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2004-12-13 CPC Packet
1 (water. THE BIRTHPLACE OF MINNESOTA CITY OF STILLWATER PLANNING COMMISSION NOTICE OF MEETING The City of Stillwater Planning Commission will meet on Monday, December 13, 2004, at 7 p m in the Council Chambers of Stillwater City Hall, 216 North Fourth Street AGENDA 1 Case No ZAT/04-01 A Zoning Text Amendment changing the regulation of nonconformities (land use and buildings) allowing continuance of such noncomformities in certain situations consistent with Minnesota Statues City of Stillwater applicant 2 Case No SUB/V/04-90 A subdivision of a 17,250 square foot lot into two Tots of 8,625 square feet each with a variance to the lot size requirement (10,000 square feet required, 8,625 square feet requested) located at 1802 North Fourth Street in the RA, Single Family Residential District Scott Junker, applicant 3 Case No V/04-91 A variance to the front yard setback (30 feet required, 26 5 feet requested) for the extension of an existing garage located at 2921 Marine Circle in the RA, Single Family Residential District Thomas and Barbara Tomaro, applicants 4 Case No V/04-92 A variance to the accessory uses regulations for a 12' x 24' temporary shelter annually from October 1 to May 1 with 0 foot setback, 20 feet required, located at 105 South Harriet Street (corner of Harriet and Myrtle) in the RB, Two Family Residential District Dale and Catherine Preston, applicants 5 Case No V/04-93 A variance to the front yard setback (30 feet required, 0 feet requested) and side yard setback (5 feet required, 3 feet requested) for the construction of a carport and to the accessory building size regulations (120 square feet allowed, 396 feet requested) for the construction of a covered deck located at 308 E Poplar Street in the RA, Single Family Residential District John Buettner, applicant 6 Case No V/04-94 A variance to the front and steep slope setback (front - 30 feet required, 25 feet proposed and steep slope - 25 feet required, 0 feet proposed) and a variance to the developable lot size requirement (10,000 square feet required, ±5,000 square feet existing) to construct a two-story residence on Lot CITY HALL 216 NORTH FOURTH STILLWATER, MINNESOTA 55082 PHONE 651-430-8800 I 39, Blk 7 Carli and Schulenbergs Addition (between 1221 and 1307 North Broadway Street) in the in the RA, Single Family Residential District Jeanne Haapala and Nancy Walsh applicants 7 Case No V/04-95 A variance to the accessory use square footage requirements (1,000 square feet allowed, 1,900 square feet requested) for the construction of a new residence with a two level garage located at 3180 Ilo Way in the Lakeshore Residential District Mark Lindeberg, applicant 8 Case No V/04-96 A variance to the rear yard setback (25 feet required, 14 feet requested) for the construction on a two -car garage with a breezeway located at 1420 N 4th Street in the RB, Two Family Residential District Cates Construction, applicant 9 Case No V/04-98 A variance to the rear yard setback (25 feet required, 22 feet requested) for the construction of a four season porch located at 2214 Fairmeadows Road in the RA, Single Family Residential District Dan Register, applicant 10 Case No SUP/04-99 A special use permit to locate wireless antennas on an existing communications monopole with the necessary ground appurtenances located at 1754 Washington Avenue in the IB, General Heavy Industrial District Venzon Wireless, Jake Soper, applicant Other Items - Review of Duplex Residential Zone District 1 City of Stillwater Planning Commission November 8, 2004 Present Robert Gag, chair person, Mike Dahlquist, David Junker, Dave Middleton, David Peroceschi, Karl Ranum, Paul Teske, Jerry Turnquist and Darwin Wald Others Community Development Director Steve Russell Mr Gag called the meeting to order at 7 p m Approval of minutes Mr Wald moved approval of the minutes of October 11, 2004 Mr Turnquist seconded the motion, motion passed unanimously Case No SUP/04-89 A special use permit for a restaurant with outside seating at 135 New England Place in the VC, Village Commercial/Planned Unit Development Distnct Nat Shea, Tanek Inc , representing Hearthside Homes, applicant Mr Shea briefly reviewed the inside floor plans for the restaurant/bar and outside seating, along with elevations The restaurant will feature a quick -service bakery/coffee shop, he said, enhancing the "neighborhood image" of the establishment Mr Shea noted the HPC has approved plans He said the applicant is requesting a monument sign to address traffic on Highway 12 He said the applicant also would like the Planning Commission to consider approval of a connection to the bike path on Highway 12 to make the restaurant both neighborhood- and pedestrian -friendly There was a question about parking Mr Shea said the applicant would come back with the final parking layout Mr Russell said based on square footage, it appears there is adequate parking, noting that this plan has less square footage than indicated in the original PUD Mr Russell pointed out that the area uses shared parking, and he said the issue will be reviewed based on the use of the final building in the district Robert Kroening, a resident of Liberty who participated in the original planning process, said he was troubled by the streetscape and lack of green space He said the lack of green space gives the appearance of a stnp mall He also suggested that the square footage of the restaurant/bar might be smaller but the footpnnt is larger Mr Kroening said he felt the requested pylon sign is not in keeping with the look of a New England Village Mr Ranum stated he would like condition of approval No 16 changed to refer any changes to the HPC and Planning Commission He also stated he was not in favor of the additional signage but did like the concept of the connection to the bike path Mr Russell pointed out the bike trail connection will need Washington County approval but said he didn't think that would be a major problem 1 City of Stillwater Planning Commission November 8, 2004 Mr Junker noted there was a letter from developer Homer Tompkins indicating the plans had received final ARC (Liberty development architectural review committee) approval He said he likes the layout and overall concept Mr Teske said he would like to see more detail about landscaping Dave Hempel of CPDC developers apologized for the lack of landscaping plans He said they would be open to planting along the trail to the property line and parking area, and said the developer would come back with an overall landscaping plan for the County Road 12 elevation He also noted that the PUD signage did show locations for monument signs and requested consideration of monument signage for those businesses in lots 5, 6 and 7 Mr Peroceschi suggested there is plenty of signage for the business Mr Ranum noted that signage is generally restncted to front footage Mr Teske agreed that the Planning Commission should stick to the ordinance While Mr Teske said he was concerned with the lack of landscaping plan and the ARC process, he said he would not delay this project due to those concerns and moved approval as conditioned, with the additional condition that plans for any bike path connection be reviewed by the Community Development Director Mr Ranum seconded the motion if Mr Teske would consider changing condition of approval No 16 to review by the Planning Commission and HPC Mr Russell noted that according to ordinance, minor modifications are referred to him, any major modifications return to the Planning Commission and HPC Mr Junker noted that CPCD has exceeded expectation in the past and he has no reservations about that fact that they will work with Washington County regarding the bike trail and landscaping Mr Ranum withdrew his request to change condition No 16 Motion passed unanimously Case No V/04-83 A variance to the front yard setback (30 feet required, 10 feet requested) and slope development requirements for construction of a single-family residence at 2015 Lake St in the RB, Two Family Residential Distnct, Flood Plain and Bluffland/Shoreland District Tony Kerschbaum, applicant Mr Kerschbaum stated now that the area is sewered, he would like to build a one-story residence on the property Dan Challeen, 2103 Schulenberg, spoke in support of the proposal Mr Junker asked about the slope of the property, suggesting it would be difficult to construct a house due to the slope Mr Kerschbaum agreed that he will need some fill and will need to construct a retaining wall Mr Ranum noted that neighbonng structures are closer to the street than Mr Kerschbaum is requesting Mr Turnquist said he would support a variance for a one-story, walkout residence City of Stillwater Planning Commission November 8, 2004 Mr Junker stated he had a major concern with the grade of the property and suggested the property is unbuildable Mr Dahlquist agreed with that concern and predicted the applicant will need a retaining wall considerable higher than he is initially proposing He questioned the impact of the plans on the viewshed Mr Teske said while he was concerned about the slope, he said he did not feel the proposal would have any detrimental affect on neighboring properties Mr Middleton, seconded by Mr Peroceschi, moved approval of the three requested vanances (lot size, bluff setback and front setback) with the condition that the variances are approved for construction of a house not to exceed a one -level walkout residence Motion passed 7-2, with Mr Junker and Mr Dahlquist voting no Other items Mr Russell provided a memo pertaimng to a new state statute regarding non -conformity He noted the city can be more permissive than state law Members were in agreement that the section regarding nonconforming uses destroyed by fire or other disasters ought to be given a year, rather than six months as in the new state language, to apply for a building permit to replace the structure Mr Russell said a public heanng will be held in December Mr Russell provided a memo regarding building height definitions Mr Teske suggested it would be helpful if there was some way to establish a reference for starting elevations, rather than finished grade elevations Mr Russell said some communities use sidewalk or street elevation as the starting point However, he noted that flood plain regulations affect building height in the downtown area, and he said the City could look at more geographic specifics for the downtown area Also in the packet was a copy of the Palo Alto Single Family Individual Review Guidelines for the Commission's review in relation to in -fill housmg issues Mr Teske questioned how those guidelines could be used — education or strict guidelines It was agreed that Mr Teske, Mr Gag and Mr Ranum should meet again wit the Heritage Preservation Commission to decide how to proceed with the issue Mr Wald moved to adjourn at 8 50 p m Mr Turnquist seconded the motion, motion passed unanimously Respectfully submitted, Sharon Baker Recording Secretary 3 Lake 3.d ST N off' J J. z \ South Twin ° OW GLEN OAK NULL 3. r 77 ^o Lake u` n , CT N. 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W Wr 51 BHE. �'-' UPPER / w VICTORIA,,�� Z 81 u� g 3 a g OREM 5a •� 24 a • TLC '' SI �M Location Map :. k __ _ �, I�� STATE sem 67 ' r t r Memo To Planning Commission From Steve Russell, Community Development Director uV Date December 9, 2004 Subject A Zoning Ordinance Text Amendment for Non -Conformities Case No ZAT/04-01 The state recently passed a new statue that allows non -conformities to continue under certain circumstances The new language is contained in the attached zoning text amendment As you will note, the existing language for the Flood Plain Overlay District (FEMA) and Bluffland/Shoreland District (DNR) will remain because DNR requires the existing language for the St Croix Bluffland and Flood Plain areas This item was reviewed by the Planning Commission at your meeting of November 8, 2004 and set for hearing at December meeting Recommendation Approval for recommendation to the City Council Attachment Non -conformities zoning text amendment t / Zoning Ordinance Amendment Amending Chapter 31, Zoning Code Sud 9 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 Exceptions In the Flood Plain Overlay District and Bluffland/Shoreland District, Chapter 31, Subd 22, (12) Nonconforming uses and Chapter 31, Subd 23, Substandard Structures shall apply Memo To Planning Commission From Steve Russell, Community Development Director/t Date December 8, 2004 Subject Request for Subdivision with Lot Area Variance Case No SUP/V/04- 90 The applicant has requested a continuance to your meeting of January 10, 2005 Based on the 60-day decision rule, waiver of that requirement should be provided by the applicant Recommendation. Continue public hearing to January 10, 2005 Commission meeting subject to applicant's waiver of 60-day decision requirement 12/10/2004 13 35 6514309510 DALE V SHALLER PAGE 02 December 10, 2004 Robert Gag, Chair Planning Commission City of Stillwater 216 North 4th Street Stillwater, MN 55082 Re Case No SUBN/04-90 Dear Mr Gag, We are writing to express our views regardmg the Planning Commission Case No SUB/V/04-90 that will be considered at the Planning Commission meetmg on Monday, December 13, 2004 We have a strong mterest in this matter, but are unable to attend the meeting due to a prior commitment We have lived at our residence across from the subject lot for 15 years We strongly oppose the variance requested by the applicant to subdivide this lot, for the following reasons 1 The proposed subdivision would set a bad precedent for further subdivisions of insufficient lot size The North Hill improvement project was necessitated m part by development that exceeded the capacity of the land for adequate drainage Now that some needed mfrastructure improvements have been made, encouraging further development that violates the City's own codes would create the potential for future problems It would also send the wrong signal to other homeowners that such development will be supported by the City As longstanding residents in this area, we did not Just spend thousands of dollars of our own, along with millions of dollars belonging to other local residents and taxpayers, to see the City encourage over -development of lots in this neighborhood 2 The track record of development on the lot in question does not inspire confidence that the proposed variance and subsequent development would lead to a positive result During the tune in which the lot has been owned by the applicant, we and our neighbors have witnessed an ongoing series of construction delays, changes, and obvious mismanagement of building projects The lot has been characterized by dangerous construction sites (including an exposed basement with no warning tape and precarious piles of abandoned materials), unsupervised brush fires (fanned in the evening hours by high winds), and a contmumg eyesore which we have patiently endured along with all of the other construction on the North Hill Based on the applicant's performance to date, the granting of an exception or variance would open the door for further mismanagement, the results of which would likely diminish the neighbors' safety, quality of life, and property values We do not wish to bear the consequences of the applicant's poorly --conceived development scheme for years to come Thank you for the opportunity to express our views We would be happy to answer any questions or provide additional input into the Planning Commission's deliberations Sin ely, Dale and Jenni Shaller 1819 North 4th Street Stillwater, MN 55082 651-430 1786 I PLANNING APPLICATION REVIEW FORM CASE NO V/04-91 Planning Commission Date December 13, 2004 Project Location 2921 Marine Circle Comprehensive Plan District Single Family Residential Zoning District RA Applicants Name Thomas and Barbara Tomaro Type of Application Variance Project Description A variance to the front yard setback (30 feet required, 26 5 feet requested) for the extension of an existing garage Discussion The applicant is requesting a variance to extend the front of the garage 3 feet, 5 inches toward the front property line The variance is requested to install a main floor laundry in the back of the garage They cannot extend the back of the garage any farther because of an existing fireplace chimney Having a main floor laundry room will make it easier for the applicant who has service - connected disabilities gain access to the laundry room Recommendation Approval Conditions of Approval Should the Commission approve the request, staff recommends the following conditions of approval 1 The architectural design, the materials and the color match the existing house Findings 1 That a hardship peculiar to the property, not created by any act of the owner, exists In this context, personnel financial difficulties, Toss of prospective profits and neighboring violations are not hardships justifying a variance 2 That a variance is necessary for the preservation and enjoyment of substantial property rights possessed by other properties in the same district and in the same vicinity, and that a variance, if granted, would not constitute a special privilege of the recipient not enjoyed by his neighbors V 3 That the authorizing of the variance will not be of substantial detriment to adjacent property and not materially impair the purpose and intent of this title or the public interest nor adversely affect the Comprehensive Plan Attachments Application Form/Petition from Neighborhood/Site Survey/Photos PLANNING ADMEN' . t A11JN APPLICATION FORM COMMUNITY DEVELOPMENT DE CITY OF STILLWATER 216 NORTH FOURTH STREET STILLWATER MN 55082 Case No Date Filed Fee Paid Receipt No ACTION REQUESTED Special/Conditional Use Permit -Variance Resubdivision Subdivision* Comprehensive Plan Amendme Zoning Amendment* Planning Unit Development * Certificate of Compliance The fees for requested action are attached to this application *An escrow fee is also required to offset the costs of attorney and engineering fees The applicant is responsible for the completeness and accuracy of all forms and supporting matenal submitted in connection with any application All supporting matenal (i e, photos, sketches, etc) submitted with application becomes the property of the City of Stillwater Sixteen (16) copies of supporting material is required If appl:cat►on is submitted to the City Council, twelve (12) copies of supporting material is required A site plan is required with appl►cations Any Incomplete application supporting material will delay the application process PROPERTY IDENTIFICATION Address of Project au! (11Q ri r . G rile, Assessor's Parcel No Zoning District KA Description of Project Go.ri iCVL. Ckv)SiorI (GEO Code) "I hereby state the foregoing statements and all data, information and evidence submitted herewith in respects, to the best of my knowledge and belief, to be true and correct I further certify 1 will comply v the permit if it is granted and used " Property Owner -ThOn'&, P L, rlpp.ro, (pyhar0 Representative Mailing Address AcIR I i /art`it- . GrcjQ Mailing Address City - State - Zip 51(k to r City - State - Zip Telephone No CD Sf' . 3 51. 0511 3 Signature e-� Telephone No (Signature is required) (Signature is required) 8o A SITE AND PROJECT DESCRIPTION Lot Size (dimensions) x NS-C �( 5EE 944 ) Total Building Land Area ll,gza ,c Fr/ 2-7AC1vc Height of Buildings Stories Feet Principal Z Accessory H \mcnamara\sheila\PLANAPP FRM May 1, 2003 Signature IQor argag square feet Existing `t D a L} square feet CV Proposed 56 . 40 square feet ed Impervious Area(o63,square feet of off-street parking spaces -- (1t a (kr R- 33 luuLe, 60' r Thomas and Barbara Tomaro 2921 Marme Circle Stillwater, MN 55082 November 21, 2004 Dear Planning Commission We humbly request a vanance to extend our garage streetward three feet, five inches We will also be addmg a third car garage simultaneously on the side of our property, which does not require a variance (please see enclosed survey) The three feet, five -inch variance is needed to allow for a main floor laundry at the back of the garage We will be usmg as much of the existmg garage space as possible but cannot take up any existmg family room space due to the existmg fireplace and built in entertamment center (see attached survey) We believe this project will not have a negative impact on our neighbors or the surrounding neighborhood In fact, our immediately adjacent and surrounding neighbors have signed a petition pledging support for this variance (petition enclosed) The current distance to the road easement is thirty feet, seven mches It would be twenty- six feet, seven inches after the garage is extended streetward There is also an additional twelve feet, eight inches before the actual street, leaving a distance of thirty-nine feet, three inches between the garage and the actual street (see survey) Please note there is precedence for this type of variance m Croixwood, as several homeowners were granted variances for similar projects (please see enclosed photos) Finally, gaming a mam floor laundry room will help our family considerably, since we have three children under five years old Additionally, it would lessen the strain on Thomas Tomaro's service connected disabilities, since he would not have to haul laundry up and down two flights of stairs We thank you for considermg this matter Smcerely, Tom and Barb Tomaro Dear Neighbors, _ _ _ - _ - _ We are in the process of applying for a 3 foot, 5 inch variance to extend our existing two -car garage slightly streetward We will be accomplishing this while simultaneously adding a third garage stall on the side, which will not require a variance The accompanying site map is an illustration of the proposed project Please pledge your support for this project and the 3'5" variance by signing this petition Thank you, The Tomaros 2921 Marine Circle Name Signature Address Date mV it-. 'Fot1U i1-1. M4Avlomi'V. Ci rebt 10 23. 014 RzoH rNFar A—ir a /71.4cJ,e_4, ...1 r,,r9 Pr toe c rR 4e'a r(_ v✓7ka tcAty5 gc,, vvo- ,)``► G Ma e (n-rc (filL: Le it, 27 -pk ,C; \7 ( -15 Slnj r 36C, l (f I0 )-5 -(\LI Perrki+C,CUT ..„„ k'S `‘r'r\ 7tA e \--:,\k-,-,--47("Z-i\NIk.‘ )c\�41t) \��.tv.-- `„(_ ,i \�;t)-\ �0�,... a Sync �` for •/ Grp �, `' "'°'' Z`i 13 Mci-C %O . C r I v Z 1. ` I I,� CERTIFICATE OF SURVEY FOR TOMARO LEGAL DESCRIPTION LOT 4 BLOCK 8 CROIXWOOD 4TH ADDITION WASHINGTON COUNTY MINNESOTA LOT AREA 11 920 SQ FT / 0 27 ACRES LEGEND SYMBOLS DESCRIPTION 111- 0 PROPERTY LINE EASEMENT LINE • DENOTES IRON MON FOUND DENOTES IRON MON SET DENOTES EXISTING BUILDING THE IRON PIPE AT THE NORTHEAST CORNER OF LOT 4 BLOCK 8 CROIXWOOD 4TH ADDITION IS ASSUMED TO HAVE AN ELEVATION OF 100 74 UNDERGROUND UTILITIES NOT LOCATED OR SHOWN EASEMENTS, IF ANY MAY EXIST THERE WAS NO EFFORT MADE TO RESEARCH RECORDED OR UNRECORDED EASEMENTS BEARINGS SHOWN ARE BASED ON THE PLAT OF EDEN VISTA 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 Ste of Minnesota DANIEL L R ES License No 25718 / "0o,g<CZ( fr" / 99 56 7 103 71 0 20 40 SCALE 1 INCH = 20 FEET / u'O / 99 94 100 13 100 74 / 0170 105 29 / / 104 26 O$ 10119 100 81 100 48 100 29 LOT 4 BLOCK 8 "-9856 1q' cp 0065 100 00 00<0 4 76 i PROJECT LOCATION 2921 MARINE CIRCLE STILLWATER, MN DENOTES PROPOSED BUILDING ADDITION DENOTES PROPOSED DRIVE ADDITION rd_ NORTH Suite #B100 200 East Chestnut Street Stillwater MN 55082 Phone 651 275 8969 Fax 651 275 8976 dlt-csls@ mcleodusa net CORNERSTONE LANID SURVEYING INC PLANNING APPLICATION REVIEW FORM CASE NO V/04-92 Planning Commission Date December 13, 2004 Project Location 105 South Hamet Street Comprehensive Plan District Two Family Residential Zoning Distnct RB Applicants Name Dale and Cathenne Preston Type of Application Vanance Project Descnption A vanance to the accessory uses regulations for a 12' x 24' temporary shelter with 0 foot front yard setback , 20 feet required Discussion The applicant is applying for two variances The first request is for a vanance to the size regulation of an accessory building, 120 square feet maximum is permitted by code, 288 square feet is being requested The second vanance is for the setback of a accessory structure, 20 feet required, 0 feet requested The house is on a corner, and both street sides are considered front yards So it would be 20 feet from Myrtle Street and 20 feet from Harriet Street The entire lot slopes to the south and east making it difficult to store the boat anywhere on site The boat is too close the street corner, and the temporary structure does not contribute to the appearance of an entryway to Downtown In the attached letter, the applicant states that the structure would be up annually dunng the winter months, no sooner than Oct 1st and take it down no later than May 1st Recommendation Denial Conditions of Approval Should the Commission approve the request, staff recommends the following conditions of approval 1 The temporary structure shall remain on site from October 1, and be removed no later than May 1st Findings 1 That a hardship peculiar to the property, not created by any act of the owner, exists In this context, personnel financial difficulties, loss of prospective profits and neighbonng violations are not hardships justifying a vanance 2 That a variance is necessary for the preservation and enjoyment of substantial property nghts possessed by other properties in the same distnct and in the same vicinity, and that a vanance, if granted, would not constitute a special pnvilege of the recipient not enjoyed by his neighbors 3 That the authonzing of the vanance will not be of substantial detnment to adjacent property and not materially impair the purpose and intent of this title or the public interest nor adversely affect the Comprehensive Plan Attachments Application Form/Letter from the Applicant PLANNING ADMINISTRATION APPLICATION FORM COMMUNITY DEVELOPMENT DEPARTMENT CITY OF STILLWATER 216 NORTH FOURTH STREET STILLWATER MN 55082 Case -No Date Filed Fee Paid Receipt No ACTION REQUESTED Special/Conditional Use Permit '1/41Vanance 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 apphcant is responsible for the completeness and accuracy of all forms and supporting material submitted in connection with any application All supporting material (0 e , photos, sketches, etc ) submitted with apphcation becomes the property of the City of Stillwater Sixteen (16) copies of supporting material is required If apphcation is submitted to the City Council, twelve (12) copies of supporting material is required A site plan is required with apphcations Any incomplete application or supporting matenal will delay the apphcation process PROPERTY IDENTIFICATION Address of Project /OS Socdh 1-14rrie-51)-.ee-f Assessor's Parcel No 1Z2 g a 30 20 31 OOS (GEO Code) Zoning District Description of Protect A -I•-e.. /--t po rct ry 5 h-e r 1) lc e ID +Le. 3 ►'l o j l o c j Ott o f 0 0_2 60 cL-I- i ►-, fie. U.11 r- 4-.Q ( O r d `) 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 / further certify I will comply with the permit if it is granted and used " Property Owner -box )-c 4 C0 k.€ i1 r t't-e.'fin Representative Mailing Address IOC &“..1 /-' H-a re i2 v e.1- -Sin' ec.+ Mailing Address City - State - Zip -k I) kru1,e,, Fin 5 'S-4) $ Z Telephone No (pS /- 6/3 0- `);0 (v Signature iD v f`t-?2las�1.--,_. 0L (1 Signatus e(9requ Lot Size (dimensions) x Land Area City - State - Zip Telephone No Signature (Signature 1s required) SITE AND PROJECT DESCRIPTION 1 Z X Z L Total Building floor area square feet Existing square feet Height of Buildings Stories Feet Principal Accessory Proposed square feet Paved Impervious Area square feet No of off-street parking spaces H \mcnamara\sheda\PLANAPP FRM May 1, 2003 f November 21 2004 COMMUNITY DEVELOPMENT DEPARTMENT CITY OF STILLWATER 216 NORTH FOURTH STREET STILLWATER MN 55082 To Whom It May Concern First allow us to apologize for doing this backwards We are applying for a vanance to allow the temporary shelter to remain on our property for the winter months We were not aware we would need a variance as our intent was / is to only leave it up dunng the winter months We purchased the temporary shelter with the thoughts that it would be a stable frame with a tarp to cover our boat from the snow and winter weather We also thought it would be the most eye appealing thing we could do as our alterative would be to make a wooden frame and tie tarps to that While that s an option we felt that would have been an eye sore We would like to be able to gain a special variance to allow us to put up the temporary shelter every winter no sooner than October 1st and take it done no later than May 1st THANK YOU FOR YOUR CONSIDERATION AND TIME IN THIS MATTER Dale and Cathy Preston 105 South Harriet Street Stillwater Mn 55082 651 439 7226 E LINE,OF BK 323 DDS P (01 4144) APP xv<+ n r ar v..x�:.._ . • (T) V, —n 2s) H L L pper Deck f; Main House 308 Poplar Street East North East Po lar Street ►IIIIII••1 ►IIIIIIII. ►III/II/I4 ►IIIIIIII4 end of Poplar Street IIIIIIIIIi 4- Neighbor's House Figure 3 Diagram of 308 Poplar Street as of May 2003 M I N N 9 5 0 690337 H L L Approximate Scale 64 Scale in -et dog ke el some protection from ram but mostly open) pper Deck Car Port Flag Pole Section Built in 1959 Section of house built in 1935 with new roof Porch i liPllllllD 308 Poplar Street East East Poplar Street North i end of Poplar Street 4- Neighbor's House Figure 4 Diagram of 308 Poplar Street as of November 2004 M I N N 9 5 0 690337 H'-'''' P fs�: tre So it Skye. or Fugukre. to i i. ve. ` 1 mks arm*, w. mew of 40084408 .m mn.maa d as mares al II, O 4)44r wb.wd+ ov..r an... Tn. a++Yev.E Y. mac w o�w ma .apm-am.r .a ne18481013 at any .08.48144. sma w.48+31on Go.nem8.wr.0010. 8880165 1 430487 4-4 IA PLANNING APPLICATION REVIEW FORM CASE NO V/04-93 Planning Commission Date December 13, 2004 Project Location 308 East Poplar Street Comprehensive Plan District Single Family Residential Zoning District RA Applicants Name John Buettner Type of Application Variance Project Description A variance to the front yard setback (30 feet required, 0 feet requested) and side yard setback (5 feet required, 3 feet requested) for the construction of a carport and to the accessory building size regulations (120 square feet allowed, 396 square feet requested) for the construction of a covered deck Discussion The applicant is requesting three vanances, one to the front yard and one for the side yard setback for a carport that has been constructed without a building permit The carport appears to be built on city right of way It is necessary that this structure be moved onto the applicant's property The third variance request is for the accessory building size According to the applicant, the deck of the structure was existing and he covered it with a roof The roof creates a structure A deck alone can be any size, as long as the impervious surface calculations are within the required square footage Recommendation Denial Conditions of Approval Should the Commission approve the variance requests, staff suggests the following conditions of approval 1 The carport shall be removed from City property 2 All revisions to the approved vanances shall be reviewed and approved by the Community Development Director Findings 1 That a hardship peculiar to the property, not created by any act of the owner, exists In this context, personnel financial difficulties, Toss of prospective profits and neighboring violations are not hardships justifying a variance 4. 2 That a variance is necessary for the preservation and enjoyment of substantial property rights possessed by other properties in the same district and in the same vicinity, and that a variance, if granted, would not constitute a special privilege of the recipient not enjoyed by his neighbors 3 That the authorizing of the variance will not be of substantial detriment to adjacent property and not materially impair the purpose and intent of this title or the public interest nor adversely affect the Comprehensive Plan Attachments Application Form/Packet from the Applicant b • PLANNING ADMINI; . RATION APPLICATION FORiv, COMMUNITY DEVELOPMENT DEPARTMENT CITY OF STILLWATER 216 NORTH FOURTH STREET STILLWATER MN 55082 Case No Date Filed Fee Paid /pt> Receipt No ACTION REQUESTED Special/Conditional Use Permi Variance Resubdivision Subdivision* Comprehensive Plan Amendm Zoning Amendment* Planning Unit Development * Certificate of Compliance The fees for requested action are attached to this application *An escrow fee Is also required to offset the costs of attorney and engineering fees The applicant is responsible for the completeness and accuracy of all forms and supporting material submitted in connection with any application All supporting material (I e, photos, sketches, etc) submitted with application becomes the property of the City of Stillwater Sixteen (16) copies of supporting material is required If application is submitted to the City Council, twelve (12) copies of supporting material is required A site plan is required with apphcabons Any Incomplete applicat,oi supporting material will delay the application process Address of Project Zoning Distnct PROPERTY IDENTIFICATION 3De Pop/Qv Assessor's Parcel No.2/0,30a) /DOO7 Description of Project See ct.-acktIttifi GEO Code) "I hereby state the foregoing statements and all data, information and evidence submitted herewith it respects, to the best of my knowledge and belief, to be true and correct I further certify! will comply the permit if it is granted and used " Property Owner J h n M, 81Actitti.e Mailing Address 3 Oil• Ppi'a r City - State - Zip Sfjff caiel1 /14(Pin S V L Telephone No 3a /-7 o�gra.—Tgq 36q} Signature (Signat - is required) Lot Size (dimensions) Sri SITE Land Area D, ) x acres Height of Buildings Stories Feet Pnncipal I 13. Accessory _I_ _! q- H \mcnamara\sheila\PLANAPp FRM May 1, 2003 Representative Mailing Address City - State - Zip Telephone No Signature (Signature is required) AND PROJECT DESCRIPTION Total Budding floor area square feet Existing square feet Proposed square feet Paved Impervious Area square feet No of off-street parking spaces 11L 1 I — A . ff-L-t2 llwa... THE BIRTHPLACE OF MINNESOTA October 11, 2004 Mr John Buettner 308 W Poplar Street Stillwater, MN 55082 Dear Mr Buettner In a routine inspection of your neighborhood, I noted you are in the process of constructing a garage in the rear yard and you have constructed a wrap -around porch on the home According to City Ordinance, building permits are required for any work with a valuation of over $500 00 (including matenals and labor figured at the standard rate) A permit is required for this work Please discontinue working on these projects until you have obtained the required permits You will need to submit complete construction plans and a site plan showing setback requirements to all affected property lines Total square footage for storage/garage space is 1,000 square feet If your total garage/storage area is more than this maximum, a vanance will be required pnor to permit issuance A vanance will be required for the wrap -around porch pnor to permit issuance for that portion of the work The required setback to the street is 30 feet and it appears the porch is constructed up to the edge of the street To apply for variances or to speak to someone regarding the vanance process, please contact Sue Fitzgerald, Planner, at 430-8822 Please contact our office within five (5) working days to make arrangements to obtain required permits and apply for the porch variance Failure to obtain a permit may result in issuance of a citation City offices are open from 8 00 a m to 4 30 p m , Monday through Fnday If you have any questions, please contact my office at 430-8825 Sincerely, Cindy Shills Building Official CITY HALL 216 NORTH FOURTH STILLWATER, MINNESOTA 55082 PHONE 651-430-8800 a ST z • 2012 ' 2013' state 1�0 122 { .00 W w cc 1— co �• 222 1 '• 3p( •' 3'24 EAST HAZEL STREE •1 E AL ST I - co -� 305! 202 2b1 r J (4ti 20 610 Ix CO z 1917 ' 1924 .J/- r { 1 ` , Park `.194• z 0 co AR STREET 0 z -7 1914 _1911� 1 J12_ 19051008 1'01' 124 W w IY 0) co L EAST WILLOW= O2 z f723 ' �, *TC (� • 1 _ ... .. �1 1 -1�11 . 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Ma.ti1.. 002o11 Mt Dear Ms or Sirs, Thank you for affording me the opportunity to request a variance for my property located at 308 Poplar Street East in Stillwater I purchased this property in May of 2003 Prior to living in Stillwater I lived m Grant smce 1995 with my family Prior to 1995 we lived in Bloommgton In May of 2003 I divorced This resulted m me having my son, Derek, half the time with my ex-wife having him the other half My son goes to Mahtomedi Middle School and finding a home m Stillwater was perfect I also have two daughters both gomg to college and two dogs Because of my financial position it was necessary that I purchase a fixer -upper" with a little land I was very blessed when I found my current home at 308 Poplar Street East I m 55 years old, work in Bloommgton retired from the USMC Reserve and am pretty handy with my hands in building supple things Poplar Street East mtersects Mn 95 about 5 miles from the tram station As you dnve up Poplar you will notice it comes to a dead end after one block since a big hill is m the way (Figure 1) Thus I'm on a dead end street with my house on the nght When I first purchased the house there were several issues that surfaced First, there was a couple of inches of water m the basement This water was due to poor drainage which in turn was due primarily to its lack of any roof overhang The lack of overhang was not only aesthetically unpleasmg but when it ramed or when the snow melted, ram or snow slid down the roof, droppmg directly on the ground immediately m front of the foundation walls Figure 2 shows my house as it was when I bought it Note that it had several gutters which tried to direct the melted snow or ram away from the foundation Unfortunately this did not work It was also clear that the roof was not domg well as it sagged between rafters and had as many as seven layers of shmgles m places In addition, the area between my house and Poplar Street East was generally full of water and/or mud after a ram or snow In addition to the house there was an uncovered wooden deck up the hill near the west side of my property line Figure 3 shows the location of the house and uncovered deck in relation to Poplar Street when I purchased it This structure had a beautiful view of the St Croix River Valley although some of the wood on this deck was rotting and it was not usable when it rained or snowed More importantly tree limbs would frequently crash onto it if there was ever a wind Thus, it was a nice deck m terms of a view but was not safe for my son as very large trees surrounded it Since then I have done many things to make my house and property more livable and safe (Figure 4) First, I put a roof on the deck to protect anyone on it, to keep it from rotting and to make it usable even m bad weather (Figure 5) I did not know that a permit was needed I very sincerely ask for a variance for this work Second, I completely replaced the old section of the roof (built m 1935) as well as all rafters over the old section of the house Note that the new section of the house, built around 1959, does not have a basement The new roof (Figure 6) is metal roof and there is no sagging or collapsed sections as there was before I also added msulation I felt that since this roof was in effect protectmg the living area, a permit was needed I obtained a permit for this work As I was nearing completion of replacing the roof, I thought I could eliminate the dramage problem by building a wide overhang taking the snow and/or ram approximately 7 feet beyond the foundation This is the porch that I built (Figures 7 & 8) It should be noted that this very effectively takes the water and snow well outside of the foundation area and last year there was absolutely no water in the basement I did not know that permit was needed since it was not part of the living area and I thought that was the cntena for a permit Again, I very sincerely ask for a variance for this Although the porch very adequately help m drainage it did nothing to alleviate the mud and water problem between Poplar and the south side of my I thought of erecting a temporary metal tube and tarp "temporary garage' but I thought it was unsightly Consequently, I built a car port between the house and street (actually about 1 feet inside from the street (Figure 9) This car port not only solves the mud problem but protects my vehicles from the weather and matches the rest of my home Again I did not know that a permit was needed It is important to note that across the street is a house with its walls within four feet of the road (Figure 10) Because of this, I did not feel that I had a problem being too close to the property line As I stated earlier, Poplar Street ends at my house and is a dead end where I live In summary I feel that I have very nicely unproved the aesthetic and safety qualities of my house and neighborhood when compared with when I bought my home My upper deck is safe from falling limbs and wood rot and I can enjoy the view regardless of the weather The roof structure of the house is sound and I no longer worry about water seeping into the basement Agam I enjoy the view from the porch regardless of the weather Finally I can drive onto my property and not worry about getting stuck in the mud or tracking mud into the house e, V. Thank you again for listening to my concerns I have tried to make the drawings as accurate and to scale as possible and hope they help clarify what was done I ve also enclosed an official diagram of 308 East Poplar Street provided by your offices (Figure 11) I very genuinely apologize for not requesting a permit or variance earlier and I want to do what you feel is needed If I owe additional money for the variances I will certainly pay for them I truly love where I live and want o the nght thing 1-6e P “'-35'/ -3-YS3 C fforne) q5'3--8r4.--361.4 Cc orr) PLANNING APPLICATION REVIEW FORM CASE NO V/04-94 Planning Commission Date December 13, 2004 Project Location 1307 North Broadway Comprehensive Plan District Single Family Zoning District RA Applicants Name Jeanne Haapala and Nancy Walsh Type of Application Variance Project Description Variance to steep slope and front yard setback requirements for construction of a single family residence Discussion The request is to construct a single family residence on an existing lot The existing lot does not meet current developable lot area requirements but was established many years ago This past year, sewer and water services were extended to the site and provide city water and sewer service Much of the lot is in slopes greater that 24 percent (steep slopes) The City RA zoning regulations and conservation regulations require 30 foot setbacks from steep slopes and the front property lines The proposed structure is setback 25 feet from the front property line and located over the steep slopes to the rear of the site The size and location of the structure minimizes development impacts on the site The structure is in character with the neighborhood As proposed, trees other than those in the construction area will be preserved Recommendation Approval Conditions of Approval 1 The City Forester shall review site development plans for tree impacts and protection of existing trees 2 A drainage, erosion control plan shall be prepared as a part of the site development plans and reviewed and approved by the City Engineer when the building permit is issued 3 The house shall be painted or stained an earth tone color 4 A front yard landscape plan shall be provided for review and approval with the building permit plans and installed before residence occupancy 5 No trees other than those in the residence structure building site shall be removed without Community Development Director approval Attachments Applicant package Findings 1 That a hardship peculiar to the property, not created by any act of the owner, exists In this context, personnel financial difficulties, loss of prospective profits and neighboring violations are not hardships justifying a variance 2 That a variance is necessary for the preservation and enjoyment of substantial property rights possessed by other properties in the same district and in the same vicinity, and that a variance, if granted, would not constitute a special privilege of the recipient not enjoyed by his neighbors 3 That the authorizing of the variance will not be of substantial detriment to adjacent property and not materially impair the purpose and intent of this title or the public interest nor adversely affect the Comprehensive Plan PLANNING ADMINISI RATION APPLICATION FORI, COMMUNITY DEVELOPMENT DEPARTMENT CITY OF STILLWATER 216 NORTH FOURTH STREET STILLWATER MN 55082 Case No Date Filed Fee Paid Receipt No ACTION REQUESTED -91 Special/Conditional Use Permit X _ Variance Resubdivision Subdivision* Comprehensive Plan AmendmE Zoning Amendment* Planning Unit Development * Certificate of Compliance PROPERTY IDENTIFICATION 2 Lot 31,6 toe 1 Address of Project XKXK Broadway 5'& A) Assessor's Parcel No al co.3do. yy 0D13 Zoning District .A- Description of Project 5( Vi —To 01419 (GEO Code) The fees for requested action are attached to this application *An escrow fee is also required to offset the costs of attorney and engineering fees The applicant is responsible for the completeness and accuracy of all forms and supporting material submitted in connection with any application All supporting material (0 e , photos, sketches, etc) submitted with application becomes the property of the City of Stillwater Sixteen (16) copies of supporting matenal is required If application is submitted to the City Council, twelve (12) copies of supporting material is required A site plan is required with applications Any incomplete application supporting matenal will delay the application process r f l d Sehuieit rfys frk "I hereby state the foregoing statements and all data, Information and evidence submitted herewith in respects, to the best of my knowledge and belief, to be true and correct / further certify I will comply the permit if it is granted and used " Property Owner /OiVtL NaQ(,CQ M eier G(Ush Representative Nr+ under emit f J e- J Maih�cva� mike - Mailing ►30� 3ro�St /VMailing Address . City - State - Zip S+ I l l D& r n/t N 55 O. Norge Telephone No ccO rh. f,T oz (05 / q 90 1 Signature _/►P)?/i1/1 (9 (Signature is required Lot Size (dimensions) 75 x 15 p Land Area Hi ) 5 n Height of Buildings Stories Feet Principal a as c (D cc* Accessory -- — H \mcnamara\sheila\PLANAPP FRM May 1, 2003 City - State - Zip Telephone No Signature (Signature is required) SITE AND PROJECT DESCRIPTION �tyt�sh�{ �E Total Building floor area a,15Q� square feet Existing —9-• square feet Proposed ,1401.' 9,101 square fet+ -iF Paved Impervious Area a,T77square fE No of off-street parking spaces '1 ((fit * Set_ CloCccrne sit 2Waal/ ✓ Thai raw. .nnua T Wnp Ini oilman..oilman..- as mW un0m Cana anus The inningYe/ In used v ralonnim 'd T.Omnua aY YicvomW/ Sued w h.g Co.f 0..romph limo (OS 14>0.7 VARIANCE APPLICATION Lot 39 Block 7 Carla & Schulenburgs Addition Applicants: Jeanne Haapala and Nancy Walsh 1307 Broadway St N Stillwater, MN 55082 Descnption TABLE OF CONTENTS Page Numbers Request 1 Background Description of home Site and building issues Vanance request and justification A Hardship B Property nghts C Impact on adjacent property Summary Exhibits A Photos of site and surrounding area B Location map C House plans (including side yard fence) D Section elevation E Certificate of survey and calculations F Site plan, footpnnt & grading plan G Listing information 1-2 3-4 4-5 5-6 6 7 8 A-1 to A-9 B-1 C-1 to C-3 D-1 E-1 & E-2 F-1 G-1 1 1 Date November 24, 2004 ' Submitted to Planning Commission, City of Stillwater Steve Russell, Commumty Development Director ' Applicants Jeanne Haapala and Nancy Walsh 1307 Broadway Street N Stillwater, Minnesota 55082 651-439-7645 home, 651-490-4621 Jeanne/work Purpose Application for vanance to construct a two-story, single-family residence on Lot 39 Block 7 Carli & Schulenburgs Addition ' I Request We respectfully ask that the Stillwater Planning Department and the Planning 1 Commission consider this request for the following variances, which would allow us to construct our future home on lot 39 on N Broadway • Slope and front setbacks • Developable area of lot • Building on 25% slope This document illustrates the reasonableness of the home design, sensitive to the natural sensitivity ' environment and topography, consistency with the character of the neighborhood, and willingness to comply with restrictions that preserve and uphold the Stillwater development objectives 1 II Background 1 Lot Ownership — We purchased lot 39 in July of 2003 with the intention of buildmg our retirement home We had wanted to purchase only lot 39, and couldn't because of the ' involvement of two different owners • The first owner was the title owner of the property ' • The second owner (also the owner of the home at 1307 N Broadway, on lot 40) was making contract for deed payments to the first owner to buy lot 39 ' Under this arrangement, title ownership does not change until the contract for deed is paid in full Due to the second owner's claim to lot 39 through the contract for deed, he had the ability to prevent the sale of lot 39 The result was that he would not agree to the ' sale of lot 39 without first selling the home he owned on lot 40 (also for sale at the time) This meant that we couldn't buy lot 39 without buying the house next door Before we entered into a purchase agreement for either property, we contacted the Stillwater Engmeenng and Planing Departments to obtain more information about the property (Apnl of 2003) From Engineering staff we learned of the City's intent to install sewer/water in the area, the uncertainty of the timing for the sewer/water project, and the City's efforts to obtain State funding for a portion of the project cost From Planning staff we learned of a development moratonum (due to the lack of sewer and water to the site) Because the City was actively pursuing the sewer/water project, and we were eager to move to Stillwater, we decided to purchase the existing home and make obvious necessary improvements while we waited for sewer/water Existing Home Improvements — By the fall of 2003 we were well into the process of needed repairs/replacements on our current home We had already replaced the ongmal windows, an old deck had been removed, and the new deck was under construction About that time it became clear that the City would be proceeding with the water/sewer project, but the timing for the N Broadway segment of the project was still unclear We decided to move forward with plans to resolve some of the more serious problems with the existing home and hired a remodeling contractor (North Hill Home Styling) to design an addition that would fix ongoing drainage problems m front of the tuck -under garage, and eliminate a flat roof that had caused water leakage problems inside the home Once the remodelmg project was underway we began working with Landsted Homes to design our retirement home for lot 39, so that we would be ready to build when water/sewer became available We chose Landsted because of the quality of their work and because we believed they would help us design a home that would complement the existing neighborhood In addition, we were confident that Landsted would help us find a solution to the site limitations by using as much of the natural features of the lot as possible, and help make our new home a welcome addition to the neighborhood Lot of Record-Buildability —As additional background information, it is important to note the following 1 Lot 39 has been a separate lot of record since at least the early 1900s A bnef search at Washington County indicated that it was a separate lot of record m 1916 We did not search further back to ascertam the ongmal date of the plat 2 The lot has changed ownership numerous times over the last 100 years 3 The lot has changed ownership twice in the last 4 years 4 The purchase of lot 39 was its own real estate transaction, with a separate closing date, and a different closing company from the sale of the home at 1307 N Broadway 5 The City's 2000 feasibility study (obtained from the City's Engmeermg department in Apnl of 2003) for the sewer/water project states that the project will "provide services for future development" We reasonably interpreted the meaning of "future development" to mean building on existing parcels as well as potential future parcels 6 Water and sewer services have been constructed to the area 7 Water and sewer stubs have been installed for lot 39 2 III Description of Home Recognizing the limitations of the site given the topography, and as evidenced by the improvements we have made to our existing home, we have designed a home that is modest m size and sensitively designed to reflect the property and the neighborhood The following is a descnption of the proposed home 1 Single-family home with two -car attached garage 2 Two-story bungalow design 3 Extenor elevations, floor plans, and site plan are attached 4 Exterior is Hardi siding, pamted m natural tones to allow the home to blend into the landscape/surroundings 5 A craftsman style pnvacy fence near the southwest corner of the home will screen the south side yard from the street (drawing of fence is provided with house plans) 6 Home dimensions/charactenstics a Two bedrooms, with future expansion area above garage for 3`d bedroom b Three baths (two full and one half) c Footpnnt of home is 30 feet wide and 38 feet deep d Front porch is 8 feet deep, and extends across the front of the home e 16x14 foot deck (at the rear of the home), constructed on posts f 14x14 foot screen porch (at the rear of the home), constructed on posts g Attached 24x24 foot garage h Height of the home, using the average front ground elevation and the midway point of the roof slope, is 22 feet 6 mches 7 We propose to construct our new home at a 25-foot front setback This setback was selected through a careful balance of the limitations of the site, consideration of the natural topography, impact on trees and the resulting driveway slope The result is a 11 9% driveway slope from the street, and 4% dnveway slope in front of the garage (Note The slope of the street is 14%) b Removal of 2 Locust trees from the slope behind the home c The northeast comer of the home would utilize the first 8 to 9 feet of elevation change to accommodate a limited walkout at that corner of the home d The south side yard substantially matches the elevation of the adjacent property 8 The impervious surface area for the home footprint and additional structures is shown in the table below Impervious surface area of structure and site Square Footage Per Item Totals Home footprint 1,103 Front porch 238 Garage 576 1,917 Total structure Dnveway 540 Sidewalk 100 640 Total site Screen porch 196 Deck 224 420 Above ground (on posts) 2,977 Total impervious surfaces 3 9 The finished intenor square footage of the home, including the potential expansion area above the garage for a 3`d bedroom, is shown in the table at nght IV Site and Building Issues Intenor square footage Main floor 1,103 Second floor 1,036 Lower level 22 Sub -total 2,161 Expansion area (above garage) 375 Total mtenor square footage 2,536 The information provided in this section is intended to present relevant information for vanances necessary to develop the site according to the existing zomng classification Developable area of lot 1 Because of extraordinary characteristics of the property, strict enforcement of the restrictions would prohibit development of the property to the extent intended by the zomng Extraordinary charactenstics include size, shape and topography a The lot 39 measures 75 feet at the street, and 150 feet deep, for a total square footage of 11,250 b 56% of lot 39 is covered by a slope greater than 25%, thereby the remaining area is 4,950 square feet c These charactenstics present a substantial hardship for full use of the lot 2 Similar and/or significantly more restrictive characteristics were present for existing homes constructed in the past 10 years on nearby parcels on the North Hill Some of these newer homes were constructed entirely on the slope Slope/front setbacks, and the resulting impact on driveway slope 1 Due to the shape of the lot, and the slope on the east side of the lot, strict adherence to the slope and front setbacks would nearly eliminate the buildable area 2 At the elevation of the new roadway surface, the slope of the dnveway becomes steeper as the home moves toward the street As a result, it is necessary to simultaneously consider the front setback, impacts on the eastern slope, and the driveway slope To partially minimize the effect the front setback has on the dnveway slope, the garage elevation is more than 3 feet lower than the main floor elevation of the home a The proposed 25-foot front setback provides the best balance between the impacts on the slope at the rear of the home and the driveway slope to the front b The driveway slope is 11 9% from the street, and 4% for a 20 foot parking pad in front of the garage c The setback and driveway slope will provide adequate area for parking up to two vehicles in front of the garage without impacting the street 4 3 The 25-foot front setback enables our home to be built utilizing the natural contours of the site to the greatest extent possible a Our home will utilize the first 9 feet of elevation change from the main portion of the home to the northeast comer to provide a limited walkout at that comer This approach uses the natural elevation change and does not alter the slope beyond that point b Two small boulder retaining walls at the southeast corner of the home will protect the slope from erosion at the transition from the south side of the home around the south east corner to the east side of the home The height of the boulder retauung walls are typical to that of a standard walk out, and will not exceed 4 feet high c To accommodate the construction of the screen porch and deck at the rear of the home, footings to support posts will be located within the slope This approach provides minimal disruption to the ground area for individual footings, and is similar to the deck constructed in 2003 on lot 40, but with fewer footings Impact on trees over 6 inches in diameter on 25% or greater slopes All trees on the site over 6 inches in diameter are Locust trees It is our desire to retain as many trees as possible on the site Because great care was taken to design the home using existing topographic elements and with consideration of existing vegetation, we were able to craft a solution that 1 Preserves all trees over 6 inches in diameter at the rear of the home except for two Locust trees One tree (near the screen porch) is located where a retaining wall will be constructed at the southeast comer Another tree (behind the garage) is estimated to be two feet from the foundation for the garage, and at a higher elevation than the final grade 2 The triple trunk Locust tree located near the eastern edge of the deck will be preserved by adjusting the deck at the time of construction, even if it means notching the rear edge of the deck for the tree 3 The front setback at 25-feet has no impact on trees over 6 mches m diameter because the two Locust trees to be removed (see #1 above) would need to be removed even at a 20-foot setback (Note A 20-foot setback would result in a driveway slope of 15% ) V Variance Request and Justification The following listing is presented as a summary of issues supporting the consideration of variances for our future home Hardship — A hardship peculiar to the property, not created by any act of the owner exists 1 The size of the lot and the slopes present on the lot create a hardship peculiar to this parcel, and were not created by the owner of the property a 56% of the lot has slopes of over 25% 5 b The parcel is a legally platted lot of record (since the early 1900's), m a residential zone which allows single-family homes to be constructed on said lots c Due to the slope and setback requirements, a single-family home cannot reasonably be constructed on this lot without some relief from the setback requirements 2 The value of the lot for tax purposes ($127,000 for 2005), the purchase pnce of the lot in 2003 ($115,000), and the appraised value obtamed by the previous owner ($170,000 in 2003) are all consistent with a buildable parcel a We believe our proposal presents a responsible approach to the resolution of the site limitations If we are not given reasonable use of the property, we will have to sell lot 39 and then a future owner will present a variance application to the City to obtain full use of the property b It is very likely that another variance application would occur in the very near future, especially due to the installation of sewer and water this year c Even though the desires of a future owner are unknown, given current trends in home construction it is very likely that a future proposal would involve a larger home with greater impact on the site Property Rights — A variance is necessary for the preservation and enjoyment of substantial property nghts, and, if granted, would not constitute a special pnvilege not enjoyed by neighbors 1 The variance is necessary in order to exercise substantial property nghts a The lot was platted as and was represented by at least the last two owners as a developable parcel for single-family residential purposes b The parcel is not a remnant parcel or an outlot parcel It is a legally platted lot 2 The vanance would not constitute a special pnvilege a Our proposed home miumizes disruption to the slope b Our proposed home is consistent with the zoning of the property (single-family residential) c Homes in the surrounding area enjoy similar if not more substantial use of slope areas d In some instances, homes in the area are built entirely on steeply sloped areas 3 The estimated market value of the property is not consistent with a non -developable lot ($127,000 for 2005 taxes) 4 No reasonable/responsible use of the property could occur in conjunction with the existing home on lot 40 because any expansion of the home would result in construction even further onto the slope than our proposal for lot 39, because of the location of the home 6 Impact on adiacent property — The authonzmg of the variance will not be of substantial detriment to adjacent property and will not matenally impair the purpose and intent of this section or the public interest nor adversely affect the comprehensive plan 1 The granting of the variance would not provide a detriment to adjacent property and will not impair public interest a Substantial tree coverage already exists on the east slope of the lot and will not be altered as part of this request b The size and height of the proposed home is modest and will have a mimmum impact on views from adjacent properties c Adjacent property to the south (lot 38) is not developed, and at this time only contains the dnveway for a home that is located several lots to the south d Adjacent property to the north (lot 40) has no view through lot 39 due to the tree coverage on the east slope of the property, which will remain unaltered e The home will not be detnmental to the neighborhood or public welfare, because of the modest size of the home, minmlal impact on the site and the overall design of the structure f The character of the neighborhood was considered and the design of the home is compatible with older homes in the neighborhood 2 The proposal provides for use of the site under the present zoning 3 The proposal mmimizes cut, fill, earth moving and grading a Muumal modifications to the natural terrain occur only to the extent necessary for the home b Construction/excavation activities are limited to the foundation area and the north side of the lot (for the garage) c Construction activity m the slope to the rear of the home will be limited to deck/porch post footings or for the construction of two modest retaining walls (typical size for a standard walkout) 4 Existing natural features of the site will be preserved to the greatest extent possible a The natural vegetation and trees along the southern boundary will be preserved b As much natural vegetation on the north side as possible will be preserved between the two parcels for pnvacy of both property owners c The garage will act as a retaining wall on the north side of the lot The lower elevation of the garage also mimm,zes the need for fill on the site 5 Natural non -vegetative features of the site are preserved a. The old stone retaining wall on the north side of the property will be preserved b Existing rock structures/outcroppmgs are preserved 6 Modifications to the terrain will not impact water runoff and soil erosion, and gutters and downspouts will be used to collect and direct rainfall from the home and toward the City's storm system 7 The builder will work closely with the buildmg department to comply with all city codes and requirements for the resolution of site disturbance problems if any occur 8 The construction of a home on lot 39 will not adversely impact the comprehensive plan as this neighborhood is designated for single-family residential m the plan Further, the design of the home and consideration for the natural habitat are compatible with conservation objectives of the comprehensive plan 7 VI Summary We are thrilled to make Stillwater our permanent home and enjoy being a part of the North Hill Neighborhood We agree with the pnnciples of the City's conservation regulations and it is also our desire to protect the slope and the trees For that reason, and even though the water and sewer system is not quite ready for us to hook up at our current home at 1307 N Broadway, we have already hired a trenching contractor to bang the sewer and water to the house, and a plumber to make the necessary intenor plumbing changes We're concerned about the long-term environmental effects of on -site septic systems, and are looking forward to connecting to the municipal sanitary sewer and water system Our proposed home design is an extension of that respect for the City's history and conservation through the construction of a home with a small footprint We want our new home to blend into the neighborhood and environment, not to stand out as an obvious recent addition Given that there will be a new owner for one of these two parcels in the next year, we believe that it is in the best interest of the City and ourselves to select the optimal solution for the site It is in our best interest, because it allows us reasonable use of the property It is in the best interest of the City, because we also are interested in protection of the site, at the same time that we are asking for reasonable use of the property We have been responsible and respectful in our efforts to improve the home at 1307 N Broadway Our proposal for lot 39 is in keeping with the spent and intent of the ordinance and with the surrounding neighborhood, as well as construction that has occurred on other property in Stillwater We would be happy to meet with the Planning Commission members on the site m the days leading up to the Planning Commission meeting, provided it is appropnate Stillwater is a wonderful place to live We look forward to buildmg our retirement home as soon as possible We greatly appreciate the opportunity to present our proposal and thank the City staff and Planning Commission for taking the time to review our application Thank you for your consideration, a/ u //7L '74%,i/�� * " (*1 Jeanne Haapala and Nancy Walsh 1307 Broadway Street N Stillwater, MN 55082 651-439-7645 home 651-490-4621 Jeanne at work 8 Photos of Site and Surrounding Area The photos presented below and on the next few pages provide a view of our proposed home site (lot 39) from a number of viewpoints and illustrate some of the homes in the area. Photo #1 below was taken on October 10, 2004 from Highway 95. As a point of reference, the open area in the center of the photograph is where the City installed the sewer connection up to the end of N Broadway. From the angle of this photograph, two existing homes are located on the East side of North Broadway and to the left of the clearing. The first home (on lot 41) is barely visible through the trees. Although the second home (lot 40) is at a considerably higher elevation, it is not visible from Highway 95 due to screening provided by trees. Lot 40 Photo #2 below was taken on November 18, 2004, after the leaves had fallen. As shown, the home on lot 40 is only partially visible. The proposed home on lot 39 would be screened even more so because of the dense growth of locust trees on the eastern slope of the lot. Lot 39 Lot 40 Lot 41 Photo #3 below, of lot 39, was taken on September 26, 2004 from the center of N Broadway (on the West boundary of the lot). Photo #4 was taken from the same location on October 22, 2004. As shown, the contractor for the sewer/water project had sufficient space to store two large pieces of construction equipment when not in use. We were happy to accommodate their need for temporary storage of equipment off of the roadway, especially due to the limited amount of off street space available in the construction area. The photo also shows the stubs for sewer and water services to the site. 2 Photo #5 below, of the northern boundary of lot 39, was taken on October 10, 2004. The photo was taken from the southern edge of the deck on the rear of the home on lot 40 (1307 Broadway). As shown, the natural tree coverage present on the lot almost completely screens the construction equipment. Photo #6 below, also of the northern boundary of lot 39, was taken from the front yard of lot 40 (1307 Broadway). The area shown is approximately the west 50 feet of the northern boundary of lot 39. The proposed garage would set into the slope serving as a retaining wall, and the old stone retaining wall would be preserved. Homes in the Neighborhood As the City staff and the Planning Commission are aware, there are a variety of home styles on the North Hill. Despite the differing styles, from historic Victorians to modern rambler designs, most of the homes on the North Hill have existed for a considerable length of time. Because of the age of most of the homes, we selected a bungalow exterior for our future home on lot 39 because it is our desire to construct a home that will appear to have been part of the neighborhood for a very long time. Our goal is for the new home to look as if it has been recently rehabilitated, rather than newly constructed. The photos below and on the following pages illustrate the variety of home styles on the North Hill, and also include some photos of relatively recent homes built on steep slopes. The three photos below show homes along the west side of N Broadway across the street from our lot (lot 39). A-4 Below are photos of two further to the south on N Broadway. The home shown in the photos at left and below is located at 1317 Broadway (lot 41), and is next to the utility easement where the sewer system accesses the interceptor along highway 95. ,A-5 The home in the first 2 photos (built in 1993) is located at 1425 Riverview Drive. The home in the next 3 photos (built in 1994) is located at 1413 Riverview Drive, within sight of our lot on North Broadway. The photo below and to the right was taken from North Broadway (near our lot). A- 6 Additional homes within one to two blocks of our home site are shown below. Several of the homes presented on the previous pages are built partially or substantially on steep slopes. Finally below are before and after photos of our current home at 1307 N Broadway. We have made a considerable investment in this home to make it more appealing to the neighborhood and to future owners, to correct some known problems with the home, to resolve an ongoing drainage issue on the site, and most importantly to preserve the property and in doing so protect property values in the neighborhood. A_ 8 Our Proposed Future Home for Lot 39 The preceding photos were provided to illustrate the variety of architectural style in the North Hill Neighborhood. Our proposed home will be designed so that it will be compatible with the surrounding neighborhood. The drawing below illustrates the front elevation of our home. 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CD V1 ►-• V1 i c+ (D CD O CD 5 Cl -5 Cl Cl 01 (D a c+ (D 1n V) a < a1 O CT) (D ►-••7 a - 7 • 7 --5 N— co+c&+ WV) O as o r+•0 ID Q c0 • m c.n N ►-• ►-• C < < 7 C -5 C (D ae ae C) ►' d w c+ CT CD ►-•• LANO fD3 1-• ►-- i S ►•.•• 0 ►-, (-+ G) G) < 0. I C C ►-• (D ►-• a a -5 < 5 -5 CD V1 (D (D c+ 0 • ►.• C (D Cu a1 -5 S a ►.• S V1 O Cl -5 a a c+ o a1 0 ► • O c0 C+ ►-• (D CD ►-•• X \ , 'D c+ c+ -1 C -11 Cl O C -- N -5 ' a, 3 01 ►- - a o < r r ► . ►.. ►' CU • 0 VI -5 1--• VI V) > > -5 CD ►-• 1 • c CD CD O (D • S a1 ►-- - COl c+ co c+ 1-•• CD ►•• C (D a N g :aoj paaedead kanans 0 rn c) rn 0 -n rn O tf (D November 22, 2004 Sheet 2 of 2 Sheets STACK LAND SURVEYING 9090 North Fairy Falls Road Stillwater, MN 55082 (651) 439-5630 Jeanne Naapala 1307 Broadway St. North Stillwater, Minnesota 55082 re: Additional Survey Notes and Misc. Area Calculations for Lot 39, Block 7, Carli and Schulenburg's Addition to Stillwater, Washington County, Minnesota. Dear Ms. Naapala, Additional information pertaining to the above captioned Boundary and Topography Survey are itemized below: (see sheet 1 of 3 sheets for graphic details of survey) 1. Setbacks requirements: (verify with City of Stillwater) Front = 30.00 feet: Side = 10.00 feet: Rear = 25.00 feet: Setback from slopes greater than 25% = 30.00 feet. 2. Lot Area Requirements: = 10.000 square feet: (not to incl. slopes of more than 25% Grade, 50 feet long, horiz. measure.) Overall Lot 39, Block 7, contains 11,250 square feet, more or less. Slopes greater than 25% = 6300 sq. ft.+- or 56% of overall lot area. Slopes less than 25% = 4950 sq. ft +- or 44% of overall lot area. 3. "NCC", as shown on Sheet 1 of 3 Sheets, indicates new concrete curb in place. Spot elevations shown on said curb are back edge (towards Lot 39) of curb elevations. Note new curb cut and entry elevations as shown on Sheet 1 of 3 Sheets. See Sheet 3 of 3 Sheets for proposed structure location and site grading plan details as prepared and supplied by Landsted Homes, 431 Second Street, Hudson, WI. 54016. tel (651) 436-6000. The proposed structure location and grades, as shown on Sheet 3, have not been field staked by Stack Land Surveying. If you want me to field stake the final house plans and grades, please supply me with a set of final house and site plans and I will proceed as directed Respectfully Submitted, 6t /f I hereby certify that this survey, plan, or report was yl' prepared by me or under my direct supervision and that 1 am a duly Licensed Land Surveyor under the laws of the State of Minnesota. Barrett M. Stack, PLS / Barrett M. Stack ! Date: 1F— 2 2 —p14 f;,L_ License No. 13774 I Property Information LOTS AND LAND - LL GOLDWCLL •ANI(CIR O BURNET Qm Independently Owned And Operated By NRT Incorporated Information Deemed Reliable But Not Guaranteed MLS# 2109849 Off Market Date Sell Pnce List Price $170 000 Listing Date 01/28/2003 Address xxx N Broadway TAX 264 MUN SW Stillwater ZIP 55082 Area 727 SUB ASB 0 ASP NO Lake\Waterfront ACR 0 250 Actual Market Time 61 Selling Office Expiration / 2002 TWA 264 County WASH DIR N on 2nd to St Croix Ave E to Broadway N to Lot Agent Lot adjoining 1307 N Broadway mls# _ Public 2108424 Lot will only be sold after home sells Call for details Awesome St Croix river views Lot Description Legal Desc Acres School Dist # School Dist Phone Agent Name Listing Office ID Listing Office Tree Coverage Medium none 0 250 834 Stillwater 651 351 8340 Richard McDonough GRI 8417 Edina Realty Inc Listing Agent 65914 Selling Agent Date Status ACT Washington Property ID 2103020440013 Financial Rem MAP A4 83 BC 2 7% SA 2 7% VRC N App Phone 651 430 3200 Lake/Waterfront River View Land Inclusions None Terms Other Topography Other Lot Description Zoning Tree Coverage Medium Residential Single On Site Utilities None Photo Code I Will Send My Own Restrictions/Covenants None Road Frontage City ) PLANNING APPLICATION REVIEW FORM CASE NO. V/04-95 Planning Commission Date December 13, 2004 Project Location 3180 Ilo Way Comprehensive Plan District Lakeshore Residential Zoning District LR Applicants Name Mark Lindeberg Type of Application Variance Project Description• A variance for a two level garage 1,950 square feet, total 975 square feet per level Discussion The request is for a two level garage The top level would be used as a three -stall garage and the bottom level used for non vehicle storage The three -stall, first level garage measures 975 square feet, just under the 1,000 square feet maxium The bottom level would have a single garage door as shown but would not have dnveway access The applicant has indicated the bottom level would be used for storage but not vehicle storage If the lower level accessory building space is approved by variance, conditions could be placed on the request to limit the use of the space to non vehicle storage or to reduce the size of the door opening to eliminate use of the level by vehicles Recommendation Denial Attachments Applicant and plans Findings 1 That a hardship peculiar to the property, not created by any act of the owner, exists In this context, personnel financial difficulties, Toss of prospective profits and neighboring violations are not hardships justifying a variance 2 That a variance is necessary for the preservation and enjoyment of substantial property rights possessed by other properties in the same district and in the same vicinity, and that a variance, if granted, would not constitute a special privilege of the recipient not enjoyed by his neighbors 3 That the authorizing of the variance will not be of substantial detriment to adjacent property and not materially impair the purpose and intent of this title or the public interest nor adversely affect the Comprehensive Plan PLANNING ADMINISTRATION APPLICATION FORM COMMUNITY DEVELOPMENT DEPARTMENT CITY OF STILLWATER 216 NORTH FOURTH TREET STILLWATER MN 55082 Case No Date Filed Fee Paid Receipt No ACTION REQUESTED Special/Conditional Use Permit Vanance Resubdivision Subdivision* Comprehensive Plan Amendment' Zoning Amendment* Planning Unit Development * Certificate of Compliance The fees for requested action are attached to this application *An escrow fee is also required to offset the costs of attorney and engineering fees The applicant is responsible for the completeness and accuracy of all forms and supporting material submitted in connection with any application All supporting matenal (i e , photos, sketches, etc ) submitted with application becomes the property of the City of Stillwater Sixteen (16) copies of supporting matenal is required If 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 of supporting material will delay the application process PROPERTY IDENTIFICATION Address of Project 3 / coo L l✓/ Assessor's Parcel No 3/6 3oVO 3/ Od � (GEO Code) Zoning District /P Description of Project Ow IL Dig )6, IA)/V-4t/7 & ✓/�2l�t.vCE 7-0 - )QZ A- .517)2r-r /. Mac- rt) i /-c*' A- &ArZ, -6E Dom' mivat a 3vati czc C AZ4e "I hereby state the foregoing statements and all data, information and evidence submitted herewith in al respects, to the best of my knowledge and belief, to be true and correct I further certify I will comply wit the permit if it is granted and used " Property Owner I"lft&J .. A ,Li -- Mailing Address 3/Z0 2Zo /44-Y City - State - Zip Jri Ara4z_ l %) Z- Telephone No £ 2 / 4 '7 a7- Signature Lot Size (dimensions) bv x2it- Land Area ‘P., O91, Height of Buildings Stories Principal 2 Accessory Representative Mailing Address City - State - Zip Telephone No Signature (Signature is required) SITE AND PROJECT DESCRIPTION Total Building floor area�32OO square feet Existing Feet square feet Proposed square feet Paved Impervious Area square feet No of off-street parking spaces — H \mcnamara\sheila\PLANAPP FRM May 1, 2003 1 nn el..., um mum d ®are, .ro.meane. r,s a M .see.m.n Wk. T.�r.." w to towlnn..e PAT.. cant r. ' 1 1 —7 7 4, ,1 '14V-Y• } I— Il Sr IL T I 4 ti V t'k r t— 4.-ct 1L_ a� 4 • 11 44 7. 1 .4 e 1 -i ra ' C I'„1y 5 1 -1. T �- d `,- S -27 ar a�a T t f 7L 4 ▪ s 774 r }� SS `tr9+�`2'J",' + FS�% Zit' SI y rr r 777-'5 'il' : if+" f - ' -:: Fyr 1t t r ...... !y, 3 S r 4 � Y� ti ,'1 �µ3 F'L � I rfit5 '1- � r .f F 1, d 11'�tiiiiia,T,`Cary i` f ti'1r;. PSI i# r i r 11 i. HI r �,�C�5�#�r,"° L rtit ' I { �iyer ,�,I43Y5 1;11 ,,.a �F1, rrt {5 r 4 t it44 ri S 2,1lt4i i. 44 fl s`t i i°4 I''1 E7 ;4',' { '' .4 r Y .7 l`L' r tr_" ~— it,Y .r ' -do- t e x u .14,11 rA xR `._ 41 S45 + 4.' I, r ''r-r Sy 3' 4 av w�y- m r., f r /� 11 I II I I N w " N v �k? s rfr,{tf f �5n ti et) f(# xb i q y £hlitittee dNI 5C3`Tt% r 5t h lr .i 'V r}' F1 '' I-- lr�� .a L 1. ts nt lepc4t. re tK r } 1 M if' H $ 1 i 4.} 4 r ga R f E ) G. 7 A R 7-C sit ', r 'S w a°' 1 I• y.1 ti w 3, IA 4,0 a h a i a 7 y `X' I R Fir .y4 h4f a.P a VI wr S r1Y. , -drip . V { 1 d �� f •F�`a�` 14' ldµt � y E i`1�r "rIti.ftS� r � z I� � ,�r'�t"}�n,1ux���1+ �,�t T� k' 44 1,"4,rb wl e � yY tlF ,w "r,l 1 tit t, 1 � ro kP + J { 1 Y t I a ...Or r — 1 1 MAIMING NUUOM i 7 1 • d S 4 J N1 V 1/ Nl c1`IN.5a-11=1t2& r 4�11 04 ,f t, e:94 bi, smas*rh't * .3 Y.,vT.w„^f t•:4,. &. r kr ill r f 11 ` � J _ = -- -- - -- ' z I T I/ P I 4 1 +• 4 3 1 4 t y6i r 7 ,� PM�"J."9 r..� t I✓ S. t- r • 41lr `I N °f ��..��.,jj+�r-h .&. byy Y�a Y d tit Y S NINiel 414'.0.-2:4 --219 --1— lV 1 utility easements dedicated yin the final plot Not have been created by other Instruments. Pond sires Cron l preapstation and climate cyder. The sires and 'epresentatlon of the pondh9 areas under average conditions. A• Perntam Land company reserves the right to sell lots sr; and consumers. 4't ,/ •.\ ,�/, \ \\\�'O 20.006st \> \ • N. off • / \N 1 `N. \J/ /• we 1 1 1 / i 40 .. 4 Vas 5 45.634sf `� N.• • \\ \ \ lad► • 4 �\ \\ 27,094sff • •• \ tr / / 002sf N4-1�: 20.046sf • • •A1// \ , •\\v/i • • • \ ♦ 11.5998E \gni v • \ • • • • • / ♦ / / / 6 22.284.E p// ♦ / ♦ ♦ • / / • \ \ • / r \ ♦ 7 //� 20,885sf 0^►/ / / \4 ./ / / / / f ! / �• 62 J ! / Oi-tWL - 891.5 85' Lakeshore Bulding Setback Except Lot 5 40' Tral Easement Lakeshore Trai 8' Bit Pathway Shared Dock (Typ.) 5 Total to be Reid Located ., .06 SOLD 7 / ,/ / / 24,194sf i / / 29,5946f / I / / N. / / • / / \•\ / / \ / / / / / / / / / / / / • 4 35,431 if ▪ • 5 ,1 .0 PLANNING APPLICATION REVIEW FORM CASE NO V/04-96 Planning Commission Date December 13, 2004 Project Location 1420 North Fourth Street Comprehensive Plan District Two Family Residential Zoning District RB Applicants Name Jennifer Peterson representing Cates Construction Type of Application Variance Project Description A variance to the rear yard setback (25 feet required, 14 feet requested) for the construction of a two car garage with a breezeway Discussion The applicant is requesting a variance to the year yard setback to construct a two car garage with a proposed breezeway to the house The property the existing house is on is 72 02' by 135 26' The front door of the house is located on Fourth Street side creating a narrow lot with just 72 02' to the rear Logically, the front door should have been located on the West Moore side and there would not be a need to seek a variance With the situation of the existing site, a detached two car garage could be constructed without a variance five feet from the rear and side yard property line In the attached letter from the applicant, she states that there are photos attached They are not in this report They will be available at the meeting Recommendation Denial Conditions of Approval Should the Commission approve the request, staff suggests the following conditions of approval 1 The addition shall be similar in design, color and materials as the main structure 2 All revisions to the approved variance be reviewed and approved by the Community Development Director Findings 1 That a hardship peculiar to the property, not created by any act of the owner, exists In this context, personnel financial difficulties, loss of prospective profits and neighboring violations are not hardships justifying a variance 2 That a variance is necessary for the preservation and enjoyment of substantial property rights possessed by other properties in the same district and in the same vicinity, and that a variance, if granted, would not constitute a special privilege of the recipient not enjoyed by his neighbors 3 That the authorizing of the variance will not be of substantial detriment to adjacent property and not materially impair the purpose and intent of this title or the public interest nor adversely affect the Comprehensive Plan Attachments Application Form/Letter from Applicant/Site Plan PLANNING ADMINISTRATION APPLICATION FORM COMMUNITY DEVELOPMENT DEPARTMENT CITY OF STILLWATER 216 NORTH FOURTH STREET STILLWATER MN 55082 Case No Date Filed Fee Paid Receipt No ACTION REQUESTED Special/Conditional Use Permit Variance Resubdivision Subdivision* Comprehensive Plan AmendmE Zoning Amendment* Planning Unit Development * Certificate of Compliance The fees for requested action are attached to this application *An escrow fee is also required to offset the costs of attorney and englneenng fees The applicant is responsible for the completeness and accuracy of all forms and supporting matenal submitted in connection with any applicat,on All supporting material (1 e, photos, sketches, etc) submitted with appl:cat,on becomes the property of the City of Stillwater Sixteen (16) copies of supporting material is required If apphcat►on is submitted to the City Council, twelve (12) copies of supporting material is required A site plan is required with applications Any incomplete application supporting matenal will delay the appl:catron process Zoning District ' C� C '✓1; �2�', 4� �¢/ '/ ` �l�t� c c�L�� r /'1 /(e_ C (j /1 t6 he) 01L.(2- iJ PROPERTY IDENTIFICATION Address of Project /yo y/-41A S - Assessor's Parcel No 2 1030,2d 3y c7(Y -A (GEO Code) Description of Project AA-,1i 6e-e-e letCat He i— "I hereby state the foregoing statements and all data,'nformaton and evidence submitted herewith in respects, to the best of my knowledge and belief, to be true and correct 1 further certify 1 will comply r the permit if it is granted and used " Property Owner ►,J e t1(I 1 k( Ptyk(S c, -, Mailing Address ZOO Ok ill d 0 a}1 City - State - ZipS h l tW a t " MI '-`5Z1 L Telephone No lC) c-'t - U ?J i - 4-4 S:gnatureC`.�Lti� Representative J o o d Mailing Address ��-'21-' c� c:� L. �(- I7, 6/cl� City - State - Zh 11 -°,-,a/1)n �z,bf Telephone No Cv )7 - 4% 3q ? yL f 1)4., Signature (Signatii'e is required) Lot Size (dimensions) / Zixi IS SITE Land Area_ Height of Buildings Stories Feet Principal ti Accessory L %� G (Sig ture is required) AND PROJECT DESCRIPTION Total Building flgg,or area 53 0 Z square feet Existing `'(g g 1 square feet ProposedS201±*=WA square feet Paved Impervious Area lotto square feet No of off-street parking spaces a H \mcnamara\sheila\PLANAPp FRM May 1, 2003 CMS CONSTRUCTION INC. Builders & Rem°ele`� C lis,t° November 23, 2004 Planning Commission City of Stillwater 216 N 4th Street Stillwater, MN 55082 Planning Commission: 2000 Industrial Boulevard Stillwater, MN 55082 651-439-2844 office 651-430-2922 fax I, on behalf of Cates Construction, Inc, is kindly requesting a variance for the property at 1420 N Fourth Street. 1420 N Fourth Street is on the corner of North Fourth Street and Moore Street, the front is considered to be Fourth Street. Due to the front being North Fourth Street and that last year we split the lot into two lots, we are having constraints with the rear lot set back (please see attached survey). We are going to completely remodel the home at 1420 N Fourth Street both interior and exterior. We would like to add a two car garage and breezeway that connects to the home. As the current house sits there is a back entry that is currently 11.42' from the lot line that we would like to tear down. The existing house (less the back entry) is 15.42' from the back property line, we would like to add the garage and breezeway, the garage would be 14.00' from the property line and the breezeway would be 18.50' off the back property line. Clearly this house is an eye sore to the neighborhood and needs attention. We feel this is a reasonable request because we are actually taking down a structure that is closer to the back property line and putting the new garage 14.00' off the back property line. In addition, we feel the neighborhood will welcome our company at performing the renovation project. Please see the attached photos of homes we have done in existing Stillwater neighbors, the remodel at North Fourth Street will be similar in nature to the attached photos. Thanks for considering my request Sincerely Ca-6540. Jennifer Cafes Peterson CERTIFICATE OF SURVEY FOR CATES CONSTRUCTION AREA SUMMARY TOTAL OF PARCEL = 19,484 SQ FT / 0 447 ACRES PARCEL A = 9,742 SQ FT / 0 224 ACRES PARCEL B = 9,742 SQ FT / 0 224 ACRES NOTES UNDERGROUND UTILITIES NOT LOCATED OR SHOWN EASEMENTS IF ANY, MAY EXIST THERE WAS NO EFFORT MADE TO RESEARCH RECORDED OR UNRECORDED EASEMENTS BEARINGS SHOWN ARE ASSUMED ELEVATIONS ARE ON ASSUMED DATUM EXISTING LEGAL DESCRIPTION Lots 1, 2, 3 and the East Half of Lot 4, Block 1, WILKINS ADDITION TO STILLWATER, Washington County, Minnesota (LEGAL DESCRIPTION PROVIDED BY CATES CONSTRUCTION) PROPOSED LEGAL DESCRIPTION PARCEL A Lots 1 and the east 30 87 feet of Lot 2, Block 1, WILKINS ADDITION TO STILLWATER, Washington County, Minnesota PARCEL B Lot 3 that part of Lot 2 lying west of the east 30 87 feet thereof and the East Half of Lot 4, Block 1, WILKINS ADDITION TO STILLWATER, Washington County, Minnesota SEE SEPARATE SHEET FOR PROPOSED UTILITY EASEMENTS CERTIFICATION zc`t's 1tt /0/> / REMOVE GARAGE to O CONCRETE CURB & GUTTL-R WEST MOORE STREET • • • N90°00'00 "E \melCONCRETE 1 RB & GUTTER — - ---" -r- III X w X I I Cl M ,u = M z N CZ u_ LLI eZ > O a1X o O 3 W tY G� or N� SAN `PROROSEDt 1 I ID I — 0 72 b2 `---�, 0 - EASEMENT' �D1 4 r.,,,%/////�_tl � / if I Iz cs r 1 ° 1 I • 15� 1 O`7�I I PORCH 1 l n (GARAGE if , th i N. 1�L� ��00 FLAT !/ w 0 w t —OI/X• 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 State of Minnesota DANIEIGES License No 25718 Date 0 571 Ow O2 $193 0� ce /0? t 7' T< < 7/ \---_ oz,),/��i//�///o 40'100 1 PROPOSED HOUSE 1 17102 KTY c03 O�\0\' OKI 5) i 17102� PARCEL/ B a PROPOSED _\II1 I7202 \ O Q"1-1'‘ �O ,`9�L \1 EASEMENT\OI\ _ 5 - 30 87 -- w 2 4� r --REMOVE ce- 17175 -- %/i // // //r///Gl/l�///l//,%l/r, / / r, EXIS1fi IING HOUSE tom\ j I %/i////r/ %//// /cif CHIP I 140 I o_D O cc ow* --10 Q —I 17188 317 k, 400 G800qk ~ 0 PROPOSED o GARAGE GFE=19 5^' 26 00 r 98 7 Gez -PAIkY I '5° 4. wI N rn I w Z �^ w a Ion a a w w I `tn - �, 5I , 10 UTLILITY��� '� 1; EASEMENT LA., PROPOSED `` ; O EASEMENT \ rg JG ,,C"\ `LOT CORNER FALLS ONx 1p OL ���`� I to / 4100 PLAT ' 4116 MEAS � I 1� 's 0, �k, 4 <L SA S 72 02t O 1 110 TMES ABC ; P�0 f72,02 $ G` XZ_ C L FENCE WOOD FENCE FOUND 1/2" i 4 �/�//i/////////////////////% 2 —/ IRON PIPE I 144 05 1,4:;1 EXISTING HOUSE O MARKED N90°00'00"W co FENCE POST — NO RLS c1232 m MONUMENT SET c\1 11-6-02 REVISED 11-20-02 REVISED 5-5-03 EASEMENTS REVISED 11-3-04 GARAGE REVISE d 11-23-04 GARAGE a- N OU- —SAN -FOUND /2" —IRON PI E MARKED R L S q�232 /I PROJECT LOCATION 1420 NORTH 4TH STREET STILLWATER, MN 55082 O O NORTH 0 20 40 71.77-J SCALE 1 INCH = 20 FEET CATCH BASIN HYDRANT SIGN -"� WATER VALVE UTILITY POLE LIGHT POLE TELE/ELEC BOX GAS VALVE OVERHEAD WIRES WELL MANHOLE CULVERT rn GAS METER X x FENCE CONCRETE • DENOTES FOUND 1/2 IRON PIPE p DENOTES SET 1/2 IRON PIPE PIPE MAR RLS 25718KED 1902 South Greeley Street Suite #3 GWO Building Stillwater MN 55082 Phone 651 275 8969 Fax 651 275 8976 dlt-csls@ mcleodusa net CORNERSTONE LANQ SURVEYING INC PLANNING APPLICATION REVIEW FORM CASE NO V/04-98 Planning Commission Date December 13, 2004 Project Location 2214 Fairmeadows Road Comprehensive Plan District Single Family Residential Zoning District RA Applicants Name Dan Register Type of Application Variance Project Description A variance to the rear yard setback (25 feet required, 22 feet requested) for the construction of a four season porch Discussion The applicant is requesting a variance to the rear yard setback to construct a four - season porch addition to the house It is staff's recommendation that the design of the porch be revised to measure 15 foot by 18 foot rather than 18 foot by 18 foot The applicant would not need a variance to construct the porch at the advised dimensions Recommendation Denial, the applicant could construct a 15 foot by 18 foot four season porch and not require a variance permit Conditions of Approval Should the Commission approve the variance, staff recommends the following conditions of approval 1 The design, materials and color of the addition be compatible with the main structure Findings 1 That a hardship peculiar to the property, not created by any act of the owner, exists In this context, personnel financial difficulties, Toss of prospective profits and neighboring violations are not hardships justifying a variance 2 That a variance is necessary for the preservation and enjoyment of substantial property rights possessed by other properties in the same district and in the same vicinity, and that a variance, if granted, would not constitute a special privilege of the recipient not enjoyed by his neighbors 3 That the authorizing of the variance will not be of substantial detriment to adjacent property and not materially impair the purpose and intent of this title or the public interest nor adversely affect the Comprehensive Plan Attachments Application Form/Letter from Applicant/Letters from Neighbors/Site Plan/Elevation Drawings ,ro PLANNING ADMINISTRATION APPLICATION FORM COMMUNITY DEVELOPMENT DEPARTMENT CITY OF STILLWATER 216 NORTH FOURTH STREET STILLWATER MN 55082 Case No Date Filed Fee Paid Receipt No ACTION REQUESTED Special/Conditional Use Permit ✓. Vanance Resubdivision Subdivision* Comprehensive Plan Amendmer Zoning Amendment* Planning Unit Development * Certificate of Compliance The fees for requested action are attached to this appl►cat:on *An escrow fee is also required to offset the costs of attorney and engineering fees The applicant is responsible for the completeness and accuracy of all forms and supporting matenal submitted in connection with any application All supporting material (0 e , photos, sketches, etc ) submitted with apphcaton becomes the property of the City of Stillwater Sixteen (16) copies of supporting matenal is required If application is submitted to the City Council, twelve (12) copies of supporting matenal is required A site plan is required with applications Any incomplete application supporting material will delay the appl:cat►on process PROPERTY IDENTIFICATION Address of Project Z2111 Rov/S j Assessor's Parcel No (GEO Code) Zoning Distnct Description of Project fOtAfr S616ksor-) b O "I hereby state the foregoing statements and all data, information and evidence submitted herewith in respects, to the best of my knowledge and belief, to be true and correct I further certify I will comply w the permit if it is granted and used " Property Owner Cam FlotA Mailing Address a a I N Fans (a-, be d City - State - Zip S hllv-4 G/ s304 Telephone No , S I - a7 4 da Representative Mailing Address Ifs 5-7 k.)eub Y.c-c- City - State - Zip S}.11�c.-V..cc M•• 5 502 7F- t 751 Telephone No 4 1 — y -Act--©Y,`i b Signature (Signature is required) Lot Size (dimensions) x Land Area Signature SITE AND PROJECT DESCRIPTION Total Building floor area 1616 square feet Existing 13 S Z square feet Height of Buildings Stories Feet Principal 1 t t'Iz N' Accessory 2 ignature Is required) Proposed AZ Ll square feet Paved Impervious Area square feet No of off-street parking spaces 8 H \ma amara\sheila\PLANAPP FRM May 1, 2003 November 21, 2004 Community Development Department City Of Stillwater 216 North Fourth Street Stillwater, MN 55082 RE Variance Request - 2214 Fanrmeadows Road Dear Sir or Madam We are respectfully requesting a variance (3 feet) m order to accommodate a four season porch onto the back of our house We want to build the addition to mcrease the living space in our home so that we can stay in our neighborhood It will not negatively impact the neighborhood In fact, it will increase the value of the neighborhood We also mtend to preserve the natural state of our backyard by keeping it wooded Thank you for your consideration Very truly yours, Craig Allen Floen Came Nygard Floen November 23, 2004 Community Development Department City Of Stillwater 216 North Fourth Street Stillwater, MN 55082 RE Vanance Request - 2214 Fairmeadows Road Dear Sir or Madam My name is Ronald Deppa and I live at 307 Laurie Court which is directly behind the Floen residence I have personally inspected the property at 2214 Fairmeadows Road and I approve of the 18 by 18 foot four season porch addition I respectfully request that you approve the variance request Thank you for your consideration Very truly yours, R November 23, 2004 Community Development Department City Of Stillwater 216 North Fourth Street Stillwater, MN 55082 RE Vanance Request - 2214 Fairmeadows Road Dear Sir or Madam My name is William Jordan and I live at 2212 Fairmeadows Road which is directly east of the Floen residence I have personally inspected the property at 2214 Fairmeadows Road and I approve of the 18 by 18 foot four season porch addition I respectfully request that you approve the variance request Thank you for your consideration Very truly yours, tJ /21-u` c ct.�., William Jordan _ 1 _ V i I i1t: l_ r � ! G __L _L _ r L_ I 1- -J_ I _ - IL 1 - -� — _1_ Aff 1 1 1 1 r .71---I 1-______ _ i__ 1 -r - +-- ; -J J- -, r -i_ H_ _ L 1.1 L-_ I - --! - - 1- - 1 a 1 — I r `-) 1- 1 -- } i i i —i i y + 1 _�i __ _-Imo._ -I 1 �- ' I_ �� J i - _U �_ -L-1 -I- L --L -i-;- ; -L- --f-- - -1- --� II- I I h I r r - --L t --' ; - -- L L___i_ -r 2 L cc L g W •I W L_ 1 LJ� t�_ ` 1 _- L__ Lli1 1 1 _r_ ` 1 I I 1 1 L L 1 I- I- - L-J- i -- 1 L_ i I I 1- __L -1__ L ' _,__ I , _ L _L J L _�� I__ 11II_ L_, _1_.-- J -7 USa r� f �_ cbw 01 4-- J.- L I I L I� I I I L_ -F -- - —_ .1 It _ L i ; 1 _ L_ 1 -t-- _ - L_ 1 - _ t_-L - 1 1 i 1- I 1 1 L � � I � i I i i � i I i I I ,r--- 41-- }— —!—a--1-- j —1, I 1— L1�.-r---.�-4 ---I ( ►- { I-I--J-,---1 [--a-- ; i; -j-iLH I1 --- f -! 1 1 1 - h 1 I I ---I - I} —i— + a - 1 ; -1 1 1 -j f I I I - I I I i I I t j I j 1 1 LAB) 1E L h CT RU• mom mom. • „: =oo ...i ■ • IHHHhIIIII 1111111111111111111111111 PLANNING APPLICATION REVIEW FORM CASE NO SUP/04-99 Planning Commission Date December 13, 2204 Project Location 1754 Washington Avenue Comprehensive Plan District Business Park Industrial Zoning District BP -I Applicants Name Jake Soper representing Verizon Wireless Type of Application Special Use Permit Project Description A special use permit to locate wireless antennas on an existing communications monopole with necessary ground appurtenances Discussion The applicant is requesting a special use permit for Verizon Wireless to attach antennas and necessary appurtenances to the existing 98 foot high monopole communications tower site located on the Brines Market property Necessary appurtenances include a proposed 11'6" x 30'0" equipment shelter, a cable bridge and relocated meter rack and telco ped All of the equipment will be enclosed with a chain link fence to match the existing fence The City promotes the use of existing structures/antennas for wireless collaboration Recommendation Approval with conditions Conditions of Approval 1 All revisions to the approved use permit be reviewed and approved by the Community Development Director 2 No signs allowed Findings Special Use Permit The proposed use will not be injurious to the neighborhood or otherwise detrimental to the public welfare and will be in harmony with the general purpose of the zoning ordinance Attachments Application Form/Letter from Applicant/Site Plan/Elevation Drawing/Photo ,I rr PLANNING ADMINISTRATION APPLICATION FORM COMMUNITY DEVELOPMENT DEPARTMENT CITY OF STILLWATER 216 NORTH FOURTH STREET STILLWATER MN 55082 Case No Date Filed Fee Paid Receipt No 51)64- /f ACTION REQUESTED V Special/Conditional Use Permit Variance Resubdivision Subdivision* Comprehensive Plan Amendment* Zoning Amendment* Planning Unit Development Certificate of Compliance The fees for requested action are attached to this appl►cat►on *An escrow fee is also required to offset the costs of attorney and engineering fees The applicant is responsible for the completeness and accuracy of all forms and supporting material submitted in connection with any application All supporting material (i e , photos, sketches, etc) submitted with application becomes the property of the City of Stillwater Sixteen (16) copies of supporting material is required if applicatwn 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 live PROPERTY IDENTIFICATION Address of Project 11 S`�I V L'ic, {�vrt �Q Assessor's Parcel No -12O302o3 loot I. �J /t (GEO Code) Zoning Distnct S Q Description of Project (_. - Ioea fr o... oP w ."eitSS 0.NftvoAata o•' tfi ✓i Co.nwtKwca %(*KS. A44,MoDO(t) 4 J AetceSSAvy ' ✓ rolAr%d' a/s/�iArlthanGt4 f "1 hereby state the foregoing statements and all data, information and evidence submitted herewith in all respects, to the best of my knowledge and belief, to be true and correct I further certify I will comply with the permit if it is granted and used ".l Property Owner koCrER t; //6t Sod Representative 3 AE oPER °tor UenLt, likil Mailing Address Mailing Address qos SefTexio.... Ave #30/ City - State - Zip City - State - Zip 5f. ?au li itiw $1702 Telephone No Telephone No (prl - 2-2.'? 2qt /i Signature Signature �T Gv (Signature is required) Lot Size (dimensions) x Land Area ,s Height of Buildings Stories Principal Accessory ( Feet (Signature is required) SITE AND PROJECT DESCRIPTION Total Building floor area square feet Existing square feet Proposed square feet Paved Impervious Area square feet No of off-street parking spaces B UELL CONSULTING, INC. 0000 905 Jefferson Avenue Suite 210 Saint Paul Minnesota 55102 4740 (651) 225-0792 Fax (651) 225-0795 November 24 2004 VIA HAND DELIVERY City of Stillwater Planning Commission 216 North Fourth Street Stillwater MN 55082 Site Acquisition Permitting Site Management RE Request for Approval of Conditional Use Permit Application for Collocahon of Wireless Antennas on Exishng Monopole Located on Bnne's Market Property, Stillwater, Minnesota Dear Members of the City of Stillwater Planning Commission am submitting this letter to you to respectfully request your approval of the Venzon Wireless Conditional Use Permit application request to attach antennas and necessary appurtenances to the existing monopole communications tower site located on the Bnne's Market property at 1754 Washington Avenue in Stillwater MN Your approval of this application will help to promote the use of existing stnictures for wireless antenna collocation in the City of Stillwater Attached please find the following 1 A completed City of Stillwater "Planning Administration Application Form" 2 16 copies of a site plan diagram and elevation drawing depicting the proposed Venzon Wireless antenna installation and location of its equipment shelter and necessary appurtenances The Venzon Wireless equipment shelter has been highlighted in blue on the site plan for your convenience 3 16 copies of a street map indicating the location of the site 4 16 copies of an aenal photo to show the general location of the site in relation to the Bnne's Market building on the property, as well as surrounding street names and routes of access to the site 5 An Application Fee check in the amount of $500 00 as required in the City's Fee Schedule for this type of application With the submittal of this application packet I would respectfully request to be added to the agenda for the December 13 Planning Commission meeting Please feel free to contact me should you have any questions or comments or require any further information Sincerely Jacob A Soper Sit h Development Agent Direct 651-224-2911 lsoper@buellconsulting com 84 -0 AGO 34 AMSL ANTENNA TIPS (CELLULAR) 11078 -6 C/L OF NANDHOLE TO BOTTOM OF TOWER STEEL PROPOSED CABLE BRIDGE PROPOSED 11 -6 X 30 -0 EQUIPMENT SHELTER1 R PROPOSED CHAIN UNK FENCE TO MATCH EXISTING PROPOSED RELOCATED METER RACK & TELCO PED it VIe1n/ voxx Aar Sowril '-EXIaTIt ANTE!.1 EXISTING DISH ANTENNAS TO BE REMOVED 82 -0 AGL 10 2 AMSL ANTENNA TIPS (PCS) 80 -0 AGL/10 AM ANTENNA TIPS A (PCS) PROPOSED ANTENNAS (12) TOTAL, (4) PER SECTOR ON LET LOW PROFILE PLATFORM fXIST1NC 98 MIJOPOLE EXISTT, G EOUIP SHELTER EJISIINC CHAIN UNK FENCE GRAPHIC SCALE IE DESIGN 9923 VALLEY VIEW ROAD EDEN PRAWE, UN MU (962)1O34299FAR 9031292 of EDW. I ROBERT 1 DAM, AM ARCHITECT PROJECT MIN HWY 36 1754 WASHINGTON AVE STILLWATER MN 55082 0) (o X rn O X N Z Sd31S DNIISIX3 ( PROJECT: MIN HWY 36 1 1754 WASHINGTON AVE STILLWATER, MN 55082 L x x 31VJ ,i 03S0d08 mz gm 0 C m Z 0 CD M x >, fl g� \ cl n m m VERIZON 9955 5ft' Avenue NDAtI Suite # 120 WIRELESS Plymouth MN 55442 (•du) (DIY1108 03SOdO21d 0 3AI80 SnoNIY1n1I9 9NI1SIx3 -- UT — 3C DESIGN© 9923 VALLEY VIEW ROAD EDEN PRAIRIE, MN 56344 (962) 903A299 FAX 903-9292 OF MIX. LTD ROBERT J. DAM. ALA ARORBEOT STREET MAP Existing;T- Mobile Monopole at Brine's Market Y Iveker ciP FAGE 02000 d2.aa. haat/Au MA; 02W GD2, Iva, L1 ND$ z a uu CURVE CREST BLVD W KRUE c TOWER OR W 5STH ST N m 99TH ST N N 3AV NVAON o rORLEANS ST W z 0 z 1 f7 z z w a rr w 0 GREELEY ST S 3O01211S3M 30018 1 Sti3 EVERE 2u SHELTON 57TH ST N 66ThSTN m m � = n CALIBRE RD N 3l1V 0131i010 59T 5STH ST 1 UPPER 5CTH ST N 58TH STREET CIR N AERIAL PHOTO Memo To Planning Commission ,^V From. Steve Russell, Community Development Director y Date December 9, 2004 Subject Review Duplex Residential Zoning District Regulations for Revision Case No ZAT/04-02 Background Over the past year, the RB Zoning regulations have been identified for possible revision First, it appears as though reference to the RA District regulations for special use permits was omitted when the ordinance was last amended, second, the bed and breakfast regulations identify the RB District as a zoning district allowing bed and breakfast with a special use permit yet the RB regulations do not mention bed and breakfast as a special use and third when an accessory dwelling unit was reviewed an apparent discrepancy between garage size and maximum accessory unit size was discussed Each of these possible change areas can be discussed and possibly new language developed for public hearing consideration at your next meeting Recommendation Review of RB District possible revisions Attachment Existing RB Zoning Regulations ZONING Subd 12 RB two family district RB two fam ily distncts shall be regulated as follows (1) Permitted buildings and uses In the RB two family district the following buildings and uses and their accessory buildings and uses are permitted (2) a All buildings and uses permitted in the RA one family district as set forth in subdivision 11(1) of this section b Dwelling houses, each occupied by not more than two families c Type I home occupation use permits Permitted uses with special use permits In the RB two family district, the follow ing buildings and uses and their acces sory buildings and uses may be permitted by special use permit from the city coun cil aType II, home occupation permits b Multi family dwellings c Reserved Accessory uses In the RB district uses and buildings incidental to permitted or spe cial permitted uses shall be subject to the following regulations a The maximum lot coverage of all accessory buildings including at tached and detached private garages and other accessory buildings shall be 1,000 square feet or ten percent of the lot area, whichever is less b The total ground coverage of the accessory buildings shall not exceed the ground coverage of the principal building c No more than two accessory build ings, one private garage and one other accessory building, 120 square feet maximum, shall be located on a residential premises i4A__,(jlet,-(5't/—‘ § 31 1 d An accessory building shall not be designed or used for human habita ton, business or industrial acces sory use (4) Accessory dwelling unit An accessory dwelling unit is defined as a second dwell ing unit on one lot, detached from a pn mary single family residence and clearly secondary to a pnmary residence Acces sory dwelling units are permitted special uses in the RB district subject to the following regulations a Lot size must be at least 10,000 square feet b The accessory dwelling unit may be located on second floor above the garage, ,K. A.•r, a ,,.,,. y �,,1 The accessory dwelling unit must abide by the primary structure set FO backs for side and rear setbacks, d The accessory dwelling unit must be located in the rear yard of the pn mary residence or be set back from the front of the lot beyond the mid point of the pnmary residence, e Off street parlung requirements for an apartment and single family res idence (four spaces) must be pro vided, f Maximum size of the accessory dwell ing unit is 800 square feet, g The application requires design re view for consistency with the pn mary unit in design, detailing and materials, h The height may not exceed that of the primary residence, and i Both the primary and accessory dwell ing unit must be connected to munic ipal sewer and water services and be located on an improved public street Supp No 13 CD31 16 5 AC § 31 1 STILLWATER CODE (5) Development regulations Development regulations in the RB district are as follows a Area, setbacks and height regulations 1 Maximum building height Main building Accessory building 2 Minimum lot area Single family Minimum lot area per dwelling 3 Minimum lot width 4 Minimum lot depth 5 Maximum lot coverage 6 Minimum yard requirements Front yard Side yard Corner lot street Side yard Rear yard 7 Frontage requirements Single family 21/2 stones and 35 feet One story/ 20 feet 7,500 square feet 7,500 square feet 50 feet 100 feet 30 percent 30 feet 10 feet or 10 percent of lot width Duplex 21/2 stones and 35 feet One story/ 20 feet 10,000 square feet 5,000 square feet 75 feet 100 feet 40 percent 30 feet 10 feet Multifamily 21/2 stories and 35 feet One story/ 20 feet 15,000 square feet 5,000 square feet 75 feet 100 feet 40 percent 30 feet 10 feet 30 feet 30 feet 30 feet 25 feet 25 feet 25 feet For all buildings at least 35 feet of frontage on an improved public street b Exceptions 1 Front yard Where a uniform yard setback exists which is less than 30 feet, any building or structure erected, structur- ally altered or enlarged may conform to the established set back but in no case shall a setback less than 20 feet be allowed Where a uniform front yard setback does not exist, then the minimum required setback shall be the average of the set back of the two adjacent main buildings, or if there is only one adjacent main building, the set back of the main building shall Supp No 13 CD31 16 6 govern, but in no case shall a setback less than 20 feet or greater than 30 feet be re quired 2 Corner yard For corner lots where the corner side yard set back or front yard setback for the main building on the adja cent lot on the same street is less than the required setbacks, then the corner lot side yard setback for the proposed struc ture may conform to the set- back for the adjacent main build mg but m no case shall a setback less than 20 feet be allowed ZONING § 31 1 3 Side yard When there 1s an attached garage on one side of the dwelling, the garage set back is five feet, provided that no habitable floor area is closer than ten feet from the property line and provided that the ga rage is a minimum of 15 feet from the nearest structure on the adjacent lot 4 Side and rear yard An acces sory structure located entirely in the rear yard or located in the side yard at least six feet from the main building shall have a minimum side and rear yard setback of five feet (Ord No 653, 10 21 86, Ord No 669 9 15 87, Ord No 850, § 1, 10 7 97, Ord No 860, § 1, 5 19 98, Ord No 860A, § 2, 5 21 02) c Maximum building height shall be 35 feet d Minimum open space per dwelling unit shall be 1 500 square feet (4) Recreation facilities Recreational facile ties in the RCL distnct are the same as subdivision 15(4) of this section (5) Yard and setback requirements Yard and setback requirements in the RCL district are as follows Subd 13 RCL low density multiple family res idential district RCL-low density multiple family residential districts shall be regulated as follows (1) Permitted uses Uses permitted by a spe cial use permit in the RCL district are as follows a Townhouses, group or row houses b Public education, religious and insti tutional buildings c Bed and breakfast establishments, if at least 900 feet from another bed and breakfast use (2) Accessory uses Accessory uses in the RCL district are as follows a Customary home occupations b Off street parking and loading facil- ities c Private recreation facihties (3) Area requirements Area requirements in the RCL distnct are as follows a Minimum lot area shall be 20,000 square feet b Minimum lot area per dwelling unit shall be 7,000 square feet a Front yard 35 feet b Side yard 50 feet c Rear yard 50 feet d Accessory buildings shall conform to the above requirements for pnncipal buildings e No principal building may be con structed within 50 feet of another (6) Landscaping and screening Landscaping and screening in the RCL district shall be as follows Supp No 13 CD31 16 7 a All sites when fully developed shall be completely graded so as to ade quately dram and dispose of all sur face water, stormwater and ground water in such a manner as to preclude large scale erosion and unwanted ponding b All sites when fully developed shall be landscaped according to a plan approved by the city council The landscaping plan shall specify the size, type and location of all trees and shrubbery and the location of all sodded areas c Parking areas containing four or more spaces which are adjacent to or across the street from a residential distnct shall be screened to a height of at least four feet by shrubbery, wood or masonry materials r At-- 1 /0 ZONING § 31 1 Subd 11 RA one family district RA one fam ily distncts shall be regulated as follows (1) Permitted buildings and uses In the RA one family distnct, the following build ings and uses and their accessory build ings and uses are permitted a Dwelling houses, each occupied by not more than one family b Parks and playgrounds Type I • s me occu . at 1 s (2) Permitted uses with special use permits from the city council In the RA one family distnct, the following buildings and uses and their accessory buildings and uses may be permitted by special use permit from the city council a Hospitals, nursing homes and rest homes b Public and private primary and sec ondary schools including accessory buildings and uses located upon prop erty contiguous to that occupied by the main building c Cemeteries Churches and other places of wor ship (3) Accessory uses In the RA distnct uses and buildings incidental to permitted or spe cial permitted uses shall be subject to the following regulations a The maximum lot coverage of all accessory buildings including at tached and detached private garages and other accessory buildings shall be 1,000 square feet or ten percent of the lot area whichever is less b The total ground coverage of the accessory buildings shall not exceed the ground coverage of the principal building c No more than two accessory build ings, one private garage and one other accessory building, 120 square feet maximum shall be located on a residential premises d An accessory building shall not be designed or used for human habita tion, business or industnal acces sory use (4) Development regulations Developmental regulations in the RA distnct are as follows a Area, setbacks and height regulations Provision 1 Maximum building height Main building Accessory building 2 Minimum lot area 3 Minimum lot width 4 Minimum lot depth 5 Maximum lot coverage 6 Minimum yard requirements Front yard Side yard Corner lot street side yard Rear yard Supp No 13 CD31 11 Single family 21/2 stones and 35 feet 1 story 20 feet 10,000 square feet 75 feet 100 feet 30 percent 30 feet 10 feet 30 feet 25 feet IreerarliVIOCCOMP 11 18'- b" 38'- ©"