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Home My WebLink About2003-09-08 CPC Packetw ater � THE BIRTHPLACE OF MINNESOTA CITY OF STILLWATER PLANNING COMMISSION NOTICE OF MEETING The City of Stillwater Planning Commission will meet on Monday, September 8, 2003, at 7 p m in the Council Chambers of Stillwater City Hall, 216 North Fourth Street Approval of Minutes of August 11, 2003 AGENDA 1 Case No V/03-77 A variance to the side yard setback (10 feet required, 6 5 feet requested) for the construction of an addition to an existing residence located at 125 Northland Avenue in the RA, Single Family Residential District John R Melville, applicant 2 Case No V/SUP/03-79 A variance to the parking regulations and a special use permit for restaurant use with outside seating located at 324 South Main Street (Grand Garage) in the CBD, Central Business District Jim Kellison, applicant 3 Case No V/03-81 A variance to the north side yard setback (20 feet required, 10 feet requested), a variance south side yard setback (20 feet required, 18 feet requested), a variance to rear yard setback (east) (25 feet required, 18 feet requested) a variance to the parking stall size (9 x 18 required, 8 5 x 18 requested), a variance tot he parking regulations (75 parking spaces required, 56 parking spaces requested) and a variance to the off street loading regulations size and location for the expansion and renovation of the Carnegie City Library located at 223 North Fourth Street in the PA, Public Administration District John Mecum, Miller Dunwiddie Architecture, applicant 4 Case No V/03-82 A variance to the side (10 feet required, 2 feet requested) and rear yard setbacks (25 feet required, 2 feet requested) for the construction of a detached two -car garage located at 715 South 3`d Street in the RB, Two Family Residential District Mark and Nancy Feely, applicants Other Items CITY HALL 216 NORTH FOURTH STILLWATER, MINNESOTA 55082 PHONE 651-430-8800 City of Stillwater Planning Commission August 11, 2003 Present Russ Hultman, Chairperson, David Junker (7 50), David Middleton, David Peroceschi, Karl Ranum, Jerry Turnquist and Darwin Wald r Others Planner Sue Fitzgerald Absent Robert Gag and Paul Teske Mr Hultman called the meeting to order at 7 p in Mr Wald, seconded by Mr Turnquist, moved approval of the minutes of July 14, 2003, motion passed unanimously Case No SUP/03-66 A resubdivision to combine four lots into one lot of 10,647 square feet at 709 W Myrtle St in the RB, Two Family Residential District Nancy Green, applicant (Continued from July 14, 2003, meeting ) Ms Green was present She explained she was requesting the resubdivision in order to get the 10,000 square foot lot she needs in order to convert the existing house to a duplex Mr Ranum asked if variances were necessary Ms Fitzgerald said the existing house meets all setback requirements Mr Turnquist, seconded by Mr Wald, moved approval as conditioned Motion passed unammously Case No V/03-71 A variance to the accessory building regulations for construction of a 28x44 detached garage at 903 4th Ave S in the RB, Two Family Residential District Michael Singer and Penny Roberts, applicants The applicants were present Mr Singer explained their house has no basement Currently, they have to rent storage space The house is situated on a 2 9 acre parcel The proposed structure would not interfere with anyone's sight lines and the new structure would not be visible from the river, he said The only other option to get the storage space they need is to add a second story to the house, he said Mr Ranum said he was uncomfortable with the size of the requested building, suggesting approval might set a precedent for other applicants with large lots Mr Middleton said he felt there was a hardship to the applicants in that the house is built on rock and there is no basement Mr Middleton said there could easily be an additional garage on the property However, he too said he was uncomfortable with the size of the requested structure, inquiring as to whether the applicants might be able to live with a new structure the size of the existing garage — 24x28 �w City of Stillwater Planning Commission August 11, 2003 After discussion, Mr Middleton moved to deny the request It was noted that if the Commission denied the request, the applicants would have to reapply should they decide to revise the plans in the future The applicants than asked to amend the existing application, requesting approval of a 24x28 structure Mr Middleton moved to approve the amended request, as conditioned, with final plans to be submitted to staff for approval Mr Ranum seconded the motion, motion passed unanimously Case No V/03-72 A variance to the street side setback (30 feet required, 10' 6" requested) and the side yard setback (10 feet required, 9 feet requested) for the repair/replacement of the deck and garage wall at 715 N Fifth St in the RB, Two Family Residential District Jeff Soukup, representing Jerry Burnsoman, applicant Mr Soukup was present He explained the property was not properly graded under the existing deck creating a water problem in the basement The request is to excavate under the existing deck and pour a slab, with a roof over it, thus creating a storage room under the deck There would be no change in the footprint of the property, he said He assured Commissioners that the door on the proposed storage area would not be a garage type door Mr Ranum, seconded by Mr Wald, moved approval as conditioned Motion passed unanimously Case No V/03-73 A variance to the rear yard setback (25 feet required, 22 feet requested) for construction of a deck at 211 Boutwell Road in the RA, Single Family Residential District Scott Allaire, applicant The Allaires were present They explained the request is required in order to construct a 14x 14 deck No trees would be removed They said they had talked with, and received approval from, the neighborhood architectural committee, Mr Allaire said he would provide written documentation of that if necessary A resident of 301 Boutwell Road stated she was a part of the architectural committee and had never been approached She stated the Allaires had already received a 15-foot variance from the front yard setback She said the Allaires knew the neighborhood regulations when they purchased the property and could build a smaller deck, eliminating the need for a variance The Allaires stated they had never applied for a prior variance, if one was granted, it was granted to the builder, not them Ms Fitzgerald said the Allaires' house is 50 feet from the roadway The resident of 301 Boutwell stated the City owns 15 feet in front of the properties in the area, and houses are supposed to be set back 65 feet There was some discussion as to whether that setback was from the middle of the roadway or from the property line 0 City of Stillwater Planning Commission August 11, 2003 After discussion, Mr Ranum noted the Commission should not be involved in the internal procedures and neighborhood covenants He said from a visual inspeetion the house appears to meet the front yard setback requirement and the request would have minimal impact Mr Tumquist, seconded by Mr Ranum, moved approval as conditioned Motion passed unanimously Case No SUP/03-76 A special use permit for wall murals for Len's Grocery at 101 N Owens St in the RB, Two Family Residential District Kris Rumpsa, Kenya Designs, applicant Ms Rumpsa was present She stated she understood that due to the City's sign ordinance, the mural cannot use "Len's" on the east side of the building The mural(s) will have a community theme She provided a probable color scheme She said the request also includes a proposal to redo the existing front signage, with a wooden sign and goose -neck lighting, she said she is still trying to convince the business owner to go ahead with that part of the plan Ms Fitzgerald noted the plan had been approved by the Heritage Preservation Commission Mr Middleton moved approval as conditioned, with the additional condition that the mural/new front sign conform to all sign ordinances Mr Ranum seconded the motion Motion passed 5-1, with Mr Peroceschi voting no, saying he was uncomfortable with the proposed color scheme (Mr Junker was not present for this discussion/vote ) Case No SUBN/03-74 A variance to the lot size regulations (10,000 square feet required, 7,500 requested) for the subdivision of two standards lots into three substandard lots at 1502 and 1508 W Olive St in the RA, Single Family Residential District Jeff Melstrom and Tom Larson, applicants The applicants were present Mr Middleton briefly reviewed the previous discussion of this request, noting the Commission, after much discussion, was of the opinion it would be better to grant this variance than to spot zone or rezone an entire area, he noted there are a number of substandard lots in the vicinity Mr Ranum asked abut runoff issues, it was noted those issues would be addressed when building permits are requested Mr Ranum also asked about setback issues Ms Fitzgerald noted the required front yard setback is the same for 10,000-square-foot lots and 7,500-square-foot lots, the side yard setback for properties of 7,500 square feet is 10 percent of the property's square footage Mr Middleton moved approval of the subdivision/vanance Mr Turriquist seconded the motion, motion unanimously 3 City of Stillwater Planning Commission August 11, 2003 Case No PUD/03-75 Final PUD approval for Phase I of Terra Springs Development, including Site 1 (Building I) and Site 2 (Building 2) containing 18 and 40 residential units, respectively, at 608 N Main St in the CBD, Central Business District Terra Springs, LLC, applicant Present were Brian Sweeney of Frauenshuh Sweeney, developers, and Jack Buxell, architect Also present were Suki Thomsen and Larry Lappi, residents of North Broadway Mr Sweeney said they are basically on track, with buildings 1 and 2 in the working phase and building 4 in the design phase Plans have been reviewed by the Heritage Preservation Commission, and the developer is working with a subcommittee of the HPC on details for an interpretive trail on the site, as well as a possible interpretive center at the archeologically significant area Mr Buxell reviewed site plans and elevations Building 1 will include retail space He said on - site parking, 513 total spaces, should be adequate to meet the needs of the retail space on a daily basis In addition to parking, he reviewed the proposed five levels of lighting, including low wattage enhancement lighting of the wall The wall lighting will be cut off at the top of the wall, and the light source will not be visible, he said Mr Buxell also reviewed plans for placement of building mechanicals On Building 1, some units will be placed behind the roof parapet and some will be on the ground, all will be screened from view However, due to height issues, some of the units on Building 2 can't be completely hidden from view Mr Ranum began the discussion by saying he was concerned about the proposed lighting, especially the "ambiance" issues Mr Peroceschi asked if that lighting could be placed on a timer, with a 10 or 11 p in shut off time Mr Buxell again assured Commissioners that the light source would not be visible and with 100 or 60 watt fixtures would not "shine in the face" of nearby residents Ms Thomsen asked why the lighting could not be turned off at 11 p in if it's just for ambiance Mr Buxell responded that the lighting is not just for ambiance, it's also for security reasons He said cut-off fixtures would be used "We're trying to be very careful," he said Mr Ranum suggested having lighting reviewed upon complaint Ms Thomsen and Mr Lappi said they liked have the option of revisiting the issue if there is a problem, even if the problem is just one or two lights Ms Thomsen said height is her biggest concern Mr Lappi asked about the actual height of Building 1 Mr Buxell said it is about 47' from the terrace elevation to the peak of the roof, 61' feet to the top of the tower element Ordinance is 50' from grade level to the mid -grade of a pitched roof, he noted 4 City of Stillwater Planning Commission August 11, 2003 Much of the discussion centered on the mechanicals on Building 2 Ms Fitzgerald noted the roof top mechanicals are of concern to staff Mr Sweeney said flat roofs had been considered However, he said that option was dismissed due to aesthetics There was discussion of several possibilities of screening the mechanicals — pushing the recess back, covering the units with arbors or other screening materials Ms Thomsen said the mechanicals will be visible no matter what is done with screening As long as the units are painted to match the building, that is not an issue with her, she said Noise and lighting are issues, she stated Mr Middleton suggested changing condition of approval No 1 to include that the roof top mechanical equipment be enclosed or screened from public view with louvers/arbors as approved by staff, as well as not audible from surrounding areas Mr Ranum suggested adding a fifth condition of approval — that lighting issues be reviewed in a year and annually after occupancy Later that was changed to review one year after occupancy and upon complaint thereafter Mr Middleton moved approved with the revised conditions Mr Wald seconded the motion, motion passed unanimously Other business Mr Ranum, seconded by Mr Middleton, moved approval of a correction of the April 14, 2003, minutes as requested by City Clerk Diane Ward, motion passed unanimously Mr Hultman announced his resignation from the Commission, effective immediately, due to a move The Commission accepted his resignation with regret On a motion by Mr Middleton, the meeting was adjourned at 9 p in Respectfully submitted, Sharon Baker Recording Secretary 5 PLANNING APPLICATION REVIEW FORM CASE NO V103-77 Planning Commission Date September 8, 2003 Project Location 125 Northland Avenue Comprehensive Plan District Single Family Residential Zoning District RA Applicants Name John Melville Type of Application Variance Project Description A Variance to the side yard setback (10 feet required, 6 5 feet requested) for the construction of an addition to an existing residence Discussion The applicant is requesting a Variance to the side yard setback to construct an addition to the house The addition would extend 3 % feet into the required 10- foot side yard setback There is a large in ground swimming pool directly behind the house preventing a rear addition Attached is a letter from the applicant stating that "the pool essentially causes space problems and a hindrance, and in order to achieve our desired results, we need to use part of the side setback of 10-feet ° Recommendation Denial Conditions of Approval Should the Commission grant the Variance request, staff suggests the following conditions of approval 1 The addition shall be similar in architectural style, color and materials as the existing 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 variance, if granted, would not constitute a special privilege of the recipient not enjoyed by his neighbors „e 1 ,� g ' 3 V i a / , g i L 6iu g -A +dA`i e n • 36 f imtq�, , .� ,� Hwy 25-1 I 2 �\g PEE `6e e°` r ► �' � n W Rrow a,9v I 3 ti3 3p ZD to nn+ nsr s \ � •`\ SCR o a �� T31N T311I se nMu VON 90 I \ N 2 3 9 r,r, rr, ye` �A 31 2 �' s G d P—W I,w Brow OM (P M 'dm) N - SO¢ U 3 ,00 O 4 - p `e 5 �- Q113 / 9p 28 0, My E ,( O 8 1 N Om %�, ��, Vicinity Map 5au` ° „' p �70 1 WMI n y % ,Y G z \�� aBKegONpS �' IY N�`SpN p /10 3 b d �,�+ ► µM .. r e,a G NE�S�N � O fl 7 039) 6 r ov %SOS�1 4#. ,z 34 01 p 158 33 �4 w� - Scale in Feet �� 32 22 011 4 , 23� 22 ie 2 e 31 8 30 21 � Ze � 10 1� � vee 4-m 28 18 ' 18 j 1� I 12 _ 1717 /o g 13 - \ N is 2 16 14 �"'1 Z g S ELL W T S��EEj - 2 �.-��:.; 2 Location Map „ 3..., N gm......�.� 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/Sde Plan COMMUNITY DEVELOPMENT DEPARTMENT CITY OF STILLWATER 216 NORTH FOURTH STREET STILLWATER, MN 55082 PLANNING ADMINISTRATION V r STRATION APPLICATION FORM C O ACTION REQUESTED FEES Case No Date Filed Fee Paid Receipt No Special/Conditional Use Permit �Vanance,, 5D$50/200 �l6r _Resubdivision $100 _Subdivision* $100+50/ 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 materia, submitted in connection with any application All supporting submitted with application becomes the property of the City of Stillwater Sixteen (6) 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 or supporting material will dela application process PROPERTY IDENTIFICATION Address of Project 14f AiP�l1*0 JQ k{r, . Assessor's Parcel No Zoning District R Description of Project ,� (GEO Code) �M� lrF�,M rc�- f�ti . .r _ n . -- f � - - "I hereby state the foregoing statements and all data, information and evidence submitted herewith ►r respects, to the best of my knowledge and belief, to be true and correct I further certify I will comply the permit if it is granted and used " Property Owner�(� 2_ Mailing Address_ City - State - Zip t5r, I n�cD Telephone N 6 1 .t s� k{�'1-� ri "C �pSl 1O -C9 �, i o Signature 4(SWiganature Is required) Representative Mailing Address City - State - Zip Telephone No Signature (Signature is required) Lot Size (dimensions) 2C X 8 SITE AND PROJECT DESCRIPTION (Fol*cb) Land Area Total Building floor area i- square feet Height of Buildings Stories Feet Existing 3square feet Principal � Proposed LO7::� square feet Accessory Paved Impervious Area � square eet No of off-street parking spaces 1 H ImcnamarAshedalPLANAPP FRM April 12 2002 a w 0 / INTERLACHEN DRIVE 70 30 +.lm �00 am ea 3 mA) p 22 2_ Z=Location Map] - a 14 OUTLOT A� 29470.20d2.OM2 a 2"" a ms x ea+ � 'moo 10X\ 12 RAW R71)w R19W T,: n2N T7IN T71N T3 N TO 71m Tm 7,w T23N rnN I T27N R_W R_Iw R2Dw Vicinity Map 0 170 Scale in Feet n. e.+9 ur�wa ®pm .anowe.�are �a.wn i.pe.sbgYms n..to �uome r.ev�e.a wpr ¢amo Karen and I have lived at 125 Northland Ave since 1986 buying it from Herb/Jill Tousley, who had put in a swimming pool at some time prior While our home square footage is adequate in most regards, we've always wanted to put in a large great room and sun room combination, expanded from our current small family room This fall is to be that time Upon drawing it up we realized just how small it would be, or unusual shape it Would be, given the swimming pool that was put in by the prior owner We've plotted it in as close as we safely dare to the swimming pool but the pool was put close to the house and centered along the back 52 feet of the house As you will see from the submitted drawing, the pool essentially causes space problems and a hinderance, and in order to achieve our desired results we need to use part of the side setback of 10 feet We are asking to use 3-1/2 feet of the 10 foot setback for a 19 foot distance (67 sq ft) Our property is well shrouded in trees - averaging 20-40 feet tall - blue spruce, poplar, maple, white pine flowering crab, locust, amber maple - all in the back yard area The point is that any addition will be well screened from neighbors - from a sight viewpoint We have reviewed the plans with the immediately impacted neighbor, Cliff Schroeder, and he said there was not a problem as far as he is concerned Included in this email is a note of support from Mr Schroeder for your records We would appreciate your consideration and that of the review commission Please don't hesitate calling if questions anse Also we would attend any hearing as necessary Mr Schroeder has said he too would attend if the caty desires Regards, Karen and John Melville -125 Northland Ave Letter of support from Mr Cliff Schroeder --- Original Message From Cliff To irmei _comcast net Sent Tuesday, August 12, 2003 8 01 PM Subject Melvdlle Addition John This will confirm that we have had numerous discussions and a review of your plans for an addition Be my guest and GOOD LUCK on your project There are no reservations on my part and I look forward to seeing the finished productil PLANNING APPLICATION REVIEW FORM CASE NO SUPN/03-79 Planning Commission Date September 8, 2003 Project Location 324 South Main Street Comprehensive Plan District Central Business District Zoning District CBD Applicants Name Jim Kellison Type of Application Varance and Special Use Permit Project Description A Variance to the parking regulations and a Special Use Permit for restaurant use with outside seating for Ironwood Grille Discussion The applicant is requesting a Variance to the parking regulations and a Special Use Permit for a 5600 square foot restaurant The restaurant will seat 184 people in the interior and 80 on a summer patio, with a fire pit Trash will be enclosed with a roof, it will be located by the parking in the southeastern area of the lot The parking ordinance states that there will be one parking spat( for every 100 square feet of restaurant area, this would calculate to the need for 56 parking space The parking spaces drawn on the attached plan show 2 handicapped and 4 parking spaces, totalin 6 spaces The applicant said they are exploring the possibility of valet parking If all approvals ar granted, the restaurant should be open in February 2004 Hours would be Sunday thru Thurs 7 am to 12 pm, Fri, & Sat 7 am to 1 am Recommendation Approval with conditions Conditions of Approval 1 Landscape plan and schedule shall be reviewed by staff 2 Sign package shall be submitted 3 The fire pit shall be 25 feet from the building as per fire chief 4 Employee parking permits shall be purchased from the City and provided to all employees Findings Special Use Permit The proposed use will not be injurious to the neighborhood or otherwise detrimental to the public welfare and will be in harmony with the general purpose of the zoning ordinance 1 That a hardship peculiar to the property, not created by any act of the owner, exists In this context, personnel financial difficulties, loss of prospective profits and neighboring violations are not hardships justifying a variance 2 That a variance is necessary for the preservation and enjoyment of substantial property rights possessed by other properties in the same district and in the same vicinity, and that a variance, if granted, would not constitute a special privilege of the recipient not enjoyed by his neighbors 3 That the authorizing of the variance will not be of substantial detriment to adjacent property and not materially impair the purpose and intent of this title or the public interest nor adversely affect the Comprehensive Plan Attachments Application Form/Site Plan/Elevation Drawings 08/21/2003 11 10 4308810 CITY OF STILLWATER PLANNING ADMINISTRATION APPLICATION FORM COMMUNITY DEVELOPMENT DEPARTMENT CITY OF STILLWATER 216 NORTH FOURTH STREET STILLWATER MN 55082 PAGE 01 Case No v - 7� Date Filed Fee Peid Receipt Noku- ACTION REQUESTED $ 5 a o — Special/Conditional Use Permit SOo-- _Variance Resubdivislon Subdivision' !Comprehensive Plan Amendmen' 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 (1 e, photos, sketches, etc) submitted with application becomes the property of the City of Stillwater Sixteen (16) cop/es of supporting material Is required If application Is submitted to the City CounE ,"Welve (12) copies of supporting material is required A site plan Is required with applications Any Incomplete appllcat/on c supporting material will delay the application process PROPERTY IDENTIFICATION Address of Project-31q S Mga (reel- Assessor's Parcel No rx` (GEO Code) Zoning District Description of Project 'I hereby state the foregoing statements and all data, information and evidence submitted herewith In i respects, to the best of my knowledge and belief, to be true and correct I further certify I will comply N the permit If it ►Vranted and used IF 2=c op Nieo meal R.�catf— Property Owner .1 o; LLC. Representative , Ll Mailing Addres�2y S. Mrt,n O5t.. City • State - Ztp2L'i111►1g1\ 5D$ Telephone No Ivy h �1�n�202a Mailing Address Wb_ Ik D&ha A City - State - ZipDGIA&P, l ai�51DA-- Telephone No -2 Signature Signature (Signature Is required) Signature Is re�uired) Vem(N I,.�o a -:>se, rnes 2- Ike Ii5DA SITE AND PROJECT DESCRIPTION S., Lot Size (dimensions) Db x �,�,(� Total guddtn floor area square feet Land Area. 3(��b�� Existing square feet Height of Buildings Stories Feet Proposedsquare feet ' Principal±- Paved Impervious Area5Msquare feet Accessory No of off-street parking spaces H \ MMff ara\sW13\PLAWP FRM May 1, 2003 mm 4 GRAND GARAGE L R16 9 Ad - ,PROPOSED R28 f E- TA INING WALL 4 k 2' TRASH ENCLOSURE LE IN FEET I INCH 10 FEET (22 34 .. SHEET) I INCH = 20 FEET (11 17" SHEET) - - -- ------ zn ?Wl 706." 0 STEP U. PW 704,7 a k vt I 7027 . T ()4 I t EXISTING BIT 4- 703- J>' rw 7o 7. o,, STEP t; 4- 10 STEP - - I 1019 1 cl _4.F)'q 14 02 t 71 0 ji -1ko 1 4 rA.. WA, 7"3 X'..... --rRA- % NOTE: ALL ELEVATIONS ARE GUTTERLINE 9 INDICATES ELEVATIONS ARE GU TTERLINE AND TOP OF CURB I'M U i' Cl Sep 5 2003 12 26PM No 8722 P 2/2 5 September 2003 Mr Steve Russell, Director Community Development 216 North Fourth Street Stillwater, MN 55082 RE Vanance Case No V/03-81 Stillwater Public Library 223 North Fourth Street Stillwater, MN 55082 MD #SPL0301 Dear Mr Russell, 123 North'thlyd St Suite 104 Minneapolis Mlnnesote S5401 tel 612 337 0000 fax 612 337 0031 vfAw milleidunwlddie com John D Mecum, AIA Direct Phone (612) 278-7780 I request that the City of Stillwater Planning Commission postpone for one month our zoning variance request for the Renovation and Expansion of the Stillwater Public Library, your Case No V/03-81 We make this request to provide additional time to resolve grading issues and to provide greater detail of on -site drainage and on -grade parking We will provide additional information per your submittal schedule for your October meeting Please contact me If you require further clarifications Sincerely MILLER DUNWIDDIE, INC jJdon D Mecum, AIA Vice President C File Stillwater Public Library Selected"ofthe Year 2001 By the Minnesota Chapter American Institute of Architects PLANNING APPLICATION REVIEW FORM CASE NO V/03-82 Planning Commission Date September 8, 2003 Project Location 715 South Third Street Comprehensive Plan District Two Family Residential Zoning District RB Applicants Name Mark and Nancy Feely Type of Application Variance Project Description Revised from agenda A Variance to the side yard setback (5 feet required, 2 feet requested) and rear yard setback (5 feet required, 2 feet requested) for the construction of a detached two -car garage Discussion The applicant is requesting a Variance to the side and rear yard setbacks to construct a 26 foot by 30 foot two -car garage There is an existing on 15 foot by 20 foot garage that is scheduled to be demolished There are some issues that could create a hardship in this instance First, the lot is large, 10,800 square feet, but the house was constructed in the middle of it, second, the north side of the house is only 14 feet from the property line and it is sloped with large trees on it The attached letter from the Building Official that was issued 4/1/02 applies to this case in terms of structure setbacks that are within three feet of a property line It is staffs recommendation the if a Variance is granted, the garage be constructed a minimum of 3 feet from the side and rear property Imes Recommendation Denial Conditions of Approval Should the Commission approve the Variance request, staff recommends the following conditions of approval 1 The accessory building shall be similar in architectural style, color and materials as 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 variance, if granted, would not constitute a special privilege of the recipient not enjoyed by his neighbors 3 That the authorizing of the variance will not be of substantial detriment to adjacent property and not materially impair the purpose and intent of this title or the public interest nor adversely affect the Comprehensive Plan Attachments Application Form/Letter from Applicant/Site Plan/Elevation Drawings PLANNING ADMINISI RATION APPLICATION FORM COMMUNITY DEVELOPMENT DEPARTMENT CITY OF STILLWATER 216 NORTH FOURTH STREET STILLWATER MN 55082 Case No V Q ,'&2 Date Filed a Fee Paid Receipt No ACTION REQUESTED Special/Conditional Use Permit —A,-_Vanance Resubdivision Subdivision* Comprehensive Plan AmendmE 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 supporting material will delay the application process PROPERTY IDENTIFICATION Address of Project / S 3rd .ga�bD%l10dSl Assessor's Parcel No Zoning District (GEO Code) Description of Project. lC%PCcI Z-("fir (,,�r�� "I hereby state the foregoing statements and all data, Information and evidence submitted herewith in respects, to the best of my knowledge and belief, to be true and correct I further certify I will comply i the permit if it is granted and used " Property Owner f S `Lln I Mailing Address 3tc� 6 � City - State - Zipl(,��pf, Mr7 5�(�g2. Telephone No - q 4" —d76 - to%1j Signature (Signature Is required) Representative Mailing Address City - State - Telephone re Is SITE AND PROJECT DESCRIPT N�M1 ;10 ��`� Lot Size (dimensions) _ x Total Budding oor square feet Land Area_ , o� Existing square feet Height of Buildings Stories Feet Proposed square feet Principal Paved Impervious Area square feet Accessory No of off-street parking spaces H \manamara\sheda\PLANAPP FRM Mav i_ 2nnA O / 12 \ate � 11 8 S S r 70 8 / 'oof am 45 g 7 \s5 ,a K 5 Yi REE Bo �(G 2 ' 1 � g 49 50 4 ti � 30 1 A 135 135 a Iss 1357 29 3 9 5 as 2�, 4 35 IS 9 1— 135 5 3s A 25 Q in tss Q 24 7 9 115 in 21_ 8 Q +ss 1ss 22 9 e as in in in tf A + 135 1 9 1 1 EAST WILLARD STREET 60 1 8 30 Iss 135 9 2 9 �" 2 6-1 135 135 9 29 v 3 w w INZ 3-82 F P3 01 v 5 2�1 Iss Q 24 Iss 7 _ Y3 fnu Q Iss 9 H22 139 35 Q+ ss1 9 i 35 it 2jbo.n 1Qv A Q it 0 2In H 19 0 4 91 r r `y0 7,eu P� 00 10 9 , e — 7 \5Q 'j—. ss 29 135 24 Iss 23 Iss 22 � 9 �s1 1v 13ou+ 9 �1 in w A 15 13 9 15 �win135 4 A - 7 14 ' 9 w B 1 15 Q o v 135 16 +ss 15 +ss 135 1B Us rCHLURCHILL o m EAS so 28 , 1 Q 6— 0-1 9 n5 6 0 6 0 2y,m, 9 135 „ 9 135 2$>e1 9 135 Q 2�1 12 p as__ as 2�mq 133 2 9 1ss 9 2� a1 Iss Q 26 3,°'S' 9 as as Q 6#.n 133 pain 9 133 Q .1 135 25 Q V..1 4 9 135 as Q 25 Iss 4 R Q 25 135 Iss Q 9 2j_1 %,.1 y in in Q 2Jmn It Iss ®1 Q w Q 24 135 29 iw 1 9 in R 23 �' 9 Iss 9 a1 Iss m1 135 Location Ma 7 ' 9 13a 94 � 7 9 14w Q in 1Irk. a Iss n 01 R_IW R30W R19W T12N= n1N T31 131N you.,55+mm 77@1 71w T29N T=4 rsu r•7es — R_W R_IW R20W Vicinity Map —mac. 0 163 Scale in Feet �—v dr—r mws wlw nr'�m.wa w�G bu�ie b�� ..o-+ra.r�rlmwr ebR wwNr W - eww an.1�. �s s1w.In 1•nm ro ww.e .Mum MEMORANDUM r . TO Steve Russell, Community Development Direcfor FROM Cindy Slults, Building Official DATE Apnl 1, 2002 SUBJECT Variances Involving Building Code Issues Recently, there have been numerous variance requests for setbacks to property lines for residential construction of garages and living space The building code regulates how a building is constructed when wit-hin the allowed area specified The building code sees these issues as a fire/] i fe-safety issue for neighboring properties The attached table from the Uniform Building Code lists, by occupancy, the proximity to a property line with allowable openings and type of wall construction For example, if you look under the R-3 (residential living space) or the U-1 category (private garages), openings are not permitted when the building is within three feet of the property line This means that these variance requests for one to three feet from the property fines cannot have any windows or doors in the affected wall and the walls must be constructed to the hourly rating as specified under the "beanng" and "nonbearing" columns, which essentially increase the cost of construction Basically, a one -hour wall consists of 5/8" fire resistant sheetrock, taped, or other approved materials to be determined by the Budding Official I believe the Planning Commission should have this basic knowledge of how the variances, if granted, are affected by the building code Property owners often assume that they can build a "typical" garage and are surprised by the increased costs involved when a variance is granted close to a property line I will be at the April 8'h meeting to answer any questions the may arise PLANNING COMNUSSION We, Mark and Nancy Feely have lived in our current home at, 715 South 3rd St , for the past 27 years We are planning to build a new two car garage, 26ft wide to 30ft long, to replace the existing one car garage The old garage, built in 1940, can only be used for storage Reasons for new garage 1 Old garage only handles storage 2 Street is very busy, snow emergency street and need to help keep cars off street 3 Protection of cars from natural elements Reasons for easement 1 Need to build new garage 2& off back yard and side yard boundary line Present garage is on 2ft boundary line on south side of boundary 2 Need to build 2ft off back boundary or East side to allow for car to be able to get around S.E. comer of house and to be able to get m door #1 of 2 doors 3 Need to build 2ft off off side boundary or South side to keep garage far enough from house as to be able to drive car around S E corner of house and be able to get in door #lof 2 doors. Thank you for your time. Sincerely, Mark and Nancy Feely 715 South Td St. Stillwater, Mn. 55092 #651439-3991 'J, i �45_. SteI3�� STree N Ivas ---_-- I i I C I ' to , A � Page 1 of 1 ATTW ,l: ~ 2W I ` ; y �r 000� �aae 000ns� F- noms w m ( I &MV. 1 It O ro(soraww asnoMs -Z-� c� CROSS-SECTION (2) FULL -iron S tLV. PWWJNQ LjThis garage was designer! specifically for the new large S.U.V. (sport utility �- vehicle) dimensions. with extra wall height and oversized garage doors. -- Also, rite drawings are set to a depth L V x r GARAM WOWS dimension of 26'. but allow adjusting to any dimension between 20' and 34' FLOOR PLAN 2 x •1 framed walls and truss framed roof assure economical construction- WDT BV� u � ■ It 26' PLAN K0. 30 �Q� DERTIt ' (VARIABLE) 676- Q VeV' / ROM}E:04P.4 Q FLOOR AREA � n IT I,., 0% http://www.behmdesign.com/garageplans/676-8.jpg 6/16/2003 v vCD U') ILIw RWw R19W T121 TJ3M T31N 'DIN29 T�N � �� T9N T"N rev T7& 1 TT N '177N R_W R_IW mw CD Vicinity Map 3 0 34 25 ter � o THE BIRTHPLACE OF MINNESOTA Notice A special expansion area traffic study meeting will be held Wednesday, September 24, 2003 at 7 p m in the City of Stillwater, Council Chambers, 216 North Fourth Street The purpose of the meeting is to review existing traffic conditions in the study area bounded by TH 36, CR 15, TH 96 and the City of Stillwater including Neal Avenue, Deerpath and Boutwell Area Plan area You are invited to hear the presentation and discuss the current and future traffic situation If you have questions regarding the meeting, call Steve Russell, Community Development Director, at 651-430-8821 CITY HALL 216 NORTH FOURTH STILLWATER, MINNESOTA 55082 PHONE 651-430-8800