development di
ted special uses in the TR district
rector is required for all permitted and
subject to the following regulations
specially permitted buildings or uses in
1 Lot size must be at least 10,000
the Lakeshore district Building siting,
square feet
grading drainage, tree protection and ero-
2 May be located on second floor
sion control measures must be reviewed
above the garage
by the community development director
3 The accessory dwelling unit
for each development site
(Ord No 854, § 2, 2-17-98)
must abide by the primary strut
ture setbacks for side and rear
Subd 112 TR traditional residential district
setbacks
(1) Permitted buildings and uses In the tra-
4 The accessory dwelling must be
ditional residential district, the following
located in the rear yard of the
buildings and uses and their accessory
primary residence orbesetbacb
buildings and uses are permitted
from the front of the lot beyond
a Dwelling houses each occupied by
the midpoint of the primary
not more than one family
residence
b Parks, playgrounds and other open
5 Off-street parking requirements
space areas
for an apartment and single
(2) Permitted uses with special use permits
family residence (four spaces)
In a traditional residential district, the
must be provided
following buildings and uses and their
6 Maximum size of accessory
accessory buildings and uses are permit-
dwelling is 800 square feet
ted by special use permits
7 The application required de
a Home occupations subject to all pro-
sign review for consistency with
visions of the zoning ordinance reg-
the primary unit m design, de-
ulating home occupations
tailing, and materials
Supp No 1
CD31 13
/3
i
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MEMORANDUM
To Planning Commission
From Steve Russell
Date March 13, 2000
Subject A Zoning Amendment limiting garage size to 1,000 square feet and three
stalls in Lakeshore Residential, LR and Traditional Residential, TR,
Districts
The amendment is to regulate the square footage of garages in the above districts This
regulation will resemble the ordinance for garages in the Single Family Residential
• District (RA)
Recommendation Approval
Garage ordinance amendment ZAT/00-01
Garage Regulations for Lakeshore Residential LR and Traditional Residential, TA
Districts
The maximum lot coverage of all accessory buildings including attached and detached
private garages and other accessory buildings shall be 1,000 square feet or ten percent of
the lot area, whichever is less