HomeMy WebLinkAbout2004-09-13 CPC Packet111water
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THE BIRTHPLACE OF MINNESOTA
CITY OF STILLWATER
PLANNING COMMISSION
NOTICE OF MEETING
The City of Stillwater Planning Commission will meet on Monday, September 13, 2004, at 7 p m in the Council
Chambers of Stillwater City Hall, 216 North Fourth Street
Approval of Minutes of August 9, 2004
AGENDA
1 Case No SUP/04-77 A special use permit for a Type III home occupation permit for a consulting law
practice located at 1213-1/2 Fifth Avenue South in the RB, Two Family Residential District Karl Ranum,
applicant
2 Case No V/04-78 A variance to the street side yard setback (corner lot) (30 feet required, 2 feet
requested) for the replacement and expansion of a deck located at 937 4th Avenue South in the RB, Two
Family Residential District William and Susan Funari, applicants
3 Case No V/04-79 A modification to a variance to the street setback (30 feet required, 13 ft 1 in
requested ) for the construction of a garage located at 1225 South 4th Street in the RB, Two Family
Residential District Gary Bagaas, applicant
4 Case No V/04-80 A variance to the lot size regulations (7,500 square feet required, 6,732 square feet
requested) for the construction of a residence with an attached garage located at 927 6th Avenue South in
the RB, Two Family Residential District Jennifer and Tom Grahek, applicants
5 Case No SUP/V/04-81 A special use permit for a temporary sales trailer causing a variance to parking
requirements for hardware store located at the corner of Mulberry and Main (225 North Main Street,
Stillwater Mills on Main) in the CBD, Central Business District Levern Stefan representing Four Star
Development, applicant
6 Case No SUP/04-82 A special use permit for the construction of two 1,968 square foot storage buildings
located at 1773 Industrial Blvd in the BP -I, Business Park Industrial District Joe Peltier, applicant
7 Case No PUD-F/V/04-84 Final PUD approval and variance to height (52 feet requested, 50 feet allowed)
for Building No 5 of Terra Springs Development containing 36 residential units located at 650 North Main
Street in the CBD, Central Business District Terra Springs, LLC, applicant
Other Items
-Update on The Lofts of Stillwater - Jack Buxell
CITY HALL 216 NORTH FOURTH STILLWATER, MINNESOTA 55082 PHONE 651 430-8800
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City of Stillwater
Planning Commission
August 9, 2004
Present Robert Gag, chair
Mike Dahlquist, David Junker, Dave Middleton, David Peroceschi,
Karl Ranum, Paul Teske and Jerry Turnquist
Others Community Development Director Steve Russell
Absent Darwin Wald
Mr Gag called the meeting to order at 7 p m
Approval of minutes Mr Teske, seconded by Mr Middleton, moved to approve the
minutes of July 12, 2004, motion passed unanimously
Case No V/04-54 A vanance to the street side yard setbacks (30 feet required, 5'6" and
2' requested) for construction of a detached garage at 628 S Third St in the RB, Two
Family Residential Distnct Kenneth and Joan Fixmer, applicants
Kenneth Fixmer and his son, Don, reviewed the request The Fixmers stated that since the
discussion at the July meeting, the orientation of the garage has been changed so access is
from the north Mr Junker noted that the change eliminates the previous concern about
parking on the sidewalk
Mr Turnquist moved approval as conditioned, Mr Teske seconded the motion There
was some discussion about restoring the curb where the former dnveway was located
Mr Fixmer questioned whether that was his responsibility, he also stated he had been
told the city plans to redo the street in the near future Mr Peroceschi suggested adding a
condition that the applicant be required to remove the asphalt between the curb and
sidewalk at the location of the former garage Mr Turnquist and Mr Teske agreed to the
additional condition Motion with the additional condition passed unanimously
Case No V/04-64 A variance to the natural area setback requirement (50 feet required)
for construction of a pool at 3521 Eben Way in the TR, Traditional Residential Distract
Shelly Tompkins, representing Jim and Sarah Parks
Jim and Sarah Parks appeared before the Commission They provided a written
chronology of events that included receiving approval of the Liberty architectural review
committee and issuance of a building permit and construction of the pool before being
notified the pool did not meet the setback requirements They stated there were unaware
there was a conservation setback when they purchased the property in 1999 and stated
they had tned to comply with all city requirements
1
City of Stillwater
Planning Commission
August 9, 2004
Mr Teske said it appears the applicants made every effort to do the nght thing, but there
were some "miss -steps" on the part of the city He asked about the development's
architectural review committee process Mr Russell stated this was the first project the
committee had reviewed Previously, Mr Russell stated the city had a representative on
the committee, now the committee is composed of residents, with assistance from the
property management firm of Durand & Associates Mr Russell said in future, the city
needs to oversee the architectural committee's review Mr Teske suggested that should
be formalized as a policy
Mr Middleton suggested that a porch on a house adjacent to the Parks looks like it is
closer to the wetlands than the pool Mr Middleton moved approval as conditioned Mr
Teske seconded the motion
Mr Dahlquist pointed out that hardship in granting the variance can't be monetary, he
suggested this might be an issue for the Council to address Mr Turnquist said he was
concerned about setting a precedent in waiving wetland requirements
Motion to grant the variance as conditioned passed 6-2, with Mr Dahlquist and Mr
Turnquist voting no
Case No V/04-67 A variance to the front yard setback (30 feet required, 25 feet
requested) for construction of a deck at 1327 W Ramsey St in the RA, Single Family
Residential Distnct Cross River Builder, applicant
Tom Larson, homeowner, was present He stated he didn't think he needed a variance for
the deck since he already had been granted a front yard vanance for the house Mr
Peroceschi asked why the deck couldn't be moved back three feet as suggested by staff
Mr Larson stated that would create a problem with an existing patio door It was noted a
vanance would still be required if the deck was moved three feet Several members
suggested that the deck might look better squared off as the applicant was requesting
Mr Teske, seconded by Mr Peroceschi, moved approval as conditioned, motion passed
unanimously
Case No SV/04-68 A request to vacate the unopened portion of Third Street North
between Elm Street on the south (vacated) and Aspen Street on the north and that portion
of Third Street North abutting Blocks 4 and 5 of Carl' & Schulenberg's Addition Jessica
Lange and Josephine Kiel, petitioners
Sharon O'Flanagan, Coldwell Banker, was present representing petitioner Lange She
noted the area that is requested to be vacated is pnmanly a deep ravine She provided
photos of the area
2
City of Stillwater
Planning Commission
August 9, 2004
Speaking in opposition were Bob Lockyear, 1016 N Third St , Don Empson, 1206 N
Second St , Pat Sullivan, 921 N Fourth St , Bill Fermolz, 202 W Aspen St , and Adam
Rix, 924 N Fourth St
Mr Lockyear noted that the city had already vacation a portion of Elm Street at the
request of Ms Lange He suggested the portion of the street in question could be a cntical
connection in the city's trail system and spoke of the opportunity to preserve the space
for the future
Mr Empson, local histonan, provided a handout and spoke of the history of street
vacations He said ghost streets are dedicated to the public, and it must be a benefit to the
public for those streets to be vacated He, too, urged preserving the land for the future
Mr Junker questioned the viability of a trail use for that property He noted vacation
would not result in any property being landlocked and stated he would have no problem
vacating that portion of Third Street Mr Middleton referred to the City Engineer's letter
which recommends retaining the nght-of-way for drainage and utility easements but
which indicated there are no plans for future street improvements and which also speaks
to the difficulty of constructing a trail in that location
Mr Ranum pointed out that five years ago he would never have envisioned a trail in
Mulberry Ravine, a trail that is now a reality Mr Teske and Mr Dahlquist also spoke in
favor of retaining the land for possible future needs
Mr Junker moved to recommend approval of the street vacation, Mr Middleton
seconded the motion Motion failed 2-6, with Mr Junker and Mr Middleton voting in
favor
Case No SUP/04-69 A special use permit for a hot dog vending cart at 204 N Main St
in the CDB, Central Business Distnct Todd Romocky and Bev Kreger, applicants
The applicants were present Mr Middleton clanfied that there will be no seating outside
of the fenced area at the location It was noted the vending cart is a mobile cart and will
be taken from the site each night
Mr Peroceschi moved approval as conditioned, Mr Turnquist seconded the motion Mr
Ranum suggested adding a condition that there be no seating outside the fenced area or
on the sidewalks Mr Peroceschi did not feel that language was necessary
Mr Dahlquist asked about the vending license process Mr Russell stated the city does
not issue licenses However, he said the use will be reviewed by the Washington County
3
City of Stillwater
Planning Commission
August 9, 2004
Public Health Department Ms Kneger stated they have a license from the state
Department of Health Mr Dahlquist questioned whether the special use permit should be
issued for a specified amount of time Mr Russell stated that generally, such permits are
reviewed after one year and thereafter upon complaint Mr Ranum suggested adding the
annual review and upon complaint language as a condition of approval Mr Peroceschi
and Mr Turnquist agreed to that language Amended motion passed unanimously
Case No V/04-70 A vanance to the front yard setback (30 feet required, 27 feet
requested) for replacement of the roof at 123 Birchwood Dr in the RA, Single Family
Residential District Dianma and Gary Midbrod, applicants
Ms Midbrod explained that they plan to remodel their home The plans include replacing
the existing roof with a higher pitched roof to accommodate cathedral ceilings As
proposed, the new roof would encroach into the required setback and require a 16"
variance She stated the requested setback is consistent with other homes in the
neighborhood
Mr Turnquist, seconded by Mr Teske, moved approval as conditioned Motion passed
unanimously
Case No V/04-71 A variance to the rear yard setback (25 feet required, 19 feet
requested) for construction of an addition at 1966 Tuenge Dr in the RB, Two Family
Residential Distnct Mike Brabender, applicant
Mr Brabender was present He explained he wants to replace an existing deck with a
sunroom He said he had spoken with neighbors, none of whom objected to his plans
Speaking in favor of the plans were neighbors Cathy Tollerud, 1956 Tuenge Dr , and
Marlene Ritzer, 1976 Tuenge Dr
Mr Ranum questioned whether granting the vanance would be setting a precedent,
noting that both Ms Tollerud and Ms Ritzer said they would like to have similar
additions Mr Turnquist pointed out the precedent has already been set, as homes in the
second phase of the development were constructed with the sunrooms that Mr Brabender
is requesting to construct
Mr Ranum suggested that the hardship in granting the vanance is that the homes in the
second phase of the development include the requested addition
Mr Peroceschi, Mr Teske and Mr Dahlquist all expressed a concern about the loss of
open space in a planned development such as this
4
City of Stillwater
Planning Commission
August 9, 2004
Mr Turnquist moved approval as conditioned, Mr Middleton seconded the motion
Motion passed 5-3, with Mr Dahlquist, Mr Peroceschi and Mr Teske voting no
Case No V/04-72 This case was tabled
Case No V/04-73 A vanance to the front yard setback (30 feet required, 21 feet
requested) to construct an upper level deck on an existing residence at 1521 W Olive St
in the RA, Two Family Residential Distnct Kirk Roetman, applicant
Mr Roetman was present He noted his house is on a corner lot The back, with the deck,
will match the front in design
Mr Turnquist moved to approve the requested variance, Mr Dahlquist seconded the
motion Motion passed unanimously
Case No V/04-74 A variance to uses for office use at 901 Third St S in the RB, Two
Family Residential Distnct Mark Weyer, applicant
Mark Weyer was present He stated he has a purchase agreement to buy the property As
proposed, the building would house his insurance agency He said the use would not
generate a lot of traffic, with hours of 9-5, Monday through Friday He said any other
building tenant would be a similar use He noted that this building has always been a
commercial type use — grocery, union hall, and most recently, a church Six parking
spaces would be added at the rear of the building Plans also call for adding windows in
the building
Ellie Samuelson, 904 S Third St , said she has no objections to the insurance use but has
strong objections to the grocery store proposal (Case V/04-72)
Frank Nauss, 906 S Third St , also stated his objections to a grocery store He asked Mr
Weyer about plans for lighting Mr Weyer stated he has no plans for extenor lighting,
and stated the only signage would be window signage
Representatives of True Life Tabernacle Church, current owner of the property, Carol
Hargate, Terry Ritzer, and Pastor Don Hargate, spoke in favor of Mr Weyer's proposal
Ms Hargate said while the property is zoned residential, the probability of someone
constructing a home there is next to nothing She stated it would be a hardship to require
the church to find a residential buyer Pastor Hargate suggested Mr Weyer's proposed
use would be "less invasive" to the neighborhood than the church use
Commission discussion centered on the best use for the property and the history of the
parcel Mr Teske suggested the best use of the property — residential — is precluded
5
City of Stillwater
Planning Commission
August 9, 2004
because of what has happened to the property in the past He asked what would happen if
the requested vanance is not allowed Mr Ranum suggested that if the vanance is not
granted, the property will become an "unintended eyesore " Mr Ranum suggested the
hardship in this case is that the building was constructed at a time when there was no
zoning
Mr Teske made a motion to approve the variance as conditioned, Mr Ranum seconded
the motion Mr Junker expressed a concern about the possibility of a future expansion of
the office use by renting to additional tenants Mr Peroceschi also expressed a concern
that approval would amount to changing the use of that land forever Motion to approve
passed 6-2, with Mr Junker and Mr Peroceschi voting no
Case No SUP/04-75 A revision to a previously approved special use permit to add a
restroom facility for commercial use to an existing shed at 2103 Schulenberg Alley in the
RB, Two Family Residential Distnct Dan Challeen, applicant
Mr Challeen was present He expressed his appreciation to the City for the North Hill
project, which has extended water and sewer service to his neighborhood, prompting his
request to extend those services to the small shed he uses for workspace Two letters of
support were received from neighbors
Mr Teske, seconded by Mr Peroceschi, moved approval as conditioned Motion passed
unammously
Other items
1) Request to revise Legends of Stillwater development fencing requirements
Present for the discussion was Stacey Bjelland of Durand & Associates, Legends
property managers Ms Bjelland stated that in the onginal agreement only two styles of
fencing were allowed — white or maintained white She said the request is to expand the
approved styles to include iron or iron -looking, maintenance -free fencing She stated
Durand did not know that fencing was part of the onginal PUD, they thought that was
part of the neighborhood covenants She also stated that Durand would be happy to meet
with city staff to improve upon the architectural review committee process
Mr Ranum asked if there were homes out of compliance with the onginal fencing
requirements Ms Bjelland stated there were two That resulted in additional discussion
of the development architectural committee review process The discussion concluded
with Mr Russell commenting that in future the city won't rely on the property
management/architectural review committee, as it is the city's basic responsibility as
issuers of building permits Mr Ranum suggested that the city must make clear to the
property management firms that the city's permitting process must be followed in all
instances
6
City of Stillwater
Planning Commission
August 9, 2004
Mr Middleton moved to approve the requested changes to the fencing regulations for the
Legends development Mr Turnquist seconded the motion, motion passed unanimously
2) Review of RB, Duplex Residential, zoning regulations
Mr Russell stated the need to review/revise the duplex residential zoning regulations
came about due to the recent request to construct a 1,000-square-foot garage with
dwelling unit above Accessory dwelling units are limited to 800 square feet Mr Russell
also suggested the Commission might want to address the bed & room/vacation house
issue and some of the issues raised dunng recent B&B requests The zoning regulations
will be discussed further at the September meeting
3) Review of final recommended South Boutwell Area Plan
Copies of the amended plan were included in the agenda packet Mr Russell bnefly
reviewed final changes, including recommendation No 3 on page 10 He also stated
maps had been revised to include the conceptual Neal Avenue intersect at Northland
Avenue He asked members if the amended plan fairly represented the Commission's
position/concerns Members were in consensus that it did Mr Russell stated the
amended plan will be heard by the Joint Board on Aug 25 and will then go to the City
Council for final action
Mr Peroceschi, seconded by Mr Ranum, moved to adjourn at 9 40 p m Motion passed
unanimously
Respectfully submitted,
Sharon Baker
Recording Secretary
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This drawing is the result of a compilation
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The drawing should be used for reference
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responsible for any inaccuracies
Source Washington County Surveyor's Office
Phone (651) 430 6875
Parcel data based on AS400 information
current through July 31 2004
Map pnnted September 9 2004
This drawing is the result of a compilation
and reproduction of land records as they
appear in various Washington County offices
The drawing should be used for reference
purposes only Washington County is not
responsible for any inaccuracies
Source Washington County Surveyor's Office
Phone (651) 430 6875
Parcel data based on AS400 information
current through July 31 2004
Map printed September 9 2004
MEMORANDUM
To Planning Commission
Fr Sue Fitzgerald — Planner
Date September 13, 2004
Subject Case No SUP/04-77
This case has been continued to the October 11, 2004 Planning Commission Meeting
t
PLANNING APPLICATION REVIEW FORM
CASE NO V/04-78
Planning Commission Date September 13, 2004
Project Location 937 4th Avenue South
Comprehensive Plan District Two Family Residential
Zoning District RB
Applicants Name William and Susan Funan
Type of Application Variance
Project Description A vanance to the street side yard setback (corner lot) (30 feet required 4 feet
requested) for the replacement and expansion of a deck (Revised 9/8/04)
Discussion The applicant is requesting a vanance to the street side yard setback (corner lot) for the
replacement and expansion of a deck The old deck had to be removed to hook up to city sewer and at
that time they leaned that the footings to the deck did not meet code They also learned that the deck was
to close to the property line The house is one story with a walkout basement, the 10 foot by 14 foot deck
would extend off the first floor in the rear section of the property at street level and the land then slopes to
the east The demolished deck was almost to the property line Due to bowed windows, window
locations and existing doors, the applicant s can find no other place on the property to replace the deck
The proposed deck would not effect other neighbor's view of the nver, nor would it be a traffic hazard to
cars meeting on the corner
Recommendation Approval with conditions
Conditions of Approval
1 The deck shall be compatible in style and matenals to the house
2 Plans shall be reviewed and approved by the Building Official
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 vanance
2 That a vanance 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 authonzmg 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
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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
xx 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 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) ciopies of
supporting material is required A site plan is required with applications Any incomplete application
supporting material will delay the application process
PROPERTY IDENTIFICATION 34 030 20 22 0050
Address of Project 937 4th Avenue South
F 34030 20 22 0049
Assessor's Parcel No
Zoning District Description of Project Replace deck
(GEO Code)
"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 1 further certify I will comply w
the permit if it is granted and used "
Property Owner William & Susan Funari
Representative
Mailing Address 937 4th Avenue South Mailing Address
City - State - Zip Stillwater, MN 55082-5838
City - State - Zip
Telephone No 651-439-6247
Telephone No
Signature Signature
(Signature is required)
4t4 7 /1"�
(Signature is required)
Lot Size (dimensions) 66 x 132
Land Area 8712 sq ft
Height of Buildings Stories Feet
Principal One & walkout bsmt
Accessory /Dee fr) Pei-
Y-17 7-i
H \ma amara\sheda\PLANAPP FRM May 1, 2003
SITE AND PROJECT DESCRIPTION
Total Building floor area S0� WSJ square feet
Former Deck Octagon 180 squarefeet
Proposed Square 196 square feet
Paved Impervious Area n/A square feet
No of off-street parking spaces N/A
William and Susan Funan
937 4th Avenue South
Stillwater, MN 55082
August 26, 2004
Planning Commission
Community Development Department
City of Stillwater
216 North Fourth Street
Stillwater, MN 55082
Dear Stillwater Planning Commission
We request approval of our request for a vanance to rebuild a deck that had to
be torn down dunng our construction project (We learned the deck had to be
removed to hook up to city sewer and the footings did not meet code) We
learned a few years ago (from testimony of a neighbor at another neighbor's
variance request) that the deck was too close to the properly line so we had a
design developed to get the deck farther from the property line and address
problems we had with the old deck
Background - The house is one story with a walk out basement on the third
property back from the bluff over Highway 95 with some views of the nver and
Wisconsin bluffs over the roofs of neighbors houses and between houses when
not blocked by trees The house was built in 1964 or 1965 We made an
addition in approximately 1975 (extended the walk -out basement) and in
approximately T985 we put a top on the basement addition and added a deck
Our plans were reviewed by the city inspector and we made modifications as
requested, but the placement and construction of the deck was not questioned so
we had no idea it did not meet code until it was stated at the public hearing
The purpose of the current project was to build a proper foundation under the
porch and make it a four season porch, re -shingle the roof, repair the chimney,
hook up to city sewer, and replace windows that were installed when the house
was built These were all things that needed to be done as we prepare for
retirement in a few years The main project got done but in the process of getting
hooked up to the sewer we got some the unexpected surprises with the deck that
led to this request for a variance
There were problems with the original deck The stairs along side the wall
created a head -bumping situation because of the crank out windows and the
octagon shape, while nice to look at, was not practical for deck furniture We
decided to treat the deck replacement problem as an opportunity, make the
shape square, move the stairs away from the window, and move the entire deck
about two feet farther from our property line, thus improving in every way on what
we had, including coming closer to compliance with city code
We considered an alternative that would give us about the same square footage
six feet from the property line but the combination of rectangular configurations
put us back into the problem with the stairs by the south wall and added a
somewhat similar problem with the bow windows facing east (The crank out
windows, even when closed, intrude on the deck space) In addition, we would
not be able to see most of our back yard from the southeast windows Because
of the fairly steep drop in elevation, the deck never affected our neighbors' view
of the river from their house and because of the location in the yard there is no
traffic hazard because of visibility problems
Placement of the stairs is a particular problem because of the way the ground
drops The best way to deal with the problem it is to have the shortest possible
stairs which means having them go west from the west side of the deck, but this
time out away from the wall of the house The proposed placement of the deck
allows us to have a four -foot space between the house and deck so we eliminate
the problem with the window
Thank you for your consider ton,
�� r
Bill and Sue Funan
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To Planning Commission 1/1-
From Steve Russell, Community Development Director
Date September 9, 2004
Subject Modification to Previously Approved Variance for Garage Setback
Case No V/04-79
Background Previously, June 14, 2004, the Planning Commission approved a 7 foot
variance to street side yard setback for construction of a garage (see attached staff
report)
Recently, the applicant applied for a building permit and discovered that the parcel size
and street setback was less than what was shown on the original plan (the lot is 87 feet
wide rather than 100 feet) This results in a proposed setback of 11 feet, 1 inch rather
than the originally approved 23 feet
As shown on the revised plan, the existing garage (to be removed) is currently 13 feet,
1 inch from the property line The proposal is to move the 24 foot garage 2 feet closer
to the street away from the back 4-1/2 foot retaining wall
The proposed setback would not allow a car to be parked in the driveway in front of the
garage without overhanging the right of way If a sidewalk were constructed along the
street, it would typically be constructed along the right of way boundary
Recommendation Consideration of modified setback request
Attachments. Revised plan, August 31, 2004 and original staff report V/04-46
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PLANNING APPLICATION REVIEW FORM
CASE NO V/04-46
Planning Commission Date June 14, 2004
Project Location 1225 South Fourth Street
Comprehensive Plan District Single Family Residential
Zoning District RA
Applicants Name Gary Bagaas
Type of Application Variance
Project Description Request for street setback variance for 23 foot setback from
Marsh Street and for oversized accessory structure or second garage
Discussion The request is to remove an existing garage and reconstruct a new,
larger garage with a 23 foot setback, 30 feet required The 23 foot setback is similar to
the adjacent residence The 23 foot setback is adequate space to park a car in front of
the garage without blocking the right of way
A second variance is required to allow the existing storage building (old garage, 432
square feet) on the site, 120 square feet is maximum size building allowed The lot size
is large 14,000 square feet and the existing storage building is old and in character with
the neighborhood
Attachments Application
Conditions of Approval
1 The old garage shall be modified so it can not be used as a second garage
Recommendation Approval with conditions
CPC Action on 6/14/04 +6-0 approval
PLANNING ADMINISTb..-+TION 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
X . Variance
Resubdivision
Subdivision*
Comprehensive Plan Amendmen
Zoning Amendment*
Planning Unit Development *
Certificate of Compliance
The fees for requested action are attached to this apphcat,on
*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,cat,on All supporting material (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 material is required A site plan is required with applications Any incomplete application c
supporting material will delay the application process
PROPERTY IDENTIFICATION
Address of Project I ta5 S / Sf) Stir.
Zoning District R L Description of Project
Assessor's Parcel No R 33 020 20y IV Gc‹
(GEO Code)
okv-aye rep lore
"I hereby state the foregoing statements and all data, information and evidence submitted herewith in a
respects, to the best of my knowledge and belief, to be true and correct I further certify I will comply wi
the permit if it is granted and used "
Property Owner G Ar 89 acU Representative
Mailing Address I a. S S. '//J S Mailing Address
City - State - Zip //tiiG fie` 04 SSo o Z City - State - Zip
Telephone No (')'3o
Signature
(Signature isArequiled)
Lot Size (dimensions) LLOix /L W
Land Area /�/ ono s9 fz-
Height of Buildings Stories
Pnncipal 2
Accessory 1
Feet
2Q
0r
Telephone No
Signature
(Signature is required)
SITE AND PROJECT DESCRIPTION
Total Building floor area 3, ao d square feet
Existing 3, o c v square feet
Proposed s a me square feet
Paved Impervious Area — square feet
No of off-street parking spaces 2
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ORIGINAL
Vanance Application Summary
5/25/04
Simply put, the old garage (1920's vintage) is in disrepair and needs to come down A city building
official has been out to look at it, and agrees with our findmg The slab that it sits on would also need to
be removed, as it has shifted and cracked significantly over the years
Our property is located on the northeast corner of South 4th Street and Marsh Street Access to the garage
is a short driveway off of Marsh
Our plans are to replace it with one that would comphment the house and also make it a little larger to
accommodate today's vehicles The basic design would be a 24'x 24' structure, with one service door
and two fixed paneled windows for hght Like the ongmal, it would be a detached garage that would be
sided like the house and painted to match The existing asphalt dnveway would be replaced with concrete
to improve durability and appearance A detailed list of matenals and services are as follows
1 Concrete (footings, block to grade, slab, driveway and sidewalk to house)
2 Roofing (3 tab asphalt to match house, 6 12 pitch trusses)
3 Siding (cement siding)
4 Soffits (beadboard with contmuous ventmg)
5 Fascia (I x 6 cedar)
6 Extenor trim (Azek which is pamtable and will not decay)
7 Wmdows (Anderson fixed units with 6 glass panels, 29" x 42")
8 Service door (raised 6 panel steel with dead bolt and passage lock)
9 Overhead door with opener (raised panel steel)
10 Electncal (new power hookup, porcelain hght fixtures, 3 outlets mtenor/exterior)
11 Landscaping (repair grass)
The new design would enhance the beauty of the neighborhood by replacing the current "eye -sore" with
one that would compliment our home, as well as those adjacent to our property
The existing garage sits back 25ft from the street (Marsh Street), and the proposed one would have
a setback of 23ft , which is the reason for this variance request
The reason for the decreased dnveway length is to provide workspace behind the garage, to allow for the
installation and pamtmg of siding on the north side Also shiftmg it towards Marsh would move it away
from a 6ft drop-off that currently exists just behind it There is also another building (storage shed) that
nearly butts up behind it, leaving no room to shift to the north, away from Marsh Street, without tearing
down that building as well
To the east, there is 9ft between the current garage and the property hne, and that would not change with
the new design The increased width (2ft ) would be absorbed to the west Our neighbor to the east has
reviewed our proposal and fully agrees with our plans
We currently have a licensed contractor in place to do the work, and pending city approval, is scheduled
to begin the work on September 7, 2004
Signed
/ ervz____
Gary L Bagaas
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Dawn B Bagaas
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PLANNING APPLICATION REVIEW FORM
CASE NO V/04-80
Planning Commission Date September 13, 2004
Project Location 926 South Sixth Avenue
Comprehensive Plan District Two Family Residential
Zoning District RB
Applicants Name Jennifer and Tom Grahek
Type of Application Variance
Project Description A variance to the lot size regulation (7,500square feet required,
6,732 square feet requested) for the construction of a residence with an attached
garage
Discussion
The applicant is requesting a Variance to the lot size regulation of 7,500 square feet for
a single family residence in the RB zoning district This lot is a nonconforming lot size
of 6,732 square feet There was a house on this property The house had a fire in it
about a year ago and subsequently was demolished The house and attached garage
that are proposed to be constructed on this vacant lot would not require any Variances
to the building setback requirements The RB district allows a prevailing setback of the
house if the surrounding houses are closer than 30 feet to the front yard setback, but
not closer than 20 feet to the front property line
Recommendation Approval with conditions
Conditions of Approval
1 Utility easements shall be provided
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/Statement from Applicant/Site Plan
PLANNING ADMINISTRATION APPLICATION FORM
COMMUNITY DEVELOPMENT DEPARTMENT
CITY OF STILLWATER
216 NORTH FOURTH STREET
STILLWATER MN 55082
Case No Y
Date Filed
Fee Paid
Receipt No
ACTION REQUESTED
0410
Special/Conditional Use Pern
X _ Variance
Resubdivision
Subdivision*
Comprehensive Plan Amend(
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 matey,
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 o
supporting material is required A site plan is required with applications Any incomplete applicati
supporting material will delay the application process
PROPERTY IDENTIFICATION
Address of Project 92-1 lot I.v E So Assessor's Parcel No 3 `I o 3 o a 0 b ; 03
(GEO Code)
Zoning District R Description of Project N e 1-t o ry\ e., Con St. r u Ct,
"I hereby state the foregoing statements and all data, information and evidence submitted herewith
respects, to the best of my knowledge and belief, to be true and correct I further certify I will comp!
the permit if it is granted and used "
Property Owner Sernn1-6e r Grake- k
Mailing Address 2.00G Oriole live N.
City - State - Zip S *PC Lwater- rah 65082-
Telephone No (51 ` 3 (o - SO(a(o
Signature yf, ,` AR • (�
(Signatu is required)
Lot Size (dimensions) 61x / 3 2,
Land Area (0>732 suer
Height of Buildings Stories
Principal 192-
Accessory
Feet
Z5'
Representative T v ry G R R
Mailing Address 2o0S 0210LE Ave iv
City - State - Zip 5T' L L w i4Tr 2 > Ain/ 5SG
Telephone No 661 80 !o(n
Signature / o'Yri ✓ k
(Signature is required)
SITE AND PROJECT DESCRIPTION
Total Building floor area square feE
Existing square feet
Proposed 18 7 ) square feet
Paved Impervious Area square feet
No of off-street parking spaces
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To City of Stillwater Planning Commission
Date August 27, 2004
Reason Vanance
From Jennifer Grahek
2005 Oriole Ave N
Stllwater, Mn 55082
Reference Lot address is 927 6th Ave So , Stillwater, Mn
This is a variance request for building a new home on a non -conforming lot
A previous house on this property burned down approximately one year ago
The proposed home design is a 1-1/2 story house, attached garage with a front
porch and that will fit the character of the neighborhood The porch has a
20-foot set back from the front of the lot and is in -line with other homes on
the street
Regards,
Jennifer Grahek
CPI
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93
PLANNING APPLICATION REVIEW FORM
CASE NO SUP/V/04-81
Planning Commission Date September 13, 2004
Project Location 225 Main Street North
Comprehensive Plan District Central Business District
Zoning District CBD
Applicants Name Vern Stefan
Type of Application Special Use Permit and Variance
Project Description The request is to use an existing hardware store, U-Haul parking lot
for a temporary sales trailer for The Mills on Main residential development
Discussion The request is to use a portion of an existing parking lot for location of a
temporary sales trailer for The Mills on Main project The trailer would occupy 6 parking
spaces Customer parking would take additional spaces The Mills on Main project is across
the street from the lot The existing parking lot is currently used for hardware store parking
(14 parking spaces) and rental trailer storage(10 trailers weekdays, 5 weekends) The
required parking for the existing U-Haul/hardware use is 24 spaces There are 25 spaces in
the lot According to a parking easement with Mainstream Development Partners (Mr
Stefan), the City has use of the parking lot during the evening and on weekends (parking
easement attached) This request requires a variance to allow the additional temporary sales
trailer use Landscaping between the parking lot, Mulberry, Main and Water Street has
previously been required and promised by the applicant without installation
The HPC reviewed the request for the trailer design at their September 8, 2004 meeting (staff
report and conditions attached) A condition of HPC approval is that the use be limited to
June 1, 2005 After that date, the sales center would move onto the development site in the
relocated residence
Recommendation Denial
Findings Parking lot is already committed to other required parking use
Note If this application is approved, all previously approved conditions of approval for the
lot resubdivision, hardware store use and U-Haul parking shall be met regarding public shared
use of parking lot, U-Haul parking and parking lot landscaping shall be met before a building
permit for a sales trailer is approved
Attachments Application
27/2004 09 32 6514308810
CITY OF STILLWATER PAGE 02/03
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
*An escrow fee is also required to offset the costs of attorney and englneenng fees The fees for requested
action are attached to this application
The applicants 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) copies of supporting material Is required If appbcat,on
is submitted to the City Council, twelve (12) copies of supporting material is required A site plan showing drainage
and setbacks is required with applications Any incomplete application or supporting material will delay the
application process
After Planning Commission approvals, there Is a 10-day appeal period Once the 10-day appeal period has
ended, the applicant will receive a zoning use permft which must be signed and submitted to the Clty to obtain the
required building permits
PROPERTY IDENTIFICATION
Address of Project 225 MAIN ST N Assessor's Parcel No R28 030 20 14 0069
(GEO Code)
Zoning District DT Descnption of Project TEMPORARY LQCATION OF SATES TRAILER RY
4STAR DEVELOPMENT
"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 1 further certify I will comply with the
permit If it Is granted and used "
Property Owner MAINSTREAM DEV PARTNERSHIP Representative
Mailing Address P 0 . BOX 610
City - State - Zip
Telephone N
Signa
STILLWATER MN
55082
651-439-8088
Lot Size (dimensions) x
Land Area
SITE A
Height of Buildings Stories Feet
Principal
Accessory
D PROJECT D
LEVERN D STEFAN
Mailing Address P 0 . BOX 610
City - State - Zip STILLWATER MN 55082
Telephon= N. 651�-43�9Q.508
Sign _ ureL! F ;- J i7 i4F 4_�/ ._
-r�� atT� i F ed
RIPTI 'N
Total Budding floor area square feet
Existing square feet
Proposed square feet
Paved Impervious Area square feet
No of off-street parking spaces
H \manamara\sheIR wukrukrr HAM Time August Li, 2U
53AM
Aug SeP 1 2004 4 53PM
08/31/2064 01 8b 4065821690
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STEFANASSOCIATES
No 8438 P 2p 1
PAGE 31
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C & 8 CUSTOM MODULAR
2224 BLOOMINGDALE DRIVE
EPISTOL, INDIANA 46507
(874) 848-7300
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DATE. 02/13/03 I 5
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TIRE SATELLITE SHELTERS
1248 DESIGNER (11 -9" X 44 -0 )
APPR�HED
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0RANP G N
03-81 1 I V
Memo
To Planning Commission
From Steve Russell, Community Development Director f---
Date May 7, 2004
Subject Review of Special Use Permit and Use of Maple Island Hardware
Parking Lot
At your Planning Commission meeting of April 12, 2004, the Commission requested
information to review the use of the Maple Island parking lot
In 2002, a special use permit was issued for an outside U-Haul trailer and van rental
business The staff report including approved conditions of approval are attached
In relations to use of the parking lot, the parking lot property owner entered into an
agreement with the City in 1996 As a condition of the City trading a strip of city
owned land, the property owner made available the parking lot for public use at certain
after hours and weekend times
A review of the site today, Friday, May 7, 2004, indicated 15 U-Haul vehicles and
trailers parked on the site
Attachments Staff report and conditions of approval for SUP/02-85 and staff report
and parking lease agreement (1996)
LA1-s1ING APPLICATION REVIEW FGr1M
CASE NO SUP/02-85
Planning Commission Date. December 9, 2002
Project Location 227 North Main Street
Comprehensive Plan District Central Business District
Zoning District. CBD
Applicant's Name' Vern Stefan Type of Application Special Use Permit
Project Description A special use permit to conduct an outside U-Haul trailer and van rental
business
Discussion The applicant is requesting a special use permit for a U-Haul business located in the
Maple Island Hardware Store parking lot Ten stalls in the northeast corner of the Maple Island
Hardware parking lot have been designated to park the trailers and vans There are 25 parking
spaces on the north side of the hardware store and 5 stalls on east side of the building The parking
ordinance states that for retail businesses there will be one parking space for each 200 feet of gross
floor area of the business The applicant states that hardware store has 2,850 square feet of gross
area, needing 14 parking spaces, according to the ordinance This leaves 11 more spaces, enough to
park 10 trailers and vans The parking lot should have some screening according to the design
guidelines for that zoning district Attached is a Landscape Plan that was submitted to the City
January 1998 by the applicant This project was reviewed for downtown design requirements at the
Heritage Preservation Commission meeting on December 2, 2002 It was HPC's recommendation
that some kind of three foot high screening be required around the parking lot perimeter, to be
installed by June 31, 2003 The applicant agreed to the date and to plant a continuous row of
shrubs around the parking lot perimeter There will be no signage for the business, the trailers and
vans have signage on them There will be no more lighting in the parking lot
Recommendation' Approval as conditioned
Conditions of Approval
1 No more than 10 rental units shall be parked on the site at one time
2 Landscaping around U-Haul parking lot to be completed by 6/30/03 with trees emphasis around
rental site
3 No additional signage
4 All revisions to the approved plan shall be reviewed and approved by the Community
Development Director
5 Over weekends, no more than five (5) rental units shall be stored on north parking lot
Findings The proposed use will not be injurious to the neighborhood or otherwise detrimental to
the public welfare and will be in harmony with the general purpose of the zoning ordinance
Attachments Application form, letter and site plan
HPC Action. 12/02/02 Approval 6-0 with conditions
CPC Action on 12/9/02• +8-0 approval
;MAIM •• I
11wIlla 1fn-KrIQn3-m 009
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CITY OF STILLWATER
SECOND NOTiti -3R1GINAL
Case No SUP/02-85
Permit Fee $150
Date Fee Paid 11/21/02
ZONING USE PERMIT
Certificate of Compliance Rezoning Sign
X Special Use Permit Variance Conditional Use Amended
Planned Unit Development Grading Other
Applicant MDP, LLC - Leverne Stefan
Address 227 Main Street North
City/State/Zip Code Stillwater MN 55082
Property Description
Zone District CBD, Central Business District
Permitted Use A special use permit to conduct an outside U-Haul Trailer and van rental business
Conditions of Approval
1 No more than 10 rental units shall be parked on the site at one time
2 Landscaping around U-Haul parking lot to be completed by 6/30/03 with trees emphasis around rental site
3 No additional signage
4 All revisions to the approved plan shall be reviewed and approved by the Community Development
Director
5 Over weekends, no more than five (5) rental units shall be stored on north parking lot
We a
re
itions of this permit We understand that any changes from these plans must be
proval
Date
presentative
Community Development Director
J -03
Date
MEMORANDUM
TO Mayor and City Council
FR Steve Russell, Community Development Director /L-
DA November 20, 1996
RE OLD MAPLE ISLAND PLANT DEVELOPMENT
Main Stream Development Partnership has a contract to purchase the Maple Island
Plant from Maple Island Inc The redevelopment strategy for the plant is to subdivide
the building into four (4) lots (three with building and one parking) and to sell two of the
four Tots to other entities for development (Phase I) The remaining lot (building) would
be redeveloped at some time in the future (Phase II)
In order to accommodate the initial sale of Lots 1, 2 and 3, a 20 foot stnp of land the city
owns on the west side of Water Street must be incorporated into the subdivision This
20 foot strip was purchased as a part of the Burlington Northern land purchase in 1991
for purposes of assisting with the redevelopment of the Maple Island Plant
It is recommended that the city trade the strip of land to the developer for public use of
the 46 car parking lot (old Maple Island Plant lot directly south of Mulberry Street) when
the lot is not needed or used by Phase I businesses When Phase II proceeds, the city
can then determine what it will do with the remainder of the 20 foot strip of land
The developer's are interested in finding a grocery store for the Phase II site
Recommendation Direct staff to prepare an agreement to trade with the developer's
the entire 20 foot city strip of land for use of parking lot i 'when not needed by the
project
Lc
0._-,--5-9,L
3S--k7
PARKING EASEMENT
COp°
't-C) ► ba-C.SY /Yl
1-ac-
THIS INDENTURE made this day of December 1996 by and between MAINSTREAM
DEVELOPMENT PARTNERSHIP a Minnesota Partnership, ( Grantor) and the CITY OF
STILLWATER a Municipal Corporation of the State of Minnesota, ( City )
RECITALS
A Grantor is the owner of land (the Property ) located in the City of Stillwater County of
Washington State of Minnesota legally described as set forth on Exhibit A attached hereto
B The City desires to obtain an easement for public parking over a portion surface parking lot
on the part of the Property described in Exhibits A and B attached hereto (the Parking Area )
NOW, THEREFORE, in consideration of the mutual covenants contained herein Grantor grants
to the City
1 Non -Exclusive Possession of Parkine Area City shall have non-exclusive use of the parking
spaces located in the improved surface parking lot in the "Parking Area" between the hours of 6 00 p m
and 5 00 a m Monday through Friday, between the hours of 6 00 p m Saturday until 8 00 a m
Sunday after 3 30 p m on Sunday until 5 00 a m Monday and any National Holiday
At all other times exclusive use of the Parking Area is reserved in the Grantor
2 Use City is permitted to use the Parking Area for public parking and for law enforcement
purposes for the benefit of the Grantor and the Public subject to the following conditions
A Sienase The City must at its sole expense and subject to the approval of the
Grantor design and install signage that clearly identifies the Public Use Periods provided for by this
Easement
B Insurance City must maintain comprehensive liability insurance naming Grantor as
an Additional Insured in an amount equal to at least $600 000 00 per occurrence (combined single limits)
for the use of the Parking Area by the City and the Public
1
to
C Indemnity the City hereby indemnifies defends and saves Grantor and its
employees agents insurers, assigns, and affiliated partnerships and corporations harmless from and
against all claims actions costs (including without limitation reasonable attorney s fees and costs and
witnesses fees and costs) or damages of every kind and description (including without limitation claims
for property damage or personal injury) fees judgments expenses liabilities hens and suits known
or unknown liquidated or unliquidated which accrue to or are suffered by any person or property
resulting from acts or omissions of the Public and the City its employees agents and licensees in
connection with the use of the Parking Area
D Term This Easement and the rights and covenants contained herein is perpetual and
shall run with and bind the land
3 Notices Any notices relating to the Easement must be in writing and will be deemed
delivered when personally served or when sent by first class certified mail return receipt requested
served or addressed as follows
If to the City Steve Russell
City of Stillwater
216 North Fourth Street
Stillwater MN 55082
If to the Grantor
Mainstream Development Partnership
212 North Main Street
Stillwater, MN 55082
or to such other address as either party may designate
4 Governing Law This Easement will be governed by Minnesota Law
NIAISTi• AM DEV. 1P►, NT PARTNERSHIP
B
It
By
Its
2
CITY OF STILLW,ATE
J
ATTEST
Mayo
1.d, fin.-\
Morli Weldon Its Clerk
STATE OF MINNESOTA )
) ss
COUNTY OF WASHINGTON)
Subscribed and sworn to before me this l 5 tlxday of January 1997 by Leverne D Stefan
the Partner and by Amv Stefan the Partner
of Mainstream Development Partnership
Notary Public
STATE OF MINNESOTA )
) ss
COUNTY OF WASHINGTON)
Subscribed and sworn to before me this ,,,s3" day of January
Morli Weldon Clerk of the City of Stillwater
Instrument drafted by
David T Magnuson (06400)
Magnuson Law Finn
333 North Main Street
Suite 202
P 0 Box 438
Stillwater, MN 55082
612/439-9464
1997 by Jay L Kimble Mayor and
Ace_A__L.) kg- ZDat_C&_.
Notary Public
3
DIANE F WARD
NOTARY PUBLIC - MINNESOTA
WASHINGTON COUNTY
MY Corm. Expires Jen. 31 2000
Exhibit "B"
•
co(
HARDWARE PARKING
PARKING LOT
itt
mmooiigeromr-NinfrimasraTimr
l���!�*OP PEDESTRIAN�Ig �Ii it �, „r, `' WALKWAYIle
•
(IM DROF OFF _I11.4
HERITAGE PRESERVATION COMMISSION
APPLICATION DESIGN REVIEW FORM
CASE NO DR/04-56
Heritage Preservation Data. September 8, 2004
Project Location 227 Nor-t Main Street
Comprehensive Plan District Central Business District
Zoning District CBD
Applicant's Name L;verre D Stefan
Type of Application E es,cn Review
Project Description Des cn review of a sales trailer for 4 Star Development
Discussion
The applican is reques rig cesign review and approval of a sales trailer for 4 Star
Developmen Tor StIIIwc er ils condominiums The trailer is 42 feet long and is
painted dark Drown TI-e proosal is to place the trailer in northwest corner of the
parking lot a` s-homsea --larzYsare This would use six parking stalls that are required
parking for t e hardware store It is staffs recommendation that the trailer could be
place in an a ea that wcukk rot use required parking spaces for another business
.�a ci CAM I uottrr4 9t
Recomme tion
Denial
MIapI-t- JSLO
Conditions of Approval
Should the Commissio- aporove the request, staff suggests the following conditions of
approval
1 The oe.ner of the hardware store must park some of the U-Haul traders on the
east s de of the building or remove them from the site
VELere The applicant sl-,all work with the owner to landscape the north boulevard
3 Dates shall be secured for time of occupancy
4 Sign plan shall to reviewed and approved by the HPC
5 All revisions to the approved plan shall be reviewed and approved by the
Heritage Preservation Commission
Tyr .'rf - - U TN) 1, 5-
Attachments Application Form/Site Plan/Elevation
—1412.1u lr ' c- t -TO DO
± -
PLANNING APPLICATION REVIEW FORM
CASE NO SUP/04-82
Planning Commission Date September 13, 2004
Project Location 1773 Industrial Blvd
Comprehensive Plan Distnct Business Park Industnal
Zoning District Business Park Industnal
Applicants Name Joe Peltier
Type of Application Special Use Permit
Project Description A special use permit for the construction of two 1,968 square foot storage
buildings
Discussion
The applicant is requesting a Special Use Permit for the proposed construction of two 24 feet by
82 feet buildings One building would be sited on the eastern edge of the flat portion of the lot
Three 14 foot by 20 foot garage doors would be on the west side The second building was
planned for the southern edge 20 feet from the property line The applicant appeared at the
September 8th Hentage Preservation Commission for design review At that meeting it was
decided that this building would be moved to the northern side of the property Placing the
building on the north side would help hide the boat and camper tops that are seen over the fence
from Curve Crest Blvd when traveling west Coming down the hill on Curve Crest going east,
the tops will still be visible The landscaping that will be planted next spnng should soften this
view The north building will be three 14 foot by 20 foot garage doors on the south side The
buildings will be used for cold storage, and will not be heated Building colors will match the
existing office/warehouse, tan and green with a green roof There is an existing tan and green
fence surrounding a majonty of the property The lot will be blacktopped There will be two
lights, on each garage They will be on the garage door side of the buildings The lights will be
on the wall, similar to a carnage light
Recommendation Approval with conditions
1 All utilities shall be completely screened from public view
2 A lighting plan showing the fixture type, height, location and extenor 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
3 All secunty lights on building shall be downlit
4 A landscape plan shall drawn according to the West Business Park Design Guidelines and
be reviewed and approved by the HPC
5 All landscaping shall be installed before utility release or final project inspection No
project shall be phased unless the Planning Commission grants approval
6 Continuous concrete curbing shall be installed to separate parking areas from landscape
areas
7 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
8 The street address of the building shall be displayed in a location conspicuous from the
public street
9 The trash enclosure shall be inside of the building
10 Fencing, as indicated on the plans, shall protect all trees required to remain on site, or other
necessary measures shall be taken to prevent damage dunng construction activity
11 No roof equipment shall be visible to the general public
12 All gutters, downspouts, flashings, etc shall be painted to match the color of the adjacent
surface
13 Construction projects shall conform to the City's Noise ordinance Construction dunng the
dry season shall mitigate excess dust problems
14 A sign permit shall be required for all project signs
15 Grading and drainage plan to be approved by City Engineer before building permits are
issued
16 Sign package to be approved by the Hentage Preservation Commission, including
directional signs
17 A sign permit is required for signage
18 All extenor storage must be screened
19 All extenor modifications to the approved plan are to be reviewed by Community
Development Director
20 Lot shall be blacktopped at the time the buildings are occupied
Findings The proposed use will not be injunous to the neighborhood or otherwise detrimental
to the public welfare and will be in harmony with the general purpose of the zoning ordinance
Recommendation
Approval as conditioned
Attachments Application Form/Elevation Photo
HPC Action 9/8/04 Approved w/conditions +5-0
g WEST ORLEANS STREETI,
YS ADDITION
LVD
/09730
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PL , LING 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 engineenng 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 c
supporting matenal will delay the application process
PROPERTY IDENTIFICATION
Address of Project 111'2 �i M
l.c$ -K-2..o>� 4- el=
Assessor's Parcel No F t r-{ �T► ��
(GEO Code)
Zoning Distnct I Descnption of Project ' A4-m- t-4oa tTA 191. g 5i4 Fo l
LAi. 4S,73sp.A 5(13 *_ o c..om o al o IJ
*u it
1 hereby state the foregoing statements and all data, ►reformation and evidence submitted herewith in
respects, to the best of my knowledge and bebef, to be true and correct I further certify 1 will comply w
the permit if it is granted and used "
Property Owner b L' ���'`� Representative
Mailing Address /??S ---oh/5�'E ` 7(d Mailing Address
City - State - Zip Yrr "-tiLD City - State - Zip
S511,SZ
Telephone No biz- a6o- 42-7 Telephone No
ignature is required)
Lot Size (dimen ions) tft x ?o�j
Land Area 5 r37Y . Fr
Height of Buildings Stories Feet
Pnncipal _��
Accessory
Signature
(Signature is required)
SITE AND PROJECT DESCRIPTION ir/gp �` Z
Total Building floor area square feet
Existing O square feet
Proposed/968 x z_ square feet
Paved Impervious AreaRc square feet(4tPb
No of off-street parking spaces
St. Croix Specialties Inc.
1775 Industrial Blvd. Stillwater, Minnesota 55082
Phone: 6 51-2 7 5-924 5 Fax: 6 51-2 75-92 5 3
August 27, 2004
City of Stillwater
To Whom It May Concern:
My name is Joe Peltier and I am applying for a building permit to construct two
warehouse buildings on the corner lot of 1773 Industrial. This is located next
to my current location at 1775 Industrial Blvd.
The plan includes two buildings. One building is facing north and south on the
eastern edge of the flat portion of the lot. The second building is on the
southern edge 20' from my existing property at 1775 Industrial Blvd. These are
within the borders that the city requires for construction. Each building will be
approximately 1980 square feet. They are 24' wide and 82' long. They will be
in color contrast with my existing building at 1775 Industrial Blvd. and the
fence that was approved. Both buildings will be inside the fence area. You will
see them above the fence. There will be three 20x14' garage doors on each
building. The buildings will be 16' tall and a 4/12 pitch on the roof. There will
also be service doors on each building. These will be used for cold storage.
There will be no heat. We will also be planning to tar the lot. This will be done
sooner then the two years that the city gave me to do it in. There will be a
locked gate at the front of the fence on Industrial Blvd. These building are
similar to the ones approved for Steve Gaffney who previously owned the lot. I
hope the approval for this goes through.
I have included a photo of the building at 1775 Industrial to give you an idea of
the color scheme. If there is anything that you need changed, I am more than
happy to accommodate the city as usual. There is also a rough drawing of what
the lot looks like with the fence and two buildings. A grading plan is included.
The plan is large and I have cut it down in size for the paper so you could see
specifically this lot. You can see the holding pond and buildings for grading
specs. If you have any questions, please do not hesitate to contact me at 612-
860-4627.
Thank you for your time.
Sincerely,
Joe Peltier
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Memo
To Planning Commission
From Steve Russell, Community Development Director &'—
Date September 9, 2004
Subject Final PUD Approval and Variance to Height Requirements, 50 feet and
4 Stories Required, 5 Stories 52 feet Proposed Case No PUD-F/V/04-
84
Background The Terra Springs PUD concept review was approved by the City Council
June 3, 2003 (see PUD conditions of approval attached)
Previously, Building No 1, 2, 3, and 4 have received final PUD approval As a condition
of concept PUD approval, Site No 5 was conditioned to 4 stories and 50 feet (the
height limit of the Central Business District, CBD) Concept PUD approval was for 42
units, 36 are proposed in the application
Parking requirements for the 36 housing units are provided for (72 spaces required, 81
provided)
Originally the proposal was for 4 levels of housing over 1 level of parking to the rear
and retail space along the street front of the building The 6,000 square feet of retail
use has been eliminated from the revised plans The PUD concept approval indicated
that any variances to height limits would be review on a site specific basis The building
design with the two story front building element helps mitigate the height as viewed
from the street
On September 8, 2004, the Heritage Preservation Commission reviewed the design of
Site No 5 They approved the building design with conditions (see attached staff report
and conditions of approval)
Recommendation. Approval
Attachments Application and plans, staff report PUD/04-06
08/30/2004 11 15 6514308810
OI T r OF STILLWATER PAGE 01/02
PLANNING ADMINISTRATION APPLICATION FORM
COMMUNITY DEVELOPMENT DEPARTMENT
CITY OF STILLWATER
216 NORTH FOURTH STREET
STILLWATER MN 55082
Lase 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 appl,catlon
*An oscrow fee ,s also required to offset the costs of attorney and engineenng fees
The applicant is responsible for the completeness and accuracy of all forms and supporting matenal
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 applications 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 material will delay the application process
PROPERTY IDENTIFICATION
Address of ProjectAssessors Parcel No
-f- S f S (GEO Code)
Zoning Distnct Pc.t >7 Descnption of Project —VP L* T AEw cop4-riz4.3
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 permif ,f it is granted and used "
Property Owner gri.,.l
Mailing Address I� « ?80 S-nz-
City - State - Zip Iolt,yc im,1 , t'- S 5'k39
Telephone No 952 $2_71 3`bgo
Signature
(Signature Is required)
SITE AND
Lot Size (dimensionsy2'_Ax P-19-c)
Land Area lie ,5cc-2 Swan. rr --+_
Height of Buildings Stories Feet
Principal
C1M4e. Accessory _ 1 ►1'�0'�
H \mcnamara\sheila\PLANAPP FRM May 1, 2003
Representative k-a-catE-
Mailing Address G100 'S92 S-c-n_ r-
City - State - Zip el Aa o..►- ► M rt SS"-t.o
Telephone No (\2 '53% 3-173
(Signature Is required)
PROJECT DESCRIPTION
Total Building floor area 10S 12‘2- square feet
Existing 0 square feet
Proposed 105►2-►2_ square feet
Paved Impervious Area 5 square feet
No of off-street parking spaces to3tort.��
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AUG-27-2004 09 52
MES SALES
August 27, 2004
Ms Sue Fitzgerald
City Hall
216 N 4th Street
Stillwater, MN 55082
Re Terntonal Place
6128527702
Pr
Dear Ms Fitzgerald
RiverView is a 36 unit new construction condominium complex located
within the Terra Springs Planned Unit Development The proposed building
is four stories tall and including one level of underground parking Extenor
cladding materials include St Croix limestone, beck, EIFS, fiber cement
board shingle -style siding, and asphalt shingles
The landscape and lighting plans for RiverView are a continuation of the
entire Terra Spnngs Development Bnck pavers are being used in the
walkways around the building including the site's interpretive trail The
lighting design includes decorative antique fixtures adjacent to streets, double
head shoe box luminaries at the surface parking lots, recessed stair fights at all
individual unit entries, decorative lantern lummanes at the main entrance, and
bollard lighting at points along the mterpretrve trail Security wall pack lights
are also being used at both the drive into the underground parking garage and
at the stairways on the west and north side of the building
If you should need anything else or have any questions, please feel free to
contact me
Sincerely,
Vet044.--.6_,_,,
Matthew Bnnza
J Buxell Architecture
TOTAL P 03
HERITAGE PRESERVATION COMMISSION
APPLICATION DESIGN REVIEW FORM
CASE NO DR/04-53
Heritage Preservation Date September 8, 2004
Project Location 650 North Main Street
Comprehensive Plan District Central Business District
Zoning District CBD
Applicant's Name Jack Buxell — J Boxell Architecture representing Frauenshuh
Sweeney
Type of Application Design Review
Project Description Design review of a 36 unit condominium (Riverview) in the Terra
Springs development
Discussion
The applicant is requesting design review and approval for Building 5, the final building
in the Terra Springs Development The proposed 36 unit building is four stories tall,
including one level of underground parking The materials and design is consistent with
the established range of materials used at the adjacent building in the development
Exterior cladding materials include St Croix Limestone, brick, EIFS, fiber cement board
shingle -style siding and asphalt shingles Landscaping, lighting and light fixtures will
match the existing
The applicant will be requesting a Variance from the Planning Commission on
September 13, 2004 The Variance is to the height of the building 50 feet high is
permitted, they are asking for 52 feet
Recommendation
Approval as conditioned
Conditions of Approval
1 All utilities shall be completely screened from public view
2 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
3 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
4 Continuous concrete curbing shall be installed to separate parking areas from
landscape areas
5 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
6 The street address of the building shall be displayed in a location conspicuous from
the public street
7 The trash enclosure shall be made of a sturdy opaque masonry material, with trash
receptacles screened from view and compatible with the color and materials of the
project
8 No roof equipment shall be visible to the general public
9 All gutters, downspouts, flashings, etc shall be painted to match the color of the
adjacent surface
10 Construction projects shall conform to the City's Noise ordinance Construction
during the dry season shall mitigate excess dust problems
11 A sign permit shall be required for all project signs
12 Grading and drainage plan to be approved by City Engineer before building permits
are issued
13 Sign package to be approved by the Heritage Preservation Commission, including
directional signs
14 Exterior lighting plan to be reviewed and approved by the Heritage Preservation
Commission
15 All security lights on building shall be downlit
16 A sign permit is required for signage
17 All exterior modifications to the approved plan are to be reviewed by the Heritage
Preservation Commission
18 The exterior height of the parking level shall be no more than eight feet high above
ground
Findings The proposal meets the intent of the Downtown Design Guidelines
Attachments Application Form/Letter/Preliminary Construction Documents
r
em
To. Mayor and City Council
From• Steve Russell, Community Development Director ' !/
Date: May 28, 2003
Subjects Concept PUD Approval for Multi Phased 227 Unit Mixed Use Terra
Springs Development, Terra Springs LLC, applicant Case No
PUD/03-27
The application before the Council is concept PUD approval for the 227 unit Terra
Springs Project The site is located in the Central Business District, CBD, and is a
Planned Unit Development allowing flexibility of design
The 227 units are contained in five (5) buildings Three of the buildings, 1, 2 and 4,
will be a part of Phase I development starting in August Buildings 3 and 5 will follow
All the buildings will require HPC design review and final PUD Council review The
HPC reviewed the plans at their meeting of April 7 and the Planning Commission
reviewed the plans and recommended concept approval on April 14, 2003 A site plan
and building elevations are attached The height of the prposed buildings are No 1 -
19 HU's - 45 feet, No 2 - 44 HU's - 4 stones, frdfeet, No 3 - 90 HU's proposed 8
stories 95 feet, conditional 6 stories 60 feet No 4 - 32 HU's - 3 stones, 45 feet and
No 5 - proposed 42 HU's, 5 stories conditional 4 stories and 50 feet
An interpretative center and trail is proposed along with a substantial public green area
that retains the foundation of the old territorial prison manufacturing building The
existing wayside shall be relocated along the Interpretative trail
Comments from MnDOT were received Staff and the developer are addressing their
concerns regarding site access
An EAW was prepared for the project and considered seperately
Planning Commission Recommendation: Approved as consistent with the
Comprehensive Plan and Downtown Plan
Attachments Application, plans, staff report and minutes from CPC 4/14/03
CC
Ok) j__.,--,)
.-i NNING APPLICATION REVIEII ref M
CASE NO. PUD/03-27
Planning Commission Date. April 14, 2003
Project Location 608 North Main Street
Comprehensive Plan District' Downtown Commercial
Zoning District CBD
Applicants Name Terra Springs LLC
Type of Application Concept Planned Unit Development
Project Description Concept Planned Unit Development review of Terra Springs project on 7 93 acre
site including 227 housing units in five buildings, 4,000 square feet of office use, 9,000 square feet of
retail and 2 64 acres public courtyard, open space, landscaping and interpretive trail
Discussion As previously presented, the City of Stillwater has selected a developer and is working with
that developer on plans for the infill/redevelopment of the old territorial prison site at 608 North Main
Street The redevelopment site is the land inside wall that defines the perimeter of the site Lands above
the wall will be retained by the city as part of its open space system
As shown in the attached development plans the proposal is for five buildings, buildings 1-5 as described
below
Building Date
Building 1 Two stories of residential over one level of half paring/half commercial
19 two story townhouses @1,500 sq ft average
Approximately 38 underground parking stalls (2/home)
7,000 sq ft commercial/historical interpretive
Proposed approximate building height (floor one to roofline) 45 feet
Building 2 Four stories of residential over one partially underground level of parking
44 condominiums @1,320 gross sq ft average
mix of one and two story homes
approx 62 underground parking stalls (1 4/home)
proposed approximate building height (grade to roofline) 60 feet
Building 3 eight stories of residential over one partially underground level of parking
90 condominiums @ 1,250 gross sq ft average approx,
Approx 153 underground parking stalls (1 7/home)
Proposed approximate building height (grade to roofline) 95 feet
Building 4 Three stores of residential over one partially underground level of parking
32 rental apartments @ 1,350 gross sq ft average
Approximately 58 underground parking stalls (1 8/home)
Proposed approximate building height (grade to roofline) 45 feet
Building 5 Four stories of residential over one level of parking and retail
42 rem__ .apartments or for -sale condominium... 4_ _00 sq ft average
Approximately 67 underground parking stalls (1 6/home)
6,000 sq ft commercial
Totals 227 homes
13,000 sq ft commercial
376 enclosed dedicated parking stalls
145 on -site guest parking spaces
Two hundred and twenty seven housing units are proposed in the five buildings In addition, commerc
space of 13,000 square feet, 4,000 office and 9,000 retail is proposed
Parking requirements for the residential use is two spaces per unit or 454 spaces Commercial space
requirements is 58 spaces Totaling 512 spaces The plans show a total of 487 spaces, 342 covered ai
145 surface Public access to the green and trial system will also require parking as well as pedestnan
access
The proposed height of the buildings is not clear The application indicates a maximum height of six
stories and 65 feet The height limit for the CBD district is 50 feet
The PUD would be developed in phases starting with 2003 and completing in 2005
The development plans include drainage and circulation have been reviewed by the city engineer, traffic
consultant and fire chief The circulation plan will be modified to address fire concerns for building
access
The concept design plans were reviewed by the HPC at their meeting of April 7, 2003 They approved t
building concepts proposed The detailed building design will require design approval before a design
permit is issued
Likewise, final PUD approval will require special building use description, composition of residential unit
and assigned parking The parking ordinance allows for modifications to the parking standards based of
a specific site and use analysis
The height of the proposed building(s) may require a height variance This will be reviewed when speci
building design plans are proposed for building permits
As a part of the proposal, an interpretive trail/facility plan is proposed The specifics of this plan/facility
should be coordinated with the parks board/heritage preservation commission and Washington County
Historical Commission
Environmental Review A environmental review assessment worksheet , EAW, is required because the
site is on the National Register of Historical Places The EAW is attached and will be notified for review
and comment
Recommendation Approval to Council
Attachments• Application and plans
CPC Action on 4/14/03: +5-1 approval
expect
Minimal
In 227
staat
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227 ho es on 7 93 acres = 29 hones/ ae
i
rmpact upon the city schDodistrict
impact
omes here, may see about 5 school -age children total
of residential usQ
number of omes
roily detached 0
mlly attached 0
family 227
olart
1
2
3
4
5
constructio
occupancy
start autumn 2003
autumn 2004
constructio start autumn 20D3
occupancy ate 2004/early 2005
construction start late 2003
occupancy pring/summer 200S
constructto start autumn 2003
occupancy ummer 2004
constructio start autumn 2004
occupancy autumn 2005
Dross -, u_are footage of commercial f/oor space
13,000 f
reside a LitMenina units_bv numberbf bedugm5
227 unt
approx unit mix 80% 2 bedroom + 100/o 3 bedroom + 10% 1-bedroom or studio
equals approx 458 bedrooms
0610 ON
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OWNER
FRAUENSHUH SWEENEY
180 EAST 5TH ST. SUITE 160
ST. PAUL, MN 55101
CONTACT: BRIAN SWEENEY
PHONE: 651-291-3591
RIVERVIEW
AT TERRA SPRINGS
STILLWATER, MN
ARCHITECTURE, PLANNING
AND LANDSCAPE ARCHITECTURE
J. BUXELL ARCHITECTURE
900 N. 3RD STREET
MINNEAPOLIS, MN 55401
CONTACT: JACK BUXELL
PHONE: 612-338-3773
GENERAL CONTRACTOR
STRUCTURAL
HANUSCHAK CONSULTANTS
26 EDMONTON STREET
WINNIPEG, MB
CANADA, R3C 1 P7
CONTACT: BILL HANUSCHAK
PHONE: 204-956-2200
J.BUXELL
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BUILDING 5
SCHEMATIC DESIGN
DATE 08.3104
PROJECT NR. 0102650
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RIVERVIEW EXTERIOR MATERIALS
material
square feet
°/D of building
exterior
fiber cement board siding
brick
stone
glass
3 715
2 143
8 458
8,072
11%
7%
25°/0
25%
BUILDING FIVE AREA CALCULATIONS
residential gross square feet
enclosed parking gross square feet
residential net salable square feet
75 564 square feet
29 648 square feet
65,683 square feet
BUILDING FIVE RESIDENTIAL MIX
2 bedroom homes
2 bedroom plus den homes
3 bedroom homes
3 bedroom plus den homes
total number of units
total number of bedrooms
2 bedroom homes
2 bedroom plus den homes
3 bedroom homes
3 bedroom plus den homes
average home size
19
12
3
2
36
average s f
1 551 square feet
1 924 square feet
2 428 square feet
1 633 square feet
1 753 square feet
BUILDING FIVE PARKING DATA
enclosed underground
parking spaces
parking ratio
75 standard
3 tandem
81 total
2 25 per dwelling unit
SHEET INDEX
A0 00
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COVER SHEET
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L5 00 AERIAL PHOTOGRAPH
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L5 11 SITE PLAN
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L5 14 CONCEPTUAL LANDSCAPE PLAN
L5 16 AMENITY PLAN
L5 17 PAVING PLAN
L5 19 SITE DETAILS
FLOOR PLANS
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Al 12
Al 13
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SECOND FLOOR PLAN
THIRD FLOOR PLAN
FOURTH FLOOR PLAN
BUILDING SECTIONS
A3 10 LONGITUDINAL SECTION
A3 11 TRANSVERSE SECTION
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A5 12
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SOUTH ELEVATION
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ADDENDUM
STILLWATER, MN
DEN ELOPER
FRAUENSHUH/
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Bt. It DING 5
PA%ING PLAN
SCHEMATIC
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Pr
CURRENT PLANNING ISSUES qt.-)
building a Sense of Community /2--
Editors Note The following article is the
third in a senes of short articles highlight
ing some of the hey planning issues facing
planners today
ow often do you hear people
today lamenting a loss of a "sense
of community" or the erosion of
small town character ? Certainly these
are concerns I frequently hear in my
work with cities and towns across the
country And just as surely the) reflect
diverse and often hard -to -pin down
thoughts
For many years most local planning
departments (and planning commis
sions) have focused on planning issues
which could be said to be related to the
efficiency of communities managing traf
fic coordinating land use planning with
public facility and utility planning and
dealing with the tangible impacts of
growth and development (such as storm
water runoff) 1t is also true that much of
what goes to create a sense of communist)
occurs outside the realm of local govern
ment planning in schools churches
social networks cultural institutions and
family groups
What then can planning commissions
do to foster the elusive task of true com
munity building? I would argue that there
are many local planning related issues
that we can recognize as contnbuting to
community building In fact this is what
lies at the heart of many recent trends in
planning including the new urbanist and
smart growth movements
The following are some of the areas
where planning commissions can have an
impact on building a sense of community
1 Strong and Connected Communities
In this day and age of mobility and
lengthy commutes the role of neighbor
hoods has tended to diminish in impor
tance Compounding this has been the
proliferation of isolated pods of subdivi
sions loosely connected (at best) to each
by C Gregoi) Dale FAICP
other and to surrounding areas How
ever a growing number of cities and
towns are working to res erse this by pro
moting development patterns %%here resi
denial areas are not stand alone enclaves
Planning for neighborhood parks and
schools accessible bA foot is one way of
promoting stronger more tightly knit
communities
2 Town Centers
A closel) related trend can be seen in
the increased interest in revitalizing his
toric core areas and in designing and
building town centers in newh suburban
izing yeas A stron, focal point for a
community (whether functional or sym
bolic) can contribute greltl) to a sense of
community In man' newl) emerging
suburban areas plan, are being imple
mented for mixed ust to‘‘ n centers that
encompass commercial residential insti
tutional and public uses
3 Pcdestnan Onentation
Man} believe that the presence of the
automobile as the dominant form of
transportation has been a key factor in
the erosion of a sense of community
While e all can appreciate the conve
mence comfort and pm acy of automo
bile transportation cities and to\N ns are
realizing that one of the best ways to
strengthen a sense of community is by
deN oting resources to encourage pedestn
an activity
4 Improved Design Quahty
Not ithstanding the desire for better
pedestrian connections no one wants to
walk around a community that does not
feel welcoming As a result architects
landscape architects and planners are
focusing on improving the visual appear-
ance of new development particularly as
it relates to creating a pedestrian fnendly
environment Simple mechanisms such as
improved landscaping less obtrusive
signage avoidance of ON erly large con
centrauons of parking and better site
design can make for a more walkable
environment
5 Open Space Preservation
Parks trails nature preserves and
other green space can provide another
important way of increasing a sense of
community This is especially so when
the open space is tied together as an iden
tifiable community network While some
open space can be preserved within new
developments a true community wide
network of open spaces often requires the
outlay of financial resources to acquire
land or development nghts
6 A Range of Housing Opportunities
A final way to think about sense of
community has to do with the range of
housing options the community pro
vides While each community must
decide for itself what housing mix works
best man} believe that providing a range
of housing options is a way to promote
community quality
How can housing affect a sense of
place? Consider these questions Does
your community have housing options to
meet the needs of young married couples
who grew up in the community and are
Just starting out? Does your community
have housing options for those no longer
able or interested in maintaining a single
family home and yard? Many believe that
providing for the ability to house young
people who grew up in the community
along with empty nesters who want to
remain in the community is an important
element of a true community O
C Gregory Dale is a
Principal with the plan
ring and zoning firm of
McBride Dale Clarion in
Cincinnati Ohio Dale was
recently named a Fellow of
the American Institute of
Certified Planners He
manages planning projects
and also regularly conducts training for planning
officials throughout the country
PLANNING COMMISSIONERS JOUR\AL / NUMBER 55 / SUMMER 2004
3�k 5. Ict Sr
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THE GHOST STREETS OF STILLWATER
Many of the old river towns in the St. Croix Valley,
including Stillwater and Marine, have numerous "ghost streets":
streets that exist as public right of ways, but are invisible to
most people. These ghost streets contain dozens of acres of
unused vacant public property in Stillwater. But even though
they may now be invisible to the untrained eye, the use of
these streets can. dramatically affect the way future Stillwater
will look and feel.
How these invisible streets came to be is an interesting
story.
When a developer buys a piece of land and divides it into
building lots, he must provide streets to give access to each
lot. In the developer's original survey of the lots, called the
"plat", these streets are dedicated to the public's use to
insure that every building lot will have public access. All
plats are recorded in the County Register of Deeds office.
Most of Stillwater was divided into lots and streets before
the Civil War, over 140 years ago. Those early developers
divided all their property into a rectangular grid of lots and
streets, no matter what the geography of the land happened to
be. There were ].ots platted on steep hillsides, up and down
ravines, through creeks; even a corner of Lily Lake was platted
into building lots. As the city grew during the lumber boom of
the nineteenth century, the best lots were quickly built upon.
Over time, a few ravines were filled in and some steep hillsides
were graded making it possible to build upon some of the less
desirable lots.
Shortly after the turn of the century, however, the
lumbering industry came to an end, and growth in Stillwater
pretty much stopped. With the subsequent lack of demand for
building lots, the unbuilt lots in less desirable locations, or
out-of-the-way corners, were left vacant or simply abandoned.
With no buildings to access, there was no reason for the city
council to grade, surface, or otherwise all the streets. So
these undeveloped streets became our ghost streets: the street
is there, dedicated to the public's use, but since it has never
been developed, there is no visible sign that the street exists.
However, until the city council takes action to eliminate or
abandon ("vacate" is the legal term) these streets,
they
continue to exist as public right of way. Because these
streets, like certain public parks and public squares, were
dedicated to the public in the original plat, Minnesota law
rkN
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specifies a procedure to legally vacate them
Because these streets provide access to lots --whether the
lot is presently developed or not --all property owners along
those street must agree that the street should be vacated The
Courts do not look kindly on elminatinq a person s access to his
own property
But, and this is the most important, these streets have been
dedicated to the public The city council cannot sell these
streets because the city does not own them, generally speaking,
the city council is only holding the land title in trust for the
public These streets belong to you and me
In order to vacate one of these ghost streets, the city
council must, according to Minnesota state law, prove vacating
the street is in the public interest --that eliminating this land
as a street will benefit the public In some Minnesota cities,
a public hearing must be held specificallly for the purpose of
deciding if vacating a street will benefit the public interest
Moreover, if the street abuts upon any public water, the
Minnesota Commissioner of Natural Resources must be notified
If a street is vacated, what happens to the property? The
city council cannot sell the street because the city does not
own tl'e street If the decision is made that it is to the
public s benefit to vacate the street, half of the street
property automatically reverts to each of the adjacent property
owners
However, according to the law, any benefit to the adjacent
property owners should not be considered in a decision to vacate
the public street The city council cannot decide, for example,
that since the city isn t using the street now, it might as well
be given to the adjacent property owners just because they can
use the extra property for an enlarged garden, or a new garage
In another example of how the law might work, the adjacent
property owners, having been given the vacated street property,
might be able to create another building lot which they could
then sell at a considerable profit But the city council might
argue that another building lot is a benefit to the public, and
proceed with vacating the street despite any windfall the
adjacent property owners might receive
The usual rationale given for vacating a street is that it
will turn a piece of public property into private property which
will now pay taxes However, usually the increase in tax
revenue is very minimal, and perhaps not worth giving away the
public s property
3
While these ghost streets have been languishing in obscurity
for the past century, today they are becoming appealing As the
price of land increases in Stillwater, and, vacant land is more
valuable Lots once considered unbuildable are being closely
scutinized for possible buildings At the same time, residents
with property adjacent to a ghost street are seeking to vacate
the street so they can increase their property s size and insure
their future privacy
As the city council votes to vacate, the patches of vacant
untended green space that are part of the small town atmosphere,
disappear As the vacant land disappears, fences go up and
informal pathways through the city are blocked off
Residents aware of parks and open spaces are looking at
these ghost streets with new interest Bisecting the city and
village with strips 50 to 100 feet wide, these streets, already
belonging to the public, could be used as walking or bicycling
trails, as viewpoints, wild flower gardens, linear parks, or
simply undeveloped land Surprisingly, the pending
Comprehensive Plan makes no mention of these undeveloped public
streets, nor is there a consistent city policy on vacating
streets
Once these streets are vacated, they become private property
forever Some residents would like the city to keep the ghost
streets for both present purposes, and future purposes which may
yet be evident When these streets were platted before the Civil
War, no one had any idea that the streets would one day be used
almost exclusively by the automobile
We still have the opportunity to make a choice Some of
these ghost streets have already been vacated and given away
forever, but dozens remain Buy a copy of the official city map
at city hall, and see what ghost streets there are in your
neighborhood
What do you think, as a part owner of these streets, is the
proper course of action? Will it be of most benefit to you if
the city council vacates these streets, or is the public best
served by preserving these streets for some public use present
or future?
Think carefully We don t want bad decisions about our
ghost streets coming back to haunt us'
James and Sarah Parks
3521 Eben Way
Stillwater, Mn. 55082
Pool Variance Request
Chronology of Events
Request to wetland setback, 50 feet required, 10 feet proposed, to construct a
swimming pool within setback area. Pool already exists.
First, we were not aware of this 50 foot setback since our property legal description
dated December 21, 1999 and revised January 24, 2000, did not indicate a wetland
setback. During the month of September 2000, Steve Russell and others from the
City of Stillwater, put in large posts along the wetland property lines and we along
with our neighbors were told that we were not to do anything past these posts into
the wetland. We were not aware of an additional 50 foot setback.
Second, when we acquired the lot in September of 1999, this wetland was not there.
It was a sparsely wooded area with much buckthorn and other brush. The end of
our lot and all contiguous lots were within this dry wetland. Just before we moved
into our home in July 2000, we noticed that the City had gutted out this area and
widened it quite a bit. We along with several of our neighbors were concerned that
houses were going in but were told that the City was enlarging this area for a
wetland. Directly behind our lot and to the left there has never been water. It is a
field of wild flowers and brush that has grown back.
The following is what we did to assure that we were in compliance:
1. October 20, 2003, signed contract with Prestige Pools to build 20X44 foot
pool in back of our home.
2. January 9, 2004, had Heins Nursery draw up landscape design.
3. January 19,2004, contracted with Dakota Fence of Minnesota and draw up
fence plan.
4. February 24, 2004, submitted "Request For Approval Of Post -Sale
Modification" along with landscape plans noting pool placement on plans to
Stacey Bjelland of Durand & Associates Property Management, Inc.
S. March 31, 2004, received request from Durand & Associates on behalf of the
Liberty on the Lake Board of Directors for "a) property survey with the
proposed pool and fencing illustrated on the survey. This was to allow the
Board/Committee to see the relation between the pool and property lines,
easement areas, etc. I have taken from your file a copy of the survey and I have
enlarged it by 200%; b) additional information regarding the fence as to type,
style and material"
6. April 4, 2004, responded to Durand & Associates and provided property
survey illustrating the proposed pool and fence. Also provided information
and brochure on the fence.
OLi
,
7 Apnl 14, 2004, received approval from the Architectural Committee for
installation of pool, fencing and landscaping as submitted and, to be
completed by September 6, 2004
8 May 10, 2004, contracted McGibbon Land Surveying to provide Boundary
survey and set Points on each property line This was not a Full Field Survey
9 City of Stillwater issued Building Permit on June 1, 2004
10 June 9, 2004, footing inspection signed off by John Nobles, Building
Inspector, City of Stillwater
11 June 17, 2004, gas line and tag inspection signed off by John Nobles, Building
Inspector, City of Stillwater
12 Pool installation complete Gas and electnc installation complete Concrete
was underway
13 June 24, 2004, notified by John Nobles and City of Stillwater that there is a
problem and it appears that we have built into the wetland boundary
setback.
19 June 25, 2004, filed Planning Administration Application Form requesting
Valiance
15 Total cost for pool, fencing and landscaping was approximately $100,000
16 August 9, 2004, Planning Commission meeting
Pool Costs
Vendor Cost Paid Balance
Dakota Fence $9 813 00 $9 813 00 $0 00
Prestige Pools $37 931 25 $37 931 25 $0 00
Metro Gas $875 00 $875 00 $0 00
Keller Electric $1 925 00 $1 925 00 $0 00
Waterworks $2 400 00 $0 00 $2 400 00
Concrete $15 995 00 $15 995 00 $0 00
Heins Landscaping $27 000 00 $9 117 00 $17 883 00
Sarah Buerkely $3 000 00 $1 500 00 $1 500 00
Total Costs $98 939 25 $77 156 25 $21 783 00
gERIIFICATION
I hereby certify to Mikden of Stillwater, LLC; Bremer Bank National Association, its
successors and or assigns; and First Americon Title Insurance Company, that this is
a survey of:
Lots 1, 2, 3, 4, 5, 6 and 7, Block 1 Mott Hooley Addition, occording to the
plat thereof, Washington County, Minnesota.
Together with the benefits of Declaration of Restrictive Covenants dated April
17, 1984, recorded April 26, 1984 as Document No. 463536 which limits the
height of structures on Outlot F, Stillwoter Industrial Park.
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and is based upon information found in the commitment for title insurance prepared by First
American Title Insurance Company Commitment No. NCS-74502—MPLS, dated effective
February 3, 2004 of 7:30 AM (revised March 24, 2004), and correctly shows the locations of
all buildings, structures or improvements visible on said property; that there ore no visible
rights of way or easements on said described property other than shown or noted hereon;
that there ore no party walls or visible encroachments on soid described property by
buildings, structures or other improvements situated on adjoining property except as shown or
noted hereon; that oll easements, if any, listed in Schedule 8 on the herein referenced
commitment for title insurance. ore shown hereon; and that this mop and the survey on
which it is based were mode (i) in accordance with "Minimum Standard Detail Requirements
for ALTA/ACSM Land Title Surveys," jointly established and adopted by ALTA, ACSM and NSPS
in 1999, and includes items 1, 2, 3, 4, 6, 7(o), 7(b1), 8, 9, 10, 11(a) and 13 of Table A
thereof; and (ii) pursuant to the Accuracy Standards as odopted by ALTA, NSPS and ACSM
and in effect on the date of this certification, undersigned further certifies that proper field
procedures, instrumentotion, and adequate survey personnel were employed in order to achieve
results comparable to those outlined in the "Minimum Angle, Distance, and Closure
Requirements for Survey Measurements Which Control Land Boundaries for ALTA/ACSM Land
Title Surveys."
7-1
Lee J. Nord
Minnesota License No. 22033
Date of signature: March 30. 2004
Dote of survey: Morch 26, 2004
NOTES;
1. The orientation of this bearing system is based on the north line of Block 1, MATT HOOLEY ADDITION which
is assumed to have a bearing of South 89 degrees 42 minutes 59 seconds Eost.
2. The legal description and easement information were provided by First American Title Insurance Company
Commitment No. NCS-74502—MPLS doted February 3. 2004, and revised March 24, 2004.
3. The area of the property described hereon is 456,209 square feet or 10.4731 acres.
4. Existing utilities and services shown hereon, were located either physically, frorn existing records mode
available to us or by resident testimony. Other utilities and services may be present. Verification and location of
all utilities and services should be obtained from the owners of the respective utilities prior to any design,
planning or excavation.
5. The property is subject to: Covenants and restrictions pursuant to Declaration of Restrictions contained in
Document No. 833352; Terms, conditions, covenants, agreements, provisions and rights contained in unrecorded
electric distribution easement doted November 22, 1988; and Provisions of the City of Stillwater Planning
Commission Order (Planning Case No. SUP/DR/95-5) granting a special use permit contained in Document No.
834503.
6. According to the City of Stiliwoter the property is zoned BP-1 (light industrial and office uses); lies within
Flood Zone C, per Federol Flood Insurance Rate Map Community Panel No. 2752490005 C doted February 1,
1984; is subject to a maximum building height of 40 feet with no floor space or area restrictions; and has the
following building setback requirements:; and has the following building setback requirements:
Front = 40 feet Side = 20 feet Rear = 30 feet
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OWNER: CITY OF STILLWATER
OUTLOT F, STILLWATER INDUSTRIAL PARK
FIELD BOOK
PAGE
2622
60
FIELDWORK
CHIEF:
J.M.
REVISIONS
DRAWING NAME:
31371—ALTA
JOB NO. 31371
DRAWN BY:
D.F.
NO.
• DATE
DESCRIPTION
CHECKED
BY:
ALTAIACSM LAND
TITLE SURVEY
SURVEY FOR:
MIKDEN OF STILLWATER, LLC
PROPERTY ADDRESS:
200 1 WASHINGTON AVENUE
STILLWATER, MINNESOTA
6.2
PVC
\--N. UNE. LOT 13
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EGAN, FIELD, & NO
'SURVEYORS SINCE
7415 WAYZATA BLVD, MINNEAPOuS. nnINNikrik}
PHONE: (952) 546-6837 FAX: (952)::54& 8
WEB: EFNSURVEY.COM;::;
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