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HomeMy WebLinkAbout2004-11-08 CPC PacketTHE BIRTHPLACE OF MINNESOTA CITY OF STILLWATER PLANNING COMMISSION NOTICE OF MEETING The City of Stillwater Planning Commission will meet on Monday November 8, 2004, at 7 p m in the Council Chambers of Stillwater City Hall, 216 North Fourth Street AGENDA 1 Case No SUP/04-89 A special use permit for a restaurant with outside seating (located at 135 New England Place) in the VC Village Commercial/Planned Unit Development District Nat Shea Tanek Inc , representing Hearthside Homes, applicant 2 Case No V/04-83 A variance to the front yard setback (30 feet required 10 feet requested) and slope development requirements for the construction of a single family residence located at 2015 Lake Street in the RB, Two Family Residential District Flood Plain and the Bluffland/Shoreland District Tony Kirschbaum applicant Other Items Possible Zoning Amendments -Building Height Review -Reconstruction of nonconforming structures -Neighborhood Conservation (infill) regulations CITY HALL 216 NORTH FOURTH STILLWATER, MINNESOTA 55082 PHONE 651-430-8800 City of Stillwater Planning Commission October 11, 2004 Present Robert Gag, chairperson, Mike Dahlquist, Dave Middleton, David Peroceschi, Karl Ranun and Paul Teske Others Community Development Director Steve Russell Absent David Junker, Jerry Turnquist and Darwin Wald Mr Gag called the meeting to order at 7 p m Approval of minutes Mr Middleton, seconded by Mr Ranum, moved approval of the minutes of September 13, 2004, motion passed unanimously Case No SUP/04-87 A special use permit to add a temporary educational module to St Croix Prepatory Academy for 20 months, ending June 2006, at 216 W Myrtle St in the PA, Public Administration Distnct Bnan Sweeney, representing St Croix Prepatory Academy Present were Bnan Sweeney, member of the Academy Board of Directors, and Judd Orff, representing Trinity Lutheran Church, apphcant Students in the Academy's 7`h grade social studies class gave the presentation outlining the proposed use, design and need for the module which will serve as an arts and music center Mr Peroceschi asked about the 20-month limit for the use Mr Sweeney said the school expects it will have to find another facility by that time Mr Dahlquist asked if Tnnity Church has any concerns about loss of parking Mr Orff said Tnnity heartily endorses the proposal and has no concerns about parking Mr Ranum asked if the Academy meets parking requirements Mr Russell said parking is adequate for Academy needs Mr Middleton moved approval as conditioned Mr Ranum seconded the motion, motion passed unanimously Case No SUPN/04-77 A special use permit for a Type III home occupation permit in an existing accessory unit for a consulting law practice and a vanance to the square footage of the accessory unit (400 square feet allowed, 752 square feet requested) and sign size (2 square feet allowed, 4 square feet requested) at 1213-1/2 Fifth Ave S in the RB, Two Family Residential Distnct Karl Ranum, applicant Mr Ranum explained that his law practice will be located in an existing open area above his garage, a space that exceeds the allowable square footage He said he is requesting a vanance for the signage as he would like to identify the Tozer Foundation, a foundation he does work for, on the sign, in addition to his law practice 1 City of Stillwater Planning Commission October 11, 2004 Mr Peroceschi noted noise wouldn't be a problem and suggested that a 2x1' sign isn't very big While agreeing not to require modifying the existing accessory space, Mr Teske expressed a concern about the requested sign vanance due to the location in a residential area Mr Middleton agreed that the Commission has been tough on signage vanances in the past Mr Teske moved to approve the Special Use Permit for the Type III home occupation permit Mr Dahlquist seconded the motion, motion passed unanimously Mr Teske moved to approve the vanance for the square footage of the accessory unit Mr Middleton seconded the motion, motion passed unanimously Mr Teske moved to deny the sign variance Mr Dahlquist seconded the motion, motion passed unanimously Case No SV/04-85 A street vacation request for a portion of North First (from the south edge of Willow Street to a point 150 feet south) near 301 E Willow St in the RA, Single Family Residential Distnct John and Kathenne Schoenecker, applicants The Schoeneckers were present Mr Schoenecker explained the request is to enable them to construct a garage The Schoeneckers proposed that if the vacation is approved, the west 30 feet of the street be retained for access to the ravine, and they be given the east 30 feet, which will enable them to build the garage Virgil Plattner, 1813 N Second St , said the proposed street vacation would cut off access to his property Also expressing concern about access was the owner of lot 1801 as shown on the plat map in the agenda packet Expressing support for the request was Debby Johnson, owner of lot 1824, who stated the Schoeneckers' and herself would be more than willing to accommodate access Mr Dahlquist said in addition to access issues, he would be reluctant to give up city nght-of- way Mr Ranum said he would be reluctant to grant the request without access issues being resolved Mr Dahlquist moved to recommend denial of the street vacation Mr Ranum seconded the motion, motion passed 3-2, with Mr Gag and Mr Peroceschi voting against denial and Mr Teske abstaining The request goes to the City Council Case No V/04-86 A variance to the street side and front yard setbacks (30 feet required, 22 feet (side) and 24 feet (front) requested for construction of a second floor and new roof at 1345 Third St S in the RB, Two Family Residential District Don Berry, applicant Mr Berry was present He explained the plan is to construct a second floor over the entire structure, currently there is a second floor over a portion of the house Mr Peroceschi moved approval as conditioned Mr Dahlquist seconded the motion, motion passed unanimously Case No V/04-17 A variance to the Bluffland/Shoreland setback regulations (40 feet required, 0 feet requested) for construction of an addition to an existing residence at 2000 Lake St in the 2 City of Stillwater Planning Commission October 11, 2004 RB, Two Family Residential Distnct, Bluffland/Shoreland District and Flood Plain Distract David Evans III, applicant (DNR review required ) Case No SUP/04-18 A special use permit to redevelop and reconfigure an existing manna at 2009 Lake St in the RB, Two Family Residential Distnct, Bluffland/Shoreland District and Flood Plain Distnct David Evans III, applicant (DNR review required ) Mr Evans was present He explained that he is purchasing the manna and two homes on the property One of the homes will be tom down Plans for the addition and reconfigured manna were included in the agenda packet Tony Kerschbaum, a neighbor above the manna, said he was generally in support of Mr Evans' proposal He did express a concern that the addition may block his nver view Mr Russell said he had received a call from the owner of 2007 Schulenberg Alley expressing concems about noise, traffic and lights Patnck Needham, 124 Lakeside Dr , pointed out that owner is an absentee owner, who rents her property Rick Swanson, 101 Lakeside Dr , stated there is another construction project in the area, which exceeds allowable height and is blocking his nver view He said he would hate to see a similar situation occur with this request Dan Challeen, 2103 Schulenberg Alley, spoke in support of the proposal and also relayed concerns about traffic from one of his neighbors, Hazel Winterlm Ms Winterlin also expressed those concerns in a letter, which was distnbuted to members Missy Swanson, 101 Lakeside Dr , also spoke of the other construction project in the area which is taller than the property owner said it would be She asked what recourse neighbors have in such instances Mr Russell pointed out that the other project does not relate to this case, and this proposal does meet the 35 feet height requirements There was a discussion about the height of the proposed structure and at what grade the height is determined Mr Russell said the proposed addition would be 24' to the top of the roof as measured from the Lake Street elevation Mr Teske pointed out that if the proposal is within the allowable height parameters, the Commission shouldn't consider how it affects neighbors Mr Dahlquist said the issue here might be the mass of the proposed structure Mr Teske agreed the mass is greater, but the applicant is combining two existing structures into one Overall, Mr Teske suggested the proposal isn't a huge change from the existing conditions 3 City of Stillwater Planning Commission October 11, 2004 Mr Ranun called the height issue "a moving target" and suggested perhaps tabling the request until building cross -sections are provided Mr Dahlquist said he would like to see additional information about parking and storm water drainage Mr Teske moved approval as conditioned, with the additional condition that the structure not exceed 731 feet as measured from the Lake Street elevation Mr Middleton seconded the motion There was a question as to the base height 706' feet is the base Mr Teske asked to amend his motion to reflect that 731' is the height to the peak of the structure Mr Middleton agreed to that amendment Amended motion passed 5-1, with Mr Dahlquist voting no Regarding the manna approval, it was noted that all existing docks would be removed and replaced by one new dock Mr Russell noted the applicant is getting approval of a master plan, which the manna never had before Mr Middleton noted the proposal cleans up the area and moved approval as conditioned Mr Teske seconded the motion, motion passed unanimously Case No ZAM/04-03 A Zoning Map Amendment changing the zoning of Lots 1-7, Block 1 Matt Hooley Addition (2001 Washington Ave) from BP -I, Business Park Industnal, to BP-C, Business Park Commercial James H Gilbert, representing Mikden of Stillwater, applicant Mr Gilbert, general counsel for Mikden, noted the parcel in question was onginally zoned BP-C but was changed to BP -I to accommodate use of the building, the one-time Cub Foods Store at 2001 Washington Avenue, for use by the Andersen Corp Andersen's lease is expinng, he said, and the company will be vacating the building Mr Gilbert said Mikden has a potential agreement with Herberger's to occupy the building and is requesting the zoning be changed back to BP-C Mr Middleton moved to recommend the zoning change Mr Teske seconded the motion, motion passed unanimously Case No V/04-88 A modification to a vanance request to the height regulations (50' allowed, 60' 8" requested, 4 stones allowed, 5 stones requested) for construction of a 68-unit condominium with underground parking garage at 501 N Main St , The Lofts of Stillwater, in the CBD, Central Business District Jack Buxell, applicant Mr Buxell was present Also present for this discussion was Howard Lieberman, chair of the city's Hentage Preservation Commission Mr Buxell discussed design revisions that were made following concerns expressed at the September Planning Commission meeting The corners of the building have been opened up, as shown in the onginal designs, and the proposed colors are more like those in the onginal design sketches He provided color samples 4 City of Stillwater Planning Commission October 11, 2004 Mr Gag asked if there had been any changes to the height of the structure Mr Buxell provided a companson of the building as presented in September 2002 and October 2004, the comparison listed square footage, the number of units and parking spaces, and height Mr Buxell said the figure of 54' 11" to the mid -point of the roof that was onginally approved was due to a mistake on the applicant's part The September 2002 plans proposed a 5-story structure that was 59'6" to the mid -point of the roof as defined by city ordinance, 66'6" high to the roof ndge The proposed height remains 59'6" to the mid -point and 65'6" to the roof ndge The height has never changed, he said He also pointed out that this site is designated in the city's Downtown Plan as having the potential for a residential structure of as high as six stones Mr Lieberman pointed out the design of the building seems to be evolving He said the HPC objected to the stylistic changes as being too far removed from what the HPC conceptually approved He also suggested that both the HPC and Planning Commission need to focus more on architectural drawings rather than design rendenngs to identify what will actually get built Linda Amrein, 307 E Laurel St , expressed a concern about the height of the structure and urged the Planning Commission to stick to the ordinance with respect to height restnctions Mr Ranum noted that height seems to be an issue with every project Several members expressed a concern about the impact of the structure from the nver elevation Mr Dahlquist stated the nver view is as important as the street view and said he would not support a height variance or a fifth floor Mr Peroceschi pointed out the Commission has already approved a 55' high structure Mr Ranum, seconded by Mr Dahlquist, moved to deny the vanance modification Motion to deny passed 5-1, with Mr Middleton voting against Other items Mr Russell bnefly reviewed the proposed trail plan revisions and proposed trail improvements Mr Ranum, seconded by Mr Teske, moved to recommend approval of the trail plan revisions and trail improvements as put forth by staff Motion passed unanimously Mr Russell suggested scheduling a workshop to discuss and explain the city's height ordinance The recording secretary left at 9 40 p m Respectfully submitted, Sharon Baker Recording Secretary 5 PLANNING APPLICATION REVIEW FORM CASE NO SUP/04-89 Planning Commission Date November 8, , 2004 Project Location Liberty on the Lake Village Comprehensive Plan Distract Village Commercial Zoning Distnct VC Applicant's Name Greg Rick — Tanek Archecture, representing the applicant Type of Application Special Use Permit Project Description Special Use Permit for a restaurant — `Cravings' Discussion The applicant is requesting a Special Use Permit for a 5215 square foot restaurant named Cravings The project will be located in Liberty Village They received design approval from the Liberty Architectural Review Committee on 10/26/04 (attached) The extenor design of the proposed restaurant will compliment the rest of the colonial village facades of the development The design is based on a small scale house with grand porches and a high one and a half story restaurant area There is also a combination of outdoor dining and smaller sitting areas featunng an outdoor fireplace The 166 seat intenor space and the 54 seat extenor restaurant will be both a neighborhood bar and restaurant, with a quick service to go counter Lighting will match the rest of the Liberty Village Development Landscaping is continued from the approved master plan The building will have a dark gray asphalt roof The gables will have blue/gray cedar shakes The building will be painted a rust color All- mechanical equipment and venting will be concealed in the lowered roof area at the center of the building The trash receptacle will be concealed There will be signs on the north and south sides of the building, white lettenng on a rust background on the south side and white lettenng on a gray background on the north side The signs will not be lit Recommendation Approval as conditioned Conditions of Approval 1 All utilities shall be completely screened from public view 2 All landscaping shall be installed before utility release or final project inspection No project shall be phased unless the Planning Commission grants approval 3 Continuous concrete curbing shall be installed to separate parking areas from landscape areas J 4 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 5 The street address of the building shall be displayed in a location conspicuous from the public street 6 The trash enclosure shall be made of a sturdy opaque masonry matenal, with trash receptacles screened from view and compatible with the color and matenals of the project 7 All trees required to remain on site, as indicated on the plans, shall be protected by fencing or other necessary measures shall be taken to prevent damage dunng construction activity 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 dunng 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 Hentage Preservation Commission, including directional signs 14 All security lights on building shall be downht 15 A sign permit is required for signage 16 All extenor modifications to the approved plan are to be reviewed by the Community Development Director 17 Additional landscaping similar to landscaping along CR 15 shall be provided along CR 12 if necessary in the CR 12 nght-of-way as approved by the City and permitted by Washington County 18 No signs (pylon or other) in addition to the two proposed north and south elevation building signs shall be allowed Findings The proposed use will not be injunous to the neighborhood or otherwise detnmental to the public welfare and will be in harmony with the general purpose of the zoning ordinance Attachments Application Form/Pre-Construction Drawings HPC Action October 4, 2004 — 5-0 approval with one abstaining 3/2004 16 09 6514308810 CITY OF STILLWATER PLANNING ADMINISTRATION APPLICATION FORM COMMUNITY DEVELOPMENT DEPARTMENT CITY OF sTILLWATER 216 NORTH FOURTH STREET STILLWATER MN 55082 _. ._Sped lfCo► ditaonal Use Permit Vanance �.^Resubdh isjon Subdivision* Comprehensive Plan Amendmen Zonmg Amendment* _.Planning Unrt Development • The fees for requested action are attached to this application Cedrfcate Compliance *An escrow fee is also required to offset the costs of attorney and en me The applicant IS responsible 9 Bring fees The apt l i )n connectionp ible for the completeness and accuracy clan forms and supporting submitted with application becomes the r Aping material i material subsupporting material c required properly of the City of Si ihrater Sixteen (16) sketches, copies of, supporting material is ff application is submitted to the Cr ty supporting material will delay the pplicaired A sae ltion pran ts p � with applicationsAny 'f ff�1 Ies of Incomplete application c PROPERTY !DENTIN c AT ON PAGE 02/04 Case Na Date Filed Fee Paid Recut No. ACTION REQUESTED Address of Project Zoning Distil Li �4G,n, fl j J �, V� sloes Parcel No SD0.30070 Q/d3 Description of Project Tjdd flreyh>;,o 6, tie(O�e) t t�ik e OF& CFOW(k) Stet cam. */ hereby stake the foregoing statements �'r ' r � and all data, Information and evidence submitted herewith in al respects, to the best of rn the permit if It is my knowledge and belief, to be granted and used * tr a and correct IVY j� ) further �fy 1 will comply wi Property Owner j'l S' n1CJINl� 1-`' J' c t 4,� AAalfin 9 Address L L,41C 2 City State - Zip Telephone No ` 5 I 2-6/5 69 170 Signature (8, Lot Stye (dimensions) x Land Area Height o Buildings gs Sty es PrincipaAccessory `—'� H VrtCnarnara lPLANA� nRb Feet M.. 1 flat required) re entat,e Matting Addres$ -State.Zp etc ia6115r-th.rz Telephone No G Signature (SIgnatur 4s required) SITE AND PROJECT DESCRIPTION Total Building floor area 42 I r-, Basting Q squat Propp6ed square feet Paved Impervious Area square fee No of off-street parkin —square far 9 spaces tilf1-S'ttek- 75TH STREET NORTH NOV-01-2004 11 14 CPDC 651 P 02/02 LIBERTY VELLAGE MEMORANDUM TO. STEVE RUSSELL - CITY OF STIT TWA 1 ER FROM. LIBERTY ARCI IlTECTURAL RE\'1bw COMMTTTFF SUBJECT CONDITIONAT ARC APPROV.AI FOR CATt CRAVINGS DATE. 10/26/04 Plans submitted by Cafe Cravings for a restaurant building in Liberty Village are approved under the following conditions • All construction drawings must receive final ARC approval prior to submitting to the City of Stillwater building department for permit release • All drawings must relate color s .lections and exterior materials consistent with submittal package receiving this conditional approval. • All future signage/font choices must receive final approval by ARC prior to installation If there arc any questions regarding this conditional approval, please call me at 651-556- 4571 y omp Liberty Village ARC Administrator Homer Tompkins Liberty Village ARC President TOTAL P 02 t4nk al -chart -lure specialty millwork virtuel vision project management 118 E 26th Street Suite 300 Mpls MN 55404 P 612 879 8225 F 612 879 8152 wwwtanek coin September 27, 2004 Cravings Project Description Cravings project is designed to incorporate the imagery and mood of the small town village A significant source of inspiration for the project can be found in the small towns all along the St Croix River The Marine on the St Croix is a particular strong reference project The project is a full service restaurant with a quick service to go counter and a neighborhood type bar The exterior is based on a small scale house with grand porches and a high one and a half story restaurant area There is also a combination of outdoor dining and smaller sitting areas at the extenor of the budding We have also incorporated bike parking anticipating cyclists stopping from the near by bike trails The project is unique with an outdoor fireplace overlooking the water feature The exterior signage is inviting and friendly All mechanical equipment and venting will be concealed in the lowered roof area at the center of the building Trash will be concealed in the attached building to the north of the building Overall, the project should be a great addition to the other successful projects at Liberty Sincerely, Nathaniel Shea NCARB, A l A , Pnnctpal Tanek, Inc Z0 39tid >13NVI Z5Z86L8Z19 II II 1200Z/9Z/0Z "Tbe spirit o f a New En@(an6 Viffa@e" Prepared for: Greg Rick - Cafe Cravings On behalf of: Q`pc,EEV h P DC ot4.� CPDC --ram Cat afa PrqpatyDexicpascarpny taek 118 E. 26th Street Suite 300 Minneapolis, MN 55404 P:612-879-8225 F:612-879-8152 www. tanek. corn COVER EIMPFWV CRAVINGS - LIBERTY I hereby certify that this plan, specification or report was prepared by me or under my direct supervision and that I am a duly licensed architect under the laws of the state of minnesota. name date license number: project # scale: name: CITY REVIEW 9/24/04 T-1 dII111IIIIuIb�11. ,'',,111111I1II I :'II111'. .11,1ii1111I1111i1IIIl1 1. TiM PNT-3 41111111111111111.1TWImil a R-i ta ek PNT-2 l•, n fll,:; • t I 118 E. 26th Street Suite 300 Minneapolis, MN 55404 P:612-879-8225 F:612-879-8152 www.tanek.com ELEVATIONS _I1 Jii ■ ■ ■ I■I • ■ . ■ WEST ELEVATION ■ i mom••■•••=m•Eminnommimmnonimma NORTH ELEVATION I [ 1 R-1 PNT-2 I PNT-1 STN-1 PNT-1 CRAVINGS - LIBERTY 1 neretycertItytnatthis plan, specification or reportwas prepared by me or urclermy died supervision andthat I an a duly licensed architect rnderme laws otthe state of minnesota name date license number: project # scale: name: CITY REVIEW 9/24/04 E-2 co ee EAST ELEVATION 1 /811=1'-0' a R-1 u1•1uiiuuuuii a, �i iii hiui.n t II 1 1 • PNT-3 PNT-1 I111t /1�1 l���i�11. �'111111111111111111. A1111``1 111ll11111lu11,C..; II iii tp xi, \ I 1IN 0-, III h. .d1 1„111► 'I' ►•i. .41111111111 1� 111. .d'111111111111mil fi11!1u1111111l111.111111111► au ii SOUTH ELEVATION 1 /8'=1'-0. STN-1 c PNT-3 PNT-1 PNT-2 ..11711 dinned 1 I I I 1 1 STN-1 II1 l 1 1>f 1 taek 118 E. 26th Street Suite 300 Minneapolis, MN 55404 P:612-879-8225 F:612-879-8152 www.tanek.com PNT-2 ELEVATIONS PNT-1 CRAVINGS - LIBERTY I hereby certify thatthis plan, speclficaoon or report was prepared by me or urbermy Erect sweMsion and that) am a duly licensed architect under the laws of the st1e of minne$ota name date license number: project # scale: name: CITY REVIEW 9/24/04 E1 PLANTER 49 -4' 30'-0' PLANTER 241-0' r 3IKE PARKING -RAS L- MLA UP STORAGE V V '"- 1 WOMEN'/ - — 0 c- a A 1 1s ga WAITRESS PREP/ BAR SERVICE AREA BAH j CA6HIER BANQUET SEATING Uri 7515- iffrlieritfr itfr ❑ ❑ OPEN SEATING 4e.4‘ Aw , `_, `—, `—, , - DQ DQ 68'-4' UP T ENTRY VESTIBULE ;ERY/TO GO =T SEATING ®_ 0 r r L •*1 l J [_,DRINK COUNTER\ L 0 0 0 W fA 0 DQ 1) ❑LJ SHORT TERM SEATING 35-0' 0 M architecture specialty millwork virtual vision project management 118 E 26th Street Suite 300 Minneapolis, MN 55404 P 612-879-8225 F 612-879-8152 www tanek com cafe cravings liberty on the lake Stillwater, MN 55400 I hereby certify that this plan specification or report was prepared by me or under my direct supervision and that I am a duly licensed architect under the laws of the state of minnesota name date license number scale name city review 9/24/04 P3 i 11t ) 1�t VENUE NORTH / / / \• ANNNG AW NOONRib NO �N , \\\\ (\\L \`• `; \� G 0 rt • J!; L architecture specialty millwork virtual vision project management 118 E 26th Street Suite 300 Minneapolis, MN 55404 P 612-879-8225 F 612-879-8152 www tanek com cafe cravings liberty on the lake Stillwater, MN 55400 I hereby certify that this plan specification or report was prepared by me or under my direct supervision and that I am a duly licensed architect under the laws of the state of minnesota name date license number scale name city review 9/24/04 P1 — C 0 trio u tlire rtyiel c IIt:•Ar.:.... %MJ 14, PLANTER • FAIRY NSTFNEE s 1 L ee SHORT IEtY SEAMS / lII_ -" Cr rk �Ti �r 4 � � !I rJ� 3 w q1 #! / 4 rk Qom/ Y riu Q 11 oliD Im uni • ImW r -r architecture specialty millwork virtual vision project management 118 E. 26th Street Suite 300 Minneapolis, MN 55404 P:612-879-8225 F:612-879-8152 www.tanek.com cafe cravings liberty on the lake Stillwater, MN 55400 I hereby certify that this plan, specification or report was prepared by me or under my direct supervision and that I am a duly licensed architect under the laws of the state of minnesota. name date license number scale name city review 9/24/04 P2 LOCAL COLOR ROOFING Timberline Shingles Pewter Gray Blend COLOR OPTIONS PNT-1 Benjamin Moore Litchfield Gray HC-163 CAST STONE BASE Cultured Stone Bucks County Country Ledgestone CSV-368183 SIDING OPTIONS DETAILS CHARACTER to ek 118 E. 26th Street Suite 300 Minneapolis, MN 55404 P:612-879-8225 F:612-879-8152 www.tanek.com CRAVINGS - LIBERTY I hereby certify that this plan. specification or report was prepared by me or under my direct supervision and that I am a duly licensed architect under the laws of the state of minnesota. name date license number: material and detail CITY REVIEW 9/24/04 M-1 Benjamin Moore Mexicana 2172-30 Benjamin Moore Duxbury Gray HC-145 PLANNING APPLICATION REVIEW FORM CASE NO V/04-83 Planning Commission Date November 8, 2004 Project Location 2015 Lake Street Comprehensive Plan District Single Family Zoning District RB, BS, FP Applicants Name Tony Kirschbaum Type of Application Variance Project Description Request for a variance to construct a single family residence on a slope of greater than 12 percent with a 10 foot front yard setback, (20 feet required) on an existing lot of 13,500 square feet Discussion The request is for an existing lot of record of approximately 13,500 square feet (20,000 square feet required) It fronts on the St Croix River The ordinary high water level for the St Croix River is 675 The regulator flood elevation for this site is 694 The lot has several trees that screen the site as viewed from the river Municipal sewer and water services has recently been provided to the site Proposed Use The proposed use is for a single family residence No buildings plans have been submitted although a proposed outline building envelope, for the house is shown The building envelop is setback 10 feet from the street front and side property lines and approximately 130 feet from the normal pool level of the St Croix The river and side yard setback are met The street setback is 20 feet The Blufand/Shoreland Regulations require a setback from the bluff areas The proposed building site is located on slopes greater than 12 percent requiring a variance Variances Required Three variances are required for development of this existing lot 1 Lot size - 13,500 square feet existing, 20,000 square feet required 2 Bluff setback - proposed house construction on slope greater than 12 percent 3 Front (street) setback - 10 feet proposed, 20 feet required Attached are the required finding for a variance from the bluffland/shoreland regulations For lots of record, the emphasis is minimizing impact to the river The action by the Planning Commission is recommendation to the City Council The City Council will hold a 2nd hearing on the variance request Recommendation Approval Conditions of Approval 1 The house shall be sited in the building envelope as shown on submitted plan dated 10-24-04 by Cornerstone Land Surveying 2 The minimum of trees shall be cleared to accommodate the development as approved by the Community Development Director 3 A drainage, grading, erosion control plan shall be submitted with the building permit application (silt fence shall be installed between the building site and the St Croix River) 4 The future house shall be a natural wood color or earthtone as approved by the Community Development Director 5 This request must be certified by the Commissioner of Department of Natural Resources Attachments Application form PLANNING ADMINISTF PION 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 V Variance Resubdivision Subdivision* Comprehensive Plan Amendment* Zoning Amendment* Planning Unit Development * Certificate of Compliance The fees for requested action are attached to this application *An escrow fee is also required to offset the costs of attorney and engineering fees The applicant is responsible for the completeness and accuracy of all forms and supporting matenal submitted in connection with any application All supporting material 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 or supporting material will delay the application process PROPERTY IDENTIFICATION Address of Project a v IS a Ke Zoning District Assessor's Parcel No Zi_ 03o Zo / V. ao05 (GEO Code) Description of Project fi /o/ Poorly Am oil aciem4- G "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 witl the permit if it is granted and used " Property Owner 4A, i6,vy /e efc A,44 c/ Representative Mailing Address 017 S‹4vien.4 rr Alley Mailing Address City - State - Zip S? /I wa-/-¢ ✓, /1j!✓ O'2— City - State - Zip Telephone No 6S / W 39, O "z.1 '7 Telephone No Signature (Signat. required) Lot Size (dimensions) 69 x Land Area / , Y6(f s Height of Buildings Stoner Feet Principal Accessory / Signature (Signature is required) SITE AND PROJECT DESCRIPTION Total Building floor area % 941/ square feet Existing square feet /6 Pi Proposed / square feet Paved Impervious Area square feet No of off-street parking spaces H \mcnamara\sheiia\PIANAPP FRM May 1, 2003 ANTHONY KERSCHBAUM 2017 SCHULENBERG ALLEY STILLWATER, MN 55082 Community Development Department City of Stillwater 216 North Fourth Street Stillwater, MN 55082 Stillwater Planning Commision I request permission to build a modest single family home that respects the character and architechure of the neighborhood The site once had a home and portions of the old foundation and retaining wall still remain The home adjacent and to the north was built approximately seventeen years ago after the builder was given permission to burn down the old house that existed on his lot I wish to build a home after the old house on my lot was torn down and removed I believe the circumstances are very similar and without any relevant differences In addition, the two adjacent properties do not comply with current setback requirements Any variances I would need would require far less deviation from current requirements then the two adjacent properties I believe my proposed use would compliment and enhance the surrounding neighborhood Thank You Sincerely, Anthony Kers W aum T3N DIN 73IN rr ✓ in ✓ rta RIW RitPX RI9W OU HEM ,Its R_W RIW R'OW Vicinity Map 0 93 Scale in Feet : w...a.tw to mod a n. — wr ro>^cwn a mom ei• v.rvOtsouncto Oct.. Watopon Ountoor1 Mot pin.. lea 00.1 GYcal oleo to.=Anvlm woo VraaW 1 R 9Na Yap pr.. Poo. Sal "04• ) 41) es/ L 172 / TRAC 160 TRACT B 176 6 / I 147 6 146 6 145 41590 ) (• Pal 3 EAST39 ALDER ST > TRACT B 1-030-20-11-0016 3001 192 / 150 '0012) i2 4l»3) } y/� p92 1 53 J 9I (F0 5) s g m cP0 91 150 \E HAZEL S 04) L4 m) 105.4 1001 0 w N E 0 w w 116.0 8 60m) 12 (F002) 1360 8 46 LAKE STREET 13801 N LINE OF LOT BLK52 053 CARLI & SCHUL 52 WO DI 3 RESEpgD 13 40m) 138 0 14 dp9m1 Location Map W 20 gr. 0) w 184 1- 4:0241 130 6 3 130 1- 3 51 5 woos) LA MINN PRO7 CARLI & SCHULENB R_IW R2OW R19W R_W R_IW R2OW Vicinity Map 0 140 Scale in Feet 1le Crap It 1NCI <WPM. one ryro cne ,>M al ie tlI Th. elavainj trod be twel kw Waves* Cry a ne now• ay. part▪ -aM.a.elA9.mNo.. arm ia•30,&el Yap orMae Aupe R 2004 • e • ZONING St Croix Ri verivay Ordi Urban nance Permits District District Building permits LP Septic permits LP Grading permits LP Tree cutting permits LP Conditional use permits PH WA FD Amendments to this sub division PH WA FD Amendments to district boundary PH WA CC Plats and cluster devel opments PH WA FD Variances PH WA CC LP Permit issued by the local author ity in accordance with this subdivi sion and all other local permits CC Certification by the commissioner of natural resources prior to final local approval PH Public hearing necessary by the local authority giving 20 days notice of meeting to the commissioner of natural resources and other listed agencies FD Local authority forwards any de cisions to the commissioner of natu ral resources within the ten days after taking final action WA The commissioner of natural re sources must submit after notice of public hearing and before the local authority gives preliminary approval a written review and approval of the project e Variances Variances will be g • ed only where there are particular har ships which make the strict enforce ment of this subdivision impractical Hardship means the proposed use of the property and associated struc tures in question cannot be estab lished under the conditions allowed by this subdivision the plight of the landowner is due to circumstances unique to this property not created by the landowners after May 1 1974 and the variance if granted will not CD31 53 13 5 vaA.tti ei ce__--, § 31 1 alter the essential character of the locality Economic considerations alone will not constitute a hardship for the reasonable use of the prop erty and associated structures under the conditions allowed by this subdi vision In addition no variance may be granted that would permit any use that is prohibited in this subdi vision in which the subject property is located Conditions may be im posed on the granting of a variance to ensure compliance and to protect adjacent properties and the public interest especially in regard to the appearance of the property when viewed from the river The public ring for a variance must be held by th • . nning commission and city council set o . this section f Requirements of the applicant for a public hearing Applicant require ments for a public hearing are as follows 1 The applicant must submit suf ficient copies of the information in subsections (17)f 2 through (17)f 10 of this subdivision (sub mittal information) to the com munity development director 30 days prior to the public hearing on the application for a condi tional use variance planned unit development or subdivi sion 2 An abstractor s certificate show ing the names and addresses of all property owners within 350 feet of the affected property and any local governments within two miles of the affected property (this requirement does not apply to amendments to the text of this subdivision) as requested to the community de- velopment director 30 days prior to the public hearing on the application for a conditional use variance planned unit develop ment or subdivision SITE PLAN FOR TONY KIRSCHBAUM NORTH 0 30 60 711:111 SCALE 1 INCH = 30 FEET SITE PLAN NOTES THIS IS NOT A BOUNDARY SURVEY NO FIELD WORK WAS COMPLETED TO PRODUCE THIS SITE PLAN ALL INFORMATION SHOWN IS AT THE DIRECTION OF TONY KERSCHBAUM UNDERGROUND UTILITIES NOT LOCATED OR SHOWN EASEMENTS, IF ANY, MAY EXIST THERE WAS NO EFFORT MADE TO RESEARCH RECORDED OR UNRECORDED EASEMENTS BOUNDARY INFORMATION BASED ON CERTIFICATE OF SURVEY PREPARED BY BARRETT M STACK (WITH PERMISSION) THIS SURVEY IS SHOWN FOR REFERENCE ONLY CONTOURS SHOWN PER APRIL, 2000 WASHINGTON COUNTY ORTHO PHOTO NO FIELD WORK WAS COMPLETED TO VERIFY ELEVATIONS EXISTING LEGAL DESCRIPTION (LEGAL DESCRIPTION PROVIDED BY TONY KERSCHBAUM) The South Thirteen and one-third (13-1 /3) feet of Lot number One (1), and the North Fifty-five and Two-thirds (55-2/3) feet of Lot Number Two (2) in Block Number Fifty-two (52) of CArIi and Schulenburg's Addition tooStillwater, as surveyed and platted and now on file and of record in the Office of the County Recorder, Washington County, Minnesota Subject to reservations and restrictions as recorded in Book 55 of Deeds, Page 303 CERTIFICATION I hereby certify that this survey plan or report was prepared by me or under my direct supervision and that I am a duly licensed Land Surveyor under the laws of the e of Minnesota DANIEL L ES License No 25718 ate 10-24-22 1 t — NOTES 1 0 I I i HOUSE ; O / / //' /;2 2 N89°2500"E / /// / -, /// I , I i EXISTING FLOOD ELEVATION = 6c13 0(Ig2c1) / Ir ' 0 tD ' (O PROJECT LOCATION 201 5 LAKE STREET NORTH STILLWATER, MN 55082 0 210± / //' o w �07 ° " i'I m 7 // / ®. I 1 9 III / /ep om W, / J ono i s i1/ j • J ( ' / �f/.,/ / EXISTING ' 0 0 / GARAGE ^0 / 7 // / f j/ 1 A A A 0 5 1 a 5 s a 1 f;-FLOOD ELEVATION = 6g3 0(I612g) s° r BW., �6(18 I 186± IS89°25'00"W f I / II e II 5I� PROPOSED BUILDING ELEVATIONS BASEMENT FLOOR = 708 3 TOP OF FOUNDATION = 717 0 (9 poured) ) GARAGE FLOOR = 716 6 THE WALL SHOWN ON THIS SITE PLAN IS SHOWN FOR REFERENCE ONLY CONSULT QUALIFIED ENGINEER AS TO MATERIALS, BASE AND CONSTRUCTION GUIDELINES NO SOIL BORINGS WERE AVAILABLE FOR REVIEW TO DETERMINE IF SOILS ARE SUITABLE FOR NEW CONSTRUC PION BEFORE CONSTRUCTION CONSULT ENGINE ER AS TO METHODS OF BUILDING ON UNSTABLE SOILS • LEGEND SYMBOLS DESCRIPTION • x9850 — — —I 7% I— PROPLRTY UNE EASEMENT UNE DENOTES IRON PIPE MARKED RLS 9294 DENOTES OFFSET HUB DENOTES EXISTING ELEV DENOTES PROPOSED CONTOUR ,--- SHORELINE AS OF 10-25—g6 NORMAL POOL ELEVATION = 674 5 (Ig2g) Suite #B100 200 East Chestnut Street Stillwater MN 55082 Phone 651 275 8969 Fax 651 275 8976 dlt-csls@ mcleodusa net CORNERSTONE LANE) SURVEYING INC Memorandum To Planning Commission From Steve Russell, Community Development Director Date November 2, 2004 Subject Building Height Review The following terms are used to define height Height is easy to define on a flat lot and a building with a flat roof Unfortunately, most of Downtown Stillwater is not flat and many of the new buildings have pitched roofs These definitions are presented for Planning Commission information and discussion Height, building means the vertical dimension measured from the average elevation of the finished lot grade at the front of the building to the highest point of ceiling of the top story, is case of a flat roof, to the deck line of a mansard roof and to the average height between the plate and ridge of a gable, hip or gambrel roof (current zoning regulation) Basement That portion of a building all or partly underground, having at least one-half of its height below grade (building code) Story That portion of a building, other than a basement, including between the surface of any floor and the surface of the floor next above or if there is no floor above it then the space between the floor an the ceiling above the floor of such story (building code) Story, half A story under a gable, hip and gambrel roof of which the wall plates are no more than two feet above the floor of such story (building code) Grade The average level of the finished surface of the ground adjacent to the exterior of the building In the flood plain overly district, grade shall be the regulatory flood protection elevation * For infill development in the CBD, grade shall be the elevation of the first floor of structures next to the infill lot Slope, steep A slope greater than 24 percent as measured over a distance of 50 feet measured horizontally Zoning District Height Limits CBD 4 stories and 50 feet RA, RB, TH 2-1/2 stories and 35 feet CR 2 stories, 28 feet RCH 40 feet RCM 3 stories CA 2-1/2 stories and 35 feet PA 2 stories and 35 feet BP's 40 feet *Added for discussion 1 1305 1204 SECTION 1204, LIGHTING IBC Section 1204 4 is amended to read as follows 1204 4 Stairway illumination Stairways within dwelling units and extenor stairways shall be illuminated Stairs in other occupancies shall be governed by chapter 10 1305 1207 SECTION 1207, INTERIOR SPACE DIMENSIONS IBC Section 1207 2 is amended to read as follows 1207 2 Minimum ceiling heights Habitable spaces shall have a ceiling height of not less than 7 feet 6 inches (2286 min) Bathrooms, toilet rooms, kitchens, storage rooms and laundry rooms shall be permitted to have a ceiling height of not less than 7 feet (2134 mm) Exceptions 1 In one- and two family dwellings, beams or girders spaced not less than 4 feet (1219 min) on center and projecting not more than 6 inches (152 mm) below the required ceiling height 2 Basement rooms in one- and two-family dwellings having a ceiling height of not less than 6 feet 8 mches (2033 mm) with not less than 6 feet 4 inches (1932 mm) of clear height under beams, girders, ducts and similar obstructions 3 If any room m a building has a sloping ceiling, the prescribed ceiling height for the room is required m one-half the area thereof Any portion of the room measuring less than 5 feet (1524 mm) from the finished floor to the finished ceiling shall not be mcluded m any computation of the minimum area thereof 4 Mezzanines constructed in accordance with Section 505 1 Punch nght, insert left of IBC p 261 (Can be copied back to back with previous page ) 202 AREA See Section 2102 1 Bedded See Section 2102 1 Gross cross sectional See Section 2102 1 Net cross sectional See Section 2102 1 AREA, BUILDING See Section 502 1 AREA OF REFUGE See Section 1102 1 AREAWAY A subsurface space adjacent to a building open at the top or protected at the top by a grating or guard ATRIUM See Section 404 1 1 ATTACHMENT See Section 1913 2 2 ATTIC The space between the ceiling beams of the top story and the roof rafters [F] AUDIBLE ALARM NOTIFICATION APPLIANCE See Section 902 1 [F] AUTOMATIC See Section 902 1 [F] AUTOMATIC FIRE —EXTINGUISHING SYSTEM See Section 902 1 [F] AUTOMATIC SPRINKLER SYSTEM See Section 902 1 [F] AVERAGE AMBIENT SOUND LEVEL See Section 902 1 AWNING An architectural projection that provides weather protection identity or decoration and is wholly supported by the building to which it is attached An awning is compnsed of a lightweight ngid skeleton structure over which a cover- ing is attached BACKING See Section 1402 1 BALCONY, EXTERIOR See Section 1602 1 [F] BARRICADE See Section 307 2 Artificial barncade See Section 307 2 Natural barricade See Section 307 2 BARRIER See Section 3302 BASE SHEAR See Section 1602 1 BASEMENT That portion of a building that is partly or completely below grade (see ` Story Above Grade Plane and Sections 502 1 and 1612 2) BED JOINT See Section 2102 1 BLEACHERS See Section 1002 1 BOARDING HOUSE See Section 310 2 [F] BOILING POINT See Section 307 2 BOND BEAM See Section 2102 1 BOND REINFORCING See Section 2102 1 DEFINITIONS BOUNDARY ELEMENT See Section 2302 1 BOUNDARY MEMBERS See Section 1602 1 BRACED WALL LINE See Section 2302 1 BRACED WALL PANEL See Section 2302 1 BRICK See Section 2102 1 Calcium silicate (Sand lime brick) See Section 2102 1 Clay or shale See Section 2102 1 Concrete See Section 2102 1 BRITTLE STEEL ELEMENT See Section 1913 2 2 BUILDING Any structure used or intended for supporting or sheltenng any use or occupancy BUILDING, ENCLOSED See Section 1609 2 BUILDING LINE The line established by law beyond which a building shall not extend except as specifically pro vided by law BUILDING, LOW-RISE See Section 1609 2 BUILDING OFFICIAL The officer or other designated authority charged with the admuustration and enforcement of this code or a duly authonzed representative BUILDING, OPEN See Section 1609 2 BUILDING, PARTIALLY ENCLOSED See Section 1609 2 BUILDING, SIMPLE DIAPHRAGM See Section 1609 2 BUILT-UP ROOF COVERING See Section 1502 1 BUTTRESS See Section 2102 1 CABLE -RESTRAINED, AIR SUPPORTED STRUC- TURE See Section 3102 2 CANOPY An architectural projection that provides weather protection, identity or decoration and is supported by the building to which it is attached and at the outer end by not less than one stanchion A canopy is compnsed of a ngid structure over which a covenng is attached CANTILEVERED COLUMN SYSTEM See Section 1602 1 l � [F] CARBON DIOXIDE EXTINGUISHING SYSTEMS See Section 902 1 CAST STONE See Section 2102 1 [F] CEILING LIMIT See Section 902 1 CEILING RADIATION DAMPER See Section 702 1 CELL See Section 2102 1 CEMENT PLASTER See Section 2502 CEMENTITIOUS MATERIALS See Section 1902 1 12 2000 INTERNATIONAL BUILDING CODE® A 20z DEFINITIONS SHELL See Section 2102 1 SHORES See Section 1902 1 SHOTCRETE See Section 1914 1 SINGLE —PLY MEMBRANE See Section 15021 [F] SINGLE STATION SMOKE ALARM. See Section 902 1 SITE See Section 1102 1 SKYLIGHTS AND SLOPED GLAZING Glass or other transparent or translucent glazing material installed at a slope of 15 degrees or more from vertical Glazing material in sky lights solanums sun spaces roofs and sloped walls are included in this definition SLEEPING ACCOMMODATIONS See Section 1102 1 [F] SMOKE ALARM See Section 902 1 SMOKE BARRIER See Section 702 1 SMOKE COMPARTMENT See Section 702 1 SMOKE DAMPER See Section 702 1 [F] SMOKE DETECTOR See Section 902 1 SMOKE DEVELOPED INDEX See Section 802 1 SMOKE PROTECTED ASSEMBLY SEATING See Section 1002 1 SMOKEPROOF ENCLOSURE See Section 902 1 [F] SOLID See Section 415 2 SPECIAL AMUSEMENT BUILDING See Section 411 2 SPECIAL INSPECTION See Section 1702 1 Special continuous inspection See Section 1702 1 Special periodic inspection See Section 1702 1 SPECIAL TRANSVERSE REINFORCEMENT See Section 16021 SPECIFIED See Section 2102 1 SPECIFIED COMPRESSIVE STRENGTH OF MASON- RY (f'm) See Section 2102 1 SPIRAL REINFORCEMENT See Section 1902 1 SPIRAL STAIRWAY See Section 1002 1 SPLICE See Section 7021 SPRAYED FIRE-RESISTANT MATERIALS See Section 1702 1 STACK BOND See Section 2102 1 20 STAGE See Section 410 2 STAIR See Section 1002 1 STAIRWAY See Section 1002 1 STAIRWAY, EXTERIOR See Section 1002 1 STAIRWAY, INTERIOR See Section 1002 1 STAIRWAY, SPIRAL See Section 1002 1 [F] STANDPIPE SYSTEM, CLASSES OF See Section 9021 Class I system See Section 902 1 Class H system See Section 902 1 Class III system See Section 902 1 [F] STANDPIPE, TYPES OF See Section 902 1 Automatic dry See Section 902 1 Automatic wet See Section 902 1 Manual dry See Section 902 1 Manual wet. See Section 902 1 Semiautomatic dry See Section 902 1 STEEL CONSTRUCTION, COLD FORMED See Section 2202 1 STEEL JOIST See Section 2202 1 STEEL MEMBER, STRUCTURAL See Section 2202 1 STEEP SLOPE A roof slope greater than two units vertical in 12 units honzontal (17-percent slope) STIRRUP See Section 2102 1 STONE MASONRY See Section 21021 Ashlar stone masonry See Section 2102 1 Rubble stone masonry See Section 2102 1 [F] STORAGE OF HAZARDOUS MATERIALS See Section 415 2 STORY That portion of a building included between the upper surface of a floor and the upper surface of the floor or roof next above (also see Basement and Mezzanine') It is measured as the vertical distance from top to top of two successive tiers of beams or finished floor surfaces and for the topmost story, from the top of the floor fimsh to the top of the ceiling joists or, where there is not a ceiling to The top of the roof rafters STORY ABOVE GRADE PLANE Any story having its finished floor surface entirely above grade plane except that a basement shall be considered as a story above grade plane where the finished surface of the floor above the basement is 1 More than 6 feet (1829 mm) above grade plane 2 More than 6 feet (1829 min) above the finished ground level for more than 50 percent of the total building penmeter, or 2000 INTERNATIONAL BUILDING CODE® DEFINITIONS 3 More than 12 feet (3658 nun) above the finished ground level at any point STRENGTH See Section 2102 1 Design strength See Section 2102 1 Nommal strength See Sections 1602 1 and 2102 1 STRENGTH DESIGN See Section 1602 1 STRUCTURAL CONCRETE See Section 1902 1 STRUCTURAL GLUED -LAMINATED TIMBER See Section 2302 1 STRUCTURAL OBSERVATION See Section 1702 1 STRUCTURE That which is built or constructed SUBDIAPHRAGM See Section 2302 1 [F] SUPERVISING STATION See Section 902 1 [F] SUPERVISORY SERVICE See Section 902 1 [F] SUPERVISORY SIGNAL See Section 9021 [F] SUPERVISORY SIGNAL -INITIATING DEVICE See Section 902 1 SWIMMING POOLS See Section 3109 2 T RATING See Section 702 1 TECHNICALLY INFEASIBLE See Section 1102 1 TENDON See Section 1902 1 TENT Any structure enclosure or shelter which is con structed of canvas or pliable matenal supported m any man- ner except by air or the contents it protects THERMOPLASTIC MATERIAL See Section 2602 1 THERMOSETTING MATERIAL See Section 2602 1 THROUGH -PENETRATION See Section 7021 THROUGH PENETRATION FIRESTOP SYSTEM See Section 702 1 TIE, LATERAL See Section 2102 1 TIE, WALL See Section 2102 1 TIE DOWN (HOLD DOWN) See Section 2302 1 TILE See Section 2102 1 TILE, STRUCTURAL CLAY See Section 2102 1 [F] TIRES, BULK STORAGE OF See Section 902 1 [F] TOXIC See Section 307 2 TREATED WOOD See Section 23021 TRIM See Section 802 1 [F] TROUBLE SIGNAL See Section 9021 202 UNDERLAYMENT See Section 1502 1 [F] UNSTABLE (REACTIVE) MATERIAL See Section 3072 Class 4 See Section 307 2 Class 3 See Section 307 2 Class 2 See Section 307.2 Class 1 See Section 307 2 [F] USE (MATERIAL) See Section 415 2 VAPOR RETARDER A matenal having a permeance rat ing of 1 0 perm or less when tested in accordance with ASTM E 96 such as foil plastic sheeting or insulation fac- ing installed to resist the transmission of water vapor through the extenor envelope VENEER See Section 1402 1 VENTILATION The natural or mechanical process of sup plying conditioned or unconditioned air to or removing such air from any space [F] VISIBLE ALARM NOTIFICATION APPLIANCE See Section 902 1 WALKWAY, PEDESTRIAN A walkway used exclusively as a pedestrian trafficway WALL See Section 2102 1 Cavity Wall See Section 2102 1 Composite Wall See Section 2102 1 Dry -stacked, surface -bonded wall See Section 2102 1 Masonry -bonded hollow wall See Section 2102 1 Parapet wall See Section 2102 1 WALL FRAME See Section 2102 1 WALL, LOAD BEARING See Section 16021 WALL, NONLOAD BEARING See Section 16021 [F] WATER REACTIVE MATERIAL See Section 307 2 Class 3 See Section 307 2 Class 2 See Section 307 2 Class 1 See Section 307 2 WEATHER -EXPOSED SURFACES See Section 2502 WEB See Section 2102 1 [F] WET CHEMICAL EXTINGUISHING SYSTEM See Section 902 1 WHEELCHAIR SPACE See Section 1102 1 WHEELCHAIR SPACE CLUSTER See Section 1102 1 WIND BORNE DEBRIS REGION See Section 1609 2 WIRE BACKING See Section 2502 2000 INTERNATIONAL BUILDING CODE® 21 J Memo To Planning Commission From Steve Russell, Community Development Director Date November 3, 2004 Subject Nonconforming Section of Zoning Ordinance The state recently passed a new statute that allowed nonconformities to continue under certain conditions The new language is attached along with the current city zoning regulations In addition to the general nonconformity section, the Bluffland/Shoreland and Flood Plain District regulates nonconformity It is suggested that in the overlay district areas, the existing bluffland/shoreland and flood plain regulations remain in effect Recommendation Review nonconformity language and set for public hearing at commission's December meeting p • ZONING requirements of the next least restricted residential zone, provided that the area, height and other restrictions of the zone district in which it is located are met (3) Lots in business or industrial districts adjacent to a residential zone Where a lot in a business or industnal distnct abuts a lot in a residential district, there shall be provided along the abutting lines a yard equal in width or depth to that required in the residential district (4) Front yard transition Where the frontage on one side of a street between two inter secting streets is zoned partly as residen tial and partly as business or industrial the front yard depth in the business or industrial district shall be equal to the required front depth of the residential district (5) Corner lot transition On every corner lot in a residential district, there shall be provided on the side street a side yard equal in depth to the required front yard depth on the side street (6) Parking lots and driveways abutting res zdential districts Whenever a parking lot or dnveway to a parking lot is established in other than a residential district so as to abut the side or rear line of a lot in a residential distnct, a solid masonry wall or a substantial sightly fence not less than six feet high and not more than eight feet high, shall be constructed and main tamed along the side or rear lot line up to, but not beyond, the setback building line In addition, in all use distncts, the light ing, including any permitted illuminated sign, on any parking lot or dnveway shall be arranged so that there will be no glare directed or reflected toward a residence building or residential districts (7) Reversed corner lot abutting residential district In the case of a reversed corner lot where the rear of a lot in a commercial distnct abuts upon the side of a lot on any residential district there shall be a rear yard of not less than 25 feet, provided further that where a public alley at least Supp No 10 6/ j n n 1 1,e-ell A § 31 1 25 feet in width separate the rear of the lot in the commercial distnct and the side of the lot in the residential district, no $-shale required uses The lawful use tire or land may be the use does not conform with the provisions hereof, provided the following con ditions are met CD31 9 (1) Alterations A nonconforming building or structure may be altered, improved or reconstructed, provided the work does not exceed in aggregate cost 50 percent of the replacement cost of the building or struc ture at the time the alteration is proposed to be made (2) Extension A nonconforming use shall not be extended to any portion of a noncon forming building or structure (3) Changes No nonconforming building, structure or use shall be changed to an other nonconforming use (4) Restoration Nothing in this section shall prevent the reconstruction, repairing re building and continued use of any noncon formmg building or structure damaged by fire collapse, explosion or acts of God, provided the expense of the work does not exceed 50 percent of the replacement cost of the building or structure at the time the damage occurred (5) Wear and tear Nothing in this section shall prevent the reconstruction, repair ing or rebuilding of a nonconforming build ing, structure or part thereof, rendered necessary by wear and tear, deterioration or depreciation, provided the cost of the work shall not exceed 50 percent of the replacement cost of the building or struc ture at the time the work is done, nor prevent compliance with the provisions of the building code relative to the mainte nance of buildings or structures (6) Abandonment A nonconforming use of a building or premises which has been aban § 31 1 STILLWATER CODE doned shall not thereafter be a lawful nonconforming use A nonconforming use shall be considered abandoned a When the intent of the owner to discontinue the use is apparent or one year after the use is discontin ued b When the characteristic equipment and the furnishings of the noncon forming use have been removed from the premises and have not been re placed by similar equipment within one year c When it has been replaced by a con forming use d When it has been changed to an other use under permit from the city council (7) Displacement No nonconforming use shall be extended to displace a conforming use (8) Cessation junk and wrecking yards No junk or automobile wrecking yard, not within an enclosed masonry building and not within a heavy industrial or unre stncted industrial distnct shall be oper ated or maintained for more than six months after a zoning change to a use district within which such yard is not permitted (9) Unlawful use not authorized Nothing in this section shall be interpreted as autho nzation for or approval of the continuance of the use of a building or premises in violation of zoning law (10) Certificate of nonconforming use The build ing official shall issue a certificate of non conforming use to all owners of property, the use of which does not conform to the provision of the use zone in which the property is located In accordance with the provisions of this section, no use of land, buildings or structures shall be made other than as specified in the certificate of nonconforming use unless the use shall be in conformity with the provisions of the use zone in which the property is located A copy of each certificate of nonconform ing use shall be kept on file in the office of the building inspector, and no permit or license shall be issued to any property for which such a certificate has been issued until the permit or license has been ap proved by the city council (11) District changes Whenever the bound apes of a distnct are changed to transfer an area from one district to another dis tact of a different classification the pro visions of this subdivision shall also apply to any use that becomes nonconforming thereby Subd 10 Use distracts The city is hereby divided into use districts v.hich shall be known as follows (1) RA one family districts (2) RB two family districts (3) RCL low density multiple family resi dence district (4) RCM medium density multiple family res idence district (5) RCH high density multiple family resi dence district CA general commercial CBD central business district PA -public administrative office distnct BP-C business park - commercial district (6) (7) (8) (9) (10) BP-0 business park - office distnct (11) BP I business park - industnal (12) FP floodplain overlay distnct (13) CRD campus research distnct (14) BS bluffland/shoreland overlay district (15) VC village commercial distnct (16) PWFD public works facility district (Ord No 909, § la), 8 7 01) Supp No 10 CD31 10 r nonconformities Page 1 of 1 Steve Russell From Grundhoefer Tom [tgrundho©Imnc org] Sent Tuesday November 02 2004 3 50 PM To Steve Russell Subject nonconformaties Subd le Nonconformities Any nonconformity, including the lawful use or occupation of land or premises existing at the time of the adoption of an additional control under this chapter, may be continued, including through repair, replacement, restoration, maintenance, or improvement, but not including expansion, unless (1) the nonconformity or occupancy is discontinued for a period of more than one year, or (2) any nonconforming use is destroyed by fire or other peril to the extent of greater than 50 percent of its market value, and no building permit has been applied for within 180 days of when the property is damaged In this case, a municipality may impose reasonable conditions upon a building permit in order to mitigate any newly created impact on adjacent property Any subsequent use or occupancy of the land or premises shall be a conforming use or occupancy A municipality may, by ordinance, permit an expansion or impose upon nonconformities reasonable regulations to prevent and abate nuisances and to protect the public health, welfare, or safety This subdivision does not prohibit a municipality from enforcing an ordinance that applies to adults -only bookstores, adults -only theaters, or similar adults -only businesses, as defined by ordinance This email has been scanned by the MessageLabs Email Security System For more information please visit http //www messagelabs com/email 11/2/2004 Palo cAlto Single Family Individual *view Guidelines Prepared for the City of Palo Alto Planning Division November, 2001 CITY OF PALO ALTO Department of Planning and Community Environment 250 Hamilton Asenue Palo Alto, CA 94301 Phone (650) 329 2441 Fax (650) 329 2154 Memorandum To: Planning Commission From: Steve Russell, Community Development Director Date: November 2, 2004 Subject: Building Height Review The following terms are used to define height. Height is easy to define on a flat lot and a building with a flat roof. Unfortunately, most of Downtown Stillwater is not flat and many of the new buildings have pitched roofs. These definitions are presented for Planning Commission information and discussion. Height, building means the vertical dimension measured from the average elevation of the finished lot grade at the front of the building to the highest point of ceiling of the top story, is case of a flat roof, to the deck line of a mansard roof and to the average height between the plate and ridge of a gable, hip or gambrel roof (current zoning regulation). Basement. That portion of a building all or partly underground, having at least one-half of its height below grade (building code). Story. That portion of a building, other than a basement, including between the surface of any floor and the surface of the floor next above or if there is no floor above it then the space between the floor an the ceiling above the floor of such story (building code). Story, half. A story under a gable, hip and gambrel roof of which the wall plates are no more than two feet above the floor of such story (building code). Grade. The average level of the finished surface of the ground adjacent to the exterior of the building. In the flood plain overly district, grade shall be the regulatory flood protection elevation.* For infill development in the CBD, grade shall be the elevation of the first floor of structures next to the infill lot. Slope, steep. A slope greater than 24 percent as measured over a distance of 50 feet measured horizontally. Zoning District Height Limits CBD 4 stories and 50 feet RA, RB, TH 2-1/2 stories and 35 feet CR 2 stories, 28 feet RCH 40 feet RCM 3 stories CA 2-1/2 stories and 35 feet PA 2 stories and 35 feet BP's 40 feet *Added for discussion TABLE OF CONICNIS I INFRODUC 1IO\ A Ovc rrieu of the Single 1 antis Indn :dual Ret:eu C uidelines B Intent of the Guidelines C Indn:dual Bel iew Process Applicability D Application of ( uidelnies—Indn:dual Review Process 11 GUIDELINES FundlmentiI Guideline # 1 Guideline #2 fundament'l Guideline #3 Gutdehne #4 Guideline #5 Gutdc line #6 Guideline #7 Fundamental Guideline #8 Guideline #9 Guideline #10 Principle Privacy Second ston VVtndow Placement Second ston Balconies and Decks Principle Mass and Scale The Scale of Neu Hornes and Additions The Height of New Homes and Additions Front Facades of Neu Hornes and Additions Sunlight Orientation of New Homes and Additions Roof Profiles of New Hornes and Additions Prinuple Streetscape Setbacks and Overall Composition Entry Features Garages and Dnveways III APPENDIX A Individual Renew Process and Flowchart 13 Individual Pevtew Checklist C Glossary PAGE 2 3 3 3 5 6 7 8 9 10 11 12 13 14 15 16 17 18 21 23 PALOALTO SINGLE FAMILY INDIVIDUAL REAIEv GUIDELINES PAGE I I INTRODUCTION A OVERVIEW OF fHE SINGLE FAMILY INDIVIDUAL REVIEW GUIDELINES All new home cons ruction must conform to the requirern( nts of the. Single Family R 1 Zone District Regulation, (Chapters 18 1 of the P ilo Alto Municipal Code) The Zoning Guidebook for the R 1 Property Owner and Builder provides a written summ try V1ith illustrations of tho e regulations Chaptei 18 14 establish( s an Individual Review process The Single Family 1-idn icual Review Guidelines address second story issues specifically related to th( relationship to adja, ent properties and ncighbo hood pattcrns and do not apply to single story houses of first story additions Fhc Guidelines address the Individual ReN iew Prou ss The second story threshold is not meant to discourage two story homes Rather, it is an acknowledgement that two story homes have gicater potential to significantlti affect the pin a( s of adjacent horeowners and tl e perzened sense of neighboihood scale The Guidelines do not pi escribe a specifie architectural st ale or design program Within Palo Alto neighborhoods, there arc man diverse styles and each rc sidential lot presents i unique situation 1 he Guidelines acknowl( dge that change occuis and that individual homeowners should have the opportunity to build, expand or remodel o meet their o11 n needs and objertives However, such change should respect the adjacent hDineo vners and surrounding neighborhood context The goals , nd purpost s of tie Individual Re new process are as follow s • Preserve tlu unique character of PaloAlio neighborhoods • Promote new construction that is compatible 'with c,tstin€ residential ize►ghborhoods • Encoarage respect for the surrounding context in which residential consti'action and tilteration takes place • Foster consideration of neighbors concerns with respect to prrvac), scale and massing, and strcetscape, and • Enab'e the eirreir,ence of nei► neighborhood design patterns that reflect mwareness of each piops rtys effect upon neighbortric prorrtics PALOALro SIM LE rANILY INDiVIDLAL RE%IFW GUIDELINES PAGE 2 B INTENT OF THE GUIDELINES These Guidelines and associated changes to the R 1 Single 1 am►ly zone districts vv ere developed after extensive discussion by the Future of Single Family Neighborhoods Advisory Group, a diverse citizens group representing a va iety of opinions and Palo Alto neighborhoods Three fundamzntal issues were identified by the Advisory Group and forin the core of the guidelines privacy massing and sc Ile, and streetscape A definition and policy statements supporting each of the core issues precedes the applicable sections of the guidelines fhe goal of the Single Family Individual Review Guidelines is to ensure that new and remodeled two story homes respect their neighbors both functionally and aesthetically fhe Guidelines arc intended to help maintain the unique quality of Palo Alto neighborhoods by providing guidance for the sensitive treatment of priv acy massing, and streetscape issues Who should use the Guidelines? • Homeowners • Builders, architects, and other design professionals • Neighborhood residents • City Staff C INDIVIDUAL REVIEW PROCESS APPLICABILITY These Guidelines apply to the following typcs of construction • New two story homes • New second story additions to an existing one story home • Lxpansion of an existing second stop that exceeds 150 square, feet The Individual Review process is outlined in Appendix A Please see associated material regarding the Individual Reviem Process, available from the Planning Division, for a complete explanation D APPLICATION OF THE GUIDELINES — INDIVIDUAL REVIEW PROCESS New two story houses are expected to meet each of the Palo Alto Single Family Individual Review Guidelines However, if the owner, architect, or design( r believes that the techniques (possible solutions to address the intent of the Guidelines) included in this document do not adequately address the needs of a particular house design, they have the opportunity as part of the Individual Review Guidelines Checklist (see Checklist example on pages 21 and 22) to articulate why the standard does not apply in a particular context or provide an alternative solution that addresses the intent of the guidelines PALOAL1O SINGLE FAMILY INDIVIDUAL REbIEv. GUIDELINES PAGE 3 New second story additions or sccorzd stor) expansions greater than 150 square feet to existing second stories will be rei,ieu ed in the context of the magnitude of the proposed changes As an example, the guidelines relating to pinac} considerations would tJ pzcally be the prnnar} focus of ►ct,iew for an expansion to an existing second story The guidelines do not prescribe a specific architectural st1e of design program Guidelines for new second story additions do, hoNnever, encouiage sensitivity to the Existing style of the house, windov% patterns and roof forms Use of the Illustrations in the Individual Review Design Guidelines • The illustrations provided in the guidelines me scheinatzc and intended to show the intent of the G uidelines • The illustrations are not intended to dictate a particular architectural st)le or design program PALO ALTO SINGLE FAMILY INDIVIDUAL RrV1EW GUIDELINCS PAGL 4 II GUIDELINES FUNDAMENTAL PRINCIPLE PRIVACY The Guidelines expect that home design will be sensitive to privacy for both the proposed house and adjacent neighbors The placement of second -story windows and balconies are particularly important aspects of privacy considerations PRIVACI Definition A reasonable expectation that personal activities conducted tt 'thin and around ones home still not be subject to casual or Involuntary observation b) others Pohc% Statements I Provide a reasonable level of pnvac) on each single family lot by reducing the opportunities for individuals to be casualh observed by others tthen engaging in activities within or around ones home (see text of the Comprehensive Plan Land Use and Community Design Clement Goal L 3 in the Land Use) 2 Acknowledge that complete or absolute pnvac) is not a realistic expectation. 3 Minimize intrusions on pnvacy for adjacent houses primary patio or outdoor living area(s) 4 New construction should recognt a the pre existing privacy situation PALO AI 10 SINCLE FAMILY INDIVIDUAL REVIEW GUIDELINES PAGE 5 w at 1 PRIVACY SECOND STORY WINDOW PLACEMENT Guideline #1 Place second -story uzndou's to respect pinacv between propertzes Privacy from second floor windows may be maximized b) employing one or more of the following techniques I Offset of stagger windows facing neighbor's windows z Use clerestory windows or locate the w indows high enough to interrupt direct sight lines to neighbors' windows or patios 3 Use translucent glass In addition, using landscaping to proNide a buffer between properties is encouraged PALO ALTO SINGLE FAMILY INDIVIDUAI REVIEW GUIDELINES PAGE 6 i Preferred Avoud PRIVACY SECOND STORY WINDOW PLACEMENT Guideline #2 I ocate second story balconies or decks to minimize the loss of privacy for neighboring prope►ties Pnvac% from balconies and dccks may be maximized b‘ the following techniques 1 Screen second story balconies and decks from ncighbonng property by incorporating architectural elements such as enclosing walls 2 Locate second story balconies and decks to avoid direct sight lines from the deck to the neighbor's main windows or patio areas 3 Incorporate screening devices such as trellises or awnings to increase pnvacy PALO ALTO SINC LC FAMILY INDIVIDU4L REVIEW GUIDELINES PACE 7 FUNDAMENTAL PRINCIPLE MASS AND SCALE The overall massing of new hones and second -story additions should be compatible with the adjacent houses and the predominant neighborhood scale On streets whet single story houses or small two story houses at e the predominant block pattern, a new two-story house or second -story addition may require some special attention to reduce the massing and perceived sense of bulk \IASSIrG Definition The sense of bulk size and shape of a structure usually perceived by reference to the surrounding space nearby structures and natural features such as trees Policy Statements 1 Maintain the scale and character of the City Avoid land uses that are oserwhelming and unacceptable due to their size and scale (adaptltton of Compiehensise Plan Land Use and Community Design Element — Policy L 5) 2 Provide a coherent sense of scale that addresses the relationship of vanous parts of the environment to each other to people and the limits of perception (see text of Land Use and Community Design Element of the Comprehensive Plan Policy L 5) PALO ALIO SINGLE FAMILY INDIVIDUAL REVIEW GUIDEI INES PAGE 8 New Addition gi MASS AND SCALE THE SCALE OF NEW HOMES AND ADDITIONS Guideline #3 a) Be sensitive to the predominant neighborhood scale when planning a nett two-story house o, second -story addition b) Balance the overall form, mass and composition of a new second story addition with the existing building Massing bulk may be reduced by employing one or more of the following techniques i Reduce the apparent size of a two story building by incorporating dormer windows and lowering the height of the second story roof 2 Divide the building mass by using smaller building elements 3 Set the second story back from the front of the house 4 Place second story mass tos and the center of the property New Home Existing Home PALO ALTO SINGLE FAMILY INDIVIDUAL REVIEW GUIDELINES PAGE 9 Preferred Avoid MASS AND SCALE THE HEIGHT OF NEW HOMES AND ADDITIONS Guideline #4 Be sensitive to the existing neighbor hood height panel and particula►4 the height of adjacent houses when planning a new two story house or second -stork addition Blending the height of a new house or second story addition with neighboring houses may be achieved by the following techniques i Incorporating a height that is consistent with the neighborhood patterns 2 Reduce plate heights of second story walls by "clipping" ceilings to allow typical ceiling height without increasing plate height 3 Reduce mass of second story PALOAL-10 SINGLE FAMILY INDIVIDUAL REVIEW GUIDELINES PAGE 10 v I Preferred Avoid MASS AND SCALE FRONT FACADES Guideline #5 a) Monde a f►ont facade with visual interest, a sense of human scale, and visual focal points that complement the overall design and enhance the residential scale b) Carefully compose window locations, patterns, proportions, and shape when planning a second -story addition Enhancing residential scale and proportion mad be achieved by employing the following technique I Incorporate streetscape elements, such as entry forms and bay windows, chimneys, garden walls, and similar architectural elements to create visual interest (Avoid using too many different design elements that create visual chaos ) PALO AL10 SINGLE FAMILY INDIVIDUAL REVIEW GUIDELINES PAGE II 0 MASS AND SCALE SUNLIGHT ORIENTATION Guideline #6 Respect the solo► orientation of the adjacent neighbors' houses and yaads Plan a new two story home or second story addition to minimize shadowing on adjacent properties Sensitivity to solar orientation may be achieved by employing the folloviing technique i Locate taller sections of homes vihere they minnnve sunlight obstructions to adj icent houses r'N + + + PALOALTO SINGLE FAMILY INDIVIDUAL REVIEW GUIDELINES PAGE 12 Preferred Preferred Avoid MASS AND SCALE ROOF PROFILES Guideline #7. a) Incorporate roof profiles that effectively mediate the house's scale and proportions b) For a home addition, match or complement the existing zoof The roof design can effectively moderate the house's scale and proportion b) the following techniques I Incorporate a consistent roof slope throughout 2 Articulate the roof into primary and secondary roof forms 3 Make/use roof slopes and materials consistent with the building style PALO ALTO SINGLE FAMILY INDIVIDUAL REVIEW GUIDELINES PAGE 13 FUNDAMENTAL PRINCIPLE STREETSCAPE Neighborhood patterns are defined by existing setbacks, heights, entry ways and porches, garages, roofs, and fields of view The Guidelines expect a neighborhood pattern based on the community desire to preserve a sense of massing, scale, and spatial openness within neighborhoods STREETSCAPE Definition The overall impression nude by the design arrangement and relationship of structures landscaping and open space on a block or in a neighborhood Policy Statements 1 Preserve the character of residential neighborhoods by encouraging new or remodeled structures to be compatible with the neighborhood and adjacent structures (Land Use and Community Design Element — Policy L 12) 2 Acknowledge that there are many eclectic and doerse streetscapes and compatibility may be based pnmanly on massing and pattems of spatial openness 3 Provide pedestrian oriented features on residences that address the street (adaptation of Program L 11 of the Land Use and Community Design Element of the Comprehensive Plan) PALO ALTO SINGLE FAMILY INDIVIDUAL REVIEW GUIDELINES PAGE 14 a New b a ' b 1 I 1 a ' b Avoid a STREETSCAPE SETBACKS AND OVERALL COMPOSITION Guideline #8 a) Respect the side setback pattern of the neighboring houses b) Balance the scale of a new two-story house or second story addition with its site Blending the setbacks of a new house may be achieved by employing one or more of the following techniques I Incorporate side setbacks for new construction and second story additions that are consistent with the neighborhood pattern$ 2 Maintain the existing pattern on the lot Note [he Single Family (R 1) Zone District ordinance regulates minimum setbacks PALOALTO SINGLE FAMILY INDIVIDUAL RL\'IE % GUIDELINES PAGE 15 Guideline #9 Integrate entry features into the overall building design that are well -related to the surrounding properties in terms of scale and propor troll In general, entry ways and front porches are desirable elements In a neighborhood with front porches, it is preferable to build a house with a front porch In a neighborhood, such as an Eichler neighborhood, where there are no front porches, a front porch can be disruptne to the neighborhood pattern Integrating the entry design into the overall building design may be achieved by employing one or more of the following techniques i Incorporating pedestrian scaled entry w ay features 2 Entry courtyards or recessed entries it' .r:'N r-I STREETSCAPE ENTRY DESIGN PAI 0 ALTO SING Li- FAMILY INDIVIDUAL REVIEW GUIDELINES PAGE 16 New STREETSCAPE GARAGES AND DRIVEWAYS Guideline #10 Design garages and driveways to mitigate them visual impact on the street and so that they are subordinate to the house, landscape, and pedestrian entrances Garages are important in defining the character of a house and the street Palo Alto has many examples of garage locations which include front attached garages, attached, and detached rear garages Whcn garages are added or relocated as part of an addition, the final Iocntion and configuration is an important consideration In general, the garage additions and relocations should respect the neighborhood pattern Integrating the garage Into the surrounding context mriy be achieved by employing one or more of the following techniques I New garages should follow the setback and location of neighboring houses 2 Incorporate garage doors that are compatible with the architectural style of the house and/or contnbute to the house's aesthetic character 3 If a new or expanded attached three car garage is proposed, it is a good idea to either turn the garage sideways to the street, configure it as two tandem spaces and one single space, or split and offset as two distinct garages a two car garage and a one car garage PALO AL10 SINGLE FAMILY INDIVIDUAL REVIEW GUIDELINES PAGE 17 11I APPENDIX APPENDIX A INDIVIDUAL REVIEW PROCESS AND FLOWCHART I PRELIMINARI NIEETING(S) WITH NEIGHBORS Staff strongh recommends discussing preliminary plans with your neighbors prior to submitting an application 2 PRELIMINARI 1IEETING(S) WITH PLANNING STAFF Nor to application 1,ou should discuss your project with the Cit) s planning staff The) will answer questions about zoning regulations and the review process and explain submittal requirements 3 INDIVIDUAL REVIEW PROCESS APPLICATION • Notice of an "Opportunit) to Comment w ill be mailed to adjacent property owners and site posted ' by applicant within three days Adjacent properties are those sharing a property line or across the street Plans will be aN ailable at Development Center for review -Public comment period is 10 calendar days 4 SIANF REVIEW • PI inning Division staff meets w ith applicant to discuss review of the proposal Staff will have conducted R 1 `plancheck, reviewed the Guidelines checklist and neighbors comments prior to meeting date Meeting may include City's consulting architect(s) • Director s Decision (approval approval with conditions or denial) sent to applicant, adjacent neighbors and those requesting notification -If there is no request foi a Directors Hearing (see below) the decision is final on the 11 th calendar day after it is mailed 5 DIRECTOR'S HEARING • Hearing can be requested by applicant or adjacent neighbor • If a hearing is requested, then the applicant or neighbor may also request mediation Director's Hearing is deferred a maximum of two weeks Maximum of two mediation sessions PALO ALTO SINGLE FAMILY INDIVIDUAL REVIEW GLIDELINLS PAGr i8 If issues are resolved the request for Directors Hearing is withdra« n • Notice of Director's Hearing mailed and site `posted VI, ith information on date and location of the hearing The hearing is focused on R 1 Regulations, the Individual Review Guidelines ' and neighbors' concerns related to these issues • Director's decision, following hearing, sent to applicant adjacent neighbors and those requesting notification Director's decision is final on the l 1 th calendar day after it is mailed if no City Council appeal has been filed 6 CITY COUNCIL APPEAL A request for a City Council hearing must be filed IAithin ten days of mailing of Directors decision Appeal will be heard if at least four members of the CIt} Council vote in favor of a heanng 7 71MEI INE Without optional hearing, decision «ithin appioximately 30 40 days With optional hearing decision v,ithin approximately 50 60 day s (end of appeal period) PAI 0 ALTO SINGLE FAMII Y INDIVIDUAL REVIEW GUIDELINES PAGF 19 Individual Review Process Decision and Appeal Process I lou chart Application Submitted Director's Decision No request for Hearing within eleven dins Hearing Requested Decision Final Optional Issue Resolved Request for Hearing withdrawn Mediation \ II Decision Final Issue Not Resolved Director's Hearing No request filed u ithin eleven days and Decision \ Appeal Requested Request to hear appeal denied ® Decision Final City Council Hearing ® Decision Final ® Decision Final PALOALTO SINGI r FAMILY INDIVIDUAL REVIEVA GUIDELINES PAGE 20 APPENDIX B INDIVIDUAL REVIEW CHECKLIST CITY OF PALO ALTO DEPARTMENT OF PLANNING AND COMMUNTIY ENVIRONMENT GUIDELINE CHECKLIST SINGLE FAMILY INDIVIDUAL REVIEW PROCESS This worksheet is designed to help horn owners builders archit cts design professionals and neighbor- hood residents apply the Single Family Individual Review Guidelin s to a particular project and neighbor hood. Individual Review is required only for new two-story houses, new second stories and second story expansions exceeding l50 square feet For the applicant, completing this checklist Will help you to explore important design considerations as you prepare your project for individual Review The checklist can also pro% ide an opportunity for adjacent property owners to record their continents regarding the proposed project 1t is Important that you also review the Palo Alto Zoning Guidebook for the R 1 Property Owner and Builder mailable at the Development Center PROJECT INFORMATION Applicant s name Project address Scope of Project 0 New house 0 2" Ston Addruon 0 2"' Story Addition over 150 SF is house on a comer lot? 0 Yes 0 No Is house in a Flood Harald Area" 0 Yes 0 No Which dire lion is North? ❑Left ❑Right °Front ❑Rear ❑Leff rear ❑Right rear °Left front ❑Right front PRIVACY Guideline #1 How are second story windows placed to respect privacy between properties" ❑ Offset or stagger the windows facing neighbors windows ❑ The use of clerestory windows or windows located high enough to lessen the pnvacy impact 0 The use of translucent glass 0 Other (please explain) 0 Gmd line does not apply (please explain) Single Family lads idual Revs w C heclhst No cab r 001 Guideline N2 How will second story balconies or decks be located to minimize the loss of prhacy for neighboring properties ❑ Fnclmmg ss ells or s radar architectural frames incorporated into the deck design ❑ Th d k location n pulled w y from s d F,vp.ity brie 0 Lotat tg th balcony to lanmat direct n Ime I ghbo uv dow or patios 0 Th us of screening de ors has tretl nes or wrung, 0 Othe (pleas xpl m) ❑ Ou delm does not pply (pl as explain, MASS AND SCALE Guideline #3(a) What method will be used In the design of a two-story house or second story addition sensitise to the predominant neighborhood scale? 0 By the use of dormer windows 0 Low nog the he ght of the econd tory roof 0 Dry dug up the ram by the to of smaller budding el meats 0 Set beck the second -stay from the fr m f the home 0 Other (please explain) 0 Guideline does not apply (please explain) Culdellne #3(b) How will the new second story addition balance the oserall form, mass and compost thin of the exksUng building" ❑ By the use of dormer vindows 0 Lowering the height of the second-stcn roof 0 Dividing up the mass by incorporabns smaller building elements 0 Setback the second -story from the front (the house 0 Other (please explain) 0 CM delete does not pply (pl as explami Guideline #4 What method Is used to make the new two-story home or second story addition send the to the existing neighborhood height pattern particularly the height of adjacent houses" 0 A budding he ght that is onsistent with the ne ahborhood pattern 0 Reduced plate heights of second stop alls 0 Reduction of econd tory mas 0 Other (pleas expl m) 0 Chi deluxe does not apply (please explain) Guidellne#5(a). How Is the front facade designed that will provide a visoal Interest, a sense of human scale and a shoal focal point that complements the overall design and enhances the residential scale? O Entry f rats ❑ Bay windows O Chimneys. ❑ Garden Walls O Other (pleas explain) ❑ Gu delete does rmt pply (pl as explain) Smgl Family Individual Review Checklist Novemb r 2001 PALOALTO SINGI E FAMILY INDIVIDUAL REVIEW GUIDELI\ES PAGE 2I Culdellne#5(b). Si hat method b used to compose second story window locations, patterns proper lions, and shapes/ ❑ Entry form ❑ Bay vs m low ❑ Clmmnep ❑ Garden halls C Other (please explain! ❑ Guideline does not apply (plea e xplam) Culdellne #G How Is the solar orientation of the adjacent neighbors houses and yards respected G Tall t ins of b Idag locat.d to m ann ae unl ght oketni n m to di a a houses ❑ Other (pleas spline) ❑ Gwd h doe n t pply (pl as pion) Guideline tr7(a) How does the roof profile effectively mediate the house s scale and proportion ❑ lraorpo at a consist nt oof lope tluougho t O Are tat the roof no pnmary and secondary roof fors ❑ Make use roof sl pes and mat nuts cones teat with th Wilding style ❑ Other (please xplam) O Curd Im does not apply (pleas xplau ) Culdellne #7(b) ii hat method Is used to complement the new roof with existing roof" O Incorpo at consist nt root I pe throughout ❑ Aro ulat the roof ao pnnnary and conduy roof f nn ❑ Make use roof lopes and mate els con tem w th the bwldmg sty le ❑ Othe (peas explain) ❑ Go d line doe not apply (pleas a plum) Culdellne #8(a). How will the setback of the new house respect the setback pattern of the neighboring houses'" O In orpo to d setbacks for w construction and econd tore ddtoons that are e re tent with th n ghborhood pan ins O Maunain th existing pattern the lot ❑ Other (please explain) ❑ G id I ne does not apply (please explain) Guideline rtg(b). What method will be used to balance the scale of the new two-story house or second story addlUon with Its site? O Ieaorpo at sd setbacks for w cashucuon and second -stow ddtuom that are ins tent w th th n ghborhood pattern ❑ Maintain the existing pauem on th lot O Other (please explain) O Goidelic doe not apply (please explain) Single Faauly Indnvtdu.d Review C h cklist N vember 2001 3 Guideline #9 What method Ls used to Integrate the entry features Into the overall building design that relate to the surrounding properties In terms of scale and proportions ❑ Pedestrian sealed femur s ❑ Entry courtyards or recessed entnes ❑ Other (please explain) ❑ Gwdelme does not apply (please escplam) STREETSC%PE Guideline 010 Where Is the garage and driveway located to mitigate their visual Impact on the street and what method is used to make It subordinate to the house landscape and pedestrian entrances ❑ The nes garage follows the setback and location of neighboring houses ❑ The garage doors are compatible with the architectural style of the house and o comnbute to the aesthetic character ❑ Three-ca garage turned sideways to the street, configured as two tandem spaces and ne single spec or split and ofTset as two distinct garages (a two -cm- garage on and a one -car garage) ❑ Other (please explain) ❑ Guideline does not apply (please explain) Please use the jollowmg space forathe comments regarring the opphcano oleic G 1delm s to the project Aaach addtacnal sheet as necess ry S glc F m ly Ind dual R cw Check! st Nu ember NMI 4 PALO ALTO SINCCE FAMILY INDIVIDUAL RE%IEW GUI DELINLS PAGE 22 APPENDIX C: GLOSSARY BUILDING ENVELOPE Defined by side \ard front -ind rear yard daylight plane and located within the buildable are i as defined b) the setbacks CovrEvr The interrelated conditions in which something exists or occurs DAYLIc[rr PLANE A height limitation that when combined with the maximum height limit defines the building envelope DISCRETIONARY ACTION (DEVELOPMENT REVIEW) An action taken by a baird or commission which does not require approsaI based on meeting a set of regulations, but rather the exercise of judgement and discretion ENVELOPE The three dimensional spatial configuration of a buildings \olume and miss FLOOR AREA RATIo (FAR) A measurement expressed as a ratio of the house size to the, lot size which regulates the maximum size of a house and is intended to limit the bulk and mass of the structure FINISHED GRADE The revised topography that results from proposed construction cut or fill ExISTING GRADE The grade prior to construction cut or fill LOT COVERAGE Amount of lot area that can be covered by structures excluding such features as paving or landscaping MASSING The appelrance of heaviness or weight or lack thereof MINISTERIAL ACTION (DEVELOPMENT REVIEW) In response to a specified set of rules rather than an exercise of judgement or discretion PERMEABLE SURFACE A surface that allows water (liquid) to pass through PITCH (ROOF) The slope of a roof commonl) expressed in inches of sertical rise per foot of honzontal run SETBACK The slope of a roof common!) expressed in inches of vertical rise per foot of horizontal run SETBACK An are t adjacent to each property line that restricts the location of structures on a propert) ‘Vhen combined the define the buildable area SINGLE STORY HEIGHT COMBINING DISTRICT A zone district that allows modification to the site deselopinent regulations of the R 1 zone district to permit a maximum height of se%enteen feet and a maximum building site coverage of fort) percent STREETSCAPE A streetscape rnav be composed of a number of elements in the front of our homes the more public domain, including front yard sidewalk street trees fences street curb, street fights planting strips and dnvewa) which all contribute to our experience as we walk or drive down the street STYLE A manner of expression characteristic of an individual 'i period a school or other identifiable group ZONING ORDINANCE Title 18 of the Palo Alto Municipal Code PALO ALTO SINGLE FAMILY INDMDUAL REVIEW GUIDELINES PAGE. 23 •