HomeMy WebLinkAbout2003-06-09 CPC Packetiliwater
THE BIRTHPLACE OF MINNESOTA
CITY OF STILLWATER
PLANNING COMMISSION
NOTICE OF MEETING
The City of Stillwater Planning Commission will meet on Monday, June 9, 2003, at 7 p m in
the Council Chambers of Stillwater City Hall, 216 North Fourth Street
Approval of Minutes of May 12, 2003
AGENDA
1 Case No V/03-49 A variance to the sign regulations (one allowed, two requested)
located at 1200 West Frontage Road in the BP-C, Business Park Commercial District
Koppy Motors, applicant
2 Case No V/03-50 A variance to the front yard fence height regulations (42" allowed,
60" proposed) at 828 West Willard Street in the RB, Two Family Residential District Joe
Thompson, applicant
3 Case No V/03-51 A variance to the side yard setback (10 feet required, 5 feet
requested) for the construction of an addition above an existing attached garage at 504
West St Croix Avenue in the RB, Two Family Residential District David P Ponath,
applicant
4 Case No V/03-53 A variance to the street side yard setback (30 feet required, 11' 10"
requested) for the construction of a two car attached garage located at 1101 South
Fourth Street in the RB, Two Family Residential District Michael and Jennifer Peltier,
applicants
5 Case No SUP/03-54 A special use permit for outdoor sales for 10-days located at 1801
Market Drive (CUB Parking Lot) in the BP-C, Business Park Commercial District Eric
Robbins, applicant
6 Case No V/03-55 A variance to the rear yard setback (25 feet required, 10 feet
requested) for the construction of a three season porch and deck located at 1311 North
Third Street in the RB, Two Family Residential District Tom and Linda Furst, applicants
7 Case No SUB-F/03-56 Preliminary and final plat approval request for a 7 lot subdivision
including two outlots as follows Lot 1 Blk 1 - 37,055 square feet, Lot 1 Blk 2 - 36,052
square feet, Lot 2 Blk 2 - 62,779 square feet, Lot 3 Blk 2 - 37,405 square feet, Lot 1 Blk
3 - 48,474 square feet, Outlot A - 107,559 square feet and Outlot B - 116,809 square
feet located at 608 North Main in the CBD, Central Business District Terra Springs, LLC,
applicant
CITY HALL 216 NORTH FOURTH STILLWATER, MINNESOTA 55082 PHONE 651-430-8800
8 Case No ZAM/03-03 A zoning map amendment to rezone 10 lots located along 62nd
Street North from AP, Agricultural Preservation to LR, Lakeshore Residential Kevin and
Roxanne Shoeberg, applicants
9 Case No SUB/03-61 A subdivision of a 3 03 acres lot into four lots of Lot 1- 40,946
square feet, Lot 2 - 26,000 square feet, Lot 3 - 26,000 square feet, Lot 4 - 26,000 square
feet located at 12730 62nd Street North in the LR, Lakeshore Residential District Kevin
and Roxanne Shoeberg, applicants
10 Case No V/03-57 A variance to the side yard setback (30 feet required, 20 feet
requested) for the construction of a garage located at 603 West Churchill Street in the
RB, Two Family Residential District Scott and Lisa DeMars, applicants
11 Case No V/03-58 A variance to the front yard setback (30 feet required, 16 feet
requested) for the construction of a entry overhang located at 607 West Myrtle Street in
the RB, Two Family Residential District Michelle St Claire, applicant
12 Case No V/03-59 A variance to the front yard setback (20 feet required, 11 feet
requested) and to the side yard setback (6 feet required, 5' 6" requested) for the
construction of a front porch located at 522 West Oak Street in the RB, Two Family
Residential District Mark Balay, applicant
13 Case No V/03-60 A variance to the front yard setback (15 feet required, 11 feet
requested) for the construction of a porch addition to existing building at 106 E Chestnut
in the CBD, Central Business District Mark Balay, applicant
14 Case No SUP/03-62 A special permit to conduct over the counter outside sale of pizza
north of 241 North Main (Marx Wine Bar and Grill) in the CBD, Central Business District
Mark Hanson, applicant
Other Items
CITY OF STILLWATER
PLANNING COMMISSION
MAY 12, 2003
Chairperson Hultman called the meeting to order at 7 00 p m
Present Commissioners Gag, Hultman, Middleton, Peroceschi, Ranum, Turnquist,
Teske and Council Representative Junker
Others Community Development Director Russell
APPROVAL OF MINUTES
Motion made by Commissioner Gag, seconded by Council Representative Junker to
approve the March 17, 2003 and April 14, 2003 commission minutes Motion carried
unanimously
Case No SUP/03-26 A special use permit for a mini storage facility located in the
Business Park Industrial District, BP -I on the southeast corner of Curve Crest
Blvd and Industrial Blvd Steve Gaffney, applicant (Continued from the March 17,
2003 meeting)
Mr Gaffney requested a special use permit for a mini -storage complex located
on the southeast corner of Industrial Boulevard and Curve Crest Boulevard The
site is 1 13 acres Impervious surface will cover approximately 25,126 square
feet or 51 % of the property
The use is for a self -storage facility that will have six buildings with individual
units ranging from 40 to 300 square feet The buildings will have a "prairie" style
design on the perimeter buildings using stucco and cedar The site will be
fenced using a combination of the proposed structure's and ornamental iron
fencing There will be a security gate with a user specific entry code combined
with a video security system
The landscape plan shows a combination maple, crab apple and junipers It is
staffs suggestion that willow trees are planted along the most eastern building,
by the retaining pond The willows will soften the space between the pond and
the buildings Lighting in the site will consist of shoebox pole lighting and downlit
wall paks There is no trash receptacle since this business doesn't generate
trash The signage will consist of a wall sign on the corner on the northeast
corner of Curve Crest Blvd and Industrial It will be bronze colored individual
lettering saying "Prairie Winds of Stillwater" It will not be lit
Motion made by Commissioner Turnquist, seconded by Commissioner Ranum to
approve the special use permit for a mini storage facility located in the Business Park
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CITY OF STILLWATER
PLANNING COMMISSION
MAY 12, 2003
Industrial District, BP-1 on the southeast corner of Curve Crest Boulevard and Industrial
Boulevard with the following conditions
1 All revisions to the approved plan shall be reviewed and approved by the
Community Development Director
2 No snow, in winter, shall be deposited in the pond
3 Provide Engineering with water quality ponds
4 All security lighting shall be downlit
5 All utilities shall be completely screened from public view
6 No roof equipment shall be visible to the general public
7 All gutters, downspouts, flashings, etc shall be painted to match the color of the
adjacent surface
8 A lighting plan showing the fixture type, height, location and exterior lighting
intensity shall be submitted with building permit plans for Planning Director
approval All lighting shall be directed away from the street and adjacent
properties Light sources shall be shielded from direct view and protected form
damage by vehicles
9 All security lighting shall be downlit
10 Continuous concrete curbing shall be installed to separate parking areas from
landscape areas
11 Handicapped parking spaces and signage, in compliance with State
requirements, shall be shown on building permit plans and installed before final
inspection of the project
12 The street address of the building shall be displayed in a location conspicuous
from the public street
13 All trees required to remain on site, as indicated on the plans, shall be protected
by fencing or other necessary measures shall be taken to prevent damage during
construction activity
14 All landscaping shall be installed before utility release or final project inspection
No project shall be phased unless approval is granted by the Planning
Commission
15 Willow trees shall be planted along the building at the end of the site closest to
the retaining pond
16 Construction projects shall conform to the City's Noise ordinance Construction
during the dry season shall mitigate excess dust problems
17 A sign permit shall be required for all project signs
18 Grading and drainage plan to be approved by City Engineer before building
permits are issued
19 Sign package to be approved by the Heritage Preservation Commission,
including directional signs
20 All exterior modifications to the approved plan are to be reviewed by Heritage
Preservation Commission
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CITY OF STILLWATER
PLANNING COMMISSION
MAY 12, 2003
Motion passed unanimously
Case No ZAM/03-02 A Zoning Map Amendment to rezone a 50' x 230' foot lot
from RA, Single Family Residential District to RB, Two Family Residential District
located at 1508 West Olive Street Jeff and Gina Melstrom and Tim and Jodi
Larson, applicants
Mr Melstrom and Mr Larson requested rezoning two lots from, RA, Single
Family to RB, Duplex Residential The required square footage for RA is 10,000
The required square footage for RB is 7,500 The rezoning would allow the
applicants to split their lots to create a total of three lots The applicants stated
that a duplex would not be built on the third lot only a Single Family home
The existing use and zoning for the entire area surrounding the proposed
rezoning site is Single Family Residential This request represents spot zoning
that is not consistent with the Comprehensive Plan or good zoning practice
Motion made by Commissioner Ranum, seconded by Commissioner Teske to deny the
Zoning Map Amendment to rezone a 50' x 230' foot lot from RA, Single Family
Residential District to RB, Two Family Residential District located at 1508 West Olive
Street Motion fails 4 fore, 4 against
Case No SUB/03-36 A subdivision of a 50' x 230' parcel to create a new parcel of
7,500 square feet located at 1502 and 1508 West Olive Street in the RA, Single
Family Residential District Jeff and Gina Melstrom, applicants
Since the motion for Case No ZAM/03-02 failed This item was not discussed
Motion made by Commissioner Turnquist, seconded by Commissioner Gag to deny
subdivision of a 50' x 230' parcel to create a new parcel of 7,500 square feet located at
1502 and 1508 West Olive Street Motion passed 5 fore, 3 against
Case No V/03-38 A variance to the front yard setbacks (corner lot) (30 feet
required, 9' 7" and 19' 4" requested) for the construction of a roof deck located at
1010 4th Street North in the RB, Two Family Residential Distract Billy J Elliot,
applicant
Mr Elliot requested a variance to the front yard setbacks for the construction of a roof
deck The lot and the house are non -conforming The lot is 3,208 square feet, 7,500
square feet is the minimum allowed for the Two Family zoning district The house has
been built within the required setbacks and is very close to the corner Adding a roof
deck would increase the house mass, therefore creating a greater imposition on the
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CITY OF STILLWATER
PLANNING COMMISSION
MAY 12, 2003
street The house, shed, and concrete surfaces are greater than the approved
maximum 30 % impervious surface coverage of a lot adding more to the non -conformity
of the lot
The highest point on the home would be 24 feet tall There would be no lights on
the deck
Commissioner Teske was not comfortable with the variance because is would
increase the mass of the house
Motion made by Commissioner Teske, seconded by Commissioner Turnquist to deny
the variance to the front yard setbacks (corner lot) (30 feet required, 9' 7" and 19' 4"
requested) for the construction of a roof deck located at 1010 4th Street North Motion
passed 5 fore, 3 against
Case No V/03-39 A variance to the front yard setbacks (30 feet required, 29' 6"
requested) for the construction of an entry overhang located at 317 North
Sherburne Street in the RB, Two Family Residential District Jay and Teresa
Libby, applicants
Mr and Mrs Libby requested a variance to the front yard setback for the
construction of an entry overhang There is an issue with the existing steps They
need to be widened, as they exist they are too narrow to enter the house easily
when the front door is opened, you have to step back down the steps to get
around the open door The steps are also icy in the winter with melting roof snow
re -freezing on the steps Mr and Mrs Libby feel that it would be much safer if a
roof overhang covered them
A majority of the houses on the street are closer to Sherburne Street than the
applicant's house would be If the applicants construct the overhang entry, they
would be seven feet closer to Sherburne Street, making the new setback 29'6"
Motion made by Commissioner Turnquist, seconded by Commissioner Teske to
approve the variance to the front yard setbacks (30 feet required, 29' 6" requested) for
the construction of an entry overhang located at 317 North Sherburne Street with the
following conditions
1 All revisions to the approved plan shall be reviewed and approved by the
Community Development Director
2 The addition shall be similar in architecture, colors and materials as the existing
main structure
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CITY OF STILLWATER
PLANNING COMMISSION
MAY 12, 2003
Motion passed unanimously
Case No V/03-40 A variance to the side yard setback, 10 feet required, 2 feet
proposed and a variance to the front yard setback (30 feet required, 17 feet
proposed) for the construction of a new basement access located at 309 East
Willow Street in the RA, Single Family Residential District Daniel Kalmon,
applicant
Mr Kalmon requested a variance to the side yard setback and a variance to the
front yard setback for the construction of a new basement access
On September 9, 2002, Mr Kalmon received a variance from the Planning
Commission to the front yard setback (30 feet required, 18 feet requested) to
construct a new foundation The house is built below the street elevation and is
having drainage problems The new foundation will place the house at or about
street level, thus eliminating drainage problems
On February 10, 2003, Mr Kalmon received a variance to the side yard setback
to construct a enclosed stairway to the new basement Access to the basement
is presently through an outside door on the back, south side of the house
Currently the house sits 4 feet from the property line on the west side Mr
Kalmon stated in his letter that the west side of the house is the only option as
the east side has a driveway and a retaining wall The street limits the north side
and the south side of the house has the septic tank directly behind the house
Motion made by Commissioner Ranum, seconded by Council Representative Junker to
approve the variance to the side yard setback, 10 feet required, 2 feet proposed and a
variance to the front yard setback (30 feet required, 17 feet proposed) for the
construction of a new basement access located at 309 East Willow Street with the
following conditions
1 All revisions to the approved project shall be reviewed by the Community
Development Director
2 The enclosed stairway structure shall be similar in style, materials and colors as
the main structure
Motion passed unanimously
Case No V/03-41 A variance to the rear yard setback (5 feet required, 3' 1"
requested) for construction of a two car garage with storage above located at
1323 2nd Street South in the RB, Two Family Residential District David and
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CITY OF STILLWATER
PLANNING COMMISSION
MAY 12, 2003
Jeanne Kensler, applicants
Mr and Mrs Kensler requested a variance to the rear yard setback for the
construction of a two car garage with storage above The existing one car garage
is in disrepair and needs to be demolished A variance is needed because of the
location of the house The house is situated too close for anyone to back out of
the garage safely Beside the house there is a tree, a fence and a wall that could
also obstruct access to the north parking stall
John Leonard, was concerned about the changes of character to the back yard
Mr Leonard is fine with the width of the garage, but he is concerned about the
height of the garage He was also concerned about the increase drainage on his
property
Motion made by Commissioner Middleton, seconded by Commissioner Ranum to
approve the variance to the rear yard setback (5 feet required, 3' 1" requested) for
construction of a two car garage with storage above located at 1323 2nd Street South
with the following conditions
1 The garage shall be similar in architectural style, materials and color as the
existing house
2 All revisions to the approved project shall be reviewed by the Community
Development Director
3 Gutters on the garage shall keep drainage on owner's property
Motion fails 4 fore, 4 against
Case No SUP/03-42 A special use permit request for retail sale of fresh cut
flowers and associated merchandise located at 222 South Third Street in RCM,
Medium Family Density District Bob Estelle, applicant
Mr Estelle requested a Special Use Permit for retail sale of fresh cut flowers and
associated merchandise Mr Estelle is an importer/broker of fresh cut flowers It
is his intent to sell flowers handles by his firm as "quality check" at this location
The business will be small, not a "full service" retail flonst Since inventory will be
limited, hours of operation will be limited The hours of operation might be
Tuesday through Saturday from 12 00 p m to dinnertime This will be a cash and
carry operation There will be no deliveries
Signage will be included in the existing signage on the budding Mr Estelle
requested a "sandwich board" sign to be used occasionally The sign ordinance
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CITY OF STILLWATER
PLANNING COMMISSION
MAY 12, 2003
does not permit these temporary signs Mr Estelle thought that the "sandwich
board" sign would help regulate traffic
Three 7ft by 9 ft flowerbeds will be planted with seasonal plans These beds will
be located at the entrance of the building
Motion made by Commissioner Middleton, seconded by Commissioner Turnquist to
approve the special use permit request for retail sale of fresh cut flowers and associated
merchandise located at 222 South Third Street with the following conditions
1 All revisions to the approved plan shall be reviewed and approved by the
Community Development Director
2 No additional signage
3 No "sandwich board" signage
Motion passed 7 fore, 1 against
Case No SUP/03-43 A special use permit (use determination) for an off ice
hockey facility located at 2000 Industrial Blvd in the BP -I Business Park Industrial
District Jennifer Cates representing Cates Construction, applicant
Ms Cates requested a use determination for use of a portion +25% of an existing
industrial building for a recreation facility The recreational facility would be a
"hockey gym" It would be an off ice training facility for young adults and youth
The training center is designed to give youth the equipment and time to improve
their hockey skills The hours of operation would probably be longer during the
summer The top portion of the building would be used as office space
The application shows a parking lot with 41 parking spaces The total building
size is approximately 9,000 square feet The required number of parking spaces
is 45 The parking lot is in poor condition and parking spaces are not marked
With marking, additional spaces could be provided
Russ, DSR, inquired about the traffic flow Ms Cates informed him that she does
not believe that there will be an increase in traffic Parents will drop their children
off and come back a couple hours later to pick up the kids
Motion made by Commissioner Ranum, seconded by Commissioner Teske to approve
the special use permit (use determination) for an off ice hockey facility located at 2000
Industrial Boulevard with the following conditions
CITY OF STILLWATER
PLANNING COMMISSION
MAY 12, 2003
1 The parking lot shall be resurface and parking spaces marked by August 1, 2003
Motion passed unanimously
Case No V/03-44 A variance to the sign regulations for the placement of two
signs, a wall and a pylon sign at 14430 North 60th Street in the BP-C, Business
Park Commercial District Lisa Meyer representing Edina Realty, Inc , applicant
The applicant requested a variance for a second sign for Edina Realty The
Heritage Preservation Commission reviewed and approved the building plans
and a wall sign at the January 6, 2003 meeting The second sign proposed is a
25 foot high internally lit pylon sign The face of the sign would be 8 feet by 12
feet The size is permitted within the sign ordinance for this zoning district It
would have a red background with white copy, similar to their logo The sign
cabinet would be painted black
The applicant stated that the building sits back from Highway 36 and a pylon sign
would make them more visible to the traffic on 36 Shall also commented on the
many business that have a wall sign and a pylon sign along the corridor She did
not feel it would be fair to deny Edina Realty a pylon sign when there are several
in that area already
Motion made by Commissioner Teske, seconded by Commissioner Ranum to deny the
variance to the sign regulations for the placement of two signs, a wall and a pylon sign
at 14430 North 60th Street Motion passed 5 fore, 3 against
Case No V/03-45 A variance to the side and rear yard setbacks (5 feet required, 0
feet requested) for the construction of a detached garage located at 111 West
Cherry Street in the RB, Two Family Residential District Mike and Venee Russ,
applicants
Mr and Mrs Russ requested no setback for the construction of a two stall
garage Mr and Mrs Russ would like to build a two stall garage on the rear and
side property lines The residence currently has a one stall tuck under garage
With no setback drainage, fire protection and air and light to adjoining properties
becomes and issue
Commissioner Middleton informed the applicants that they would not have
access to the back and side of the garage because it is not their property He is
against zero lot lines and recommends denial
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CITY OF STILLWATER
PLANNING COMMISSION
MAY 12, 2003
Dwayne Secrest, 408 North 3`d Street was against the construction of the garage
because it would obstruct his view, the impervious surface would be increased
and there would be additional run off
Owner, 408 North 3rd Street, felt that it is not in the best interest of their property
to have the garage built She would like an environmental study done on the
water runoff
Motion made by Commissioner Middleton, seconded by Commissioner Gag to deny the
variance to the side and rear yard setbacks (5 feet required, 0 feet requested) for the
construction of a detached garage located at 111 West Cherry Street Motion passed
unanimously
Case No V/03-46 A variance for a second story above a two stall garage for an
art studio located at 921 1st Street South in the RB, Two Family Residential
District Ronald and Jennifer LaMone, applicants
Applicant was not present at the meeting
The issue with the construction with a second story on the garage is that
sometime in the future someone could install water and sewer It is against the
zoning ordinance to have a habitable space at 5 feet from the property line
A member of the audience requested to speak about the issue
Elizabeth Ludkey, 215 East Churchill Street is against the construction of the
second story on the garage She stated that a survey has not been done on the
property The construction would affect the value of her home and she doesn't
think the second story would be used as an art studio
Motion made by Commissioner Turnquist, seconded by Commissioner Middleton to
deny the variance for a second story above a two stall garage for an art studio located
at 921 1st Street South Motion passed unanimously
Case No V/03-47 A variance to the front yard fence height regulations (42"
allowed, 45" to 6' proposed) at 1109 4th Street So in the RB, Two Family
Residential District Judy Ferrell, representing Jeanne Anderson applicant
Ms Ferrell requested a variance to the fence height regulations The property
has an existing 45" white picket fence The rest of the fence is tapered on either
side and eventually realigns with the existing 45' fence The main reason for the
variance is for aesthetic purposes
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CITY OF STILLWATER
PLANNING COMMISSION
MAY 12, 2003
Motion made by Commissioner Peroceschi, seconded by Commissioner Turnquist to
approve the variance to the front yard fence height regulations (42" allowed, 45" to 6'
proposed) at 1109 4th Street South with the following conditions
1 All revisions to the approved project shall be reviewed by the Community
Development Director
Motion passed unanimously
Case No PUD/03-48 Final Planned Unit Development, Long Lake Estates Phase
II, for 14 townhomes (three buildings) located on Parkwood Lane in TH,
Townhouse Residential District St Croix Development, applicant
Mark Gossman gave a brief overview of the final PUD He shared color samples
with the Commission
A member of the audience stated that he was pleased with the design and he
would like some reassurance about street improvements by the developer
Another member of the audience did not know that the project was sold She
would like to meet with the new developer
Greg Wind, 6322 Stillwater, brought up his issue with his driveway It had not
been resolved by the former developer Mr Gossman showed Mr Wind a map
that showed that the pond had been moved and his driveway is no longer in
jeopardy Mr Wind was satisfied with the solution
Motion made by Commissioner Gag, seconded by Commissioner Teske to approve the
Final Planned Unit Development, Long Lake Estates Phase II, for 14 townhomes (three
buildings) located on Parkwood Lane with the following conditions
OTHER ITEMS
Review and approval of Tax Increment District #10
The city is currently amending its Tax Increment District to help with the
redevelopment of the downtown area
10
CITY OF STILLWATER
PLANNING COMMISSION
MAY 12, 2003
Motion made by Commissioner Turnquist, seconded by Commissioner Gag to approval
the TIF District as consistent with the City Comprehensive Plan and the Downtown
Plan Motion passed unanimously
Discussion of results of Joint Oak Park Heights/Stillwater Planning Commission
Hwy 36 Alternatives
The Commission recommended that lower elevation, lower speed limit and plan
F be brought to City Council
Review of revised elevation for Settler's Glen 2nd Addition
The Settler's Glen developer proposed to modify the approved house design to
accommodate more three stall garages The City is concerned with the
appearance of the three stall garages The garages should be recessed or turned
and only two stalls viewed from the street
Motion made by Commissioner Middleton, seconded by Commissioner Turnquist to
approve the revised elevation for Settler's Glen 2nd Addition Motion passed 5 fore,
against
ADJOURNMENT
Motion made by Commissioner Middleton, seconded by Commissioner Teske to
adjourn the meeting at 9 30 p m Motion passed unanimously
Respectfully Submitted,
Bobbi Mortvedt
Recording Secretary
11
PLANNING APPLICATION REVIEW FORM
CAST NO V/03-49
Planning Commission Date June 9, 2003
Project Location 1200 West Frontage Road
Comprehensive Plan District Business Park Commercial
Zoning District BP-C
Applicants Name William Minder, representing Koppy Motors
Type of Application Variance
Project Description A Variance to the sign regulations (one sign allowed, two requested)
Discussion
The applicant is requesting a Variance to install an additional sign on the front of the building
The sign ordinance states that all commercial office and industnal signs in all BP distncts are
subject to the following conditions one wall, freestanding, awning or canopy is permitted The
business currently has a 4 foot by 8 foot freestanding pylon sign
The proposed wall sign would read "Koppy Motors" in 18" high yellow letters, a total of 32
square feet The sign would be mounted across the front of the building above the entry and
would not be lit
The Planning Commission imposed eight conditions of approval on this use when it became an
auto lot (5/10/99), these conditions stay with the use until they are amended or a Vanance is
given The conditions are
1 The design conditions in the West Business Park Design Guidelines must be met
2 No elevated cars
3 All lot lighting shall be directed downward
4 No flag banners
5 No exterior amplification
6 No parking cars on the Frontage Road
7 No more than fifteen cars for sale in front of the building
8 No sign on the building
Recommendation
Denial
Conditions of Approval
Should the Commission approve the request, staff recommends the following conditions of
approval
1 All revisions to the approved plan shall be reviewed and approved by the Heritage
Preservation Commission
2 All lighting shall be directed downward Application to work with staff on this issue
3 Either plyon or wall sign - which ever is approved by the Planning Commission - Heritage
Preservation Commission approved design of each sign
4 No elevated cars
5 All lot lighting shall be directed downward
6 No flag banners
7 No extenor amplification
8 No parking cars on the Frontage Road
9 No more than fifteen cars for sale in front of the building
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 neighbonng violations are
not hardships justifying a variance
2 That a vanance 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 vanance, 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 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/Site Plan/Elevation Drawings
HPC Action — Approved the design of both signs presented +5-0
06/03/2003 18 32 6514309404 KOPPYMOTORSSTLWR PAGE 02
KOPPY MOTORS
OF
STILLWATER
June 3, 2003
RE Signage
Dear Sir/Madam
Koppy Motors of Stillwater is requesting a variance to the sign regulation (one allowed)
located at 1200 West Frontage Road m the BP-C, Business Park Commercial District
The reasons are as follows
1) Our Competition has a sign more than twice the size of ours and it is also much taller,
yet they have roughly the same size lot
2) Our Competitions building sits closer to the street for bctter visual exposute V S our
building which has less of a visual presence due to the fact that it sits much flirther off the
road Often times the customers will ask if we are part of our Competitors lot
3) We also are very close too and sit a bit back from the strip mall and get lost in all
their signage
We feel that if we could have our name on the front of our building as well as on the sign
out front, that this would give us better identity for our facility and help us to even the
Competition.
Thank you for your consideration on this matter
•
William G Mind
Koppy Motors of Stillwater
PLANNING ADMINISTRATION APPLICATION mu..
ADMINISTRATION FORM
COMMUNITY DEVELOPMENT DEPARTMENT
CITY OF STILLWATER
216 NORTH FOURTH STREET
STILLWATER, MN 55082
ACTION REQUESTED
Case
Case No
Date Filed
Fee Paid
Receipt No
(20
FEES
Special/Conditional Use Permit $50/
Vanance $7
Resubdivision $100
Subdivision* $100+5C
_Comprehensive Plan Amendment* $500
Zoning Amendment* $300
Planning Unit Development * $500
Certificate of Compliance $ 70
*An escrow fee is also required to offset the costs of attorney and engineering
The applicant Is responsible for the completeness and accuracyg ring fees
submitted in connection with any application All supporting of all forms and supporting
submitted with connection
h becomesnyathe propertyePPorhes mat)
material (� e, photos, sketches, etc) supporting material is required If application Isubmitted to eity of t/C City Council,llwater e w lve) 12 co lof
e supporting material is requiredtwelve (12) copies o1
A site plan is required with applications Any incomplete appl,cat,on or supporting
appl�cation process pport�ng material will deli
PROPERTY IDENTIFICATION
Address of Project / • 06 �
I't �1+`-assessor's Parcel No 2 �&:
Zoning Distract P - C, `� ��%'�'�
Description of Project V At? y,,,r` , s e _ (GEO Code)
s �I •
i
"I hereby state the foregoing statements and all data, information and evil
respects, to the best of my knowledge and belief, to be true and correct I further submitted herewith ii
the permit if it is granted and used " certify I will comply
Property Owner
�'S��Cyoe %' 1�0/�.1
Mailing Address 6113
City - State - Zip
Telephone No 6Cf 7 1 7- OS _
Signature
(Signature Is required)
Lot Size (dimensions) x
Land Area
Height of Buildings Stories
Pnncipal
Accessory
Feet
H lmcnamaralshela1PLANAPP FRM Apnl 12 2002
Representative 'OPP(1 ` O-60Lc
Mailing Address /aQO (1 4 - 4b IAF_
City - State - Zip l 1/iU K__ %% G50
Telephon - ► _ tr _ 9 QO
Signatur
required)
SITE AND PROJECT DESCRIPTION
Total Building floor area square feet
Existing square feet
Proposed square feet
Paved Impervious Area square feet
No of off-street parking spaces
I.
Page 1 of 1
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PLANNING APPLICATION REVIEW FORM
CASE NO V/03-50
Planning Commission Date June 9, 2003
Project Location 828 Willard Street West
Comprehensive Plan District Two Family Residential
Zoning District RB
Applicants Name Joe Thompson
Type of Application Variance
Project Description A Variance to the front yard fence height regulations (42" allowed, 60
requested)
Discussion
The applicant is requesting a Variance to the front yard setback to construct a 60 inch high fence
The attached plan shows that the southwest corner of his garage is four feet back from the front
of the house The applicant said it the attached letter that he could construct a fence that is
greater than 42" in height as long as it extended four feet from the southwest corner of the garage
into the front yard and it would not go past the front of the house This scenario has a setback,
right where the fence would be installed is a large stand of trees Another reason the applicant
wishes to install a 60" high fence instead of a 42" high fence is that he has a large dog that could
jump over a fence of 42" A fence of the proposed magnitude would be imposing and impair the
visual openness of the streetscape and neighborhood
Recommendation
Denial
Conditions of Approval
Should the Commission approve the request, staff suggests the following conditions of approval
1 All revisions to the project shall be reviewed and approved by the Community Development
Director
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 nghts
possessed by other properties in the same distnct 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 authonzing 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/Site/Letter from the Applicant/Site Plan
04„0s103 13 48 4308810
APR 30 2003 16 48 FR LINDGOJIST-UENNUM 143 P TO 2851#123123U0400 P 04/05
(,l I Y IJr ti..t—rer,
Casa No
PLANNING ADMINISTRATION APPLICATION FORM Date
Fto File
e Paid
Recelpt No.
COMMUNITY DEVELOPMENT DEPARTMENT
CITY OF STILLWATER
21, NORTH FOURTH STREET
811Li WATER, MN 05052
ACTION REQUESTED
,�pedal/Conditional Use Permit
science
RQ5Ubdivlsion
, .SubdMilon'
Comprehensive Plan Amendment
_Zoning Amendment'
—__Planning Unit De$5
velopment • 0
Certllkate of Compliance $ 70
FEES
$501200
$70,200
$100
5100+60/1ot
'An escrow fee Is also required to offset the costs of attorney and engineering fees.
The applicant is responsible for the completeness and accuracy of all forms end 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 Stll!water. Sixteen (10) copies of
supporting material /s required if application Is submitted to the City Council, twelve (12) copies of
supporting material Is required
A site plan is required with applications Any Incomplete application or supporting material will delay tl
application process.
PROPERTY IDENTIFICATION
Address of Project SASS '1(War d 574 cod Asssssot's Parcel No4903A143 0/o
1-9
Zoning Dlstrlct 14 3 Description of Projec(��, t C $7/rvc `'' (e►-� Code)GEO —
`I hereby state the foregoing statements and all data, Information and evidence submitted herewith In al
respects, to the best of my knowledge and belief, to be true and correct. I further certify/ will comply wh
the permit If it is granted and used
Property Owner �ce / yd,4rp S�►"�
Malang Address .5ae._.b /6vc1.ST`c.4.)
City - state - zip Sh/4A4 .echo 1s$ a___
Telephone No, 4 $l 351, O'rr7 S—
Signature
Lord (dimensions) `x
Height of
ci Buildings Stories
Accessory
Representative
Mailing Address_
City - State -
Telephone No
Signature,
red) (Signature Is required)
SITE AND PROJECT DESCRIPTION (See 44-0.44,
Total Building floor area , equaro feet
EidatIng - w square feet
Paved Proposed
square feet
Impervious Area — square feet
No of off-street parldno specs
Feet
PtialielffnaligatidePlANAPP.IMM Ape 12, 20Q2
•
APR 30 2003 16 48 FR LINDQUIST-VENNUM #3 P TO 2851#12312340400 P 02/05
JOE R. THOMPSON
828 W. VWILLARD STREET
STILLWATER, MN 55082
651-351-0475
ilill!Mm
April 30, 2003
City of Stillwater
Attention Sue
215 North 4th Street
Stillwater, MN 55082
Re Variance Request
BY FACSIMILE
Dear Sue
Attached please find a Planning Administration Application Form for a variance to the
front yard setback requirement for a fence Based on our conversations, it is my understanding
that a fence may not exceed 42" in height if it extends into the front yard from the front of the
home The attached site plan details that the southwest corner of our garage is four feet back
from the front of the home Therefore, we could construct a fence that is greater than 42" in
height so long as it only extended four feet from the southwest corner of the garage into the front
yard thereby being flush with the front of the home Unfortunately, there are trees directly in the
path of Line F (see attached site plan for all references to Lines) if Line E is four feet
We therefore request, for the reasons descnbed below, that the City of Stillwater grant us
a vanance allowing (1) the portion of the fence represented by Line E to extend at least ten,
preferably sixteen, feet south from the southwest corner of the garage and be constructed at a
height of 60", (2) the portion of the fence represented by Line F be constructed at a height of
60", and (3) the portion of the fence represented by Line A that extends past the front of the
home be constructed at a height of 60"
are
The primary reasons supporting the City of Stillwater's decision to grant this vanance
• The City wt11 be initiating and completing street repairs on Willard Street this summer
and sidewalks will be added to our side of the street We have a large dog that can easily
clear a 42" high fence and I am concerned that the added foot traffic caused by the
sidewalk will entice him to do so
• The west side of our lot has several trees and a cement slab If I could make it work
under the current pelmet restrictions I would However, I would need to remove trees,
and quite possibly a portion of their roots, if I were to construct the fence so that Line E
was four feet or less Alternatively, we have a cement slab that extends the width of the
garage which prohibits us from building a fence of any height behind the southwest
Doc# 1760144\1
APR 30 2003 16 48 FR LINDQUIST-VENNUM 43 P
TO 28514123123140400 P 03/05
April 30.2003
Page 2
corner of the garage Because of the tree placement the portion of the fence represented
by Line E must extend at least ten feet
• The fence, as proposed, will not adversely affect, but rather benefit the surrounding
neighborhood The current fence is a white picket fence to very poor shape that currently
extends approximately 25' south from the southwest corner of the garage Even though
the variance, if granted, will allow us to construct a fence that is 18" higher, the fence
will be a western, red cedar picket fence that will be at least nine feet further from the
street
I appreciate your review of this request If you should have any questions, please
do not hesitate to call
Sincerely,
Joe R Thompson
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** TOTAL PAGE 05 you
PLANNING APPLICATION REVIEW FORM
CASE NO V03/51
Planning Commission Date June 9, 2003
Project Location 504 West St Croix
Comprehensive Plan District Two Family Residential
Zomng District RB
Applicants Name David P Ponath
Type of Application Variance
Project Description A Variance to the side yard setback (10 feet required, 5 feet requested) for
the construction of an addition above an existing attached garage
Discussion The applicant is requesting a Variance to construct an addition over an existing
garage The garage has a flat roof Technically, an addition could be constructed to the rear of
the house and no Variance would be required
Recommendation
Denial
Conditions of Approval
Should the Commission approve the request, staff recommends the following conditions of
approval
1 The architectural style, materials, and color match the main structure
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 vanance, if
granted, would not constitute a special privilege of the recipient not enjoyed by lus neighbors
3 That the authonzing 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/Site Plan/Elevation Drawings
—PLANNING ADMINISTRATION APPLICATION FORM
COMMUNITY DEVELOPMENT DEPARTMENT
CITY OF STILLWATER
216 NORTH FOURTH STREET
STILLWATER, MN 55082
Address of Project 51x1 W
Case No V o3-57
Date Filed 5l5 /03
Fee Paid
Receipt No
ACTION REQUESTED FEES
Special/Conditional Use Permit $50/200
Vanance $70/200
Resubdivision $100
Subdivision* $100+50/lot
Comprehensive Plan Amendment* $500
_Zoning Amendment* $300
_Planning Unit Development * $500
_Certificate of Compliance $ 70
*An escrow fee Is also required to offset the costs of attorney and engineering fees
The applicant is responsible for the completeness and accuracy of all forms and supporting material
submitted in connection with any applcation All supporting
pporting material (1 e, photos, sketches, etc)
submitted with application becomes theyo
copies of
supporting material is required If application Isubmitted to eSt, City Councllwater il, twelveen , (12)copies of
supporting material is required
A site plan Is required with applicat,ons Any Incomplete applicat,on or supporting material will delay t
appbcat,on process
PROPERTY IDENTIFICATION
sr trio, x
Zoning District C,
�691/ ext5 4
Ora
Assessor's Parcel No 2 ►d324634tS9'
Description of Project /1 Noino4 04
s t., ture, e JIr breve
(GEO Code)
ono i
"I hereby state the foregoing statements and all data,'nformat,on and evidence submitted herewith in al
respects, to the best of my knowledge and belief, to be true and correct 1 further certify 1 will comply wI
the permit if it is granted and used "
Property Owners t P,n
City - State - Zip f'i / I }ry jfl jy 33-0 a Z City - State - Zip
Telephone No
Telephone No
Signature
(Signature Is required)
Lot Size (dimensions), x
Land Area I I , o }o Sduair f.Fr
Height of Buildings Sr
S ories
Principal
Accessory
Feet
Signature
Representative
Mailing Address5 -f ' SI Cpfx ,1 t.
Mailing Address "a/f/Le
(Signature Is required)
SITE AND PROJECT DESCRIPTION
Total Building floor ea 2. l7 i 0 square feet
Existing js%if square feet
Proposed 49 2, square feet
Paved Impervious Area(r,i► square feet
No of off-street parking spaces c%.
H 4ncnamaralshedalPUWAPP FRM April 12 2002
5.01- W. Si. Croy Ae.)
MiI/ Water, MN
May 4, 2003
Dear Members of the Stillwater Planning Commission
We have enjoyed hvmg in Stillwater for almost ten years In fact, we are the third generation to
live here at 504 West St Croix Avenue Our home was built in 1948 by my husband's
grandfather, a woodworker at Stillwater Manufacturing We hope to continue this tradition and
pass our home on to our own children someday However, three children and a dog and frequent
guests and visitors have made us feel somewhat crowded m our three bedroom, one and a half
bath, story and a half home We decided to contact a builder and see about enlargmg our home
with a simple bedroom and bath addition above our flat -roofed garage and an expanded
entryway When our builder tried to obtain a building permit, however, he discovered that
zonmg regulations require living spaces to be at least ten feet away from the property hne As
our existmg garage is built five feet away from the east side of our property, a variance request
for just five more feet is necessary for this project to take place
We feel a variance would be m the best interest of our family, our neighborhood and the city of
Stillwater for the following reasons
As already stated, our family is beginning to outgrow our home m its current state We like the
fact that our grandfather and great grandfather built this house and built it well Family hentage
is important to us We lke our North Hill neighborhood We really do not wish to move away
from what we feel is a good place for our children to grow up The space above the garage is the
most logical, cost-effective and aesthetically pleasmg location for an addition. (The flat roof
above the garage gives the house an unfinished look and is not the best kind of roof for
Minnesota's climate) An addition will enhance our quality of hfe and the architecture of our
house We chose an above the garage addition for another reason —we would hie to keep our
yard as large as possible Our children and the neighborhood children often play here and we
want them to have room to run,
We have shown our plans and spoken with our immediate neighbors concerning the addition
Jerome Petroski, our neighbor on the east side, does not mind if we build, even if it's five feet
away from the property line His house is another forty-eight feet away from that hne anyway
Our attached garage has always been there We are not estabhshing new boundaries or changing
the footpnnt of the house We are supply building over an existmg structure "As long as you
stay here," said Jerome Many homeowners m our area are renovating and expandmg their
homes We do not anticipate any negative reaction to this project
Finally, Stillwater itself will benefit Although both my husband and I work outside of
Stillwater, we have chosen to live here because we love the area, the city and the house that
Grandpa built We shop here, go to the doctor here, use the hbrary and the school system, the
playgrounds and parks We pay taxes here and as you know, a project such as this will only
increase the value of our home and the taxes we pay on it' Stillwater has many lovely homes
This project will also add to the character of our home and therefore, the face value of our city
Thank you for considering our apphcation We beheve we have a reasonable request and trust
that you will deal with it fairly We will be happy to answer any questions you may have at the
Planning Commission meeting on June 9
Sincere
David and Ann Ponath
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PROJECT NO 220qq
SCALE 1 /8° = 1'
DATE 2q APRIL 2003
SHEET 1 OF 6
NOTES
VERIFY ALL MEASUREMENTS
DRAWINGS/DESIGNS ARE THE
PROPERTY OF MARTIN JOSEPH
DESIGN & CONSTRUCTION INC
ALL RIGHTS RESERVED
CONTRACTORS LICENSE A 5441
294b 294b
13'-0 1/2" 21-q 1/2'
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CLOSET
8 x 1 e18
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II
II
II
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9 5 x 15 5 o KITCHEN
11 2 x12 1
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ENTRY
510x37
3446
4
'-6"
3068
6' 6"
T-2"
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0
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60'-6"
tr
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77x38
6068
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EXPAND ENTRY
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8 4 x 14 0 _
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r
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154 x23 4
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8'-6" -I.
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FIRST FLOOR PLAN
DAME & ANN PONATH RESIDENCE
4 TRADITION OF CRAFTSMAVSHIP
PROJECT ADDITION
PROJECT NO 220qq
SCALE 3/16" = 1'
DATE 2q APRIL 2003
SHEET 2 OF 6
NOTES
VERIFY ALL MEASUREMENTS
DRAWINGSIDESIGNS ARE THE
PROPERTY OF MARTIN JOSEPH
DESIGN 8 CONSTRUCTION INC
ALL RIGHTS RESERVED
CONTRACTORS LICENSE it 5447
36'-0"
6O'-b"
4'-3"
8'-8" 16'-0"
4'-3" 6'-3" -- 3' 6"
b'-3"
iinn
STORAGE
35 4 x b 4
REMOVE WINDOW & DOOR
CLOSET
6 4 x7 11
BEDROOM
16 8 x13 11
BUILT INS
8'-0sI
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116x28
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--CERAMIC TILE
tes
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85x54
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1iti"R
MASTER BDRM
154x218
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/ \
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EXTENDED ROOF
SUSPENDED CLOSET
24'-10"
1
d
0
a
SECOND FLOOR PLAN
4 TRADITION OF CR 4FTSMAVSHIP
PROJECT ADDITION
PROJECT NO 220gq
SCALE 3/16" = 1'
PATE 29 APRIL 2003
SHEET 3 OF 6
NOTES
VERIFY ALL MEASUREMENTS
DRAWINGS/DESIGNS ARE THE
PROPERTY OF MARTIN JOSEPH
DESIGN & CONSTRUCTION INC
ALL RIGHTS RESERVED
CONTRACTOR'S LICENSE * 5447
HAND FRAME ROOF IN/ 2" X 8" SFP
RAFTERS & 2" X b" SPF CEILING
JO5T5, TO ACT A5 "COLLAR TIE" FOR
CEILING
5/8" 05B ROOF SHEATHING
CEILING HEIGHT TO MATCH EXISTING
FRAME DORMER WITH 2" X 8" 5PF
RAFTERS
CEDAR SHAKE SHINGLES ON
DORMER EXTERIOR
240 LB 3-TAB SHINGLES TO
MATCH EXISTING
30 LB FELT WITH ICE DAM
BARRIER I5T 36"
SIX ROOF VENTS
EXTERIOR WALLS 2" X b" SPF OR BETTER
INTEROR WALLS 2" X 4" 5PF OR BETTER
WALL SHEATHING 1/2" 05B
3 PLY 11 1/8" MICROLAM BEAM IN GARAGE
2" X 10" FLOOR JOIST "SHOULDER" TO EXISTING 2" X 6" RAFTER
3/4" T&G PLYWOOD SUBFLOOR
SOFFIT & FASCIA TO MATCH EXISTING
8" STEEL WOODGRAIN SIDING, EDCO
BRAND WHITE
FIELD VERIFIED EXISTING
FOOTING DEPTH OF 44" WITH 8"
CONCRETE BLOCK
4 IN 12 PITCH
4 TRADITION OF CRAFTSMA VSHIP
PROJECT ADDITION
PROJECT NO 22099
SCALE 1/4" = 1'
DATE 29 APRIL 2003
SHEET 5 OF 6
NOTES
VERIFY ALL MEASUREMENTS
DRAWINGS/DESIGNS ARE THE
PROPERTY OF MARTIN JOSEPH
DESIGN & CONSTRUCTION INC
ALL RIGHTS RESERVED
CONTRACTORS LICENSE* 5441
73 FEET
LOW
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30 FEET
ST
C OIX
AVE
A TRADITION OF CRAFTSMANSHIP
PROJECT ADDITION
PROJECT NO 220gq
SCALE
DATE 2q APRIL 2003
SHEET 6 OF b
NOTES
VERIFY ALL MEASUREMENTS
17RAWINGS/DE5tGN5 ARE THE
PROPERTY OF MARTIN JOSEPH
DESIGN & CONSTRUCTION INC
ALL RIGHTS RESERVED
CONTRACTORS LICENSE # 5441
PLANNING APPLICATION REVIEW FORM
CASE NO V/03-53
Planning Commission Date June 9, 2003
Project Location 1101 South Fourth Street
Comprehensive Plan District Two Family Residential
Zoning District RB
Applicants Name Michael and Jennifer Peltier
Type of Application Variance
Project Descnption A Variance to the street side setback (front- 30 feet required, 11' 10"
requested) and a Vanance for impervious surface coverage (30% required, 65% requested) for
the construction of a two car attached garage
Discussion
The applicants are requesting approval of Variances to the required setback and for the amount
lot coverage of impermeable surface The lot size is nonconforming Minimum lot size in this
zoning distnct is 7500 square feet, and the applicants lot size is 5450 square feet Due to the size
of the lot, any more construction would create a serious problem with water run off (see attached
letter from City Engineer)
Recommendation Denial
Conditions of Approval
Should the Commission approve the request, staff suggests the following condition of approval
1 The architectural style, materials, and color match the main structure
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 nghts
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/Letter from Applicant/Site Plan/Elevation Drawings
.
PLANNING ADMINISTRATION APPLICATION FORM
COMMUNITY DEVELOPMENT DEPARTMENT
CITY OF STILLWATER
216 NORTH FOURTH STREET
STILLWATER, MN 5508
*An escrow fee 1 als
The applicant is res • o oMMv
e for the completeness and accuracy of all forms and supporting material
submitted in conne ion with any apphcat,on All supporting material (i e , photos, sketches, etc)
submitted with apphcat,on becomes the property of the City of Stillwater Sixteen (16) copies of
supporting material is required If apphcat,on is submitted to the City Council, twelve (12) copies of
supporting material is required
A site plan is required with applications Any incomplete apphcat,on or supporting material will delay
apphcation process
PROPERTY IDENTIFICATION
Case No
Date Filed
Fee Paid
Receipt No
akaC
FEES
$50/200
-SFefEeersi
$100
$100+50/l
$500
$300
$500
$ 70
Address of Project 1 ► 3
ACTION REQUESTED
Special/Conditional Use Permit
7Vanance )Ob
_Resubdivision
_Subdivision*
_Comprehensive Plan Amendment*
_Zoning Amendment*
__Planning Unit Development *
_Certificate of Compliance
e costs of attorney and engineering fees
So 4h' s.-riz+r-st-z' Assessor's Parcel No 33a2...10016/490kh
Zoning District Description of Project Any, LEV ILL o ,ov tee, �XGEO(Code) o►ae.
Z e-f• X 2.051 FOOD fa G {a -t i Z.4 x Z pjb A.*-b
0 0
C�ivw�ar-nr"c. Li es4 IO X1O�
"1 hereby state the foregoing statements and all data, mformat,on and evidence submitted herewith in
respects, to the best of my knowledge and belief, to be true and correct 1 further certify 1 will comply v
the permit if it is granted and used "
Property Owner hi' I
`^,,,tel a
�` �� ���4Q-S-- .i/S�P..l' Representative L
Mailing Address (I D 1 , LT \ 5 f - Mailing Address t oz o IMo.,rF:, &J. Av+-
City - State - Zip a UJa e r � 1 j� c' a City - State - Zip .Sri �w a.-rd o 5 2
50 8
Telephone No S/ Z130 q. 9
Signature
L
!gnat / e is required) (Signature Is required)
Telephone No GS(-4r39- C? t b
Lot Size (dimensions)»o9sx _EQ
Land Area s4`7SS
Height of Buildings Stories
Principal IYZ
Accessory
Feet
z4
H Imcnamaralsheila1PLANAPP FRM April 12 2002
Srgnatup»
SITE AND PROJECT DESCRIPTION
Total Building floor area 3332 square feet
* Existing 2c 7 o square feet
Proposed z e z- square feet
Paved Impervious Area z53 square feet
No of off-street parking spaces 0
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11 1
Memorandum
To Sue Fitzgerald /
From Klayton Eckles, City Engineer 4Ls' ✓
Date June 6, 2003
Subject Importance of Impervious Surface Regulations
The City of Stillwater has impervious surface regulations in the City's ordinances that
regulate the maximum amount of impervious or hard surfaces on individual lots The
purpose of these regulations is not just centered on aesthetics, greater impervious surfaces
yield much higher rates and volumes of runoff Blacktop and rooftops cause water to runoff
much faster Also these surfaces reduce the area available for water to pool and infiltration
of water into the ground
Failure to observe the impervious surface regulations can cause two senous problems First
localized flooding and erosion can occur in the immediate vicinity of lots that are highly
impervious City staff spends a significant amount of time workmg with residents
concerning local flooding and erosion problems Often times these are caused by new
construction or changes in the drainage area The second problem relates to the City storm
sewer system Much of the City's storm water system was designed and installed 30 to
100-years ago Large portions of our system, especially in the old town, are senously
undersized and do not come close to today's standard for design Additional impervious
surface in these drainage areas puts a significant burden on a storm sewer system that is
already marginal
By ngorously enforcing impervious surface standards, the City may ultimately avoid major
infrastructure improvements that could be necessary to handle additional storm water runoff
and flooding problems By way of example the City has spent well over $1 million on
storm water retrofitting in the ravines and historic portions of Stillwater m the last five
years Often times when viewed on an individual basis the impervious regulation seems
insignificant but when viewed in a broader context and considenng our system is on the
verge of inadequacy, small changes can result in major impacts
For these reasons the Engineenng Department supports the implementation of the current
impervious regulations
May 9, 2003
RE Request for vanance
Community Development Department
City of Stillwater
216 North Fourth Street
Stillwater, MN 55082
Dear Community Development Department,
I am wnting to request your consideration to grant a variance to our home We would like
to add a two -car garage and an addition to the second floor of our home The house is
already in non-compliance because it is not set back 30 feet from the front That is
because the ongmal structure was built in 1880
We feel it is necessary to have a garage due to the inconvenience of parking on the street
dunng the winter months We occasionally park in the yard but that is not possible when
the ground is soft In order to comply with winter parking regulations we plow the snow
in our back yard so that we may park off the street but that results in very little grass
being able to grow because of the scraping of the topsoil leaving an unsightly mud pit
when it rains At some point in the past the previous owners of our home sold 25 ft of the
back of our lot to the neighbors behind us It is partly because of that sale that in order to
fit a two -car garage on the existing lot we must get within 10 feet of the neighbors
property line There are currently no existing structures on the neighbor's property near
where we plan to put up our garage
We would also like a variance to add an addition to our home In order to add two
average size bedrooms to the second floor of our home the house would need to be
cantilevered out 1' 10" on each side of the house I believe the improvements done to our
home will enhance the current neighborhood Our house is currently the smallest and
most unadorned house in the neighborhood This project will put our home on par with its
current neighbors by adding architectural elements such as gabled windows that will
enhance it's esthetic appeal to those who live in the area and for those who dnve past
Thank you for your consideration
Sincerely,
Michael and Jennifer Peltier
PLANNING APPLICATION REVIEW FORM
CASE NO SUP/03-54
Planning Commission Date June 9, 2003
Project Location 1801 Market Drive
Comprehensive Plan District Business Park Commercial
Zoning District BP-C
Applicants Name Eric Robbins, TNT Fireworks
Type of Application Special Use Permit
Project Description A special use permit for temporary sale of fireworks
Discussion The request is for a 10 day permit to sell fireworks from the CUB parking
lot The lot is oversized and can accommodate the temporary use
A nonprofit organization will see the fireworks
Recommendation Approval
Conditions of Approval
1 The request shall be approved by the Fire Chief and Police Chief
2 The permit is good from June 25 - July 5, 2003 One time only
Attachments Application
05/16/20a3 09 24 4308810
CITY 0c STILLWWER
rtiut r�l
PLANNING ADMINISTRATION APPLICATION FORM
COMMUNITY DEVELOPMENT DEPARTMENT
CITY OF STILLWATER
216 NORTH FOURTH STREET
STILLWATER MN 55082
Case No
Date Filed
Fee Pald
Receipt No 71'76/
SDP D3�3
FACTION REQUESTED
/� SpedaUConditional Use Permit
Vananoe
ResubdMsion
Subdivision'
Comprehensive Plan Amendment*
Zoning Amendment"
_Planning Unit Development "
Certificate of Compliance
The fees for requested action are attached to this applicatlon engineering des
'An escrow fee is also required to offset the costs of attorney end eng ng
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 Sixteen (16) copies of
supporting material Is required If application Is submitted to the City Council, twelve (12) copof
or
supporting material Is required A site plan Is required with applications Any incomplete application
supporting material will delay the application process
C/14 f0» 1 Address of Project g I A ftek p(?. Assessor's Parcel No
PROPERTY IDENTIFICATION
� .. 0Code) frft1dflkftrZoning Distnct Description of Protect
144
"1 hereby state the foregoi statements d all data, information and evidence submitted herewith in ail
respects, to the best of my knowledge and belief, to be true and correct. I further certify 1 will comply with
the permit if it is granted and used - _Mir
Propertyowner St2 ihcaRepresentativeE.Lia eolin�- ,FIRE i
����
Mailing Address ��-I/ Mailing Address ?ills E v 57 .14 �0
City - State • Zip City - State - Zip 1 Pad! if i /0 /
t57—Zt-- /500
Telephone No
Signature
(Signature is required)
Lot Size (dimensions) _ x
Land Area
Height of Buildings Stories
Principal
Accessory
H Vna►arnara4.heI8VLANAPP7RM
Telephone No
Signature
(Signature Is required)
SITE AND PROJECT DESCRIPTION
Total Building floor area
Existing square
Feet Proposed square feet
Paved Impervious Area square feet
No of off-street parking spaces
May 1, 2003
feet
square feet ) D
Location Map NATER
HEIGHTS
NMI MOUNT e. m DEEDS EG
STILLWATER MARKET
CURVE CREST B
TOWER DRIVE
STILLW.
WEST FRONTAGE F
WEmaao WSW. CODE
EASTBOUND MOWN CENTS
6OTH STREET NORTH
POINT eta FT W
R_IW ROW RI9W
R_ W R_IW R.OW
Vicinity Map
Scale in Feet
Iles ammo L. ....W iaw .mWm* n A..
WsWpna Corts dre.
TM up
.a s um, b nr..le
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Permit Related Information
Account Executive - State of Minnesota
Eric Robbins
235 East 6th St , Suite 204
St Paul, MN 55101
651.228.1500 (office)
651 228 1400 (fax)
encrobbins@gwest net
Dear City of Stillwater, Mayor, and City Council
Per my conversation with the city offices, we wanted to inform you of our
upcoming non-profit fundraiser at Cub Foods parking lot from June 25 to July 5\th
Attached you will find useful information regarding the sale
As Account Executive for TNT Fireworks for the state of Minnesota, I would like
to inform you of some key intentions and points regarding our sale
1 The date of sale will be June 25-July 5, 2003
2 The hours of operation will be approximately 9 a m to 10 00 p m
3 Twenty-four hour secunty will be in force
4 TNT Fireworks is the largest retailer of consumer fireworks and we have over
6000 locations nation-wide
5 We will obviously be selling only those items allowed by Minnesota State
Statutes
6 Our tents are professional, clean, and flame retardency certificates are attached
7 We have enclosed everything required if anything is missing, please let us
know
8 We have a contract with Cub, whom we also supply their inside fireworks stock
as well
Our non-profit group, Redeeming Love, and I will be at the upcoming public
hearing and are looking forward to sharing this vision If you have any questions,
please feel free to call me anytime I would like to further make myself available
for anything else you need and want to stand true to our mission points of safety
and clean family fun Thank you again for supporting our non-profit fundraising
campaign
Sincerely,
Enc Robbins
TNT Fireworks Account Executive
235 East 6th Street #204
St Paul, MN 55101
651-228-1500 office
651-228-1400 fax
AMERICAN PROMOTIONAL EVENTS INC
PO BOX 1318 • 4511 HELTON DRIVE • FLORENCE AL 35630
PHONE (256) 764 6131 • FAX (256) 760 0154
www tntfireworks com
O
Ctib
FOODS
May 15, 2003
To Whom It May Concern
TNT Fireworks is an approved Vendor for the year of 2003 to conduct Fireworks Tent
Sales on our stores' parking lots The promotion will run 10-14 days, plus a few days
before and after for set-up and tear -down
Pnor to the opemng sales date, Enc Robbins, TNT Account Executive for the state of
Minnesota will call on you to introduce himself, discuss the event, and the placement of
the selling unit in your parking lot He is also responsible for obtaimng all necessary
permits and/or licenses
Thank you, in advance, for your cooperation in this matter and if you have any further
questions please contact Enc Robbins at 651-228-1500
Sincerely,
Cub Foods
Bob Greenwald
Category Manager
kJ i YllorL1
1.11ALY ad
t' +x
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1 Jai
pfroofroJ
vivo
94,E
i
11
-c7,14i-----4
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c? iiititlz-f- ''y-ou,' 7'7'
°'bl +f 18 7'19"-I LIV
i lid] 1v,/ `T I hial I
�r am -
_fir`st Anderson business was opened as a small news stand m 191 T---
orence,Alabama = _ _ �_ = - - _ __ -
ma'su--___--_ _
FIREWORKS is the largest d-stributor of 1.4G CLASS C COMMON -
ORKS in the United States TNT® -currently services over 11,000
ores across the United Sates, including ALASKA 1k HAWAII._AS Ieade_r11
:Iri lie wholesale distribution for 1.4G Class C Fireworks f0 ov_er� _ _
0 years; TM® -makes it a policy to give each customer tndnndual -`==
grams tailored to their individual customer base needs _ In order to-
we up to this policy, TNT® is dedicated to our rinssion for = -_ - --_ _—_
ITMENT, QUALITY, AND TEAMWORK at all times _ _ T = _ _ - = w
erson Companies currently -have over 75 distribution _and ware� - -
.; .. rig facilities throughout theUnite_d States _which,_when combined T
/--:. ,?'.fit _
loves 3--million square feet of space: 7 = _ _-
ethe key to TN IIR_EWQRKS successors the_number one w
necegof FIREWORKS PROMOTIONS is -a of threemam �ngred�ents:�
QUALITY _ _ _ - _ - --TEAMWORK. __
There is NO substitutefor-tluatrtyr_ Another unportant element for
Every customer wants the best = --building a suuessful worlang
productatttebesf`pncaTMt�1'r - relahonship,steamworkjoT
offers for quaity moved wdh fuIIy capnoEze on potii+he�for�ivW
our reputahon of being theIeader
PLANNING APPLICATION REVIEW FORM
CASE NO V/03-55
Planning Commission Date June 9, 2003
Project Location, 1311 3rd Street North
Comprehensive Plan District Single Family
Zoning District RA
Applicants Name Thomas and Linda Furst
Type of Application Variance
Project Description A variance to the rear yard setback for the construction of a
three season porch and deck
Discussion The request is to construct a raised deck and porch 8 feet from the rear
property line, 25 feet is required No special circumstances is provide by the applicant
for the variance other than the addition is adding a "great space to the house"
Recommendation Denial
Attachments° Application and plan
PLANNING ADMINISTL,TION APPLICATION FORM
COMMUNITY DEVELOPMENT DEPARTMENT
CITY OF STILLWATER
216 NORTH FOURTH STREET
STILLWATER MN 55082
Case No V
Date Filed r n E.
Fee Paid /Di
Receipt No
03 -
7igit
ACTION REQUESTED
x
Special/Conditional Use Permit
Vanance
Resubdivision
Subdivision*
Comprehensive Plan Amendment
Zoning Amendment*
Planning Unit Development *
Certificate of Compliance
The fees for requested action are attached to this application
*An escrow fee is also required to offset the costs of attorney and engineering fees
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 Sixteen (16) copies of
supporting material is required If application is submitted to the City Council, twelve (12) copies of
supporting material is required A site plan is required with applications Any incomplete application o
supporting material will delay the application process
PROPERTY IDENTIFICATION
Address of Project / 3// , RP .S Ply Assessor's Parcel No -9/613DQ6.3G975
(GEO Code)
Zoning District Description of Project 3 3ea C 6 Yt pre -II 1- D6C k
"I hereby state the foregoing statements and all data, information and evidence submitted herewith in al
respects, to the best of my knowledge and belef, to be true and correct I further certify I will comply wi
the permit if it is granted and used "
Property OwnerThomas tt L-l>vda St rsr Representative
Mailing Address 13 II 3" 5+ N3 - i Mailing Add
City - State - Zip 5t ,11 LX-k r WI I ik) & 6OS2 City - State -
Telephone No
(t)/-q30 r?7.?
/2-- W- /4, 9'7 7-0,77 L'e//
Signature
(Signature is required)
Lot Size (dimensions yOdx SO
Land Area o ff72Cfe
Height of Buildings Stor� Feet,/
Principal yy 15
Accessory /
Telephone No
Signature
(Signature is required)
SITE AND PROJECT DESCRIPTION
Total Building floor area
square feet
Existing /;
Proposed
Paved Impervious Area
No of off-street parking
s uare feet
i�� >;r • square feet
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Dear Planning Commission;
We would like to add a 3 season porch (14x10) and a deck(10x 10 with a
4' landing and stairs). We would like you to grant this variance because it
would add a great space to our house, opening up our eating area when the
doors are open and giving us a room to go and relax. It will also give us an
exit out of our upper since the original deck had to be removed. The
structure would enhance the appearance and increase the value. The
neighbors I think would like it if the house had a more finished look to it. I
can not see any adverse affect to putting this structure up.
Thank You
Thomas and Linda Furst
1311 3rd St. N
Stillwater MN 55082
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•
PLANNING APPLICATION REVIEW FORM
CASE NO SUB-F/03-56
Planning Commission Date June 9, 2003
Project Location 608 North Main Street
Comprehensive Plan District Central Business District
Zoning District CBD
Applicants Name Terra Springs, LLC
Type of Application Subdivision
Project Description The request is to subdivide the Territorial Prison Site, 10 13 acres, into
7 lots, 5 developable lots and 2 outlots
Discussion The preliminary plat subdivision request is a follow up to the concept planned unit
development approved previously by the planning commission on 4/14/03
The subdivision will create 5 developable lots and two outlots The 5 developable Tots will
contain 5 structures and the 227 housing units a part of the PUD The two outlots are the wall
and uplands and the courtyard archeological green Outlot B, 2 68 acres, will be owned by the
city and Outlot A will be open to the public as a part of the park amenities An interpretative
trail will encircle the site and connect to interpretive opportunities, caves, relocated wayside,
interpretative center and possibly the wardens house
Th site plan and utility plans are being reviewed by the engineering department and the
roadway system has been reviewed an approved by the Fire Chief The subdivision has been
referred to MnDOT for comment
The developer will be installing all sewers and utilities The planned unit development use is
consistent with the CBD zoning and the subdivision is consistent with the zoning ordinance and
Downtown and Comprehensive Plans
Recommendation Approval
Conditions of Approval
1 Utilities, trails and public open space easements shall be provided as needed by the
engineering and community development director
2 The street plan shall be modified to meet the fire chief's conditions of approval
3 The interpretative center, trail, archeological green shall be provided in lieu of park
dedication
4 All utility plans shall) be reviewed and approved by the city engineer
Attachments Application and preliminary plat
P.ANVING ADMINISTR/ .ION APPLICATION FORM
COMMUNITY DEVELOPMENT DEPARTMENT
CITY OF STILLWATER
216 NORTH FOURTH STREET
STILLWATER, MN 55082
Case No 5
Date Filed
Fee Paid
Receipt No
ACTION REQUESTED
— Special/Conditional Use Permit
— Variance
— Resubdivision
X Subdivision *
— Comprehensive Plan Amendment *
— Zoning Amendment*
— Planning Unit Development*
— Certificate of Compliance
The fees for requested action are attached to this application
*An escrow fee is also required to offset the costs of attorney and engineering fees
The applicant is responsible for the completeness and accuracy of all forms and supporting matenal
submitted in connection with any apphcat on All supporting material (i e , photos, sketches, etc)
submitted with application becomes the property of the City of Stillwater Sixteen (16) copies of
supporting matenal is required If application is submitted to the City Council, twelve (12) copies of
supporting matenal is required A site plan is required with applications Any incomplete appbcat on or
supporting material will delay the appllcaton process
PROPERTY IDENTIFICATION
Address of Project 608 No Main (Terntonal Pnson site) Assessor's Parcel No
Zoning District CB Descnption of Project Mixed -Use Development
(GEO Code)
"I hereby state the foregoing statements and all data, information and evidence submitted herewith in all
respects, to the best of my knowledge and belief, to be true and correct I further certify I will comply with
the permit if it is granted and used "
Property Owner CITY OF STILLWATER Representative TERRA SPRINGS LLC
(Brian Sweeney)
Mailing Address 216 No Fourth Street Mailing Address. 180 E. 5th Street — ste. 160
City - State — Zip Stillwater. MN 55082 City - State — Zip St Paul. MN 55101
Telephone No 651-430-8800 Telephone No 651-291-3591
Signature Signature
(Signature is required) (Signature is re; t� ed)
SITE AND PROJECT DESCRIPTION see next page
H \mcnamara\she la\PLANAPP FRM April 12 2002
PLANNING ADMINISTR/..ION APPLICATION FORM
Page 2
SITE AND PROJECT DESCRIPTION
Case No
Date Filed
Fee Paid
Receipt No
Lot Sizes LOT ONE / Block One 37,055 SF± Total Building floor area square feet
0 85 AC+
LOT ONE / Block Two 36,052 SF+
0 83 AC+
LOT TWO / Block Two 62,779 SF+
1 44 AC+
LOT THREE / Block Two 37,4405 SF+
0 86 AC+
LOT ONE / Block Three 48,474 SF+
1 11 AC+
OUTLOT A 107,559 SF+
2 46 AC+
OUTLOT B 116,809 SF+
2 58 AC+
,
Land Area approx. 6 Acres Existing 8.000 square feet
Height of Buildings Stories Feet Proposed 250,000 square feet
Pnncipal 2-6 stones 20-58 feet Paved Impervious Area square feet
Acccssory ( total of 5 buildings) No of off-street parking spaces — 342
H mcnamara\sheila\PLANAPP FRM Apnl 12 2002
SCALE:
1 Inch = 50 Feet
West Ll... Street l
O DENOTES 1/2 INCH IRON PIPE MONUMENT
SET AND MARKED WITH A PLASTIC CAP
INSCRIBED FREEMAN RLS 16989', UNLESS
SHOWN OTHERWISE.
❑ DENOTES 1/2 INCH IRON PIPE MONUMENT
FOUND AND MARKED WITH A PLASTIC CAP
INSCRIBED 'FREEMAN RLS 16989', UNLESS
SHOWN OTHERWISE.
• DENOTES IRON PIPE MONUMENT FOUND.
SIZE AND MARKINGS AS SHOWN.
ORIENTATION OF THIS BEARING SYSTEM 15 THE
RECORDED PLAT OF TERRITORIAL PRISON ADDITION
VICINITY MAP
SEC. 28, T3ON, R2OW
4 11
(NO SCALE)
TERRA SPRINGS
i I ♦,
1 NI 6D%
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S88"54'21 "W N 1L.1 J I �_ ` I JvnL.L.0 Ydvh /
--149.95-- ---- North Line Of The South BOO ;
�l a Feet Of Lot 2, Block 6, C '1i 3 Block Seven
ape SyA ^. h and Schulmhurg s Addition I "•i 1.
A
PEE t °`AapO e ) p S88"54'21 "W \ o o O (Described in Book 3o—�
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31�so fir' _ : -- 267.20 -- a, a�?\
--- South Line Lot 2, Block 6 n '--South Line East Elm Street \
u/\ 8 yPrison WolL �i^, \
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TERRA SPRINGS
LAND PLANNING
FE E SURVEYING
ENGINEERING
5620 MEMORIAL AVENUE NORTH, ST ILLWATER, MN 55082
Phone (651) 439-8833 Fax (651) 430.9331
Website: www.ife•inc.com
Sheet 2 of 2 Sheets
SCALE
1 Inch = 50 Feet
25 50
rt,
West GI El"' cJ�a'22 s
4c
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NOTES
O DENOTES 1/2 INCH IRON PIPE MONUMENT
SET AND MARKED WITH A PLASTIC CAP
INSCRIBED FREEMAN RLS 16989 UNLESS
SHOWN OTHERWISE
O DENOTES 1/2 INCH IRON PIPE MONUMENT
FOUND AND MARKED WITH A PLASTIC CAP
INSCRIBED FREEMAN RLS 16989 UNLESS
SHOWN OTHERWISE
• DENOTES IRON PIPE MONUMENT FOUND
SIZE AND MARKINGS AS SHOWN
ORIENTATION OF THIS BEARING SYSTEM IS THE
RECORDED PLAT OF TERRITORIAL PRISON ADDITION
It
VICINITY MAP
SEC 28 T3ON R2OW
C
TERRA
LgSPRINGS
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PRELIMINARY PLAT
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2 68 AC±
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0 86 ACf
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i A
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Folz Freeman Erickson Inc
N
LAND PLANNING
E SURVEYING
ENGINEERING
5620 MEMORIAL AVENUE NORTH STILLWATER, MN 55082
Phone (651) 439 8833 Fax (651) 430 9331
Websue www ffe me com
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TERRA SPRINGS
OWNERS CERTIFICATE
KNOW ALL MEN BY THESE PRESENTS That the City of Stillwater A home rule city of the third class a Minnesota municipal corporation fce owner
of the following described property situated in Washington County Minnesota
Lot 1 and Lot 2 Block One of the TERRITORIAL PRISON ADDITION on file and of record in the
office of the County Recorder Washington County Minnesota
Have caused the same to be surveyed platted and known as TERRA SPRINGS and do hereby dedicate the easements created be this plat for drainage and/or
utility purposed only
In witness whereof the City of Stillwater A home rule city of the third class a Minnesota municipal corporation has caused these presents to be signed and
sealed by its proper officers this day of 200
CITYOFSTILLWATER
By By
Jay L Kimble Mayor Morli Weldon Clerk
STATE OF MINNESOTA )
COUNTY OF ) The foregoing instrument was acknowledged before me this day of 200 by Jay L
Kimble Mayor and Morh Weldon Clerk of the City of Stillwater a home rule city of the third class a Minnesota municipal corporation on behalf of the
Corporation
(Signature Of Notary Public)
(Pnnted Name Of Notary Pubbc)
Notary Public Minnesota
My commission expires
SURVEYORS CERTIFICATE
1 Timothy J Freeman hereby certify that 1 have surveyed and platted the property described on this plat as TERRA SPRINGS that this plat is a correct
representation of the survey that all distances are correctly shown on the plat in feet and hundredths ofa foot that all monuments have been correctly placed
in the ground as shown that the outside boundary lines are correctly designated on the plat and that there are no wet lands as defined in Minnesota Statutes
Section 505 02 Subd I or public highways to be designated on said plat other than as shown
Timothy J Freeman Minnesota Registered Land Surveyor Registration No 16989
STATE OF MINNESOTA )
COUNTY OF ) The foregoing certificate by Timothy J Freeman Registered Land Surveyor was acknowledged before me a Notary
Public this day of 200
(Signature Of Notary Public)
(Pnnted Name Of Notary Public)
Notary Public Minnesota
My commission expires
COUNTY SURVEYOR
Folz Freeman Erickson Inc
LAND PLANNING
SURVEYING
ENGINEERING
5620 MEMORIAL AVENUE NORTH STILLWATER, MN 5)082
Pho (651) 439 8833 Fa (601) 430 9331
Webs wn If c com
Pursuant to Chapter 820 Laws of Minnesota 1971 this plat has been approved this day of 200
By By
Washington County Surveyor
CITY OFSTILLWATER
Approved by the City Council of the City of Stillwater Minnesota this day of 200 The provisions of
Minnesota Statutes Section 505 03 Subd 2 have been satisfied
Signed Signed
Mayor Clerk
Approved by the City of Stillwater Planning Commission this day of 200
Signed Signed
Chairman Secretary
COUNTY AUDITOR/TREASURER
There are no delinquent taxes the current taxes due and payable for the year 20 have been paid and transfer entered this day of
200
By By
Washington County Auditor/Treasurer Deputy
COUNTY RECORDER
Document Number
1 hereby certify this instrument was filed in the office of the County Recorder for record on this day of
200 at o clock_ M and was recorded in Washington County Rccords
By By
Washington County Recorder Deputy
TERRA SPRINGS
Sheet 1 of 2 Sheets
Memo
To Planning Commission
From Steve Russell, Community Development Director
Date June 5, 2003
Subject Zoning Map Amendment Changing the Zoning of Nine Lots Containing
Approximately 25 acres from Agricultural Preservation, AP, to
Lakeshore Residential, LR, 20,000 Square Feet Per Lot Kevin and
Roxanne Shoeberg, applicants Case No ZAM/03-03
Background This area was annexed to the City in 1996 as a part of Phase I city
expansion Per City Land Use Policy, the property came into the city zoned Agricultural
Preservation as an initial holding zone for further study and specific urban designation
The AP zone district requires a 10 acre lot size and for this use requires additional
planning study, rezoning before subdivision
Proposed Rezoning The proposed zoning is for changing the zoning from Agricultural
Preservation to Lakeshore Residential The district being proposed for rezoning is nine
large lots of 2-3 acres located north and south of 62nd Street (a related application from
the applicant for the zoning amendment proposed subdividing a 3 acre lot into four
lots Case No SUB/03-61 )
Analysis The application is consistent with the single family large lot land use
designation of the comprehensive plan The whole area is being considered for
rezoning to coordinate public utilities and to have consistent land use Utilities can be
provided from the surrounding area Zoning amendments require Joint Board
approval
Recommendation Approval of the rezoning
Findings The proposed rezoning is consistent with the Comprehensive Plan
Attachments Application and rezoning map
PLANNING ADMINISS`. .TION APPLICATION FORM
COMMUNITY DEVELOPMENT DEPARTMENT
CITY OF STILLWATER
216 NORTH FOURTH STREET
STILLWATER MN 55082
Case No 7701 /03- 0 3
Date Filed S/asj/ p3
Fee Paid SOO
Receipt No 707010
ACTION REQUESTED
Special/Conditional Use Permit
Vanance
Resubdnnsion
Subdivision*
Comprehensive Plan Amendment
x Zoning Amendment*
Planning Unit Development *
Certificate of Compliance
The fees for requested action are attached to this application
*An escrow fee is also required to offset the costs of attorney and engmeenng fees
The applicant is responsible for the completeness and accuracy of all forms and supporting matenal
submitted in connection with any appl►cat►on All supporting matenal (i e, photos, sketches, etc)
submitted with application becomes the property of the City of Stillwater Sixteen (16) copies of
supporting matenal is required If appl►cabon is submitted to the City Council, twelve (12) copies of
supporting matenal is required A site plan is required with applications Any incomplete application o
supporting matenal will delay the application process
PROPERTY IDENTIFICATION
Address of Project 12730 - 62nd_Street North Assessor's Parcel No i _ nIn _ 9n 43 0001
(GEO Code)
Zoning Distnct AP Description of Project Rezone to Lakeshore Residential
et
"I hereby state the foregoing statements and all data, information and evidence submitted herewith in al
respects, to the best of my knowledge and belief, to be true and correct I further certify 1 will comply w►i
the permit if it is granted and used "
Property Owner Kevin & poxanne Shneherg Representative
Mailing Address
City - State - Zip
Telephone No . 1- 4 3 0- 9 0 3 8 Telephone No
Mailing Address 12730 - 69nd qt reet NrLth
City - State - Zip st, 1 lwa t- e r f MN 55087
Signature
(Signature is required)
Lot Size (dimensions) _ x
Land Area
Signature
(Signature is required)
SITE AND PROJECT DESCRIPTION
Total Building floor area square feet
Existing square feet
Height of Buildings Stories Feet Proposed square feet
Principal Paved Impervious Area square feet
Accessory No of off-street parking spaces
Rezoning
Rezoning The property shown on the attached exhibit A which is attached hereto and
incorporated by reference herein is currently zoned Agriculture Preserve This zoning designation
is inconsistent with the Comprehensive Plan and the current use of the property which is single
family residential We are requesting that the property be rezoned to Lakeshore Residential a
residential zoning designation which is consistent with the Comprehensive Plan and the current
use of the property
By way of background the property shown on the attached exlubit A was annexed to the
City of Stillwater in 1996 pursuant to an annexation agreement between the City of Stillwater and
the Town of Stillwater The property was suppose to be rezoned to a zoning classification that
represented the current use of the property The AP zonmg is not consistent with its uses and
allows uses which are not consistent with the area or adjacent zoning districts The area is
currently used for single family residential homes A few of the properties within this area are
larger (2-3 acres) and therefore capable of being subdivided into single family residential lots m
order to properly and efficiently utilize municipal services within the Metropolitan Urban Services
Area
The Lakeshore Residential zoning classification would allow the properties to utilize
appropnate setbacks which are consistent with residential single family homes Under the AP
zoning the setbacks are greater because the district contemplated large lots which did not have the
charactenstics of a urban neighborhood As a result of the annexation the property is clearly
urban in character and the property owners are entitled to the appropnate zonmg classification
The adjacent properties have substantially greater densities and most of the adjacent areas have
been rezoned to residential or multi -family residential zoning classifications
We are requesting that the property be rezoned to allow us to effectively and efficiently
use our property The zoning classification will provide us with the appropnate setbacks and
allow our respective property to be subdivided into single family residential lots consistent with
the City of Stillwater Comprehensive Plan and the adjacent properties
We are also requesting that the City waive and refund to us the apphcation fees required
for the rezoning as this expense to rezone the entire area should be born by the City and not an
individual property owner The City has done this in the past for other property owners and given
the annexation of the property it would certainly make sense to have the costs for the rezoning
borne by the City
MNDOT W W PLAT NO 82 83
Cm of STUW TER }r_�
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w el r.wymer dun rms ewe
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927 f�a 2697� �
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1807 261/6 961
dAn _ F 1013 242
1102
1610
416
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Ile.moonisrapaa. GNAT Oft*
Awn. OM IAA
Memo
To Planning Commission
From Steve Russell, Community Development Director V
Date June 5, 2003
Subject Subdivision of 3 Acres of Land into Four Lots of 20,000 Square Feet
Minimum Located at 12730 62nd Street North in the AP, Agricultural
Preservation District Kevin and Roxanne Shoeberg, applicants
Background This application is dependent upon the previous rezoning case If the
rezoning is not approved, the subdivision cannot be approved because the proposed
subdivision would not be consistent with zoning The application is to subdivide three
acres into four lots of 94 acres (existing residence), 60 acres, 59 acres and 59 acres
A 31 acre parcel along the existing park to the north is proposed for dedication to the
city as an expansion of the existing park It is recommended that the shape of the
dedicated park land be parallel to the rear lot to coordinate with further dedication on
adjacent lots to the west line
Urban services are available as shown on the subdivision preliminarily plat Water
service is available in 62md Street North and sewer service is available from Long Lake
Villas
A grading, drainage, infiltration plan will be required before final plat approval Park
and trail improvements are required according to the Park Dedication Policy as
proposed and conditions
Recommendation Approval (only is site is rezoned Lakeshore Residential, LR)
Findings The proposed subdivision is consistent with Lakeshore Residential Zoning
Conditions of Approval
1 Drainage and utility easements shall be provided as required by the City Engineer
2 A grading, drainage, infiltration plan shall be provided for City Engineer approval
before final plat approval (Browns Creek Watershed District)
3 A paved trail shall be installed connecting 62nd Street to the Long Lake Villas trail on
the adjacent city land
4 All lots shall be connected to city water and sewer service
5 Drainage impact fees shall be paid before final plat approval
6 Existing assessments shall be paid before final plat recording
Location Map
STATE HIGHWAY 36
ITION
aim 1I WHammes
R_IW RX,W RI9W
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Vicinity Map
Scale In Feet
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PLANNING ADMINISTRATION APPLICATION FORM
COMMUNITY DEVELOPMENT DEPARTMENT
CITY OF STILLWATER
216 NORTH FOURTH STREET
STILLWATER MN 55082
Case No
Date Filed
Fee Paid
Receipt No
ACTION REQUESTED
Special/Conditional Use Permit
Vanance
Resubdmsion
Subdivision*
Comprehensive Plan Amendment
x Zoning Amendment*
Planning Unit Development *
Certificate of Compliance
The fees for requested action are attached to this application
*An escrow fee is also required to offset the costs of attorney and engmeenng fees
The applicant is responsible for the completeness and accuracy of all forms and supporting material
submitted in connection with any application All supporting matenal (0 e , photos, sketches, etc)
submitted with application becomes the property of the City of Stillwater Sixteen (16) copies of
supporting material is required If application is submitted to the City Council, twelve (12) copies of
supporting matenal is required A site plan is required with applications Any incomplete application of
supporting material will delay the application process
PROPERTY IDENTIFICATION
Address of Project 12730 - 62nd Street North Assessor's Parcel No nln 7n _ 43 n001
(GEO Code)
Zoning District AP Description of Project Rezone to Lakeshore Residential
"I hereby state the foregoing statements and all data, reformation and evidence submitted herewith in al
respects, to the best of my knowledge and belief, to be true and correct I further certify 1 will comply wit
the permit if it is granted and used "
Property Owner Kevtn & Roxanne Shoeberg Representative
Mailing Address � 7 3 0 _ 6 2 nd s r' e No h Mailing Address
City - State - Zip st , 11 water, MN 55087 City - State - Zip
Telephone No . 51- 4 3 0- 9 0 3 8 Telephone No
Signature
(Signature is required)
Lot Size (dimensions)
Land Area
Height of Buildings Stories
Pnncipal
Accessory
Signature
(Signature is required)
SITE AND PROJECT DESCRIPTION
Total Building floor area square feet
Existing square feet
Feet
Proposed square feet
Paved Impervious Area square feet
No of off-street parking spaces
Rezoning
Rezomng The property shown on the attached exhibit A which is attached hereto and
incorporated by reference herem is currently zoned Agriculture Preserve This zoning designation
is inconsistent with the Comprehensive Plan and the current use of the property which is single
family residential We are requesting that the property be rezoned to Lakeshore Residential a
residential zoning designation which is consistent with the Comprehensive Plan and the current
use of the property
By way of background the property shown on the attached exhibit A was annexed to the
City of Stillwater in 1996 pursuant to an annexation agreement between the City of Stillwater and
the Town of Stillwater The property was suppose to be rezoned to a zoning classification that
represented the current use of the property The AP zoning is not consistent with its uses and
allows uses which are not consistent with the area or adjacent zoning districts The area is
currently used for single family residential homes A few of the properties within this area are
larger (2-3 acres) and therefore capable of being subdivided into single family residential lots in
order to properly and efficiently utilize municipal services within the Metropolitan Urban Services
Area
The Lakeshore Residential zoning classification would allow the properties to utilize
appropnate setbacks which are consistent with residential smgle family homes Under the AP
zomng the setbacks are greater because the district contemplated large lots which did not have the
charactenstics of a urban neighborhood As a result of the annexation the property is clearly
urban in character and the property owners are entitled to the appropnate zoning classification
The adjacent properties have substantially greater densities and most of the adjacent areas have
been rezoned to residential or multi -family residential zonmg classifications
We are requesting that the property be rezoned to allow us to effectively and efficiently
use our property The zoning classification will provide us with the appropnate setbacks and
allow our respective property to be subdivided into single family residential lots consistent with
the City of Stillwater Comprehensive Plan and the adjacent properties
We are also requesting that the City waive and refund to us the apphcation fees required
for the rezoning as this expense to rezone the entire area should be born by the City and not an
individual property owner The City has done this in the past for other property owners and given
the annexation of the property it would certainly make sense to have the costs for the rezoning
borne by the City
PLANNING ADMINISTRATION APPLICATION FORM
COMMUNITY DEVELOPMENT DEPARTMENT
CITY OF STILLWATER
216 NORTH FOURTH STREET
STILLWATER MN 55082
Case No
Date Filed
Fee Paid
Receipt No
ACTION REQUESTED
Special/Conditional Use Permit
Vanance
Resubdivision
Y Subdivision*
Comprehensive Plan Amendment*
Zoning Amendment*
Planning Unit Development *
Certificate of Compliance
The fees for requested action are attached to this application
*An escrow fee is also required to offset the costs of attorney and eng►neermg fees
The applicant is responsible for the completeness and accuracy of all forms and supporting matenal
submitted in connection with any application All supporting matenal (0 e , photos, sketches, etc )
submitted with application becomes the property of the City of Stillwater Sixteen (16) copies of
supporting matenal is required If application is submitted to the City Council, twelve (12) copies of
supporting matenal is required A site plan is required with applications Any incomplete application or
supporting matenal will delay the application process
PROPERTY IDENTIFICATION
Address of Project 12730 - 62nd Street North Assessor's Parcel No 31.030.20.43 _ non 1
Lakeshore (GEO Code)
Zoning DistnctRcsldcntial Description of Project N71 q, on
"I hereby state the foregoing statements and all data, information and evidence submitted herewith in all
respects, to the best of my knowledge and belief, to be true and correct I further certify I will comply wit
the permit if it is granted and used "
Property Owner Kpvi n & Roxanne Shneherg Representative
Mailing Address 1 2730 - 62nd Street North Mailing Address
City - State - Zip Stillwater, MN 55082 City - State - Zip
Telephone No 6 51-4 3 0- 9 0 3 8 Telephone No
Signature _ Signature
(Signature is required)
Lot Size (dimensions) x
Land Area 3.03 Acres
SITE
Height of Buildings Stories Feet
Pnncipal
Accessory
(Signature is required)
ND PROJECT DESCRIPTION
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\sheda\PLANAPP FRM
Mav 1 7nnz
Long Lake View Estates Preliminary Plat
Subdivision We are requesting that our property which is currently 3 03 acres m size be
subdivided mto four (4) residential lots in a plat to be known as Long Lake View Estates The
lots will range in size between 94 acres to 59 acres Each lot has between 89 and 140 feet of
frontage on 62nd Street Lot 1 is currently occupied by our home The remaining three lots would
be used for single family residential homes Private covenants would be placed on all four lots
The lot sizes are consistent with the area and the Comprehensive Plan for the area
Utihties for the property are available to the property The sanitary sewer line is currently
in the northeast corner of the property Construction of a samtary sewer lme to serve all four lots
would be along the northern portion of the lots This would serve the four lots and would allow
the pipe to be extended in the future to area to the west The City water line runs adjacent to the
southern boundary of the lots Lot 1 has the stub installed for the water service but we are
proposing to be able to utilize the well on the property until such time that this is no longer
adequate Lots 2 through 4 will be required to stub into the water tine of the City Gas and
electric are available to the property and would be installed when construction occurs on each
individual lot
The lots would have ingress and egress driveways off of 62nd Street and some trees would
be removed to gain access to each lot Each lot would have sufficient access to the public streets
and utilities in the area
As part of the subdivision we propose to dedicate additional land to the City along the
northern boundary of the property which is adjacent to the City of Stillwater's current park area
This will meet the park dedication requirement �r
During construction of the lots each lot would have silt fence and necessary construction '
matenals installed to minimize the erosion until appropnate seedmg has stabilized the area The
silt fence would be removed as directed by the City Engineer
STUB
(Future Connec
or Parcels So
f 62nd Street)
PLANNING APPLICATION REVIEW FORM
CASE NO V/03-57
Planning Commission Date June 9, 2003
Project Location 603 West Churchill Street
Comprehensive Plan District Two Family Residential
Zoning District RB
Applicants Name Scott and Lisa DeMars
Type of Application Variance
Project Descnption A Variance to the side yard setback (30 feet required, 20 feet requested) for
the construction of a garage
Discussion The applicants are requesting a Vanance to the side yard setback to construct a 22
ft by 24 ft garage The existing garage is located 8 feet from the existing property line Part of
the dnveway access pad to the garage is located on City nght of way The City is in the process
of installing sidewalks in their area and parking their cars on the pad will not be an option To
have a garage on this property, the access has to be off of Holcombe Street There is not enough
space between the house and the property line to construct a dnveway off of Churchill Street
They are showing the proposed garage on the attached site plan at the rear of the lot The
neighbors' garage to the west of the applicant is located about 25 feet from the proposed garage
There is a small shed on the property where the garage is proposed that will be demolished
Recommendation Denial
Conditions of Approval Should the Commission approve the request, staff suggests the
following condition of approval
1 The architectural style, materials, and color match the main structure
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 neighbonng violations are
not hardships justifying a variance
2 That a vanance 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 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 detnment to adjacent property
and not materially impair the purpose and intent of tlus title or the public interest nor adversely
affect the Comprehensive Plan
Attachments Application Form/Letter from Applicant/Site Plan/Elevation Drawings
scoEt. arlet 1,c444--s
(903 W. Cb tcr— hr` 1( .
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Done..
' PLANNING ADMINISTRATION APPLICATION FORM
COMMUNITY DEVELOPMENT DEPARTMENT
CITY OF STILLWATER
216 NORTH FOURTH STREET
STILLWATER, MN 55082
Case No
Date Filed
Fee Paid
Receipt No
ACTION REQUESTED FEES
$50/200
$70/200
$100
Comprehensive Plan Amendment* $5 0+50/lot
Zoning Amendment* $300
Planning Unit Development * $500
Certificate of Compliance $ 70
*An escrow fee is also required to offset the costs of attorney and engineering fees
The applicant is responsible for the completeness and accuracy of all forms and supporting material
submitted in connection with any appl,cabon All su
submitted with appl�cat�on becomes the propertypporting material (i e, photos, sketches, etc)
copies of
supporting material is required If application isubmitted the to eof t,C City Councllwater il,
twelven e (12)copies
supporting material is required p s of
A site plan is required with appl,cat,ons Any incomplete apphcat,on or supporting matenal will delay
appbcat,on process ti
PROPERTY IDENTIFICATION
Address of Project �TT-IA N I
Assessor's Parcel No33 030 00s17
Zoning District Description of Project �Q�106e. �� Ss JQreye anA s/.ed 41e4(GEO Code)
b„ 14 new o' +bock
reoh s n ♦ e n s •' e
"I hereby state the foregoing statements and all data, mformat,on and evidence submitted herewith in al
respects, to the best of my knowledge and belief, to be true and correct I further certify I will comply wit
the permit if it is granted and used "
Property Owner Sca Qrs
Mailing Address 6'03 GLrat/
City - State - Zip
Telephone No 1{3C— 0 g-iq.
Signature
(Signature Is required)
Lot Size (dimensions& x ISo
Land Area SOO
Height of Buildings tories Feet
Pnncipal
Accessory L_
Special/Conditional Use Permit
.X_Vanance
Resubdivision
_Subdivision*
Representative
Mailing Address
City - State - Zip
Telephone No
Signature
(Signature is required)
SITE AND PROJECT DESCRIPTION
Total Budding floor area
Existing ?9d
Proposed
Paved Impervious Area
No of off-street parking
square feet
square feet a oic! - *.L-4'
square feet NeW
square feet
spaces im con
H bncnamaraksheilaT ANAPP FRM April 12 2002
Scott and Lisa DeMars
603 West Churchill Street
Stillwater, MN 55082
May 22, 2003
Steve Russell, City Planner
Stillwater Planning Commission
City of Stillwater
216 North Fourth Street
Stillwater, MN 55082
Re Request for a "corner lot street" side yard set back variance 30' setback needed,askung for
20', setback variance of 10'
Steve Russell and the Planning Commission,
As you know, the City of Stillwater is making a lot of necessary road improvements this summer
One of the streets included will be Holcombe Street, which runs on the east side of our property
The proposed improvement includes widening the road approximately 1 foot, and addmg 5 foot
wide sidewalks on both sides of the street Our existing garage is only 8 feet from the city's
roadway easement and our 22' driveway is mostly on city property With the new sidewalks, we
won't be able to park m our dnveway, as our vehicles would be parked over the new sidewakc
Therefore, we need to move the garage, or build a new one m a different location With a 24'
deep garage, a 50' wide lot, and a 5' side yard set back from the adjacent property, the garage
would be approximately 20' from the city's roadway easement (12' further from the road than it
currently is) We would be ehmmatmg a hundred year old 12 x 22 orngmal garage structure and
removmg a poorly built 22 x 24 garage which is located within 8' of the house which could
present fire code hazards under current buildmg code
By grantmg this variance, the neighborhood would not be adversely affected for the following
reasons The new garage street side set back would actually be greater than the exnstmg set back,
and would be greater than many others m the area It would allow us, and our guests to contmue
to park in the dnveway, instead of on the street, and Churchill and Holcombe are busy streets
The new location is also further away from Churchill/Holcombe intersection If we build a new
garage, it would have a more appealing extenor than the current garage
Thank you for your time,
Jr_.,-1,-P
Scott and Lisa DeMars
Ai, -,co„( ,
Notes:
o Ind. #13774 iron pipe set
• Ind. mon, found as noted.
Bearing system is assumed datum.
Offsets shown to existing structures are
meas. to the outside building wall line,
unless shown or noted otherwise.
Underground or overhead public or private utilities, on
or adjacent the parcels, were not located in conjunction
with this survey, unless noted otherwise hereon.
Overall parcel contains 15021 sq. ft., more or less.
SURVEY MADE EXCLUSIVELY FOR: Scott and Lisa DeMars,
CERTIFICATE OF SURVEY
BARRETT M. STACK
STILLWATER, MINN. 55082
MINNESOTA REGISTERED
LAND SURVEYOR
Tel. No. 439-5630
603 West Churchill St., Stillwater, MN 55082
DESCRIPTION: As Supplied By Client: (copy of Doc. No. 994826, Wash. Co. records)
Lots 1 and 2, Block 9, Holcomb's Addition to Stillwater, Washington County, Minnesota.
1
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i 1 hereby certify that this survey, plan, or report was
prepared by me or under my direct supervision and that
am a duly Registered Land Surveyor under the laws of
the Slate of Minnesota.
, T /7o0, it/o. 4/649
Date...August..21.,..2002 Reg.No...1.37.7.4
If
PLANNING APPLICATION REVIEW FORM
CASK NO V/03-58
Planning Commission Date June 9, 2003
Project Location 607 West Myrtle Street
Comprehensive Plan District Two Family Residential
Zoning District RB
Applicants Name Michelle St Claire
Type of Application Vanance
Project Description A Vanance to the front yard setback (30feet required, 16 feet requested)
for the construction of a entry overhang
Discussion The applicant is requesting approval of a Variance to the front yard setback to
construct a entry overhang over the front steps The overhang would not extend any closer to the
property line than the existing concrete steps The applicant has given several reasons in the
attached letter why she needs protection over the stairway Mainly, she is getting water in her
basement when it rains The water runs down the north face of the house and into the basement
She hopes this entry will alleviate the problem
Recommendation
Approval with conditions
Conditions of Approval
1 The architectural style, materials, and color match the main structure
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 nghts
possessed by other properties in the same distnct 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 authonzing 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/Site Plan/Elevation Drawings
05/22/2003 08 23 4308810
CITY OF STILLWATER
PAGE 02
PLANNING ADMINISTRATION APPLICATION FORM
COMMUNITY DEVELOPMENT DEPARTMENT
CTTY OF STILLWATER
216 NORTH FOURTH STREET
STILLWATER MN 55082
Case No
Date Filed
Fee Paid
Receipt No
ACTION REQUESTED
.�Special/Conditional Use Permit
✓_Variance
�Resubdivision
Subdivision*
Comprehensive Plan Amendment'
Zoning Amendment*
Planning Unit Development *
Certificate of Compliance
The fees for requested action are attached to this application
*An escrow fee Is also required to offset the costs of attorney and engineering fees
The applicant is responsible for the completeness and accuracy of all forms and supporting material
submitted In connection with any application All supporting matenal (1 e, photos, sketches, etc)
submitted with application becomes the property of the City of Stillwater Sixteen (IS) copies of
supporting material Is required /f application Is submitted to the City Council, twelve (12) copies of
supporting material is required A she plan Is required with applications Any incomplete application or
supporting material will delay the application process
PROPERTY IDENTIFICATION
Address of Project i 0 7 r e S r i,:
Asses-so�Parce�I ITo 2X -
Zoning DistrictDescription of Project a.�) (GEO Code)
Wti
L¢ti
a3
L
9 hereby state the foregoing statements and all data, information and evidence submi ewlth in ail
respects, to the best of my knowledge and belief, to be true and correct I further certify I will comply witl the permit If it is granted and used
Property Ownery l l /(1 - Sf % &lee, Representative_
Mailing Address_ 6,0 % tti M U p f /e. St,
City - State - Zip Ja 4l/V 55City - State - zip_
Telephone No 5) �39- 956r3
signature�C��
(Signature Is required)
Lot Size (dimensions) x
Land Area
Height of Buildings Stories
Principal
Accessory
Telephone No
Signature
Mailing Address
(Signature Is required)
SITE AND PROJECT DESCRIPTION
Total Building floor area square feet
Existing square feet
Proposed square feet
Paved Impervious Area square feet
No of off-street parking spaces
Feet
H \malamara\shella\PLANAPP FRM
May 1, 2003
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MICHELLE ST CLAIRE
May 23 2003
To the City of Stillwater Planning Commission
I am requesting a vanance from the City of Stillwater to build a small porch on the front of my
home at 607 W Myrtle Street I have enclosed a diagram of the proposed addition
The reasons for this request are
*My current concrete steps are detenorating and need to be replaced (They currently extend 42
out from my front door and are 48 wide) I would like to replace them with wooden steps the
depth would remain at 42 but I would like to extend them to 120 wide
*I am getting a large amount of water in my basement when it rains The water runs down the
north face of my house because there is no roof over this part of the house I would like to add a
42 x 120 roof with support posts over the proposed step area.
*My mail gets soaked every time it rams The proposed new roof would prevent this from
happening
I have discussed this proposed addition with both of my immediate neighbors and neither have any
problem with my building the porch on my home (I have enclosed statements from both of them
sharing their feelings) An added note My neighbor to the East Cindy Nord has a similar porch
on the front of her home By adding my porch our two porches would be the same distance from
the main sidewalk
Thank you for your consideration on this project and look forward to discussing it with you at
your June 9th meeting
Sincerely
k Olai)Lt)
Michelle St Claire
607 W Myrtle Street
Top view' • L W
Current s'airs concre%e.k4-h€y re pr) ()( 48)
Pro posed rep Inee.imerit of steps Wood and widen•xW
A roof would be. also be. placed over Thee, top step kre��y
The s-teps are. e or rer*-1
would stay sue.
"the_ house. -Lha-t- 4voutd
Q.l so rernai n the sa,v32.
10` from 4-he, si dewcctK, --}rot
steps cu_rrerit e.�fi-endl
-10 mains, walk Prope.rb1 t, Ytz,
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0)-.o3L ' .Lvti 3
p
May 22nd 2003
To Whom it May Concern,
We have no objections with Michelle St Claire budding a roof onto her porch or any other construction
that needs to be completed based on the water issues associated with her home
Thank You
Patrick & Christine Welsh
617 Myrtle Street
Stillwater MN 55082
r
y
PLANNING APPLICATION REVIEW FORM
CASE NO V/03-59
Planning Commission Date June 9, 2003
Project Location 522 West Oak Street
Comprehensive Plan District Two Family Residential
Zoning Distnct RB
Applicants Name Mark Balay, representing applicant
Type of Application Variance
Project Description A Variance to the front yard setback (20 feet required 11 requested) and to
the side yard setback (6 feet required, 5'6" requested) for the construction of a front porch
Discussion
The owner of the above residence has asked Mark Balay to prepare a concept design for removal
of the existing covered stoop that is deteriorating, for something that is more functional,
aesthetically pleasing and histoncally sensitive The proposal is for a new 6ft porch across the
south front of the house The design is intended to replicate as much as possible, the original
porch which appears on several old turn of the century plat maps attached to the house This
replacement will require encroaching one foot further into the front yard than the house to the
immediate west on Oak St It will also encroach 6 inches into the side yard setback on the east in
order t line up with the existing southeast corner of the house
Recommendation Approval with conditions
Conditions of Approval The architectural style, materials, and color match the main structure
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 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 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/Site Plan/Elevation Drawings
t
Planning Admin Form
Page 1 of 2
PLANNING ADMINISTRATION FORM
COMMUNITY
DEVELOPMENT
DEPARTMENT
216 North Fourth Street
Stillwater, MN 55082
(612) 430-8820
Action Requested
Certificate of Compliance
Conditional or Special Use Permit
Design Review
Planned Umt Development*
Variance
Comprehensive Plan Amendment*
Zoning Amendment*
Subdivision*
Resubdivision
Total Fee
Case No
Date Filed
Fee Paid
Receipt No
Fee
$70
$50/$200
$25
$500
$70/$200
$500
$300
$100+$50/lot
$100
*An escrow fee is also required to cover the costs of attorney and engineering fees (see Step 3,
Filing the Application)
The applicant is responsible for the completeness and accuracy of all forms and supporting
material submitted in connection with any application
Address of Project
Zomng District
PROPLR 1 Y WEN 111U 1CA 1 1ON o
O A g s 772 7— Assessor's Parcel No o/�f Ot9.319p030098
Descnption of Project Pop -( D) -)zD J is /- 11/4P K
7 hereby state the foregoing statements and all data information and evidence submitted herewith in all respects to the
best of my knowledge and belief true and correct If further certify I will comply with the permit if it is granted and used "
Property Owner KARL- 1,1E4tIM RepresentativeHAltK5 Brif.Hy �L_NIm-c ST,�
Mailing Address 522 w OAK- ST , 5rtt ua mg Address l i oF- H ypaij sir i,L ._1
Telephone No��1)St - 3 g t F32 Telephone No bra - o — 3
Signature 2x� Signature
SITE AND PROJECT DESCRIPTION
Lot Size (dimensions) b 1' x lgJ' Total building floor Area _j/0 ewigota ft
Land Area W 5' i 5,f
Height of Buildings Stones - - Feet
Principal--- - 2 - 2_
Existing sq ft
Proposed ilda c440)4}Sg ft
Paved Impervious Area IVA. sq ft
http //www ci stillwater mn us/cityhall/departments/comm_dev/planform html 5/21/2003
r•
t
Mark S Balay AIA
, t e r hl i n n c sot
110 East Myrtle Street Suite 100
Stillwater Minnesota 55082
(651) 430 3312
5/23/03
City of Stillwater
Community Development Department
216 N Fourth St
Stillwater, MN 55082
Michael E Balay AIA
Indian a p o I i s 1 r d r 1
6801 Lake Pla a Drive Suite C 305
Indianapolis Indiana 46220
(317) 845 9402
RE 522 W Oak St / Variance Request
Enclosed are all matenal to support our request for your approval
The owner of 522 W Oak St must replace or repair an existing covered front stoop He
has asked us to prepare a concept design for removal of the old solution and installation
of a more functional, aesthetically pleasing , and historically sensitive solution
The proposed project will include installation of a new 6 ft deep porch across the south
front of the house The design is intended to replicate as much as possible, the original
porch which appears on several old turn of the century plat maps, attached to the house
This replacement will require encroach one foot further into the front yard than the house
to the immediate west on Oak st and also six inches into the side uard requirement on the
east ►norder to line up with the existing south east corner of the house
We find this to be a continued step forward for another Stillwater historical residence,
and ask for you support of all necessary approvals and variances to carry out this project
Please do not hesitate calling if you have any question or require additional information
Sincerely,
Mark S Balay
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PLANNING APPLICATION REVIEW FORM
CASE NO V/03-60
Planning Commission Date June 9, 2003
Project Location 106 East Chestnut Street
Comprehensive Plan District Central Business District
Zoning District CBD
Applicants Name Mark Balay representing The Mortgage Company
Type of Application Variance
Project Description A Variance to the front yard setback (15 feet required, 11 feet requested)
for the re -construction of a porch and accessibility ramp
Discussion The applicant was asked by the owner to prepare a concept design that would
remove the existing complicated ramp system that was installed several years ago, and replace it
with a functional, aesthetically pleasing, histoncally sensitive solution The solution includes
three main elements
1 A replicated wrap around 9 foot deep porch on the south side of the building, designed in
the same matter as the existing histoncal building There would also be a traditional set
of wooden steps in front of the main entry (see attached plan)
2 A "bridge" walkway from the public sidewalk to the entrance of the building
3 An additional parking space will be created for short-term deliveries to the building
Recommendation Approval with conditions
Conditions of Approval The architectural style, materials, and color match the main structure
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 nghts
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 authonzing of the variance will not be of substantial detnment to adjacent property
and, riot materially impair the purpose and intent of this title or the public interest nor adversely
affpct #ie Comprehensive Plan
Attachments Application Form/Letter from Applicant/Site Plans/Photos
HPC Action Approval +6-0 w/condition — All revisions to the approved plan shall be
reviewed and approved by the HPC
r
J
PLANNING ADMINISTRATION APPLICATION FORM
COMMUNITY DEVELOPMENT DEPARTMENT
CITY OF STILLWATER
216 NORTH FOURTH STREET
STILLWATER MN 55082
Case No
Date Filed
Fee Paid
Receipt No
ACTION REQUESTED
special/Conditional Use Permit
\ Variance
Resubdivision
Subdivision*
Comprehensive Plan Amendment*
Zoning Amendment*
Planning Unit Development *
Certificate of Compliance
The fees for requested action are attached to this application
*An escrow fee is also required to offset the costs of attorney and engineering fees
The applicant is responsible for the completeness and accuracy of all forms and supporting matenal submitted
in connection with any application All supporting matenal (► e , photos, sketches, etc) submitted with
application becomes the property of the City of Stillwater Sixteen (16) copies of supporting matenal is
required if application is submitted to the City Council, twelve (12) copies of supporting matenal is required
A site plan is required with applications Any incomplete application or supporting matenal will delay the
application process
PROPERTY IDENTIFICATION 01 80.30c7OP O (oL}
Address of Protect I 0 to £ GF/A-5T14117' 17P 7 Assessor's Parcel No n1 0 Z
��°°.}}�� ���� (GEO Code)
Zoning Distriq Description of Protect_f6 nG/-1 MOP 1710N
'I hereby state the foregoing statements and all data, information and evidence submitted herewith in all
respects, to the best of my knowledge and belief, to be true and correct. 1 further certdy l will comply with the
permit if it is granted and used "
Property Owner ,7o3-IN 14 -y Representative h1ARK 5 (9/4I.d4YA j Ti5C-13) Ilk
Mailing Address 1 Ob C 4 jt/vr 5T
Mailing Address 11 6 E r2 >'/21LE Sr
City - State - Zip STfu,14ft77 P) j-1 /\1 £5vp,..1___. City - State - Zip57-1l4,4441T-12- — N1l( — 55052_
Telephone No bS 1—it 3 0- 7 9 ad
Signature
(Sig
quired)
Lot Size (dimensions) /55 x 100
Land Area
Telephone No 651- 4-3 0- 3 31 2--
Signature
( ignature is required
SITE AND PROJECT DESCRIPTION
Total Building floor area
Existing
Height of Buildings
Pnncipal
Accessory
Stories
square feet
square feet
Proposed quire feet
Paved Impervious Area quare,feet
No of off-street parking s
Location Map
RIW ROW RI9W
R_W RIW ROW
Vicinity Map
Scale in Feet
ION & q um mot al ma.r.a.
me Mon _mood. d. II,
nom. tome Wog,. Corry &Ws
woar tot, WoOontico Casty m
t000moltio to toy norm*
m... wd... oa.c.m.y m iny.r. ITa
Prom OSS 1430-®
Mark S Balay AIA
II r it r NI
110 East Myrtle Street Suite 100
Stillwater Minnesota 55082
(651) 430 3312
5/23/03
n n 5 0 t 9
City of Stillwater
Community Development Department
216 N Fourth St
Stillwater, MN 55082
Michael E Balay AIA
I n d i 9 n 9 p o I i s 1 n (1 r e
6801 Lake Plaza Drroe Suite C 305
Indianapolis Indiana 46220
(317) 845 9402
RE 106 E Chestnut/ Design Review and Variance Request
Enclosed are all matenal to support our request for your approval
The owner of 106 E Chestnut must replace or repair an existing complicated
entry ramp system that was installed several years ago, due to deterioration He has asked
us to prepare a concept design for removal of the old solution and installation of a more
functional, aesthetically pleasing , and historically sensitive solution
The proposed project will include three main elements
1) a replicated wrap around 9 ft deep porch on the south side of the building executed
with the same historical details that make up the existing building There would also
be a traditional set of wooden steps in front of the main entry as depicted in plan
2) A bridge" walkway from the public sidewalk which will improve accessibility to
the entrance of the building
3) The creation of an additional parking stall for the building which shall be used to get
delivery/ short term vehicles off Chestnut St
We find this to be a continued step forward for a building which was one of the earliest
rehabilitations in downtown Stillwater, and ask for you support of all necessary approvals
and vanances to carry out this project
Please do not hesitate calling if you have any question or require additional information
Sincerely..
mil/
Mark S Bala
12
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I d p II I a
MEMORANDUM
To Planning Commission
Fr Sue Fitzgerald, City Planner
Date June 9, 2003
Re Case No SUP/03-62
Case No SUP/03-62 — The applicant has tabled his request until a further date
PLI Article "Understanding Spot Zoning," by Robert C Widner
Page 1 of 2
PlannersWej,
vv-ww.planncrsw eb.com
PLANNING COMMISSIONERS JOURNAL
Planning Law Primer:
Understanding Spot
Zoning
by Robert C. Widner,
Esq.
Other Articles Online
"Understanding Spot Zoning" is
included in our
.Ph'nninij Law'Prirner
printed collection of articles
11+rum 1ssuc 13 pagc 17 of the PCJ Winter 19941
Most planning commissioners have heard the impassioned cry that
rezoning decision will constitute an invalid "spot zoning " This llegation particular
typically arises where the community is considering the rezoning of a single lot
or small parcel of property held by a smgle owner and the rezoning will permit
land uses not available to the adjacent property
Because spot zoning often focuses on the single parcel without considenng the broader
context, that is, the area and land uses surrounding the parcel, it is commonly considered the
antithesis of planned zoning While rezoning decisions that only affect a single parcel or
small amount of land are most often the subject of spot zoning claims (as opposed to
rezonmgs of larger areas), a locality can lawfully rezone a single parcel if its action is
shown to be consistent with the community's Iand use policies As I will discuss shortly,
courts look to the community's comprehensive plan, or to other planning studies, in
determining whether the rezoning is, in fact, consistent with local land use policies
Of course, whether a particular rezoning constitutes an unlawful spot zonmg depends
largely upon the facts surrounding the zoning decision and upon the judicial decisions of
each state However, courts commonly note that the underlying question is whether the
zoning decision advances the health, safety, and welfare of the community A zoning
decision that merely provides for individual benefit without a relationship to public benefit
cannot be legally supported Where a particular zoning decision is not supported
ulic
purpose, the zoning decision is arbitrary and may be subject to invalidation as unlawful spot
zoning
http //www plannersweb com/articles/wid060 html
6/4/2003
PUJ Article "Understanding Spot Zoning," by Robert C Widner
Page 2 of 2
Although courts throughout the nation differ in their specific approaches when reviewing
spot zoning claims, the majority consider
1 the size of the parcel subject to rezoning,
2 the zoning both pnor to and after the local government's decision,
3 the existing zoning and use of the adjacent properties,
4 the benefits and detriments to the landowner, neighboring property owners, and the
community resulting from the rezoning, and
5 the relationship between the zoning change and the local government's stated land use
policies and objectives
This last factor -- the relationship of the rezoning decision to the community's land use
policies and objectives -- is perhaps the most important one As a result, when a planning
commission (or governing body) initially considers a rezoning request it should determine
whether the request is consistent with the comprehensive or master plan Many
communities' zoning codes also require a separate planning study that examines the ments
of the proposed rezoning This further ensures that any rezoning is consistent with the
community's land use objectives, and not a case of spot zoning The bottom line is that
courts will give considerable weight to evidence that the locality's rezoning decision reflects
thoughtful consideration of planning factors
It should be noted that there is one situation where a rezoning decision that does not
conform to the comprehensive plan may nevertheless be upheld That is where there is
evidence showing significant changes in the community since the adoption of the plan that
would justify a rezoning of the property This is especially true where a review of other
factors, such as benefit to the community and the size of the rezoned parcel, indicate that the
rezoning was not merely intended to confer a benefit to the property owner
Please note that this article is copynght protected by the Planning Commissioners Journal You are
welcome to download or pnnt the article for your own personal use -- or to provide a link to this
article from another Web site For other use of the article, please contact the Plannin
Commissioners Journal
PlannersWeb
ww:planncrsweb:coin
PLANNING COMMISSIONERS JOURNAL
http //www plannersweb com/articles/wid060 html
6/4/2003
what is spot zoning?
Page 1 of 3
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11111111.1
WHAT IS SPOT ZONING?
Spot zoning occurs when a small area of land or section in an existing neighborhood is
singled out and placed in a different zone from that of nei hbonn g property For example,
a park or school might be allowed in a stnctly residential area if it serves a useful purpose
to the neighborhood residents
In some areas of the country the courts have found spot zoning illegal on the ground that it
is incompatible with the existing land use -zoning plan or in an overall zoning scheme for
the community Whether the exception carved out is reasonable and supported by the
facts, often turns on public interest, the effect the spot zoning has on the current uses of
neighboring properties, and any ramifications created by the zoning
leis Question -> WHAT IS SpnT ZnyING?
-> WHAT IS CONTRACT ZONING?
— > WHAT IS DOWN ZONING?
—> WHAT IS ESTHETIC ZONING?
— > WHAT IS A SUBDIVISION?
—> WHAT IS BUFFER ZONING?
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http //www real -estate -law freeadvice com/zomng/spot_zoning htm
6/4/2003
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