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HomeMy WebLinkAbout2000-07-10 CPC Packet1 • .I water. T " MIMING rCONINITSSION CITY OF STILLWATER NOTICE OF MEETING The Stillwater Planning Commission will meet on Monday, July 10, 2000, at 7 p m in the Council Chambers of Stillwater City Hall, 216 North Fourth Street Approval of Minutes of June 12, 2000 AGENDA 1 Case No SUP/00-37 A special use permit to change use of an existing nonconforming building from retail sales to mixed use (retail, service, office and residential) at 215 North William (Valley Co-op Market) in the RB, Two Family Residential Distnct Country House Inc , Gregory Johnson, applicant 2 Case No SUB/00-43 A subdivision to combine two lots, Lot 20 and 21, Block 11, Churchill Nelson and Slaughter s Addition into one lot of 10,800 square feet in the RB, Two Family Residential District Scott Junker, applicant 3 Case No SUP/00-44 A special use permit to place a food concession wagon and/or popcorn wagon with outside eating at 314 East Chestnut Street in CBD, Central Business District Mike and Sandy Hudson, applicants r a • 4 Case No V/00-45 A vanance to the side yard setback (5 feet required, 3 '/2 feet requested) for the construction of a 9 x 12 foot shed with a gazebo at 518 Dubuque Street South in the RB, Two Family Residential Street Dannka Zizich, applicant 5 Case No V/00-46 A vanance to the front yard setback (30 feet required, 13 feet requested) for the construction of a 24 x 24 foot detached garage at 1002 West St Croix Avenue in the RA, Single Family Residential District Richard Rossbach, representing John and Faith Hadfield, applicants 6 Case No V/00-47 A vanance to the rear yard setback (25 feet required, 12 feet requested) and the side yard setback (5 feet required, 1 53 feet requested) for the construction of a two -stall detached garage at 1342 South Third Street in the RB, Two Family Residential Distnct John and Lisa Diednch, applicants 7 Case No V/00-48 A vanance to the front yard setback (30 feet required, 28' 6" requested) for the replacement of an existing porch at 721 North Third Street in the RB, Two Family Residential Distract Marley Smith, applicant 8 Case No V/00-49 A vanance to the front yard setback (30 feet required, 25 feet requested) for the construction of a 2 Y2 - 3 stall garage at 721 South Greeley Street in the RB, Two Family Residential Distnct Steven and Nancy Breems, applicants 9 Case No 377 A review of special use permit and possible modification to an existing special use permit for a self-service petroleum service station in conjunction with a food market (approved in September, 1980) at Croixwood Boulevard and County Road 5 in the CA, General Commercial Distnct Other items CITY HALL 216 NORTH FOURTH STILLWATER MINNESOTA 55082 PHONE 651-430-8800 • • • City of Stillwater Planning Commission June 12, 2000 Present Jerry Fontaine, chairperson Glenna Bealka, Robert Gag, Russ Hultman, Dave Middleton, John Rhemberger, Darwin Wald and Terry Zoller Others Community Development Director Steve Russell Absent Karl Ranum Mr Fontaine called the meeting to order at 6 p m Approval of minutes Mr Wald, seconded by Mr Rheinberger, moved approval of the minutes of May 8, 2000, all in favor Case No CPA/00-01 A Comprehensive Plan Amendment changing the land use designation of lands in the Phase II expansion area between McKusick Road and Boutwell Avenue east of Manning Avenue in the following ways 24 acres from Large Lot Single Family to Townhouse Residential, 19 4 acres from Townhouse Residential to Small Lot Single Family, and 16 9 acres from Small Lot Single Family to Parks and Open Space US Homes, applicant Mr Russell reviewed the land use plan for the expansion area designated in the Comprehensive Plan as Phase II and the requested amendments With the exception of the three requested changes, the land use will remain the same He further noted the City is interested in purchasing a 60-acres parcel near Boutwell Cemetery, across Boutwell Avenue from the proposed new development, for a public works facility and active park, he said the City is working with the Township in developing park plans Mr Russell stated that Washington County has some concerns regarding access to Boutwell and will require a left -turn lane on Manning Avenue to Boutwell He noted that generally flat sites close to major roads are better suited to higher density use, as is being proposed The townhouse units will be setback 160 feet from Manning Avenue and there will be a substantial berm to minimize the views on Manning, there also will be some beaming on Boutwell, though not as extensive Bill Pntchard of Orrin Thompson Homes noted the proposed development has an overall density of 2 5 units per acres, well under the City's guidelines He stated the requested changes were an effort to minimize environmental issues and move the higher density development to closer proximity to a major artenal and to a flat site where soils are more compatible to such development He showed graphics to illustrate the potential impact on views from Manning and Boutwell Dean Johnson, land use consultant for Stillwater Township, asked that a memo he had sent regarding the requested changes be included in the record • • • City of Stillwater Planning Commission June 12, 2000 Steve Ogberg, 7940 Neal Ave , questioned the size of the park by the townhome units, he suggested the area is not large enough to be a usable park, just large enough to require mowing Mr Pntchard responded that Orrin Thompson Homes has dedicated 42 acres of land for park/open space use Mr Russell said a major park of seven acres will be provided It is the City's responsibility to improve the parks, and the City will be working with neighbors in an effort to provide the amenities they desire The resident of 1220 McKusick Road asked where the new access road off McKusick would be located and whether it would impact his property Mr Pntchard explained that all of the nght-of- way is located on US Homes property abutting the property at 1220 McKusick Road Mr Rhemberger moved approval of the requested Comprehensive Plan Amendment changes based on geography and environmental issues Mrs Bealka seconded the motion, motion passed unanimously Case No ZAT/00-02 Zoning Ordinance Text Amendment establishing a new Cove Cottage Residential Distnct, Case No ZAT/00-03 Zomng Ordinance Text Amendment establishing a new Cove Townhouse Residential Distnct, Case No ZAT/00-04 Zoning Ordinance Text Amendment establishing a new Cove Traditional Residential Distnct US Homes, applicant Mr Russell explained the Cove Traditional District would include lots of 15,000 square feet, accessory units would be allowed as conditioned as they are in the Liberty on the Lake development The Cove Residential Distnct lots would be a minimum of 7,00 square feet and would average 10,000 square feet as proposed The Townhouse Residential units would be 3,000 square feet and have a maximum height the same as the Traditional Distnct, 160 townhouse units are proposed Following review of the proposed Planned Umt Development, Mr Rhemberger, seconded by Mr Wald, moved approval of ZAT/00-02, all in favor Mr Rheinberger, seconded by Mr Hultman, moved approval of ZAT/00-03, all in favor Mr Rheinberger, seconded by Mrs Bealka, moved approval of ZAT/00-04, all in favor Case No ZAM/00-04, a Zoning Map Amendment designating 48 1 acres of land from Agncultural Preservation (AP) to Cove Cottage Residential (CCR), Case No ZAM/00-05, a Zoning Map Amendment designating 16 1 acres of land from Agricultural Preservation (AP) to Cove Townhouse Residential (CTHR), Case No ZAM/00-6, a Zomng Map Amendment designating 4 5 acres of land From Agncultural Preservation (AP) to Cove Traditional Residential (CTR) US Homes, applicant Following review of the proposed Planned Umt Development, Mr Rhemberger, seconded by Mr Hultman, moved approval of ZAM/00-04, all in favor Mr Rhemberger, seconded by Mr City of Stillwater • • • Planning Commission June 12, 2000 Wald moved approval of ZAM/00-05, all in favor Mr Rhemberger, seconded by Mr Hultman, moved approval of ZAM/00-06, all in favor Case No PUD/00-41 A Concept Planned Unit Development approval for mixed use residential development consisting of 160 townhouses, 209 coved cottages, 11 traditional residential, and parks and open space located on 150 acres of land in the Phase II expansion area east of Mammng Avenue between McKusick Road and Boutwell Avenue US Homes, applicant Mr Pntchard of US Homes reviewed the coving concept and provided preliminary design elevations He said the development will incorporate the natural features of the site US Homes will be working with city staff in developing streetscapes Greg Frank, also of US Homes, explained the curvilinear design of coving, in which lot setbacks are vaned to give the impression of spatial change It was noted there are only 11 traditional residential lots The intent is to give these homes a separate identity due to their proximity to existing homes City Engineer Klayton Eckles noted the site is not sewered or watered and it will be quite an undertaking to provide services to the development He also noted there are some issues with the traffic capacity of Boutwell Avenue, and there may be some improvements to Boutwell in the short-term Mr Eckles pointed out Washington County had proposed a traffic signal at County Road 12/15, and he said that will be important to improving the access for the US Homes development Mr Eckles further noted that the City is trying to protect Brown's Creek and the developer will be required to contribute to the mitigation project fund Mr Eckles also stated that the developer is incorporating an infiltration system into the design in addressing environmental issues He stated the developer has been very cooperative in working with the City Mr Rhemberger, seconded by Mr Middleton, moved approval with the 21 conditions of approval, all in favor Case No SUB/00-42 Preliminary plat approval for a subdivision of 152 acres of land into 220 single family lots, 15 townhouse lots (150 HUs) and 8 outlots (parks and open space and CR 15 nght-of-way) in the Phase II expansion area US Homes, applicant Mr Rhemberger, seconded by Mr Hultman, moved approval, motion passed unanimously Case No SUB/00-24 A resubdivision of a lot located at 1221 N Broadway into three lots of 17,292 square feet, 29,580 square feet and 36,764 square feet in the Single Family Residential Distnct Tom Brownson, representing George Middleton, applicant The applicant was not present 3 • • • City of Stillwater Planning Commission June 12, 2000 Ruth Steinmetz, 1117 N Broadway, expressed her concern about the proposal An unidentified gentlemen spoke on behalf of several elderly residents who are concerned about the financial impact of sewenng the area which the resubdivision would require Mr Zoller noted the City is currently doing a feasibility study for providing water/sewer services to the entire North Hill area Mr Rheinberger, seconded by Mr Hultman, moved to deny the request, motion passed unanimously Case No SV/00-31 A street vacation of the west 20 feet of Sunset Dnve to the southwest corner abutting Lot 5, Block 3, rearrangement of Radley Sunnyslope Addition in the RA, Single Family Residential Distnct Ryan Smith, applicant Case No V/00-38 A vanance to the street setback (30 feet required, 13 feet requested) for construction of a detached garage at 127 Birchwood Dr N in the RA, Single Family Residential Distnct Ryan and Brandon Smith, applicants Mr Wald abstained from these two cases Ryan and Brandon Smith were present The Smiths said the requested street vacation is the westem 20 feet of the platted nght-of-way, most of adjacent property is city -owned Mr Rhemberger, seconded by Mr Gag, moved approval as conditioned, all in favor, with Mr Wald abstaining Regarding the requested setback vanance, the Smiths explained the setback is needed in order not to jeopardize two existing trees The design of the new garage will be identical to their neighbor's The Smiths said they would like to keep an existing single -car garage for storage of equipment Mr Rhemberger moved approval as conditioned Mrs Bealka seconded the motion Mr Hultman noted with the two garages, the Smiths would have accessory buildings totaling 1,200 square feet, 200 over the City's maximum allowable Mr Hultman suggested that the City has a standard that should be held to Motion of approval as conditioned passed 4-3, with Mr Gag, Mr Middleton and Mr Hultman voting no and Mr Wald abstaining Mr Russell suggested adding a condition that the vanance is invalid unless the Council takes action to grant the street vacation, that was added to the conditions of approval Case No SUB/00-33 A resubdivision combining two lots into one lot at 314 Chestnut St in the CBD, Central Business Distnct Mike and Sandy Hudson, applicants 4 • • • City of Stillwater Planning Commission June 12, 2000 Sandy Hudson was present She said the intent is to provide a rear entrance to the gift shop located in their building In order to do so, the two lots need to be combined Mr Middleton, seconded by Mr Wald, moved approval as conditioned, motion passed unanimously Case No ZAM/00-3 A zoning map amendment to rezone from Agncultural Preservation, AP, to Single Family Residential District, RA, a 55,524-square-foot parcel at 7970 Neal Ave N , Lot 3, Block 2, Neal Meadows Wesley Investments Inc , Jon Whitcomb, representing Michael G Gibson, applicant Case No SUB/00-34 A subdivision of Lot 3, Block 2 Neal Meadows, 7970 Neal Ave N into three lots - of 31,254, 12,001 and 11,999 square feet Wesley Investments Inc , Jon Whitcomb, representing Michael G Gibson, applicant Mr Whitcomb was present He noted that all three lots meet City guidelines The lots will be connected to city water and sewer Street frontage is on Creekside Crossing The existing mam house will remain Mr Whitcomb said he will be working with City Engineer Klayton Eckles regarding utility easements Only two of the lots are stubbed into city services, the applicant will have to pay the cost of providing the extra service Steve Ogberg, 7940 Neal Ave , expressed a concern that with all new development bnnging sewer up from Creekside, it might be difficult to provide services to his lot in the future Mr Whitcomb said services will be available in the future as development occurs Mr Fontaine advised Mr Ogberg to speak with Mr Eckles about his concerns Mr Rheinberger, seconded by Mrs Bealka, moved approval of ZAM/00-3 all in favor Mr Rheinberger, seconded by Mr Wald, moved approval of SUB/00-34 as conditioned, all in favor Case No V/00-35 A vanance to the front yard setback for construction of a deck at 219 Sherburne St N in the RB, Two Family Residential Distnct Dan Magnuson, applicant Mr Magnuson was present He explained the deck would be 21 feet from the property line The neighbor to the north is closer to the property line than he is requesting Mr Gag, seconded by Mr Middleton, moved approval as conditioned, all in favor Case No SUP/00-36 A special use permit to transfer the operation of the Ann Bean Mansion Bed and Breakfast at 319 W Pine St in the RB, Two Family Residential Distnct John Wubbels, applicant • • • City of Stillwater Planning Commission June 12, 2000 Mr Wubbels was present He is the former owner of the B&B and aware of the conditions He noted that the permit to conduct special events should be included in the request but was inadvertently omitted Mr Hultman, seconded by Mr Wald, moved approval as conditioned, adding that special events be permitted as allowed and conditioned by City ordinance Motion passed unanimously Case No SUP/00-37 This case was continued to the July 10 meeting Case No SUP/00-39 A special use permit for use of a 225-square-foot storage area for a classroom at 413 Greeley St S in the RB, Two Family Residential Distnct Valley Preschool applicant Joe Thompson was present representing Valley Preschool He said the request is to use an existing storage area for special projects involving woodworking He said the there would be no increase in the number of students enrolled, it would be an additional activity for currently enrolled students Mr Fontaine asked why staff had recommended denial Mr Russell said the request represents an expansion of use The request made last year was to use the space for storage, not for student use Mr Middleton noted the applicant could have put a table in the room and never made a request for approval of the use Mr Rheinberger, seconded by Mrs Bealka, moved approval as conditioned, motion passed unanimously Case No V/00-40 A vanance to the side yard setback requirements for construction of an attached 7-car garage at 901-909-913 S Fourth St in the CA, General Commercial, and RB, Duplex Residential Distncts Steve Meister, applicant Mr Meister was present and handed out some revised architectural elevations aimed at creating more interest in the roof line He said he does not own the property at 913 S Fourth St but plans to purchase the property is the vanance is granted He referred to the continual problem of providing residential off-street parking in an area where there are commercial uses on all four corners of the intersection of Fourth and Churchill streets He also stated he thought one large garage would have less impact that separate ones built to maximum capacity Ellie Samuelson, the neighbor to the east, was present and spoke in favor of the proposal Another neighboring property owner said his only concern was with drainage Mr Meister responded that all the dnveways would be sloped toward Fourth Street • • • City of Stillwater Planning Commission June 12, 2000 Mr Rheinberger agreed with Mr Meister's opinion that one garage would have less impact than two or three Mr Gag said he didn't think the proposal fit the neighborhood Several members spoke of a concern regarding the possibility that in future the three lots might not be in the same ownership Mr Hultman and Mr Wald both noted that it would be possible to built three attractive garages, rather than one large structure Mr Zoller said he thought Mr Meister's proposal would be most attractive, and Mrs Bealka agreed that the proposal would improve the neighborhood Mr Zoller, seconded by Mr Rhemberger, moved approval as conditioned, with the additional condition that all drainage remain on site Motion failed 3-5, with Mr Zoller, Mr Rheinberger and Mrs Bealka voting in favor, Mr Gag, Mr Middleton, Mr Hultman, Mr Wald and Mr Fontaine voting against Case No TIF/00-1 Review of Tax Increment Financing Distnct #8, Long Lake Villas, located west of CR-5 and north of 62nd Street North for conformity with the Comprehensive Plan City of Stillwater, applicant Mr Russell explained the request is to remove the single-family lots from the TIF distnct Mr Rheinberger, seconded by Mrs Bealka, moved approval, motion passed unanimously Final elevations of the rental townhomes of Long Lake Villas were provided The five buildings will be similar in design to the townhomes Mr Rhemberger, seconded by Mrs Bealka, moved final PUD design approval, motion passed unanimously Case No SUP/88-60 Review and possible modifications to an existing special use permit for transient charter and excursion boats located on the St Croix River south of the Dock Casf in the RB, Duplex Residential Distnct, and Bluffland Shoreland Distnct St Croix Boat and Packet Company, applicant Present were Richard Anderson and his attorney Bob Bnggs and Bobby Anderson and Bnan Anderson Mr Bnggs bnefly reviewed the history of the charter boats and use of the docks that began m 1985 He said since that time, Mr Anderson has maintained 5-6 boats, with one docked at Sunnyside and boarded at the city docks The annual dock permit has always allowed four boats to be docked at the city docks, he said Mr Briggs said the proposed modifications to the permit, represent a substantial change to Mr Anderson's business — not allowing the fifth boat to be boarded downtown would essentially put that boat out of business Mr Bnggs further stated a special use permit never was issued, the special use permit is the use that has been allowed for the past 12 years Mr Russell responded that a special use permit was issued in 1988 and includes five conditions • • • City of Stillwater Planning Commission June 12, 2000 Regarding the proposal to provide restrooms, Mr Anderson noted that no downtown business provides public restrooms He noted that the city has public restrooms nearby, but they are not maintained and not usable He said he would have no problem providing restrooms if located and maintained on his property, he noted that is contingent on building the new ticket office, which seems unlikely this year Mr Anderson further noted that having a restroom located on the docks, as suggested in the conditions of approval, is no longer an option according the DNR/Corps of Engineers Mr Anderson also expressed a concern about listing the capacity of the boats as indicated in the conditions of approval, saying it puts the maximum allowable Coast Guard capacities in jeopardy Mike Maguire of the Dock Cafe spoke in opposition He said the concern is not with Mr Anderson providing public restrooms, but rather providing restroom facilities for his customers waiting to board the boats Mr Maguire said his other concern is with the fact that Mr Anderson's request doubles the capacity of the boats in the dock permit issued last year Mr Maguire further stated Mr Anderson's permit is for four boats and excludes bnnging in other (charter) boats to the dock At the end of the discussion, Mr Anderson agreed to provide a minimum of two restrooms for his customers and communicate to the customers the location of the facilities If a permanent structure is not built, satellite facilities will be provided It was agreed to go through the proposed conditions of approval individually It the consensus that the condition regarding maximum capacity of the boats should be in the dock permit, rather than the special use permit Mr Rhemberger, seconded by Mr Wald, moved to delete condition of approval No 1, motion passed unanimously Mr Rhemberger, seconded by Mr Middleton, moved to delete condition of approval No 2, motion passed unanimously Mr Middleton, seconded by Mr Wald, moved to delete condition of approval No 8, motion passed unanimously It was agreed to add a condition that the permit be subject to annual review, Mr Rhemberger, seconded by Mr Wald, made that in the form of a motion, all in favor Mr Zoller noted the City Council had acted to address noise complaints by requinng noise on the transient docks to be kept to a minimum after 10 p m and prohibiting the charter boats to play music after the boat comes into the dock Mr Rhemberger, seconded by Mr Middleton, moved to include those Council's actions as conditions of approval, all in favor Mr Rhemberger, seconded by Mr Middleton, moved approval with the amended conditions of approval, motion passed unanimously Mr Wald, seconded by Mrs Bealka, moved to adjourn at 10 25 p m , all in favor Respectfully submitted, Sharon Baker Recording Secretary • • • PLANNING APPLICATION REVIEW FORM CASE NO SUP/00-37 Planning Commission Date July 10, 2000 Project Location 215 North William Street Comprehensive Plan District Two Family Residential Zoning District RB Applicants Name Sara and Garry Gilberg and Gregory Johnson Type of Application Special Use Permit Project Description A Special Use Permit to change use of an existing nonconforming building from retail sales to mixed use (retail, service, office and residential) Discussion Sara and Garry Gilberg are negotiating with building owner, Gregory Johnson to move their small electrical contracting business into the front of the building using about 2500 sq ft for office and storage They have three office employees that would be parking on site Their electncians take their trucks home Generally, they have the electrical matenals shipped directly to the job, so they do not expect many trucks coming and going from the above building The other half of the building would be rented They are considenng renting it to a small repair shop, some type of service business or other office space They are also considenng a residential apartment There will be one sign on the front of the building that will be brown 8" high Iettenng and it will say "Summit Electnc" The sign will be lit using two gooseneck Tight fixtures Conditions of Approval 1 No additional signage by the 2 All space users other then electrical contractor use shall be approved Planning Commission at a public heanng 3 The trash enclosure shall be made of a sturdy solid masonry material, with trash receptacles screened from view and compatible with the color and matenals of the project 4 All security lighting be downlit Neighbors must not see the light source 5 All utilities shall be completely screened from public view • • • Recommendation Approval as conditioned Findings Special Use Permit The proposed use will not be injurious to the neighborhood or otherwise detrimental to the public welfare and will be in harmony with the general purpose of the zoning ordinance Attachments Application Form/Letter/Two Site Plans/Sign Elevation Case No SV/ 9I2 s7 • • Date Filed Fee Paid ' /Z4-/ Zl) Receipt No ta• 13 t.1_' PLANNING ADMINISTRATION FORM COMMUNITY DEVELOPMENT DEPARTMENT CITY OF STILLWATER 216 NORTH FOURTH STREET STILLWATER, MN 55082 ACTION REQUESTED Certificate of Compliance X Conditional or Special Use Permit Design Review Planned Unit Development* Variance Comprehensive Plan Amendment* Zoning Amendment* Subdivision* Resubdivision Total Fee FEE $25 $500 $70/200 $500 $300 $1 00+$50/lo $100 *An escrow fee is also required to cover the costs of attorney and engrneenng 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 alS N 144 //;o-, . $' Zoning District Description of Project Chi R ,2b' 630 ;0_ 3/_ 0658 Assessor's Parcel No Rai o3o_ao �/ vas �o o f I se... Fro,.- re/ -{') n eo( L d Aye l c�eS Ho /4vyer /n A4 e i n�.. , rS of- V')-.1..¢a, {row-6 ea iv.- -" ,o,v. 61 PP r i ✓� o ✓ "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 it is granted and used " Property Owner eeadr y Sz- 2 c _ Representative 're,o r y 7;4 ce- Mailing AddressP4 Rex SVcPl /La Mailing Address Telephone No 6s7 '5'3y -/a66 Telephone No Signature Signature .1-411-'711) W . ,.., rel.-, 5e i cQ- / oFr; cQ and res?' 1 SITE AND PROJECT DESCRIPTION Lot Size (dimensions) /ar x /a6 Land Area /S,,; so Sy (f Height of Buildings Stories Feet Principal Accessory Total building floor Area SDDO sq ft Existing sc Q sq ft Proposed no c%any e, sq ft Paved Impervious Area / 3 aoo sq ft Number of off street parking spaces provided /8 ,WtArLee/ t un ►n4►' cl -7✓� Revised 5/22/97 ` / '9 -2 J "l • • • June 15, 2000 To City of Stillwater Planning Commission We are negotiating with Greg Johnson to purchase the old Valley Coop building We are interested in moving our small electrical contracting business into the front part of the building We need approximately 2500 sq ft for office and storage We have three office employees who would be parking on the site Our electricians take their trucks home, and we generally have materials shipped directly to the job, so there are not many trucks coming and going from our place of business We are interested in this particular building because we live one block away at 225 N Greeley We have a six -year -old son who is a first grader at Lily Lake School, and we want to work in town so we can remain in close contact with him Because we live in the neighborhood, and would be the main tenants of the building, we believe we would be the best fit for the neighborhood However, we would have to lease out the remaining half of the building in order to make it work financially We have not yet been able to collect quotes for building out the space — and at the present time we have no idea of what type of tenant we would be able to find We are considering a vanety of small businesses perhaps a small repair shop some type of service business or other office space We are also considering a residential apartment at the -back of the building All of this is contingent on financial feasibility Therefore we wish to request a blanket Conditional Use Permit for the building Please be assured that we would work hard to keep impact on the neighborhood to a minimum We are sensitive to the traffic, noise, and lighting issues that a commercial building brings to a residential neighborhood, and since this is our neighborhood, we would have considerable interest in keeping the impact low Sincerely, c,4 Sara & Garry-Cnlberg 6,5,, 4avrs Id,� - dp..� • • • S4-2 Qi SUMM I T LETR\C Go05-�..,_a_c_ k ? I/ hi ? 1-Pto , a DC-6 v.)"- 1ij-i-ti� le-11Rrs rrule.0 r.led, a,. IN);1 d — lit- &vj.ej +0 17 s:i" , yiof otr 4 0 oz,....1'cN., _ a ereal AR Se.c v r i%y 14- 3o.ra,. or Carr ‘4 )b�0 73/ o3?--I Y Pt_ Y39 73 2?5 • • • • • - r • -T 4 - I • 1 , 1 41, 1 1 T - r 1 -• 1 d's. L �h Z'c5o 'L I 1 1 1 1 —L — T--1- ' - —+ I 1 I 1 ' I - �_ (.�� I I t I 1 I 1 I � - I --I - 1• I 1 I 1 _ -r I ' 1 I 1 ,4 - • - 1! • I -74-4(49 • er) _._ / a it z _ 1 I ---r - II I I - I ------I— - - r -----I I - ' -I-- 1 I I I L_ _ ' I 4LJ.,-II I1- - -+ -- - �_! I I - ' - I 1 I I I 1 Ave, ',„ 6Fh 19 ' ily ,,,,4 Ar-cc, „‹. „,!,,f4f • • • PLANNING APPLICATION REVIEW FORM CASE NO SUB/00-43 Planning Commission Date July 10, 2000 Project Location 923 South Sixth Street Comprehensive Plan District Two Family Residential Zoning District RB Applicants Name Scott Junker Type of Application Subdivision Project Description A Subdivision to combine two lots Discussion The applicant is requesting approval to combine two lots, Lot 20 and 21, Block 11, Churchill Nelson and Slaughter's Addition Each lot is 40 ft by 135 ft , which is 5400 square feet each Both lots as they are now are nonconforming lots according to the zoning ordinance The minimum square footage of a lot in the Two Family Residential Distnct is 7500 square feet Combining the lots will create one conforming lot Conditions of Approval 1 The legal survey will be filed at the county 2 Review and approval by the City Engineer Recommendation Approval as conditioned Findings The subdivision meets the development regulations of the zoning and subdivision ordinances Attachments Application Form/Parcel Map • • • Address of Project g a G..'%--, Case No Date Filed Fee Paid 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 Toth1 Fee FEE $70 $50/200 $25 $500 $70/200 $500 $300 $100+$5C $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 PROPERTY IDENTIFICATION (;"1-h - Assessor's Parcel No IQ-33-v2oaoy.,7 Zoning Distnct Description of Project "1 hereby state the foregoing statements and all data, information and evidence submitted herewith it all respects, to the best of my knowledge and belief, true and correct I further certify I will comply with the permit if it is granted and used " Property Owner �rn �) u NA ea— Representative Mailing Address P 4 db0 \--)T—) Mailing Address Telephone No l°I - ) ?i d �j Telephone No Signature ��. „�: // ature Lot Size (dimensions) SI 'E AN x Land Area Height of Buildings Jtofr Feet Principal Accessory • PROJECT DESCRIPTION Total building floor Area %(1() sq ft Existing sq ft Proposed sq ft Paved Impervious Area sq ft Number of off street parking spaces provided _ Revised 5/22/97 Location Map -p L 0 2(u138) 135 24 135 0 0 44. 23(0137) 135 22 135 11 21 0 (0136) 135 0 20 (0135) 135 0 1(�0134) 135 � 18 135 Get 17 0 (0133) 135 16 R21 W R2OW RI9W R22W R.IW ,ow Vicinity Map o ao Scale in Feet Tn Ywry99. .Od mnd40m rn d Irk rmm avN/ ,I�n m�Arp Yofl b'd�rR� ON/ Wnd�m Ca•h M Wel m 4. OOT MOR AL MO V,d•', San,000 --WASHINGTON:COUNTY LAND RECORDS 14949 62nd STREET NORTH • PO BOX 6 • STILLWATER MN 55082-0006 FAX 430-6178 •• PHONE 430-6181 Combining Real Estate Parcels into One Tax Parcel. Under MN Statutes, owners of contiguous property, which has exactly the same owners fisted for the property and meets certain other conditions may combine the parcels into one tax statement To -be combined,_the following conditions must be met • The parcels must have exactly the same (identical) ownership The parcels must be contiguous (bordering) and m the same plat If the parcel is unplatted, they must be in the same section/township/range Apphcation will not be processed until current year's taxes are paid in full All parcels must be taxed the same (city, township, TIF, Green Acres, etc ) All Special Assessments must be paid on all parcels or recertified by the city or town for the new parcel CAUTION Parcels of property that have been combined cannot be divided again without munscipality approval and if location is in a township Washington County TPLL Department must also approve Combined prope Owner (Applicant) Name will be reflected on the next year's statement — 11\ :—..\1\-ci,\I\e(2-, Address Ca. GUv ,- —b 1' Parcels to be combined Signature _ \�yii1\1'n\I 0.?6 ,g6 ),;t Dgc - Washington County does not discnminate on the basis of race color nab Date ex religion age and handicapped status in employment or the provision of services - y e • • i PLANNING APPLICATION REVIEW FORM CASE NO SUP/00-44 Planning Commission Date July 10, 2000 Project Location 314 East Chestnut Street Comprehensive Plan District Central Business District Zonmg District CBD Applicants Name Mike and Sandy Hudson Type of Application Special Use Permit Project Description A Special Use Permit to place a food concession wagon and/or popcorn wagon with outside eating Discussion This is a request for a Special Use Permit for an outside concession stand and seating m a small "park" located on the corner of Water Street and Chestnut Street This area is now combined with Darla's Grill which is on the corner of Main Street and Chestnut Street The applicant's own both sites which have been combined to form one parcel Outside eating in the tittle park would include 10 — 12 umbrella tables All outside seating and the concession stand would be opened when weather permits from April 1st to November 1 s< There will be a 3 '/2 foot high black wrought iron "type" fence around the site It will have two openings, one on the east side and one on the south side Final design of the area and the concession stand/popcorn wagon will be reviewed and approved by the Heritage Preservation Commission before it is installed The owners have other tenants and need to provide dumpsters for them. All the dumpsters will be enclosed on the north side of the site The applicant's will talk about what type and materials used at the meeting There will be no additional signage or lighting Conditions of Approval 1 Approval of final design by the Heritage Preservation Commission before installation 2 No additional signage, including signage on umbrellas 3 Reviewed by the Planning Commission upon complaint Recommendation Approval as conditioned Findings • • • The proposed use will not be injurious to the neighborhood or otherwise detrimental to the public welfare and will be m harmony with the general purpose of the zoning ordinance Attachments Application Form • • • Case No Date Filed ' PA Fee Paid ` 2,,, Receipt No 74e)-M 5vp 60-4 V 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 Zoning Amendment* $300 Subdivision* $100+$5( 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 3' Address of Project 7 E es % v Z J-6 - Assessor's Parce No A2-21050 -0 9/ Z ing District Description�of Project � D /�.c� a_-l�ra� Cenc_ ss 1 c,�, �.r{ � �,4� 1 TA C u`its Oh /�fc /G / sie- r oOC_ eM� � ?- � x � � .cam L' �c�� G"t.--/ r A- "1 hereby state the foregoing statements and all data, information and evidence submitted herewith ii a!1 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 a,,c,..... used " Property Owner*��chr °`eitiDy Mailing Address �23G T / me". ,Qr,�,,s AP"$2 '1 9-�.3-� Telephone No Signature % r .,0o,,.J SITE AND PROJECT DESCRIPTION Lot Size (dimensions) 3 x VU Land Area Height of Buildings Stories Feet Principal Accessory • Representative Mailing Address Telephone No Signature Total budding floor Area sq ft Existing sq ft Proposed sq ft Paved Impervious Area sq ft Number of off street parking spaces provided Revised 5/22/97 RIIW RIOW RI9W DIN NI1111 37IN T31N■� 131N DON M DON ,��� c I • • • PLANNING APPLICATION REVIEW FORM CASE NO V/00-45 Planning Commission Date July 10, 2000 Project Location 518 Dubuque Street Comprehensive Plan District Two Family Residential Zoning District RB Applicants Name Darinka Zizich and Steve Brown Type of Application Variance Project Description A Variance to the side yard setback (5 feet required, 31/2 feet requested) for the construction of a shed and gazebo Discussion The applicant's have built a 9' x 12" (104 sq ft) shed into a hill on the northwest corner of their property The shed height is 8' with 1' of the wooden roof above ground on the west side The shed is approximately 90% completed Siding and doors are all that is left to finish the project The applicant's located a lot marker that was were the previous owner said the lot line was The shed is 5'h feet from that marker They are also intending to construct an addition to the house They hired Barry Stack, a surveyor to survey the lot for the addition He place the western boundary marker 4 feet east of the original marker, causing the shed to be 1 '/2 feet from the property line In addition to the shed, the applicant s are requesting approval to construct a gazebo on top of the shed The gazebo would be 9' x 9' It would be placed about 4' east of the property line Conditions of Approval 1 Review and approval by the City Engineer 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 1 • • • 2 That a variance is necessary for the preservation and enjoyment of substantial property nghts 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 vanance 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/Letter/Parcel Map/Photos/Survey/Letter from former owner - Duane Seaquist and response from City Attorney, David Magnuson • • • RCPT# 47if 17 CHECK # / 00 / Case No Date Filed Fee Paid 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* 1><.Yariance Comprehensive Plan Amendment Zoning Amendment* Subdivision* Resubdivision Total Fee FEE $70 $50/200 $25 $500 Y200 500 $300 $100+$E $100 *An escrow fee is also required to cover the costs of attorney and engmeenng 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 16 DS 9+ 1S4i thk rAssessor's Parcel No %K Zoning District [Yescription of Project _ - / .edZ \SA-Qd - UunO4, //7/10 /7/// — w/ li "I hereby state the foregoing statements and all data, information and evidence submitted herewith all respects, to the best of my knowledge and belief, true and correct I further certify I will comply with the permit if it is granted and used " . 0,0,71 r vd/ 4- ' Property Owner-0,4k//ii/''4 'Z./ea1 C/7`' RepSteve &va)1-? Mailing Address .5/,QUA UgUE _SO Mailing Address 5/0 AL./7 .Q Telephone No (5/) 35/-5 /33, 4u -333-S5 /'elephone No 3s/- 5-4/3� Signature C'd` , Signature SITE AND PROJECT DESCRIPTION Lot Size (dimensions) £6./S/ x /32 Y9 Land Area - 43?-4,3 Height of Buildings Stories F et Principal _sheet, ?-' 9 ' Accessory t'ce� ; /a-' - i5 v Total building floor Area Existing /0 g sq ft Proposed /U S sq ft Paved Impervious Area sq ft Number of off street parking spaces provided /o8 sq ft Revised 5/22/97 • --(o- 709 500 717 725 805 • -809 E HUDSON ST 901 • .907 906 911 9.15 9.19 94 18 923 927 l 131� 935 924 936 E ST -1003 1004 1009 `,008 1015 • 101b 1016 1101 1024 1105 1032 1°113 1036 EAST 0 D 0 z F- I 911 • 949 9?.5 920 = 903 926 0 932 � 923 935 DUBUQUE 1005 1002 1009 1015 1006 1014 101°9 022 1023 • 1030 506 818 937 . gld STREET 1001 LLJ !00 �0 1PA 1 b 1 4 D -' -- 2 .608 618 BURLINGTON STREET 503 ' 0 • 1204 1209 • 1213 1212 0 o 1220 0 12.15 ' 1222 • r- 0 w z 603 1 _ 1205 j_ 1204 1209 1215 1214 1221 1224 12.13 4 1230 1- 0 w 0 1- 1- 0 0) w • 1015 0 1029 . 1035 121-3 122 R2IW R2OW RI9W R22W RIIW R2OW Vicinity Map 0 210 Scale in Feet ed r4Wmn al sY nerds as My K> artuaVientspatCasty a �e..�amid a,�ter dwVimiageot Cony rol n apaaEY b wV imam. Boni Waympan Cawv 9.awr ama e ne. (0) mm! Now df NOW -- 0cumm on v`m -k..a lEm • • • Darinka Zizich 518 Dubuque Street Stillwater, MN 55082 Dear Planning commission/city council June 20, 2000 We built a 9' x 12' (104 sq ft ) shed into the hill of the Northwest corner of our property at 518 Dubuque Street, Stillwater The overall shed height is 8' with only the wood roof of 1 ' above ground to the West We are approximately 90 % done with the shed since it only needs doors and wood siding Three walls are cement block and will not be visible since it is below ground level, the roof is wood We planted flowerbeds to the south of the shed There is a lot marker that agrees with what the previous owner said was the property line He lived here about 50 years before we bought the property from him last year The shed is over 5 1/2 feet East of that marker line We intend to add on to the house so we hired Barry Stack to survey our lot Barry surveyed the property on June 19th, 2000 The markers he placed on the Western boundary of the lot is 4 feet East of the original marker line, making our shed 1 1/2 feet from the actual boundary Thus we are requesting a 3 1/2 foot variance for our shed I would also like to make it clear that we called and visited the city of Stillwater Building Inspector's office last year to inquire about a permit for a shed of this size and type We were told we did not need a permit On June 19th the day of the survey when we found out the line moved we visited the office and described the type of shed and location to the property line, and explained the situation, we were told it was acceptable We were told we did not need a permit for a shed under 120 sq feet and we could build the shed on the property line if we wanted to The property owners to the West observed our work on numerous occasions and never once discussed the property line with us or expressed any concern since I think they were going by the old marker also In addition to the shed, we would like to build a gazebo on top of the shed, since for safety purposes we need a railing It would be 9' x 9', and we would position it on top of the shed 4 feet East of the property line We would need a 1' variance for the gazebo (Picture included of intended type of gazebo The design will vary to accommodate the shape of the shed) Regards, D)c/2--1-1--,ect /5 -0.i_ Dannka Zizich • • • Notes CERTIFICATE OF SURVEY • Indicates iron found as noted o Indicates #13774 iron pipe set Orientation of this bearing system is assumed datum "M " Indicates measured value "R " Indicates record value BARRETT M STACK STILLWATER, MINN 55082 MINNESOTA REGISTERED LAND SURVEYOR Tel No 439-5630 SURVEYMADE EXCLUSIVELY FOR Darinka Zizich, 518 East Dubuque St , Stillwater, MN 55082 DhSCRIPTIONi As Supplied By Client Lot 4, Block 17, Hersey, Staples & Co's Addition to Stillwater (copy of an un-recorded Warranty Deed dated and executed March 25, 1999, between Elbert D Seaquist and Darinka Zizich) Note Hersey, Staples and Co's Addition to Stillwater is recorded as Document No 416049, in the Office of the County Recorder of Washington County, Minnesota This Document was used in the conduct of this survey Offsets shown to existing structures are measured to the outside building wall line, unless shown or noted otherwise Any future or existing projections from said wall line, such as eaves, sills, decks, steps, etc , will impact these offsets accordingly Underground or overhead public or private utilities, on or adjacent the parcel, were not located in conjunction with this survey, unless shown or noted otherwise hereon The Shed/Gazebo, presently under construction, covers a building footprint area of 105 square feet, more or less The upper portion (Gazebo) of this structure was not constructed as of 6-20-00 Note that the foundation wall of this structure is within 1 5', more or less, of the westerly property, line Construction of the Gazebo eaves, should not exceed 1 5', more or less, from the existing foundation wall line, as located and shown hereon Existing street improvements in adjoining, platted public streets were not located in conjunction with this survey, unless, shown or noted otherwise hereon BL . /7iO 4or - — IV89°SG Z/'E is 4. as cONL 51.46 UNv Q �NSr /CooT/P�'.vr L S `B�r /05 frt \ bVrn s fN0 \ 4/rwp MET / O S 5a .5 T,eAP OF Cae (-4 LOT Z,Zicy ,'? ,ee5b C',VZ 2/,V5 8773 (.9 S LOT _3 /1 _ /-///✓ i3Z /l /3?49--- 99 -A Y �zsa I , 1(o('C s"/«ai•7y 4oz M' 578 r/Z/eh, 4 4DZ4- j \ . CeNe Ace % �- z * �� ao+<\ 8s_t <` —� 1 - /8+ / ` l w000 fE \\\ \\\ \\\\\\\\ — — Al /3,Z ¢9 — — ,e/3z ne/g I a VE 57 P,47- Q/ m 111741 i NolzTy /" ::J I hereby certify that this survey, plan or report was prepared by me or under my direct supervision and that I am a duly Registered Land Surveyor under the laws of the State of Minnesota Date 6-20-00 13774 Reg No DUANE SEAQUIST AND FAMILY • • • • • 408 North Third Street MTV #203 Stillwater, MN 55082-4879 July 5, 2000 Mr Gerald Fontaine Chairman of the Planning Committee City of Stillwater I am mailing you a copy of my affidavit with respect to the property at 518 Dubuque Street, which will be a topic for your action at the July 10, 2000 Planning Commission hearings. NO ONE knew, until the survey of that property was made that the rear property line was different from what was represented to me in 1952 by the realtor, Wally Handevidt, brother of Gordy Handevidt Gordy bought it perhaps 10 years after we moved to 518 Dubuque Street Wally represented both Borge Thomsen and himself when he defined that Joint property line/ We didn't think the line could be off more than a few inches, or this would be a different story. It is small wonder that adverse possession went on unnoticed by anyone I am also mailing a copy of this to John Rheinberger, as he may be the only attorney on the commission. (re Adverse Possession) Wally Handevidt was so sure of that property line that he even marked it with the East end of his T—poles' It was an excellent guide for yard care Neither Wally H. nor I wanted a fence, and I do not believe in a fence -- unless there is a prior survey/ Sincerely, Elbert D (Duane) Seaquist Enclosure c John Rheinberger �\E 0V111%. ww III LUG ai' a LU ICJILIC111.1d1 USCS Only Will De extin isne(i Generally the changed conditions must have occurred within the subdivision otherwise the uniform restnctions are quickly eroded by change on the borders of the subdivision - the domino effect VI ADVERSE POSSESSION • A BASIC CONCEPT Possession in and of itself engenders through time an inference that the possession began lawfully The longer the continued possession the stronger the inference On this basis, there is a time after which the possessor is relieved of the obligation of establishing that he has title by any other means than by showing the fact of long -continued possession Adverse possession operates as a statute of limitations in the sense that it precludes all from contesting the title of the possessor Possession for the adequate penod of time npens into title because all other claimants to the land are depnved of an appropnate remedy • • B STATUTE OF LIMITATIONS Most states provide by statute that possession for a specified penod (normally 20 years) in the requisite manner will, in and of itself, establish the possessor's title to the land 1 Elements For possession to npen into title, it must be open, notorious, adverse, continuous, exclusive and with claim of nght for the statutory period (e g , 20 years) a Open and Notonous Possession is open and notonous when it is such as the usual owner will make of the land, and is sufficient to put the true owner or the community on notice of the fact of possession b Continuous Intermittent possession is insufficient although constant possession is not required One continuously possesses the property so long as the use is that which an ordinary owner would make of the property under the circumstances c Claim of Right This requirement demands no more than the possessor indicating by his words and actions that he holds the land as against the whole world, includ ing the true owner, if any 2 Constructive Possession Actual possession of a portion of a unitary tract of land is sufficient adverse posses sion of the whole as to title to the whole of the tract of land after the statutory per iod, so long as there is a reasonable proportion between the portion actually possessed and the whole of the unitary tract Usually, the portion will be held reasonable if possession of the portion was sufficient to put the owner or community on notice of the fact of possession 3 Adverse Possession Between Concurrent Owners Actual possession of property held in concurrent ownership by one concurrent owner for the statutory period will not be sufficient to give that possessor title to the whole estate to the exclusion of his co tenant unless there has been an ouster Examples 1) A and B own Blackacre as tenants in common Each holds an undivided 1/2 interest A possesses Blackacre for 20 consecutive years (the statutory penod) and thereafter claims title to the exclusion of B Since A is occupying Blackacre under unity of possession, his possession is not adverse to that of B B's title is not divested by the fact of A s long -continued possession • 2) A and B are tenants in common holding title to Blackacre A ousts B that is, A excludes B from enjoying possession of the property Thereafter, A possesses Blackacre for 20 consecutive years A can claim title to the whole of Blackacre to the exclusion of B since A's possession is adverse and with claim of nght A 4 Tacking The length of time of each of several successive adverse possessors may be added together in order to reach the statutory penod The tacking will be permitted so long as the possession was continuous and there was pnvity between the adverse possessors Any pnvity is sufficient, i e , blood or contract Example Blackacre is owned by A B enters into adverse possession of the property and holds the land for 10 years Thereafter, B dies Upon his death, B's son C holds the land for 11 years The possession of B may be "tacked" to the possession of C in order to reach the 20 year statute of limitations Thereafter, C has acquired title • • 5 Life Tenant Remaindennan Problem The statute of limitations does not run against the holder of a future interest (e g , a remainder) until that interest becomes possessory This is because until the pnor present estate terminates, the holder of the future interest has no right to possession and thus no cause of action against a wrongful possessor 6 Disabilities The disability of the true owner of property prescnbed by statute may cause a toll ing of the statute of limitations The effect of the disability only benefits the true owner if he was suffenng from the disability at the inception of the adverse posses sion In addition, the tolling is only applicable to the extent that the statute would otherwise run except for the disability Example 0 the true owner, is insane when X goes into possession Eight years later, 0 dies intestate and the land goes to his heir, H, who is then 12 years old The statute of limitations begins to run upon 0 s death and is not tolled by H's minority H's minonty is a "super vening" disability Note There is no tacking of disabilities On this basis if the true owner suffers from a disability at the inception of the adverse possession and thereafter dies and leaves his property to a disabled heir, the heir cannot claim the benefit of a disability so as to toll the statute indefinitely (see Example above) VII RECORDING A COMMON LAW The doctnne of caveat emptor finds a natural home in the law of conveyancing If A, the owner of Blackacre, conveys the land to B on Monday and on Tuesday attempts to make an identical conveyance of Blackacre to C, B and only B acquired title Since A had divested himself of title on Monday, he had nothing to pass to C on Tuesday C had no interest in Blackacre even though he may have purchased as a bona fide purchaser Thus, in dealing with successive conveyances, the common law followed the first in time first m right pnnciple B RATIONALE OF RECORDING ACTS In order to supply a method of title assurance (i e , a method by which a purchaser could have assurance that the grantor had title to convey), recording acts were enacted e 1 Power Over Title • • • Affidavit of Elbert D. (Duane) Seaquist Re Property at 518 Dubuque Street, Stillwater On June 21 or 22, 2000, I received a phone call from Darinka Zizich, who in November 1998 had purchased my former residence at 518 Dubuque Street. It is legally known as lot 4, block 17, Henry Staples and Company's Addition to Stillwater. I was requested to come to see the survey stakes that Barry Stack had just put in. On arrival at 518 Dubuque, Darinka and Steve reported that they had thoroughly checked, prior to construction, with the Stillwater Building Inspector's office, for requirements for a permit and setbacks, for a lower level concrete block shed for their mower and yard tools, with a gazebo on top. It was located as far into the N.W. corner of their property as they could get with the legal set -backs. The shed portion was complete, when the last two stakes were put in place by Barry Stack, who I had recommended to them. They also said that the last 2 westerly stakes brought them a visitor, Gordy Handevidt, the owner to the west. He apparently had previously told them that they could not build their structure, as it would interfere with their view' He told them that NOW, with the survey, they were too close to the west "property" line, and would need a variance. He reportedly also told them that, "he was thinking of putting up a fence down there." Darinka had gotten a variance form, and while I was there she went and mailed it to the city. I told Darinka and Steve that I would see my attorney on Monday morning, and not to worry. My attorney said everything I had told the couple was correct. I had told them that the Handevidts had allowed Adverse Possession to occur oz the Easterly 4.1 feet of their property by the actions, etc. by the Seaquists and Jeff Andersons, who also reside East of Gordy. This has been continued by Darinka. This has been openly continuous, and "ran with the property." My attorney stated that what I had done with quarrying, and having landscaping (black dirt and sod) twice, and planting and trimming the pine, watering, raking, mowing, professional lawn spraying, hand -weeding, continuously and exclusively was overwhelming proof, and for a period of Page 1 of 3 • • • time that far exceeded Minnesota's 15 year minimum. The 30" high limestone outcropping on the southerly portion of that strip yielded enough stone for the high 30 plus feet long wall at the east boundary line on 4th Avenue. My attorney said to tell them that they (Darinka and Steve) should just keep on using the property as I had done, and they have been doing, as they STILL have possession and exclusive use of that strip of land, even though they still do not have title to the strip With that in mind, I believe that they are entitled to the set back variance that they have requested. Since Darinka Zizich has legal exclusive possession, of the 4 1 foot strip of land, it would be trespassing on the part of the Handevidts if they enter upon that strip, even though the Handevidts hold title to it. Darinka and Steve had never heard of Adverse Possession previously, and did not know what it was. Had they known, this matter may not have come before you. They would have responded to Gordy H. Per Barry Stack's survey, the last 2 stakes referred to were for the westerly ends of the 132 foot north property line and the 132 foot south line. Those 2 stakes fell short by 4.1 feet of reaching the west boundary of Darinka Zizich's property as described by my realtor prior to Darinka's purchase My agent had described the west property line exactly as I had been told by Wally Handevidt prior to my purchase of 518 Dubuque Street 46 years previously. The realtor that I purchased from in the autumn of 1952 was Wally Handevidt, selling for the Richard Nelson Agency Wally Handevidt, the 1952 seller of Borge Thomsen's property, ALSO was looking after his own property line, as Wally owned the property on the other side of that Westerly boundary' Before purchasing the property I asked where that West boundary line was. Wally said he knew of no monuments, but stated that the overhead north -to -south phone line and poles were the assumed western boundary, and pointed directly south across Dubuque Street, where there was a variety of fences directly in line with the phone lines and poles in Block 14. I purchased the Borge Thomsen property, and my family moved in October 31, 1952. Page 2 of 3 • • • L About 3 or so years after the Seaquists had movedi in, I was contacted by Wally Handevidt, who stated that he was planning to put up some clothes lines and wanted to put them on the very rear of his property. He wanted to show me what he planned to do He had T-bar pipe poles and would place the poles in concrete so that the East end of the T-bar was at his West property line. He showed me where he would put them. I said fine, and after he had put the center pole in concrete, he again asked me to check. He had personally selected his own East property line, with the East -end of the T-bar directly under the phone line, and the center support pipe set in concrete' By this time Culver (Cub) Davis had built his garage right up to the East side of the phone line across Dubuque Street. Cub Sr had to park his Studebaker down on 4th Avenue until Dubuque Street hill was constructed, which finally gave him access to the rear of his property. I think that my quarrying off the rock at the south end of Vhat is now known as the "4 1 foot strip," may possibly have drawn Wally to take this action, so that I not intrude beyond his property line, as he had described it to me before my purchase in 1952, and thus he wanted the T-bars to mark his line. Unbeknownst to Duane S. and Darinka Z , as well as, Wally H. and Gordy H., that quarrying was the start of Adverse Possession by the Seaquists, of that rear portion of the Seaquist property "as described to me by Wally Handevidt in 1952." Had Wally Handevidt had HIS property surveyed at that time, this adverse possession could have been avoided As stated previously, I believe Darinka and Steve are entitled to the set back variance that they have 7equested. Thank you, • KRISTI M IMMEL NOTARY PUBLIC MINNESOTA MY COMMISSION EXPIRES JAN 31 2005 s�.wein+A Duane Seaquist /7/5-fio Page 3of 3 Sr /C[ARD Jo sl 4 s2J • 2/ /, '7 /A _ :d / 2 4 6 /b /4 Ir /a ' o ANCV rN 1111151awa /, i • • • 1 t, • • 1' \ ♦ • t 1 1 \♦ • E Hodgson' Sr 1/e iza biz 3 t • • 41 tli Bl/Ilk /NGi7;YY k Ul ORL EA/YS n ar<fr��r • 1 t • 1 • • t r '• , ��. +.� � , \.\ 1 . 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(651) 439 9464 • TBLecop[en (651) 439-5641 DAvID T MAGNUSON RICHARD D ALLEN MEMORANDUM TO Sue Fitzgerald, City Planner FROM David T Magnuso DATE July 6, 2000 RE Darinka Zizich variance I have reviewed a memorandum and affidavit from Duane Seaquist setting forth his claun that a boundary has been established by adverse possession at his former residence at 518 Dubuque Street, the property that is the subject of this variance proceeding The affidavit appears to establish a boundary by adverse possession, but without a judicial determination, the boundary cannot be recognized as a boundary for the purposes of this variance proceeding All boundary cases no matter how certain they appear from a review of the evidence presented by one side ate usually hotly contested and commonly litigated by the parties If we were to recognize Mr Seaquist's claun as valid, we would depnve the adjacent owner of the defenses that might be available and the nght to a hearing before an impartial tribunal Further, the courts have always viewed a claim for adverse possession with a critical eye since this sort of claim has the effect of divesting someone from ownership without compensation In summary, while Seaquist's claim might be valid, it cannot be used to establish a boundary line for the purposes of this proceeding 07/07/00 16 41 ROSSBACH CONSTRUCTION -► 4308810 NU GOd WUJ. • i • Rossbach Construction General Contractors and Custom Carpentry July 7, 20 Stillwater Planning Commission RE Case #V/00-46 Due to a change m the location of the garage from our ongmnal concept, a variance is no longer needed Therefore, please remove us from the agenda for Monday, July 10, 2000 Planning Commission meeting Richard Rossbach 2578 7th Ave E • No St Paul, MN 55109 • Office 779-0218 w • • • PLANNING APPLICATION REVIEW FORM CASE NO V/00-46 Planning Commission Date July 10, 2000 Project Location 1002 West St Croix Avenue Comprehensive Plan District Two Family Rwsidential Zoning District RB Applicants Name Richard Rossbach, representing John and Faith Hatfield Type of Application Variance Project Description A Variance to the front yard setback (30 feet required, 13 feet requested) for the construction of a two car garage Discussion The request is for a Variance to construct a 24 foot x 24 foot detached garage The applicant has a need to expand his living quarters Due to the topography, roofline and many mature trees on the site, they found the most applicable solution is to convert the attached garage into living space and construct a new detached garage After looking at the issues, staff recommends, should the Commission approve the project, that a lessor Variance would be required (23 feet instead of 13 feet) if the applicant attached the new garage Conditions of Approval 1 The new garage is attached to the existing house 2 The architectural style, materials and color match the existing house 3 Drainage from roof shall remain on site 4 All plans shall be approved by the City Engineer and Budding Official 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 distnct 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 vanance 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 06/20/2000 12 55 4308810 CITY OF STILLWATER 01 • • GAL v F=af-t 4(2 b w2 f4 • Case No Date flied Fee Paid Receipt No PLANNING ADMINISTRATION FORM COMMUNITY DEVELOPMENT DEPARTMENT CITY OF STILtWA�TER 216 NORTH -FOURTH STREET STILLWATER-, MN 55082 ACTION REQUESTED Certificate of Compliance Conditional -or Speclal Use Permit Design Review Planned Unit Development' $ 1( Variance $ Comprehensive Plan Amendment* $ Zoning_Amendment Subdivision" Resubdivision Total Fee F :E 0 0/200 5 �QO 01200 00 00 00+$5C 00 *An escrow fee Is also required to cover the costs of attomey and engineering fees (see aiached) The applicant is responsible for the completeness and accuracy of all forms and supp rting material submitted in connection with any application PROPERTY IDENTIFICATION Address of Project 1 C)C L v"-s} S4 1`Vt. 9k A4 Assessor's Parcel No , 77 Zoning District 1- IX Description of Project a-0...\.2..,V zy-A -1y; LsN: ,.� i b. ��+-w ►, k- c -caw 5 ti Ne-cj 1^-0-nt. C.-% i S� �-� Ss,A b r n,1z ....N. 9j 7 C 4 l 24 C vrar a 13 N c —w�. vv.. ti, "! hereby state the foregoing statements and all data, Information and evidence submitted hiLrewlth !r all respects, to The best of my -knowledge end -belief true and correct ! further certify i will c Imply with` the permit if it Is nt q it e[' RN�,.r.� c� ssb-� �-• l Property Owner ®/.c.c Representative \�5S' �� �. LS,r•S �S-1 Mailing Address f o dZ C. - C b C t,O', 'C, Mailing Address- i Iv pc,, ,sicct Telephone No Geri- Li eet Signature Telephone No !� - %,Lnn7 rt -1 tz-ZG ' — Signature v'Y\ ITE AND PROJECT DESCRIPTION Lot Size (dlmenslons). (7Y `l l x / 1,0 o Land Area .q 8 CC 3 , CIS - Height of Buildings Stories Feet Principal ► /`L 1 Accessory I i y Revised 5/22/97 Total buildino floor Area A LI \ 6 Existing ! 6'70 sq ft Proposed S 7 t , sq ft Paved Impervious Area N A sq f Number of off street parking spaces provl6 sq ft d /1iR • • Rossbach Construction General Contractors and Custom Carpentry June 23, 2000 Dear Planning Commission Members, The following is additional information for the Vanance Request for 1002 West St Croix Avenue Owners are John and Faith Hadfield Family needs to expand living space in existing home Plan is to turn existing attached garage into family room This will create a need for a new garage Preference is for a detached 24x24 garage with 10' of clearance between structures to allow for landscaping and access The existing streets are gravel and location not well defined At this time there is approximately 18' from the property line to the road surface The lot is heavy with mature trees and shrubs The new garage in the new proposed location would be screened from the street to the east The house has streets on two sides of the lot Other locations for a garage on this lot have been explored and do not appear viable due to having to remove mature trees, adding additional dnveway surface and/or added street access, having the garage where there is no viable access to the existing house and aesthetic concerns for the homeowner and the neighborhood Other locations may require a vanance as well The setbacks on all three other sides exceed requirements The east setback would not be met even if the garage were attached to the existing and the owners prefer a detached zLw,J),,LL 2578 7th Ave E 6 No St Paul MN 55109. Office 779 0218 , 1530 1480 1460 1475 Z rn m\1465 20 O„ 1.0 s s 131 v "139.1\14° 1 1047 r 1®33 r � 1381 M F DALLAGER COURT 301 f- - — - M 291 1281 SON LE 1 201 1221 155 1115 126 0'60 1 d40 1020 w 960 940 z0 0 920 z 2 • 1331 1 •1341 1930 . 1055 —1 r 0 1.160 1.130 14100 .040 s�0 0 1290 . • 1250 10C w or co w 1- • 1400 820 8Q1 801 950 0•� STREfET • y 819 900 = WEST ST Ce 1 801 •A rn . OT Location Map 865 845 20 w 1080 1114 111511.17 • 11.12 1140 O 1'1111143 1106 1108 1 *0 w � 1971109 1104 1104 11'02 M 11031 top 801 • Pv° • 1218 12•16 804 1212 Stone Bridge Elementary School • • co 0 to w z z WE 131 131 1- w w 13•0 c▪ o WES to z w 0 ESTSTILLWATER OUTLOT B 1 ?14 z 1020 cn 928 cn 916 O 900 1 R21W R2OW R19W R22W R2 W R2OW Vanity Map 0 256 Scale in Feet an*oS0.•nod , ,,d��cMy .e. Om. � mOmoo Yotl b wE b Wows �b _ry fo1 ACoo. Swope M. Pore 1m 1 wmrS Prod Coo Wool co MOM2 wont Onspit Nod a2 03 Mooa &.. _a n.axm FI i=T1j—F s-a)--al -=--=-ra1 .L= iK / /L 1___ sT c..Lw�4-E2. A r 275 so i 0 0 CO 0 al • 240 I 11 9 • • • PLANNING APPLICATION REVIEW FORM CASE NO V/00-47 Planning Commission Date July 10, 2000 Project Location 1342 South Third Street Comprehensive Plan District Two Family Residential Zoning District RB Applicants Name John and Lisa Diedrich Type of Application Variance feet required, 12 Project Description A side Variance to the rear yard setback setback 5 feet required, 1553 feetpequest d) feet requested) and the yard Discussion The applicants are requesting a Variance to replace a deteriorated single car garage with a 24 feet by 26 feet double car garage The existing garage footprint is 12 feet from the rear yard property line, and 1 53 feet from the side yard property line The proposed garage will not be set any closer to the property lines than the one that exists now, other than a continuation of the 1 53 feet for another 12 feet to the east The garage height will be 14' 6" to the center of the roof There will be some storage in the rafters, but no dwelling space Conditions of Approval 1 The garage shall be similar in style, colors and materials as the main structure 2 Drainage from the roof shall remain on site 3 All plans shall be approved by the City Engineer and the Building Official 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, Toss of prospective profits and neighbonng violations are not hardships justifying a variance 2 That a vanance is necessary for the preservation and enjoyment of substantial property rights possessed by other properties in the same distnct 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 v • • • 3 That the authorizing of the variance will not be of substantial detnment 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/Letter/Site Plan/Drainage Plan/Elevation Drawing V • • • MEMORANDUM TO Sue Fitzgerald, Planner FROM Cindy Shills ( DATE July 6, 2000 SUBJECT Request for Vanance, Case No V/00-47 The request for a variance to the side yard setback to be set at 1 53 feet creates a building code issue in regards to proximity of a property line According to the Minnesota State Building Code, Table 5-A, there shall be no openings within three feet of the property line and construction of extenor walls within three feet must be one -hour construction I am requesting there be a condition of approval that construction of the garage must meet these requirements, so that the homeowner is aware of this before applying for permits • • • IS Th4 st cv App Flo--svt Case No Date Filed Fee Paid 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 J Variance $70/200 Comprehensive Plan Amendment* $500 Zoning Amendment* $300 Subdivision* $100+$5( 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 All supporting material (i e , photos, sketches, etc) submitted with application becomes the property of the City of Stillwater PROPERTY IDENTIFICATION Address of Project 1;42 S 'So{ (Ix Assessor's Parcel No Z 0..d02d iliO /30 Zoning District lip) t/ 2 f D scription of Project (1At A6E— tneel4 t' f r) 6 - e)I . C "J r "k�-ry L 7h1' I �- { tIW, �./ / ' (Of y c,1 Al i 2 '4' R1/1/ 1i41' Fnal1 "I hereby state the foregoing statements and all data, information and evidence submitted herewith 1 all respects, to the best of my knowledge and belief, true and correct I further certify I will comply with the permit if it is granted and used " Property Owner vt47.1- 1,15A 1)1 1 % 2 Representative Mailing Address 13q2. 5 3cd .S i Mailing Address City - State - Zip 511 I /Ar (At__ po City - State - Zip TelephoneNo(•)C-11 3 c i - -71 I1.Telephone No Signature )fin n Signature SITE AND PROJECT DESCRIPTION Lot Size (dimensions) x Land Area Height of Buildings Stories Feet Pnncipal Accessory Total building floor Area Existing sq ft Proposed sq ft Paved Impervious Area sq ft Number of off street parking spaces provided sq ft Revised September 16, 1998 LL 1117 1118 -1123'- - 1205 ! 1206 1209 12'16 ° 1213 11222 MARSH 13Q1 1304 • 131°3 1312 • • 1321 • 13 26 0cn N • 1384 Location Map 1- O O z 11191'1120 • 1207 1206 • 1213 '1214 1217 • 1775 1224- STREET 1303 1306 1609 " 1314 1315 1323 1320 1329 1338 , 133 1334 1339 N. 1345 1846 • 24 • • O Cr) cn V 1- O z EAST 103 1209 • 1215 1221 1°10 1°17 12°14 12°18 12•24 EAST 1303 1304 1312 1305 1309 314 • 13 123- 1380 1318 • 1345 1344 65TH STREE w ce 1- 0 z 0 w BURL CNI N • 1215 • 1219L • 1225 MAR 8° z- N -- • 1311 i316I1 1317 • 1323-- 1329 1337 ° ° 1 1,41 1 NORTH • 111 • • • ST CROIX STRCCT64TI I u u Elemente ry u v63817 6303 • • a O Oak PatE w ce School MOUND 0 m S R2IW R2OW RI9W R22W R.IW R2OW Vanity Map 0 205 Scale in Feet in.0rrn Ire( ld rianiaVOI gni I ilpf MAW, ma. se May TN ▪ dna, ecula Cs mai ha Munro Oam GM* Orr, p,V is _ &u_ W__pmn Cnr00Y 9wMpf dn_ N ew Oat. bud _.5C.formaan Dip. IT 10. 2000 r-e-PaP • SGri�LT lvc-\/05 S -zza' �i c52f, -77/a4 _ Z � idA/a2 dt ' / S7 17E134 77/a,/ • fz/V S/ 7' 4' ' 4-Vd ' ©11�2�i' �O «NN/ S'/ �`747v-k9 J* _=� 24,9 9/Y L$, 1 421 1-4V7 S/j/ 77Ze2 - / .S/X' Q V N/?1-0 C,.z/- 7 _Len/ 5-/vaild9 A4 4! A z /I 53'A►W7 oeiszyn/ iQLogrY� , / - -, // rly 7/z� saves ,�5 o`er/ni-.• Ar./Cic-vrt/ 30�� -JcZ / z S / 2'V "''7 4bpe/-37/// / - / g/sf/ /vuidj-9N/n' fv ;o • • • O V 1 Z 4. 1 24 0 r 0 A 4. 0 4. 11111111111111 u - - - e= s J 7 _ 'NM Et NUM- L-^ X 'f : � O DTEDRTCH GARAGE ron a D iti 7 p q STILLWATER UN MAY 1 8 2000 s ° x 11 u S) KEMPER & ASSOCIATES INC. LAND SURVEYING • ENGINEERING INNSBRUCK OFFICE PARK 2722 HWY. 694. STE. 60 ST. PAUL, MINtiT.;0TA 55112 612-631-0351 FAX 612-631-3540 0H3IIREAD MED �2 BOG �$e POWER POLE SIT SLRVEY HOAOAM5LT I04 '11EMPmm war. POWE3T POLE SET WRYET DONONENT i44I D'XDAPR 1/ar 12 117 10 12' ROADWAY I EASEHENT AROOK K 603 DEED.A ADJACENT GARAGE CERTIFICATE OF SURVEY WIRE FENCE 49 51 a�° G LOT AREA 1,654 S0. FT, tR D.I5 ACRES BOUNDARY SURVEY OF DOCUMENT NO. 473355 LOT FIVE (5), BLOCK TWO •(2), MARSH'S SECOND ADDITION TO STILLWATER, ACCORDING TO THE PLAT :THEREOF ON FILE AND OF RECORD IN THE OFFICE OF THE COUNTY RECORDER IN AND FOR WASHINGTON COUNTY, MINNESOTA, SUBJECT TO AN EASEMENT FOR ROADWAY PURPOSES OVER AND ACROSS THE WESTERLY TWELVE (12) FEET THEREOF AN TOGETHER WITH AND EASEMENT OVER AND ACROSS THE WEST TWELVE (12) FEET OF LOT SIX (6) IN SAID BLOCK TWO (2) OF MARSH'S SECOND ADDITION, AS RECORDED IN BOOK 105 OF DEEDS, PAGE 583. S 89'42'54" E ATE SITS Ili MAPLE N 89'42'54" W 133.87 ‘1,2 BOG 0‘ � PREPARED FOR: CFIRIS ANO SMOLA SwANSoN 1342 s. THIRD 21R[E'T STILLWATER, MN 50002 430-2095 (hm) 430-0131 (1A1) E3EC, MEEil ADJACENT R13DENCE 1330 i 1 33.91 (133.40 RECORD) I _s QAS YEiTR 01� I �WNCREIE WALK 32.01 # 1342 THIRD STREET 26.23 a (133,30 R CORD) ADJACENT � CON OREM WALK FRONT PORCH SET Sa1M'Er IJONLMENT KARKED 'FEWER 1040T ADJACENT fL BED 36.53 ' GRAVEL' CONCRETE WAUC 44. WATER VALVE 1•••• ADJACENT RESIDENCE / 1346 SET SURVEY NONVMENT WAXED 'Mint 10407' 0 0 0 4) 1— 0 POWER POLE OVERHEAD LINES POWER POLE 30 CONCRETE CURB OVERHEAD LINES SCALES I NCH E43JMS 10 FEET. OASIS FOR DENmq A51ROYDNi4 Dr SOLAR oBSERvhTxte_ 30 0053 TE 30 CERVICAR ON 1 00813' CflC2Yy THAT TM PLAN. 3PE4FlCATIM 08 REPO;T WAS PREPARED ST 4E CA SPODI Mr DIRECT &Thkor N30N AND nut 1 AM A NOLT RV: MIRED UNDER TH L LAAV 31.1RVE1LIR UNDER THE IAN2 4)OF 774E A1F-iF)4NNESOt0y�_' NARK D. N PER , PL3 1040T DATED 1i0S a DAY C • • • KEMPER & ASSOCIATES INC LAND SURVEYING • ENGINEERING INNSBRUCK OFFICE PARK 2722 XWY 694, STE. 60 ST PAULMINNESOTA 55112 612-631-0351 FAX 612-631-3540 P0405 POLE OvERNEAD LINES 0 0 o in N m 0 2 POWER POLE SET SURVEY MONUMENT MAS 'KEMPER 18407' SET SURVEY MONUMENT MARIGD 'KEMPER 16407- Y1RE FENCE bc BOUNDARY SURVEY OF DOCUMENT NO 473355 LOT FIVE (5) BLOCK TWO (2) MARSH S SECOND ADDITION TO STILLWATER ACCORDING TO THE PLAT THEREOF ON FILE AND OF RECORD IN THE OFFICE OF THE COUNTY RECORDER IN AND FOR WASHINGTON COUNTY MINNESOTA SUBJECT TO AN EASEMENT FOR ROADWAY PURPOSES OVER AND ACROSS THE WESTERLY TWELVE (12) FEET THEREOF AN TOGETHER WITH AND EASEMENT OVER AND ACROSS THE WEST TWELVE (12) FEET OF LOT SIX (6) IN SAID BLOCK TWO (2) OF MARSH S SECOND ADDITION AS RECORDED IN BOOK 105 OF DEEDS PAGE 583 5 88 42 54 ADJACENT RF1DENCE / 1336 133 91 (13140 RECORD OVERHEAD SET SURVEY MONUMENT LINES 44814:D 'KEMPER +8407" BED ADJACENT +2 / g +210 14 N000 FENCE CONCRETE MNX CATE am. CAS METER CO4CiE1E WALK 35 53 I / I V4000 STEPS ]A81 I ORAvEL 4 GA A dwHFao I I t E uNEs ` _ # 1342 THIRDIUD ^o FRONT P ��A/ ,.--, — �y !� cri CONCRETE WALK r f/ 14 'K X _ -at S.r% > y g . WATER VALVE ----h.. 17 ROADWAY LAMENT BOOK PACE 583 12 /, _ n �[3 � ;1./ �� iu 14. STREET ! - 22 MAPLE zd ss DOCO FENCE ^m 3 Q S�` �rP LOT AREA - 6 50 FT �1'") DR 0.15 ACRES •000 -, '- '� M�', .. I 1 , +- - _� 4s r �./ ,), r.Y '� l4 ♦ -L'-_ + 43 OEIDS .9 aa N ADJACENT GARAGE CERTIFICATE OF SURVEY N 89 42 54 W 133 87 PREPARED FOR DUGS ANO SHEILA SO RSON 1342 S. 116RD STREET 51RLWATEA. MN 03062 430-269S (Am) 430-013 (40.) (133.30 RECORD) ADJACENT CONCRETE WALK ADJACENT RESIDENCE 1346 3 SET SURVEY MONUMENT M49 'KOPER 18407' 30 30 OVERHEAD LNES A 30 SCALE 1 INCH EQUALS 10 FEET 8A95 PM BEARING. ASTRONOMIC BY SOLAR OBSOWX118 CONCRETE CURB 30 CERTIFICATION I HEREBY CfR18Y THAT TARS PLAN, SPECIFICATION CR REPORT WAS PREPARED 8Y ME OR UNDER MY DIRECT SUPERVISION AND THAT 1 AM A DULY RECLSTFRED PROFES510NAL INN SURVEYOR UNDER THE LAWS OF IRE MARK 0 80)4PER PLS 18407 0A1ED I2152/' DAY OF 93307 (122R0) • • • PLANNING APPLICATION REVIEW FORM CASE NO V/00-48 Planning Commission Date July 10, 2000 Project Location 721 North Third Street Comprehensive Plan District Two Family Residential Zoning District RB Applicants Name Margaret and Marley Smith Type of Application Vanance Project Description A Variance to the front yard setback (30 feet required, 28'6" requested) for the replacement of an existing porch Discussion The request is for a Variance to the front yard setback The existing house is non -conforming now, as is much of "old" Stillwater Instead of the required 30 foot front yard setback, it has a 28'6" front yard setback The applicant is not planning to construct any closer to the street The intent is to increase the length of the porch not the depth The existing porch is six feet wide and does not allow for any seating The request is to have a porch large enough for outside seating The proposed roof line will match the existing roof All materials will match the main structure Conditions of Approval 1 The architectural style, materials, and color be the same as the main building 2 Building permit be obtained from the Building Department 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, Toss of prospective profits and neighbonng 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 vanance, 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/Parcel Map/Site Plan/Elevation Drawing • • RCPK # 713o CHECK # Case No Date Filed 1, 2.3 w Fee Paid Receipt No PLANNING ADMINISTRATION FORM COMMUNITY DEVELOPMENT DEPARTMENT CITY OF STILLWATER 216 NORTH FOURTH STREET STILLWATER, MN 55082 ACTION REQUESTED Fees Special/Conditional Use Permit $50/200 Variance $70 •00 Resubdivision $100 _Subdivision* $1 00+50/lot _Comprehensive Plan Amendment* $500 _Zoning Amendment* $300 _Planning Unit Development * $500 _Certificate of Compliance $70 Design Review $25 *An escrow fee is also required to the costs of attorney and engineering fees (see attached) The appl►cant is responsible for the completeness and accuracy of all forms and supporting material submitted in connection with any application All supporting material (i e , photos, sketches, etc) submitted with appl►cat:on becomes the property of the City of Stillwater A site plan is required with applications PROPERTY IDENTIFICATION Address of Project 7 2 I M 3 S 4 c Ilwz/a-4 Zoning District t'5 Description of Project P not b LA1(cl new ran. rc " "I hereby state the foregoing statements and all data, information and evidence submiffed herewith in all respects, to file best of my knowledge and belief, true and correct 1 further certify 1 will comply with file permit if it is granted and used " Assessor's Parcel No Property Ownert L `'1' SIY, i'j"-I-t Mailing Address City - State - Zip Telephon = 1 o S►gnat re (GEO Cam) I�e rr oLe.. Xts jzrt 1orc in Representative Mailing Address t )City - State - Zip Telephone No Signature SITE AND PROJECT DESCRIPTION Lot Size (dimensions) x • Land Area Height of Buildings Stories Feet Principal Accessory Total Building floor area square feet Existing square feet Proposed square feet Paved Impervious Area square feet No of off-street parking spaces H \MCNAMARA\SHEILA\PLANAPP FRM June 22 2000 c co 1007 •1001 T 0 . 921 920 903 614 604 [-Location Map _1\ 518 515 w, 2 W w cc co ° 1008 1005\ 1101 1003 0 1 EASTdokSPEN STREE 918 Z O • 921 ° 0 0) 90 ST ELM STREET 0 ,2‘ '1 516 v� EL 01 107' - o s 1.10 A N 904 R2IW R2OW RI9W R22W R2IW R2OW Vicinity Map 0 Scale in Feet 168 T155 dram. Po mulldoanplaton a rm 1.mw 55.57 5W5.50 snob b �.e.b a M▪ M. Mamma W 5 a� ▪ ,= Mad mAS40 slomyten cowl Mu)"—n2 Yap 55•555t Jo* 242050 • X LS+1 NA CR Hc . -- • Lo' E.XI54 t rvA PoIra- (111 Prrre,)- a �►1� d r Sm'� �n qz .?oo �21 3c) SI- S+'i ?)Dr\-1 U je L.J Showing C.-xiS4-1nc1 Porc- . rc,1 ( �p fr-, LoGak U n a� f ?tr?)(;&-r�'1 inc.. 'Plebe L��12 • lot ± ?,tip Li N& ax1st��,1y use l Pc rc-1•, 721 N -3 S4-,1 rah J MP ri 1f� c. S�rr� k (l zc co ()or P (J Y\ 1 I P' � , n - tO " I " „ e i\AI )6 is 26, Ime, Lime- • 4 0 1 • • • PLANNING APPLICATION REVIEW FORM CASE NO V/00-49 Planning Commission Date July 10, 2000 Project Location 721 South Greeley Street Comprehensive Plan District Two Family Residential Zoning District RB Applicants Name Steven and Nancy Breems Type of Application Variance Project Description A Variance to the front yard setback (30 feet required, 25 feet requested) to construct a detached 2 1/2 to 3 car garage Discussion The request for a Variance for a detached garage is primarily due to a structural issue that has been an on going problem The home currently has a double tuck - under garage The way it's constructed it is forcing the other walls of the foundation to bear more weight than they are supposed to hold Subsequently, the basement is in poor condition They have had an inspector recommend that the wall off the tuck -under and build a new garage This will also help prevent water going into the basement Due to the narrow lot (50 feet), a two or three car garage will require a Variance to the setback requirements Conditions of Approval 1 A two car garage is more prevalent in the neighborhood 2 The building be similar in style, color and materials as the existing building 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 f • • • 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/Site Plan/Letter 06/14/2000 15 39 4308810 • CITY OF STILLWATER ut uc vr Case No OU 7 Date Filed Fee Paid 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 FRE 0 $T0 $'L0+$50 sin *An escrow fee is also required to cover the costs of attorney and engineering fees (see atached) The applicant Is responsible for the completeness and accuracy of all forms and suppctting material submitted In connection with any application PROPERTY iDENTIFICATIO N (( 33-030 — 005r • Address of Project '-Aor's Parcel No Zon)ngDIstnct Description of Proje t i Gt. 2y? • "I hereby state the foregoing statements and al! data, Information and evidence submitted he iewlth 1 all respects, to the best of my knowledge end belief, true and correct I further certify I will cco ply with the permit if it is granted end used " SS Property Owner 4ev G `) w.a,n A G e sentative iI S 6= 1'Address -w°r Mailing Address � 2� �� �e1 � �,� , Mailing Telephone No / b12 19 (fI I) Telephone No 6 (02 —3 (— 6°1 (o Signature %, . �— Signatur SITE AND PROJECT DES RiPTIO Lot Size (dimensions) St) / SO Land Area 1 1%30d �( Height of Buildings Stoles Principal Accessory V 44-ti ' Total building floor Area %i%x0 f 0� ft Existing sq ft xp31 `�� Fe t Proposed ?. �X 2 = sq ft 61 l�, %J(07 y(" t Paved Impervious Area (ra✓ ft Number of off street parking spaces p ovido d= Revised 5/22/97 • • 26— • co • 0 0) w 0 2 D 0 co 41-5 417 424 10'18 4°26 1-p06 • 419 422 920 904 • 1017 504 917 0511 510 1 50• 9 • 517 8 WEST 19 1Q05 20. 710 716 1006 r ti � 031, o Q 806 LAKE STREET 824 828• 906a Location Map 914 920 • 901 • O w ce co J w 0 cn 930 •tea • rn w 2 J J o CO :0 'co � WEST co WILLA 846 836 70'f 9Z1919, •o •o 90 • 0) (3) 711 71 N.928 91E 9�q 722 ABBOTT WASHINGT4191� Wa SQUARE Park • PARK ; 2 904 911 905 • • • • • 921 921 • • ' ' • 0) R2IW R2OW IL19W T32N 611111 nu+ r,HERE t11<< 1111111 TSeN DI T3ON 729N DIN R22W R2IW MOW Tt9N Vicinity Map 0 168 Scale in Feet Trio am.* role. aanyma .m rommn.d ad me. a a .m.. vort aw«a am.•I dlb. llr dmmipP.M to alb N..K. ofOr raparaMIOCe ww2 •Yo WN.p.n CeR1 - Qb Ni.. (m 7 Cp® Pon. sPeo 4,IIaonn.a N"n20,2 �.a.. ...2a2CO2 • • • Steven C. & Nancy A.C. Breems 234 Charles St Long Lake MN 55356 Home Phone 612-404-0525 Cellular 612-990-9234 RE 721 Greeley St S Stillwater MN 55082 To whom it may concern We are in the process of purchasing the home located at 721 Greeley St S in Stillwater The closing date is set for June 28 2000 and we will be in the home on June 29 We are looking at bids from contractors to build a detached garage on this property 2-1/2 to 3 car approximately 22 x 26 or 20 x 30°The home currently has a double tuck -under garage that is forcing the other walls of the foundation to bear more weight than they are supposed to hold Consequently the basement is poor condition and the recommendation from our inspector was to wall off the tuck -under and build a new garage fill m the "dnveway" with clean fill and create a backyard for the home In order to build this garage we are seeking a five to seven foot variance from the City of Stillwater on the Abbott side of the property This would enable the dnveway to stay where it is presently located and allow entry to the garage from the Abbott entrance Unfortunately the buildmg of this garage would probably force the removal of one or two trees which we would replace on the property in other locations We beheve the addition of a detached garage would enhance our property asthetically and would very much like to continue with this project as quickly as possible Thanking you in advance for your time and consideration Sincerely 11014 c .re6,144/ Steven C and Nancy A C Breems aa-X 3OC J • a File No 60003553 PROPERTY SKETCH (This is not 0 survey) LEGAL LOT 12 BLK 17 HOLCOMBE S 2ND ADDN 30 SCALE fitl °' 33-0So ,e2-0— —°SK N No trl 150.00 25: 25 : 26 CV 20 0 2 STORY n FRAME 2 CAR 20 6 20 150 00 WEST ABBOTT 3 rtor— r—sfi( ��r'� `- CAL SO14"-sa--- brL- Vv i °W1 ; L.. .n— r°r° S-¢-/ Properly Address 721 GREELEY ST TH15 IS NOT A SURVEY NOR SHOULD THI This drawing Is for residential Hors to the property dlnensions is bosed lnprovenent location and dlnenslons i ,' S STILLWATER S BE USED AS A SURVEY TO LOCATE FUTURE IMPROVEMENTS gage Infornotlonol puposes only The Inforn:MMon rely upon the recorded plot or naps in the county records shown ore opproxlnate and based upon a visual Inspect • MEMO To Planning Commission From Steve Russell, Community Development Director Subject Review of Use Permit for Oasis Market on the Corner of CR 5 and Croixwood Blvd Date July 6, 2000 Over the past year, the City Planning Department has received complaints regarding unenclosed trash receptacles and landscape maintenance and the removal of landscaping to the west of the building happening back of the store from residences This item is brought to the Commission to examine the site and complaints and to determine if a public heanng should be held to revoke the use permit for the convenience store use Concerns for landscaping and the trash enclosure have been noticed to the property owner and business operator Recommendation Review site conditions and testimony and determine the need for revocation of use permit heanng i i • MEMO • • To Mayor and City Council / From Steve Russell, Community Development Director Subject Planning Decision Making Date July 5, 2000 The attached report on land use decisions prepared by the Minnesota League of Cities recently came across my desk I think with the recent flurry of Planning decisions faced by the City Council, the report acts as a good reminder of the procedures and more importantly substantial issues to making good decisions For most of you, this is not new information but acts as a good reminder If you have any questions regarding this information, give me a call cc Planning Commission Nile Knesel, City Coordinator Dave Magnuson, City Attomey Attachment • • LMC League of Minnesota Cities Cams promoting excellence J 145 University Avenue West Et Paul MN 55103 2044 Phone (651) 281 1200 • (800) 925 1122 TDD (651) 281 1290 LMC Fax (651) 281 1299 • L'1CIT I-ar (651) 281 1298 Web Eite http //wwv hmnc org Land Use Issues for City Officials Philosophical Reason for Zoning Amencan culture and law place a high value on pnvate property rights Many believe this means that people have the fundamental right to do what ever they want with their own property This property rights view is very strong Federal and state law and court cases, however, have affirmed that local governments have the authority to regulate land use so that one person's property rights do not detrimentally affect another person's rights to enjoy their property or the community as a whole Tools such as zoning can ensure a well -planned community and can benefit the community and individual property owners in the long run by increasing property values Role of city council in land use planning When the city council is wasting its comprehensive plan and its zoning ordinances, it is acting in its legislative capacity This means that it is making broad policy decisions that affect the entire community The council has a great deal of discretion for these types of decisions For most land use decisions such as conditional use permits, variances, and subdivision approval, the council acts in a quasi-judicial role This means that the decision is made on a specific set of facts for an individual piece of property as they relate to the city's ordinance requirements The council has less discretion for these decisions because it must look at the facts in the context of the criteria already established in the comprehensive plan and zoning ordinances This is not when the council looks at broad policy issues Council members should avoid pre judging a matter before they hear the facts They should avoid making comments or remarks at the meeting indicating that they have already decided the matter before heanng the facts If they do, it appears that the decision was "arbitrary and capncious" because it was based on opinions rather than the facts However, the council's knowledge of the facts of the location and surrounding uses is always relevant AN EQUAL OPPORTUNITY/AFFIRMATIVE ACTION EMPLOYER Neighborhood opposition'. the lay% and facts For some land use decisions, there is very vocal neighborhood opposition to the proposed use If the council is acting legislatively, it certainly can take neighborhood opposition into consideration However, when the council's role is quasi- judicial, the council can't base its decision solely on neighborhood opposition The council must look at objectiN e criteria such as will the use cause more traffic, more dust, noise or interfere with the residential character of the community Often council deference to neighborhood opposition can lead to mistakes with the process or inappropriate comments Such mistakes and comments often lead to litigation against the city Document The council must document what occurred at the public hearing to create a record of the evidence presented The council must also document the reasons for the decision in findings of fact The findings of fact should be based upon the record and discuss how the evidence before the council meets the legal standards of the city's ordinance The findings of fact show that the council fulfilled its quasi-judicial role and justifies the decision in regard to the law and facts In many cases, cities don't have any findings of fact or the findings are not sufficient reasons for denial under the city's ordinance If the council does not document its decision at the time it is made, a court may not believe its "after the fact" explanations if the decision is challenged • • • • • • D 1 s c r e t 1 0 n a r y A u t h 0 r 1 t y Planning & Zoning Discretion Quasi - Judicial No discretion) Permitted Uses Conditional Use Permit Variances Subdivision/Plats Zoning Comprehensive Plan Legislative • League of Minnesota Cthes Giles promoting excellence 145 University Avenue West, St Paul, MN 55103 2044 Phone (651) 281-1200 • (800) 925 1122 Fax (651) 281-1299 • TDD (651) 281-1290 Web Site www lmnc org TEN TIPS FOR AVOIDING LAND USE CLAIMS 1 Regularly Review Land Use Controls Periodically review zoning and subdivision regulations to insure that regulations are consistent with recent laws, court decisions, staff interpretations, unwritten city policies, comprehensive plans, and other community goals 2 Process requests in a timely manner Process applications for zoning and subdivision approvals in a timely manner, paying particular attention to internal ordinance requirements and the statutory 60 day rule If city can not act on application within the 60 day period, make sure written notice is sent to the applicant in order to extent the period for an additional 60 days 3 Give appropriate notices Make sure all required public hearing notices are given (E g , comply with statutory mailed and published notice requirements, ordinance requirements or past practices ) 4 Avoid making promises The City council, planning commission members, and city staff should avoid making promises to the applicant, neighbors or others City staff should refrain from speaking for the council 5 Public body as unbiased fact finder The City Council/planning commission should avoid prejudging applications The body holding the public hearing is supposed to be acting like an impartial judge 6 Develop written hearing procedures Develop written public hearing procedures so everyone is aware of the process in advance Procedures should address issues such as the order of the hearing, time limits on presentations, urging those with common views to choose a spokesperson, and demanding respect and proper decorum during the heanng Personal attacks against the applicant, city council, city staff, and others should not be tolerated 7 Assure process for eliciting relevant facts Hearing should be designed to elicit all relevant facts Each side should be given sufficient time to offer relevant testimony and evidence 8 The role of neighborhood opposition Neighborhood opposition alone is not a basis for denying an application The city council/planning commission should take care to differentiate between the quantity and quality of neighborhood concerns Often AN EQUAL OPPORTUNITY/AFFIRMATIVE ACTION EMPLOYER neighbors can raise very real and legitimate concerns Neighbors can often provide important facts relevant to a decision (E g , "Traffic is already bad at this intersection, I routinely have to wait 5 or 10 minutes to make a turn) On the other hand, unsubstantiated opinions and reactions to a proposal do not form a legitimate basis for denial 9 Apply facts to law The role of the City council/planning commission is to determine or consider how the facts presented to them compare with the city's articulated standards The City council and/or the planning commission should base their decision on the facts as presented at the hearing and then apply those facts to the legal standards contained in city ordinances and relevant state law City staff reports should reference applicable city code provisions (E g , review standards in ordinance for granting a conditional use permit, understand state law "hardship" requirements for granting variances, allowances in city subdivision regulation ) 10 Make written findings Articulate decisions on the record and through written findings of fact and conclusions of law The Council should approve a document that contains all the relevant facts The document should then apply those facts to the relevant legal criteria 2 • • • LMC League of Minnesota Cities Cities promoting excellence 145 University Avenue West, St Paul, MN 55103 2044 Phone (651) 281-1200 • (800) 925 1122 TDD (651) 281-1290 LMC Fax (651) 281 1299 • LMCIT Fax (651) 281 1298 Web Site http //www lmnc ord Land Use Decisions Checklist Variance - Approval to depart from the standards contained in city's zoning ordinance 1 Does strict enforcement of the ordinance cause undue hardship" 2 Are the circumstances unique to this particular piece of property? 3 Was the hardship created by the landowner 4 If granted, will the variance alter the essential character of the area? 4 Is the landowner asking to use the property in way that is different from what is allowed in the area? "Use variances" are not allowed under the Municipal Planning Act except for temporary use of a one family unit by two families Conditional Use — A use that would be appropriate but only when certain conditions are met 1 Will the use endanger the public health, safety or general welfare of the neighborhood? 2 Will the use conform to the objectives of the City's Comprehensive Plan? 3 Is the use compatible with the existing neighborhood? 4 What reasonable conditions can be imposed that are supported by the facts? AN EQUAL OPPORTUNITY/AFFIRMATIVE ACTION EMPLOYER 5 Does it meet the criteria in the zoning ordinance? Rezoning — A change in the zoning classification of an area 1 Has there been any change in development policies in the city? 2 Has there been any change in any conditions of the community such as population growth or decline? 3 Does the proposed change conform to the Comprehensive Plan? 4 Is the proposed use compatible with the adjacent land uses? 5 What is the effect of the proposed rezoning on public utilities such as sewers, water, streets, and schools? 6 Will the proposed use place an undue financial burden on the community? 7 Was there a mistake made in the development of the original zoning ordinance? (This checklist was based upon materials from Local and Regional Planning in Minnesota by Gunnar C Isberg and Government Training Service's Annual Planning Institute "The Basics" prepared by Robert J Lockyear ) 0 0 �o PLANNING APPLICATION REVIEW FORM CASE NO SV/00-31 Planning Commission Date June 12, 2000 Project Location West 20 feet of Sunset Drive, to the southeast corner abutting Lot 5, Block 3, Rearrangement of Radley Sunnyslope Addition Comprehensive Plan District Single Family Residential Zoning District RA Applicants Name Ryan Snuth Type of Application Street Vacation Project Description A request to vacate the westerly 20 feet of Sunset Drive north of Sunnyslope Lane and vacate Sunset Drive between Myrtle Street and Sunnyslope Lane Discussion This case is continued from the May 8, 2000 Plannmg Commission Meetmg Staff recommended that the Commission continue the request so that vacation of the entire right of way could be reviewed as recommended by the City Engineer The City Engmeer has reviewed vacation of the entire right of way and concluded it would be m the best interest if just the westerly 20 feet of Sunset Dnve north of Sunnyslope Lane since it has been discovered that there are two other parcels owned by other mdividuals The City Engineer agreed that Sunset Dnve between Myrtle Street and Sunnyslope Lane should be vacated Conditions of Approval 1 Dramage easements shall be maintained as required by the City Engineer Recommendation Approval as conditioned Fmdmgs The street vacation has no impact on pubhc facilities Attachments Application Form/Petition to Vacate Pubhc Street/Letter/Letter of Support/Maps • • • PLANNING APPLICATION REVIEW FORM CASE NO SV/00-31 Planning Commission Date May 8, 2000 Project Location The west 20 feet of Sunset Drive Comprehensive Plan District Single Family Residential Zoning District RA Applicants Name Ryan Smith Type of Application Street Vacation Project Description A request to vacate the westerly 20 feet of Sunset Dnve north of Sunnyslope Lane Discussion The request is to vacate the westerly 20 feet of Sunset Dnve A wetland is located in the nght of way and the City Engineer does not object to the vacation request It is recommended that the Commission contmue the request so that vacation of the entire nght of way can be reviewed as recommended by the City Engineer Recommendation Continue to the 6/12/00 for public heanng on vacation of Sunset Dnve from Myrtle end of drive north of Sunnyslope (y1/1 7Lp (" -/ -A---ov • • • Memorandum To Steve Russell, Community Development Director From Klayton Eckles, City Engineer Date 05/03/00 Subject Proposed Vacation of Sunset Boulevard DISCUSSION Engineenng has reviewed the proposed street vacation of Sunset Boulevard The vast majority of this proposed vacation is of a wetland and adjacent to City parkland Therefore, the maJonty of the land will actually transfer from the City to the City The proposal only includes the western half of the nght-of-way The Engineenng Department does not see any compelling reason to not also vacate the eastern portion, however that portion is not part of the public hearing, therefore can not be completed as part of this process The only concern that the department would have regarding this vacation is near the cul-de-sac We would wish to maintain access from the road to the pond and maintain sufficient easements over the City storm sewer that controls the elevation of this pond iliwater • THE BIRTNPIACE OF MINNESOTA CITY OF STILLWATER PETITION TO VACATE PUBLIC STREET (20 PO The undersigned hereby petition that all that portion of14 %t'es 6 .a /1 c abutting Lots / , Block 3 Addition, in the City of Stillwater, hereby be vacated IAo', 1 ins, ,.01" Name Address A13 f" r,., A /19- c%4 1 *Attach a map showing the street to be vacated Fee $100 Receipt No CITY HALL 216 NORTH FOURTH STILLWATER MINNESOTA 55082 PHONE 612 439 6121 • • • Ryan Smith Brandon Smith City Hall Planning Commission 216 North Fourth Street Stillwater, MN 55082 Dear Planning Commission Members 127 Birchwood Drive North Stillwater, MN 55082 Telephone (651) 430-2479 May 2, 2000 My name is Ryan Smith, and I, along wth my brother, Brandon Smrth own a house at 127 Birchwood Dnve North in Stillwater We have requested that the Crty of Stillwater vacate the West half of the northern porton of Sunset Dnve in the Rearrangement of Rades Sunnyslope Addition to Stillwater (see attached maps) The legal descnpbon is Westerly twenty feet (20ft) fdlowng centerline to the South Easterly comer of Lot 5 Block 3 Rearrangement of Rades Sunnyslope Addition to Stillwater When the onginal development was platted in 1956, and the rearrangement of Rades Sunnyslope Addition in 1958, the Wetlands Act of 1979 was not fully in effect Since the ad was not in effect, the developer, Mr Rade, platted the northern part of Sunset Dnve in a pond and wetland After the Wetlands Act came into effect, ponds and wetlands could no longer be filled Currently, ninety percent (90%) of the northern portion of Sunset Dnve is under water and is not suitable for bulking This platted street was never constructed and a cul-du-sac was built in its place This has left an unused nght of way in our backyard and has caused unnecessary lot line radii LLP_S These lot line oddities were created when the rearrangement was created Before the rearrangement of Radles Sunnyslope Addtion the back line of our lot vas straight, which is where we are proposing the vacation retum it to The vacation of half of this nght of way will make our lot a traditional rectangular lot and let us use the portion of our land that the platted nght of way has made useless We are petitioning only a partial street vacation in order to maintain nght of way for the existing street utilities and legal access to pnvately held properties The Easterly half of Sunset Dnve has a storm sewer pipe located in a portion of it to control the pond elevation The aty may deade to maintain the easterly half of the nght of way since it contains a small portion of the cul-du-sac and would provide for future street maintenance and snow storage This half of the nght of way would also offer twenty feet (20ft) of legal nght of way access to the two remaining pnvately held lots on the easterly side of Sunset Dnve (which is underwater) The other remaining lots are property of the aty parks department and have other access points There is also a small stnp of land connecbng these pnvately held lots to the cul-du-sac All of these pnvate lots are owned by Swager Brothers who onginally developed the surrounding properties and are on a slope of thirty percent (30%) or greater I have also contacted Swager Brothers to inquire about the vacation and they feel rt should be completely vacated and that the vacation of the nght of way would have no consequence to them or their lots These lots are also to be published for tax forfeit this week and placed in public auction by August The City of Stillwater wit most likely purchase the lands for parkland at that time and would benefit from the street vacation have also discussed this vacation with Klayton Ecides the Crty Engineer, and the Crty's Engineenng Department would have no reservations against a partial vacation City Engineenng would only require an easement around their storm sewer pipe that is on the eastern side of the street Mr Ecides expressed no reservation about a full vacation should the commission deem that necessary We know rt is non-tradtonal for the aty to vacate only half of a nght of way and has only done partial vacations a handful of times We have spoken with the majority of our neighbors within five hundred feet (500 ft) and have their signed letters of support for the vacation We hope that the planning commission will see the logic behind a partial or frill vacation and grant rt. We greatly appreaate your time and consideration If there are any questions or concerns, please feel free to contact Ryan Smith at 430-2479 (home) or 430-8833 (work) or Brandon Smith at 430-2479 (home) or 275- 1936 (work) Map Design by Ryan Smith (651) 430-2479 SUN SLOPE LANE Proposed Area of Sunset Drive to Vacate Map Design by Ryan 5mrth (651) 430-2479 1419 N. ..>, ., , . 0 , Proposed Area of Sunset Drive to Vacate 100 0 • 22 22 OP-E----L PARK 100 Feet \r � i • Letter of Support I / We hereby support the vacation of the portion of Sunset Drive listed below I / We have seen and understood the area to be vacated I / We were explained to what a street vacation actually is and fully support the petition _WEST MYRTLE, / A portion of Sunset Drive as follows The portion that lies west of centerline of Sunset Drive and north of the Southerly Right of Way line of Sunnyslope Lane ending at the South Easterly corner of Lot 5 Block 3 Rearrangement of Radles Sunnyslope Addition (127 Birchwood Dr N) We the undersigned support the partial vacation of Sunset Drive 9 Namekq+U cd ess 4.A.,kar It() .4_,.6c,i&Lo_e_r `J"" , iign Lthh1 - \ \� 611p1U6' Di-Tfokt__, a--, c- - 4 Ca 1v16(, f (17 2 t 4 & % eedoe 11 Letter of Support • I / We hereby support the vacation of the portion of Sunset Drive listed below I / We have seen and understood the area to be vacated I / We were explained to what a street vacation actually is and fully support the petition ttv 12 0 i -14TF:r-teklia 1'6 101 \& N. •7:1/4.j •.� 1 r r Z l4,‘ ILit t3 I,N 111 � , _WEST MYRTLE / A portion of Sunset Drive as follows The portion that lies west of centerline of Sunset Drive and north of the Southerly Right of Way line of Sunnyslope Lane ending at the South Easterly corner of Lot 5 Block 3 Rearrangement of Radles Sunnyslope Addition (127 Birchwood Dr N) We the undersigned support the partial vacat Name Add\resss Sign PA V., ,_.. I_ ( 4- (j' 1r-3,G9occ_1n !Jl-. D f % /J-g• C. h wood Lv I Y • ' r d,f,,,iti ►' 144,1 . d edrr„, 0 D/t , i % ,,, ., .Q,, ! �.l3 , D� / . a 9 `��6140,0,.? D� - - ., / _ . 1 1. �,.,,� //e /0 Ads 21 2 D.,)-7 --14., , 0( M ,i-c - .23 aIV• dq- y t.�� s � �.c •. .. �.� R. '-''''-'11;' —{ "-. — 4 m f �r ,.t l ,! I NR�RRNG441.1ET EtS SUNriZOPE ADDMO/ ,, 5',, r^NEJT OF BLOOAr iVo (_ ` .. / - t41 t ST/LL/YAT2A A//NNtS6TA 6 'Pot( ! .1154, • Jra .ores Jww. Jeus / loco JOO lizr r 11BST Sit -IA R,J i Ur try a tit, t haring .arty d the yr Da q d..arlb.4 till plat m • d310011 07 e.m:ti = If CIS LEMON Year 07 Y=OCZ 10 1 and L.pl. d Issas at tta • run. • slact nil an 1s a rr.et. Else 1 ea 1 r r t er• 4 ear any travalad r ad or sue t e a r same .scept as shorn. GHraN �� st t red seas Rrro er Minn. t. e. tiffs. Zs 705 Etats f Ml.maot. County of :a Masts i t 0. thl. 5rd. day f Jam 1958 b f0 tba and r tan d y r.eaully .pp es 6 Sao a Y Sias t to ion t b tN p. d .e lb d la and run cat d to. f N lee Le trm t and .dam lads d that De or t/1Je.an Wu o . h1f t e.1 4 C. y1 .s1. 04-A a a�.w16'ti Rotary labile I atesta Coanty I.vm Id easel 1 a syl 04T 2O 944/ mio to to a rtlfy that Remy J Baal and of the followings all of S.d1.Io Remy Rep addtti w ormy d and platted and nor on fit and of lidos of Washington County Men to that pmmy pope dddltte.. Clara L ass, ho band and r!t sa to tL City of athirst Sim meta . record to tl. .fit.f of the Salt tsar of 11 vast of Meek as Om .f said S.d1 Esrd oamad the um* t b s.rrq.d and DI tt d and bar after kmro .. 10d— `3^tat oS Ua gEIS'NVIMS VIM WOSITMOS RR 07 3110Ct SO 1 b Os City of Itlllsat Man - .deb.. •p show by this plat and km by d.dtuts to the pahlta and f r th. oah11 e forever all tM Rtroot 17r1 „ leas Part and Ylysrraad • ohota. nisei' our loads and ..el.....na.d_ day •f .1 E 1953 d/ Barns, .4..vsrow 1 MYRTLE STREET sari /," I Etats of Mion000ta Co of of r.shioet City f ltillrat r t • N tine of th. City C.metl f Via City of tt111r.t day of the plat b .on dal! oat d Sono yyr. d °d / rl May her bs o moil tint tun f its Yee 7 ..16 ad %roaster • clad Vila r/ rat Ctly C1 k /93-7 a !and b r/ A Coonyfr.. ar.r S blast a County in County audit Y hind. Comfy S O tatd !Rime ta Counts .VUIMmat . I be by city tot the lasts= at an tit she t vas fit d 10 t dry a.0. 1955 t el — Seei ins f Sisle • RA DL E S SUNNY SLOPE ADD/T/ON TO THE CITY OF ST/L L NA TER M/NNESOTA r fFY o Indieat t /lent 'NI Jfl: / NfJ r J« 29 r70N .PIOIY /Ion / Scat / /00 J(d /9S6 awes f.fiff/aitef .SwvPyor • W NY Lt • Sr • J • • • PLANNING APPLICATION REVIEW FORM CASE NO V/00-38 Planning Commission Date June 12, 2000 Project Location 127 Birchwood Drive North Comprehensive Plan District Single Family Residential Zoning District RA Applicants Name Ryan and Brandon Smith Type of Application Variance Project Description A Variance to the street setback ( 30 feet required, 13 feet requested) to construct a garage, and a Vanance for a second detached 936 square foot garage Discussion The apphcant is requesting a Variance to the street setback as a result of a number of large trees m the yard One or more of these trees would have to be removed m order to construct the garage within the required setback The applicants also make note m their letter that the reason for not constructing an addition to the existing one car garage is due to a steep slope and a pond and due to fact the existmg building is 2'-9" from the property line The proposed garage would have access from the cul-de-sac adjacent to the rear of the property It would be built with matenals to match the house The zoning ordinance limits the number of garages on a single family lot to one The existing residence currently has a single stall garage 260 square foot attached to the house, with the proposed garage of 936 square feet there would be over 1000 square feet The zoning ordinance maximum is 1000 square feet So square footage allowed would also be exceeded Conditions of Approval Should the Commission approve the request, staff recommends the followmg conditions of approval 1 The garage shall be similar m style, colors and materials as the main structure 2 Drainage from the roof shall remain on site 3 All plans shall be approved by the City Engineer and the Buildmg Official 4 A business shall not be operated out of the garage or residence without the required Home Occupation Permit 5 An easement around the cul-de-sac will be dedicated as right of way area to be determined by the City Engineer • • • Recommendation Approval as conditioned for Variance to the setback Denial for the Variance for a 936 square foot detached garage A single car garage could be built, therefore keeping the total square footage for an accessory umt less than 1000 square feet 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 hardslups 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 vicuuty, 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 mtent of this title or the pubhc interest nor adversely affect the Comprehensive Plan Attachments Application Form/Letter/Site PlanBuildmg Plan/Elevation Drawing/Photos 7 Case No Date Filed Fee Paid ' 7 Receipt No PLANNING ADMINISTRATION FORM vao--3.7 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 V Variance $70/200 Comprehensive Plan Amendment* $500 Zoning Amendment* $300 Subdivision* $100+$51 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 All supporting material (i e , photos, sketches, etc) submitted with application becomes the property of the City of Stillwater PROPERTY IDENTIFICATION Address of Project / 2.7 $ ,4 i iv-- N Assessor's Parcel No 2903°zO yfoo6q Zoning District R A Description of Project "I hereby state the foregoing statements and all data, information and evidence submitted herewith 1 all respects, to the best of my knowledge and belief, true and correct I further certify 1 will comply with the permit :fit is granted and used " Property Owner 441-, r ge"ti I. CM 714 Representative Mailing Address I Z7 8 ...4 ..mot D- /v Mailing Address City - State - Zip $i1 //w+.4.- , ,4a 7-3 a a Z City - State - Zip Telephone No 6r °1..ge Telephone No Signature �J Signature SITE AND PROJECT DESCRIPTION Lot Size (dimensions) x Land Area Height of Buildings Stories Feet Pnncipal Accessory Total building floor Area Existing sq ft Proposed sq ft Paved Impervious Area sq ft Number of off street parking spaces provided sq ft Revised September 16, 1998 127 Badiwood Dnve North Stillwater Minnesota 55082-4660 Ryan and Brandon Smith • May 24, 2000 City of Stillwater Planning Commission 216 North Fourth Street Stillwater, Minnesota 55082 Dear Commission Members We are wntmg this letter to request a vanance to allow us to build a detached garage m the rear portion of our lot behind our house Ideally, we would like to expand our existmg garage to convert it from a smgle car garage to a double car garage Unfortunately, due to a steep slope and pond adjacent the current garage, any expansion would be impractical Having a 2000 square -foot house, owned by two brothers, with only a small single car garage is difficult As our neighbors, Greg and Kay Olson, so eloquently stated at the last planning commission meeting, "there is a canoe, a catamaran, and lawn mower m the back yard" That statement proves the need for us to have somewhere to store those thing Additionally, I am a salesman and need to store samples and supphes that I use for work We are familiar with the regulation calking for 1000 square feet of garage space Since we cannot add on to our existing garage, we request that we have the ability to build a two -stall garage in the rear of our lot Our neighbors, Gary and Dianna Midbrod, who have a home similar to ours, recently completed a two stall garage m the rear of their home while still mamtammg their single car garage The garage will be built with access from the cul-de-sac adjacent to the rear of our lot It will be professionally built with quahty matenals to match the look of our current home and there will be no business conducted out of the garage The garage will not be mjunous to the neighborhood or otherwise detnmental to the pubhc welfare In fact, it should benefit the neighbors by having a central enclosed location to store items that would otherwise be m plain view Traffic will not be adversely affected as no busmess will be conducted out of the garage, and the garage is located on a cul-de-sac The nature of use and type of operation will be vehicular, boat, and miscellaneous storage The position and size of the proposed garage is necessary to match the character and use of adjommg land and buildings Granting this vanance is necessary for the reasonable use of our home Sudi a large home with a single car garage in today's market is a severe hindrance to the usefulness of our home We understand the need for regulations, and we also recognize the that the strict apphcation of such standards are sometimes mappropnate because of special circumstances of the property We ask you to see our property, just as you did for our neighbors, as a special circumstance Respectfully, • Ryan Smith Attachments Existing Garage Notice the limited space with only one standard vehicle Proposed Garage Location (Camper owned by Greg & Kay Olson, 1320 Sunnyslope Ln and Garage owned by Gary & Dianna Midbrod 123 Birchwood Dr) Stakes denote proposed location to match existing structures Cul-De-Sac View Proposed Garage directly behind neighbors' camper Will match neighbors' structure, our house style and existing neighborhood styles ik fl a RIG -HT SIZE ELEVATION Lin BCN'h i OV10 tin WZ*W Ov-a I� ' o N 0 = 9 3 1 II.4U_ATED 4 HEATED slice 4 OCrC &AO W e%e 10/10 teen ENERGY ROOF TRUSSES GARAGE C 4 CCND ELM W exe talc MESH �! CLAD RnNCH UNIT 0-AD 6 ^O 1 0 0 N H WIT e -0 FRONT ELEVATION RCCe VENTS 2354 ASPHALT SHINGLES 134 PELT PAPER 1/2 INWARD ENERGY TRUSSES 24 0 C 4-36 INSUL AIR CHUTES 4MIL rttfiVD 5/6 SHTROCC 2X8 SUDFASCIA ALUM FASCIA COVER ALUM SOFFIT W/ YEMa 5TL SIDING 148 05b SHcATH I1G 2X4 5TU35 16 0 C 3 l/2 FG INSUL 4MIL PC1.TVb 1/2 5HcETRCCK 2X4 TREATED SILL SILL SEAT. 1/2 A b 6 CC 2 C 6 BLOCK ICE 4 WATER SHIELD 4 THICKENED SLAb W/ 2 - 64 REDAR CCNTINCUS 4 COW SLAb W/ 6X6 10/10 FEW II-4 ITTPICAL WALL MOTION 1 'MAIN LEVEL FLOOR PLAN RYAN & 13kANtON 5M111-1 121 f31t;CNWOOP PRIVY NOI: H 51111-WAf R MN 55082 (65I) 430-2479 RD Transportation Long Lake WIL Map Design by Ryan Smith (651) 430-2479 South Twin Lake N CREEKSID -RT SINN TS POND 9 CROIKw w BRUERS POND z WENSON KUSICX ROB REC CENTER CURVE CREST JOHN •N PINEHURST ST G; AUTUMN WA'PP zzm O O TOWER OR OAK HILL CT N o< "WOao Greek TROTTER CHU RCM ST W ANDER BRICK POND 1 HUDSON ST co W ORLEANS OREN CT Location Map 127 Birchwood Dr "°° Stillwater, MN 55082 2000 0 2000 Feet DR HUDSON ST, y D USL K GTO N ..� Jr 1 - V • 90.23 meas. -� xl ov of STREE'l I 4 —2tit lea 10 (f) 2 I Sib 411‘14:4#4;11ir'16 3. r"; c. i t.....4-___.i \L A 0 a :\ , East fens of trot 6 8t ', West line of Lot 4 8 • t 1 ge 75 plat 26 2 01' 62.00 7' 34" E --106 20 J- ,tl 4' • MEMO To Planning Commission From Steve Russell, Community Development Director Subject Zoning Map Amendment Rezoning a 55,254 Square Foot Site from Agricultural Preservation, AP, to Single Family, RA Case No ZAM/00-3 Date June 7, 2000 The request is to rezone a 55,254 square foot site Single Family Residential and to subdivide the site into three lots consistent with the RA standards The proposed zoning designation is consistent with existing area land use and Comprehensive Land Use This application requires Joint Board approval Recommendation Approval of rezoning Attachment Application and map • • n • • • • • Case No 0 Date Filed Fee Paid Receipt No PLANNING ADMINISTRATION FORM COMMUNITY DEVELOPMENT DEPARTMENT CITY OF STILLWATER 216 NORTH FOURTH STREET STILLWATER, MN 55082 ACTION REQUESTED X Zoning Amendment* Subdivision* Resubdivision Total Fee os 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 $300 '` aS100+$5 A/oa me4 *An escrow fee is also required to cover the costs of attorney and engineering fees seec tt 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 7970 Att-e— Zoningoning District f2-/ Description of Project Assessor's Parcel No 3 c'2-0 // v0G "'fic/n,- Sc.1a-� d/Sl d "I hereby state the foregoing statements and all data, information and evidence submitted herewith i all respects, to the best of my knowledge and belief, true and correct I further certify 1 will comply with the permit if it is granted and used " Property Owner /v1 G q6sen Mailing Address 7i 7o X2' / Telephone No 6.5-/ — 47 -- 27S'F Signature a 4,� Representative Je 1c,e-r 4 t/s 4 Mailing Address ao_2o Ze,e464,-,171472-. Telephone No 6 5-7-1/30 —7 7' Signature SITE AND PROJECT DESCRI Lot Size (dimensions) x S Land Area S s .zsy sQ r�- Height of Buildings Stories Principal Accessory Feet .20) TION Total building floor Area .2 tlSo Existing 2alra sq ft Proposed 2 )S Z5 sq ft Paved Impervious Area sq ft Number of off street parking spaces provided sq ft Revised 5/22/97 • • -0-- 4 • MEMO • • THE BIRTHPLACE OF MINNESOTA To Planning Commission //- From Steve Russell, Community Development Director Subject Subdivide 55,254 Square Feet of Land into Three Single Family Lots (Case No SUB/00-34) Date June 7, 2000 The request is to subdivide a 55,254 square foot lot into three lots of 31,254, 11,999 and 12,001 square feet The zoning for the site is Agncultural Preservation, AP If the zoning amendment is approved (ZAM/00-3), the lot would be zoned Single Family Residential, RA, requiring 10,000 square feet per lot The proposed lot division meets the lot size and dimension requirements of the RA distnct The application will be reviewed for comment by the Joint City Township Planning Board Conditions of Approval 1 The applicant shall pay in lieu park dedication fee for two lots and trunk utility fees 2 Comments from the City Engineer regarding easements, grading and utilities shall be met before final plat approval 3 The owner shall show evidence that the Creekside Crossing developer has an agreement to be compensated for the road and utility improvement costs benefitting this property 4 Developer impact fees shall be paid before final plat recording Recommendation Approval Attachments Application and subdivision plans CITY HALL 216 NORTH FOURTH STILLWATER MINNESOTA 55082 PHONE 651-430-8800 • • PA 1 Name Address PRE APPLICATION FORM ao;z Telephone 6 7- 4,o -77,7 (W) q37- 3 b (H) 2 Name of proposed development Number of lots 3 Legal description Size of property in acres /V eQ / Nea dea}s oc/i d / 1 UC1/ 6)7) r�� .0 of 3 7S /cc k. 2 /✓E^,4 L k/1� S 4 Current use of property Proposed use of property Current zoning of property Proposed zoning of property Natural resources located on property 'e5,-- c.../ie,-- Historic resources located on property _Ej/e 5 Submittal Requirements Sketch Plan (SP) Applicant's Signature Date /jp ---..,_4,_,_2_,L=„.,__ i ER ONauk .r4 ecnr I I I I I I I le I I I I11, 114 1/ /I 1/ // // awNE-R /1 // // // // // // 1/ 1/ 1/ 11 \ // 1/ // // // // // 1/ 1/ /1 /1 /1 /1 I I II 11 11 II I I I I OWNER oP S P T( — tI i -` A I 4" i -- i n/ i 2 e i �h � I t a �, a e I I Rom''-e„—�� _ . roilour OWNER PIE HOW! POO MX awe re". OWNER 1 my r — — I OWNER — — OWNER n1 TM no Her — OWNER nd For ®EXISTING LEGAL DESCRIPTION® ®SETBACKS w Mt -w WIT ®SUMMARY m 6 TU ER RAIN, RV1 Trf Hr+ RIM} 31164 al 16w ,. PI orr _» MI "MD AA h., n. o' K mrh.to Rot w 5 n �ft n n n� ® GRADING NOTES CSEMERSDB ®LANDSCAPE NOTES MEMO rare 1.5.111 Gopher State One Call rya of Ann. ri-00f0 60 ly � SC IL IM Tear Gomm Jo If III 1Leo. b • ow R Mc ' n.— u rrn MI ...n CITY OF 'TILLWATER tod PRELIMINARY NOT FOR CONSTRUCTION PROJECT NEAL MEADOWS 2ND ADDITION StUI of Minn oto .11.20 Pa. W▪ PM 001.0 �PIELBIDIARY RAT CONTROL PLAN IDH LANDSCAPE PLAN • • • 1ra fli • • • PLANNING APPLICATION REVIEW FORM CASE NO SUB/00-33 Planning Commission Date June 12, 2000 Project Location 314 Chestnut Street Comprehensive Plan District Central Business District Zoning District CBD Applicants Name Mike and Sandy Hudson Type of Application Resubdivision Project Description A resubdwision combining two lots into one lot Discussion The applicant is requesting to combine a lot and a budding into one lot Attached is Washington County's approval to combine lots, along with the conditions the apphcants had to comply with in order to combine lots Conditions of Approval 1 Approval of City Engineer 2 Legal survey to be recorded Recommendation Approval as conditioned Findings The subdivision meets the development regulations of the zoning and subdivision ordinances Attachments Application Form Site Drawings • Case No 6o 0D —33 Date Filed 5— Fee Paid LIDO "` Receipt No 7 3 3 81 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 FEE $70 $50/200 $25 $500 $70/200 Comprehensive Plan Amendment* $500 Zoning Amendment* $300 Subdivision* $100+$50/Ic J( Resubdivision 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 hf'cll # zF030 �v yi 00/7 ,/ P/ROPERTY IDENTIFICATIONBI/ 6/�J z� 030 20 y/ Gvib • Address of Project -3i 7 61615 /7 17 j/ �_ Assessor's Parcel No .2b'-v30 2-0 y/ 0) Zoning Distnct Description of Project C-vfP.h k f a-, 4 $u, /d: 7 (..",,-0-.„. o /Lc. 2c¢-e • "I hereby state the foregoing statements and al! 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 is granted and used " `�yy� 4S Property Owner /�l uff-A Representative Mailing Address Telephone No Telephone No Signatur , Signature Mailing Address oZ3C)// SITE AND PROJECT DESCRIPTION Lot Size (dimensions) x Land Area Height of Buildings Stories Feet Pnncipal Accessory Total building floor Area Existing sq ft Proposed sq ft Paved Impervious Area sq ft Number of off street parking spaces provided sq ft Revised 5/22/97 '1 • • Wh .SHINGTON COU.4TY LAND RECORDS 14949 62 ° STREET NORTH • PO BOX 6 • STILLWATER MN 55082 0006 FAX 430 6178 • PHONE 430 Aid (., /(07 C311 F' ' n ����nt�r SUnER d C- fF,:;_NLD AY " coU1T( Combining Real Estate Parcels into One Tax Parcel: Under MN Statutes, owners of contiguous property, which has exactly the same owners listed for the property and meets certain other conditions may combine the parcels into one tax statement To be combined, the following conditions must be met The parcels must have exactly the same (identical) ownership The parcels must be contiguous (bordering) and m the same plat If the parcel is unplatted, they must be m the same section/township/range Apphcation will not be processed until current year's taxes are paid m full All parcels must be taxed the same (city, township, TIF, Green Acres, etc ) All Special Assessments must be paid on all parcels or recertified by the city or town for the new parcel CAUTION Parcels of property that have been combined cannot be divided again without municipality approval and if location is in a township Washington County TPLL Department must also approve Combined property tax will be reflected on the next year's statement Owner (ApplicanO Name - No ft A /77,(-0 S w� Address a v jL ra.(714-head t c4S S7`7/l/rzJ - Parcels to be combined ag Die DO / '7 aS 030 ao4I ooi /hi) -pi3O _ssUEo e-A9,Y 030 ao y/ o/Z� Signatu • C-6ga— Date Washington County does not discnminate on the basis of race color national origin sex religion age and handicapped status in employment or the provision of services WASHINGTON COUNTY TAX RECEIPT Date paid 5/11/2000 Paid by HUDSON,MICHAEL & SAN Pay Method Check # 1222 Trans No 222077 410 Year Type Bill # Parcel 2000 RE 4247 28 030 2000 RE 4248 28 030 Thank you for your payment, WASHINGTON COUNTY • • Tax amount Penalty amount Interest amount Additional Fees 3,084 00 00 00 00 Total paid 3,084 00 Number Tax Amount Paid in Rcpt# 20 41 0016 2,275 00 Part 485538 MICHAEL & SANDRA J HUDSON 20 41 0017 809 00 Part 485539 MICHAEL & SANDRA J HUDSON WASHINGTON COUNTY TAX RECEIPT Date paid 5/11/2000 .Paid by HUDSON,MICHAEL & SAN Pay Method Check # 1220 Trans No 222078 410 Year Type Bill # Parcel 2000 RE 4248 28 030 2000 RE 4247 28 030 2000 RE 4245 28 030 Thank you for your payment, WASHINGTON COUNTY • • Tax amount 4,802 00 Penalty amount 00 Interest amount 00 Additional Fees 00 Total paid 4,802 00 Number Tax Amount Paid in Rcpt# 20 41 0017 809 00 Full 485540 MICHAEL & SANDRA J HUDSON 20 41 0016 2,275 00 Full 485541 MICHAEL & SANDRA J HUDSON 20 41 0014 1,718 00 Part 485542 MICHAEL & SANDRA J HUDSON 4 • • • PLANNING APPLICATION REVIEW FORM CASE NO V/00-35 Planning Commission Date June 12, 2000 Project Location 219 Sherburne Street North Comprehensive Plan District Two Family Residential Zoning District RB Applicants Name Dan Magnuson Type of Application Variance Project Description A Variance the front yard setback (30 feet required, 27 feet requested) for the construction of a deck Discussion The applicant is requesting a Variance to construct a deck on the front of his house The proposed deck is approximately 9 feet by 22 feet It will be two feet off the ground and not have a roof There will be a railing around it The existmg house is not within the required front yard setback nor are the neighboring houses There is no prevailing setback smce the house to the south is about even with applicants' house The house to the north is set much closer to the street than the apphcants' house Conditions of Approval 1 The porch will be similar in style, color and materials and the house 2 Plans shall be approved by the City Engineer 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 justifymg a variance 2 That a variance is necessary for the preservation and enjoyment of substantial property rights possessed by other properties m the same district and m 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 authonzing of the variance will not be of substantial detriment to adjacent property and not materially impair the purpose and mtent of this title or the pubhc interest nor adversely affect the Comprehensive Plan Attachments Application Form/Site Plan • • • Case No Date Filed Fee Paid 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 Zoning Amendment* $300 Subdivision* $100+$51 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 2.14 Sinc5t- Zoning District ?U Description of Project G.cl ci cl e c. K 9 " V z z "1 hereby state the foregoing statements and all data, information and evidence submitted herewith all respects, to the best of my knowledge and belief, true and correct I further certify I will comply with the permit if it is granted and used " Property Owner LEA M�c� 0v Mailing Address ales [Signature k t. 0AD- phaA, C “Ac.Nv..Sv, (W, .c-c ) i` .4,.,- tt 3s i - 7, 1, L, Telephone No 4-13o - i (° Assessor's Parcel No Representative Mailing Address Telephone No Signature SITE AND PROJECT DESCRIPTION Lot Size (dimensions) boo x (0 Land Area (,,nc Q iFf Height of Buildings Stories Feet Pnncipal Accessory Total building floor Area Existing sq ft Proposed sq ft Paved Impervious Area sq ft Number of off street parking spaces provided sq ft Revised 5/22/97 .•r 9 �'2 ' Deck 02' brF ro.r`c1 w + 1► 1,,, ra,h,5 1 C- PrbP«'1 L,^c a. SS3-IJI&L3-c kie 1-(rIa(S 51'-75-0 Dv 0 T l 7\ z-7 TCoo Li r\J. c2 % b .\)e e.C( Uceof ckn c_ c 1 • > (o(kh Pro per%1 Line 2-S' Q & 0 0-AA-CW•dt-P-- of . •e 30 -32 --L' -cK_ .tc J cL cl.e.cie. 9 y 2 4 on • • • .,w 4014- lu,4-2A 5V.nbwy„- SF, -1-_ - 30 .4.e.t,lb ,lt ,Lc-` a..•4_ • iliwater THE BIRTHPLACE OF MINNESOTA May 31, 2000 RE VARIANCE Dear Property Owner The City of Stillwater has received a request from Dan Magnuson for a variance to the front yard setback for the construction of a deck at 219 Sherburne Street North in the RB, Two Family Residential District Case No V/00-35 The Planning Commission will be considering this case at a public hearing on Monday, June 12, 2000 at 6 p m in the Council Chambers of Stillwater City Hall, 216 North Fourth Street If you have any comments or concerns regarding this request, please attend the meeting All persons wishing to be heard in reference to this request will be heard at this meeting Enclosure Steve Russell Community Development Director W A- i‘AaA/* /1-701)1 '1)Iwj /LI + 16/1/W. 0 /1) 1/t/-9' 0),. CITY HALL 216 NORTH FOURTH STILLWATER MINNESOTA 55082 PHONE 651-430-8800 o • • • PLANNING APPLICATION REVIEW FORM CASE NO SUP/00-36 Planning Commission Date June 12, 2000 Project Location 319 West Pme Street Comprehensive Plan District Two Family Residential Zoning District RB Applicants Name Jon Wubbels Type of Application Special Use Permit Project Description A Special Use Permit to transfer the operation of the Ann Bean Mansion Bed and Breakfast Discussion The request is for a Special Use Permit to operate the Ann Bean Mansion Bed and Breakfast The exterior facade of the building and the name of the Inn will remain the same The applicant previously owned the Ann Bean Mansion Bed and Breakfast in 1997, and is now coming back He purchased it from the people who purchased from him. One parking space per guest room plus two for the manager in required by ordinance The applicant has seven parkmg spaces The bed and breakfast has five guest rooms Conditions of Approval 1 The manager of the residence shall live on -site 2 Before use an a bed and breakfast, the building and cooking facilities shall be approved by the County Health Official, City Fire Marshall and City Buildmg Official and a Letter of Occupancy received by the Community Development Director This may be done in stages as rooms are available for guests 3 One parking space for each guestroom shall be set aside and marked "FOR GUESTS ONLY " Two spaces available on -site for manager 4 If provided, dining facilities for breakfast shall be available to registered guest only (not available to the public) 5 No liquor shall be sold on premises If wine is served, a wine license must be obtained from the City (Ord #768 adopted 10-22-92) 6 One four square foot sign is allowed on -site consistent with the architectural character of the building (maximum height four feet) 7 Adequate pedestnan scale lightmg shall be provided between the Inn and parkmg 8 No general external hghtmg of the site that may impact the surrounding residential area is allowed • • • 9 The Special Use Permit is not transferable New property owners or managers shall require a new Special Use Permit 10 The Bed and Breakfast Use Permit shall be reviewed before the Planning Commission and City Council for revocation if complaints regarding the bed and breakfast use are received by the Community Development Director 11 No additional bedrooms can be used for the bed and breakfast 12 Access easement shall be kept clear for the property owner to the South Recommendation Conditioned as approved Fmdmgs The request meets the mtent of the Bed and Breakfast Ordinance Attachments Application Form May 21 00 07 36p Kari Stimac 05/19(^000 15 41 4308810 763-425-9800 CI'Y OF STILLWATER P 1 PALE 92 • 11' • • • No 6O D Date Flied J Fee Paid .s Reoelpt No 7 ?jag f Ig PLANNING ADMINISTRATION FORM �� ACTION REQUESTED COMMUNITY DEVELOPMENT DEPARTMENT CITY OF STiLLWATER 216 NORTH FOURTH STREET STiLLWATER, MN 55082 FEE Certificate of Compliance S7 .?‘ Conditional or Special Use Permit S5 /200 _ Design Review S2i _ Planned Unit Development' S5 0 Variance 57(1200 - Comprehensive Plan Amendment* $5L0 - Zoning Amendment* 531 0 Subdivision' Sit 04550/i - Resubdlvision SI L0 Total Fee *An escrow fee is also required to cover the costs of attorney and engineering fees (see atteFhed) The applicant is responsible for the completeness and accuracy of ali forms and supporting material submitted in connection with any application PROPERTY IDENTIFICATION Address of Project3i . Lt`i . P, — Assessor's Parcel No Zoning District. Description of Project tUSR-httg)... (3 i r Ps—TC'� sin r u,'To �41.a a to CR F- 1 hereby state foregoing statements end elf data information end evidence submitted her*vlth In ell respects to the best of my knowledge and belief true and correct / further certify I will corn ply with the perrnit if it Is granted end used Property Owner Kam.► ,, hmA Representative 6-16 61 l..J`` Making Address Mailing Addrese9qoi cJ' D j Te x Telephone No Telephone N I a Signature 11� ,, Signature Mn Wi SITE AND PROJECT DESCRIPTION Lot Size (dimensions) x Total building floor Area Land Area Existing sq ft. Height of Buildings Stories Feet Proposed sq It. Principal Paved impervious mpervious Area sq ft Number of off street parking spaces provided Revised 3/22/97 O\ S `1— CO �t r L 61- LL30 0 (i)esv,c ow-n.s4„ vt1 Man - 5IS c3- i T 'TO sr- ft • NOTICE Case No SUP/00-37 is contmued to the July 10`h Planning Commission meeting • • • • • PLANNING APPLICATION REVIEW FORM CASE NO SUP/00-39 Planning Commission Date June 12, 2000 Project Location 413 South Greeley Comprehensive Plan District Two Family Residential Zoning District RB Applicants Name Joe R Thompson, representmg Valley Preschool Type of Application Special Use Permit Project Description A Special Use Permit for the use of 225 square foot storage area for a classroom Discussion Attach is the letter to Steve Russell from Cheryl Olsen, President, Board of Directors of Valley Preschool stating that the proposed "storage room" addition would not be used as a classroom The addition was constructed as a storage room, not as a classroom There are a number of issues m approving the request, besides the one just stated The number of children hcensed by the State of Minnesota is not known Whether or not the storage room meets the building code requirements for a classroom Conditions of Approval Should the Commission approve the request, staff recommends the following conditions of approval 1 The room shall meet buildmg codes for a classroom 2 No additional children shall be enrolled in the preschool (preschool shall provide the City with documentation of 1999 — 2000 enrollment Recommendation Demal Fmdmgs The proposed use will not be mjunous to the neighborhood or otherwise detrimental to the public welfare and will be in harmony with the general purpose of the zoning ordinance Attachments Application Form/Letter from Applicant/Letter from Cheryl Olsen f r • • Case No jU P DU — 3 Date Filed Fee Paid 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 _ x Conditional or Special Use Permit $50/200 Design Review $25 Planned Unit Development* $500 Variance $70/200 Comprehensive Plan Amendment* $500 Zoning Amendment* $300 Subdivision* $100+$5 Resubdivision $100 Total Fee $250 *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 Address of Project 413 S Greeley St Zoning Distnct 834 Description of Project Use storage room as "small _prrsjAc.t arca" where one adult and less PROPERTY IDENTIFICATION New Parcel #28 R30 20 0048 Assessor's Parcel No 9790-215o than 5 students will engage in a prnaPrt at any given timc "1 hereby state the foregoing statements and all data, information and evidence submitted herewith i all respects, to the best of my knowledge and belief, true and correct 1 further certify ! will comply with the permit if it is granted and used " Property Owner Mailing Address Telephone No Valley Presdhool, Inc 413 S Greeley St 65J-43,9-8850 Signature Representative Mailing Address Telephone No Stgnat Joe R Thompson 206 Elm St 51-0475 SITE AND PROJECT DESCRIPTION Lot Size (dimensions) 50' x 126' Land Area 6300 Sa Ft Height of Buildings Stories Feet Principal 1 Accessory Total building floor Area Existing sq ft Proposed same sq ft Paved Impervious Area sq ft Number of off street parking spaces provided 1202 sq ft n/a Revised 5/22/97 • • • May 26, 2000 Community Development Department City of Stillwater 216 North Fourth Street Stillwater, MN 55082 Re Valley Preschool, Inc 's Request for Special Use Permit Dear Members of the Planning Commission lovt') .,0 1 ' ' &J This letter is to further descnbe the proposed use of the subject storage room (the "Room") located on the east side of Valley Preschool, Inc (the "Preschool") located at 413 South Greeley Street, Stillwater, Minnesota A floor plan of the Preschool is attached with the location of the Room shaded Information as to property lines, nearby structures, parking, etc are not relevant to this Application and is excluded However, please contact me at 612-371-2409 should the planning commission feel that any additional information is necessary before providing a positive decision regarding this request BACKGROUND On May 18, 1982, the Stillwater City Council granted the Preschool a special use permit to operate a preschool, and conduct other related activities Last year, Room was constructed to replace the old storage room In a letter dated June 14, 1999, to Steve Russell from Cheryl Olsen, then president of the Preschool, Ms Olsen advised Mr Russell that the Room would not be used as a classroom PRESENT SITUATION Joyce Van Zee, a teacher at the Preschool, has began a woodworking unit at the Preschool The art room (see attached diagram) is currently being used for this activity For reasons including, but not limited to, space and safety, the Board of the Preschool has resolved that the woodworking unit and other small projects would be better conducted in the storage area In anticipation as using this room as a "small project" area, appropnate measures have been taken to ensure the safety of the children in the Room SPECIFIC REQUEST FOR SPECIAL USE PERMIT The Board of the Preschool specifically requests that a special use permit be granted to allow the Room to be used as a small project area to conduct activities such as woodworking Be assured that use of the Room will not adversely affect the surrounding neighborhood since it will not • • • directly increase enrollment, impact parking or traffic, or require any additional construction The special use permit will, however, provide the students and teachers of the Preschool a dedicated room to engage in special projects The benefits of expanding a child's educational experience should not require any further elaboration Thank you for your time and consideration regarding this request JRT cal 1232939 1 Enclosures Sincerely, Joe R Thompson On Behalf of the Board of Directors of Valley Preschool, Inc sTvez Roor►% ACtivrrl Zch,4 Classroom art room - - --- new additior, r4u9 99 • • • g/ 6A-1-11 v ALLE An environment for young q 00 of discovery 'Uc1 C)children .ip ° �I I,RE SCH OO' 413 South Greeley Steve Russell City of Strllv,ater Stillwater MN June 14 1990 ks a representative of Valley Preschool I am sending tills letter 41 per your reauegL Currently VWlleti Preschool has contracted with George W Olsen Const-urtion to bi.irin_ a new storage loom off of the east side of the existing building to ►-, ice the o►cl stl_ira-e room Ccn3r- c*+or is planned to begir on the 21st o June 1990 /0\0 S'ncerci nic J F :, Fool nkwA-- 4 r tip II V • • • PLANNING APPLICATION REVIEW FORM CASE NO V/00-40 Planning Commission Date June 12, 2000 Project Location 901-909-913 South Fourth Street Comprehensive Plan District General Commercial and Two Family Residential Zoning District CA and RB Applicants Name Steve Meister Type of Application Variance Project Description For the construction of a seven car garage, the apphcant needs a Variance to the side yard setback (5 feet required, 0 feet requested) and a Vanance to the maximum lot coverage of an accessory building that is over 1000 square Discussion The apphcant is requestmg approval to construct a seven car garage at rear of three adjoining properties owned by the applicant In order to build the garage, the applicant needs approval of the mentioned above two variances The side yard setback variance is due to the fact that the garages are connected and therefore are encroaching on each properties side yard setback for a structure The second variance is needed because the garage is 2496 square feet total 1 Lot 901 has 672 square feet of proposed garage and 720 square feet of existing garage 2 Lot 909 has 1200 square feet of proposed garage on it 3 Lot 913 has 624 square feet of proposed garage on it and the ordinance is as follows City Code Chapter 31, Subdivision 12 —3a The maximum lot coverage of all accessory buildmgs including attached and detached private garages and other accessory buildmgs shall be 1000 square feet or 10 percent of the lot area whichever is less It is staffs opinion that such a large structure as a seven car garage does not fit the character of the residential area The impact is too great Conditions of Approval Should the Commission approve the request, staff suggests the following conditions of approval 1 The design of the garage should be reviewed and approved by the Design Commission before a building pernut is issued Recommendation V • • • Denial Fmdmgs 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 justifymg a variance 2 That a variance is necessary for the preservation and enjoyment of substantial property rights possessed by other properties m the same district and m the same vicuuty, and that a variance, if granted, would not constitute a special privilege of the recipient not enjoyed by his neighbors 3 That the authonzmg of the variance will not be of substantial detriment to adjacent property and not materially impair the purpose and mtent of this title or the pubhc interest nor adversely affect the Comprehensive Plan Attachments Application Form/Letter from Cindy Shilts, Buildmg Inspector/Site Plan/Elevation Drawing r • • • Case No v/ eon Lie Date Filed S /2 4Z `� Fee Paid Receipt No PLANNING ADMINISTRATION FORM COMMUNITY DEVELOPMENT DEPARTMENT CITY OF STILLWATER 216 NORTH FOURTH STREET STILLWATER, MN 55082 ACTION REQUESTED FEE (e Certificate of Compliance $70 Conditional or Special Use Permit $50/200 Design Review $25 Planned Unit Development* $500 V Variance $70/200 Comprehensive Plan Amendment* $500 Zoning Amendment* $300 Subdivision* $100+$5 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 %L Address of Project %'/ - y0y — y/,3 SGX j Assessor's Parcel No Zoning District Description of Project 9 o.-,,. "I hereby state the foregoing statements and all data, information and evidence submitted herewith i all respects, to the best of my knowledge and belief, true and correct 1 further certify I will comply with the permit if it is granted and used " Property Owner '54\a el.., re j. Representative Mailing Address r'U/ Su y?ZL 5/ Mailing Address Telephone No G �'/ geCa 5'35- 5W Telephone No Signature _,/ Signature SITE AND PROJECT DESCRIPTION Lot Size (dimensions) x Land Area Height of Buildings Stones Feet Pnncipal Accessory Total building floor Area sq ft Existing sq ft Proposed sq ft Paved Impervious Area sq ft Number of off street parking spaces provided _ Revised 5/22/97 f • • • MEMORANDUM TO Steve Russell, Community Development Director Kim Kallestad, Fire Chief Cindy Shills, Building Inspector al June 2, 2000 Vanance Request for 7-Car Garage Located at 901, 909, 913 S 4th Street FROM DATE SUBJECT There are a few items of concern regarding the above referenced request that need to be addressed before proceeding Upon reviewing the MN State Building Code, the requested 7-car garage occupancy would be classified as Group U-1 (pnvate garage) per section 312 2 2 The building code will allow for a 3,000 square foot pnvate garage provided that it is used for only pnvate or pleasure -type vehicles No repair work or fuel dispensing may be done If repair work will be performed m the garage, the occupancy classification would then change to a Group S-3, which requires more restnctive construction than the U-1 classification Section 312 2 2, item 2 requires "exterior wall and opening protection shall be as required for a building classified as a Group R-1 occupancy" In other words, construction must be at least Vii One -hour fire -resistive construction and have NO openings within five feet of the property lines The second issue I have concern with would be the placement of the garage over three separate lots, crossing property Imes It would be acceptable to allow for construction of two 1-hour fire -resistive walls with a 1" air space between them This is standard practice to address zero property line issues in attached single family housing The owner will have to design the building as to have no openings within five feet of the property lines This means that all service doors and overhead garage doors will have to be placed so they do not encroach the five foot area at each property line location The middle section of the garage as shown on the plan is over the maximum of 1,000 square feet, therefore, a variance is needed through the Planning Department before proceeding 84:11 v 0 a O Z 0 a 0 0 0 8 8 0 4 9 *4 Mk �,I �ry/rf1 1i a �'i. i ttnwar 1111 us ;ME 30VId VE/ HVJ L oas c,Hd J�,,,,,VYIIAJi„j `+I��f/, 1111111111111111 11111YIW YII11.14111111 if id„Wi�r l�lifro/A,J1 IN II IllYIll%�VIm f4 III I I14 llt I1ID/iVVf11I Il111' Il1111 IIIIIuul IAI1II i1 I'' hII'//MuV/4Ili f %I114i �H1 VII!t IIiii2 "Mill f 1 111 IIIII,IIr1,1 nnnu i11111 1 Irllll III . 1111MI a ,�iniiii i AFC 11 Ih� 111� l I / I;II�II �!huIrl Inyi��� ,IrlI/�Ir/01Iyla�4l1I1'1�r �I1J}►1►iu4I'JIAlr/ 1'1��/�� 11��!II lI�o th IllIIIYI►IlIf nil i �1li I Hui latloy Iylu`iv �'lii'1 11 11111114i11:d5 ilii Y tI / mono i11WW11111 0 III '' ,,,,, IluI. m��s`�aoe_n/. '� No l'itVil --..';-- )41 tNNMll!.G�'��.� 4 IIIIII11II ,4�,... _ MI itlII11NiI It: il.S YI n111111111174111.y0..- 1lJliD'E L) -LB E1Ls F-11a now 1--Ilnos iNl���,�` t1�44`i�07 ti �l r� 111f ►I►-� ,U 111NI IJ! �111 IIIIIuI IIIlllllllys 1 IA1I+1�t111I IA ? -I fil I11'111 /411011M1 //1 .7,70,iii J11111lll U 1Ilrq ffl f r li IplI 0 In4111 In unIt nll1 111� 1111111 • • ARCHNET THE ARCHITECTURAL NETWORK INC 159. 5ECTIGIH — I I I I l r I 11. Weer ELEVATIot-1 + E.11B I 11 11 11 ®® L LL IpOWTY *A A- 11I JA'corl' 11 + eL 9w Il II 11. o Loat2 PLe. fJ ye, II. IIc; 0 1v II II II I ForrooloL + ht. q9 I I + EL fro III Ir i1 ll /5,1'0' 16 p r/� t(o c ffTffT L113 8 IL IO¢ D Y .( ARCHITECTURE PLWNRIG INTERIOR 009GN CONSIRLCTION lowal1EN1 1961 CREELEY STREET SOUTH CRFlET SPORE STILLWATER MN 55082 PHONE 651/430 0606 FAX 651/430-0180 Project GARAGE ADDITION FOR MIE5TER S STILLWATER MN. P otect No D own By Checked By Dote Rev s ons Item Dote I hereby arty that this plan paaticat or report eo prepared by me r under my direct supennsoon and that I m duly Rogletered under th Taws or th State of MINNESOTA Data Reg Na Sheet T tie ARCHITECTURAL PLAN Sheet Number AS2 02000 The AreI lecturul Net ark, Inc ARCHNET THE ARCEIRECIURAL NEIRURI( INC t2A sT CHURc'HILL S7- CKP /r���iii�iiir�ii�Ti�iirii�iii�iai/iiiri///1/%iiiiir���� / 2 5roley FR Afr eta* 4 90/ �' -1 �� IC fir /// // i;�, "//><� 1 // " , /v Ir • ' 1 V-2 - ` 0'. 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CHURGNItd, NEL° 4 %PuyK1EA s ADD, 4T11J.w.tr1-EIt MN LOT ZS I PIt.ack 13 .VoRfi1/ 30 ARCHITECTURE PI/MINC. RIIERIOR DESIGN CONSTRUCTION I ANACEMENT 1961 GREE EY 51REET SOUTH CREELEY SQUARE S ILLWATER. RN 55082 PHONE 651/430-0606 FAX 651/430-0180 Project GARAGE ADDITION FOR MIESTER S STILLIMTER, MN Project No 00 Drawn By Afro Checked By *H Date s / yes Revls ons Item Date 1 hereby erl,y that Ws plan. spec flea° o report prepared by me or under my direct eupemawn and that 1 am duly Re ,,tered e,aCN I1OC. under th Tow d ay StotoT , MINNESOTA cot Sri 1ie Rsp No 1 Sheet Ttle EXISTING CONDITIONS Sheet Number AS1 02000 The Archdect Rd Net ord. Inc v • • • Planning Commission Page 3 June 8, 2000 Generally, in the past, City Planning decision have supported downtown business growth Other On -Site Improvements Other on -site improvements include an in water office, a storage building (that will be converted to house garbage containers), parking, lighted pedestnan pathway and waiting areas on land and in water and three beverage machines There are tables and chairs but no services provided to the waiting areas An office use has recently been approved for the site relocating the site from the water to the owner's land This will result in the removal of the boat ticket office Recommendation Approval of modification to SUP/99-60 for change in use with additional conditions of approval for increased use with additional conditions of approval Conditions of Approval 1 The maximum number and capacity of boats are as listed below Three boats on City docks a Jubilee - 125 Showboat - 130 Empress - 225 Transient slips - 14 -21 (dependent on size of boat) b Owner dock Avalon - 450 2 The Andiamo boat docked at Sunnyside shall not be boarded from the Downtown City/owner docks - four boats as listed above only 3 The pedestnan walkway running north to south along the nver shall be open for public pedestrian use 4 No outside vending machines shall be located on City property 5 Walkway and site lighting shall be reviewed and approved by the Community Development Director 6 No food service shall be provided to boarding staging areas 7 A site lighting plan shall be prepared by the City and owner providing customer and secunty hghtmg and minimize impact on surrounding areas 8 A new restroom as approved by DNR and Corp of Engineers shall be located on the docks for transient dock and charter/excursion boat users 9 Two restrooms, one for women and one for men, shall be located on the bottom of the new office building The restrooms shall be open from 10 a m to 10 30 p m daily dunng the boating season, Apnl 15 to October 30 10 The outside storage building shall be converted to a garbage container enclosure and all garbage stored within the building 11 The use and these conditions shall be enforces by the City through issuance of its annual dock permit ft 11 • MEMO • • To Planning Commission From Steve Russell, Community Development Director Subject Review of Special Use Permit for Charter/Excursion and Transient Boat Use Located on the St Croix River East of South Main Parking Lot Date June 8, 2000 Background The onginal special use permit for the use of the docks (commonly called "City docks" but not owned by the City) for boat activity was issued in 1988 (staff report enclosed Case No SUP/88- 60) Since 1988, the charter/excursion boat activity has increased in terms of number of boats from three to four and capacity of boats from 275 to 930 Three of the boats are moored to the docks that connect to City land, "City docks" and one boat is moored to a dock "operator's dock" connected to the business operator's land A fifth boat, the Andiamo, is docked at Sunnyside and boarded at the "City docks" When the onginal special use permit was issued in 1988 there were three boats with a capacity of 275 At that time, the boat operation parking demand was estimated at 50 parking spaces Last year a dock permit was issued by the City Council for four boats with the following capacity (figures were provided by the operator) Three numbers are provided for each boat The first is the coast guard approved capacity, the second is the practical maximum and the third number is the average use based on actual use Coast Guard Capacity Maximum Average Avalon 675 450 235 Andiamo Showboat 150 130 130 Jubilee 150 125 90 Express 500 225 170 Andiamo' 115 45 33 Totals' 1475 930 625 A fifth boat, the Andiamo, is docked at Sunnyside Manna and boarded from the "City dock" Fourteen to twenty-one transient boats, depending on size, are docked for daily use at the "City dock" in the transient boat slips Based on observation and discussions with the owner, the boat use activity peeks on Saturdays with 1,000 customers The day -night split is typically 40 percent day, 60 percent night The first boat goes out before noon and the last boat gets in around 11 00 p m Dunng the week the activity level is usually lower, 700 customers, Sunday and Fnday and 350-400 Monday through 'Docked at Sunnyside, bordered at Downtown Docks 'Number excludes Andiamo i • • • Planning Commission Page 2 June 8, 2000 Thursday The boating season runs from April 15 to October 31 or 180 days with June - September, depending on the weather, seeing greater use The average daily activity for the 1996-1999 penod is listed below 1999 642 customers/day 1998 580 1997 524 1996 520 For the last three years, boating activity has increased on average 5 percent Parking In 1996, the Downtown Parking Commission conducted a parking survey of the Downtown area Parking Distnct #1, the South Main Distnct, one of the busiest areas of downtown, (the area bordenng Main Street and Nelson Street and the St Croix River), has 50 businesses with a parking demand of 1,015 spaces Four hundred and eighty seven (487) spaces are provided in public and pnvate lots according to the survey (see included map and table) Since 1996, the boating activity has increased 15 percent The number of parking spaces provided by the City and boat operator has also increased as discussed below In 1993, Andiamo Enterpnses received City approval to construct a 30-car parking lot In addition, as many as 20 cars are parking west of the railroad tracks and east of the South Main Lot in the vicinity of the docks and additional railroad land to the south has been leased this year (2000) for parking Parking demands based on maximum capacity with all boats in operation indicates a parking demand of 310 parking spaces The South Main Lot contains 102 spaces, the River Lot 100 and UBC 100 On street parking is two hours To provide an area context, a review of other restaurant use m the area and the amount of parking provided is shown below Seats Parking Vittonos 200 25 Estebans 250 Shared Bnck Alley Lot - 50 Dock Cafe 220 31 Freighthouse 350 38 Trumps 300 0 Grand 300 0 As you can see, in Downtown, individual businesses do not provide enough parking for there own use The City of Stillwater provides public on -street and lot parking for shared use In the past five years, the South Main, River and UBC Lots have been improved adding 150 spaces for to the South Main Street parking supply This situation is unlikely to change in the future k The Irdornation used In thus map Is based upon a downtown parking survey completed In August, 1998 Public poking lot information was updated in November 1996 Parcel basemap data was updated in Feb- ruary 1998 • Legend Parking Commission District NParking District Boundary Public Parking Lots Leased Public Parking Lots 80 Parking Spaces/Lot 500 599 400 - 499 Additional 300 399 Parking 0 200 299 Spaces 100 199 Needed �099 Parking Space Surplus ; Parking Survey Results Prin IIs111-v,t : otal Available 'ark n• 111M:FTi7R: 50 164 246 77 487 1015 -528 2 3 75 57 225 145 209 0 160 59 594 204 1111 703 517 -499 4 5 6 20 0 64 48 0 75 77 0 17 21 0 156 145 0 163 282 0 7 137 0 7 53 135 46 112 293 691 8 14 Total 270 355 1136 165 838 60 506 580 270 398 332 2459 4235 1776 C 5 LL C Ji W Map Area use+ Pm • MEMO To Planning Commission From Steve Russell, Community Development Director Subject Review of Tax Increment Financing Distnct #8 Date June 6, 2000 Vl- The modifications to the TIF distnct eliminates the single family lakeshore lots from the distnct and adds townhouse lots The single family lakeshore lots do not qualify for the housing distnct because they are market rate The reminder of the site qualifies because affordable housing is consistent with hfecycle housing goals of the City and is eligible for TIF assistance Recommendation Approval of amendment as consistent with the Comprehensive Plan Attachments Memo from City Attorney, 5-15-2000 • • f C/oz- lei/ z/OO MAGNUSON LAW FIRM • • • LICENSED IN MINNESOTA AND WISCONSIN THE DESCH OFFICE BUILDING 333 NORTH MAIN STREET SUITE #202 PO Box 438 STILLWATER MN 55082 TELEPHONE (651) 439 9464 TELECOPIER (651) 439 5641 DAVID T MAGNUSON RICHARD D ALLEN MEMORANDUM TO Steve Russell, Community Development Director FROM David T Magnuson DATE May 15, 2000 RE Amendments to Tax Increment Financing District No 8 Now that the plat of Long Lake Villas has been approved and filed, it is necessary to take certain action to tailor the district to the configuration of the Final Plat This involves deleting parcels that will not be qualified low and moderate income parcels and also adding certain parcels that were added to the plat after the district was formed This is a housekeeping amendment rather than a substantial amendment, but nevertheless, we need a resolution of the Planning Commission supporting the modification I enclose a copy of the requested resolution and would ask that you put this on the Agenda for the June Planning Commission meeting which hopefully will be before the 20th of June Call me if you have any questions about this /wv Enclosure • • • • RESOLUTION OF THE STILLWATER PLANNING COMMISSION FINDING THE CITY'S DESIGNATION MODIFYING DEVELOPMENT DISTRICT NO 2 AND THE MODIFIED TAX INCREMENT FINANCING PLAN FOR TAX INCREMENT FINANCING DISTRICT NO 8 ALL TO BE CONSISTENT WITH THE COMPREHENSIVE PLAN OF THE CITY WHEREAS, the City's proposed modification of the Development Program for Development Distnct No 2, and the Tax Increment Financing Plan for modified Tax Increment Financing District No 8, respectively, within Development District No 2 have been submitted to the Stillwater Planning Commission pursuant to Minnesota Statutes, Sections 469 124 through 469 134 and Section 469 175, Subd 3 (3), respectively, and, WHEREAS, the Planning Commission has reviewed the modified Development Program and modified Tax Increment Financing Plan (together with the "Plans") to determine whether the PLANS ARE CONSISTENT with the Comprehensive Plan of the City, NOW, THEREFORE, BE IT RESOLVED by the Stillwater Planning Commission that the Plans are consistent with the Stillwater Comprehensive Plan and conform to the general plan for Development and Redevelopment within the city Adopted ATTEST Chairman i • • • THE CITY OF STILLWATER MODIFIED DEVELOPMENT PROGRAM for DEVELOPMENT DISTRICT NO 2 and THE ALTERATION OF THE GEOGRAPHIC AREA OF TAX INCREMENT FINANCING DISTRICT NO 8 BY DELETING CERTAIN PARCELS FROM THE DISTRICT AND ADDING OTHER QUALIFIED PARCELS TO THE DISTRICT Public Hearing for consideration of adoption June 20, 2000 J • • • MODIFICATION The Development Program for Development Distnct No 2 and the Financing Plan for Tax Increment Distnct No 8 is hereby modified as follows 1 DELETING The following parcels are deleted from the Development District No 2 and Financing Distnct No 8 Le2a1 PID No 1 Outlot A Long Lake Villas 31 030 20 42 0010 2 Lot 1, Block 1, Long Lake Villas 31 030 20 41 0014 3 Lot 2, Block 1, Long Lake Villas 31 030 20 41 0015 4 Lot 3, Block 1, Long Lake Villas 31 030 20 41 0016 5 Lot 4, Block 1, Long Lake Villas 31 030 20 41 0017 6 Lot 5, Block 1, Long Lake Villas 31 030 20 41 0018 7 Lot 43, Block 1, Long Lake Villas 31 030 20 41 0052 8 Lot 44, Block 1, Long Lake Villas 31 030 20 41 0053 9 Lot 45, Block 1, Long Lake Villas 31 030 20 41 0054 10 Lot 46, Block 1, Long Lake Villas 31 030 20 41 0055 11 Lot 47, Block 1, Long Lake Villas 31 030 20 41 0056 12 Lot 48, Block 1, Long Lake Villas 31 030 20 41 0057 13 Lot 49, Block 1, Long Lake Villas 31 030 20 41 0058 14 Lot 50, Block 1, Long Lake Villas 31 030 20 41 0059 2 ADDING The following parcels are added to the geographic area of Development District No 2 and Tax Increment Financing District No 8 Le2a1 PID No 1 Lot 6, Block 1, Long Lake Villas 31 030 20 41 0019 2 Lot 7, Block 1, Long Lake Villas 31 030 20 41 0020 3 Lot 8, Block 1, Long Lake Villas 31 030 20 41 0021 4 Lot 9, Block 1, Long Lake Villas 31 030 20 41 0022 5 Lot 10, Block 1, Long Lake Villas 31 030 20 41 0023 6 Lot 11, Block 1, Long Lake Villas 31 030 20 41 0024 7 Lot 12, Block 1, Long Lake Villas 31 030 20 41 0025 8 Lot 13, Block 1, Long Lake Villas 31 030 20 41 0026 9 Lot 14, Block 1, Long Lake Villas 31 030 20 41 0027 10 Lot 15, Block 1, Long Lake Villas 31 030 20 41 0028 11 Lot 16, Block 1, Long Lake Villas 31 030 20 41 0029 12 Lot 17, Block 1, Long Lake Villas 31 030 20 41 0030 The parcels added to the geographic area of Tax Increment Financing Distnct No 8 pnor to the platting of Long Lake Villas and above described were parcels no 31 030 41 0005 and no 31 030 41 0012 • • • The ongmal net tax capacity value of the parcels above descnbed that are being added to the geographic area of Tax Increment Financing Distnct No 8, as most recently certified by the Commission of Revenue of the State of Minnesota being the certification made in 1999 with respect to tax capacity value of the property as of January 2, 1999 for taxes payable in 2000 is as follows Parcel Net Tax Capacity Parcel No 31 030 20 41 0005 $3,788 00 Parcel No 31 030 20 41 0012 $ 17 00 3 MAPS A map of the area deleted from the district is attached as Exhibit "A", and a map of the geographic area being added to the distnct by this action is attached as Exhibit "B" 4 FISCAL IMPLICATION Since the parcels added to the district and the plan by this action were considered part of the district when onginally established, the fiscal analysis contained in the assumption report and the estimated impact on other taxing jurisdiction report are both unchanged, no additional analysis is needed with this action 5 SAVING In all other ways, the Development Program for Development Distnct No 2 and the Tax Increment Financing Plan for Tax Increment Distnct No 8 are ratified and will remain in full force and effect except as modified by this action LONG LAKE VILLAS N 11 70 J1 V 7!7 II o,... 'E...v A0 T e OI EXCEPT ION 7!f 77e e7 L.,. �� I na.. I I i s 17 se 7e f ee � LONG MAKE Of an: .kt` ;ire' s � / 0/1 PET." ,11.411.1091a n. R Inc IA PACO Y .E..1 MOO �! OLYQ M...o 0 4 ET WOE. 1 L--, HMO WF.o T� �OEE 11A. 110.,Y PON 0. n. M N 11 77 40 V DOOR WKO O —R i� 104.00. mR NAM O N 0i31 0r E 0�I r .may 17e7 WO/ r 10.4wm4."$. 410.0044.0 — —DOM .M. r WIVE 0. w » .m Eon POO oy p 1W s40000 waiwai Tina 01 eRAM .s_tE sa.M.a'e mAalc SCALE IA FEET 1� sr fit z % s VVS!'/91 q 1xC -N 11 71 11 E N e7e/ eew \' �~ \ \b, Td nw �a i„ n M.; Ex_ A ram , /�I�2 k ,v w T { " D ELL7"E1� • • • L-176 MIT ti \ ~ •• » N Y 1771 1• \ t .0 \ N `. \p`� \ N N l > Ty�♦ t r y-r \ / - -_ �. M y M M 1• DZ7AIL B 1 rem WA/ KM ITET 10 It / 3.. I ` 1 POND / \ ° I t A / / aa. s ..\ 8Rs*'RR a� K(L t rJ,r sort Vz7 f* s IfCc £X-B S &ARE II if •• v �` s 7t 33l / \ 73 sI / \ \ •7 O / \ - / s 07 070E • to 4 / 10 JJr / f / LONG LAKE pF..O VILLASp�{ dI Lon-16 w M1jl31'.[1 m78a .o... 31770.E Gt &nwt v u .autt w 1.06 t[D00 the a < I<t Mt K49.00 nCR 400 .Cr W .m Z b M 941 91 40 M P DKt < 0.0 IN OS WOK 64_96 19 GRAR-IC SCALE N FEET s t / d / / 4 / r/0. r• 1... — �' .1 R n n—'+� i.•u yut Wl to FEET •/ �T— VICINITY YAP • r- -L _—- .n ,f x on t 10 77/E. "12CELS 8 E/ N6 A DDrL TD rele DfS1-r icr / E QO1-L/NE-b /N BOL.D. NI.1<« t[ryMfM W u ficao K t « M! Opt'•00i F 4[atn L_o_ <i tt mn *OA Rt y "aeM4o OOw a 'AK R VET AIL A WU PO. •� • MEMO To Planning Commission From Steve Russell, Community Development Director Subject Final Design Approval of Long Lake Villa Rental Housing Date June 8, 2000 The plans will be presented and reviewed at meeting time • •