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HomeMy WebLinkAbout2005-05-09 CPC Packetllwater THE BIRTHPLACE OF MINNESOTA CITY OF STILLWATER PLANNING COMMISSION NOTICE OF MEETING The City of Stillwater Planning Commission will meet on Monday, May 9, 2005, at 7 p m in the Council Chambers of Stillwater City Hall, 216 North Fourth Street AGENDA 1 Case No V/05-11 A variance to construct a single family residence on an existing substandard lot and a variance to slope setback requirements located at 2015 Lake Street in the RB, Two Family Residential District, Flood Plain and the Bluffland/Shoreland District Dan Thurmes, representing Tony Kirschbaum, applicant Continued from April 11, 2005 Planning Commission Meeting 2 Case No V/05-15 A variance to side yard setback (5 feet required, 2 5 feet requested) and to the rear yard setback (25 feet required, 2 2 feet requested) for the construction of a garage and addition located at 1018 S 2"d Street in the RB, Two Family Residential District Dennis Gruber, applicant 3 Case No SUP/05-16 A special use permit for a coffee and ice cream shop located at 145 New England Place in the VC, Village Commercial District Salvatore and Mary Rosa, applicants 4 Case No SUB/V/05-17 A resubdivision of Lots 10 and 12, BIk 1 Greeley and Slaughter's Addition into two lots Lot 10 - 6,462 5 square feet and Lot 12 - 6,447 5 square feet and a variance to the lot size (7,500 square feet required) in the RB, Two Family Residential District Jon and Danette Mulack, applicants 5 Case No V/05-18 A variance to the front yard setback (30 feet required, 12 feet requested) for the construction of a porch located at 1224 3rd Avenue South in the RB, Two Family Residential District Jamie Stoudt, applicant 6 Case No V/05-19 A variance to the lot size regulations (7,500 square feet required) for the construction of a one -car garage on a 5,250 square foot lot located at 509 West Laurel in the RB, Two Family Residential District Sheila Martin, applicant CITY HALL 216 NORTH FOURTH STILLWATER, MINNESOTA 55082 PHONE 651-430-8800 7 Case No V/05-20 A variance to the parking regulations for a restaurant located at 1501 Stillwater Blvd in the BP-C, Business Park Commercial District Juha Thau, applicant 8 Case No V/05-21 A variance to the front yard setback (30 feet required, 27' 6" requested) for the extension of a front porch located at 2401 Creekside Court in the RA, Single Family Residential District Lance Thomas, applicant 9 Case No V/05-22 A variance to the lot size regulations (7,500 square feet required, 6,600 square feet requested) for the construction of a residence located at 1217 Fourth Avenue South in the RB, Two Family Residential District Kevin Grube, applicant 10 Case No V/05-23 A variance to the sign regulations for an additional sign located at 1701 Curve Crest Blvd in the BP-0, Business Park Office District Mohagen Hansen Architecture, representing St Croix Orthopaedics, applicant Other Items Transition Area, Agricultural Preservation Study Request for building design approval of building plans for Cove Traditional lots, settlers Glen City of Stillwater Planning Commission April 11, 2005 Present Vice Chair Dave Middleton Gregg Carlsen, Mike Dahlquist, David Junker, David Peroceschi, Paul Teske, Jerry Turnquist and Darwin Wald Others Community Development Director Steve Russell Absent Robert Gag Mr Middleton called the meeting to order at 7 p m Approval of minutes Mr Wald moved approval of the mmutes of March 14, 2005, as submitted Mr Dahlquist seconded the motion, motion passed unanimously Case No V/05-11 A variance to construct a single family residence on an existing substandard lot and variance to slope setback requirements at 2015 Lake St m the RB, Two Family Residential Distnct, Flood Plain and Bluffland/Shoreland District Dan Thurmes, representing Tony Kerschbaum, applicant The applicant was not present Mr Dunker, seconded by Mr Turnquist, moved to table this case, motion passed unanimously Case No V/05-12 A vanance to the street side yard setback (30 feet required, 11'9" requested) for construction of a garage and two -level living addition at 1224 W Pine St in the RB, Two Family Residential Distnct Bahr Construction LLC, representing Demos Johnson, applicant Present were Dennis Johnson and Mark Hilde of Bahr Construction Mr Hilde explained the intent is to extend the existing house and construct a new attached garage slightly inside of the existing setback for a detached garage that is in very poor condition Mr Carlsen asked about the front yard Mr Hilde said the front yard faces Pine Street The construction will take place in the side yard Mr Russell stated he had received one letter from a former owner of the property, which informed the City there is a buried septic tank at the site of the planned construction Mr Hilde said there is no indication of a septic, but said it will be dealt with if it is in fact there Mr Russell said he would refer the septic tank matter to the Building Department Mr Turnquist asked if any neighbors had expressed concern about the proposal Mr Johnson said neighbors were supportive of his plans Mr Junker noted the setback variance is already in existence and moved approval as conditioned Mr Carlsen seconded the motion Motion passed 7-1, with Mr Teske voting no 1 City of Stillwater Planning Commission Apnl 11, 2005 Case No V/05-13 A vanance to the sign regulations for placement of an electronic message center sign at 1946 Washington Ave in the BP-C, Business Park Commercial District Tom Beer, Graphic House Inc , representing Eagle Valley Bank, applicant Mr Beer explained that Eagle Valley had changed its logo slightly and would like to replace the existing sign The new sign would be the same size, with the message center moved slightly higher on the sign Initially, the proposal was to have a full color sign However, that has changed The request now is for an amber colored LED unit Most of the discussion centered on the reader board Mr Beer stated the two-line reader board would be used for community announcements, time and temperature, and humor, with about 20 percent of the messages business related Mr Teske asked how the message displays would change — scroll, side -to -side, etc Mr Beer stated the recommended way of moving messages is to snap on and off Mr Teske questioned whether a flashing reader board is the appropriate way to communicate with the community Mr Dahlquist agreed, stating he thought eliminating the message board would be an improvement Mr Junker pointed out that the requested sign and reader board is a replacement, not a new use Mr Junker also noted that conditions, such as limiting the use to two-line, text -only displays could be part of the approval process Mr Turnquist moved approval as conditioned, with the additional conditions that the sign be a monochromatic, amber colored LED unit, with the reader board to display two lines of text -only messages that are rotated by the snap on -snap off method Mr Peroceschi seconded the motion Motion passed 6-2, with Mr Dahlquist and Mr Teske votmg no Other items Mr Russell noted the Hentage Preservation Commission is interested in pursuing establishment of a conservation district to deal with issues such as infill housing Cntena would need to be developed for design review He inquired as to the Planning Commission's interest Mr Teske said he would be interested in working on the issue and suggested that Mr Gag also would be interested Mr Wald, seconded by Mr Teske, moved to adjourn at 7 45 p m Motion passed unanimously Respectfully submitted, Sharon Baker Recording Secretary 2 City of Stillwater Planning Commission Special Meeting on Palmer Property (Millbrook) Apnl 18, 2005 Present Robert Gag, chair Gregg Carlsen, Mike Dahlquist, David Junker, Dave Middleton, David Peroceschi, Paul Teske, Jerry Turnquist and Darwin Wald Others Community Development Director Steve Russell Mr Gag called the meeting to order at 6 30 p m and bnefly outlined the meeting format introduction by Mr Russell, presentation by the developer, questions/comments from the audience, response by the developer, and questions/comments by the Commission Mr Russell bnefly reviewed the City's Orderly Annexation Agreement and Comprehensive Plan The area in question, which includes two natural resources of state significance, Brown's Creek and South Twin Lake, could have been developed any time after 2002 The Comprehensive plan provides for three land uses — 11 percent large lot single-family, 69 percent small lot single-family, and 20 percent attached housing The current development proposal includes 284 units, 132 units of attached housing and 152 small -lot, single-family housing units Mr Russell suggested an issue for the Commission's consideration is the distribution of single family versus attached housing He also bnefly reviewed items of concerns from the previous meeting with the developer's representatives Some issues included the size of the proposed park and required park dedication, design of some of the attached housing units, use of South Twin Lake, motonzed vs non-motonzed craft, view from current residences on Neal Avenue, building setbacks at certain key corners, a public trail along South Twin Lake, parking for the large park use, attached housing access to amenities Representing the developers were Jay Liberacki, US Home/Lundgren/Omn Thompson, Phil Carlson, Dahlgren, Shardlow and Uban, and Bob Payette, engineenng, Sathre-Bergquist Phil Carlson bnefly reviewed the concept plan and land use plan He noted that the Comprehensive Plan allows for 388 units They are proposing 284 units He reviewed ways of calculating developable land He stated some grading will be done to accommodate the height of the townhomes And, he noted that with a PUD, such as this, flexibihty is understood Mr Carlson reviewed the developer's response to 11 previously raised issues/concerns 1 Regarding the trail along the south side of South Twin Lake, he said that the developer is requesting a public trail not be required, noting that sidewalks, which will be on both sides of the streets throughout the development, could serve as an alternative to a public trail 2 Regarding single-family versus Summit townhomes along Brown's Creek, the proposed townhomes are now all four -unit buildings, rather than six -unit buildings as previously proposed The buildings will be 112' wide, with 25' spacing in between The number of proposed units has been reduced from 35 to 28 1 City of Stillwater Planning Commission Special Meeting on Palmer Property (Millbrook) April 18, 2005 3 The issue of park dedication - 7 4 acres vs 10 acres, Mr Carlson suggested that green spaces, common areas, trail connections and other open space should be considered in the amount of park dedication 4 The developer has agreed to provide public access to the pond 5 The developer has agreed to accommodate additional setbacks at key corners 6 Regarding parking for the 7 4 acre public park that will be provided along Highway 96, Mr Carlson noted there are 67 on -street parking spaces adjacent to the park, and he suggested the City could construct a parking lot within the park if it so desired 7 Access to guest parking and open space for attached housing — Mr Carlson referred to the 67 on -street parking spaces and highlighted access to the park 8 Mr Carlson stated there are large open areas that provide an open view of the greenway comdor on the west side 9 The developer will work with the City to provide enhanced landscaping for Brown's Creek, South Twin Lake and the public park 10 Guest parking for the townhomes totals 154 spaces, he said, 104 specifically for the townhomes and 50 shared park/guest parking That guest parking amounts to 078 per unit, the city required only 0 25 per umt 11 The development meets city public street standards Streets are 60' with right-of-way, alleys are 20-24' paving, with 21-23' dnveways and 66' between buildings Mr Carlson presented front and rear design elevations of the revised plan for the Summit attached housing product Mr Gag opened the meeting for public comment Ed Otis, 12070 87th St Circle N , an adjacent property owner, noted that he had been actively involved in the City/Township Orderly Annexation Agreement process He noted that according to the Annexation Agreement, the townhomes were supposed to be at the intenor of the site with large -lot, single-family around the penmeter in order to provide a transition from township to city He pointed out the percentage of attached housing proposed is much more than onginally planned He also asked why the public park is at the far end of the development He stated he agreed with the proposal for a public trail along South Twin Lake He asked about road access for emergency services, and he asked about the height of the townhomes Ruth Bruns, 8790 Neal Ave N , expressed a concern about the possibility of motorized craft and fishing docks on South Twin Lake She stated her opinion that the proposal was too much housing that will destroy the wildlife She provided photos of existing views from her home and asked about the height of the houses looking across South Twin Lake Molly Shodeen of the Department of Natural Resources stated she had met with developers and still had some concerns, as the site is a ground recharge area for Brown's Creek She said she 2 City of Stillwater Planning Commission Special Meeting on Palmer Property (Millbrook) April 18, 2005 would like to see the development require individual landowners to incorporate infiltration features in landscaping She also suggested that there be covenants for property owners adjacent to South Twin Lake that would prohibit encroachment of the natural vegetation Mr Turnquist asked Ms Shodeen about the DNR's position on allowing motonzed craft Ms Shodeen said there is a public hearing process for establishing water surface use However, she noted there are no restnctions on docks — that is the right of the npanan owners Suzanne Block, 1800 Heifort Court, had submitted a letter, which was included in the meeting packet She inquired about access to the development and also asked about the future of Neal Avenue Jay Liberacki responded to comments Regarding Mr Otis's comments about the location of the townhomes, he stated there is a natural buffer of trees that will protect Mr Otis's view, and he suggested that if the townhomes were moved closer to Highway 96, they would be even more visible than as proposed Regarding Ms Bruns's concern about the view from her property, Mr Liberacki stated the homes across the lake are the lowest profile homes — two-story walkouts, also there will be some grading which will lower the elevation some Mr Liberacki stated that their proposal does call for two docks, homeowner association maintained, on South Twin Lake Mr Liberacki also stated there would be covenants imposed on properties that abut both the lake and Brown's Creek Mr Carlson noted that the developers have been working with the Brown's Creek Watershed Distnct and will comply with the City's AUAR Mr Carlson also noted that while docks are proposed, they are not proposing motonzed use of the lake Regarding access points to the development, Mr Russell noted that the State controls access to Highway 96 and County Road 15 Mr Carlson provided information about ADTs (average daily tnps) from a recent traffic study Mr Gag closed the public comment portion of the meeting and opened the meeting up to Commission comments Much of the discussion centered on providing a public trail at South Twin Lake, the density and percentage of townhomes proposed, the amount of park dedication, and the availability of guest parking for townhomes Members were in consensus that a public trail should be provided at South Twin Lake Mr Junker also suggested there is a need for more park dedication, noting that much of the open space is for infiltration/drainage and is not usable open space Dunng the discussion of the percentage of attached housing as proposed, Mr Gag said he would like to see a plan utilizing all single-family units Mr Carlson pointed out that according to the City's Comprehensive Plan, 380 units would be allowed on the site, while they are proposing just 284 Mr Liberacki said their proposal is a trade-off utilizing clustering to obtain more open 3 7 City of Stillwater Planning Commission Special Meeting on Palmer Property (Millbrook) April 18, 2005 space and he suggested that this development provides "more community assets than any other 170 acres in the City " Mr Dahlquist stated that a lot of the Commission's concerns stemmed from the proposed percentage of attached housing and noted the developer is "moving a lot of dirt" to accommodate the attached housing product Gregg Carlsen suggested that three rows of high density housing doesn't provide any "breathing room " Several members expressed concern about parkmg for the attached housing Mr Liberacki noted that units have two -car garages, as well as 20' driveway aprons Mr Middleton suggested that during the winter when the City's odd -even parking rules are in effect, parking could be a real problem Mr Liberacki said they would look at the issue There was a concern about the view of the townhomes from Brown's Creek Mr Teske said he would like to see the rear elevations of all the housing products Mr Dunker and Mr Teske suggested single-family housing in the area south of the pond Mr Teske summed up the concerns by stating the Commission is looking for a lot more compromise than the developer had provided m this most recent plan Mr Russell summarized issues of concern density of attached housing, the trail at South Twin Lake, information on lot sizes and heights, rear elevations, and the perspective from Brown's Creek Another special meeting will take place at an as yet undetermined date Mr Turnquist, seconded by Mr Teske, moved to adjourn at 8 50 p m Motion passed unanimously Respectfully submitted, Sharon Baker Recording Secretary 4 PLANNING APPLICATION REVIEW FORM CASE NO V/05-11 Planning Commission Date April 11, 2005 Project Location 2015 Lake Street Comprehensive Plan Distract Single Family Zoning District RB, Bluffland Shoreland, Flood Plain Applicants Name Tony Kerschbaum Type of Application Variance to develop on slope greater than 12 percent in Bluffland/Shoreland District Project Description The request is for a variance to construct a single family residence on a slope of greater than 12 percent on an existing 13,500 square foot lot Discussion The request is for an existing lot of record of 13,500 square feet (20,000 square feet is required in the Bluffland/Shoreland District) The lot slopes down from Lake Street, 714 elevation, to the river, elevation 675 over a 200' distance The lot fronts on the St Croix River The ordinary high water mark level is 675 and the regulatory food elevation is 694 (see attached site plan/survey) Single family residences and two marinas are located in the area A residence previously existed on the site This past year, sewer and water service was extended to the lot Zoning regulations for the site requires a 100 foot river setback, 10 foot side yard and 30 foot front yard (Lake Street) setback The proposed residence meets setback requirements The Bluffland/Shoreland regulations do not allow development on 12% or greater slopes The average slope of the site from the front to the rear of the lot is 18% The house is located on the 12%+ sloped area Other non Bluffland District areas of the City use 25% as the slope setback standard The proposed residence is two stories and 25 feet tall from basement/walkout level to roof peek To address the steep slopes, the basement has a 14 foot floor to ceiling height The proposed basement level is 2 feet above the 100 year flood elevation To give a relationship to the street, the Lake Street level is 714 feet at the middle of the front property line The highest point of the roof is 730 feet, 16 feet above the street A previous variance application for development of the lot was denied by the City I Council The building location has been changed in the current proposal to better fit the site conditions (house moved further down the hill and house reduced in size) Required Variance Findings' See attached Based on the site conditions, there is a particular hardship which make enforcement of strict regulations impractical The lot is an existing lot of record and a previous single family residence existed on the site The conditions for the variance were not created by the land owner after May 1, 1974 It is found that based on the single family development proposed and conditioned the use will not alter the essential residential character of the neighborhood The single family use propped is consistent with the residential zoning of the site Conditions of Approval 1 The house shall be sited in the building envelope as shown on submitted plan dated 3-28-05 by Cornerstone Land Surveying 2 The minimum of trees shall be cleared to accommodate the development as approved by the Community Development Director and City Forester 3 A drainage, grading, erosion control plan shall be submitted with the building permit application (silt fence shall be installed between the building site and the St Croix River) 4 The future house shall be a natural wood color or earthtone as approved by the Community Development Director 5 This request must be certified by the Commissioner of Department of Natural Resources 6 The residence shall be a one -level walkout design 7 A landscape plan shall be required to partially screen the new residence from the river The plan shall be reviewed and approved by the Community Development Director before a building permit is issued The landscape plan shall be installed before building occupancy Attachments Application 1 T-3 ; VC 4t4(.v, • • • St Croix Rivenvay Ordi nonce Permits District Building permits Septic permits Grading permits Tree cutting permits Conditional use permits Amendments to this sub division Amendments to district boundary Plats and cluster devel opments Variances ZONING Urban District LP LP LP LP PH WA FD PH WA FD PH WA CC PH WA FD PH WA CC LP Permit issued by the local author ity in accordance with this subdivi sion and all other local permits CC Certification by the commissioner of natural resources prior to final local approval PH Public hearing necessary by the local authonty giving 20 days notice of meeting to the commissioner of natural resources and other listed agencies FD Local authority forwards any de cisions to the commissioner of natu ral resources within the ten days after taking final action — WA -The commissioner of natural re- sources must submit, after notice of public hearing and before the local authority gives preliminary approval a written review and approval of the project e Variances Variances will be g = • ed only where there are particular har ships which make the strict enforce ment of this subdivision impractical Hardship means the proposed use of the property and associated struc- tures in question cannot be estab lashed under the conditions allowed by this subdivision the plight of the landowner is due to circumstances unique to this property not created by the landowners after May 1 1974 and the variance if granted will not CD31 53 §311 by th council set f Requirements of the applicant for a public hearing Applicant require ments for a public hearing are as follows 1 The applicant must submit suf- ficient copies of the information in subsections (17)f 2 through (17)f 10 of this subdivision (sub mittal information) to the com munity development director 30 days prior to the public hearing on the application for a condi- tional use variance planned unit development or subdivi sion 2 An abstractor s certificate show- ing the names and addresses of all property owners within 350 feet of the affected property and any local governments within two miles of the affected property (this requirement does not apply to amendments to the text of this subdivision) as requested to the community de- velopment director 30 days prior to the public hearing on the application for a conditional use variance planned unit develop ment or subdivision alter the essential character of the locality Economic considerations alone will not constitute a hardship for the reasonable use of the prop- erty and associated structures under the conditions allowed by this subdi- vision In addition no variance may be granted that would permit any use that is prohibited in this subdi vision in which the subject property is located Conditions may be im posed on the granting of a variance to ensure compliance and to protect adjacent properties and the public interest especially in regard to the appearance of the property when viewed from the river The public ring for a variance must be held nning commission and city this section Property Owne T Mailing Address o� City - State - Zip S Telephone No (o S I— LI 3 ct- 0 Z tl 9 Signature (Si is required) Lot Size (dimensions) x Land Area 14 y 0 s� Height of Buildings Storii Principal Accessory SITE AND s Feet ligk,, S9 ' PLANNING ADMINI'' RATION APPLICATION FOF COMMUNITY DEVELOPMENT DEPARTMENT CITY OF STILLWATER 216 NORTH FOURTH STREET STILLWATER MN 55082 The fees for requested action are attached to this apphcat,on *An escrow fee is also required to offset the costs of attorney and engineering fees The applicant is responsible for the completeness and accuracy of all forms and supporting material submitted In connection with any apphcat►on All supporting submitted with apphcaton 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 apphcat►ons Any incomplete application supporting material will delay the application process Case No V / // Date Filed Fee Paid Receipt No 7_S'7 ACTION REQUESTED x 2oIs' PROPERTY IDENTIFICATION Special/Conditional Use Permit Variance Resubdivision Subdivision* Comprehensive Plan Amendme Zoning Amendment* Planning Unit Development * Certificate of Compliance Address of Project 1.. - ktIreet Assessor's Parcel No 0?163 0 261V CIOpq Zoning District Description of Project QN (GEO Code) N Cons+f,2uc-�ot.1 "1 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 " r DrV Ke Y ___ __ au__ U LE N 36R6 ALLEY e`I� MN &Sb$ Z Representative t Pity -i' 1kuY2..mCS Mailing Address a00 t CNccStNuT # tot 00 City - State - Zip ST Lt-.h!AT'CPL► MN SScf Telephone No 40 t- Z 3 S- 99 b 9 (Signature is required) PROJECT DESCRIPTION Total Building floor area 1, GOV square feet Existing 0square feet Proposed I 1 S404 square feet pr Paved Impervious Area ll el °I square feet No of off-street parking spaces H \mcnamara\shella\PLANAPP FRM May 1, 2003 • I6,3to 44 sR l% 72 /- TRACT A 1 160 1000/ 2103/ 23EAlST1T E &0 62'1 r1 vor TRACT B 1? 517 1766 / 1 76 428 145 Ss 2023,, 202 6 W 70 rc TRACT B 21-030-20-11-0016 3001 136 01 N LINE OF LOT 16/10 52 290 2021 201 ab- 0 CD L N 2t 1 T 201t 2O071 ai 1.1 Q �q J 9 .. I t64Llij 50 402 1500 404 64 ,4106 105 100 1 •6 • 116 0 0 4203 1360 aiegN- 2009 CARLI & SCHULEI\ RESIF tVED ST *1018r. .,, V 1134 / I a 1 240, D s 8 q05 36 0 Location Map 107 19) w 4 co 130 / 3 12 30 / s 8 4 10®7/ 51 Li6 83 / 500 335 4 rne LA MINN DNR l PROTECTEI CARLI & SCHULENBU] R_IW R21W RI9W 111111 111111 OU AM HUE n6N T'9N ilk '129N T2BN 1�11 'II R2_W R_IW R2OW Vicinity Map 154 Scale in Feet wavr. maul. es ay . County. .mya regal any hums* porcine. ray Was.plee Coura I�43 m0500 600 cum. rouVi 'nodN 280 petnled 202 Tony Kerschbaum 2017 Schulenberg Alley Stillwater, MN 55082 Steve Russell Community Development Director City Hall 216 North Fourth Street Stillwater, MN 55082 Dear Mr Russell I seek a variance to obtain approval to build a modest, single family home on a sloped pre- existing lot in the city of Stillwater I have made great effort to submit a plan that minimizes the sloped area, reduces the need for retaining walls, and remedies erosion problems presently existing where this lot joins the adjacent properties The site once had a home and portions of the old foundation and retaining wall still remain I thank you for your consideration of this request Sincerel Tony K 1rsc � . . e r C STY p Si -I- LWA-1- Ft CROSS SECTION 0 3 715 - 710 730 725 - - - 720- \ 71 5 7(0 FFE=7090V '- 705 - 700 - 695 690 685 680 675 670- 716 LW V I— aa 7/5 BITUMINOUS DRIVEWAY / BITUMINOUS DRIVEWAY EXISTING HOUSE / A � e 1ae a FLOOR ELEVATION - 717 n r f ti, m - rf ., a Yea 0, i_ ; ; - 1 o s 4 / , �`LJ "! t / I RaA„et e 7,5 / )`Q �� • 1' -/ M1 y1 J ///° e 1 ;\- ei / W W /, o / c/i V o � r ) ..rc h7 N - ^ e Lo O� I 0% { 1. IBozI # dz 40 / 3 SW:,ti1t�r` a 4.0 ,0,4G 6XISTNC GARAGE FLOOR ELEVATION = 7090, / Ja 60% f 1 1 d Il PROP WALL/ N89 2$ 00 E 2/7± 49 13 �7 'f 5--1m" ct rT # 4:14# .r O late i0 Fs 0/ " CL I I g mot wAur PROP WALL c �_ /I' \ 1 1 I 11OT WALL Of I STIR- EET — -GRAB PROPOSED —T0B -709I PROPOSED BSMT FLOOR=6950 -tOPTI9(R - 693 0 FLOOD ELEV 0F Rota _GRADE Al REA0. NORMAL WATER - 674 5 - I IT WWC7066 IBOT WALL 706 J _FTOPWArnorri \ TOP WALL=701 0-' ,BOT WALL 699 Blf 1BOT WALL 69S OJ EXISTING /b n a /9.2* *1S892'p0 � I F.? GFE=7205 BSMT =712 4 TOP-WAa-693-5 BOT WALL 692 Si 11.5 `WO" os � s, 4 (� e c, / �T i et 8 -7 r7 / //,/ / / /RESTROOM PROPSOED BUILDING ELEVATIONS GARAGE FLOOR = 708 7 TOP OF BLOCK = 709 1 BASEMENT FLOOR - 695 0 C TURF ESTABLISHMENT ALL DISTURBED AREAS ARE TO BE SODDED IMMEDIATELY AFTER CONSTRUCTION 5 COMPLETE EXISTING LEGAL DESCRIPTION (LEGAL DESCRIPTION PROVIDED BY TONY KERSCHBAUM) The So th Thlneen and one-third (13 1 /3) feet of Lot numbe One (1) and the North F fty five and Two th rds (55 2/3) feet of Lot Number Two (2) Block Number F fly two (52) of Ca 1 and Sch lenburg s Add Iron to Stillwater as surveyed and platted and now on Ile and of record n the Office of the County Recorder Washington County Minnesota. Subject to reservat o s and restrictions as ecorded n Book 55 of Deeds Page 303 UTILITY NOTE UNDERGROUND UTILTES WERE NOT LOCATED AS PART OF THIS SURVEY G RETAINING WALLS ALL RETAINING WALLS MUST BE DESIGNED OR EVALUATED BY A PROFESSIONAL THE WALLS SHOWN ON THIS DRAWING ARE FOR GENERAL LOCATION PURPOSES ONLY CONSULT QUAUFIED ENGINEER AS TO MATERIALS BASE AND CONSTRUCTION GUIDELINES NO SOIL BORINGS WERE AVAILABLE FOR REVIEW TO DETERMINE IF SOILS ARE SUITABLE FOR NEW CONSTRUCTION BEFORE CONSTRUCTION CONSULT ENGINEER AS TO METHODS OF BUILDING ON UNSTABLE SOILS c9 097 (0) 4097 (u) 4097 (x) 1 co et 3 1U �4Rtt( / 'r b�O 0 SURVEY NOTES II 1 o co 10 I / /I II II I II I II 1 II 1 1 BEARINGS ARE ASSUMED 2 ELEVATIONS BASED ON N V G D 1929 SYMBOLS MANHOLE GAS METER - FENCE CONCRETE DENOTES FOUND 1 / 2 IRON PIPE D DENOTES SET 1 /2 IRON PIPE MARKED RLS 25718 DENOTES DISTANCE PER DESCRIPTION DENOTES DISTANCE MEASURED DENOTES DISTANCE AS CALCULATED FROM SURVEY BY OTHERS AREAS CATCH BASIN HYDRANT SIGN WATER VALVE LIGHPOLE TPOLE TELE/ELECASS VALVE Box OVERHEAD WIRES WELL OVERALL PARCEL = 14 040 Sp FT TO SHORELINE IMPERVIOUS DRIVEWAY - 924 SQFT BUILDINGS = 1 864 SQ FT MISC CONCRETE 275 SQFT TOTAL = 3 063 SC) FT 21 8% NORTH 0 10 20 SCALE 1 INCH = 10 FEET Gopher State One CaII TWIN CITY AREA 651 454-0002 TDLL FREE 1 000 252 1166 CONTACT TONY KERSCHBAUM 2017 Schulenberg Alley Stillwater MN 55082 612 743 3738 COUNTY WASHENGTON COLA F J SEAL THE STATE OF MINNESOTA DOES NOT REQUIRE A SEAL CERTIFICATION 1 he by rury that thl plan was prepared by n, nd my di ect ,aptM Ion. and that 1 am d ly Lken ed lard Surveyor der th laws M the tate d M INNESOTA. Dam I L Thu In Ragl t anon No 25718 Dt _ REVISIONS DATE REVISION 2 11 0S ME RAN 2 1 S-05 REVISED GRADING 3 15-0S REVISED GRADING 3 28-05 HOUSE TIES PROJECT LOCATION XXX LAKE STREET Suite08100 200 East Chestnut Street Wester MN 55082 Phone 651275 8969 Fax 651275 8978 Ott- mtdeodusa net CORNERSTONE LAND SURVEYING INC FILE NAME PROJECT NO SURVZZ7S Z204075 SITE PLAN PLANNING APPLICATION REVIEW FORM CASE NO V/05-15 Planning Commission Date May 9, 2005 Project Location 1018 2nd Street South Comprehensive Plan District Two Family Residential Zoning District RB Applicants Name Dennis Gruber Type of Application Variance Project Description A variance to the side yard setback (5 feet required, 2 5 feet requested) and to the rear yard setback (25 feet required, 2 2 feet requested) for the construction of a garage and addition Discussion The applicant is requesting consideration of a variance to the side and rear setback for the construction of a three car garage with an addition connecting it to the house There is currently an existing 48 year old two car garage that would be demolished The existing garage is 2 5 feet from the rear property line and 2 2 feet from the side yard property line The applicant proposes to construct the new garage at the same location Neighboring garages are within five feet of the garage, which raises fire safety issues The applicant states in the attached letter that he will address the fire codes The letter also says the architectural style will match the existing house Staff suggests that a detached two car garage could be built without a request variances It could be built at the required 5 feet from the rear and 5 feet from the side property lines The setbacks change if the garage is connected to the house, it would need to be located 25 feet from the rear property line instead of 5' from the rear property line for a detached garage Recommendation Denial Conditions of Approval Should the Commission approve the request, staff suggests the following conditions of approval 1 The garage and addition shall match the existing house in style, material and color 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 the Applicant/Site Plan/Elevation Drawings A Ito) r 135 26 135 2 135 $0072) 35 i P 25 135 4 135 200e7) 135 23 135 5 won) 135 6 0007 22 Q0065) 135 21 etoos4) 135 20 135 13 00075) 135 9 135 1�e3) 0 135 135 77) 18 135 0078) 35 17 135 1eo79) 16 00062) 135 13 135 135 17e ) 135 1 135 109 5 3468) 109 5 25 134 1/2 1 1345 23 00065) 109 5 2 600s3) 25 134 5 22 40062) 1345 3 1345 21 134 4 134 4 109 53 20 1344 19 60063) 134 4 i 25 .r--r 8 5 60055) 1344 6 1344 18 4 062) Location Map 7 40056) 14 2 60 o 4 tD8) 1 135 v o 6 26do 07) �92) o. 135 135 25 • 6I 135 135 L 6 24Om) 5 40093) o 135 135 R 23 doom MEEMILIMI 135 o a 22 a 135 6.26/7104) 00095) 6 135 135 20 6 400) 9 6 135 135 190 02) 135 Cia,") 135 (Fe, 6 18 4)0 0j 11 135 A 135 9 00100) 97) 6 135 EAST 1345 62) 8 1345 4 639) 1345 1345 23 8 2 134 5 134 5 1 1345 21 S 134 5 4 134 4 134 4 20 5 EAST d0136) 1344 1344 9i ISM Li 134 8' 134 4 8 7 00042) 134 4 17 A 8 1- 0 Z 0 U w L=L 0 60 —do 25) 135 2 Y o w 135 4y 11) CI) 135 f P 25 4 135 24 135 112) 135 22 135 5 6 1S5 13 62) 40 22) 135 20 135 8 135 �11) tl n f y1/ 9 135 10012)) 135 1,2116) 135 18 135 11 135 (0119) 17 135 46 16 123 134 74 7510 a CONDO NO 6W a BLOC 1 6 2 O'(0146-016;Idio 8 NELSON SCHOOL CON 1 0 146 34 HANCOCK STRE 134 12 aG43e) 134.5 134 12 4i02) 134.5 23 4D037) 134.5 2 (F22) 22 4)0036) 1345 1345 3 134 21 1344 2 23) • 135 1;136 135 16 135 6 0 134 12 • 1345 22 40 134 5 21 400 1344 1344 BURLINGTO 20 �24) STREr 1 67 2 40033) 67 2 1344 20 400 6) 34 4 6 h 19 134 4 40034) 1 3 67 2 17 67 2 7 40025) 18 134 4 8 17 R2IW R2OW R19W T 2N T3 IN R22W R21W R2OW Vicinity Map 0 135 Scale in Feet Th s d awi g Is the es It I a comp lab and rep70d c5on of la d records as they appeal In a pus Wash gton Co my offces The d avn g sho Id be used for reference purposes only Washington County Is not respo slbie f a y na000racles So ce Washington Cou tyS rveyors Offce Phone (651) 4306875 P cel dat based o AS400 tormah0 c nerd through Feb ary 28 2005 Map punted April 5 2005 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 Pen X Variance Resubdivision Subdivision* Comprehensive Plan Amend Zoning Amendment* Planning Unit Development Certificate of Compliance The fees for requested action are attached to this apphcat,on *An escrow fee is also required to offset the costs of attorney and engineering fees The applicant is responsible for the completeness and accuracy of all forms and supporting mater 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 matenal is required If application is submitted to the City Council, twelve (12) copies c supporting material is required A site plan is required with applications Any incomplete apphcat supporting material will delay the application process PROPERTY IDENTIFICATION Address of Project /0 mil r cr 5 5. Assessor's Parcel No 33 (93 o/ /or7t /a- - (GEO Code) Zoning District Description of Project ea..)..0, e (ex is r 5 ,ansfe d- 'o i %?w. s-T- /V/e u! AT 4c 4 p uS "I hereby state the foregoing statements and all data, information and evidence submitted herewiti respects, to the best of my knowledge and belief, to be true and correct I further certify I will coma the permit if it is granted and used " Property Owneran n i S 6- u 1 Ph Mailing Address /tP/Yc94 d' Si( 5 City - State - zip iT/ eft a ? 7,l/ 9/(,,, ' )-3-aP2 Telephone No ‘ 5 '— 1130 Signature (Signature Is required) Lot Size (dimensionsyyo x fa Land Area /a, 6 G a AHeight of Buildings ttories Feet Principal d2 02€1" Accessory / .�o Representative rgo,).,h / s 4-- �'/e cod eh Mailing Address /O/Pg , J City - State - Zip57//f mod%-Q-ci j x Telephone No 6 -/—i/3o----2d3% ers"i— Y39— 557? ,vay Signature (Signature is required) SITE AND PROJECT DESCRIPTION # e..4/ Total Building floor area .'6/L square fe Existing 4 I6 square feet Proposed y 9 - square feet Paved Impervious Area , S'c o square feet No of off-street parking spaces fr' 4 . H \mcnamara\shella\PLANAPP FRM May 1, 2003 1 April 5, 2005 RE Vanance for 1018 S 2"d Street Dear Planning Commission Members I would like to demolish my existing garage that is 48 years old and construct a new garage with an addition connecting it to the house The new garage and living addition style will match the house The existing garage side yard setback is 2 5 feet (5 feet required) from the property line, and the rear yard setback is currently 2 2 feet (25 feet required) I would like to construct the new garage in the same location The two neighbonng garages are within five feet of my garage wall, therefore, I am willing to construct the garage and addition to meet the building code fire separation requirements when within three feet from the property line As you can see on the survey, I do not have any options to move the garage and still meet the required setbacks to the side and rear Sincerely, 0e,.., e ‘4A--e4-1 Dennis Gruber 1018 S 2nd Street Li 0 n 0 0 0 0 El 0 El 0 El 1 0 1 1 I) III El 0 El 0 0 E] Fil 0 0 0 n 0 El 0 El El LI 0 El El El 0 El 1 11111111111111111111 oUSTDG HOUSE IIIIIIIIIIIIIIIIIIIII T ei NOM ti ION " ■i■ MEM ■'■l A ❑ ❑ o OMEN. 4•110 m Notes CERTIFICATE OF SURVEY Indicates iron mon found o Indicates #13774 iron pipe set "M " Indicates measured value "R " Indicates record value Orientation of this bearing system is assumed datum BARRETT M STACK STILLWATER, MINN 55082 MINNESOTA REGISTERED LAND SURVEYOR Tel No 439-5630 SURVEY MADE EXCLUSIVELY FOR: Dennis and Pam Gruber, 1018 So 2nd St , P 0 Box 249, Stillwater, MN 55082 DESCRIPTION: Overall Parcel Description Furnished (copy of Doc No 624427) Lots 13 and 14, Block 14, Churchill, Nelson and Slaughter's Addition to Stillwater, according to the plat thereof on file and of record in the office of the County Recorder, Washington County, Minnesota Notes Churchill, Nelson and Slaughter's Addition to Stillwater is recorded as Doc No 416049, in the office of the County Recorder of Washington County, Minnesota Offsets shown to existing structures are measured to the outside building wall line, unless shown or noted otherwise Any projections from said wall line such as eaves, sills, steps, etc , will impact these offsets accordingly Note encroachment of the bituminous (Bit ) driveway along the northerly line of Lot 13, B1 14, as shown and noted hereon Underground or overhead public or private utilities on or adjacent the above described parcel were not located in conjunction with this survey, unless shown or noted hereon Locate existing utilities prior to any excavation on or adjacent the parcel , r, .. . Doc /7 FNO Ar well 11 A / /✓0 4/6D49' Z2 -- 589°,03 1 �'— 1.../_7 i i_- /z ,e/35 .5 6 + � Qir D,Pivf 9s"�� I /'' ,..i.•i/ / ///// / / /5 LOT /3 A/a /oi ///,/ Z vo Ovrs/vE L/,v. er/"P) fe. w4- „0/-vELL/N4 GigyeE.e /%ale -EL Cowl 4,W-5 /2/Z3 LOT /Z / /rr G;As / ELfe/ Z / .1 Es ;14-215". 29 9 't 44/411.- -- /V89 °D3 /7'E' M /3¢ 67 - - .P /3S En 7 H,i,vc'a eve B/r AP7 5 r. Go /a+ / P SET dir O,e/✓4-409, i / L� i v\ I hereby certify that this survey, plan, or report was prepared by me or under my direct supervision and that I am a duly Registered Land Surveyor under the laws of the State of Minnesota Date 10-30-99 13774 Reg No I Memo To Planning Commission From Steve Russell, Community Development Director Date April 15, 2005 Subject Revised Plans for Millbrook Development (Palmer Property) Background The Planning Commission held an initial public meeting on February 14, 2005 to review development plans for the Palmer Property The initial development was called Homestead which has changed to Mil!brook Revised Plans The developer has prepared the revised concept plans based on input from the first meeting The points addressed in the revised plans are listed in the applicant's transmittal letter Since the last Planning Commission meeting, according to the developer, MnDOT has approved the development access location off of TH96 Changes proposed that respond to the Commission comments include attempts to breakup the roadway with traffic circles and medians An additional trail access to the Iakeshore trail(south side) reducing some of the condo building sizes (from 6 units to 4 units per structure along Brown's Creek) Not shown on the revised concept plan is lowering the elevation of the Heritage development area by 6 feet and tiering development of the attached housing from the park to Brown's Creek (north to south) Things not in revised concept plan 1 Trail along north side of South Twin Lake (called for in revised trail plan) 2 Summit townhouses along southern portion of Brown's Creek (recommended considering single family Glendalough along Brown's Creek Corridor) 3 Park dedication requirement (7 4 acres rather than 10 acres) 4 No public access to pond (recommended access at east and west ends) 5 Need for additional building setbacks at key corners to provide attractive landscaped entries (Neal, Glendalough Circle and Heritage Corner) 6 Need for parking for TH 96 park 7 Better access for attached housing area to guest parking and open space recreation areas 1 8 Open view for greenway corridor through site (remove one attached building) 9 Enhanced landscaping between backs fo houses and Brown's Creek, South Twin Lake and along park/TH 96 10 Guest parking for townhouse area 11 Meet City public street standards for all streets Some of these items may be addressed in the current plans but because of the conceptual nature of the plan, it is difficult to determine Planning Commission Meeting As with the February meeting, this is a public meeting A notice has been sent out for public notice The applicant will present plans for Commission discussion The comments from the Commission can be incorporated into a follow up final meeting and recommendation to the City Council to. Notes from February 15, 2005 Planning Commission Public Meeting Concerns Expressed 1 Parks acreage 2 Design of summit townhomes 3 Use of lake (motors/nonmotorized) 4 View of ridge buildings (row of homes on ridge) 5 Traffic on Neal Avenue 6 County plans for Manning /traffic Tight on 15/96 7 Walking trail around lake 8 Impact (noise/dust) of construction 9 Plants to block and break up view of buildings 10 Street widths 11 Concern for townhouse design via Setters Glen 12 Concern for keeping specialness of site South Twin Lake and Brown's Creek 13 Number of housing units/attached 14 Neal Avenue improvements 15 Setbacks at corners (Neal) 16 Connect attached housing with rest of community 17 Trail connection to Neal (Comp Trail Plan) d 3 To Planning Commission From: Steve Russell, Community Development Director (/-� Date February 11, 2005 Subject Consideration of Development Concept for Phase III Annexation Area Palmer Property FAA,04A Memo Ln�„� Background. At your January 10, 2005 Planning Commission meeting, Comprehensive Plan Policy for the Phase III City expansion area was presented along with a power point presentation showing general site conditions Review Process At this time, the developer of the Palmer Property would like to annex and develop the Phase III area The Orderly Annexation Agreement allows for the annexation of this area after January 1, 2002 (see sections 4 07 and 4 08 of the Orderly Annexation Agreement attached) The task for the Planning Commission tonight is to review the proposed plans for consistency with City Comprehensive Plan Policy and zoning requirements Staff comments are provided to assist with proposal review The developer can then work with the Commission and make project changes or refinements to obtain Planning Commission approval The recommended plans will then be reviewed by the Joint Board and City Council When it is determined that the proposed development is consistent with City planning, zoning and environmental requirements, planning permits (Comp Plan, zoning, subdivision, PUD) will be heard by the Joint Township/City Planning Board and City Council This process is different then other areas of the City because of the Orderly Annexation Agreement with the Township Tonight's meeting is a public meeting but not a public hearing Comments from the audience can be considered by the Commission as a part of their review so that public concerns can be addressed at this early date in the development review process Comprehtnsove=PlawReview=The-City's-Comprehensive=Plan=was-adopted=m=1996- - Since that time, two major growth areas have been annexed So far, development approval has been given to five developments totaling 1,085 housing units Of that number, 429 are small lot single family, 198 large lot single family and 398 attached single family The attached single family is higher then originally planned due to the -Crossings Development (142-HU's) and Settlers Glen-(160-HU's)-condominium developments In addition, 350 multifamily condominiums have been recently approved in the Downtown The orderly annexation agreement calls for a maximum of 120 building permits issued per year As of January 2005, 967 permits have been issued (see attached report) Environmental Review. An Alternative Urban Areawide Review (AUAR) that was prepared for the Comprehensive Plan used a total of 1,270 housing units in the Gty's annexation area (see attached table) The AUAR assumptions for the Phase III development area will have to be reviewed to see if it the report adequately considers the impacts of this development Land Use Map The Comprehensive Plan land use map for the development area is attached The map shows three land use designations for the area Large lot single family, small lot single family and attached Land use acreage for existing land use and proposed development are listed below Land Use Comparison Comprehensive Plan Attached Single Family Single Family, large lot Single Family, small lot Proposal Plan Attached Single Family Single Family, large lot Single Family, small lot (1) Gross land area (2) Net developable land area (does not include private open space) Land Use Designations d�" /ryp `uA, 15 acres (1) 20 ya 25 acres /i jo 77 acres tyro 17 2 acres 51 3 0 lG 0 The land use figures can not be directly compared because the Comprehensive Plan land use acreage are gross acres and the developers acreage are net developable acreage However, the proposed acreage can be compared at a general level The developer's proposal has no single family, large lot areas and the attached single family area is larger and the development density higher than the 6 du/acre attached housing of the land use plan South Twin Lake South Twin Lake is classified by the DNR as a natural environmental lake (highest quality lake) requiring large lot standards (1 acre) and 150 foot setbacks around the lake (see attached regulations) The proposed development does not reflect those standards One reason for moving the attached housing away from the lake is to reduce the impacts on the lake and address the large lot shoreland requirements The development plan was preliminarily reviewed by the Fire Department, City Engineer and Transportation Planner The plans were sent to Washington County Public Works, MnDOT and DNR for comment No comment has been received as of this meeting The comments are listed below Fire Department • Concerned about road width • No private streets • Concern for guest parking for attached housing • All roads minimum of 28 feet • All attached housing sprinkled City Engineer - see attached memo Transportation Planner - see attached Expansion Area Traffic Study recommendations Comments from the Transportation Planner will be presented at meeting time Project Design Comments • The long line of building should be broken up by landscaping • Change building orientations or arrangements • Thirty foot building setbacks for all pedestrian trails • Pedestrian trail extended around the lake • The attached housing be rearranged to create a more interesting design • Attached housing focusing Brown's Creek be redesigned to show more interest as viewed from Brown's Creek • Sidewalks on all streets • Use retention areas as usable private or public open space • Integrate more open space into developed area • Provide interpretative trail along Brown's Creek • See-attached=design=suggestions-for-consideration • See comments from Development Design Meeting January 27, 2005 • See comments from Sue Fitzgerald on landscape design Further Review Based on this initial Planning Commission review, the developer can prepare a response and -plan changes-to-Commission_and staff comments City community development and other department staff are available to meet with the developers to clarify comments or consider changes in the plan Attachments Project plans (distributed by developer) l r Homestead Planned Unit Development Issues for Discussion -Project Unit Composition Land Use Plan 20% Attached single family 11% Large lot single family 70% Small lot single family Proposed 48% Attached single family 35% Large lot single family 17% Small lot single family 6,000 sf/unit 20,000 sf/unit 10,000 sf/unit -Park Dedication Requirement 107 net acres (Lake, wetlands, slopes, right of ways) Parks - 10% of net land area or 10 7acres Proposed 7 4 acres -Private Roads Private roads are not allowed by City Code Roads servicing attached housing private (see fire department comments) -Status of zoning requirements for south Twin Lake as natural environmental lake (one acres Tots in shoreland area) -Review of AUAR with actual project development plans -Specific comments on project design i e , trails, views, landscaping, streets, traffic impact, infiltration ponds(design and location), streetscape design including sidewalks, street trees, curb design, greenway design February 15, 2005 Dear Mr Russell, After attending last night s Plammng Commission's meetmg and reading over the matenal that was distributed, I have several questions I am not looking for you to respond to me with the answers, but would instead like to know that they have already been posed by the city when considering the plans proposed by the Orrin Thompson developers I hope to have discussions with you and the Planmng Commission regarding these concerns at future meetings that discuss this project I stopped down at City Hall this afternoon to take a closer look at the map of the proposed development and to have a short Q/A with an appropnate person to this project, and was told that you were the correct person to talk to Unfortunately, I caught you at the tail -end of your lunch, and was unable to look at the map which may have allowed me to answer some of my own questions below My purpose m these questions is to try to work to ensure that the people of Stillwater will be pleased with the outcome of tills project It is obvious that development will occur, but we all owe it to Stillwater to avoid the type of structures that were built on the West edge of Settlers Glen, and to be as kind to this fragile environment as possible Here are my questions 1) Per the Orderly Annexation Agreement, Item 4 09, are 100% of the property owners within the Phase IV area to be annexed, petitioning for early annexation? If not, doesn't this item 4 09 prohibit early annexation of the entire Phase IV properties? 2) Per the South Twin Lake Shoreland Regulations a) On the Zoning page that was included m the packet, item (5)a 2 addresses the lot area and width standards for sewered lakes and nver/streams My mterpretation of this item is that the lots for smgle family homes (SFH) must be at least 125 feet wide and consist of an area at least 40,000 square feet per lot; is this correct? Do all of the lots along the lake and the creek that are proposed by the developer meet this cntena9 b) This item (5)a2 does not address multi -family homes (MFH), are the provisions the same for MFH as for SFH or more strict? c) Item (6)a. addresses the structure and sewage system setbacks Are all of the proposed structure sites set at least 150 feet back from the creek and the lake? Some general questions Brown's Creek Is it a responsible decision, environmentally to run the path alongside the creek? r Has the developer ever offered to run the path through their neighborhoods, keeping the creek as a natural habitat? (The more trail users learn about the creek, the more abuse it will suffer ) South Twin Lake I am almost certain that I read an article last summer about an environmental study that took place concerning this lake It seemed odd to me last night that no one, either on the committee or m the audience, knew what I was talking about (Perhaps the study was done on the North Twin Lake, if there is such a lake, thus I had the wrong lake m mind) I am sure the DNR has been contacted regarding the developer's proposed idea of providing lake access to its residence, and it will have an mfluence one way or another as to the lake's usage Multi -housing Why has so much multi-housmg gone up m Stillwater within the last five years? Has a study been completed that indicates that we need more multi -housing, mcludmg the two properties that are already m the building stages m downtown Stillwater? Who decides if there should be multi-housmg within a development? Who benefits from multi -housing besides the developer who obviously gets the most "bang for their buck ? Does it benefit the city? Who has a say in what type of housing is built in the city of Stillwater, as well as the quantity per acre? Neighborhood Design Per Sue Fitzgerald s (City Planner of Stillwater) statement m her letter that was enclosed m the pubhc s packet of mfgrmation that shows her concern for the long and uninterrupted" road to Neal, has the developer ever proposed to the city a gnd-type neighborhood layout that is so prevalent m the city of Stillwater? The grid -type layout would alleviate these nmway type roads and create more of a sense of commumty within the neighborhood Has Orrin Thompson developers ever approached the city with a plan that consisted of a neighborhood that reflected the adjoining properties such as 2 Y2 acre lots? Wouldn't this type of development be more conducive to the property at hand? It just seems that the developers are trying to pack m as many homes as they can If you have any feedback to this letter I would be happy to receive it either via email or telephone (651-351-0297) I thank you for talang the time to read this today Sincerely, Suzanne Block MEMO To Planning Commission From Sue Fitzgerald, City Planner Subject Phase III Development - Palmer Property - Site Plan and Landscape Plan Recommendations Date February 14, 2005 The Planning Commission reviewing Phase III Development - Palmer Property Staff has reviewed the proposed site development plans and would like to make the following comments On February 9, 2001 The Commission adopted the attached Expansion Area Landscape Manual Dellwood Road (Highway 96) fronts the Phase III Development and is in the area described in the manual The manual offers landscape recommendations for expansion areas of Stillwater, the applicant should review the manual in accordance with the proposed project Staff has concerns that the manual is not being implemented The manual delineates the corridors of Manning Ave, north of Highway 36 to Dellwood Road, and Dellwood Road east to Highway 95 and makes recommendations for landscaping of specific sites An example of a site is Wetlands The manual states "Trees, shrubs, wildflowers and grasses that tolerate saturated soils should be planted near the wetlands to increase the diversity of species and improve habitat quality" It's this type of considerations that need to be seen The Stillwater Comprehensive Plan addresses the Dellwood Road, Manning Avenue area It says that the views from both roads are to be screened with existing vegetation and landforms, new landscaping, wetlands and greenways The Site Plan shows massive housing with tittle relief of green space areas within the development Greenways and neighborhood parks/green spaces should be developed The proposed plan shows virtually no `neighborhood' parks The entrance road that leads to Neal Avenue is long and uninterrupted They should look at the conceptual design of the over all plan m terms of the Comprehensive Plan The Comp Plan states that community character would be created in new interesting quality designed neighborhoods The Landscape Plan=for-Phase-III=is-a prehminary-plan and will need-to_be developed farther At this level of development, the plan shows a streetscape plan It does not show clustering of trees within the development, landscaping of the trails, nor does it show screening of the surrounding residents ___. Attachment _Stillwater Greenway Corridor Landscape Recommendations 2/23/05 TO Stillwater Parks Board CC Steve Russell From Jay Liberacki US Home Re Millbrook (Palmer) Community Plan US Home is pleased to present our plan for the Palmer Property (Phase III Annexation) to the Parks Board and look forward to making a presentation at your February 28th Parks Board meeting Enclosed is our submission booklet, full size drawing are available from the Planning Department I have also included some past correspondence between US Home and the City that include discussions of our park concept We have been working with the city staff for more than a year on various land use and parks and open space concepts Various plans have been presented to the Stillwater Planning Commission, the two Watershed Distncts and a joint meeting of the Stillwater Township Board and Planning Commission We have worked to incorporate or address the ideas that these groups have brought to our attention We're now seeking your input Parks and Open Space are a very important part of any City annexation and the development of a contemporary new community The location of the Palmer property in proximity to Brown's Creek and South Twin Lakes makes these issues doubly important Over this last year of study with the city staff, the three development uses shown on the Development Plan have moved little from where they are currently shown They are each sited to take best advantage of the property's natural site charactenstics, from the standpoint of their respective architectural and resident profile requirements Rather than discussions of moving the development uses, the discussions have focused on the details of the architecture, dnves and dnveways, pedestrian circulation, streetscapes, landscapes, etc There has been much more discussion in terms of location is the Park element and its relationship to the three development uses and Browns Creek and South Twin Lakes The park has been studied as a lakeshore park, a central park to all three uses, a park that favored the attached Single Family and most recently the current plan, that ❑ Creates a public park/open space welcoming residents and visitors entering Stillwater on Highway 96 from the west o Creates the first of several park/open space elements that residents and visitors hopefully will pass on their drive into Stillwater o Creates a large park/open space that is highly visible to all residents of Stillwater as they use Highway 96 m their day to day activities o Creates a large park/open space that acts as a soft transition from urban Stillwater to rural Stillwater Township o Creates a large park/open space that is the terminus of the Browns Creek trail system within Stillwater o Creates a large park/open space that could accommodate athletic fields and the traffic from outside the community that these types of Park uses generate, without disrupting or negatively impacting the neighborhood residents o Creates a large park/open space as the front yard for many of the homes that don't front on either Browns Creek of South Twm Lakes Our current plan evolved from the fact that neither the development team nor' the city staff could get really excited about the prior plans The current plan could be considered unorthodox because it places the park on a perimeter street (All of the positive aspects noted above would be lost with an internal park) The property has so many natural amemties, internal homes sites are not diminished by moving the park to a perimeter street, m fact many of the homes will be -much more livable and desirable with the current plan (And that should be our goal as community developers and city officials, to create highly desirable neighborhoods) I believe the proposed park will be one of the largest parks m Stillwater's park system short of the several athletic complexes I have mcluded an overlay that shows the approximate configuration of the existing City Parks at the same scale as the Parks and Open Space exhibit in your booklet The sizes were field measured by me with a measuring wheel, so they are only approximate, but should be close to their actual size The park uses shown are only for illustrative purposes I understand the parks department or Parks Board would make the decision as to which facilities would be placed in Millbrook Park (I like to use a ball field in my illustrations because residents and neighbors can usually visualize a football or baseball field Also it gives the Park's Board a lot of flexibility by showing that if they want, the park can accommodate a large flat athletic field) We are very excited about the commumty we have created and look forward to meetmg you and presenting our Parks and -Open Space -plan -to -you and seeking your ideas on improving it even further . DAHLGREN SHARDLOW AND UBAN INCORPORATED CONSULTING PLANNERS LANDSCAPE ARCHITECTS 300 FIRST AVENUE NORTH SUITE 210 MINNEAPOLIS MN 55401 612 339 3300 Stillwater Planning Commission Special Meeting April 18, 2005 MILLBROOK DEVELOPMENT CONCEPT Palmer Property, Stillwater, MN The revised Development Concept for the Millbrook project proposed by Lundgren Brothers/Orrin Thompson is illustrated on the attached materials for the Planning Commission's consideration The project has been discussed in some detail among city staff, Lundgren, and consultants The Development Concept includes the following • Increased open space and trail connections as requested by city staff • Traffic calming/trailhead nodes on the main roadway through the project, as requested by city staff • An open space corridor/trail connection extending west through the townhouse area, as requested by city staff • A reduction of 10 townhouse units as a result of the open space/trail connection • Townhouses facing south and west towards Brown s Creek are 4-unit buildings spaced 25 30 apart, reducing the overall mass and visibility of this portion of the project • A total of 284 units in the project, down from 294 proposed previously • Grading for the project reduces the height of the highest point on site thus reducing the overall visual impact of the project to the surrounding area • Sensitivity to wetlands ponding, and infiltration, as in the overall plan proposed previously • Adherence to DNR's model of density tiers in a PUD around the Natural Environment Lake — South Twin Lake as previously proposed We understand the city has not officially adopted the DNR model, but is open to DNR's input on the suitability of the overall plan • A public park on the north side of the project serving as a buffer to Highway 96 plus a network of private open spaces, sidewalks, trails, ponds, wetlands, and other interconnected green spaces serving recreational and leisure needs of the community In addition to the Development Concept drawing we have attached an analysis showing the numbers from the Comprehensive Plan and comparing it to the Millbrook plan as well as Mr Palmer's concept plan for the property from 10 years ago (Villages at Brown's Creek) The current Millbrook plan contains fewer units and is more sensitive to the wetland and lake issues than the Villages plan and has substantially fewer units than the numbers calculated by the Comprehensive Plan designations We look forward to discussing the project and answering your questions and concerns Philip Carlson, AICP, Senior Planner Dahlgren, Shardlow, and Uban, Inc NIUNWRi 9Co Millbrook Stillwater, Minne5ota April 13,2005 Scaii4 L r: D evelopment Glendalough Heritage Metropolitan Summit Total Units O 1N' AP 4 A.4.5 102 Units 50 Units 92 Units 40 Units 284 Units 17. 7-7n —( 2 UI 7 -J Z oncept ORR1N THOMPSON. i SATHRE-BERGDUIST, INC. DAHLGREN SHARDLOW AND • UBAN 0:/4000/4100.26/CoreV410026REmseclConcept41305.cdr Comprehensive Plan Hwy. 96 R/W South Twin Lake 4.6 Ac. 34.0 Ac. Wetlands 22.5 Ac. Millbrook- Proposed Steep Slopes 8.8 Ac. Hwy. 96 R/W South Twin Lake 4.6 Ac. 34.0 Ac. Millbrook Wetlands 22.5 Ac. 5tiIIwater, Minnesota SFLL SFSL ASF 21.5 Ac. 63.5 Ac. 15.2 Ac. Steep Slopes 8.8 Ac. Open Space Park Glendalouogh Heritage Metropolitan & Ponding 7.4 Ac. 35.3 Ac. 12.2 Ac. & Summit 33.7 Ac. 12.0 Ac. Comprehensive rlan rropo5ecl rlan Acreage AnaIsis ORR1N THOMPSON. DAHLGREN SHARDLO\V AN I) LIMN April 12, 2005 O:jobs\4000\4100.26\44100.26LandUseComaprison.dwg SATHRE-BERGQUIST, INC. .�.,�.,,.,.., ��,...o. Comprehensive Plan Exception 5.0 Ac. SFLL SFSL ASF 21.5 Ac. 63.5 Ac. 15.2 Ac. x 2 un./ac. x 4 un./ac. x 6 un./ac. 43 Units 254 Units 91 Units Palmer Concept Plan Sonnen SF Detached Small Lot SF SF Attached Sonnen Unused 26.2 Ac. 1 Unit 65 Units 12.2 Ac. 29.3 Ac. 68 Units 148 Units Millbrook- Proposed Millbrook Stillwater, Minnesota 5.0 Ac. 76 Units (20%) x 6.0 un./ac. 30 Units Glendalough Heritage Metropolitan Summit Unused 92 Units 40 Units 104 Units (27%) 44.1 Ac. 12.2 Ac. 17.6 Ac. 102 Units 50 Units =388 Total Units =312 Total Units 132 Units =284 Total Units mPretiensive ran rropo5ec Pan nits AnaI5i5 ORRIN THOMPSON_ 4 lrnruu (.urykrn, DAH I lZF N SI IAR[)RD\'v AND •UBAN April 12, 2005 O: jobs\4000\4100.26\4100.26LandUseComaprison.dwg 3 SATHRE-BERGQUIST, INC. BSI souni BPOADwAi VNT}ATAMOI 1531, oss,.lf-G.N 10 Ac. Site Wetland/ jSteep Slopes Net Developable Land 8 Ac. Net Millbrook 8Ac. x 1 un./ac. 8 Lots 5tillwater, Minne5ota April 8,2005 0:jobs\4000\4100.26\4100.26LandUseComaprison.dwg 3 Ac. x 2.7 un./ac. 8 Lots 1 Ac. x 8 un./ac. 8 Units 1 Ac. x 8 un./ac. 8 Units pup Generic Concepts ORRIN THOMPSON.. A brow (n ,P,"n, SATHRE-BERGQUIST, INC. ISO SOUTx BI10ADwA1 wnrrwr..MX. MSC M40768001 DAI ILGREN SI IARDLOW AND •t►RAN /IA„ Highway 96 100' ROW Tra I Gazebo Public Park / Open Space Section Locations Tot Lot Road C 60' ROW Access Drive G 24', NOTE: Vertical scale of section line is exaggerated to show differences in elevation. Millbrook L 5tillwater, innesota Access Drive F 24', Attached Single Family Neighborhood Road D 60' ROW Existing Grade Infiltration Trail Basin HOA Open Space 600' Nearest Home c co 0 Brown's Creek Open Space 5itc 5ection A-5 April 12, 2005 O14000/4100.26/Core1/410026StteSectlonAB041205.cd ORRIN THOMPSON._ DAHIGREN SHARDL:OW AND • UBAN lie-re'o ay. •••. COM& 1 1 2 3 At a, •• • 20 AC • I • TRUNK HIGHWAY 96 + 41cKUSICX ROAD NORTH ,he Villages at Brown's Creek Eighway 96 / County Road 15 )evelopment Concept Plan �L� tc Ok 1 --] re SOUTH TWIN LAKE 320 AC. WATER CAUTION •d6 •0' OAR PROTECTED WETLAN6S NO. e2•+•W LAKE CLASS LS.I OM+R OdtO'NARY HIGH WATER E1.EVAYAON = 1140_3 FEET ArR • rts GROSS SITE AREA: SOUTH TWIN LAKE & WETLAND: SITE AREA ABOVE OHW: PROPOSED DEVELOPMENT: • PARK AND OPEN SPACE: _ _ _• ROADWAY_ R.DJ& • COMMERCIAL: • RESIDENTIAL: SMALL LOT SINGLE FAMILY (68 UNIT$): 12.2 AC. 17% SINGLE FAMILY DETACHED (65 UNITS): 26.2 AC. 36% SINGLE FAMILY ATTACHED (148 UNITS): 29.1 AC. 40% EXCEPTION (1 UNIT): 5.0 AC. 7% • TOTAL RESIDENTIAL (282 UNITS): 72.7 AC, OVERALL RESIDENTIAL DENSITY : • 262 UNITS/135.0 AC. (141.3-6.3)=2.1 DU/AC. AVENUE NORTH. 173.3 AC.I 10 32.0 AC: 1 141.3 ACj 8 42.2 AC, 1 3 20.1 AC4 1 6.3 AC. 2.1 DU/AC. (T) 0 10o 200 430 NORTH AUGUST, 1994 111 1 111 ItY -40 co Cafe + Creamery + (waG' 1111111 1'l 1 April 2005 Tbis proposal (copy # J l) contains proprietary and confidential information belonging exclusively to Liberty House Cafe & Creamery. Principals: Salvatore F3 Mary Rosa Phone: 651-439-4309 763-350-2519 cell fg PLANNING APPLICATION REVIEW FORM CASE NO V/05-16 Planning Commission Date May 9, 2005 Project Location 145 New England Place Comprehensive Plan District Village Commercial Zoning District VC Applicants Name Salvatore and Mary Rosa Type of Application Special Use Permit Project Description Request for a special use permit for a 1,600 squre foot coffe and ice cream shop (restaurant) Discussion A special use permit for a two-story office building was previously approved for the site The current request is for a restaurant use on the 1,600 square foot first level of the building Fourteen dedicated parking spaces are provided for the use in addition to shared parking The parking requirement for the building is 6 spaces for the office and 13 for the ice cream/coffee shop totaling 19 spaces On -street and shared parking are available in the area (see application parking plan) When the original PUD was approved the proposed use for the site was office, service, professional, retail or apartment Coffee shops are a permitted use with a special use permit in the Village Commercial, VC, District No drive through or outside seating is proposed for the use Any signage requires a design permit from the Heritage Preservation Commission Recommendation Approval Conditions of Approval 1 All conditions of PUD/04-13 shall apply (attached) 2 Any exterior signs shall required PUD approval Attachments Application and plans I 1 All utilities shall be completely screened from public view 2 A lighting plan showing the fixture type, height, location and exterior lighting intensity shall be submitted with building permit plans for Community Development Director approval All lighting shall be directed away from the street and adjacent properties Light sources shall be shielded from direct view and protected from damage by vehicles 3 All landscaping shall be installed before utility release or final project inspection No project shall be phased unless approval is granted by the Planning Commission 4 Continuous concrete curbing shall be installed to separate parking areas from landscape areas 5 Handicapped parking spaces and signage, in compliance with State requirements, shall be shown on building permit plans and installed before final inspection of the project 6 The street address of the building shall be displayed in a location conspicuous from the public street 7 The trash enclosure shall be made of a sturdy opaque masonry material, with trash receptacles screened from view and compatible with the color and materials of the project 8 All gutters, downspouts, flashings, etc , shall be painted to match the color of the adjacent surface 9 Construction projects shall conform to the City's Noise Ordinance Construction during the dry season shall mitigate excess dust problems 10 A sign permit shall be required for all project signs 11 Grading and drainage plan to be approved by City Engineer before building permits are issued 12 Sign package to be approved by the Heritage Preservation Commission, including directional signs 13 Exterior lighting plan to be reviewed and approved by the Heritage Preservation Commission 14 All security lights on building shall be downlit 15 All exterior modifications to the approved plan are to be reviewed by Community Development Director 16 All revisions to the approved plan shall be reviewed and approved by the Heritage Preservation Commission Findings The proposed use will not be injurious to the neighborhood or otherwise detrimental to the public welfare and will be in harmony with the general purpose of the zoning ordinance Attachments Application form and partial construction documents CPC Action on 3/8/04. Approval Lot Size (dimensions) x Land Area Height of Buildings Stories Feet Pnnapal a Accessory PLANNING ADMINISTRATIuN APPLICATION FORM COMMUNITY DEVELOPMENT DEPARTMENT CITY OF STILLWATER 216 NORTH FOURTH STREET STILLWATER MN 55082 Case No wi Date Filed Fee Paid Receipt No ACTION REQUESTED X Special/Condibonal Use Permit 0 Variance Resubdivision Subdivision* Comprehensive Plan Amendment` Zoning Amendment* Planning Unit Development * Certificate of Compliance The fees for requested action are attached to this application `An escrow fee is also required to offset the costs of attorney and engineering fees. The applicant is responsible for the completeness and accuracy of all forms and supportbng material submitted in connection with any application All supporting materaa/ (1 e., photos, sketches, etc) submitted with application becomes the property of the City of Stillwater Sixteen (16) copies of supporting material is required If application is submitted to the City Council, twelve (12) copies of supporting miatenal is required A site plan is required with alppl/cations Any incomplete application or supporting material will delay the application process. PROPERTY IDENTIFICATION Address of Project l 4S N{ w England ?L Sk Ioo Assessor's Parcel No F 300.60,20 (GEO Code) 3? 0104 Zoning Distnd VC Descnpbon of Project Cpccevt. -t- ICe C1rP Goon s1)o-e "I hereby state the foregoing statements and all data, information and evidence submitted herewith In all respects, to the best of my knowledge and belief, to be true and correct.1 further certify 1 will comply with the permit if it Is granted and used " Property Owner L-.,,ber-11 -Pro Ply f&ahr., aen}- Representative Sclvrn}QYe. -I-MoiI re eRhso, t' 1 mLLC Mailing Address 1 �-I S Nh W L h D )4 q d 1 L She Zoo Mailing Address 6-7 -A F he h r + Catty- State- Tip S- 1\wrier, `MN SSO%z- City - State - Zip S-h 1 \wits, -Vier 1 '(VVd 5 SOY2 Z Telephone No, i Lo S `- 3S 1 - 0 91 S Telephone No (gS�- 39 - Li 30 9 Sig►f (Signature is required) (Signature is required) SITE AND PROJECT DESCRIPTION 31oo0 Total Building floor area square feet Existing square feet — Proposed square feet Paved Impervious Area _ square feet No of off-street parking spaces I LI Qdd Iu:rya Silo ore di mm / NE OF ACRE R2IW R2OW R19W T02N T32N IV. s b00 DIN TOIN W DU ARE HERE 0 TICN . T3ON (0001) 729N 1111111 R9N � (0002) PEN 1; 726N 50 FT W DE NSP EASEMENT PER BK 09 DEEDS PG 226 STu ► ►n'ATCR Tow 727N R2_W R21 W 727N • R20W , :,._— 75TH 'EET NORTH004130 203:.011 Vicinity Map 80 ORAGEB1 UT EASEMENT SO gu OIITL C /LPE ,YW1E wM,IE NE OFSY N 0 LIBERTY VILLAGE 3RD ADD 1 OUTLOT A w 7 T,g/1 / •• n9s L� �OL 2N13 A�,,l OVSE o 7 N.�`,`� SETTLERS WAYTs oQ�a�t aokz ENGLAND , wza 'u � �o co ourLo�T1 ti.` 3MB115 o �)g(c �� PPE 1 [i ® N 60 33 21 Z DDG LOT D • � fit+ 9 ♦ •(� 's,' R m5° VVT Pp-bf�'Eclti GY Fl` /• oulLOT e II fn R ' ��i 'jT s�% w ►' " 1 . a — 4.7 p 187 1"y L �1 y LA g s 1 •RK sA ti`' `/ �(/e* Hi. n .p (L*,. 2 Py Scale in Feet 3. 2 / �$�``j_< s ti 1 d ?,T 3 4 1 ,. `74 / 0 av oo 4 \ a �I n� \Q� . 4 1 / 6b 0. /6 s07 moo 700 V 2 . B 1 �`G�� " / \ y 10 S 3 ds Q// ffi 6 ffi 101 ffi OP® ea CO ` 6 �i 9 ,.. 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AO MS �, 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 X_Special/Conditional Use Permit danance Resubdvision Subdivision' Comprehensive Plan Amendmenr 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 supportig material submitted in connection with any application All supporting material (► e., photos, sketches, etc) submitted with application becomes the property of the City of Stillwater Sixteen (16) copies of supporting material is required ff application is submitted to the City Count►!, twelve (12) copies of supporting material is required A site plan is required with applications Any incomplete application or supporting material will delay the Application process. PROPERTY IDENTIFICATION Address of Project 1145 A14 w E )c, ncl j�'- L Ste IUD Assessor's Parcel No }f 30 06C , ZO 3.2 0 tO'I (GEO Code) Zoning District VCDescription of Project (nest -t- I e Cxf CN re Shop "I hereby state the foregoing statements and al! 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 1 will comply with the permit if it is granted and used " Property Owner _, b r+xi Trc pt'rt-v �anr�e Pne n 1- Representative L LC Sc�lvrv}n, e- + MG+t i� s� f Mailing Address 1 `{ S A/e EttD )G rtci Ft_ a Zoo Maihng Address City - State - Zip S -*-k 1\wcre rr ft N Telephone No, - 3s I - o 91 S Signature (Signature is required) Lot Sae (dimensions) x Land Area Height of Buildings Stores Feet Pnnapal Accessory City - State - Zip (D 12) ben ( 1 S-h 11,, is (hW (Signature —is —required) SITE AND PROJECT DESCRIPTION Total Building floor area square feet Existing square feet — Proposed square feet Paved Impervious Area square fed No of off-street parking spaces I LI add , 4,,,,,0 shared 3ko00 Liberty House Cafe & Creamery April 9, 2005 Dear Members of the Stillwater City Planning Commission: We are requesting an amendment to the Special Use Permit at 145 New England Place, Suite 100, Stillwater, in the Liberty Village development to allow Liberty House Cafe & Creamery to operate a unique coffee and ice cream shop. A 2002 Concept Site Plan, provided when we purchased our home in the neighbor- hood, designated this location as office/retail. The current permit, however, zones the location for office/ professional. We request an amendment to the special use permit to zone the location as office/retail. We believe Liberty House Cafe & Creamery, housed in this location, will provide a measurable value to the neighborhood and greater Stillwater community. It is entirely in keeping with the original intent of the General Development Plan to create a "walkable" neighborhood with a variety of retail businesses that provide opportunities for daily enjoyment of the residents as well as a unique destination for residents of the greater Stillwater area. Construction of the building at 145 New England Place is already complete. The building is owned by Liberty Property Management LLC. American Classic Homes occupies the second floor with 2,000 sqft. Liberty House Cafe & Creamery intends to lease and occupy the main floor of the building. Total square footage of this leased space is 1600 sqft, including two finished ADA bathrooms. The Concept The impetus for the Liberty House Cafe & Creamery comes in response to the desire for neighborhood - based businesses that build relationships and a sense of community. The atmosphere at Liberty House Cafe & Creamery will be warm and inviting, evoking feelings of a safer, simpler time when proprietors knew the people they were serving and did so with a smile and genuine care. The interior will feature wood floors, creamy white woodwork and warm, gentle colors. A fireplace with comfortably upholstered chairs, will provide a cozy place to chat over a cup of coffee. A children's corner will feature old-fashioned toys and painted, child -friendly furniture. The soda fountain will have the feel of an upscale 1930's drugstore, like "Mr. Gower's" in It's a Wonderful Life, with glass jars of colorful sprinkles and toppings beautifully displayed on the back counter. The idea is to create a sense of wonder and anticipation for children and grown-ups alike. Liberty House Cafe & Creamery will provide a refined, old-fashioned gathering place that captures the ambience of Stillwater and Liberty Village: small-town living and the comfort of life at a slower pace. Liberty House Cafe & Creamery will feature a highly focused menu limited to specialty coffee & tea, cakes & pastries, and homemade ice cream & soda fountain drinks. Seating will be limited to 16. This will not be a sit down restaurant. No food is planned. The number of employees will average 3-4 per shift. The landscape plan for the building has been previously approved. We request a modest variation to allow a park bench on each side of the front entrance to the building and two small tables on the paved area at the northwest side of the building. We believe these additions to the landscape plan will create a welcoming environment for the front entrance. The building at 145 New England PI. is essential to fulfilling the concept: In keeping with the cozy, homelike atmosphere of the shop, the physical structure resembles a freestanding home, rather than a commercial building. The early colonial white -washed exterior simply looks like a "Liberty House." Liberty House Cafe & Creamery Hours of Operation Hours: Mon - Thurs 6 a.m. - 6:00 p.m., Fri - Sat 6 a.m. - 9:00 p.m. Closed Sunday Ext. Summer Hours: Mon - Sat 6 a.m. - 9:00 p.m., Sunday 9:00 a.m. - 6:00 p.m. Parking The site currently includes 14 dedicated parking spaces, including one disabled parking space. In addition there are 19 on -street spaces within close proximity to the building. There is also additional off-street parking planned north of the building to be shared with sites currently under development. A typical retail ratio for parking stipulates 5 parking spaces per 1000 sQ ft. Therefore 1600 sqft of retail space calls for 8 dedicated spaces. With a typical office ratio for parking of 3 spaces per 1000 sqft, the office space occu- pied by American Classic Homes calls for 6 dedicated spaces. This brings the total required to 14 dedicated spaces. The existing 14 dedicated spaces therefore fulfill the requirements for the typical ratios. Founders The shop will be managed by the principles, Salvatore Rosa and Mary E. Rosa. Salvatore Rosa has over 20years culinary and management experience in the food and beverage industry. He also serves as President on the Master Board of Directors of the Liberty on the Lake Homeowners Association. Mary Rosa has I3years experience teaching English Literature at a local university. Previous to teaching, she worked in graphic design, marketing, and advertising, and continues to free-lance in those areas. Salvatore Rosa, a native of Italy and Mary Rosa, a native of Wisconsin, met while walking through a city square in London I8years ago. After surviving threeyears of long separations and successfully mastering the gauntlet that is U.S. Immigration, they married in 1990. They learnedyoung the power of patience and perseverance, but they have never forgotten the powerful message of their incredible meeting: Trustyour instincts and embrace each opportunity as a miracle to be cherished and nurtured. The opportunity to operate the Liberty House Cafe & Creamery in the neighborhood in which they live and are raising their daughter is one such "miracle." And it comes at a time when the founders are extremely well -prepared and committed to making it a great success. With its owners already invested in the neighborhood and the city of Stillwater, Liberty House Cafe & Creamery will also model a commitment to generosity of spirit and social responsibility in its relationships with customers, staff and the community. Resident Support Included in this application is a petition signed by over one hundred Liberty -on -the -Lake residents who support the use of the building at 145 New England Place for the Liberty House Cafe & Creamery. Without exception, residents stated they preferred that this particular site with its clear view and easy access to Liberty Square be used for retail rather than office space, thereby increasing the number of outlets for daily enjoyment within Liberty Village. We thankyou mst_resRectfully foryour consideration of this amendment and kindly requestyour support. Salvatore and Mary Rosa 673 Eben Ct Stillwater, MN 55082 651-439-4309 N EI N il NEO Emu 1-0 1:1* CD> PROPOS D CA C BASIN ( 0S66 A5 LIMED) ,T- EX ST EXIST CATCH STREET BASIN LIGHT EX ST CATCH BASIN 4 vAN ACCESSASLE PARKING STALL 0 WD STALLS \9 0 SGAI F INFORMATION FOR THIS SITE PLAN WAS TAKEN FROM THE DEVELOPMENT PLANS PREPARED BY WESTWOOD PROFESSIONAL SEVICES INC 15SS ANAGRAM DRIVE EDEN PRAIRIE MN 55344 EXISTING SPOT ELEVATION FROM DEVELOPMENT GRADING PLAN PROPOSED SPOT ELEVATION PROPOSED TOP OF CURB SPOT ELEVATION 10 EX ST IRE TDRANT 20 30 (a/ J 4 IH On (0 in Z r Z 4 E 61 OC ril W 4 i- 4 - A I~ x An 4 W LL u 4 J W T IF irk Z 6' O g 0 } _ W m a J m v 333 O p r . 3 � a m D ➢ I0 mQO 0 0 L Pa 0 0 :O..a .moc§Pa9 61.F D31 .1 as a _ w ao, u mD oTa • g $S a m S sOl O �P $P 2a RESIDENCE OF A C H OFFICE BUILDING ADDRESS 145 NEW ENGLAND PLACE STILLWATER MN 55082 LOT BLOCK NEIGHBORHOOD 6 I LIBERTY 3RD ADDITION SQUARE FOOTAGE LOWER LEVEL MAIN LEVEL UPPER LEVEL GARAGE PORCH DECK JOB NUMBER DATE DRAWN 1/14/04 DRAWN BY TJJ RELEASE DATE B/9/04 REVISION DATE PAGE o '. SHEET TITLE BITE/GRADING PLAN 0 03 0 0 4-0 // // / ////� //% / , L / / / / //////// / \ AN CCESS1BLE P PK NC ST 9'-0' AR I G ST LL TYPICAL \ / / / / / / \ /// � / / /\ / /� / is // '/ // \\ / / // / // \ / / // / \ // / / / // /\ 3 -r•/ /A/ ////// % / / /// /// // \ //// / K 7/ / / 7 -0 / O TENANT SPACE EEO (BUILD OUT FOR TENANT SPACE SHALL BE SSUED AS SEPARATE PERMIT SUBMITTAL) O A/C ¢ONO RIPT r NC O A/C CO D PROVIDE 3}LAYERS i TYPE X GYPSUM BARD OVER 1 i STEEL STUDS 00 B THICK Al FOUR CORNERS �TH RUNNER TRACK TOP AND OTTOM INSTALLED AS PER BC TABLE 719 1 7 3 Al INTERIOR STEEL PIPE COLUMNS (3 THUS) O 7 —0 10 —9 B —6 O O 7 —0 10 9 TO PROP LINE WORK POINT 3 Fpi 7 5 1/4 A 2 AFTER HOURS F OSE ALL PCKUP BOK B B LOCK 0M NATION 6 —5 1/4 STAIR AC 1 A 3 -3 1/2 \ 11 —7 1/4 TRASH/RECYCL NC ENCLOSURE STORAGE 11061 5 1/2 — Ei FURNACE RO H P PE al t I �1 fii _I!)-3 2-6 1 7 -B HALLWAY 11101 WO ENS 01 3 7 1/2 RESTROO NIL B 11 PROPERTY UNE 3 —10 1/4 LOBBY VESTIBULE Cal AR INTAKE VENT RRC TIO 3fi HIGH HANDRAIL AS DESIGNNDM IN TENANCD ABUILDDOCUOUT ENTED N. EACH SD= OF STAIR 4 —0 3/ 0 0 BRICK VENEER BASE SILL BELOW SEE A7 0 FOR ADD T10NAL NFORMAT ON BRICK VENEER CLAD KNEEWALL SEE A7 0 FOR ADDITIONAL INFORMATION 39 1/2 HT 2% WALL PROVIDE MOUNTING BLOCKING BEHIND ALL ADA HANDRAILS AND WALL FIXTURES PARTIAL SITEAIAIN LEVEL FLOOR PLAN s emAre rt NOTE SEE BUILDING ELEVATIONS FOR ADD_ BUILDING UGHTING LOCATIONS 0 1YP CAL STAIR CONSTRUCTION PREFABRICATED P RTICLE BOARD STAR TREADS ND RISERS OVER 2X12 STR GERS T S DE A 1D 16 OC A% MUM PROVIDE TRUCTURAL LOOK SHEATH NG 0 ER 2X8 JOISTS ID 16 OC AX MUM AT ST R 1 LAND NC WALL CONSTRUCTION TYPES EXTERIOR WALL TYPE 1 SEE BUILDING ELEVAT ORS FOR EXTERIOR FIN SH MATERI LS CONT NUOUS BUILDING WRAP OVER 1 E%TER OR PPROVED STRUCTURAL WALL SHEATHING A D 2%6 WOOD STUD FRAMING AT 6 OC MAXIMUM PROVIDE R-19 BATTE INSULATION FLL IN STUD SPACE WITH CONTINUOUS 6 MI. POLYETHYLENE VAPOR RETARDER ON INTERIOR SIDE 01 INSULATION SEAL ALL TERMINATIONS/PENETRAT DNS AND PROVIDE W ND W SH NCLOSURES AT ALL ELECTRICAL AND LOW VOLTAGE DEVICE LOCATIONS IN EXTERIOR WALL PROVIDE 3 GYPSUM BOARD SUBSTRATE W TH FINISH AS PER TENANT BUILD —OUT ROOM FINISH SCHEDULE AT INTER OR SIDE OF WALL V E%TER OR WALL TYPE 2 SEE BUILDING ELEVATIONS FOR E%TER OR FINISH MATERIALS CONT NUOUS BUILDING WRAP OVER E%TER OR APPROVED STRUCTURAL WALL SHEATHING AND 2X4 WOOD STUD FRAM NG O 6 OC MAXIMUM INTER OR WALL TYPE 1 3 1 LIGHT GAUGE METAL FRAM NG AT 16 OC MAX MUM PROVIDE 3 GYPSUM BOARD (i TILE BACKER BOARD 0 T LED AREAS) W/ F NISH AS PER TENANT BUILD OUT ROOM F NISH SCHEDULE EACH SIDE OF WALL PROVIDE 1—LAYER TYPE X GYPSUM BOARD AT 1 HOUR RATED WALL LOCATIONS PROVIDE 2 LAYERS TYPE X GYPSUM BOARD AT 2 HOUR RATED CONSTRUCTION (AC) DENOTES ACOUSTICAL WALL TYPE WITH FIBERGLASS SOUND ATTENUAT ON BATT NSULATION FILL N STUD CAVITY AC NTERIOR WALL TYPE 2 2 6 WOOD STUD FRAMING AT 16 OC MAXIMUM PROVIDE 3 GYPSUM BOARD (j TILE BACKER BOARD 0 T LED AREAS) W/ FINISH AS PER TENANT BUILD OUT ROOM FNISH SCHEDULE EACH SIDE OF WALL PROVIDE 1 LAYER TYPE X GYPSUM BOARD AT 1 HR RATED WALL LOCATIONS PROVIDE 2 LAYERS TYPE—% G PSUM BOARD Ai 2 HR RATED WALL CONSTRUCTION (AC) DENOTES ACOUSTICAL WALL TYPE WITH FIBERGLASS SOUND ATTENUATION BATT INSULATION FILL IN STUD CAVITY AC ' INTERIOR WALLTYPE 3 4 LIGHT GAUGE METAL FRAM NG AT 16 OC MA%IMUM PROVIDE 3 GYPSUM BOARD (1 TILE BACKER BOARD 0 TLED AREAS) W/ FINISH AS PER TENANT BUILD OUT ROOM FINISH SCHEDULE EACH SIDE OF WALL PROVIDE I —LAYER TYPE X GYPSUM BOARD AT 1 HOUR WALL CONSTRUCTION PROVIDE 2 LAYERS TYPE—X GYPSUM BOARD AT 2 HOUR WALL CONSTRUCTION (AC) DENOTES ACOUSTICAL WALL TYPE WITH FIBERGLASS SOUND ATTENUATION BAIT INSULATION FILL IN STUD CAVITY W AC SHAFT WALL TYPE 1 HOUR RATED ASSEMBLY WITH 4 METAL SHAFT WALL STUD WITH 1 GYPSUM BOARD SHAFT LINER AND TYPE X GYPSUM BOARD EXTERIOR FACE WITH FINISH AS PER TENANT BUILD OUT ROOM FINISH SCHEDULE PROVIDE CAULKING OF ALL TERMINATIONS AND PENETRATIONS TO MAINTAIN RATING Q ' LARSON BRENNER ARCHITECTS 801 OR FCVR1 SDi I St 1 R [SOT 550E2 leeenm 55 00056 F� 65 39 79 L 50118RE ERO OLCOM Conn on R .mm 0 Des .on 09/22/0 CO STRJC ON PK6 LEvEL 09/21/0, 8E51900 5 51-1E1 5 0/28/0 CONS119UCION /02/0 CU s4RUcn0N Dot 07/09/04 Comm eon Dram DAD e6 erll t 11 pps wee tur n !WI preoored by m a under my deect super ern and I m m 1 r rased lecl mot Reg 1 ton PT pet Tt AMERICAN CLASSIC HOMES LIBERTY VILLAGE OFFICE BULDING Suet TI PARTIAL SITE/ MAIN LEVEL FLOOR PLAN Sheet N m6er A2.OR CIO KtYtU tLLVH I IUN NU I tb TRUSS BEAR NG (SEE 933 OR/EXCEP ON) WINDOW H AD R 0 �\ EL 931 3/4 �Y� ) TOP OF SHE TH NG EL 92 3 1/ TRUSS BEARING EL 92 3 1/ WINDOW HEAD R O EL 920 7 /2 OWES�T ELEvATION LI TRUSS BEARING EL 933 3 7/8 (SEE A4 1 FOR EXCEP WINDOW HEAD R 0 EL 931 4 3/4 TOP OF SHEATHING EL 924 3 1/4 TRUSS BEARING EL 92 3 1/4 WINDOW HEAD R 0 EL 920 7 1/2 OSOtlTH ELEvATIGN ON) 5 1/ 0 00 O 0 0 0 O IL 10 O u6 1 III III �- III III O O 0 w S GN • 4 O (� D) I12 ai lug dri, lei O V Y EH O EM MN INN 0 0 7 AC4NJSSIC i161Z1ES 17 01 ASPHALT SHINGLE ROOFING GAF TIMBERLINE 0 LAMINAT 0 F D RGIASS ASPHALT SHINGLES IN COLOR S SELECTED BY OW !ER OVER 30 LB BUILDING PAP R WITH CONT NUOUS ICE & WATER BARRIER LONG ROOF EDGE AND FULL I- EIGHT N VALL YS PROV DE PREFIN SLED METAL VALLEY F_ASHINGS S DE ALL 410501NGS AND ROOF PENS RATIO FLASNINGS PROVIDE CONTINUOUS WEATHER RESISTANT RIDGE VENTS 02 EAVE FACIA CONSTRUCTION )X8 CO P0511E TRM OVER 2X8 SUBFACIA WITH X12 COMPO ITS TRM FRI ZE BOARD 1=> RAKE ACI CONSTRUCTION }X8 CO POSITS TRIM OVER 2X8 SUBFACA WIT )X12 COMPOS TE TRM FRIEZE BOARD 0� CORNER TRI CONSTRUCTO 5X W TH (X3 COMPOSITE COR ER TRIM BOARDS E> PORCH CEILING BEAD 0 BOARD W TM N TURAL STAIN FINISH 1=> LAP SIDING J MES HARD E BUILDING PRODUCTS HAROIPLANK SELECT CEDARMILL LAP S D G WITH 5 EXPOSUR 07 PORCH FRIEZE TR M CONSTRUCTION JAM S HARDIE BU LOING PRODUC S AROITRIM HLD TRIM OVER ARDIPANEL SIDING SEE 7 0 FOR TRIM SIZ NG A D PROF LE OB COLUMN CLAIM C BUILT UP SMOOTH CEDAR COLD N CLAD) NG MTER ND BISCUIT JOIN OUTSIDE CORNERS w/ P INT FINISH SEE A7 0 FOR DOH ONAL DET L NFO E> EVER OR ENTR NC DOORS KLM CLAD WOOD DOORS SEE DOOR SCHEDULE [ff.> wNDDws ANDERSEN CLAD WOOD WINDOWS WITH SIMULATED DV1DED CITES S E WINDOW SCHEDULE 11 W NDOW/DOOR TRIM ix COMPOS TE JAMB TRIM WITH 9%6 HEAD TRIM (AND 6X2 SILL TRIM AT W NDOWS) 12 BRICK WATERCOURSE GLEN GERRY BRICK ABERDEEN PAPERCUT SERIES MODULAR FACE BRICK VENEER WITH SLOPED HEADER COURSE SILL CAP PROVIDE PINTLE—TYPE BRICK NCHDRS AT 16 OC ALONG SLL CAP AND 16 OC EACH WAY IN FIELD BELOW SEE A7 0 FOR ADDITIONAL INFORMATION 1} CH MNEY CLADD NG GLEN GERRY BRICK ABERDEEN PAPERCUT SERIES MODULAR FACE BRICK VENEER WITH SLOPED HEADER COURSE SILL CAP PROVIDE PINTLE—TYPE BRICK ANCHORS AT 16 OC EACH WAY IN FIELD AWNING FABRIC AWN NG OVER ALUM NUM STRUCTURAL FRAME AWNING DESIGN AND FABRICATION SHALL BE BY DESIGN/BUILD WITH OWNER AND FABR CATOR 1$ EXTERIOR LIGHT FIXTURE FOR SIGNS TREND LIGHTING OD B2 WALL ARM WITH A13 SHADE PROVIDE NCANDESCENT LAMPING SMALL CLEAR JAR GLASS VAPOR TIGHT ENCLOSURE WH TE ARM AND SHADE FINISH SIGNAGE SIGN WITH BRACKET/LIGHT FIXTURE BY OWNER SIGNAGE DESIGN TEXT AND FONT SHALL BE SUBMITTED FOR APPPROVAL WITH BUILDING OWNER BUILD OUT PERMIT SUBMITTAL 17 SIGNAGE FIAT BLACK RAISED LETTER SIGNAGE OVER PLAT PANEL TEXT AND FONT SHALL BE SUBMITTED FOR APPROVAL WITH TENANT BUILD —OUT PERMIT SUBM TTAL FOR BUILDING OWNER AND MAIN LEVEL TENANT ig REFUSE/RECYCLING ENCLOSURE 5 HIGH RAIL AND PICKET FENCING WITH SW NG GATES => CONDENSING UNIT SCREEN 3 6 HIGH RAIL AND PICKET FENCING 20 FLAT PANEL SIDING FINISH 1X WITH IX3 COMPOSITE OUTSIDE CORNER TRIM BOARDS AND IX4 INSIDE CORNER TRIM BOARDS OVER JAMES HARDIE BUILDING PRODUCTS HARDIPANEL SIDING PROVIDE (X8 COMPOSITE HORIZONTAL TRIM BOARD AT UNDERSIDE OF WINDOW SILL IN LIEU OF TYPICAL WINDOW SILL TRIM 21 DORMER RAKE/SAVE FACIA TRIM }X5 COMPOSITE TRIM OVER 2X4 SUBFACIA 17> DORMER FACE IX_ COMPOSITE TRIM CUT TO PROFILE OF DORMER FACE => EXTERIOR LIGHT FIXTURE TREND LIGHTING OD B2 WALL ARM WITH A27 SHADE PROVIDE INCANDESCENT LAMPING SMALL CLEAR JAR CLASS VAPOR TIGHT ENCLOSURE WHITE ARM AND SHADE FINISH LARSON BRENNER ARCHITECTS .A1 DRI FOUR S REE SILL IER ES01 5082 mon 65 30 0056 65 39 79 E mo RSdd6R RO40LCO4 5.1 0 Ono O m A 09/22/04 C0N51RUC ON PXG /02/04 CO STRUCPON PI6G DM 07/09/04 Comm son Ora. D A D I hereby of 6y t t 1 on ono F t0n mot 05 Pepoed y me o Roder m Sect supervfson on I ra duly rased N tool der I I t sat Swot Re95 lam Pr got ill AMERICAN CLASSIC HOMES LIBERTY VILLAGE OFFICE BULDING Shoo T EXTERIOR ELEVATIONS Am N moor A3.OR 00 KIYtU ILtVH I IUN NU I tb TRUSS BEARINGEL 3 (SEE A33 8 1 FOR /EXCEPTION) wRIDOW HEAD R D EL 931 3/ TOP OF SH ATH NG /1\ EL 92 3 1/ v TRUSS BEAR G EL 92 3 1/ W NDOW HEAD R 0 /� EL 920 7 /2 v OEAST ELEVATION vs re TOP OF SLAB O EL 912 5 TRUSS BEARING EL 933 3 7/8 (SEE A4 1 FOR EXCEP ON) WINDOW HEAD R 0 EL 931 4 3/4 TOP OF SHEATHING EL 924 3 1/4 TRUSS BEARING EL 92 3 1/4 WINDOW HEAD R 0 EL 920 7 1/2 °NORTH ELEVATION TOP OF SLAB EL 912 6 00 am 4 E> ASP ALT SH NGLE ROOFI G G F IMB RUNE 0 LAMINATED FIBERGLASS ASPHALT SH GLES N COLOR AS SELECTED BY OWNER OVER 30 LB BUILD NG PAPER WITH CO\TRIUOUS ICE & W TER BARRIER ALONG ROOF EDG AND FULL H CHI IN VALLP S PRO IDE PREFINISHED METAL V LL1' FLASH NGS SID W LL FLASHINCS AND ROOF P N TRATION FLASH NG PROVID CO TINUOUS WEATH R R SIST NT RIDGE ENTS U2 EAVE FACIA CONSTRUCT ON X8 COMPOSITE TRIM 0 ER 2X8 SUBFACA WITH iX12 COMPOSITE TRM FRIEZE BOARD Li> RAKE FACIA CONSTRUCTIO ix8 CO POSITE TRIM OVER 2X8 SUBFACI WITH iX12 COMPOSITE TRIM FREZE BOARD 04 CORNER TR CONSTRUCT ON 5x WITH 5X3 COMPOSITE COR ER TRM BOARDS E> PORCH C LING BEADED BOARD WIT NATURAL STAIN FIN SH E> LAP SIDI G J M HARDIE BUILD NG PRODUCTS HARDIP,ANK SELECT CEDARMILL LAP IDING wTH 5 EXPOSURE 07 PORCH FRI ZE TRM CONSTRUCTION JAMES ARDIE BUILDING PRODUCTS H RDITR M HLD TRM OVER HARD PAN L S DING SEE A7 0 FOR 7R1 SIZI G D PROF LE U8 COLU N IADO NG BUILT UP SMOOTH CEO R COLUMN CLADDING MIT R AND BISCU T JOIN OUTSIDE CORNERS w/ P INT F NIS SEE A7 0 DR ADDITIONAL CET IL INFO 09 EXTERIOR ENTRANCE DOORS KLM CLAD WOOD DOORS SEE DOOR SCHEDULE E> WINDOWS NDERSE CLAD WOOD WINDOWS WITH S MULATED DIVIDED LITES SEE w NDOW SCHEDULE 11 WINDOW/DOOR TR M iX CO POSITS JAMB TRIM WITH iX6 HEAD TR In (AND iX2 SILL TRIM AT WINDOWS) 12 BRICK w TERCOURSE GLEN GERRY BRCK ABERDEEN PAPERCUT SERIES MODULAR FACE BRICK VENEER WITH SLOPED HEADER COURSE S LL CAP PROVIDE PINTLE TYPE BRICK ANCHORS AT 16 DC ALONG SILL CAP AND 16 OC EACH WA IN FIELD BELOW SEE A7 0 FOR ADDITIONAL INFORMATION => CHIMNEY CLADDING GLEN GERRY BRICK ABERDEEN PAPERCUT SERIES MODULAR FACE BRICK VENEER WITH SLOPED HEADER COURSE SILL CAP PROVIDE PINTLE TYPE BRICK ANCHORS AT 16 DC EACH WAY IN FIELD AWNING FABRIC AWNING OVER ALUMINUM STRUCTURAL FRAME AWNING DESIGN AND FABRICATION SHALL BE BY DESIGN/BUILD WITH OWNER AND FABRICATOR 15 EXTERIOR LIGHT FIXTURE FOR SIGNS TREND LIGHTING 0D B2 WALL ARM WITH A13 SHADE PROVIDE INCANDESCENT LAMPING SMALL CLEAR JAR GLASS VAPOR TIGHT ENCLOSURE WHITE ARM AND SHADE FINISH 16 SIGNAGE SIGN WITH BRACKET/LIGHT FIXTURE BY OWNER SIGNAGE DESIGN TEXT AND FONT SHALL BE SUBMITTED FOR APPPROVAL WITH BUILDING OWNER BUILD OUT PERMIT SUBMITTAL E> SIGNAGE FLAT BLACK RAISED LETTER SIGNAGE OVER PUT PANEL TEXT AND FONT SHALL BE SUBMITTED FOR APPROVAL W TH TENANT BUILD —OUT PERMIT SUBMITTAL FOR BUILDING OWNER AND MAIN LEVEL TENANT E> REFUSE/RECYCLING ENCLOSURE 5 HIGH RAIL AND PICKET FENCING WITH SWING GATES 1=5. CONDENSING UNIT SCREEN 3 —5 HIGH RAIL AND PICKET FENCING E> FLAT PANEL S DING FINISH 1X4 WITH 103 COMPOSITE OUTSIDE CORNER TRIM BOARDS AND 1X4 INSIDE CORNER TRIM BOARDS OVER JAMES HARDIE BUILDING PRODUCTS HARDIPANEL SIDING PROVIDE 1X8 COMPOSITE HORIZONTAL TR M BOARD AT UNDERSIDE OF WINDOW SILL IN LIEU OF TYPICAL W NDOW SILL TR M 21 DORMER RAKE/EAVE FACIA TRIM iX5 COMPOSITE TRIM OVER 2X4 SUBFACIA 22 DORMER FACE IX_ COMPOSITE TRIM CUT TO PROFILE OF DORMER FACE 23 EXTERIOR LIGHT FIXTURE TREND LIGHTING OD B2 WALL ARM WITH A27 SHADE PROVIDE INCANDESCENT CAMPING SMALL CLEAR JAR GLASS VAPOR TIGHT ENCLOSURE WHITE ARM AND SHADE FINISH LARSON BRENNER ARCHITECTS B07 ORI FWR1 STREET 5ILL TER E50 55092 Ideo on 65 300056 f m 55 39 79 ARK, BRE ER® OL COM C wIon R D Des hen Q 09/22/0. 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REVISIONS We the undersigned residents of Liberty On the Lake support a zoning variance to allow Liberty House Cafe & Creamery to operate a coffee and ice cream shop at 145 New England Place Name 72 ti,e,„r,hzr% 6A,ea.71 a,0 w K Cf7k ,Jiiyu‘a\ 6 Address ? 5J 53o eb,r,, d(.4 `1 4 .� („Acs eY C re�e rj L2-4 veer) 67YEevNCo' , (Cooly -FA R) 23,1 eoLL n-M P.,1 5 4s E 4-/\/ (+ 54 E 6 5t E Eh C j 5y0 F !SE J cr 1 We the undersigned residents of Liberty On the Lake support a zoning variance to allow Liberty House Cafe & Creamery to operate a coffee and ice cream shop at 145 New England Place : Address p-ut-q(Le.(-6-v-I9- )a R Lt k rc i c.,k_4,.-f-Dic' & 4 L).9 (Lc( c-31 &k. l 5 1 L..S \4.`,) /Si 4 AxAArdA7 laI1 Pine Trot T4/6/s- / // I Li 7 I „of. L ✓1 7 We the undersigned residents of Liberty On the Lake support a zoning variance to allow Liberty House Cafe & Creamery to operate a coffee and ice cream shop at 145 New England Place : Name LJ YT e)e-C-Go ILtiA�� kiliiic„, Address 43, Fd &J Cr J ✓�C J S /l.yj, ( v v. gay 35 3 3 -i iJtt 4 We the undersigned residents of Liberty On the Lake support a zoning variance to allow Liberty House Cafe & Creamery to operate a coffee and ice cream shop at 145 New England Place: /61eurimcii2,-o— Address t-tc--)C\rtcseire-e L-1 q(l *roesrcet 4-57f re/A7 1102 / es -I e ter 6 r 30( '7:frk- :6)') b4.W160/1 1-1-60 I We the undersigned residents of Liberty On the Lake support a zoning variance to allow Liberty House Cafe & Creamery to operate a coffee and ice cream shop at 145 New England Place : Name r- &/ k -1, Address 6 " .71i 3(0'15 Afwv)51r-,4 NVJAL‘,L, 3 0 e --e cGr-S' (17 C 3 ei e Heme,a,,( (f...2 C6 Li' 7 We the undersigned residents of Liberty On the Lake support a zoning variance to allow Liberty House Cafe & Creamery to operate a coffee and ice cream shop at 145 New England Place Name t- 1\ 0 n� 0`611� Address 3bt 21El( 5111��a 110 LIh47r3y ParhAxii 13 Co Lu vtv le7( 301 C'nduvd-1,1q-k) (sq ( We the undersigned residents of Liberty On the Lake support a zoning variance to allow Liberty House Cafe & Creamery to operate a coffee and ice cream shop at 145 New England Place Name Address { �L �- � ���j C L/L i4A lr4 ���(/ II 1 111 IVY -40 co Cafe .:. Creamery 11111101 1 1 April 2005 This proposal (copy # 9) contains proprietary and confidential information belonging exclusively to Liberty House Cafe & Creamery. Principals: Salvatore & Mary Rosa Phone: 651-439-4309 763-350-2519 cell 1 heater. THE BIRTHPLACE OF MINNESOTA CITY OF STILLWATER PLANNING COMMISSION NOTICE OF MEETING The City of Stillwater Planning Commission will meet on Monday, May 9, 2005, at 7 p m in the Council Chambers of Stillwater City Hall, 216 North Fourth Street AGENDA 1 Case No V/05-11 A variance to construct a single family residence on an existing substandard lot and a variance to slope setback requirements located at 2015 Lake Street in the RB, Two Family Residential District, Flood Plain and the Bluffland/Shoreland District Dan Thurmes, representing Tony Kirschbaum, applicant Continued from April 11, 2005 Planning Commission Meeting 2 Case No V/05-15 A variance to side yard setback (5 feet required, 2 5 feet requested) and to the rear yard setback (25 feet required, 2 2 feet requested) for the construction of a garage and addition located at 1018 S 2"d Street in the RB, Two Family Residential District Dennis Gruber, applicant 3 Case No SUP/05-16 A special use permit for a coffee and ice cream shop located at 145 New England Place in the VC, Village Commercial District Salvatore and Mary Rosa, applicants 4 Case No SUB/V/05-17 A resubdivision of Lots 10 and 12, Blk 1 Greeley and Slaughter's Addition into two lots Lot 10 - 6,462 5 square feet and Lot 12 - 6,447 5 square feet and a variance to the lot size (7,500 square feet required) in the RB, Two Family Residential District Jon and Danette Mulack, applicants 5 Case No V/05-18 A variance to the front yard setback (30 feet required, 12 feet requested) for the construction of a porch located at 1224 3rd Avenue South in the RB, Two Family Residential District Jamie Stoudt, applicant 6 Case No V/05-19 A variance to the lot size regulations (7,500 square feet required) for the construction of a one -car garage on a 5,250 square foot lot located at 509 West Laurel in the RB, Two Family Residential District Sheila Martin, applicant CITY HALL 216 NORTH FOURTH STILLWATER MINNESOTA 55082 PHONE 651-430-8800 7 Case No V/05-20 A variance to the parking regulations for a restaurant located at 1501 Stillwater Blvd in the BP-C, Business Park Commercial District Juha Thau, applicant 8 Case No V/05-21 A variance to the front yard setback (30 feet required, 27' 6" requested) for the extension of a front porch located at 2401 Creekside Court in the RA, Single Family Residential District Lance Thomas, applicant 9 Case No V/05-22 A variance to the lot size regulations (7,500 square feet required, 6,600 square feet requested) for the construction of a residence located at 1217 Fourth Avenue South in the RB, Two Family Residential District Kevin Grube, applicant 10 Case No V/05-23 A variance to the sign regulations for an additional sign located at 1701 Curve Crest Blvd in the BP-O, Business Park Office District Mohagen Hansen Architecture, representing St Croix Orthopaedics, applicant Other Items Transition Area, Agricultural Preservation Study Request for building design approval of building plans for Cove Traditional lots, settlers Glen iliwater THE BIRTHPLACE OF MINNESOTA CITY OF STILLWATER PLANNING COMMISSION NOTICE OF MEETING The City of Stillwater Planning Commission will meet on Monday, May 9, 2005, at 7 p m in the Council Chambers of Stillwater City Hall, 216 North Fourth Street AGENDA 1 Case No V/05-11 A variance to construct a single family residence on an existing substandard lot and a variance to slope setback requirements located at 2015 Lake Street in the RB, Two Family Residential District, Flood Plain and the Bluffland/Shoreland District Dan Thurmes, representing Tony Kirschbaum, applicant Continued from April 11, 2005 Planning Commission Meeting 2 Case No V/05-15 A variance to side yard setback (5 feet required, 2 5 feet requested) and to the rear yard setback (25 feet required, 2 2 feet requested) for the construction of a garage and addition located at 1018 S 2nd Street in the RB, Two Family Residential District Dennis Gruber, applicant 3 Case No SUP/05-16 A special use permit for a coffee and ice cream shop located at 145 New England Place in the VC, Village Commercial District Salvatore and Mary Rosa, applicants 4 Case No SUB/V/05-17 A resubdivision of Lots 10 and 12, Blk 1 Greeley and Slaughter's Addition into two lots Lot 10 - 6,462 5 square feet and Lot 12 - 6,447 5 square feet and a variance to the lot size (7,500 square feet required) in the RB, Two Family Residential District Jon and Danette Mulack, applicants 5 Case No V/05-18 A variance to the front yard setback (30 feet required, 12 feet requested) for the construction of a porch located at 1224 3' Avenue South in the RB, Two Family Residential District Jamie Stoudt, applicant 6 Case No V/05-19 A variance to the lot size regulations (7,500 square feet required) for the construction of a one -car garage on a 5,250 square foot lot located at 509 West Laurel in the RB, Two Family Residential District Sheila Martin, applicant CITY HALL 216 NORTH FOURTH STILLWATER, MINNESOTA 55082 PHONE 651-430-8800 7 Case No V/05-20 A variance to the parking regulations for a restaurant located at 1501 Stillwater Blvd in the BP-C, Business Park Commercial District Juha Thau, applicant 8 Case No V/05-21 A variance to the front yard setback (30 feet required, 27' 6" requested) for the extension of a front porch located at 2401 Creekside Court in the RA, Single Family Residential District Lance Thomas, applicant 9 Case No V/05-22 A variance to the lot size regulations (7,500 square feet required, 6,600 square feet requested) for the construction of a residence located at 1217 Fourth Avenue South in the RB, Two Family Residential District Kevin Grube, applicant 10 Case No V/05-23 A variance to the sign regulations for an additional sign located at 1701 Curve Crest Blvd in the BP-0, Business Park Office District Mohagen Hansen Architecture, representing St Croix Orthopaedics, applicant Other Items Transition Area, Agricultural Preservation Study Request for building design approval of building plans for Cove Traditional lots, settlers Glen THE BIRTHPLACE OF MINNESOTA CITY OF STILLWATER PLANNING COMMISSION NOTICE OF MEETING The City of Stillwater Planning Commission will meet on Monday, May 9, 2005, at 7 p m in the Council Chambers of Stillwater City Hall, 216 North Fourth Street AGENDA 1 Case No V/05-11 A variance to construct a single family residence on an existing substandard lot and a variance to slope setback requirements located at 2015 Lake Street in the RB, Two Family Residential District, Flood Plain and the Bluffland/Shoreland District Dan Thurmes, representing Tony Kirschbaum, applicant Continued from April 11, 2005 Planning Commission Meeting 2 Case No V/05-15 A variance to side yard setback (5 feet required, 2 5 feet requested) and to the rear yard setback (25 feet required, 2 2 feet requested) for the construction of a garage and addition located at 1018 S 2nd Street in the RB, Two Family Residential District Dennis Gruber, applicant 3 Case No SUP/05-16 A special use permit for a coffee and ice cream shop located at 145 New England Place in the VC, Village Commercial District Salvatore and Mary Rosa, applicants 4 Case No SUB/V/05-17 A resubdivision of Lots 10 and 12, Blk 1 Greeley and Slaughter's Addition into two lots Lot 10 - 6,462 5 square feet and Lot 12 - 6,447 5 square feet and a variance to the lot size (7,500 square feet required) in the RB, Two Family Residential District Jon and Danette Mulack, applicants 5 Case No V/05-18 A variance to the front yard setback (30 feet required, 12 feet requested) for the construction of a porch located at 1224 3rd Avenue South in the RB, Two Family Residential District Jamie Stoudt, applicant 6 Case No V/05-19 A variance to the lot size regulations (7,500 square feet required) for the construction of a one -car garage on a 5,250 square foot lot located at 509 West Laurel in the RB, Two Family Residential District Sheila Martin, applicant CITY HALL 216 NORTH FOURTH STILLWATER, MINNESOTA 55082 PHONE 651-430-8800 7 Case No V/05-20 A variance to the parking regulations for a restaurant located at 1501 Stillwater Blvd in the BP-C, Business Park Commercial District Juha Thau, applicant 8 Case No V/05-21 A variance to the front yard setback (30 feet required, 27' 6" requested) for the extension of a front porch located at 2401 Creekside Court in the RA, Single Family Residential District Lance Thomas, applicant 9 Case No V/05-22 A variance to the lot size regulations (7,500 square feet required, 6,600 square feet requested) for the construction of a residence located at 1217 Fourth Avenue South in the RB, Two Family Residential District Kevin Grube, applicant 10 Case No V/05-23 A variance to the sign regulations for an additional sign located at 1701 Curve Crest Blvd in the BP-O, Business Park Office District Mohagen Hansen Architecture, representing St Croix Orthopaedics, applicant Other Items Transition Area, Agricultural Preservation Study Request for building design approval of building plans for Cove Traditional lots, settlers Glen • 1 heater. THE BIRTHPLACE OF MINNESOTA CITY OF STILLWATER PLANNING COMMISSION NOTICE OF MEETING The City of Stillwater Planning Commission will meet on Monday, May 9, 2005, at 7 p m in the Council Chambers of Stillwater City Hall, 216 North Fourth Street AGENDA 1 Case No V/05-11 A variance to construct a single family residence on an existing substandard lot and a variance to slope setback requirements located at 2015 Lake Street in the RB, Two Family Residential District, Flood Plain and the Bluffland/Shoreland District Dan Thurmes, representing Tony Kirschbaum, applicant Continued from April 11, 2005 Planning Commission Meeting 2 Case No V/05-15 A variance to side yard setback (5 feet required, 2 5 feet requested) and to the rear yard setback (25 feet required, 2 2 feet requested) for the construction of a garage and addition located at 1018 S 2nd Street in the RB, Two Family Residential District Dennis Gruber, applicant 3 Case No SUP/05-16 A special use permit for a coffee and ice cream shop located at 145 New England Place in the VC, Village Commercial District Salvatore and Mary Rosa, applicants 4 Case No SUB/V/05-17 A resubdivision of Lots 10 and 12, Blk 1 Greeley and Slaughter's Addition into two Tots Lot 10 - 6,462 5 square feet and Lot 12 - 6,447 5 square feet and a variance to the lot size (7,500 square feet required) in the RB, Two Family Residential District Jon and Danette Mulack, applicants 5 Case No V/05-18 A variance to the front yard setback (30 feet required, 12 feet requested) for the construction of a porch located at 1224 3rd Avenue South in the RB, Two Family Residential District Jamie Stoudt, applicant 6 Case No V/05-19 A variance to the lot size regulations (7,500 square feet required) for the construction of a one -car garage on a 5,250 square foot lot located at 509 West Laurel in the RB, Two Family Residential District Sheila Martin, applicant CITY HALL 216 NORTH FOURTH STILLWATER MINNESOTA 55082 PHONE 651-430 8800 7 Case No V/05-20 A variance to the parking regulations for a restaurant located at 1501 Stillwater Blvd in the BP-C, Business Park Commercial District Juha Thau, applicant 8 Case No V/05-21 A variance to the front yard setback (30 feet required, 27' 6" requested) for the extension of a front porch located at 2401 Creekside Court in the RA, Single Family Residential District Lance Thomas, applicant 9 Case No V/05-22 A variance to the lot size regulations (7,500 square feet required, 6,600 square feet requested) for the construction of a residence located at 1217 Fourth Avenue South in the RB, Two Family Residential District Kevin Grube, applicant 10 Case No V/05-23 A variance to the sign regulations for an additional sign located at 1701 Curve Crest Blvd in the BP-O, Business Park Office District Mohagen Hansen Architecture, representing St Croix Orthopaedics, applicant Other Items Transition Area, Agricultural Preservation Study Request for building design approval of building plans for Cove Traditional lots, settlers Glen THE BIRTHPLACE OF MINNESOTA CITY OF STILLWATER PLANNING COMMISSION NOTICE OF MEETING The City of Stillwater Planning Commission will meet on Monday, May 9, 2005, at 7 p m in the Council Chambers of Stillwater City Hall, 216 North Fourth Street AGENDA 1 Case No V/05-11 A variance to construct a single family residence on an existing substandard lot and a variance to slope setback requirements located at 2015 Lake Street in the RB, Two Family Residential District, Flood Plain and the Bluffland/Shoreland District Dan Thurmes, representing Tony Kirschbaum, applicant Continued from April 11, 2005 Planning Commission Meeting 2 Case No V/05-15 A variance to side yard setback (5 feet required, 2 5 feet requested) and to the rear yard setback (25 feet required, 2 2 feet requested) for the construction of a garage and addition located at 1018 S 2nd Street in the RB, Two Family Residential District Dennis Gruber, applicant 3 Case No SUP/05-16 A special use permit for a coffee and ice cream shop located at 145 New England Place in the VC, Village Commercial District Salvatore and Mary Rosa, applicants 4 Case No SUB/V/05-17 A resubdivision of Lots 10 and 12, Blk 1 Greeley and Slaughter's Addition into two Tots Lot 10 - 6,462 5 square feet and Lot 12 - 6,447 5 square feet and a variance to the lot size (7,500 square feet required) in the RB, Two Family Residential District Jon and Danette Mulack, applicants 5 Case No V/05-18 A variance to the front yard setback (30 feet required, 12 feet requested) for the construction of a porch located at 1224 3rd Avenue South in the RB, Two Family Residential District Jamie Stoudt, applicant 6 Case No V/05-19 A variance to the lot size regulations (7,500 square feet required) for the construction of a one -car garage on a 5,250 square foot lot located at 509 West Laurel in the RB, Two Family Residential District Sheila Martin, applicant CITY HALL 216 NORTH FOURTH STILLWATER, MINNESOTA 55082 PHONE 651-430-8800 7 Case No V/05-20 A variance to the parking regulations for a restaurant located at 1501 Stillwater Blvd in the BP-C, Business Park Commercial District Juha Thau, applicant 8 Case No V/05-21 A variance to the front yard setback (30 feet required, 27' 6" requested) for the extension of a front porch located at 2401 Creekside Court in the RA, Single Family Residential District Lance Thomas, applicant 9 Case No V/05-22 A variance to the lot size regulations (7,500 square feet required, 6,600 square feet requested) for the construction of a residence located at 1217 Fourth Avenue South in the RB, Two Family Residential District Kevin Grube, applicant 10 Case No V/05-23 A variance to the sign regulations for an additional sign located at 1701 Curve Crest Blvd in the BP-O, Business Park Office District Mohagen Hansen Architecture, representing St Croix Orthopaedics, applicant Other Items Transition Area, Agricultural Preservation Study Request for building design approval of building plans for Cove Traditional lots, settlers Glen • I iwater THE BIRTHPLACE OF MINNESOTA CITY OF STILLWATER PLANNING COMMISSION NOTICE OF MEETING The City of Stillwater Planning Commission will meet on Monday, May 9, 2005, at 7 p m in the Council Chambers of Stillwater City Hall, 216 North Fourth Street AGENDA 1 Case No V/05-11 A variance to construct a single family residence on an existing substandard lot and a variance to slope setback requirements located at 2015 Lake Street in the RB, Two Family Residential District, Flood Plain and the Bluffland/Shoreland District Dan Thurmes, representing Tony Kirschbaum, applicant Continued from April 11, 2005 Planning Commission Meeting 2 Case No V/05-15 A variance to side yard setback (5 feet required, 2 5 feet requested) and to the rear yard setback (25 feet required, 2 2 feet requested) for the construction of a garage and addition located at 1018 S 2"d Street in the RB, Two Family Residential District Dennis Gruber, applicant 3 Case No SUP/05-16 A special use permit for a coffee and ice cream shop located at 145 New England Place in the VC, Village Commercial District Salvatore and Mary Rosa, applicants 4 Case No SUB/V/05-17 A resubdivision of Lots 10 and 12, BIk 1 Greeley and Slaughter's Addition into two lots Lot 10 - 6,462 5 square feet and Lot 12 - 6,447 5 square feet and a variance to the lot size (7,500 square feet required) in the RB, Two Family Residential District Jon and Danette Mulack, applicants 5 Case No V/05-18 A variance to the front yard setback (30 feet required, 12 feet requested) for the construction of a porch located at 1224 3rd Avenue South in the RB, Two Family Residential District Jamie Stoudt, applicant 6 Case No V/05-19 A variance to the lot size regulations (7,500 square feet required) for the construction of a one -car garage on a 5,250 square foot lot located at 509 West Laurel in the RB, Two Family Residential District Sheila Martin, applicant CITY HALL 216 NORTH FOURTH STILLWATER, MINNESOTA 55082 PHONE 651-430-8800 7 Case No V/05-20 A variance to the parking regulations for a restaurant located at 1501 Stillwater Blvd in the BP-C, Business Park Commercial District Juha Thau, applicant 8 Case No V/05-21 A variance to the front yard setback (30 feet required, 27' 6" requested) for the extension of a front porch located at 2401 Creekside Court in the RA, Single Family Residential District Lance Thomas, applicant 9 Case No V/05-22 A variance to the lot size regulations (7,500 square feet required, 6,600 square feet requested) for the construction of a residence located at 1217 Fourth Avenue South in the RB, Two Family Residential District Kevin Grube, applicant 10 Case No V/05-23 A variance to the sign regulations for an additional sign located at 1701 Curve Crest Blvd in the BP-O, Business Park Office District Mohagen Hansen Architecture, representing St Croix Orthopaedics, applicant Other Items Transition Area, Agricultural Preservation Study Request for building design approval of building plans for Cove Traditional lots, settlers Glen iliwater -------,.. THE BIRTHPLACE OF MINNESOTA CITY OF STILLWATER PLANNING COMMISSION NOTICE OF MEETING The City of Stillwater Planning Commission will meet on Monday, May 9, 2005, at 7 p m in the Council Chambers of Stillwater City Hall, 216 North Fourth Street AGENDA 1 Case No V/05-11 A variance to construct a single family residence on an existing substandard lot and a variance to slope setback requirements located at 2015 Lake Street in the RB, Two Family Residential District, Flood Plain and the Bluffland/Shoreland District Dan Thurmes, representing Tony Kirschbaum, applicant Continued from April 11, 2005 Planning Commission Meeting 2 Case No V/05-15 A variance to side yard setback (5 feet required, 2 5 feet requested) and to the rear yard setback (25 feet required, 2 2 feet requested) for the construction of a garage and addition located at 1018 S 2nd Street in the RB, Two Family Residential District Dennis Gruber, applicant 3 Case No SUP/05-16 A special use permit for a coffee and ice cream shop located at 145 New England Place in the VC, Village Commercial District Salvatore and Mary Rosa, applicants 4 Case No SUB/V/05-17 A resubdivision of Lots 10 and 12, Blk 1 Greeley and Slaughter's Addition into two lots Lot 10 - 6,462 5 square feet and Lot 12 - 6,447 5 square feet and a variance to the lot size (7,500 square feet required) in the RB, Two Family Residential District Jon and Danette Mulack, applicants 5 Case No V/05-18 A variance to the front yard setback (30 feet required, 12 feet requested) for the construction of a porch located at 1224 3rd Avenue South in the RB, Two Family Residential District Jamie Stoudt, applicant 6 Case No V/05-19 A variance to the lot size regulations (7,500 square feet required) for the construction of a one -car garage on a 5,250 square foot lot located at 509 West Laurel in the RB, Two Family Residential District Sheila Martin, applicant CITY HALL 216 NORTH FOURTH STILLWATER, MINNESOTA 55082 PHONE 651-430-8800 7 Case No V/05-20 A variance to the parking regulations for a restaurant located at 1501 Stillwater Blvd in the BP-C, Business Park Commercial District Juha Thau, applicant 8 Case No V/05-21 A variance to the front yard setback (30 feet required, 27' 6" requested) for the extension of a front porch located at 2401 Creekside Court in the RA, Single Family Residential District Lance Thomas, applicant 9 Case No V/05-22 A variance to the lot size regulations (7,500 square feet required, 6,600 square feet requested) for the construction of a residence located at 1217 Fourth Avenue South in the RB, Two Family Residential District Kevin Grube, applicant 10 Case No V/05-23 A variance to the sign regulations for an additional sign located at 1701 Curve Crest Blvd in the BP-0, Business Park Office District Mohagen Hansen Architecture, representing St Croix Orthopaedics, applicant Other Items Transition Area, Agricultural Preservation Study Request for building design approval of building plans for Cove Traditional lots, settlers Glen • I (water. THE BIRTHPLACE OF MINNESOTA CITY OF STILLWATER PLANNING COMMISSION NOTICE OF MEETING The City of Stillwater Planning Commission will meet on Monday, May 9, 2005, at 7 p m in the Council Chambers of Stillwater City Hall, 216 North Fourth Street AGENDA 1 Case No V/05-11 A variance to construct a single family residence on an existing substandard lot and a variance to slope setback requirements located at 2015 Lake Street in the RB, Two Family Residential District, Flood Plain and the Bluffland/Shoreland District Dan Thurmes, representing Tony Kirschbaum, applicant Continued from April 11, 2005 Planning Commission Meeting 2 Case No V/05-15 A variance to side yard setback (5 feet required, 2 5 feet requested) and to the rear yard setback (25 feet required, 2 2 feet requested) for the construction of a garage and addition located at 1018 S 2nd Street in the RB, Two Family Residential District Dennis Gruber, applicant 3 Case No SUP/05-16 A special use permit for a coffee and ice cream shop located at 145 New England Place in the VC, Village Commercial District Salvatore and Mary Rosa, applicants 4 Case No SUB/V/05-17 A resubdivision of Lots 10 and 12, BIk 1 Greeley and Slaughter's Addition into two Tots Lot 10 - 6,462 5 square feet and Lot 12 - 6,447 5 square feet and a variance to the lot size (7,500 square feet required) in the RB, Two Family Residential District Jon and Danette Mulack, applicants 5 Case No V/05-18 A variance to the front yard setback (30 feet required, 12 feet requested) for the construction of a porch located at 1224 3rd Avenue South in the RB, Two Family Residential District Jamie Stoudt, applicant 6 Case No V/05-19 A variance to the lot size regulations (7,500 square feet required) for the construction of a one -car garage on a 5,250 square foot lot located at 509 West Laurel in the RB, Two Family Residential District Sheila Martin, applicant CITY HALL 216 NORTH FOURTH STILLWATER, MINNESOTA 55082 PHONE 651-430-8800 7 Case No V/05-20 A variance to the parking regulations for a restaurant located at 1501 Stillwater Blvd in the BP-C, Business Park Commercial District Juha Thau, applicant 8 Case No V/05-21 A variance to the front yard setback (30 feet required, 27' 6" requested) for the extension of a front porch located at 2401 Creekside Court in the RA, Single Family Residential District Lance Thomas, applicant 9 Case No V/05-22 A variance to the lot size regulations (7,500 square feet required, 6,600 square feet requested) for the construction of a residence located at 1217 Fourth Avenue South in the RB, Two Family Residential District Kevin Grube, applicant 10 Case No V/05-23 A variance to the sign regulations for an additional sign located at 1701 Curve Crest Blvd in the BP-O, Business Park Office District Mohagen Hansen Architecture, representing St Croix Orthopaedics, applicant Other Items Transition Area, Agricultural Preservation Study Request for building design approval of building plans for Cove Traditional lots, settlers Glen 'I water. THE BIRTHPLACE OF MINNESOTA CITY OF STILLWATER PLANNING COMMISSION NOTICE OF MEETING The City of Stillwater Planning Commission will meet on Monday, May 9, 2005, at 7 p m in the Council Chambers of Stillwater City Hall, 216 North Fourth Street AGENDA 1 Case No V/05-11 A variance to construct a single family residence on an existing substandard lot and a variance to slope setback requirements located at 2015 Lake Street in the RB, Two Family Residential District, Flood Plain and the Bluffland/Shoreland District Dan Thurmes, representing Tony Kirschbaum, applicant Continued from April 11, 2005 Planning Commission Meeting 2 Case No V/05-15 A variance to side yard setback (5 feet required, 2 5 feet requested) and to the rear yard setback (25 feet required, 2 2 feet requested) for the construction of a garage and addition located at 1018 S 2nd Street in the RB, Two Family Residential District Dennis Gruber, applicant 3 Case No SUP/05-16 A special use permit for a coffee and ice cream shop located at 145 New England Place in the VC, Village Commercial District Salvatore and Mary Rosa, applicants 4 Case No SUB/V/05-17 A resubdivision of Lots 10 and 12, Blk 1 Greeley and Slaughter's Addition into two Tots Lot 10 - 6,462 5 square feet and Lot 12 - 6,447 5 square feet and a variance to the lot size (7,500 square feet required) in the RB, Two Family Residential District Jon and Danette Mulack, applicants 5 Case No V/05-18 A variance to the front yard setback (30 feet required, 12 feet requested) for the construction of a porch located at 1224 3' Avenue South in the RB, Two Family Residential District Jamie Stoudt, applicant 6 Case No V/05-19 A variance to the lot size regulations (7,500 square feet required) for the construction of a one -car garage on a 5,250 square foot lot located at 509 West Laurel in the RB, Two Family Residential District Sheila Martin, applicant CITY HALL 216 NORTH FOURTH STILLWATER, MINNESOTA 55082 PHONE 651-430-8800 7 Case No V/05-20 A variance to the parking regulations for a restaurant located at 1501 Stillwater Blvd in the BP-C, Business Park Commercial District Juha Thau, applicant 8 Case No V/05-21 A variance to the front yard setback (30 feet required, 27' 6" requested) for the extension of a front porch located at 2401 Creekside Court in the RA, Single Family Residential District Lance Thomas, applicant 9 Case No V/05-22 A variance to the lot size regulations (7,500 square feet required, 6,600 square feet requested) for the construction of a residence located at 1217 Fourth Avenue South in the RB, Two Family Residential District Kevin Grube, applicant 10 Case No V/05-23 A variance to the sign regulations for an additional sign located at 1701 Curve Crest Blvd in the BP-O, Business Park Office District Mohagen Hansen Architecture, representing St Croix Orthopaedics, applicant Other Items Transition Area, Agricultural Preservation Study Request for building design approval of building plans for Cove Traditional lots, settlers Glen 1 1 _ _ _w ator THE BIRTHPLACE OF MINNESOTA CITY OF STILLWATER PLANNING COMMISSION NOTICE OF MEETING The City of Stillwater Planning Commission will meet on Monday, May 9, 2005, at 7 p m in the Council Chambers of Stillwater City Hall, 216 North Fourth Street AGENDA 1 Case No V/05-11 A variance to construct a single family residence on an existing substandard lot and a variance to slope setback requirements located at 2015 Lake Street in the RB, Two Family Residential Distract, Flood Plain and the Bluffland/Shoreland District Dan Thurmes, representing Tony Kirschbaum, applicant Continued from April 11, 2005 Planning Commission Meeting 2 Case No V/05-15 A variance to side yard setback (5 feet required, 2 5 feet requested) and to the rear yard setback (25 feet required, 2 2 feet requested) for the construction of a garage and addition located at 1018 S 2nd Street in the RB, Two Family Residential District Dennis Gruber, applicant 3 Case No SUP/05-16 A special use permit for a coffee and ice cream shop located at 145 New England Place in the VC, Village Commercial District Salvatore and Mary Rosa, applicants 4 Case No SUB/V/05-17 A resubdivision of Lots 10 and 12, Blk 1 Greeley and Slaughter's Addition into two lots Lot 10 - 6,462 5 square feet and Lot 12 - 6,447 5 square feet and a variance to the lot size (7,500 square feet required) in the RB, Two Family Residential District Jon and Danette Mulack, applicants 5 Case No V/05-18 A variance to the front yard setback (30 feet required, 12 feet requested) for the construction of a porch located at 1224 3' Avenue South in the RB, Two Family Residential District Jamie Stoudt, applicant 6 Case No V/05-19 A variance to the lot size regulations (7,500 square feet required) for the construction of a one -car garage on a 5,250 square foot lot located at 509 West Laurel in the RB, Two Family Residential District Sheila Martin, applicant CITY HALL 216 NORTH FOURTH STILLWATER, MINNESOTA 55082 PHONE 651-430-8800 7 Case No V/05-20 A variance to the parking regulations for a restaurant located at 1501 Stillwater Blvd in the BP-C, Business Park Commercial District Juha Thau, applicant 8 Case No V/05-21 A variance to the front yard setback (30 feet required, 27' 6" requested) for the extension of a front porch located at 2401 Creekside Court in the RA, Single Family Residential District Lance Thomas, applicant 9 Case No V/05-22 A variance to the lot size regulations (7,500 square feet required, 6,600 square feet requested) for the construction of a residence located at 1217 Fourth Avenue South in the RB, Two Family Residential District Kevin Grube, applicant 10 Case No V/05-23 A variance to the sign regulations for an additional sign located at 1701 Curve Crest Blvd in the BP-O, Business Park Office District Mohagen Hansen Architecture, representing St Croix Orthopaedics, applicant Other Items Transition Area, Agricultural Preservation Study Request for building design approval of building plans for Cove Traditional lots, settlers Glen iltwater THE BIRTHPLACE OF MINNESOTA CITY OF STILLWATER PLANNING COMMISSION NOTICE OF MEETING The City of Stillwater Planning Commission will meet on Monday, May 9, 2005, at 7 p m in the Council Chambers of Stillwater City Hall, 216 North Fourth Street AGENDA 1 Case No V/05-11 A variance to construct a single family residence on an existing substandard lot and a variance to slope setback requirements located at 2015 Lake Street in the RB, Two Family Residential District, Flood Plain and the Bluffland/Shoreland District Dan Thurmes, representing Tony Kirschbaum, applicant Continued from April 11, 2005 Planning Commission Meeting 2 Case No V/05-15 A variance to side yard setback (5 feet required, 2 5 feet requested) and to the rear yard setback (25 feet required, 2 2 feet requested) for the construction of a garage and addition located at 1018 S 2"d Street in the RB, Two Family Residential District Dennis Gruber, applicant 3 Case No SUP/05-16 A special use permit for a coffee and ice cream shop located at 145 New England Place in the VC, Village Commercial District Salvatore and Mary Rosa, applicants 4 Case No SUB/V/05-17 A resubdivision of Lots 10 and 12, Blk 1 Greeley and Slaughter's Addition into two lots Lot 10 - 6,462 5 square feet and Lot 12 - 6,447 5 square feet and a variance to the lot size (7,500 square feet required) in the RB, Two Family Residential District Jon and Danette Mulack, applicants 5 Case No V/05-18 A variance to the front yard setback (30 feet required, 12 feet requested) for the construction of a porch located at 1224 3'd Avenue South in the RB, Two Family Residential District Jamie Stoudt, applicant 6 Case No V/05-19 A variance to the lot size regulations (7,500 square feet required) for the construction of a one -car garage on a 5,250 square foot lot located at 509 West Laurel in the RB, Two Family Residential District Sheila Martin, applicant CITY HALL 216 NORTH FOURTH STILLWATER MINNESOTA 55082 PHONE 651 430-8800 7 Case No V/05-20 A variance to the parking regulations for a restaurant located at 1501 Stillwater Blvd in the BP-C, Business Park Commercial District Juha Thau, applicant 8 Case No V/05-21 A variance to the front yard setback (30 feet required, 27' 6" requested) for the extension of a front porch located at 2401 Creekside Court in the RA, Single Family Residential District Lance Thomas, applicant 9 Case No V/05-22 A variance to the lot size regulations (7,500 square feet required, 6,600 square feet requested) for the construction of a residence located at 1217 Fourth Avenue South in the RB, Two Family Residential District Kevin Grube, applicant 10 Case No V/05-23 A variance to the sign regulations for an additional sign located at 1701 Curve Crest Blvd in the BP-0, Business Park Office District Mohagen Hansen Architecture, representing St Croix Orthopaedics, applicant Other Items Transition Area, Agricultural Preservation Study Request for building design approval of building plans for Cove Traditional lots, settlers Glen iliwater THE BIRTHPLACE OF MINNESOTA CITY OF STILLWATER PLANNING COMMISSION NOTICE OF MEETING The City of Stillwater Planning Commission will meet on Monday, May 9, 2005, at 7 p m in the Council Chambers of Stillwater City Hall, 216 North Fourth Street AGENDA 1 Case No V/05-11 A variance to construct a single family residence on an existing substandard lot and a variance to slope setback requirements located at 2015 Lake Street in the RB, Two Family Residential District, Flood Plain and the Bluffland/Shoreland District Dan Thurmes, representing Tony Kirschbaum, applicant Continued from April 11, 2005 Planning Commission Meeting 2 Case No V/05-15 A variance to side yard setback (5 feet required, 2 5 feet requested) and to the rear yard setback (25 feet required, 2 2 feet requested) for the construction of a garage and addition located at 1018 S 2' Street in the RB, Two Family Residential District Dennis Gruber, applicant 3 Case No SUP/05-16 A special use permit for a coffee and ice cream shop located at 145 New England Place in the VC, Village Commercial District Salvatore and Mary Rosa, applicants 4 Case No SUB/V/05-17 A resubdivision of Lots 10 and 12, BIk 1 Greeley and Slaughter's Addition into two Tots Lot 10 - 6,462 5 square feet and Lot 12 - 6,447 5 square feet and a variance to the lot size (7,500 square feet required) in the RB, Two Family Residential District Jon and Danette Mulack, applicants 5 Case No V/05-18 A variance to the front yard setback (30 feet required, 12 feet requested) for the construction of a porch located at 1224 3rd Avenue South in the RB, Two Family Residential District Jamie Stoudt, applicant 6 Case No V/05-19 A variance to the lot size regulations (7,500 square feet required) for the construction of a one -car garage on a 5,250 square foot lot located at 509 West Laurel in the RB, Two Family Residential District Sheila Martin, applicant CITY HALL 216 NORTH FOURTH STILLWATER, MINNESOTA 55082 PHONE 651-430-8800 7 Case No V/05-20 A variance to the parking regulations for a restaurant located at 1501 Stillwater Blvd in the BP-C, Business Park Commercial District Juha Thau, applicant 8 Case No V/05-21 A variance to the front yard setback (30 feet required, 27' 6" requested) for the extension of a front porch located at 2401 Creekside Court in the RA, Single Family Residential District Lance Thomas, applicant 9 Case No V/05-22 A variance to the lot size regulations (7,500 square feet required, 6,600 square feet requested) for the construction of a residence located at 1217 Fourth Avenue South in the RB, Two Family Residential District Kevin Grube, applicant 10 Case No V/05-23 A variance to the sign regulations for an additional sign located at 1701 Curve Crest Blvd in the BP-O, Business Park Office District Mohagen Hansen Architecture, representing St Croix Orthopaedics, applicant Other Items Transition Area, Agricultural Preservation Study Request for building design approval of building plans for Cove Traditional lots, settlers Glen iltwater 14) THE BIRTHPLACE OF MINNESOTA CITY OF STILLWATER PLANNING COMMISSION NOTICE OF MEETING The City of Stillwater Planning Commission will meet on Monday, May 9, 2005, at 7 p m in the Council Chambers of Stillwater City Hall, 216 North Fourth Street AGENDA 1 Case No V/05-11 A variance to construct a single family residence on an existing substandard lot and a variance to slope setback requirements located at 2015 Lake Street in the RB, Two Family Residential District, Flood Plain and the Bluffland/Shoreland District Dan Thurmes, representing Tony Kirschbaum, applicant Continued from April 11, 2005 Planning Commission Meeting 2 Case No V/05-15 A variance to side yard setback (5 feet required, 2 5 feet requested) and to the rear yard setback (25 feet required, 2 2 feet requested) for the construction of a garage and addition located at 1018 S 2' Street in the RB, Two Family Residential District Dennis Gruber, applicant 3 Case No SUP/05-16 A special use permit for a coffee and ice cream shop located at 145 New England Place in the VC, Village Commercial District Salvatore and Mary Rosa, applicants 4 Case No SUB/V/05-17 A resubdivision of Lots 10 and 12, Blk 1 Greeley and Slaughter's Addition into two lots Lot 10 - 6,462 5 square feet and Lot 12 - 6,447 5 square feet and a variance to the lot size (7,500 square feet required) in the RB, Two Family Residential District Jon and Danette Mulack, applicants 5 Case No V/05-18 A variance to the front yard setback (30 feet required, 12 feet requested) for the construction of a porch located at 1224 3rd Avenue South in the RB, Two Family Residential District Jamie Stoudt, applicant 6 Case No V/05-19 A variance to the lot size regulations (7,500 square feet required) for the construction of a one -car garage on a 5,250 square foot lot located at 509 West Laurel in the RB, Two Family Residential District Sheila Martin, applicant CITY HALL 216 NORTH FOURTH STILLWATER, MINNESOTA 55082 PHONE 651-430-8800 7 Case No V/05-20 A variance to the parking regulations for a restaurant located at 1501 Stillwater Blvd in the BP-C, Business Park Commercial District Juha Thau, applicant 8 Case No V/05-21 A variance to the front yard setback (30 feet required, 27' 6" requested) for the extension of a front porch located at 2401 Creekside Court in the RA, Single Family Residential District Lance Thomas, applicant 9 Case No V/05-22 A variance to the lot size regulations (7,500 square feet required, 6,600 square feet requested) for the construction of a residence located at 1217 Fourth Avenue South in the RB, Two Family Residential District Kevin Grube, applicant 10 Case No V/05-23 A variance to the sign regulations for an additional sign located at 1701 Curve Crest Blvd in the BP-O, Business Park Office District Mohagen Hansen Architecture, representing St Croix Orthopaedics, applicant Other Items Transition Area, Agricultural Preservation Study Request for building design approval of building plans for Cove Traditional lots, settlers Glen ,jl(Water. 14) THE BIRTHPLACE OF MINNESOTA CITY OF STILLWATER PLANNING COMMISSION NOTICE OF MEETING The City of Stillwater Planning Commission will meet on Monday, May 9, 2005, at 7 p m in the Council Chambers of Stillwater City Hall, 216 North Fourth Street AGENDA 1 Case No V/05-11 A variance to construct a single family residence on an existing substandard lot and a variance to slope setback requirements located at 2015 Lake Street in the RB, Two Family Residential District, Flood Plain and the Bluffland/Shoreland District Dan Thurmes, representing Tony Kirschbaum, applicant Continued from April 11, 2005 Planning Commission Meeting 2 Case No V/05-15 A variance to side yard setback (5 feet required, 2 5 feet requested) and to the rear yard setback (25 feet required, 2 2 feet requested) for the construction of a garage and addition located at 1018 S 2nd Street in the RB, Two Family Residential District Dennis Gruber, applicant 3 Case No SUP/05-16 A special use permit for a coffee and ice cream shop located at 145 New England Place in the VC, Village Commercial District Salvatore and Mary Rosa, applicants 4 Case No SUB/V/05-17 A resubdivision of Lots 10 and 12, Blk 1 Greeley and Slaughter's Addition into two lots Lot 10 - 6,462 5 square feet and Lot 12 - 6,447 5 square feet and a variance to the lot size (7,500 square feet required) in the RB, Two Family Residential District Jon and Danette Mulack, applicants 5 Case No V/05-18 A variance to the front yard setback (30 feet required, 12 feet requested) for the construction of a porch located at 1224 3rd Avenue South in the RB, Two Family Residential District Jamie Stoudt, applicant 6 Case No V/05-19 A variance to the lot size regulations (7,500 square feet required) for the construction of a one -car garage on a 5,250 square foot lot located at 509 West Laurel in the RB, Two Family Residential District Sheila Martin, applicant CITY HALL 216 NORTH FOURTH STILLWATER, MINNESOTA 55082 PHONE 651 430-8800 7 Case No V/05-20 A variance to the parking regulations for a restaurant located at 1501 Stillwater Blvd in the BP-C, Business Park Commercial District Juha Thau, applicant 8 Case No V/05-21 A variance to the front yard setback (30 feet required, 27' 6" requested) for the extension of a front porch located at 2401 Creekside Court in the RA, Single Family Residential District Lance Thomas, applicant 9 Case No V/05-22 A variance to the lot size regulations (7,500 square feet required, 6,600 square feet requested) for the construction of a residence located at 1217 Fourth Avenue South in the RB, Two Family Residential District Kevin Grube, applicant 10 Case No V/05-23 A variance to the sign regulations for an additional sign located at 1701 Curve Crest Blvd in the BP-O, Business Park Office District Mohagen Hansen Architecture, representing St Croix Orthopaedics, applicant Other Items Transition Area, Agricultural Preservation Study Request for building design approval of building plans for Cove Traditional lots, settlers Glen PLANNING APPLICATION REVIEW FORM CASE NO V/05-11 Planning Commission Date April 11, 2005 Project Location 2015 Lake Street Comprehensive Plan District Single Family Zoning District RB, Bluffland Shoreland, Flood Plain Applicants Name Tony Kerschbaum Type of Application Variance to develop on slope greater than 12 percent in Bluffland/Shoreland District Project Description The request is for a variance to construct a single family residence on a slope of greater than 12 percent on an existing 13,500 square foot lot Discussion The request is for an existing lot of record of 13,500 square feet (20,000 square feet is required in the Bluffland/Shoreland District) The lot slopes down from Lake Street, 714 elevation, to the river, elevation 675 over a 200' distance The lot fronts on the St Croix River The ordinary high water mark level is 675 and the regulatory food elevation is 694 (see attached site plan/survey) Single family residences and two marinas are located in the area A residence previously existed on the site This past year, sewer and water service was extended to the lot Zoning regulations for the site requires a 100 foot river setback, 10 foot side yard and 30 foot front yard (Lake Street) setback The proposed residence meets setback requirements The Bluffland/Shoreland regulations do not allow development on 12% or greater slopes The average slope of the site from the front to the rear of the lot is 18% The house is located on the 12%+ sloped area Other non Bluffland District areas of the City use 25% as the slope setback standard The proposed residence is two stories and 25 feet tall from basement/walkout level to roof peek To address the steep slopes, the basement has a 14 foot floor to ceiling height The proposed basement level is 2 feet above the 100 year flood elevation To give a relationship to the street, the Lake Street level is 714 feet at the middle of the front property line The highest point of the roof is 730 feet, 16 feet above the street A previous variance application for development of the lot was denied by the City Council The building location has been changed in the current proposal to better fit the site conditions (house moved further down the hill and house reduced in size) Required Variance Findings See attached Based on the site conditions, there is a particular hardship which make enforcement of strict regulations impractical The lot is an existing lot of record and a previous single family residence existed on the site The conditions for the variance were not created by the land owner after May 1, 1974 It is found that based on the single family development proposed and conditioned the use will not alter the essential residential character of the neighborhood The single family use propped is consistent with the residential zoning of the site Conditions of Approval 1 The house shall be sited in the building envelope as shown on submitted plan dated 3-28-05 by Cornerstone Land Surveying 2 The minimum of trees shall be cleared to accommodate the development as approved by the Community Development Director and City Forester 3 A drainage, grading, erosion control plan shall be submitted with the building permit application (silt fence shall be installed between the building site and the St Croix River) 4 The future house shall be a natural wood color or earthtone as approved by the Community Development Director 5 This request must be certified by the Commissioner of Department of Natural Resources 6 The residence shall be a one -level walkout design 7 A landscape plan shall be required to partially screen the new residence from the river The plan shall be reviewed and approved by the Community Development Director before a building permit is issued The landscape plan shall be installed before building occupancy Attachments. Application J U4 cc____, • • • St Croix Rivenvay Ordi nonce Permits District Building permits Septic permits Grading permits Tree cutting permits Conditional use permits Amendments to this sub division Amendments to district boundary Plats and cluster devel opments Variances ZONING Urban District LP LP LP LP PH WA FD PH WA FD PH WA CC PH WA FD PH WA CC LP Permit issued by the local author- ity in accordance with this subdivi sion and all other local permits CC Certification by the commissioner of natural resources prior to final local approval PH Public hearing necessary by the local authority giving 20 days notice of meeting to the commissioner of natural resources and other listed agencies FD Local authority forwards any de- cisions to the commissioner of natu ral resources within the ten days after taking final action — WA The commissioner of natural re sources must submit after notice of public hearing and before the local authority gives preliminary approval a written review and approval of the project e Variances Variances will be g . . ed only where there are particular har ships which make the strict enforce- ment of this subdivision impractical Hardship means the proposed use of the property and associated struc- tures in question cannot be estab lashed under the conditions allowed by this subdivision the plight of the landowner is due to circumstances unique to this property not created by the landowners after May 1 1974 and the variance if granted will not CD31 53 §31 1 alter the essential character of the locality Economic considerations alone will not constitute a hardship for the reasonable use of the prop- erty and associated structures under the conditions allowed by this subdi- vision In addition no variance may be granted that would permit any use that is prohibited in this subdi vision in which the subject property is located Conditions may be im- posed on the granting of a variance to ensure compliance and to protect adjacent properties and the public interest especially in regard to the appearance of the property when viewed from the river The public ring for a variance must be held by th - : . nning commission and city council set o i this section f Requirements of the applicant for a public hearing Applicant require ments for a public hearing are as follows 1 The applicant must submit suf- ficient copies of the information in subsections (17)f 2 through (17)f 10 of this subdivision (sub mittal information) to the com munity development director 30 days prior to the public hearing on the application for a condi- tional use variance planned unit development or subdivi- sion 2 An abstractor s certificate show- ing the names and addresses of all property owners within 350 feet of the affected property and any local governments, within two miles of the affected property (this requirement does not apply to amendments to the text of this subdivision) as requested to the community de- velopment director 30 days prior to the public hearing on the application for a conditional use variance planned unit develop ment or subdivision ' PLANNING ADMINI' RATION APPLICATION FOF COMMUNITY DEVELOPMENT DEPARTMENT CITY OF STILLWATER 216 NORTH FOURTH STREET STILLWATER MN 55082 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 submitted in connection with any apphcat►on All supportingephotos, s material submitted with application becomes the property of the City of Stillwater Sixteen (16) copies of) supporting material is required If application is submitted to the City Council, twelve (12) copies of supporting material is required A site plan is required with applications Any incomplete application supporting material will delay the application process Case No V / Date Filed Fee Paid Receipt No ACTION REQUESTED Address of Project 20I5' C� Telephone No to S l— L13 q- O Z L 9 Signature .r (Si is required) Lot Size (dimensions) x Land Area 1 y O y p E. Height of Buildings Stone Principal Accessory s Feet si Pr Special/Conditional Use Permit Variance Resubdivision Subdivision* Comprehensive Plan Amendme Zoning Amendment* Planning Unit Development * Certificate of Compliance PROPERTY IDENTIFICATION 1-• - keet Assessor's Parcel No a1 Q3 C) 2p1 y (16 DC/ Zoning District Description of Project QN (GEO Code) N Cons+l��c-rsotl "I hereby state the foregoing statements and all data, ►reformation 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 OwnerTD v k e r shlra� Representative \ iq ty t 1}u&c(\& S Mailing Address - i, U LEN l36-R6 ALLEY LEY Mailing Address a0D E- LNest7vUT 4 131 Oa City - State - Zips u—vop.re M r s-SC$ 2 City - State - Zip ST- U... •1 AT612.4 111N S Cre4 Telephone No (s - 23 (Signature is required) SITE AND PROJECT DESCRIPTION Total Building floor area 1, 6(oy square feet Existing square feet Proposed 1 Ss04 square feet Paved Impervious Area 11' `I square feet No of off-street parking spaces H \mcnamara\sheiia\PLANAPP FRM May 1, 2003 /J. 72 / TRACT CZ) A wr TRACT B 01? 51 ,7 176 6 / 160 m®m 2103/ EAS 'tt5E 302'1 � 48 20 6 20'2S 2017� r 2fi)17`7, N . 201 #1,3 fjP oc6 2p07 '99)E- teg 9 ,w 500 1160 g 4101 402 150 0 404 1 64 406 05 0 1..L� 0 67) 2023 1403 36 0 8 8 111305 360 100 4,0 6• Location Map 107 19) w —J 1 76 7428- Ss 0 ^o � 3001 136 01 TRACT B 21-030-20-11 0016 N LINE OF LOT B13(52 750 2021 2009 CARLI & SCHULE \ RESEa2VED ST V 84 / I 24 , 130 / 3 12 30 /- 83 / • 4 10®7) 51 1:16 5 ,36 4 LA MINN DNR I PROTECTEI CARLI & SCHULENBU] 1621W R2OW RI9W OU ME HERE Tz3N1111 12EN T7N i{ R7N RLW R21W R20W Vicinity Map 0 154 Scale in Feet ramp n./.6 cm au s,.� � Oury ob Pumas 02/ nose Se .4.11 suponseu a,raw i,arcu,m. Ss rcs Wu np ura Sumac Mao Parcel eal asea an0.5.00w mass curnm N4 Mao prat. Mar. 1005 Tony Kerschbaum 2017 Schulenberg Alley Stillwater MN 55082 Steve Russell Community Development Director City Hall 216 North Fourth Street Stillwater, MN 55082 Dear Mr Russell I seek a variance to obtain approval to build a modest, single family home on a sloped pre- existing lot in the city of Stillwater I have made great effort to submit a plan that minimizes the sloped area, reduces the need for retaining walls, and remedies erosion problems presently existing where this lot joins the adjacent properties The site once had a home and portions of the old foundation and retaining wall still remain I thank you for your consideration of this request C■TY pF ST1 LLWATEFt. - CROSS SECTION 51 718 71 710 730 725 -- - — 720- 71 5 7(0 - FFE=7090 705 700 695 690 685 680 675 670 to 7/6 BITUMINOUS DRIVEWAY co CZ ATO :,-.- / / iw► BITUMINOUS / DRIVEWAY / / SXOTNC HOUSE FLOOR ELEVATION 717 4 [ r 7,' Rt.t.ln 1 1 1 2L • ♦ `) ! �� 11� 1 / "ail 45 • 1 ,� ST(t. 7 ` •jam) 'y�) •�rJl N89 25 00 E 0T 217t 1 fr O 4/11111111111hin rr ' „,., Wllfi oo t /// / ' / IL d o PROP WALL 1 D - to E%6TNC GARAGE FLOOR ELEVATION = 70907 slag LRAM PROPOSED T0B -7091 PROPOSED BSMT FLOOR=6950 1b0-YEAR - 693 0 FLOOD ELEV _GRADE AT REAR OF HOUSE NORMAL WATER - 674 5 - - PROP WALL/ 00 41111 ( 1 / 1 d' 0/,1 B ` 1 8 O70-!TOP VIKII 7650- IBOT WAIL 700 OI I TOP w�iA C=G95 5 1 ffERFWCQ 7088-j ROT WALL 6925 IBOT WALL -706 01 40 A PROP WALL 6 4 " r ; 7 �Ow4 V1µt. • + / O 346I '°'t c �/ e `4;4t�y2 M J+ b F9 +�\ 11.5 0 192# S89 2� p0 w 70V W�7owri 70P wocr=70T0-' �90T WALL 699J 1BOT WALL_695 CI! Ex10TING GFE -7205 BSMT =712 4 3 / PROPSOED BUILDING ELEVATIONS GARAGE FLOOR = 708 7 TOP OF BLOCK = 709 1 BASEMENT FLOOR = 695 0 TURF ESTABLISHMENT ALL DISTURBED AREAS ARE TO BE SODDED IMMEDIATELY AFTER CONSTRUCTION 6 COMPLETE EXISTING LEGAL DESCRIPTION (LEGAL DESCRIPTION PROVIDED BY TONY KERSCHBAUM) /9 ry� Oki • H 8 "7' „"et. The South Th rteen and one third (13 (/3) feet of Lot number One (1) and the North Fifty five and Two th rds (S5 2/3) feet of Lot Number Two (2) Block Numbe F fty two (52) of Carli and Schuienburg s Add Iron to Stillwater as surveyed and platted and now on Ile and of record n the Off Ice Of the County Recorder Washington County Minnesota Subject to servat ons and restrictrons as recorded in Book SS of Deeds Page 303 UTILITY NOTE UNDERGROUND UTILITIES WERE NOT LOCATED AS PART OF THIS SURVEY RETAINING WALLS ALL RETAINING WALLS MUST BE DESIGNED OR EVALUATED BY A PROFESSIONAL THE WALLS SHOWN ON THIS DRAWING ARE FOR GENERAL LOCATION PURPOSES ONLY CONSULT QUAUFIED ENGINEER AS TO MATERLALS BASE AND CONSTRUCTION GUIDELINES NO SOIL BORINGS WERE AVAILABLE FOR REVIEW TO DETERMINE IF SOILS ARE SURABIE FOR NEW CONSTRUCTION BEFORE CONSTRUCTION CONSULT ENGINEER AS TO METHODS OF BUILDING ON UNSTABLE SOILS UPU 0 51 Sath tit t ad 108 3 c SURVEY NOTES 1 BEARINGS ARE ASSUMED 2 ELEVATIONS BASED ON N V G D 1929 SYMBOLS MANHOLE UL CULVERT GAS METER FENCE CONCRETE DENOTES FOUND 1 / 2 IRON PIPE o DENOTES SET 1/2 IRON PIPE MARKED RLS 25718 0 97 (0) DENOTES DISTANCE PER DESCRIPTION 4097 (id) DENOTES DISTANCE MEASURED 40 97 (X) DENOTES DISTANCE AS CALCULATED FROM SURVEY BY OTHERS AREAS 0 10 CATCH BASIN HYDRANT WAN TER VALVE UTILITY UG POLE GBOX AS ALVE OVERHEAD WIRES WELL OVERALL PARCEL - 14 040 SQ FT TO SHORELINE IMPERVIOUS DRIVEWAY 924 SQFf BUILDINGS 1 864 SQ FT MISC CONCRETE = 275 SCLFT TOTAL -3063 SQ FT 218% NORTH 0 10 20 r%171. SCALE 1 INCH = 10 FEET Gopher State One CaII TWIN OW AREA 651 54-0002 TOLL FREE 1 800 252 1166 CONTACT TONY KERSCHBAUM 2017 Schulenberg Alley Stillwater MN 55082 612 743 3738 COUNTY WA51-aINGTON COLA F J SEAL THE STATE OF MINNESOTA DOES NOT REQUIRE A SEAL CERTIFICATION I h by nIh that thl plan was prepared by m nd my dl ea supeneslon, and th tam d N Ewen ed Lard Surveyor nder th Iaws el the state of MINNESOTA Danl I l Thu m s Reg st anon No 25718 Dt _ REVISIONS DATE REVISION 2 11 0S SITE PLAN 2 15 05 REVISED GRADING 3 IS -OS REVISED GRADING 3 28-05 HOUSE T1E5 PROJECT LOCATION xxx LAKE STFtEET Suite 4E1100 200 East Chestnut Street Sb8weter MN 55082 Phone 851275 8908 Fax 851 275 8976 dRrsh® mOcoodusa net CORNERSTONE LAND SURVEYING INC FILE NAME PROJECT NO SURVZZ75 1204075 SITE PLAN v PLANNING APPLICATION REVIEW FORM CASE NO V/05-15 Planning Commission Date May 9, 2005 Project Location 1018 2nd Street South Comprehensive Plan District Two Family Residential Zoning District RB Applicants Name Dennis Gruber Type of Application Variance Project Description A variance to the side yard setback (5 feet required, 2 5 feet requested) and to the rear yard setback (25 feet required, 2 2 feet requested) for the construction of a garage and addition Discussion The applicant is requesting consideration of a variance to the side and rear setback for the construction of a three car garage with an addition connecting it to the house There is currently an existing 48 year old two car garage that would be demolished The existing garage is 2 5 feet from the rear property line and 2 2 feet from the side yard property line The applicant proposes to construct the new garage at the same location Neighboring garages are within five feet of the garage, which raises fire safety issues The applicant states in the attached letter that he will address the fire codes The letter also says the architectural style will match the existing house Staff suggests that a detached two car garage could be built without a request variances It could be built at the required 5 feet from the rear and 5 feet from the side property lines The setbacks change if the garage is connected to the house, it would need to be located 25 feet from the rear property line instead of 5' from the rear property line for a detached garage Recommendation Denial Conditions of Approval Should the Commission approve the request, staff suggests the following conditions of approval 1 The garage and addition shall match the existing house in style, material and color 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 the Applicant/Site Plan/Elevation Drawings Win) 135 2 135 26 135 40072) 135 v 4 135 24 87) 135 4.7) 135 6 23 00066) 135 2�85) 135 21 40)36a) 135 20 135 19 83) 135 6 4007 ) 13 1 40075) v 135 doo7s) 35 9 I R 135 I g 4f00n) 10 135 18 135 11 40078) 135 17 135 1�79) 1�82) 135 13 135 135 12) 135 135 so 1095 4°oss) 109 5 23 40065) 109 5 22 emu) 1345 25 25 9 134 12 1 1345 2 4po63) 1345 3 134 5 21 134 4 1344 109 53 20 1344 25 5 40055) 1344 19 40063) 1344 6 1344 18 40ne2) Location Map 7 40056) 4 2 60 W NW L.L co 08) 135 2 135 240107) 135 40092) 135 P o 25 135 ( , Y t4, 135 6 245 40 08) 400 3) 135 135 23 �9°) o v ems) � � 135 135 a 22 7 0 g 135 14 135 v o i o 40 0 ) 40095) 135 135 S 20 03) 9 9 135 135 e 490 02) 1�9fi) S 135 135 o 18 do 135 11 R 135 9 40100) 13,97) i o < 135 135 14W 99) 35 g� 15 135 \\ EAST 134 5 d36152) 1345 61439) 134 5 23 134 5 1345 2 134 5 d) 134 5 21 134 4 134 5 4 1344 20 5 EAST 40138) 134 4 1344 8 134 4 7 40042) 1344 17_ A 8 0 Z 0 0 W co 60 Ii0125) 135 26 40124) 135 2 Y 135 135 25 4 135 24 135 112) 135 24123) 135 22 135 21 22) 135 15 6 135 t m 62) 8 135 401 20 135 ) 9 1 1490 2 ) 135 1�116) 135 18 135 (0119) 17 135 0i 9 16 123 11 1 27 25 4u1 135 24 135 451 1 135 22 135 235 1 W 36 135 18 403 135 135 13474 m (0146 75 10 CONDO NO BLaG 1 0161) 7 10 go 2 O � NELSON SCHOOL CON 1 0 146 34 HANCOCK STRE 134 1/2 iS6) 134 5 23 40037) 134.5 22 400036) 134 5 134 12 146136 135 1�13. 135 15 135 6 0 134 12 1345 1345 2 40022) 134 5 3 134 21 134 4 Y 23) 134 4 BU4�RLINGTO 35) 20 13 67 2 40033) 67 2 4a2q STREE5ri 1344 6 134 4 67 2 67 2 �25) 1344 1 17 8 22 630 134 5 21 4p0 134 4 20 4001e) 19 18 17 R21W R2OW R19W 111111 1 YOU ARE HERE 1111 R22W R21 W R2OW Vicinity Map ) 0 135 Scale in Feet This d awing is the es h of a compllatron and reprod ction of la d records as they appea I o s Wash gto Co my offices The d avang should be used f relere ce purposes only Washington County is not respons ble fo a y inaccu acres So ce Wash gton Cou ry S rveyor s Off ce Phone (651) 430.6875 P cel dat based AS400 formates curr t thro gh F b ry 28 2005 Map panted April 5 2005 7 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 Peri X . Variance Resubdivision Subdivision* Comprehensive Plan Amenc 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 mater 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 appbcat►on is submitted to the City Council, twelve (12) copies ( supporting material is required A site plan is required with apphcafions Any incomplete app/icat supporting material will delay the application process PROPERTY IDENTIFICATION Address of Project /Q it 5 5 Zoning DistrictG'5 /d-.ifi-ufDescription of Project d" 'r+r/J �i2ke % /veu/ 7r404pc✓Jou3e "I hereby state the foregoing statements and all data, information and evidence submitted herewiti respects, to the best of my knowledge and belief, to be true and correct I further certify I will comf the permit if it is granted and used " Assessor's Parcel No 3,3 03 e . o/ foe't (GEO Code) e ef-.X/sTik g, ate Property Owne Ph i/ i Cff--/p u pep) Mailing Address J67/Y6z c! ye 5 City - State - Zip 5T/ //u✓? 7 / 316f . , 5 ''2 Telephone No 637— V 3 v — 07-1— 37 Signature Representative y / s ccd eh Mailing Address /, /P Pr d City - State - ZipS7/2i 0E-14--0-c f,(4—e Telephone No 4 5/— yy o--.P d^37 erS7— y39— 3577 ,vay Signature (� (Signature is required) (Signature is required) Lot Size (dimensionsyyp x 10 Land Area /. Height of Buildings Principal Accessory tories d2 SITE AND PROJECT DESCRIPTION Feet .moo' Total Building floor area square fe Existing 4 /6 square feet Proposed 5 9 11- square feet Paved Impervious Area , koo square feet No of off-street parking spaces H \mcnamara\sheila\PLANAPP FRM May 1, 2003 Apnl 5, 2005 RE Vanance for 1018 S 2"d Street Dear Planning Commission Members I would hke to demolish my existing garage that is 48 years old and construct a new garage with an addition connecting it to the house The new garage and living addition style will match the house The existing garage side yard setback is 2 5 feet (5 feet required) from the property line, and the rear yard setback is currently 2 2 feet (25 feet required) I would like to construct the new garage in the same location The two neighboring garages are within five feet of my garage wall, therefore, I am willing to construct the garage and addition to meet the building code fire separation requirements when within three feet from the property line As you can see on the survey, I do not have any options to move the garage and still meet the required setbacks to the side and rear Sincerely, 6).-,) e ‘-cAL-6-1 Dennis Gruber 1018 S 2"d Street n o o n ci n o o no❑❑ LILILI n❑❑ 111111111111111111 T FM tti NUN OM N NOIN El WI NON ❑10 ❑ 0 ❑ CI Q 0 0 0 0 i i , Notes 1 • Indicates iron mon found o Indicates #13774 iron pipe set "M " Indicates measured value "R " Indicates record value Orientation of this bearing system is assumed datum CERTIFICATE OF SURVEY BARRETTM STACK STILLWATER, MINN 55082 MINNESOTA REGISTERED LAND SURVEYOR Tel No 439-5630 SURVEY MADE EXCLUSIVELY FOR: Dennis and Pam Gruber, 1018 So 2nd St , P 0 Box 249, Stillwater, MN 55082 DIsSCRIPTION: Overall Parcel Description Furnished (copy of Doc No 624427) Lots 13 and 14, Block 14, Churchill, Nelson and Slaughter's Addition to Stillwater, according to the plat thereof on file and of record in the office of the County Recorder, Washington County, Minnesota Notes Churchill, Nelson and Slaughter's Addition to Stillwater is recorded as Doc No 416049, in the office of the County Recorder of Washington County, Minnesota Offsets shown to existing structures are measured to the outside building wall line, unless shown or noted otherwise Any projections from said wall line such as eaves, sills, steps, etc , will impact these offsets accordingly Note encroachment of the bituminous (Bit ) driveway along the northerly line of Lot 13, Bl 14, as shown and noted hereon Underground or overhead public or private utilities on or adjacent the above described parcel were not located in conjunction with this survey, unless shown or noted hereon Locate existing utilities prior to any excavation on or adjacent the parcel it/ae 77/ Ale" B. /7 FND Are /C /✓a 4/aa49` / * ,e /35 , - - -- st89°v3 ,z9"4v Al /34 7.Z — — 22 + i r vp OaTJ/OE L/NE -14,/ S6 + '5 /3 ///// / / /// f/o Va /o/r ,Z .5-70reY F.eA/1!� 4VEL L /N4 a*s! E[Ee ,1r 7 e s ,%.e -4z COr/7.4/,VS /2/Z3 SJ /T Lar /41 • 0 9' NEW 5 G'o.✓e WALE' / 299'i -- /1/89 °a3 /7'E M /3¢_ 67 - .P /35 EA'S7 HAA/e0C/e 67. /e ± / P SEr /N B/r OAP/✓E61,47' L-' i 60 I hereby certify that this survey, plan, or report was prepared by me or under my direct supervision and that I am a duly Registered Land Surveyor under the laws of the State of Minnesota Date 10-30-99 13774 Reg No P s. PLANNING APPLICATION REVIEW FORM CASE NO V/05-16 Planning Commission Date. May 9, 2005 Project Location 145 New England Place Comprehensive Plan District Village Commercial Zoning District VC Applicants Name Salvatore and Mary Rosa Type of Application Special Use Permit Project Description Request for a special use permit for a 1,600 squre foot coffe and ice cream shop (restaurant) Discussion A special use permit for a two-story office building was previously approved for the site The current request is for a restaurant use on the 1,600 square foot first level of the building Fourteen dedicated parking spaces are provided for the use in addition to shared parking The parking requirement for the building is 6 spaces for the office and 13 for the ice cream/coffee shop totaling 19 spaces On -street and shared parking are available in the area (see application parking plan) When the original PUD was approved the proposed use for the site was office, service, professional, retail or apartment Coffee shops are a permitted use with a special use permit in the Village Commercial, VC, District No drive through or outside seating is proposed for the use Any signage requires a design permit from the Heritage Preservation Commission Recommendation Approval Conditions of Approval 1 All conditions of PUD/04-13 shall apply (attached) 2 Any exterior signs shall required PUD approval Attachments Application and plans Pv0/0 Li- /3 1 All utilities shall be completely screened from public view 2 A lighting plan showing the fixture type, height, location and exterior lighting intensity shall be submitted with building permit plans for Community Development Director approval All lighting shall be directed away from the street and adjacent properties Light sources shall be shielded from direct view and protected from damage by vehicles 3 All landscaping shall be installed before utility release or final project inspection No project shall be phased unless approval is granted by the Planning Commission 4 Continuous concrete curbing shall be installed to separate parking areas from landscape areas 5 Handicapped parking spaces and signage, in compliance with State requirements, shall be shown on building permit plans and installed before final inspection of the project 6 The street address of the building shall be displayed in a location conspicuous from the public street 7 The trash enclosure shall be made of a sturdy opaque masonry material, with trash receptacles screened from view and compatible with the color and materials of the project 8 All gutters, downspouts, flashings, etc , shall be painted to match the color of the adjacent surface 9 Construction projects shall conform to the City's Noise Ordinance Construction during the dry season shall mitigate excess dust problems 10 A sign permit shall be required for all project signs 11 Grading and drainage plan to be approved by City Engineer before building permits are issued 12 Sign package to be approved by the Heritage Preservation Commission, including directional signs 13 Exterior lighting plan to be reviewed and approved by the Heritage Preservation Commission 14 All security lights on building shall be downlit 15 All exterior modifications to the approved plan are to be reviewed by Community Development Director 16 All revisions to the approved plan shall be reviewed and approved by the Heritage Preservation Commission Findings The proposed use will not be injurious to the neighborhood or otherwise detrimental to the public welfare and will be in harmony with the general purpose of the zoning ordinance Attachments Application form and partial construction documents CPC Action on 3/8/04 Approval p 1 d w c Lot Size (dimensions) x Land Area Height of Buildings Stories Feet Pnnapal a Accessory PLANNING ADMINISTRATIuN APPLICATION FORM COMMUNITY DEVELOPMENT DEPARTMENT CITY OF STILLWATER 216 NORTH FOURTH STREET STILLWATER MN 55082 Case No Date Filed Fee Paid / 5 9 Receipt No � ACTION REQUESTED X Special/Conditional Use Permit 0 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 engineenng fees. The applicant is responsible for the completeness and accuracy of all forms and supporting material submitted M connection with any application All supporting material (1 a, photos, sketches, etc) submitted with application becomes the property of the City of Stillwater Sixteen (16) copies of supporting material is required if application is submitted to the City Council, twelve (12) copies of supporting material is required A site plan is required with applications Any incomplete application or supporting material will delay the appllcation process. PROPERTY IDENTIFICATION Address of Project 145 N{ w Ena)G yid Sk =Uo Assessor's Parcel No R 30 03O , 2_0 3.2 Clog (GEO Code) Zoning Distnct VC Descnpbon of Protect CDT --es). -t- ZC.e Cr.own Sho� "I hereby state the foregoing statements and all data, Information and evidence subn tted herewith In all respects, to the best of my knowledge and belief, to be true and correct. l further certify I will comply with the pern't if it Is granted and used " Property Owner 1-,, b e r+y "Pro Fe ri/ lAcu,ack e me n �' Representative S c�lVrn}or 1- Mary 'Rosa. 1 t' jj LLC Mailing Address 19 S Atew .0 np )4 q d ?L Ste Zoo Mailing Address (p 7 g }re h (' f City - State - Zip S-k, l 1waA-ex- 1 W ' SD City - State - Zip SA 1,\.lrii-ert MN SSd%Z Telephone No. , (PS i - 3S I - 0 9q S Telephone No (9 S= 30 9 (Signature is required) (Signature is required) SITE AND PROJECT DESCRIPTION 3koco Total Building floor area Qmisba square feet Existing square feet — Proposed square feet Paved Impervious Area square feet No of off-street parking spaces LLI -� k,a4.1-mvieS S lc reci r 50 FT W DE N5P EASEMENT PER BR 99 DEEDS PG 226 ORM GE & UTI ITV EASEMENT T Location Map IA LLPINE TRAIL;,, OUTLOT 1 R21W ROW RI9W Tl)N T3ON T''9N T29N VON TEN TTN TTN R2 W R_IW R20W V1clrnty Map Scale in Feet canP« app. .ra Wes Conn nne PI* ms n xMenncv hwa nand rem w m.n nano* &$ lW a (R ..pInca 9vr . 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 X_Speaal/Condbonal Use Permit _ fVariance Resubdvison Subdivision* Comprehensive Plan Amendment' Zorung 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 ill connection with any application All supporting material (i e., photos, sketches, etc) submitted wkh application becomes the property of the City of Stillwater Sixteen (IQ couples of supporting material Is required_ if application is submitted to the City Council, twelve (12) copies of supporting material is required A site plan is required with applications Any incomplete appllcation or supporting material will delay the application process. PROPERTY IDENTIFICATION Address of Project 1 LI S Alt ,A. F )r. nil pi_ SK WO Assessor's Parcel No }� 30 O6C , ao 3.� 0109 r"� (GEO Code) Zoning District V1` Descnption of Project [; -r ZC e C xecxv S4jrD "I hereby state the foregoing statements and all data. Information and evidence submitted herewith In all respects, to the best of my knowledge and belief, to be true and correct 1 further certify 1 will comply with the permit if At is granted and used " Property Owner l-- • b i' r —Pro Ft, INVihfAv n t Representative So: I shv}n1 e- t M ri r t J ( L LC Mming Address 1 `{ S Ale vs) _GOO FL -e Zoo Mailing Address [p -7 :21 j }x n ( + City - State - Zip S+►1\wrsk,r M N SSb c Telephone No / tc S ` - 3S I , 0 9q S Telephone No (g5 139 9 30 9 Signature (Signature is required) Lot Size (dimensions) x Land Area Height of Buildings Stories Feet Pnnapal _ Accessory City - State - Zip SSCS Sig (Signature is required) SITE AND PROJECT DESCRIPTION 3k''00 Total Budding floor area square feet Bosbng square feet -- Proposed square feet Paved Impervious Area square feet No of of -street parking spaces I'-1 S1larerQ liAberty House Cafe & Creamery • • • • • • • • April 9 2005 Dear Members of the Stillwater City Planning Commission We are requesting an amendment to the Special Use Permit at 145 New England Place Suite 100 Stillwater in the Liberty Village development to allow Liberty House Cafe & Creamery to operate a unique coffee and ice cream shop A 2002 Concept Site Plan provided when we purchased our home in the neighbor- hood designated this location as office/retail The current permit however zones the location for office/ professional We request an amendment to the special use permit to zone the location as office/retail We believe Liberty House Cafe & Creamery, housed in this location will provide a measurable value to the neighborhood and greater Stillwater community It is entirely in keeping with the original intent of the General Development Plan to create a walkable neighborhood with a variety of retail businesses that provide opportunities for daily enjoyment of the residents as well as a unique destination for residents of the greater Stillwater area Construction of the building at 145 New England Place is already complete The building is owned by The Concept The impetus for the Liberty House Cafe & Creamery comes in response to the desire for neighborhood - based businesses that build relationships and a sense of community The atmosphere at Liberty House Cafe & Creamery will be warm and inviting evoking feelings of a safer simpler time when proprietors knew the people they were serving and did so with a smile and genuine care The interior will feature wood floors creamy white woodwork and warm gentle colors A fireplace with comfortably upholstered chairs will provide a cozy place to chat over a cup of coffee A children s corner will feature old fashioned toys and painted child -friendly furniture The soda fountain will have the feel of an upscale 1930s drugstore like Mr Gowers in Its a Wonderful Life with glass jars of colorful sprinkles and toppings beautifully displayed on the back counter The idea is to create a sense of wonder and anticipation for children and grown-ups alike Liberty House Cafe & Creamery will provide a refined old-fashioned gathering place that captures the ambience of Stillwater and Liberty Village small-town living and the comfort of life at a slower pace Liberty House Cafe & Creamery will feature a highly focused menu limited to specialty coffee & tea cakes & pastries and homemade ice cream & soda fountain drinks Seating will be limited to 16 This will not be a sit down restaurant No food is planned The number of employees will average 3-4 per shift The landscape plan for the building has been previously approved We request a modest variation to allow a park bench on each side of the front entrance to the building and two small tables on the paved area at the northwest side of the building We believe these additions to the landscape plan will create a welcoming environment for the front entrance The building at 145 New England PI is essential to fulfilling the concept In keeping with the cozy homelike atmosphere of the shop the physical structure resembles a freestanding home rather than a commercial building The early colonial white -washed exterior simply looks like a "Liberty House " Liberty House Cafe & Creamery Hours of Operation Hours: Mon - Thurs 6 a.m. - 6:00 p.m., Fri - Sat 6 a.m. - 9:00 p.m. Closed Sunday Ext. Summer Hours: Mon - Sat 6 a.m. - 9:00 p.m., Sunday 9:00 a.m. - 6:00 p.m. Pam The site currently includes 14 dedicated parking spaces, including one disabled parking space. In addition there are 19 on -street spaces within close proximity to the building. There is also additional off-street parking planned north of the building to be shared with sites currently under development. A typical retail ratio for parking stipulates 5 parking spaces per 1000 sq ft. Therefore 1600 sqft of retail space calls for 8 dedicated spaces. With a typical office ratio for parking of 3 spaces per 1000 sgft, the office space occu- pied by American Classic Homes calls for 6 dedicated spaces. This brings the total required to 14 dedicated spaces. The existing 14 dedicated spaces therefore fulfill the requirements for the typical ratios. Founders The shop will be managed by the principles, Salvatore Rosa and Mary E. Rosa. Salvatore Rosa has over 20years culinary and management experience in the food and beverage industry. He also serves as President on the Master Board of Directors of the Liberty on the Lake Homeowners Association. Mary Rosa has I3years experience teaching English Literature at a local university. Previous to teaching, she worked in graphic design, marketing, and advertising, and continues to free-lance in those areas. Salvatore Rosa, a native of Italy and Mary Rosa, a native of Wisconsin, met while walking through a city square in London 18years ago. After surviving threeyears of long separations and successfully mastering the gauntlet that is U.S. Immigration, they married in 1990. They learnedyoung the power of patience and perseverance, but they have never forgotten the powerful message of their incredible meeting: Trustyour instincts and embrace each opportunity as a miracle to be cherished and nurtured. The opportunity to operate the Liberty House Cafe & Creamery in the neighborhood in which they live and are raising their daughter is one such "miracle." And it comes at a time when the founders are extremely well -prepared and committed to making it a great success. With its owners already invested in the neighborhood and the city of Stillwater, Liberty House Cafe & Creamery will also model a commitment to generosity of spirit and social responsibility in its relationships with customers, staff and the community. Resident Support Included in this application is a petition signed by over one hundred Liberty -on -the -Lake residents who support the use of the building at 145 New England Place for the Liberty House Cafe & Creamery. Without exception, residents stated they preferred that this particular site with its clear view and easy access to Liberty Square be used for retail rather than office space, thereby increasing the number of outlets for daily enjoyment within Liberty Village. We thankyou most respectfully foryour consideration of this amendment and kindly requestyour support. r) Salvatore and Mary Rosa 673 Eben Ct Stillwater, MN 55082 651-439-4309 <C3 MIN. OEM NM a:. ....■ uruu min �- I1N PROPOS CATC BASIN f L 9566—55U,E9/ EXIST CATCH BASIN EX ST EXIST CAT0-1 5 REET BASH LG T Ex15 CATC BASIN VAN ACCESSABLE PARKING STALL 11 0 WD SCALE INFORMATION FOR THIS SITE PLAN WAS TAKEN FROM THE DEVELOPMENT PLANS PREPARED BY WESTWOOD PROFESSIONAL SEVICES INC 159E ANAGRAM DRIVE EDEN PRAIRIE MN 55344 EXISTING SPOT ELEVATION FROM DEVELOPMENT GRADING PLAN PROPOSED SPOT ELEVATION PROPOSED OP OF CURB SPOT ELEVATION 10 20 30 aitit~cem, vela LIBERTY ON THE LAKE STILLWATER MINNESOTA e051 351 0995 FAX S51 439 341'1 RESIDENCE OF A C H OFFICE BUILDING ADDRESS 145 NEW ENGLAND PLACE STILLWATER MN 55052 LOT BLOCK NEIGHBORHOOD 6 I LIBERTY 3RD ADDITION SQUARE FOOTAGE LOWER LEVEL MAIN LEVEL UPPER LEVEL GARAGE PORCH DECK JOB NUMBER DATE DRAWN 1/14/04 DRAWN BY T.1.1 RELEASE DATE S/S/04 REVISION DATE PAGE o '� SHEET TITLE SITE/GRADING PLAN s / / // 7- 7/ `\ / // / / j / /// / / / / N ACvESSIBLE P PXINC STA / / /\ / / �/ ///// / / / \ / / / // / / /• // / // 5 0' P RKING STALL TYP GAL CLOST 11 C8/ TENANT SPACE (BUILD OUT FOR TENANT SPACE SHALL BE ISSUED AS SEPARATE PERM11 SUBMITTAL) TO PROP LI E WORK POINT O PARTIAL SITE/MAIN LEVEL FLOOR PLAN SAR! YE 1 A/C COND )8 4 20 EQUAL ITRE DS ® 11 /TREAD 21 EQUAL RISERS 0 6 3/ /RISER DASHED LIIIIE INIDICAT ES 2 HR RATED SO IT CONSTRUCT ON ABOVE PROV DE 2 LAYERS i TYPE x G'(PSUM ON VERTIC l SURFACES I SEE 1/A7 0 FOR DESCRIPT ON OF H0R ZONTAL CE LING FIXIISH ASSEMBL ATTACHED tO UNDERSIDE SOFF T OR 5T R (RAM NG PROVIDE 3}LAYERS i TYPE X GYPSUM BARD OVER 1 i STEEL STUDS 0 O B TH CK AT FOUR CORNERS ITH RUNNER TRACK 10P AND DTTOM INSTALLED AS PER BC TABLE 719 1 7 3 AT INTERIOR S�EEL PIPE COLUMNS (3 THUS) 3 7 —5 1/4 —8 1/2 \ 15 —9 AFTER HOURS WALL PCKUP BO W COMINATION LOCK 6 —5 1/4 NOTE SEE BUILD NG ELEVATIONS FOR A001. BUILDING UGHT G OCATIONS 11 —7 7/4 TRASH/RECYCL NC ENCLOSURE -'ANLLS PROPERTY UNE LOBBY VESTIBULE 4 —0 3/• IRRIG TO 36 H CH H NDRAIL AS 2-1--DES CNED AND DOCUMENTED IN TENAN BUILD OUT EACH SIDE OF STAIR BRICK V EER BASE SILL BEL W SEE A70 FOR ADD ZONAL INFORMATION BRICK VENEER CLAD KNEEWALL SEE A7 0 FOR ADDITIONAL INFORMATION 39 1/2 HT 2X4 WALL PROVIDE MOUNTING BLOCKING BEHIND ALL ADA HANDRAILS AND WALL FIXTURES TYP C L STA R CONSTRUCT 0 PRE BRIC T D P RTICLE BOARD ST IR TR,ADS ND RISERS OVER 2X12 51R GERS AT S DE 0 16 OC MAX MUM PRO DE STRUCTURAL 00R SHEAT G OVER 2X8 JO STS W 16 OC MAX MUM AT STA R LA DING CONSTRUCTION TYPES ^WALL E 1ERIOR WALL TYPE 1 SEE BUILD NG ELEV TONS FOR E TER OR F N S MATER S CONT NUOUS BU LO NG WR P OVER 3 E%TER OR PPRO ED STRUCTUR L WALL SHEATHING A D 2X6 W000 STUD FRAMING A 16 OC MAXIMUM PROVIDE R 19 BATTE NSULATION F LL N STUD SPACE WITH CONTINUOUS 6 M L POLYETH LENE APOR RETARDER ON NTERIOR SIDE OF NSULAT ON SEAL ALL TERMINATIONS/PE ETRATIONS ND PROV DE W NO WAS E CLOSURES AT ALL ELECTRICAL AND LOW VOLTAGE DEVICE LOCATIONS N EXTERIOR WALL PROVIDE ) GYPSU BO RD SUBSTRATE WITH FINISH AS PER TENANT BU LD—OUT ROOM F N S SCHEDULE AT INTER OR SIDE OF WALL Tr p �/ EVER OR WALL TYPE 2 SEE BU LDING ELEVATIONS FOR EXTERIOR F N SH MATERIALS CONT NUOUS BUILDING WRAP OVER EXTER OR APPROVED STRUCI URAL WALL SHEATH NG AND 2X WOOD STUD FRAM NG O 16 OC MAX MUM INTER OR WALL TYPE 1 3 1 LIGHT GAUGE METAL FRAMING AT 16 OC MAX UM PROV DE 3 GYPSUM BOARD (} TILE BACKER BOARD 0 TILED AREAS) W/ FINISH AS PER TENANT BUILD OUT ROOM FINISH SCHEDULE EACH SIDE OF WALL PROVIDE 1 LAYER ttPE X GYPSUM BOARD AT 1 HOUR RATED WALL LOCATIONS PROVIDE 2 LA ERS TYPE % GYPSUM BOARD AT 2 HOUR RATED CONSTRUCTION (AC) DENOTES ACOUSTICAL WALL TYPE WITH FIBERGLASS SOUND ATTENUATION BATT NSULATION F LL N STUD CAVITY AC INTER OR WALL TYPE 2 2 6 WOOD STUD FRAMING AT 16 OC MAXIMUM PROV DE 3 GYPSUM BOARD (j TILE BACKER BOARD 0 TILED AREAS) w/ FINISH AS PER TENANT BU LD DUT ROOM F NISH SCHEDULE EACH SIDE OF WALL PROVIDE 1 LAYER TYPE X GYPSUM BOARD AT 1 HR RATED WALL LOCATIONS PROVIDE 2 LAYERS TYPE—X GYPSUM BOARD AT 2 HR RATED WALL CONSTRUCTION (AC) DENOTES ACOUSTICAL WALL TYPE WITH FIBERGLASS SOUND ATTENUAT ON BATT INSULATION FILL IN STUD CAVITY W AC INTERIOR WALLTYPE 3 LIGHT GAUGE METAL FRAMING AT 15 0C MAXIMUM PROVIDE d LT4UM BOARD (j TILE BACKER BOARD 0 TILED AREAS) w/ FIN SH AS PER TENANT BUILD OUT ROOM FINISH SCHEDULE EACH SIDE OF WALL PROVIDE 1—LAYER TYPE X GYPSUM BOARD AT 1 HOUR WALL CONSTRUCTION PROV DE 2 LAYERS TYPE X GYPSUM BOARD AT 2—HOUR WALL CONSTRUCT ON (AC) DENOTES ACOUSTICAL WALL TYPE WITH FIBERGLASS SOUND ATTENUATION BATT INSULATION FILL IN STUD CAVITY pC SHAFT WALL TYPE 1 HOUR RAZED ASSEMBLY WITH 4 METAL SHAFT WALL STUD WITH 1 GYPSUM BOARD SHAFT LINER AND TYPE X G PSUM BOARD EXTERIOR FACE WITH FINISH AS PER TENANT BUILD OUT ROOM FINISH SCHEDULE PROV DE CAULKING OF ALL TERMINATIONS AND PENETRAT ONS TO MAINTAIN RATING O ' LARSON BRENNER \RCHITECTS d07 OR OU SIREN S L R E50T 5503 'non 65 3000,6 65 39 1 E n RSOABR ERO OL 09 C ry o D Des ,on 09/22/D CO Sf9UC110N KG IN 'Iva 09/71/04 RE5TR007.5 SR 1 5 0/25/0 CD STRUCPON /02/0 Co 61RUCR0N 07/09/04 Corn son Orin DAD deb art1y plan spec 6c by or cow Prepared by rn or under rn Sweet � m mm duly eesed der 70504 o. 1 I Munn `wed Reg Im Pr eel it AMERICAN CLASSIC HOMES LIBERTY VILLAGE OFFICE BULDING Steel It PARTIAL SITE/ MAIN LEVEL FLOOR PLAN Sn 1 Number A2.OR 00 KtY tU tLtVA I IUN NU I tb TRUSS BEAR NG EL 933 3 7/8 (SEE A 1 FOR EXCEP 0 ) WINDOS HEAD R 0 O EL 93 3/ TOP OF SHEA1 NG EL 92 3 / TRUSS BEARING EL 92 3 / • WINDOW HEAD R 0 T EL 920 7 1/2 ONAoT ELEVATION TOP OF SLAB O EL 912 6 TRUSS BEARING EL 933 7 (SEE A4 1 FO3R /EB XCEP ON) WINDOW HEAD R 0 EL 931 4 3/4 TOP OF SHEATHING EL 924 3 1/ TRUSS BEARING EL 924 3 1/4 WINDOW HEAD R 0 EL 920 7 1/2 ONORTH ELEVATION us IT 00 2 J 04 G l� 111 O O = O O nrirt 18 O O 0 4 9 111 6 O1 ASPHALT SH NGLE ROOFING C F IMBERLINE 40 LAMINATED FIBERGLASS ASPHALT SHINGLES N COLOR AS SELECTED BY OWNER OVER 30 LB BU LDING PAPER W TH CONTNUOUS ICE & WATER BARR ER ALONG ROOF EDGE AND FULL HE GHT IN VALLEYS PROVIDE PREF NISHED METAL VALLEY FLASH NOS SIDEWALL FLASHINCS ND ROOF N TRATION FLASH NGS PROVIDE CO TIVUOUS WEATHER R SISTANT RIDGE VENTS 02 vE FACIA CONSTRUCTIO 5X8 COMPOSITE TRIM OVER 2X5 SUBFACIA WITH iX 12 COMPOSI E TRI A FRIEZE BOARD E> R KE F CI CONSTRUCTION i08 COMPOSITE TRIM 0 ER 2XB SUBFACIA WITH iX12 COMPOSITE TRIM FRIEZE BOARD E> CORNER TR M CONSTRUCTO 5x WITH iX3 CO POS TE CORNER TRIM BOARDS OS PORC CEILING BEADED BOARD WITH NATUR L STAIN F NISH O6 LAP SIDING J MES H RDIE BUILD NG PRODUCTS HARDIPLA K SELECT CEDARM LL LAP SID NG w TH 5 EXPOSURE lE> PORCH FRIEZE TRI CONSTRUCT ON JAMES HARDIE BUILD NC PRODUCTS H ROHR M HLD TRIM OVER HARD PANEL 5 DING SEE A7 0 FOR TRIM SIZ NG AND PROFILE OH COLUMN CLADDING BUILT UP S 00TH CED R COLUMN CLAD) NG NITER AND B SCU T JOIN OUTSIDE CORN RS w/ PAINT F NISH SEE A7 0 FOR ADDITION L CETA L INFO E> EXTERIOR ENTRANCE DOORS KLM CLAD WOOD DOORS SEE DOOR SCHEDULE E> W NDOWS ANDERSEN CLAD WOOD WI DOWS WITH 5 MULATED DIVIDED LITES SEE w NDOw SCHEDULE 71 WINDOW/DOOR TRIM iX COMPOSITE JAMB TRIM W TH iX6 HEAD TRIM (A D iX2 SILL TRIM AT WINDOWS) E> BRICK WATERCOURSE GLEN GERRY BRICK ABERDEEN PAPERCUT SER ES MODULAR FACE BRICK VENEER WITH SLOPED HEADER COURSE SILL CAP PROVIDE PINTLE TYPE BRICK ANCHORS AT 16 OC ALONG SLL CAP AND 16 OC EACH WAY N FIELD BELOW SEE A7 0 FOR ADDITIONAL NFORMATION 13 CHIMNEY CLADDING GLEN CERRY BRICK ABERDEEN PAPERCUT SERIES MODULAR FACE BRCK VENEER WITH SLOPED HEADER COURSE S LL CAP PROVIDE PINTLE—TYPE BRICK ANCHORS AT 16 OC EAC WAY N FIELD AWNING FABRIC AWNING OVER ALUMINUM STRUCTURAL FRAME AWNING DESIGN AND FABRICAT ON SHALL BE BY DESIGN/BUILD WITH OWNER AND FABRICATOR E> EXTERIOR LIGHT FIXTURE FOR SONS TREND LIGHTING OD B2 WALL ARM WITH A13 SHADE PROVIDE INCANDESCENT LAMPING SMALL CLEAR JAR GLASS VAPOR TIGHT ENCLOSURE WHITE ARM AND SHADE FINISH 1=> SGNAGE SIGN W TH BRACKET/LIGHT F %TURE BY OWNER SIGNAGE DESIGN TEXT AND FONT SHALL BE SUBMITTED FOR APPPROVAL WITH BUILDING OWNER BUILD OUT PERMIT SUBMITTAL l=> 51GNAGE FLAT BLACK RAISED LETTER SIGNAOE OVER PLAT PANEL TEXT AND FONT SHALL BE SUBMITTED FOR APPROVAL WITH TENANT BUILD —OUT PERMIT SUBMITTAL FOR BUILDING OWNER AND MAIN LEVEL TENANT E> REFUSE/RECYCLING ENCLOSURE 5 HIGH RAL AND P CKET FENCING WITH SWING GATES 19 CONDENSING UNIT SCREEN 3 6 HIGH RAIL AND PICKET FENCING 20 FLAT PANEL SIDING FINISH IX W11H 1X3 COMPOSITE OUTSIDE CORNER TRIM BOARDS AND 1%4 INSIDE CORNER TRIM BOARDS OVER JAMES HARD E BUILDING PRODUCTS HARDIPANEL SIDING PROVIDE iXB COMPOSITE HORIZONTAL TRIM BOARD AT UNDERSIDE OF WINDOW SILL IN LIEU OF TYPICAL WINDOW SILL TRIM 21 DORMER RAKE/EAVE FACIA TRIM (X5 COMPOSITE TRIM OVER 2x4 SUBFACIA E> DORMER FACE 1X_ COMPOSITE TRIM CUT TO PROFILE OF DORMER FACE => EXTERIOR LIGHT FIXTURE TREND LIGHTING OD 82 WALL ARM WITH A27 SHADE PROVIDE INCANDESCENT LAMPING SMALL CLEAR JAR CLASS VAPOR TIGHT ENCLOSURE WHITE ARM AND SHADE FINISH LARSON BRENNER ARCIIITECTS 901 ORT FOUR1 5 R 1 SILL TER 01 5 032 eTev on 65 30 0056 F 65 39 79 L R 0 OREN ER® S COII C sr on R 0 Deur m A 09/22/04 CO STRIIC ON KG /02/04 CONSIRUCTON PKG �1 07/09/04 Lamm son Oro. DAD ereL er11h cot I the do Wec T SO' d vt Oral ed Dy m and my d ec D on on ih 1 du m y ed A ch ect uncle, o. the 1 nines S'9oect Rev Xn Pr lee ill AMERICAN CLASSIC HOMES LIBERTY VILLAGE OFFICE BULDING Aee Ttt EXTERIOR ELEVATIONS Ghee N m6er A3.1R =NZ 91.201 6Y"°E0Ci A9, -,Shartell* • .1' • -; ..•.;; r's v•<7 la-, .•• • • • . • ' ; - ,••:"2" • ' - • — • r L. Y X \ \ L A SCALE. 1"=50' al-- 'dolt PROPERTY. LIBERTY VILLAG CONCEPI SITE PLAT TIFICATIONI I Imely teeth de this pia,: vet perpoled II mem vadat my dam want -Mao gad the I ea a duty P4,60.11.amear•e Ach= ol ihe State ol Minaret, S•eneree H. Mate Permee D. Dt.11421.44C.D OFF.A6.1 !.!C fri r:11 IDATT.—; DESIGNED CHECKED • DRAWN TRANSMITTED • '''''rrrri-rr,""111.! 0 2002 PUTMAN Pt ANNIND & DESI ▪ .1.••••. i6 aver411 srmyemeat =0= le try al twat. VC; toV'm .1.aj.E.D,DIL,rlecetel1, L ▪ nor ea" of alio. copra. •fleleaaIl.^.."" PP&D•001 <Ikea above ret_vvion.Lr. 00CrNtalltitYki iAN. `INTINTIN RIG.1•\ 11.1 F..vcrsurr- Dr:‘,.. Naar, Hudson, •• pins : (71015,6eor E Moil: pu:monkpaceszev .- err, pumenplonnIngand•itsv vastosiogkIIII ohs s 3s4 antes a9UoN 0 wi {r ,o No? anivm Wrvot• 01 s*V I CD N z z m z to CO w CO lv- sgyyp rr4 'e 4. S Ir,+. 4'" •'sl• 4800 COTTAGE GROVE DRIVE WOODEGIRY TON $5148 PR0.IECT. AM+ApIue4 ClA*sio Ebyiteh PFP1cE TITLE: 1.0414Decor INAN DATE Rio p, SCALE 1 L 1O 1 DRAWN BY 14.1. REVISIONS , r1 4 Y' 11,:!„,H i 11' 1 'I II II Ilt. III I 1 li 1 I oil 111' ' 1 II Iii 1 li ii t 1 11 11 II 11 I i' I We the undersigned residents of Liberty On the Lake support a zoning variance to allow Liberty House Cafe & Creamery to operate a coffee and ice cream shop at 145 New England Place Name 71 iCee,(_ozd t;)Leitill 0704/ L,,A .�laisv\ K Ge(kfk a� vVot Ow r/Yl0( c rnr1►vor, 5v\\ \e, J A( r4o+V\ 6 Address 4. 35S � jjj3 Lam. 53O eUY 1 Chu,. Sitt{S eten rei T1 LID-4 Picot] (weer\ 67Y E evl Cov/7L- ( kJ> ?cl ,�q /t heii1 t1 54c E 4/./ E b 510 aP -Eh C j We the undersigned residents of Liberty On the Lake support a zoning vanance to allow Liberty House Cafe & Creamery to operate a coffee and ice cream shop at 145 New England Place Name uwu�'71 rAMU cttr,a) clad WAD WaiMi Tr14/1(•) Address - )ac u`i iu-Gree Id`! ku4.64et-fvtiQ -Fy30 bi4/4 'obit 429 idLy tak_G(ci (31 W2A /JTiari, L Toil Pine ITccll 5 /q - l �, l( 11-7-7 I f i nevi- v (A I ) V( 1 ,VD3 Talpinct.-Tikeiu,SL 3L/(;o,,goe/9-citac.A/Pe 31/03 74cirriC 7711JC, 7-eW(ek. Tv( 3Y-11 /'70 (7'6e14,, f ,wy We the undersigned residents of Liberty On the Lake support a zoning vanance to allow Liberty House Cafe & Creamery to operate a coffee and ice cream shop at 145 New England Place Name Address 2,t-e. Jr CLi'LvIA Bcn. ARa..: o) WI I t'' Pam. . tam, S 4/g" Ira,/ 3S /1Ae(-)voe S / 572, Jews r 6-ay .53-7 3 - eDuli lam, 2-0 3 gaLa v-fev-� Kfta tt 1-1‘ p(AikeA/k, V9S 14, ,,,,) We the undersigned residents of Liberty On the Lake support a zoning variance to allow Liberty House Cafe & Creamery to operate a coffee and ice cream shop at 145 New England Place Name '32 Giryv4 ct Cain d 1,p11-4 �iCa/vj )162AAA., ?LAO,' \\/ `.°'114 -1194/10 qtt ALA-1-4 gwils Address , C A. .►-►+5 k4 . 145 D a v v e 5-1- e1,Y--e v1 �{ U WAvr(7)— Lor- AfueS 4- ckc-- 1.4? VV ew- (441U- (-611-\IC `J1fee tJ /� v'1 c ti =ti c' � % f �-�- 3��( .r:frk4/1(A:0 36 zs- rFE/ Li)a 7 aS 4 ?)/ Sb F8 or- 6iLiEA,t (iu &u 36Y5 (QL 3 s; , wiry s o 0eAMn TrAiI YG I /7('V< 1 G� �199 Hat,si!C,��n/ 43 7f 1 tic2/ L We the undersigned residents of Liberty On the Lake support a zoning variance to allow Liberty House Cafe & Creamery to operate a coffee and ice cream shop at 145 New England Place Name -S-0\{ Card jJ(\ DrC f S �j C5C\ka,\&i,Iy., k,), 44,75� t i-K__ 1�. "77- -11A--4--4-47 Ethz -e()L-2-0/ 1 brilL— <- Sh rL , eI/Vs/ ItAt CA' f1 (! Sa-t/-4-t" vA,Ji( Li/ L1- Address 30> /wink i rr cP I 3660 I`! 5 (/J A, t e; 3 S 3 c1 / n y � ` qg, fie tiv - 7 f vJ 4 ). (---'1))3le d Oad J -z)()Plc n4V L 1, J /% rAiltry We the undersigned residents of Liberty On the Lake support a zoning variance to allow Liberty House Cafe & Creamery to operate a coffee and ice cream shop at 145 New England Place Name \\ Z(L )t Lit ( 6vi YV \UL k 35 is lair gu,? pL Atom 35 r9' 1— ciL 6 -70 Li.- 4\ r_ . 3 COI/Li q—k) 30--) (Ac\dtitA,, c ( c _sue (X(NJ Cr We the undersigned residents of Liberty On the Lake support a zoning variance to allow Liberty House Cafe & Creamery to operate a coffee and ice cream shop at 145 New England Place Address ��i) (D�t /r,( ZS) I 4E- Jr ,(/ fi 7 PLANNING APPLICATION REVIEW FORM CASE NO SUB/V/05-17 ?fanning Commission Date May 9, 2005 Project Location 213 North Greeley Comprehensive Plan District• Single Family Zoning District RB Applicants Name Jon Mulack Type of Application Subdivision and Variance Project Descriptions The request is to subdivide an existing lot into two nonconforming Tots (7,500 square feet required and 6,462 and 6,447 square feet requested) Discussion The request is to subdivide a 12,902 square foot lot into two substandard Tots The Tots do not meet the 7,500 square foot lot size requirements of the RB District No unusual circumstance related to the site provide a reason for the request The existing lot is used as a single family site Recommendation Denial Attachments Application Finding The request is not consistent with RB Zoning Ordinance lot size requirements PLANNING ADMINISTRATION APPLICATION FORM COMMUNITY DEVELOPMENT DEPARTMENT CITY OF STILLWATER 216 NORTH FOURTH STREET STILLWATER MN 55082 Case Noy `50614 , 7 Date Filed is /s/fir Fee Paid /DD Receipt No ``��! I/„ S ACTION REQUESTED Special/Conditional Use Permit X Variance Resubdivision Subdivision* Comprehensive Plan Amendment* Zoning Amendment* Planning Unit Development * Certificate of Compliance The fees for requested action are attached to this application *An escrow fee is also required to offset the costs of attorney and engineering fees The applicant Is responsible for the completeness and accuracy of all forms and supporting material submitted in connection with any application All supporting material (1 e , photos, sketches, etc) submitted with application becomes the property of the City of Stillwater Sixteen (1 6) copies of supporting material is required If application is submitted to the City Council, twelve (1 2) copies of supporting material is required A site plan is required with applications Any Incomplete application or supporting material will delay the application process PROPERTY IDENTIFICATION Address of Protect 213 Greeley St North Assessor's Parcel No 28 030 20 32 0008 (GEO Code) Zoning District RB Description of Project Regarding Subdivision of Land see attached "! hereby state the foregoing statements and al! data, information and evidence submitted herewith in all respects, to the best of my knowledge and belief, to be true and correct. 1 further certify I will comply with the permit if it is granted and used " Property Owner Jon M & Danette Mulack Representative Mailing Address 213 Greeley St. North City - State - Zip Stillvater,MN 55082 Telephone No 439-5310 Signature (Signature is rb uired) 50x129.1 SITE AND PROJECT DESCRIPTION Lot Size (dimensions) Land Area 6455 + 6447.5 = 12902 5 Height of Buildings Stories Feet 2 1 Mailing Address City - State - Zip Telephone No Signature 50x1 95 Principal Accessory (Signature is required) Total Building floor area square feet Ewsbng square feet Proposed square feet Paved Impervious Area square feet No of off-street parking spaces April 13, 2005 REQUEST Variance to Lot size Lot 10 to be 6462 5 sq feet Lot 12 to be 6447 5 sq feet To build a single family resident in a 7500 sq foot requirement distract RE Lots 10 and 12 , Blk 1 Greeley and Slaughter's Addition to Stillwater City We would like to split this Lot to the size of its original platted lots Our purpose is to eventually build a single family resident on lot 12 Per the attached plat map you can see that the requested lot size is common to this neighborhood All the highlighted lots are single family residents with similar lot sizes Having the ability to build on Lot 12 will not only increase the value of the neighborhood, but will add a additional taxpayer to the City and County We expect there may be some restrictions on any buildings erected The submitted Plat of the 2 lots shows the existing house on lot 10 and the proposed dimensions of new building on lot 12 New building will be in harmony and suited to the neighborhood Thank you very much for your consideration, Jon and Danette Mulack LINDEN 276 20 0 U 5 5 10 1 2 100 1 1- 10 1 18 m 2n9 �° 1 ti 9 2 I a r 8 7 6 5 4 3 p 2 8l R R Q m .... pw 6 �oOual �a 7 CO 8 3 �1 p 18 -I wl 19 VI ] J `� � 25 QI �i Si 7 4 F- > 1727 is (0134) 7 1 1 r �I 10 11 12 13 14 61 6 �i 6 5 IIP St' Z �LI t 13a I s5 zo 5 0 zo zo s 4 5 I S 4 s I 5 + s WEST MULBERRY Location Map STREET 2tl5 ry NORTH STREET 6 1286 12BB C 116 126 7 8 5 53 440 16 'en , Q '° 1 �o w O J 26 116 (� 55 1 6s O. 18 55 1l 9 4 �} 2Bs 126 10 Q�126 3pz„ o T' p 16 I w }Liu I/'lu Vicinity Map Scale in Feet .vim wun.p.. cw�.r m w� ws urn vew. w.�.,a.�. co,sr s..r.. rn .n . no April 13, 2005 REQUEST Vanance to Lot size Lot 10 to be 6462 5 sq feet Lot 12 to be 6447 5 sq feet To build a single family resident in a 7500 sq foot requirement district RE Lots 10 and 12 Blk 1 Greeley and Slaughter's Addition to Stillwater City We would like to split this Lot to the size of its original platted lots Our purpose is to eventually build a single family resident on lot 12 Per the attached plat map you can see that the requested lot size is common to this neighborhood All the highlighted lots are single family residents with similar lot sizes Having the ability to build on Lot 12 will not only Increase the value of the neighborhood, but will add a additional taxpayer to the City and County We expect there may be some restrictions on any buildings erected The submitted Plat of the 2 lots shows the existing house on lot 10 and the proposed dimensions of new building on lot 12 New building will be in harmony and suited to the neighborhood Thank you very much for your consideration, Jon and Danette Mulack FU COPY yl/‘/os 67 67 op 81 IIp 1 N I �2I 8I f �l� 1289 `p 1 O t� � 21 2 n� Z 2 9 2 8 Q IJ 30 13 7 12 50 11 '6 3 70 2 W 5) J w 9 w 2 12 10 20 WEST 51 0 10 120 0 7 'ACATED 5 g 5 ou 5 5 8 7 6 5 4 IP9 • 4i. 01 0 > 5 5 5 7 LINDEN 276 120 20 120 10 1 8 10 6 6 5 0 34 55 20 5 0 20 20 WEST 8 • 17 31 21 • 1g �� 3 ^ • 25 32 7 lX (0134) 2 59 59 126 6 0 4Ip0 26 3 4 1 126 126 6 5 • 2 126 8 7 '6 16 ,0 2 9 6 26 12 00 26 16 8 A 5) 5) 5) 1:47 V A 2 26 I— 28 95 13 W ig ))/ 13 r. 26 28 8 !Y 128 8 (1) 1 E 10 FT VACATED BK 183 P 387 I5 415 41 5 4 5 5 20 8 7 6 5 4 3 100 ., 9 10 w 1 1 70 30 30 1 #00 1 297 I 8 I 2955 29 7 w 10p t.Ll 0 8 C 925 9 29 ow 16 130 15 15 5) 5) 400 30 2 "000 29 7 4 9 55 6 •00 29 8 29 5 10 29 12 6 126 55 5 26 47 (4 ( ) 55 12865 J (0 �� 18 f'0 9 26 5 1000I 126 ▪ 2 126 19 12 13 14 410 10 5 5 MULBERRY 26 C 26 4 26 8 410060 26 Epp. 1 26 26 UI 6 7 26 • VP-THOMSON 26 26 • 12 26 126 11 NORTH STREET 126 8 to, 28 5 2 Q ▪ r, 126 10 26 0`'Ca 26 )- 26 (11 ^^�'� w 2 7� 26 'i26 (\\ 126 1 Y wy 7 27 9 12 1 �'� ��1 �p 1 LL^ ,23 4 3 �� 1 26 1ze �i 2775dP 12775 2I WEST RICE STREET 126 �m441 25 I 2 U ZI iF 1 0 6 3 06 Ct ll.. 26 126 \2776 1276 z 5 26 .000. 7 (8 8 I A p o.l 2� Si r°°°0 �00w 26 266 27 5 jV( 27 5 126 126 114.9 0 5 70 1 SI 10 9 6 26�.. 3U 127 3 2 12 �00 0 12 0111 r R dn04.12 2 Z 26 5 J0 126 #000 14 Location Map 13 I0 ^ 14 30 271 5 26 254 13 6 14 71/0 126 7 9 26 11 26 13 4111 STREET 6 04r Vicinity Map 0 146 Scale in Feet To .O.. COMP 1•1. . anon.. en . sman,^ a w nona se want • e.n.giuCo., w nwPww n So. W..nwpm Canny Savoy. dr. Ono. ss l 16667 >u.rd W.4 �-6.00 wi ago.. 7e }CO 1 /0 0 • N e 40, - CIN y N iY h j r 21-VI I ZCo(0A- P �ro oGec, 12.49 (j 5t XZ54bry= 2411P4/ 03 Lo, l„ 1 S S0ft b 5o' x la,'r Z5 1-1€.t9thed 50+ Lime. LOT 2_ 5o x I z8 y5 (QL4L47 6 st• PLANNING APPLICATION REVIEW FORM CASE NO V/05-18 Planning Commission Date May 9, 2005 Project Location 1224 3rd Avenue South Comprehensive Plan District Two Family Residential Zoning District RB Applicants Name Jamie Stoudt Type of Application Variance Project Description A variance to the front yard setback (30 feet required, 12 feet requested) for the construction of a porch Discussion The applicant is asking consideration of a variance to the front yard setback to restore a 5' by 9' front porch Attached is a photo taken in 1950 showing a 5 foot by 9 foot porch Sometime after the photo was taken a larger screened porch was added, and later removed That porch extended approximately 8 feet closer to the street There is currently no porch on the front of the house and no access to the front door (see second photo) The proposed porch will not extend pass the front of the house The porch will look identical to the porch on the 1950 photo, except the applicant will install a railing and spindles along the east (river) side of the porch Recommendation Approval with conditions Conditions of Approval 1 All revisions to the approved plan shall be reviewed and approved by the Community Development Director Findings 1 That a hardship peculiar to the property, not created by any act of the owner, exists In this context personnel financial difficulties, loss of prospective profits and neighboring violations are not hardships justifying a variance 2 That a variance is necessary for the preservation and enjoyment of substantial property 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 the Applicant/Photos/Site Plan/Elevation Drawings Zoning District r 4.6-740 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 Permi X . Variance Resubdivision Subdivision* Comprehensive Plan Amendm Zoning Amendment* Planning Unit Development * Certificate of Compliance The fees for requested action are attached to this apphcat►on *An escrow fee is also required to offset the costs of attorney and engineering fees The applicant is responsible for the completeness and accuracy of all forms and supporting material submitted in connection with any 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 appbcat►on is submitted to the City Council, twelve (12) copies of supporting material is required A site plan is required with applications Any incomplete appl:catio supporting material will delay the application process PROPERTY IDENTIFICATION Address of Project i2o2 (/ 34,f (kLI S Assessor's Parcel No D, (leedrir GEO Code) Description of Project "I hereby state the foregoing statements and all data, information and evidence submitted herewith II respects, to the best of my knowledge and belief, to be true and correct I further certify I will comply the permit if it is granted and used " Property Owner —%ram,,,,, , lrr S '! o � off Mailing Address R©/a /1 11 TNa I G1/ 1 City - State - Zip L Q K.e E 1 410 414/ £509 Telephone No (a 5 I- 7 7 0- 3T 3 3 Signature ignature is required) Lot Size (dimensions) Land Area Height of Buildings Principal Accessory 6L x 131 Representative 5 a rn e, Mailing Address City - State - Zip Telephone No Signature (Signature Is required) SITE AND PROJECT DESCRIPTION Total Building floor area /7 la 0 square feet Existing / 7 6 0 square feet Stories Feet as Proposed square feet Paved Impervious Area 0 square feet No of off-street parking spaces 0 H \mcnamara\sheila\PLANAPP FRM Mav 1 2003 Porch Project Descr.ption 1224 3'd Ave S We are requesting a permit to restore the front porch / entry area of this historic 1882 Stillwater home to its original location and dimensions Per the attached photo (1) taken m 1950, there was a modest porch on this home to facilitate entry to the front door Some time after that photo was taken, a larger screened porch was added, and later removed, which extended approximately 8' closer to the street The second attached photo (2) shows there is currently no porch on the front of the house, and thus no access to the front door This permit and variance request is simply to restore the origmal porch, and the original look of the home The proposed porch will not extend past the front of the house toward the street That means this variance request is only intended to add access to the home at no closer proximity to the street than the house has had for the past 123 years This project will match the dimensions of the original porch (approx 9' x 5 ), and only change the look of the 1950 picture by the addition of a railing and spindles along the east (river) side of the porch This significant Second Empire home has been under renovation, and uninhabited, for years, and our hope is to change that as quickly as possible Thanks for your consideration 11 YtC — t r 4•.044 h k i7 2 .7k'f 1 ALA rY. �t7 tut 44, et t yl 1 7 Y — p— t r r } 1 a �.r ft4 �. ra ✓ ti BUILDING PERMIT APPLICATION CITY OF STILLWATER 216 NORTH 4TH STREET, STILLWATER MN 55082 DATE SITE ADDRESS ::- may avt OWNER �, ? _ Owners Name Ja 1,,,, , e Ski o u cl+ Street Address 8'0 / ,2 # f 1 7ra'► I ,V, City L A k.e E L., o State M A/ Zip S S rJ lid. Phone 6E7-770-s"337 bid 7B,-8/1,v Use of building re `I tj.e,"c_e CONTRACTOR Company Name 5 e )-c_ 0 i.(9vi c-2✓. Applicants Name Address City State Zip Phone State License Number City License Number Separate permits are required for electrical plumbing heating ventilating and air conditioning This permit becomes null and void if work or construction authonzed is not commenced within 180 days or if construction or work is suspended or abandoned for a penod of 180 days at anytime after work is commenced I hereby certify that I have read and examined this application and now the same to be true and correct All provisions of laws and ordinances governing this type of work will be complied with whether specified herein or not The granting of a permit does not presume to give authority to violate or cancel the provisions of any other state or local law relating constructio or the pe ormance of construction Gi (0-03' A''PLICANTS SIGNATURE DATE INSPECTOR SIGNATURE DATE w�3 CLASS OF WORK' �5 New Addition Alter Remove Move Repair x Brief Re, lac e f o r'c I o n Description he74.4.se to /Ore ✓',0y S of work d l w,ey h s: on SI ,I$Q�(11a c f Valuation of Si �e '�k I K ao work # h 3 00 — NEW CONSTRUCTION ONLY COMPLETE BELOW -- F ' ', Ia 7 b r 7 �'i ti. —Sr w . LEGAL DESCRIPTION (NEW CONST) A ,, Parcel 1 D No Lot No Block Tract € .;BUILDING NFORMATION. �k Type of Const uio l --Vrel ryie Occupancy Group/Division No of stories a Max Occupancy load SQUARE FOOTAGE CALCULATIONS 1st floor 990 2nd floor B 8 D Basement Finished Unfinished i Garage yo ., e Additional stories Fire Sprinkler Required YES NO _ �� FOR OFFICE FUSE ONLYY,;, Tt� Plan Review Yes Number of SAC units SOC Area No Yes No T32N T31N T3ON T29N T28N T27N R21W R2OW R19W ,Ilk IOUAREHERI 1U R22W R21W R2OW Vicinity Map 0 20 Scale in Feet This drawing Is the result of a compilation and reproduction of land records as they appear in various Wash ngto Co my offces The drawing should be used for reference purposes only Washington County is not responsible for any nac u acies Source Washington County Surveyors Offce Phone (651) 430-8875 Parcel data based on AS400 Information cunent through February 28 2005 Map printed Apnl 6 2005 S Ma)er:iCe late &X'r.tr'ior O t wi q _ tu be p 0 51 s 1, ; wg ►.� per,-4 Ctd�f dfc9 o f AA),51-t ,os v to fetal" 1f 1'1 " dee X 6 ' I- JR s'dewalk CAfi^ry (atli K q QQh{. p t -e SPIH 1 F$ taJ \\\ v IA) Jo s: d /t .fix►ckwo )o,tse- ?roposed tc.e54-oeR4 ion f E ).61 s4/J- aa' )o : Jel f PLANNING APPLICATION REVIEW FORM CASE NO V/05-19 Planning Commission Date May 9, 2005 Project Location 509 West Laurel Street Comprehensive Plan District Two Family Residential Zoning District RB Applicants Name Sheila Martin Type of Application Variance Project Description A variance to construct a garage and on a non -conforming lot (7500 square feet required, 5250 square feet requested) (Revised 5/3/05) Discussion The applicant is requesting consideration of a variance to construct garage addition on a non -conforming lot There are no other sheds or garages on the property The applicant can meet the required 5 foot setback from the side and rear property lines The applicant is demolishing a concrete slab that is behind her house and replacing it with grass The driveway will be gravel Making these alterations will keep the applicant within the 30 % impervious lot coverage that is permitted Recommendation Approval with conditions Conditions of Approval 1 The garage shall match the house in style, material and color 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 the Applicant/Site Plan/Elevation Drawings 32 48 00060 46 7 5 3 1 (0UW51 .3.---. .r---+ 096 I 8 6 4 2 cps-7) ems) 414441 2 46 48 48 46 l— cc 0 Z 60 50 8 2 15o 1 w 313 �J0 6 5 s m4, g 4*". 7 9 10 11 12 do I 4p ) 4 1 04) 44 05) do 061 5 8 50 50 50 50 50 t- 0 Z 0 14 13 4.) 0.) 40 12 4.,�.. pi r iii 31 AERIAL PHNy p,..,• 40 6 .... 40 40 5 4 0 _ 285 4V00 2 1 I STREET CL PER 19 22 85 AREA NO GEC 11 2 3 4o06 ) 4 ) 5 6 41008) 2 7 2 8 doon1 120 20 Location Map F a 0. a 0 8 415 8 45 166 166 7 15 5 6 102) 41 5 4 5 5 4 166 7 41 5 3 gpoa ) 415 41 5 4 8 2 0 LINDEN 4)5 5 5 5 5 5 205 • 415 a• r/ .a. -gyp 68 7 6 5 4 3 2 1 0 60 60 so 2 � 08) 3 41 001 4 • ) 8 6)14 5 • ) 7 O ) 8 50 8 t1° 50 9 ) 50 10 0 6) 11 4� ) 50 85 12 6 4285 4(� 32 85 10 42 85 285 14285 13 • ) 42 85 14 oxo) 4285 15 4265 42 17 18 42li 1 42 85 40 56 8 9 56 56 7 56 6 4265 WAF 5 9 8 10 — 4{001 ) 56 11 CPC.1 56 12 4P064) 56 13 tS°06 ) 56 1 56 42 5 612 25 11 10 42 5 25 7 R2IW R2)IW RI9W T3204 Taw C T31N TIIN naN „N jy 777N R_2W R_IW R20W Vicinity Map 0 156 Scale in Feet MrassIng.a ma ° allan and ay w*054)4 ,Cowl alro Ism droning ralerands P.>e...�, We, vi to 6 b naressebas or an amen... • w 164c4 Count m,...w Mb • 1 Parc axe an 0.5400 ink* ama00,0Mi 0 9290 2005 Map o.av mo r PLANNING ADMINIS1 rcATION APPLICATION FORM Case No V 0517 Date Filed a O� Fee Paid /,% Receipt No COMMUNITY DEVELOPMENT DEPARTMENT CITY OF STILLWATER ACTION REQUESTED 216 NORTH FOURTH STREET STILLWATER MN 55082 pedal/Conditional Use Permit Variance 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 appl,cant is responsible for the completeness and accuracy of all forms and su submitted in connection with any application All supportingPPort�es maternal submitted with application becomes the property of the City of Stillwater Sixteen (16) , photos, sketches, of ) supporting material is required If application is submitted to the City Council, twelve (12) copies of supporting material is required A site plan is required with applications Any incomplete application supporting material will delay the application process PROPERTY IDENTIFICATION Address of Project Zoning District n n Description of Project Assessor's Parcel Not- (GEO Code) Resubdivision Subdivision* Comprehensive Plan AmendmE Zoning Amendment* Planning Unit Development * Certificate of Compliance "I hereby state the foregoing statements and all data, Information and evidence submitted herewith in , respects, to the best of my knowledge and belef, to be true and correct I further certify I will comply w the permit if it is granted and used " Property Owner 3Y/h '7M-1 Representative Mailing Address 1 (j S Mailing Address City - State - Zip 7/ LL 4i ,(� Y ' ",J S—CO � \ ity - State - Zip Telephone No (Signature is required) Lot Size (dimensions) x Land Area Height of Buildings Stories Principal /;/F Accessory Feet Telephone No Signature (Signature is required) SITE AND PROJECT DESCRIPTION Total Building floor area square feet Existing square feet Proposed l G,,Dsquare feet Paved Impervious Area square feet No of off-street parking spaces H \mcnamara\shella\PLANAPP FRM May 1, 2003 0 A-V" • S-0 ? k) S 77 4 4/4--TE/2_ -47? ive--z .-;e, 4)5' /4-v1 _ ry 4-r-7%9f E -7V 7 / ,L/ kiz( 6hv J27 art' /�- ��G""u -22 6 4 4 LAUREL ST 42' 17 EXISTING HOUSE IS A 17 CONC. SLAB TO HE REMOVED ZIPUIED DRIVEWAY / 14 /// :::://// �NEW GARAGE 37 F 42' SITE PLAN ear 1 10 • 1111 4gi2 Pog 011 144 s(01 1122:51 g<R j aj3v� jF � i lG�9 g 0 A DRAWN By Bob Pope.Aagrx SfT6 PLAN SHEET NNMS042 1 JOB N WADER 920 t u i 11 u u I i n W W. W ___• 7 ] Sq l ovS�op ._= 14 -0 20.-0 34 -0" NORTH ELEVATION Scale 1/4 =1-0" ffdiiiiiIiiii 3-0" 9'0 24-0 15-0 WEST ELEVATION Scale. 1/4 =1-0' a !uhIII!Illh1r. EAST EL EVATION Seale. 1/4 =1.0' u n 1 34-0 SOUTH ELEVATION Scaly 1/4 =1-0° z F3z altJ prud 1 a vJ DRAWN sY sob Poptwl,agu.. LEVAT1ONS S H6ET N W.113ER A-1 JOS NL4M _920 PLANNING APPLICATION REVIEW FORM CASE NO V/05-20 Planning Commission Date May 9, 2005 Project Location 1501 Stillwater Blvd Comprehensive Plan District Business Park Zoning District BP-C Applicants Name Juha Thao Type of Application Variance to parking Project Descrapteon Request for a variance to the parking requirements for a restaurant Discussion The request is for a restaurant, primarily take-out with limited seating (6-8 tables) The commercial center does not have adequate parking for the size of the center (93 required, 69 provided) Restaurants have a higher parking ratio - 1 space per 120 or 100 square feet versus office 3 spaces per 1,000 square feet or retail 5 spaces per 1,000 square feet The center has not experienced a parking problem recently because of vacancies and business activity A condition of approval of a recently approved restaurant was that no more restaurants be allowed in the center (see attached 05-09 minutes and use permit) The owner has cooperated with the City in agreeing to a landscape upgrade schedule The parking requirement for a 1,506 square foot space is 13 spaces No sign plans have been submitted Signage requires design review The concern for parking is mitigated by the current activity of the center Recommendation Approval Attachments Application To Whom It May Concern I am requesting the City of Stillwater to permit Mai Thai Cafe to have up to 6-8-tables Mai Thai Cafe will focus on take out but would like to have the opportunity to get to know the people of Stillwater better by having them come in and dine We believe that parking would not be and issue and are open to any suggestions or feedback the City of Stillwater may have Juha L Thao Human Resource Specialist Target Corporation 1000 Nicollet Mall, Minneapohs,mn 55403 612 761 6120 Juha Thao @target com 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 442 l D Special/Conditional Use Permit Variance Resubdiwsion 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 applcant is responsible for the completeness and accuracy of all forms and supporting material submitted in connection with any application All supporting material (1 e , photos, sketches, etc) submitted with application becomes the property of the City of Stillwater Sixteen (16) copies of supporting material is required if application Is submitted to the City Council, twelve (12) copies of supporting material is required A site plan Is required with applications Any incomplete application or supporting material will delay the application process Address of Project PROPERTY IDENTIFICATION /b/ 5&/ tt. Zoning District 112-e., ) % (GEO Code) Assessor s Parcel No .7? 9 72 2' /' '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 1 further certify 1 will comply with the permit if It Is grant an used " /, Property Owner, Ltli a � 4.t Representative Mailing Address.cCA-6 4,4 ( /(a't(d PCI'S D Mailing Address City - State - Zip )N!3 7 /(�(4i ) 57(() City - State - Zip Telephone No tb�( .5b - W4,39 Telephone No Signature Lot Size (dimensions) x Land Area Height of Buildings Stories Feet Principal Accessory Signature (Signature is required) (Signature is required) SITE AND PROJECT DESCRIPTION ► ' C, � Total Building floor areal ") square feet Existing square feet Proposed square feet Paved Impervious Area square feet No of off-street parking spaces u a 0e/bee aS 0- STILLWATER BLVD U Of -4--rx_ app 15c 541-- �J Prr 1,0r70se r�sf. 3 _dS/)(7SI 4 1 A 7- F—"),7-7-)oj/ tg -ec2/ -/s °r2 (r2/ VD C-r"' \_,Ve 'duo, Th/ic )20 (S d-Th ,)/po 't)V -)-n43 )/ 1-0) p 0 `)-?-1)s )7L,? rorrygl� r� d_vq � �'-C ��8 n� )7cJ) S0-2r67-e pdpv re/m\h —put gpuo n , /1-) fRf ��.��� -mod fU� 1_97, 7z&v6 yv/(// -77o o L/1,(/ '12v7()L /9/w4 -17 z-//2za)-2,01,a--) ?-Y-73 1J( ("/1?7° 1-W-)At) A2jLTh 271764°S PiCop `r--,6',/-?'Y Pub (Yg -06 -c d-TS7 ti/ ry_, g/99 (jp-70 L--/o7o (?_L CITY OF STILLWATER PLANNING COMMISSION March 14, 2005 J Shelly Michaelis, 1341 Dallager Court, noted there have been past drainage problems in the area Mr Stahl noted that drainage will be directed to the front, there will be holding ponds, and there should be a big improvements over the current conditions regarding drainage Ms Michaelis also asked whether the plans meet lot size requirements and inquired about the price of home to be constructed The resident of 1241 Amundson Circle expressed a concern about side yard setbacks He asked about plans for an existing fence and about improvements to St Croix Avenue Mr Stahl noted that homes will meet the City's minimum side yard setback of at least 10' Mr Stahl also stated the fence and scrub trees/bushes will be removed, with replanting of new trees Mr Russell said St Croix Avenue will be improved and widened to 28' and the existing tum-around completed The resident of 1001 St Croix Avenue spoke of past problems with developers and problems associated with construction Paul Mahoney, 1331 Dallager Court, spoke of the possibility of someone constructing a $50,000 home on the property Mr Russell noted the City cannot specify the value of homes, but can only make certain the buildings meet zoning/code requirements Ms Michaelis reiterated her concern about drainage Mr Gag noted that approval of drainage/grading plans is a condition of approval Mr Russell also pointed out that part of the setback is to accommodate the natural drainage, infiltration ponds also are part of the plan There was some discussion of the 75' lot width requirement Mr Russell stated that requirement is as measured from the house setback Mr Gag suggested the 75' width requirement be reiterated as a condition of approval Mr Dahlquist asked who would be responsible for the cost of improvements to St Croix Avenue, Mr Russell said the developer is responsible for that cost Mr Middleton moved approval with the four conditions of approval as recommended by staff, with the additional condition that the lots be a minimum of 75' in width at the house setback Mr Teske seconded the motion, motion passed unanimously Case No V/05-09 A variance to the parking regulations (11 required) for a restaurant at 1491 Stillwater Blvd in the BP-C, Business Park Commercial District Gary Sukopp, applicant The applicant and his wife were present Mr Sukopp noted there are several vacancies in the center at the present time Plans are to have the business open from 4 to 9 p m weekdays and 4 to 9 30 p m weekends Mr Middleton stated he had dnven by the location and did not feel parking would be a problem Mr Middleton moved approval as conditioned, Mr Wald seconded the motion Mr Carlsen asked who is responsible for complying with the condition regarding landscaping Mr Russell 2 CITY OF STILLWATER PLANNING COMMISSION March 14, 2005 responded that is the responsibility of the center owner, he stated this application is a possible opportunity to get the center back to its approved condition regarding landscaping Mr Russell said condition of approval No 1 also is putting the center owner on notice that no additional restaurants will be allowed Mr Dahlquist pointed out there is a significant difference in the parking requirements and spoke of the potential for future problems Motion to approve as condition passed 7-1, with Mr Dahlquist voting no Other Items Annual review of Linder's Flower Mart Special Use Permit (Case No SUP/02-09) — Mr Teske spoke against renewal of the permit He said the Commission holds other local businesses to standards and ought to do the same in this instance He questioned the advantage to the community in approving the request, and he spoke of the negatives — aesthetics and the potential impact on local gardening businesses Mr Dahlquist asked whether signage is an issue, Mr Russell noted that this is a temporary use, so signage is dependent on what the Commission approves Mr Turnquist moved to approve the special use permit renewal, Mr Peroceschi seconded the motion Motion passed 6-2, with Mr Teske and Mr Gag voting no Annual review of Andiamo use permit (Case No SUP/88-60) and wharfage permit for the Gondola on the St Croix Gondola operator John Kerschbaum was present and stated he is anxious for another season Mr Middleton said the City is fortunate to have the boats here and spoke of the benefits to the local economy He stated he strongly supported renewal of the special use permit and moved for approval Mr Wald seconded the motion, motion passed unanimously Review of plans for Phase III annexation — Jay Liberacki of US Homes was present He said the developer had no presentation ready for the March 14 meeting He said as a result of meetings with the Planning Commission and Parks Board, the design team has been expanded He stated they would be ready for an additional presentation in 3 to 5 weeks It was decided to schedule a special meeting for 6 30 p m Monday, April 18 Adjournment Mr Middleton, seconded by Mr Peroceschi, moved to adjourn at 8 p m Motion passed unanimously Respectfully submitted, Sharon Baker Recording Secretary 3 ORIGINAL f f i I CITY OF STILLWATER Case No V/05-09 Permit Fee $500 Date Fee Paid 2/25/05 ZONING USE PERMIT Certificate of Compliance Rezoning Sign Special Use Permit X Variance Conditional Use Amended Planned Unit Development Grading Other Applicant Gary Sukopp 2241 White Pine Court Hudson WI 54016 Project Address 1491 Stillwater Blvd City/State/Zip Code Stillwater MN 55082 Property Description 32-030-20-24-0015 Zone District BP-C Permitted Use A variance to the parking regulations (11 required) for a restaurant (Murasaki Japanese Restaurant) Conditions of Approval 1 No additional restaurants shall be allowed in the Stillwater Boulevard Commercial Center 2 The landscaping for the center shall be brought back to its originally approved plan condition We accept the conditions of this permit We understand that any changes from these plans must be resubmitted for approval Own : r or ' epre 30?ss05 ate tative Community Development Di ctor 3/4as- Date This variance is granted pursuant to the zoning ordinance and is not a substitute for a buildmg permit A building permit is issued by the city building official after approval of the plans and payment of the building permit fee and state surcharge This variance will be null and void if the project that is permitted by this vanance is not completed within two years from the date the permit is granted ,_\,-,....e Carol F Watt Property Manager Tri-Star Management, Inc. 701 Xerua Ave So , Suite 250 Golden Valley, MN 55416-1028 Phone (763)923-7889 Fax (763)591 5015 April 12, 2005 c Mr Steve Russell Community Development Director City of Stillwater 216 North Fourth Stillwater, MN 55082 Re Corner House Shoppes Property Description 32-030-20-24-0015 Dear Steve PY As per our meeting of this date, we agree to do the following landscaping over a period of four (4) years Year 1 Year 2 Year 3 Year 4 Add two (2) Norway Maples at the north entrance of the property (See #1 on attached plan) Replace (2) Black Hills Spruce trees in the back of the building (See #2 on plan) Replace (2) Black Hills Spruce trees in the back of the building (See #3 on plan) Add (1) Oak tree (See #4 on the plan) If this meets with your approval please sign where indicated and return to me will then attach this to the Zoning Use Permit and have the owners sign and return it Thank you for your assistance Sincerely, CO ER HOUSE STILLWATER, LLC ,arr— Understood and Agreed By Steve Russell Community Development Director Dated ORIGINAL CITY OF STILLWATER Case No V/05-09 Permit Fee $500 Date Fee Paid 2/25/05 ZONING USE PERMIT Certificate of Compliance Rezoning Sign Special Use Permit X Variance Conditional Use Amended Planned Unit Development Grading Other Applicant Gary Sukopp 2241 White Pine Court Hudson WI 54016 Project Address 1491 Stillwater Blvd City/State/Zip Code Stillwater MN 55082 Property Description 32-030-20-24-0015 Zone District BP-C Permitted Use A variance to the parking regulations (11 required) for a restaurant (Murasaki Japanese Restaurant) Conditions of Approval 1 No additional restaurants shall be allowed in the Stillwater Boulevard Commercial Center 2 T landscaping for the center shall be brought back to its originally approved plan condition _) ce .�J, c 4 /i /o We accept the conditions of this permit We understand that any changes from these plans must be resubmitted for approval a.s2J p Owner or Repres/entativ r/ ir.-/ s Community Development 1 rector 1/2-Was— Date This variance is granted pursuant to the zoning ordinance and is not a substitute for a buildmg permit A building permit is issued by the city building official after approval of the plans and payment of the building permit fee and state surcharge This variance will be null and void if the project that is permitted by this vanance is not completed within two years from the date the permit is granted CC. )--Nc Tri-Star Management, Inc. 701 Xenia Ave So Suite 250 Golden Valley MN 55416-1028 Phone (763)923-7889 Fax (763)591 5015 April 12, 2005 Mr Steve Russell Community Development Director City of Stillwater 216 North Fourth Stillwater, MN 55082 Re Corner House Shoppes Property Description 32-030-20-24-0015 Dear Steve As per our meeting of this date, we agree to do the following landscaping over a period of four (4) years Year 1 Add two (2) Norway Maples at the north entrance of the property (See #1 on attached plan) Year 2 Replace (2) Black Hills Spruce trees in the back of the building (See #2 on plan) Year 3 Replace (2) Black Hills Spruce trees in the back of the building (See #3 on plan) Year 4 Add (1) Oak tree (See #4 on the plan) If this meets with your approval please sign where indicated and return to me I will then attach this to the Zoning Use Permit and have the owners sign and return it Thank you for your assistance Sincerely, CO NER HOUSE STILLWATER LLC 9 01--- Carol F Watt Property Manager Understood and Agreed By/��-- / Steve Russell Community Development Director Dated tXIST1NG uMmAGE COMPL X 7 6Coct s 1 f 2 SIN I 4111111 1111, PLANNING APPLICATION REVIEW FORM CASE NO V/05-21 Planning Commission Date May 9, 2005 Project Location 2401 Creekside Court Comprehensive Plan District One Family Residential Zoning District RA Applicants Name Lance Thomas Type of Application Variance Project Description A variance to the front yard setback (30 feet required, 28 43 feet requested) for the extension of a front porch (Revised 5/3/05) Discussion The applicant is requesting consideration of a variance to the front yard setback to extend a front porch 25 inches The applicant would build a cedar wooden deck overlaying an existing concrete slab and extend it 25 inches farther Currently, the concrete slab is four feet wide Extending it 25 inches more would enable the applicant to put a small cafe style table with chairs on it comfortably The deck would have one 20 foot long single step approaching it Recommendation Approval with conditions Conditions of Approval 1 All revisions to the approved plan shall be reviewed and approved by the Community Development Director Findings 1 That a hardship peculiar to the property, not created by any act of the owner, exists In this context personnel financial difficulties, loss of prospective profits and neighboring violations are not hardships justifying a variance 2 That a variance is necessary for the preservation and enjoyment of substantial property 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 2 That the authorizing of the variance will not be of substantial detriment to adjacent property and not materially impair the purpose and intent of this title or the public interest nor adversely affect the Comprehensive Plan Attachments Application Form/Site Plan/Elevation Drawings • 366 00 OUTLOT A afro Location Map STILLWATER TOWNSHIP 114 13 250 00 CITY\OF STILLWATER 120 52 6 1 5662 8118 S/OF COURT gi OUTLOT B 47, 35 25 W 0 (n Y , ce o 265 33 EAGLE RIDGE T 156 08 152 99 108 57 149 40 MEApo 63 00 ADDITIQN 163 00 309 49 TOWNSHIP 7 303 94 STILLWATER TWF 4510 NEAL MEA � I» CITY OWS 2ND ADMITIO✓J R_ W R_1W ILOW Viclndy Map Scale in Feet erg m w. Co. offices ha p.m. 2035 map proud Ppril 2005 PLANNING ADMINI. RATION APPLICATION FOR _ COMMUNITY DEVELOPMENT DEPARTMENT CITY OF STILLWATER 216 NORTH FOURTH STREET STILLWATER MN 55082 The fees for requested action are attached to this application *An escrow fee is also required to offset the costs of attorney and engineenng fees The applicant is responsible for the completeness and accuracy of all forms and supporting material submitted In connection with any application All supporting submitted with application becomes the property material (i ems�, photos. sketches, etc) es of supporting material is required If apple at,on Isubmitted the to the City of tCouncll,ee en (ve (12) copies of supporting material is required A site plan is regwred with applications Any incomplete appircat,oi supporting material will delay the application process Case No Date Filed Fee Paid Receipt No ACTION REQUESTED Special/Conditional Use Perm' )t Vanance Resubdivision Subdivision* Comprehensive Plan Amendm Zoning Amendment* Planning Unit Development * Certificate of Compliance PROPERTY IDENTIFICATION Address of Project''nnZ`l t01 C 2 1-5/I)Lr' L Assessor's Parcel No Zoning District tA- Description of Project V L-`21,,a (GEO Code) y AND XT�-ev coralC^1ETe F/LDN T iJki/Z.L.W 77* c1 t�tL "I hereby state the foregoing statements and all data, Information and evidence submitted herewith Ir respects, to the best of my knowledge and belief, to be true and correct I further certify I will comply the permit If it is granted and used " Property Owner L4/ CC0 Representative Mailing Address 24vI C„ E--ILq/pC cT Mailing Address City - State - Zip Sri LUG., TFVZ AA/ S �' � L— City - State - Zip Telephone No fo1— I Telephone No Signat (Signature is required) (Signature is required) Signature Lot Size (dimensions) 6-11 x II 17 Land Area Height of Buildings Stories Pnncipal Z Accessory k Feet SITE AND PROJECT DESCRIPTION Total Building floor area square feet (J a,c, i�� Existing / 0 0 square feet Proposed tL square feet Paved Impervious Area ti k square feet No of off-street parking spaces N t\ H \ma amara\shella\PLANApp FRM May 1, 2003 April 21, 2005 Planning Commission Community Development Department City of Stillwater 216 North Fourth Street Stillwater, MN 55082 To Whom It May Concern I, Lance Thomas, am requesting a vanance in order to construct a front porch The porch I intend to build will be a cedar wood deck overlaying a pre- existing concrete slab The porch will be fully supported by the pre-existing slab and other features of the deck as required by the Community Development Department I believe the wood porch will be much more appealing than the current slab, and by extending it 25 inches, it will be much more functional We plan on putting a small cafe style table with chairs on the porch so we can have a place to sit while we watch our children in the culdesac The current slab is only 48 inches deep, which is too small for such a set up My current plan, uses a single step, which is 20 feet wide and extends all the way to our sidewalk I believe this will not only make our front porch more accessible, but also appear more welcoming And finally, even though a variance is required due to the distance of the porch from our front property line, the porch will still be inside the confines of our pre-existing sidewalk and will still be a distance of almost 36 feet from the street It is because of the small size of this extension, that I don't believe it will adversely affect the neighborhood at all, in fact, I believe it will be a welcomed addition Thank You Lance Thomas 2401 Creekside Court Stillwater, MN 55082 CERTIFICATE OF SURVEY Survey for ;.yot Creekside OAKLAND CONSTRUCTION e° &e49 -"r 7-- Court 0 =2 48'33" 6 L=9 82 R=150 3 ii 0 4.5 0 r N 8T41'08" E --81 18-- 1i2 8 12 8 889 3 889 5 /27 7//N L/0//.24///1/ h mo)7� -888 3 0 888 5 Q-19773) 8895 w 0 ru 10 30 2 . ... 4 • • a a :- :• 4 a 8890 Driveway Drainage 5 % 1 0 �a886 6 r 8896 891 8 30 2 and Utility Easement 10 --91 00-- N 8T32'04" E 0 . O •� (�84 89 8 161 QD r. 4 4 I 891) i e a n 0 N a (p 0_ CD 889 4 0 cn O 5 l0 01 890 0 G l_E-6lC. _ / D Z- c t v-i -T' Sze'" fit( e X rew el.) • 3s q' 4 I / P211Pear ..1..i N / ptrve` A-1 v rq- r 1 C.)-1\ . . . . SLA- 3 PaR-LI • 2 x y L D c, ek. LA-c7. do art) 7-6 140v St (2'SP c i Ai 6) /NST 1,1,E Er'TH G•L.k'H1+� LI y C v 12 pps T A-c.E A-r .' — s PP6% t y4„ ►.J cize-Tc. Fttyr,Ai 47 zX� 2S _ z x Il J ci c r i, le r r4 E -, ►s Pic e r� z, A-T'r'04C,FIL 7tt 67-7(-, e , % P O E i,J 177-i S r—..,A,c&-cS rgEL % c14.67T'S ITo 1 'TP,\J 4 co.) GfZ{.TF r G48. - ` x F Eiv J P ►3 crE-D y s /6 C. P Pe.mc,t4 E) TO ,L -O Fi 1+ A t)e & LED6ee(2 i e e Z.X EJ ( C1 A.Tr- - rl z%z ST,--MiLe � Ai G�Uf� �2 ��� G�iLL ��tl -� t,� � i Z=Vie._._ cc e6- i .5. h Ent) AJ 4 Li / J #` ;TILE ,#1,,i,o6a.S 7 I a GLEAZAvv CJ Ga 1 T-14- Gel- / Ai C-7 +� S-r " `)1 '.: i T PAr6 AT 2; . u f P 6 4i CAC&ET A -PPE~ t 1-1<1e NEST- Poti.rr M A LL B v_ 11.1 AIU'A. ,1 J • 44AVE. rl PLANn s (Q z_ • -SP '9" p�v Of" APP�4x t, L3 I? 1 C ALLSNJ ,ice Pa ma rr ~� PLANNING APPLICATION REVIEW FORM CASE NO V/05-22 Planning Commission Date May 9, 2005 Project Location 1217 4th Avenue South Comprehensive Plan District Single Family Zoning District RB Applicants Name Kevin Grube Type of Application Variance to lot size Project Description The request is to construct a single family house on a substandard existing lot of record (6,600 square feet, 7,500 square feet required) Discussion The request is to construct a single family house on an existing lot of record The lot is smaller than the lot size requirements in the RB District The existing lot is 50' x 132' or 6,600 square feet The proposed structure meets setback requirements and the design of the structure is of a 19th century neo-traditional design with a front porch and attached garage behind the house This item requires City Council final decision The action of the Commission is recommendation to the City Council Attachments Application 04/22/2005 10 09 b514308810 CITY OF STILLWATEP PAciE 03 PLANNING ADMINISTRATION APPLICATION FORM COMMUNITY DEVELOPMENT DEPARTMENT CITY OF STILLWATER 216 NORTH FOURTH STREET STILLWATER MN 55082 Case No Date Filed Fee Paid Receipt No /boa ACTION REQUESTED Special/Conditional Use Permit Variance Resubdivision Subdivision* Comprehensive Plan Amendment* Zoning Amendment' Planning Unit Development Certificate of Compliance "An escrow fee is also required to offset the costs of attorney and engineering fees The fees for requested action are attached to this application The applicant is responsible for the completeness and accuracy of all forms and supporting material submitted in connection with any apphcation All supporting material (f 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 showing drainage and setbacks is required with applications Any Incomplete appbcatron or supporting material will delay the application process After Planning Commission approvals, there is a 10-day appeal period Once the 10-day appeal period has ended, the applicant will receive a zoning use permit which must be signed and submitted to the City to obtain the required building permits PROPERTY IDENTIFICATION 2 g Address of Project i 241 FQo4dr1►\ ��g-S Assessors Parcel No ✓�QJ4020Oi Q J 6 Zoning Distnct R$ Description of Project ✓ AP�1y� L (GEO Code) -77-) L- f7T 5 /LE ? "oo QVI P_Ep f 4 ' ao g-Qve-sr "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 1 further certify l will comply with the permit if it is granted and used " c-u RRE NT FirfVRt• Property OwnerC Nt4:) EE,{ (.tpN/ tli it �t�gE Representative /4i N c{RO ( K Mailing Address /91I0 . S 4RF. EI( ST sr e,42/o City - State - Zip ST/l-t-I�A"i h`(N ce)32 C Do NNA\ Mailing Address I%it0 S CAEELE ' Sr, ST'E*f Do City State Zip St1LLi-4kT-e r M 4 55682 Telephone No 6SI - 3 SI - / 3 3 / Telephone No - 357 - 1 3 3 / Signature Signature (Signature is required) (Signature is required) SITE AND PROJECT DESCRIPTION Lot Size (dimensions) 50 Y 132- Land Area Height of Buildings Stories Principal Accessory Feet H \mcnamara\shells\PLANAPp FRM April 20, 2005 Total Building floor area square feet Existing square feet Proposed square feet Paved Impervious Area square feet No of off-street parking spaces APR 22 2005 09 32 6514308810 Page 3 J1 II I_ll IlJl 11 p 11j1JIJ1111 1UJLLLUILL n Hit 1LIIL 11 Jill 1111J L it 1L 1l 1 1111 11J IJLJ1_JJ1 Lit Jil t 111111J111IIL111 I11l 11 It, 1 II 1W 1JUL1 11 — � 11! 1 LW It 11 Ul J l AIL'till 111.11 1 ifIII U111111 .1L11 111, 1. 11�JJ! 11,1LJ I�L�,11 j II 1111 Ly JJ I JlJlIIIIi!IIII liiliI lli_J :r REQUEST FOR VARIANCE I am requesting a variance to build a home on a lot that is 6,600 s f (50'x132') The city requires a lot to be 7,500 s f In this neighborhood the surrounding lots are the same size as the one I would like to build on It is the only variance request for this site I would like to build a 960 s f footprint two story home with a 728 s f attached garage The elevations, and the building plans compliment the surrounding homes, and would blend in with the historical architecture of Stillwater Thank you very much for your consideration, Kevin Grube 17 2 • 16 N 89°35' 12" E D5132 61 MEAS 132 00PLAT et t id v r Y 7'%/„ { ,10 rT; ti FY5l5TimG HOUSE 132 65 S 69c45'24" W 13 / (JL 0 Q 12 cC9 rr% 0 --SEE DETAIL "8" T - -SEE DET4 L "A" 6 7 4. 39 0 Cry 11 EXISTING GARAGE 0 z Pi 0 w EXISTING HOUSE FRONT YARD EXISTING CHAIN LINK FENCE (TO BE REMAIN) EXISTING WOOD FENCE (TO BE REMAIN) EXISTING r TREE (TO BE REMOVED) U EXISTING WOOD FENCE (TO BE REMOVED) 1i, 1 II II II I 1 I II II II I 1 II I II I I II I II I I j; -I 5QI-OR REAR YARD EXISTING GARAGE EXISTING HOUSE FRONT YARD 0 z gi y re X 0 w FOURTH AVENUE SOUTH o CENTER LINE OF STREET OEXISTING SITE SCALE 1 30-0' I 1 1 EXISTING GARAGE z> cocc xo w EXISTING HOUSE FRONT YARD Ili 1 1 9 I1 cl S. II I 1 JI L/ 1I I GP RAGE 9 w II r' A &o 1' F. It LI 4 N V ,, ,, II 1 PROPOSED II 1 Q HOUSE 26 -0° . 14 -0° Pt — Ib -0 1 1'-b PRO POSED iI i FOURTH AVENUE SOUTH CENTER LINE OF STREET 2 OPROPOSED SITE SCALE. I = 30aa REAR YARD EXISTING GARAGE EXISTING HOUSE FRONT YARD zw O 4 N _LLI Il 111 11J,_ 11t1, to il1J 11LL L WL_L J ILI1L11 1111 J LI 11 11LLL,_ 11 J W J) J11 III 1111 1 _llJ L111Lu_. 11 fll II 1L1L11111 ILI 11 I 8/12 1IJ1LLLtLW 1L U I.�; I 11 1L1,� 111, 11111 11 LULL, !ll1LJ1LL11 I 1 Li LLJJ L 1 ii 11 1I i1LU It II ILL 111E 1— L;»ii luu. LUJL1>i uJJJL u u 11 L1LJ11 ILI,t 111111IJI 11J11111JII1111LI0. 1 U11 J ILLA1LL11 hill, Lill LI11 L 1 6/12 r HARDI PLANK SHAKES ASPHALT SHINGLES DOUBLE HUNG WINDOWS �---r� HARDI PLANK LAP SIDING CEDAR TRELLIS 0- A A ■ _L\ a � o STONE VENEERED PATIO Q PROPOSED ELEVATION SCALE. ,1r 14. EXISTING GARAGE 0 zw r- 10 CC X a w EXISTING HOUSE FRONT YARD 1 EXISTING CHAIN LINK FENCE (TO BE REMAIN) EXISTING WOOD FENCE (TO BE REMAIN) EXISTING TREE (TO BE REMOVED) EXISTING -WOOD FENCE (TO BE REMOVED) 50'-0" J, O 6 CO REAR YARD EXISTING GARAGE -EXISTING HOUSE FRONT YARD 0 zw 1=> 10CC X0 w FOURTH AVENUE SOUTH CENTER LINE OF STREET PROPOSED SITE SCALE 1 = 20-0 O I I I I I I 1 I I I I I I I --1 EXISTING GARAGE 0 zw (Oit x0 w EXISTING HOUSE FRONT YARD O O 1 m I I I I 16'-0" 1 \ O CA -I-PROPOSED GARAGE 9 1 i r ®PROPOSED 9 HOUSE (741 ' 2b1-O 0 l 0 w O> a On 0_ 141-O" jt,cf i-O" 2S'_0" j /01 ' - 501-0" 3I_0"" F_ 1 I I I I REAR YARD EXISTING GARAGE EXI STING HOUSE \ FRONT YARD zw � X0 w I I FOURTH AVENUE SOUTH CENTER LINE OF STREET PROPOSED SITE SCALE 1 = 20-0 \ To Planning Commissioners From Sue Fitzgerald, Planner Date May 9, 2005 Re V/05-23 Case No V/05-23 — St Croix Orthopaedics - will not need a Variance • 4 PLANNING COMMISSIONERS NEWS & INFORMATION FOR CITIZEN PLANNERS Home Rules je akngig and land 1E41bn can reduce "ca'tastrophic ,64 tfo fity -41,session ct PkNI. wriugqtes /ire 'Value street &Rules s-- eretsrsociation hamni the 'Wore and more 4 z.". e. town , te_ i* 4 ;iz up the health 9f5tIM L satk ; ,Effective 4E00 g omilip*oner jjpf'ay of ligebye opinion r t " PLANNING COMMISSIONERS JOURNAL / NUMBER 58 / SPRING 2005 www plannersweb com FROM THE EDITOR FEATURES Home Rules inside this issue you 11 find an article by Alan Weinstein about homeowners associa tions — the benefits they often bring as well as their drawbacks We ve been struck by the enormous growth m the number of homeowners asso ciations nationwide In parts of the country its virtually impossible to find new housing thats not developed with a homeowners association For many community residents these days what their homeowners associa tion rules say is of more importance than whats m the zoning ordinance Interestingly you often hear people complain about too much local regulation and how no one should be telling them what they can or can t do with their proper- ty Yet restnctions which would cause an uproar or be unlawful if suggested for local zoning (such as telling homeowners what colors they must use in painting their house or if they re even allowed to display the flag or a political sign) are common in many homeowners association covenants and rules These rules can sometimes work against local planning policies To cite one exam ple a number of cities and towns m recent years have modified their zoning to make it easier for homeowners to have small low impact home businesses or offices Yet standard language in almost all homeown ers association rules bar use of the home for any business purpose While planning commissions usually don t have a say in reviewing specific home owners association policies (the CC&Rs ) it would be remiss to ignore their growing role _It is_certainlywithin a commissions ambit to initiate a broader community - wide dialogue — involving residents and developers — about association rules and their impacts That kind of open discus sion may even lead to better homeowners associations! Wayne M Senville Editor © The Risk of Wildfire by Ilene Watson Wildfires can be catastrophic for property owners — and communities But this nsk can be lessened with effective local planning and development policies ® Planning for Public Safety A Roundtable Discussion with Glynis Jordan Carolyn Braun Larry Frey and Lee Krohn Natural disasters and other emergencies put to the test how well a community has planned for the future A discussion of the role planning departments and commissions can play in planning for public safety ® Homeowners Associations by Alan Weinstein There has been an explosion in the number of homeowners associations in the past decade with an estimated four out of five housing starts today being part of an association Alan Weinstein takes a look at some of the benefits and disadvantages of homeowners associations and how their rules are shaping the lives of a growing number of people 10 DEPARTMENTS Forward Motion The benefits of street connectivity have received growing attention from planners Hannah Twaddell looks at whats behind this interest in interconnected streets ® Downtown Matters How do you size up the health of your downtown district? Kennedy Lawson Smith offers some insights 20 The Effective Planning Commissioner PCJ columnist Elaine Cogan provides an overview of ways by which planning commissions can gauge public opinion ..'s P L ANN IF)i Ci C O M M I S${, N {:, gam, Itii: Y, n ,� �4 art g -ter. ��-ti�?� ,A 'r`,�"'el8Q26�}-90$i R FaxQ26. �- � { �y,� fix, , . � � -��. mail' i o rannerswg e nt r. . ' X *pArtnersy�k, Vg) Sr � _.` Champlam,Plannmg Pr R g Bo4.4295. Bi~irlingtb I z15 G, totjtek essigi atiolVi ei 4 f t iit ��; a,z_ ttlf is �Equffry the seiivues of Fmt�... i lvf4sional --re dbe sougllL ' - PLANNING COMMISSIONERS JOURNAL / NUMBER v � K i r Tarr ri`c 58 / SP R i'IN yG 200-5 r ^ !' 6rkj} i T -,tit j J „ ( ,E^N4 `�,�tua..:t.K _ � 4 1/2i l 3 R T ?' t • ti FEATURE by Ilene Watson hundreds of miles away roared through the abandoned streets Water bombers and helicopters thundered continuously overhead There was an underlying sense of dis belief "This just can t happen' It did About 250 families lost their homes to the flames Kelowna British Columbia (popula uon 100 000) is just one on the list of many towns in North Amenca that have fought wildfires in recent years At the peak of Southern Californias 2003 wild- fires (affecting dozens of communities) more than 15 600 firefighters 1 900 fire engines 203 water trucks 43 air tankers and 105 helicopters battled the flames The Risk of Wildfire IN THE FIRESTORM a hot August night in , the City of Kelowna was illuminated in the eerie light of a raging forest wildfire stretched along the citys eastern flank Anxtous residents watched through the smoke as the intense heat sent flames spiraling up into the darkness Burning embers car ned on the wind fell from the sky over a mile from the fire Houses were etched in the glow of the advancing inferno then engulfed in flames and then gone The Kelowna Fire Chief called it a war zone Exhausted and choking back tears he described how dedicated fire fighters fought to save other people s homes as their own burned A steady stream of 30 000 evacuated residents flowed away from the eastern and southern sections of the city Con voys of fire trucks some coming from The August 2003 Kelowna wildfire descended over a ndge and moved toward the town Flying "water bombers made numerous runs The cost and devastation of the fire was enormous The outcome well over 3 500 structures lost 800 000 acres burned and tragically 22 people dead THE INCREASING THREAT OF WILDFIRE The threat of wildfire is increasing in North America More people are living in wooded areas or in developments con structed next to forestlands According to a report prepared by a panel of the U S National Academy of Public Administra tion communities are continuing to build into their nearby wildlands faster than defensible spaces are being created around them — and faster than local gov ernments are adopting and enforcing essential zoning and subdivi lion regulations ' Compounding the problem forests in western North Amen ca have been abnormally dry Environment Canada for ex ample indicates that southern Bntish Columbia went through its driest three-year period on record between 2000 and 2002 Last summer the U S National Weather Service reported that most parts of the western U S (about one third of the entire continental U S) were expenen cing from abnormally dry to extreme drought conditions Further exacerbating the threat of major wildfires has been the increasing amount of fuel building up in forest - lands in the form of dead brush dned grass and fallen tree limbs This fuel build up has occurred in large part because of the practice of suppressing natural fires — that is interfenng with the natural cycle by which fires periodically continued on page 4 1 Containing Wildland Fire Costs Enhancing Hazard Mitigation Capacity (National Academy of Public Administration January 2004) See also Resources sidebar on page 6 PLANNING COMMISSIONERS JOURNAL / NUMBER 58 / SPRING 2 0 0 5 Wildfire Hazard Reduction & Environ- mental Values in drier areas including much of the western U S many ecosystems have been shaped by a frequent natural fire cycle Ponderosa pines for example have evolved cones that open and scatter seeds after a low intensity fire The aggressive suppression of natural fires over many decades has altered the ecology of numer ous areas This ecological change is the result of a chain of events starting with the accumulation of dead tree limbs and the continued build up of underbrush which would otherwise have been thinned out by the natural fire cycle The resulting high fuel loads often result in devastating fires much more intense than would have natu rally occurred The hazard reduction strategies described in this article essentially involve the reintroduction of the effects of fire mto the environment through practices such as thinning trees and removing accumulated branches and dead brush Some would argue that these practices are inconsistent with valuing the natural environment More persuasive is the view that well planned wildfire hazard reduction simu lates many of the effects of naturally occurring frequent low intensity fires Wildfire hazard abatement is most effective when combined with other plan ping strategies such as locating new devel opment away from forested areas and avoiding rural lots that sprawl across the landscape The intention of wildfire hazard abatement is not to create a barren and empty environment Reducing wildfire hazard can be carried out in a sensitive and environmentally responsible way The Risk of Wildfires continued from page 3 clear away underbrush Overly aggres sive fire suppression means that when fires do occur they are often hotter more difficult to control and more catastro- phic The combination of decades of fire suppression a dry climatic pattern and mcreasing numbers of homes being built in or adjacent to forests has made the threat of wildfires a real prospect for a growing number of communities CHOICE & RESPONSIBILITY Is the choice of an individual to live in a naturally hazardous situation anybody elses business? Where the consequences of such a choice are borne only by the individual making that choice few would dispute that the responsibility for the outcome is solely that of the individ ual But can the same be said when an individuals choice of where to live imposes financial costs — and physical nsks — on others? When housing developments are con- structed in known fire prone areas many homeowners still expect that fire- fighters police and rescue workers will nsk their lives and use expensive equip- ment attempting to save their homes And in fact that is what typically hap- pens Moreover when houses in high fire nsk areas catch fire their embers can eas- ily spread the fire ultimately threatening neighbonng homes that are well outside forested areas Recognizing that wildfires can often pose a community wide risk more towns cities and counties are addressing the threat in their for new housing construction such as fire resistant roofing and siding matenals COMMUNITY PLANS AND DEVELOPMENT APPROVALS 1 Community Plans As most Planning Commissioners Jour nal readers understand the purpose of a community (or comprehensive) plan is to outline goals policies and strategies for dealing with a wide variety of land use and community development issues It is certainly appropnate for a plan to address natural hazards — indeed one of the primary justifications for planning and zoning is to promote public health and safety Many local plans for exam ple deal with the threat of flooding Sun- tlarly in communities with forested areas local plans can and should deal with the threat of wildfires Among the key questions that can be addressed • What wildfire hazard reduction meth- ods does the community currently use? • What methods are available but not being used? • How are fire hazards dealt with in the development review process? An important fnnge benefit the very process of focusing on wildfires through a commumty planning process can serve as an important educational foundation and help build public awareness and commitment to reducing fire hazards Components of the community plan- ning process for wildfires might include • Undertaking a community -wide wild fire hazard assessment An assessment can identify areas that are at high, medium or low risk in terms of wildfire hazard This provides the community with vital =planning=and=de--basline information=to-use—m decision - making There are some programs such as Landfire which use remote sensmg to help map wildfire hazard areas Landfire _ty costs) posed by is a federal mltiative to generate compre- wildfires— by con- hensrve maps and da[a describing vegeta- sidering a range of policies from pre venting sprawling rural developments to developing cntena velopment approval processes The goal is to reduce the haz ards (and communi- Lion fire and fuel charactensucs across the United States This information can supplement other locally developed data SC Resources p 6 • Developing goals and strategies for PLANNING COMMISSIONERS JOURNAL / NUMBER 58 / SPRING 2005 About 250 houses were destroyed in the Kelowna wildfire Many caught fire from the shower of burning embers and the intense heat — hot enough to easily melt vinyl siding reducing nshs to residential development to wildfire hazard areas In addition to iden tifying wildfire hazard areas the commu nity plan can set goals for reducing wildfire risks For example one goal might be to reduce the overall hazard on each property in a development from high to medium Strategies to accomplish this might include creating a defensible space of vegetation with a reduced fuel load around habitable buildings incor porating road layouts that allow for mul tiple accesses and turnarounds of sufficient diameter for emergency vehi cles providing adequate buffer areas and firebreaks and ensuring the presence of water supplies for firefighters • Identifying wildfire hazard develop ment approval policies Related to the pre vious point the community plan can identify ways of improving development review in terms of fire hazard reduction This can lead to changes in subdivision review cntena and building construction standards as will be discussed shortly • Prepanng wildfire management plans for local forested public parks Reducing wildfire hazards in parks is a good oppor- tunity for a local government to lead by example and demonstrate environmen- tally responsible wildfire hazard mitiga- tion techniques • Developing a strategy for funding the ongoing management of wildfire hazard abatement Trees grow and the fire hazard can increase over time Wildfire hazard reduction is an ongoing management and funding issue for local government • Ensure that the community has a com- plete and well practiced emergency plan When danger threatens people look to their local officials to keep them safe tell them what to do and deal with the men ace Emergencies happen quickly and it is important to have an effective plan already in place PLANNING COMMISSIONERS JOURNAL / NUMBER 2 Subdivision Review A communitys subdivision require ments can specifically address the reduc Lion of wildfire hazard Subdivisions can be designed in ways that reduce their susceptibility to wildfire Some key cnte na to consider • Roads in subdivisions in fire hazard areas should have dual access Any cul de sacs should be short and have turn arounds with a diameter suitable for emergency vehicles Residents or emer gency personnel can be in danger if a long single entry cul de sac becomes blocked Dual access makes it easier to get emergency vehicles in and people out • Ensure emergency access to forested areas within or adjoining the subdivision Firefighters cant fight the fire if they and their equipment can t get to it • Review the developments water sup ply and fire fighting services Water supply and fire fighting services should be ade quate to meet potential fire fighting needs There should be consideration for clearly marked water shut offs to facilitate continued on page 6 �P $hY� � ll��d5tln� e� r utih,edirfs .413r dck ly tyt 1 ref �j a i Q r4 f C ; y t� 58 k NG 0b,5 {Ks The Risk of Wildfires umunued from pa,t 5 control of the water supply to &imaged homes (in the Kelowni firestorm there w'is -I reduction in w-Iter pressure because of the difficulty in shutting off water flow to destroyed areas) The community may also wish to consider Resources • United States Forest Service National Wildfire Programs Data Base <www wildfire programs com> An extensive database of state and local wildfire hazard mttiga uon programs Also links to communities and organizations with policies and pro grams to reduce fire hazards on pnvate lands • Firewise <www firewise org> An excellent web site containing a wealth of resources on wildfire hazard reduction strategies Firewise is sponsored by the National Wildfire Coordinating Group a consortium of agencies and organtza uons including the U S Forest Service the National Association of State Foresters and the National Fire Protec non Association • British Columbia Ministry of Forests <www for govbc ca/protectlsafety/> The Ministry of Forests website provides valuable information on wildfire hazard reduction methods A copy of the manual Firesmart Protecting Your Community from Wildfire" can be downloaded from this site • Containing Wildland Fire Costs — Enhancing Hazard Mitigation Capacity <www napawash org/Pubs/Wildfire jan04 htm> A 2004 report by the Panel of the National Academy of Public -- Administration The report prompted by the widespread forest fires of 2002 and 2003 includes a detailed review of issues related to wildfire hazards and their mitigation • British Columbia 2003 Firestorm Provincial Review <www 2003firestorm govbc ca> An extensive provincial government report that outlines wildfire hazard issues and includes recommenda tions on emergency management and response investing in a portable high volume sprinkler system and four wheeled drive emergency vehicles capable of off road travel • Create and maintain firebreaks A firebreak robs an advancing fire of fuel and provides a way for emergency per sonnet to more easily access the forest Firebreaks can be incorporated into the layout of a subdivision • Undertake wildfire hazard reduction measures at the forest interface Thinning trees and removing debns can reduce the fire hazard threat The risk of a fire spreading to houses within a subdivision can also be reduced if there is an ade- quate buffer between the houses and any adjoining forest A buffer can take the form of deep and long backyards (with certain building fencing and planting restrictions in this buffer area to facilitate emergency access) or be provided as an open space greenbelt surrounding the subdivision • Consider the placement of restrictions on the form of new construction Subdivi- sion regulations can require the use of fire resistant materals in new housing in fire hazard areas (some communities might use their building code for this as noted in the next section) The regula tions can also call for conditions of approval or covenants to ensure the long-term maintenance of firebreaks and other open space buffers within the development If a community decides not to address wildfire hazards within its general subdi vision requirements it may still want to require developers to obtain a profession al wildfire hazard assessment in order to evaluate risks and then obtain profes sional-recommendations-for_reductng potential wildfire hazards 3 Buildmg Construction Building codes and permits can also help ensure that construction in fire haz- ard areas is designed to reduce the risk of damage in the event of fire • Require the use of fire resistant build ing materials for roofing and siding Vul nerable roofing and siding materials are the two principal causes of losing a building to wildfire • Limit ways for burning embers to enter buildings This can include requir- ing exposed framework be enclosed in areas such as eaves under balconies or on the underside of carport roofs The installation of windows resistant to shat- tenng or the use of shutters can prevent embers from entering through broken windows Similarly spark arresters on chimneys can prevent embers from entenng (and also from leaving) a lit fire place • Fire resistant landscaping practices around buildings Fire resistant landscape practices are especially important within the thirty foot area surrounding a house 2 This Includes removing and thinning trees (as trees next to buildings can act as a ladder for fire) removing tree branches close to the ground and avoiding bark or woodchip mulches Incorporating fire resistant landscape practices does not mean creating a stenle looking environment It can be as simple as using crushed stone rather than flam- mable bark mulch or planting deciduous trees (like mountain ash maple or birch) instead of coniferous evergreens eucalyptus or acacia Using plant mater ial that is more fire resistant can still result m aesthetically pleasing landscap- ing while significantly reducing fire risks In our planning department (for the Regional Distnct of Central Okanagan) handing out a building permit applica Lion is also an opportunity for educauon Building permit application materials include recommendations on how to construct a fire resistant building and install fire resistant landscaping The ideas are simple and inexpensive espe- cially when incorporated early in the design-ofa building WORKING TOGETHER Wildfires often are not considerate enough to respect jurisdictional lines drawn on a map Moreover when it 2 A thirty foot penmeter around buildings is consid ered the high priority protection area throughout North Amenca For more information see the Bntish Columbia Ministry of Forests publication FireSmart Protecting Your Community from Wildfire available at <www for gov be ca/protectlsafety/> or the Fire wise website at <www firewise org> PLANNING COMMISSIONERS JOURNAL / NUMBER 58 / SPRING 2005 • Managing the Forest While not the focus of this article the exposure of communities to the risk of wildfire is also affected by how large forests are managed An impor tant issue is contending with the unnatural excess of fuels in North Amencan woodlands as a result of government policies to aggressively suppress natural fires The Province of British Columbias Firestorm 2003 report indicates that maintaining this approach carries considerable nsk3 The report recom mends that the control of wildfire haz and be broadly Incorporated into forest management practices Controlled burning selective logging changes m silvicultural practices and the plant ing of less fire prone species are cited as Important tools to control wildfire nsk in the forests around our commu mties comes to dealing with wildfires multiple government agencies are frequently involved This can be beneficial as differ ent agencies bring different areas of expertise into play However from a regional perspective it is important to take a comprehensive and coordinated approach to wildfire hazard mitigation Regional planning efforts can be effec tive A good example is the Greater Flagstaff (Arizona) Forests Partnership The Partnership has brought together 27 environmental and government organs zations dedicated to researching and demonstrating better approaches to for est ecosystem restoration The group has developed management plans for the pine forests around Flagstaff Goals include the reduction of fire fuel and the protection and restoration of the natural environment On the national level Firewise a program developed by a consortium of U S wildland fire agencies provides a wealth of information about reducing the hazard of wildfires The Firewise Community program also can help 3 The report is available at <www 2003firestorm gov be ca/firestormreport/> localities develop strategies for dealing with wildfire hazards Resources Local community efforts remain crib cal to reducing wildfire hazards — and education is key Every time a resident comes in contact with local government there is an opportunity for education Besides typical approaches such as posters fliers and informational meet- ings consider other ways in which the importance of wildfire hazard reduction can be promoted For example does your community have a yard or garden waste pick up program? If so in publiciz- ing that program also point out that wildfire hazards can be reduced by clearing the ground of dead leaves and needles and by removing dead and low branches from trees — with the added benefit of having it all carted away as yard waste at no extra cost SUMMING UP In too many cities towns and regions the results of wildfires have been cata- strophic Once a fire starts there is no choice but to play the hand you ve been dealt Wildfire hazard mitigation focuses on developing fire resistant" communi- ties by locating new development in lower risk areas and adopting site design landscaping and home building practices to reduce fuel loads provide effective fire breaks and make use of less flammable building materials By identifying wildfire hazard mitiga- tion strategies through the planning process — and incorporating them into local zoning and subdivision regulations — communities can stack the deck in their favor • Ilene Watson MCIP AICP is a planner with the Central Okanagan Regional District Planning Department in Kelowna British Columbia Her pre vious articles published to the Planning Commission ersJournal include Listen t (PCJ #51 Summer 2003) An introduction to Urban Design (PCJ #43 Summer 2001) and An Introduction to Design Guidelines (PCJ #41 Winter 2001) Watson is also a certified landscape architect Talung a Closer Look Planning Tools Taking a Closer Look rticles that provide an excellent introduction to the basic tools of planning the comprehensive plan zoning capital improvement pro grams and subdivision regulations Plus articles on maps & GiS commu nity visioning citizen surveys and more (13 articles 52 pages) Now available for $23 00 ($20 70 for PCJ subscnbers) Either call our office at 802 864 9083 or order from the PlannersWeb plannersweb com/tools html PlannersWeb City&&RcgionaIPlaiiniitg Resources Read excerpts from more than 250 articles published in the Planning Commissioners Journal Most articles can also be ordered and immediately downloaded to your computer PCJ subscnbers receive 10% off on all orders NI t_L � www.plannersweb. co in PLANNING COMMISSIONERS JOURNAL / NUMBER 58 / SPRING 2 0 0 5 FEATURE ROUNDTABLE DISCUSSION: Planning for Public Safety Editors Note In this "roundtable discussion planners Lee Krohn Glynis Jordan Larry Frey and Carolyn Braun focus on some of the issues involved with planning for public safety Underpinnings Lee Krohn Most state planning and zon mg enabling statutes provide for the protecuon of public health safety and welfare Indeed many of our environmental pro tecuon laws rest upon that same foundation Proper sewage dis posal creates more sanitary liv- ing conditions Air pollution rules seek to prevent the Intense problems first witnessed dung the industnal revoluuon Build ing setbacks are based in part on allowing for natural sunlight air circulation and fire protec tion "Public health safety and wel fare" can also mean planning for disasters whether natural or man made planning to avoid these problems or planning for management after the fact These might include blizzards floods humcanes oil or hazmat spills train wrecks at road cross ings long term power outages or other challenges As always its better to avoid these problems where possible For example flood hazard regulations seek to ensure that buildings are reasonably located to avoid foreseeable problems Limits on impermeable land cover seek to minimize storm water runoff and allow for natural recharge of precipitation Unfortunately many of these issues are decided in a fragment ed manner at the local level though impacts are felt over broader areas Given the intensity of urban development in many areas it should come as no surpnse that flooding problems are increasing in extent and seventy Similarly population continues to increase dramatically in the southeast yet many seem surpnsed at the ever increasing damage esti mates when very predictable hur ncanes blow through Unfortunately there is a significant discon nect between cause and effect Roles & Relationships Lee Krohn Theres also a general dis connect between the role that planners can play and whos responsible for dealing with issues Typically disasters are viewed as emergency management con cerns with lead roles played by EMS officials (police fire and rescue) These folks do play cnt ical and much appreciated roles in all hazard management activi ties At the same time as plan ners — with our eye on the big picture — we should be in a post non to help our communities avoid problems manage them and learn from our experiences Larry Frey I think what causes the dis connect during emergency planning is the failure of depart A COMPREHENSIVE r ' v e APPRQAC,H TO PLANNING FOR PUBLIC HEALTH AND c -( SAFETY ISSUES REQUIRES s ''`BUILDING RELATIONSHIPS M s fit; s g f 1JIT1l OTHER AGENCIES AND L ' ORGANIZATIONS 'Y ' _ ments to understand their roles at the various stages of response Planners should create the framework for emergency man agement by bringing together all of the entities who would panic spate dunng an actual emer gency situation In Flonda this is a standard occurrence Dunng an emergency and after the initial response to an emergency situ anon — which must always be in the hands of fire and police — the aftermath should reflect a coordinated effort between departments each with specifi cally designed roles There is often tittle knowledge of how to address the existing service components such as permitting tree removal fees and other processes that may have to be temporanly modified after the emergency Too often planners become a secondary assistance team once it becomes safe to begin damage assessment Communities find themselves having to pass last --minute moratonums on new development applications and resolutions for waiving fees etc These issues should always be completed and standing by as part of the ready to go policy That is where good planning- - comes in Certainly planning commis stoners and staff can reinforce this mentality through the com prehensive plan and land use regulations which may guide decision making before dunng and after emergencies Carolyn Braun A comprehensive approach to planning for public health and safety issues requires building relationships with other agen cies and organizations For example occasionally I attend a meeting of city and county engineers — yes they let a planner ins Through presenta Lions and casual dialog we share information More importantly however we build relationships leading to even more contacts Its surpnsing how extremely helpful those contacts can be when you least expect it Perhaps as planners we need to make an effort to choreo- graph a discussion of the broader impact of land use plan ning in public health and safety After all its the very essence of why we do what we do Glynis Jordan I can report that I ve had a few choreographed numbers as a planner All have resulted from being wilting to extend my hand first Whether always fair or not its incumbent upon us as plan ners to_take_that_first step If you wait for someone else to take the lead it just doesn t happen It is frustraung at times but the pay backs in the end are really really worth it Planners and the planning commission need to be active and equal participants at the table when infrastructure or environment altenng projects are proposed However too often we neither invite ourselves PLANNING COMMISSIONERS JOURNAL / NUMBER 58 / SPRING 2005 • to the engineenng table nor are we invited Lee Krohn Our dances have been more in the line of development review taking the lead to make sure all issues are addressed — water sewer fire and so on Larry Frey After expenencing the effects of four hurricanes last summer 1 can say that several tests proved how well our planning efforts dunng development review paid off For example our evacua lions pnor to the humcanes making landfall achieved great success with no mentionable traffic jams or congestion Of course planning cannot take the credit as much as the police and fire personnel who make the calls dunng that time Nevertheless our theones and models for evacuation times and shelter space appear to be more than adequate These are vital planning components to be dis cussed during development review which we as planners (and planning commissioners) must be knowledgeable about so that they can be properly fac tored into the approval or non approval of large projects proposed in hazard areas As more development occurs here [in Floridal we have to pay increasing attention to these issues and even stipulate that developers mitigate the antics pated effects of hurricanes (such as flooding) through fees or exacuons for new public safe ty buildings or shelter space to meet the needs tnggered by new development Developers of pro jects in special flood hazard areas must also provide a detailed humcane evacuation plan as part of their application for project approval So planning at the conceptual and approval stages does work However long ago planners should have had the foresight to lower the density thresholds of these critical areas so that the number of units would be lower now Backing Up Our Claims Glynis Jordan I m a firm believer that plan ners need to start producing statistics to back up our claims People understand and respect that even when they may dis agree Using the example of flooding planners need to demonstrate the enormous expenses that can be caused by a flood time and income lost by being out of home or business relocation costs insurance and costs to the general fund to provide relief Creative ways of measunng time money lost rev enues lost tax base pay backs and so on should all be used Let me cite another example We ve asked emergency service providers (e g police fire EMS) to quantify the time costs of different kinds of streets People can recognize that seconds saved equates to lives saved How do cul de sacs compare to connected streets when it comes to emergency access and response time? The same type of fact based analysis can be applied in many situa tions especially when it comes to public health and safety issues ,� 1 " - t: eARE4 WE?-11NKING'BROADLY ,zEN i1 H TO AVOIL ' r� L - e ukP�OBLEMS+'eWHEREa WE��AitiT ' ANI) MANAGE PROBLEMS W$EN NEJDED? Larry Frey Planning does need to become more scientific What fails our profession is the fact that we are limited by a lack of science to back up many of our practices Sure we understand that if one lives in a flood zone or next to an airport or beneath a moun- tain that there are extreme nsks to public health welfare and safety But how do we convince the decision makers? What amazes me dunng rezonings and development approvals is that when a project is approved for example in a flood zone at a low density the premise is that lower density is fine because It reduces the potential for loss of life and property Well if we know for certain that an area will flood then should anything be built there? Why put even one per son one house in danger? Lee Krohn Its always a paradox folks want to build what and where they want proclaiming their pn vate property nghts and then expect and demand swift government (i a public) assistance to recover when disaster strikes Regional Planning Lee Krohn While we ve touched on the need for a comprehensive approach to planning for public safety i want to stress the importance of regional coordi nation In much of the country key decisions affecting public safety are made at the local level by individual towns and cities project design and permitting highway maintenance emer gency management and so on However problems disasters or hazardous situations rarely stop at municipal boundaries Aquifer protection and flood control require regional manage ment for what happens upstream clearly affects down stream property or habitat Bliz zards or hurricanes affect wide geographic areas and post storm cleanup requires consid erable cross boundary coordination And hazards don t have to be natural to call for regional planning for example consider a potential incident at a nuclear power plant Are we thinking broadly enough to avoid problems where we can and manage problems when needed? Can our radios and other communi cations systems talk to each other? Do our emergency plans depend upon people or systems that may themselves be affected by the problems we need to solve? A regional planning approach can be valuable in helping to coordinate and con solidate these efforts Finally we need to remember that even in the best of circum stances with a clear plan and strategic assets in place we still need people to do their jobs A plan is not an end in itself it is a means to an end • Carolyn Braun is Planning Director for the City of Anoka Minne sota located in the Twin Cities metro area Lee Krohn is Planning Director for the Town of Manchester Vermont Glynis Jordan is Deputy Director of City County Planning for Forsyth County & Winston Salem North Carolina Larry Frey is the Director of the Department of Development Services for Bradenton Florida PLANNING COMMISSIONERS JOURNAL / NUMBER 58 / SPRING 2005 FORWARD MOTION Making the Connection end has it that a group of eteenth century American tycoons were developing a town way out on the edge of the Wild West and decided to try something new They'd found that corner buildings were worth more than those located mid block so it stood to reason that a town with more corners would do well The result? A downtown with a tight street gnd and intersections as little as 200 feet apart I don t know of those side -burned fel lows actually made the fortune they wanted but that town did indeed grow up to be a prosperous city that enjoys some of the highest rates of walking bik mg and transit ridership in the nation The story of Portland Oregon is essential for planners seeking to understand the key to developing walkable transit friendly communities a well connected street network featunng short blocks and numerous intersections I know what you re thinking Yeah thats nice but we re not Portland Do shorter blocks and more intersections — that is greater street connectivity — pro vide any benefits for communities that don t have a dense urban core? by Hannah Twaddell In a recent report Planning for Street Connectivity Getting From Here to There transportation planning experts Susan Handy Robert G Paterson and Kent Butler analyzed thirteen commune ties (including four with populations in the 6 000 to 32 000 range) that have con nectivity ordinances' CREATING -MORE DIRECT • CONNECTIONS SHORTENS TRAVEL TIME, WHICH EFFECTIVELY BRINGS P_EOPLE_CLOSER TO THEIR DESTINATIONS. Most of the cities and towns in the study have set block length limits for local streets generally falling in the range of 500 to 600 feet Some have also placed maximum distance limits on spacing between intersections along arterial streets Requirements vary according to the roadway context higher -speed wide streets such as commercial arterials need 1 Planning for Street Connectivity Getting From Here to There (American Planning Association PAS Report #515) Portland Oregon circa 1923 with Mt Hood in the distance Short 200 foot long downtown blocks have been a boon to Portlands development more space between intersections and driveways in order for traffic to flow properly while more frequent cross streets in residential areas can help to slow traffic down Regardless of their size communities can realize three major benefits from bet- ter connectivity shorter trips a wider vanety of travel choices and more cost- effective public services and infrastruc- ture Creating more direct connections shortens travel time, which effectively bnngs people closer to their destinations With more available connections com- munity residents can get to schools shopping centers and other spots that may have simply been off their radar before — not because these places were too far away but because they were too far out of the way Meanwhile firefighters police and ambulance services can save precious minutes reaching the scene of an emer- gency and can serve a broader area with- out driving up their operating costs Similarly greater connectivity can reduce costs of providing other services such as waste collection by decreasing travel time and mileage According to Jim Para- jon former planning manager for Cary North Carolina the goal of achieving cost savings in public services was the number one pnority behind the towns adoption of a connectivity ordinance in 19992 Another benefit by creating more ways for people to get from point A to point B communities can diversify the flow of traffic and in many cases also enable travel choices other than dnving —This-improves overall mobility and helps reduce congestion on overworked arten als But what about that popular subur 2 Remarks during session at April 2004 American Planning Association conference in Washington DC PLANNING COMMISSIONERS JOURNAL / NUMBER 58 / SPRING 2005 ban street type the cul de sac? By defim Leon ( bottom of the bag in French) these streets are closed And people often choose houses on them for that very reason All the communities in the connectiv ity study do allow cul-de sacs but restrict their lengths from as little as 200 feet to as much as 1 000 Several also direct developers to create multiple entrances to their site and/or include stubs to indicate future connections That being said its really not neces sary to force open every subdivision in order to improve community wide con nectivity It would be counter productive (not to say poor planning) to insist on a ngid connectivity pnnciple applicable to every block The key is to create strategi cally located links that benefit broad cross -sections of the community As respected transportation planner Walter Kulash notes Good connectivity does not necessarily mean eliminating every last cul-de sac The real purpose of connectivity is to provide a variety of routes for daily travel such as to schools grocery stores and after school active ties " Kulash further observes Proposed street connections that face strong oppo sinon are often a scapegoat for the things people dont like about their community Local street connectivtty patterns compared — from diagram by City of Salem Oregon (based on Tn County Metropolitan Transportation District) If you re connecting a quiet old neigh borhood to an ugly strip shopping cen- ter people aren t going to like it Focus on the overall question of what you want for your community 3 And there s the heart of it In many communities peo- ple feel the only way they can get peace and quiet is to buy a house on a cul de - sac even if it means taking on a higher mortgage and buying a third car Its not that cul de -sacs and private neighbor- hoods are bad Its that there are so often no desirable alternatives If the only good places kids can gather to play in our communities are asphalt turnarounds we have a bigger problem than a lack of connectivity To take true advantage of the benefits of connectivity we must first establish a vision for development patterns that work for all of our communitys residents — those here now and those we want to attract Then we can focus on invest ments and connections that meet the needs and desires of not only those who love cul de sacs but also those longing for pleasant safe connected communi- ties seniors who can t drive young pro fessionals drawn to vibrant urban centers and families who want their kids to be able to walk to playgrounds schools and ice cream shops The process of creating a community is rather like weaving a tapestry Upon a framework of natural and built bound arees — nvers mountains and streets — we weave a fabric of buildings private and public spaces and natural areas We can change the fabric of our com munity as it evolves but our options for so doing are largely defined by its frame work Connected street networks provide a framework for cohesive communities 3 First quote by Kulash from recent email to author second quote from remarks by Kulash during session at April 2004 APA conference Do cul de sacs set the framework for much of your community? that can provide public services in a highly efficient way and can adapt to change without losing their core identity Whether the vision is to revitalize a flagging rural town maintain character in a fast-growing village or corral subur ban sprawl the quality and characteris- tics of the street network are quite literally the foundation for a commune tys success It was true for the tycoons of yesteryear and its true for us today good connections are fundamental for a com- munitys long-term prospenty ♦ Hannah Twaddell is a Senior Transportation Plan ner in the Charlottesville Virginia office of Renais sance Planning Group Her Forward Motion column appears regularly to the Planning Commissioners Journal Thanks! Our thanks to the following individuals who commented on arucles published in this issue of the PCJ Lois Bjorlie Christopher V Fonnash David Hancock RobertJones Craig Kenworthy Anne Knapp John Lewis Bob Mayes Christine Mueller Neill F McDonald Tom Oten David Paoletta Bob Patnno Iry Schiffman Allan Sloven Charles W Sprague Dave Stauffer Bob Steiskal Jr Mark Stivers Barbara Sweet Alissa Barber Torres Veronica Weigand Ivan Widom Kristine Williams David Wren Sue A Wuest and Scott Zimmerman You are invited to join the many citizen and professional planners who receive and comment on (by e mail) first drafts of articles planned for publication For more information go to <www plannersweb com/updates html> PLANNING COMMISSIONERS JOURNAL / NUMBER 58 / SPRING 2005 FEATURE Homeowners Associations eowners associations, and functional counterparts such as condominium or cooper- ative owners associations, have undergone explosive growth in the past few decades In 1965 there were only 500 such associations The latest information from the Community Associations Insti- tute (CAI) the trade group for home- owners associations indicates there are more than 250 000 associations in the United States Approximately 50 million people now live in developments governed by home owners associations This growth is accelerating with an estimated four out of every five housing starts included in a homeowners association' Several factors are driving this phe- nomenal growth One is the changing housing preferences of older adults who often leave the homes where they raised their children to move to no -maintenance condominium developments in the south and southwest This trend is only likely to accelerate as the baby boomer generation reaches retirement age Another factor in our largest cities cyclical weaknesses in residential rental markets have led to the large-scale con version of apartment buildings to condo minium or cooperative ownership Finally developers have found that they enjoy a competitive advantage by constructing—new_subdivisions_with common recreational amenities and pro- vision of some services In each instance these forms of development will require some type of homeowners association to manage the common amenities or deal with maintenance and service issues In addition to providing amenities and/or services homeowners associa lions function as a private government setting rules and policies that govern 1 Data on U S Community Associations published by the Community Associations Institute (2004) by Alan Weinstein Esq many of the same concerns as zoning For example association rules will nor mally apply to parking and storage of vehicles the display of signs and flags IN THE 'ABSENCE OF • STATE LEGISLATION —TO. TI-1 E--CON-T-RARY,-AN: ASSOCIATION'S: RULES WILL "CAKE PRECEDENCE OVER. LESS RESTRICTIVE LOCAL LAND USE REGULATIONS. • - home occupations accessory uses fences building additions solar energy and telecommunications devices and many other items Indeed in the absence of state legisla tion to the contrary an associations rules will take precedence over less restrictive local land use regulations because the residents of the association have agreed contractually to be bound by those rules Thus a homeowners association is able to restrict or even prohibit uses of prop- erty that would be allowed under the communitys zoning This article ex plores whether the potential clash between local land use regulations and homeowners association rules should be a matter of concern for planning com missions and if so what (if anything) commissioners might -do -about -it THE BASICS OF HOMEOWNERS ASSOCIATIONS Homeowners Association is one of several terms used to descnbe the private governance arrangement -for residential developments in which each property owner is required to join an organization comprising all owners in the develop ment abide by the organizations rules and pay any required fees and assess ments 1 Membership in a homeowners associ- ation is not voluntary Purchase of a property in the development automati- cally makes the purchaser a member who is subject to the associations rules and financial obligations Homeowners associations are orga- nized on a democratic model Residents of a development elect a board of direc- tors from among members of the devel- opment and an association board meeting is roughly comparable to a city council meeting While many associa- tions are governed and managed entirely by their members large associations will employ professional managers attor- neys and accountants BENEFITS HOMEOWNERS ASSOCIATIONS PROVIDE There are several important benefits to living in a development governed by a homeowners association The most sig- nificant is the proven track record home- owners associations have in maintammg (and often enhancing) property values Developments with homeowners associ- ations better protect property values because the associations provide some critical benefits to residents that they normally would not be able to obtain on their own First the association provides greater certainty that the community will remain physically attractive over time by impos- ing and privately enforcing through fines and assessments rules on architec- ture landscaping accessory buildings fences signs and related matters Residents don t have to worry that a neighbor will park a 30 foot RV boat or 2 Other common terms for these types of organza irons some of which depend on the nature o[ the res- ident s ownership interest include community association condominium association and residents association While there can be some differences among these vanous types of associations this article will simply refer to all of these as homeowners associ aeons PLANNING COMMISSIONERS JOURNAL / NUMBER 58 / SPRING 2005 commercial vehicle m their dnveway for months at a time or that a neighbonng home will be painted orange with lime green trim or that the landscaping will be allowed to die Second associations often provide recreational amenities for residents — such as tennis courts swimming pools and community rooms — that many residents would not be able to afford on their own Third the association provides a vanety of services to residents including mamtainmg common areas and managing the developments recreational facilities Finally many homeowners associa Lions offer residents a heightened sense of personal safety and security because the development is a gated community that restricts access to community rest dents and their guests and invitees (such as repair or delivery services) More than eight million Amencans now live in over 20 000 such gated communities and these numbers are growing Soine observers estimate that eight out of ten new residential developments in urban centers are gated DRAWBACKS OF HOMEOWNERS ASSOCIATIONS The principal drawbacks of home owners associations result from the very same factor that allows associations to provide significant benefits the home owners ceding control over several aspects of use of their property to the homeowners association 3 While this is not dissimilar conceptually to the recip rocal benefits and burdens associated with zoning — 1 m restricted in what I can do but so is my neighbor — since the potential benefits denved from a home owners association are greater so are the potential burdens The first broad concern is the require ment of mandatory membership in an 3 While this secuon of the article focuses on problem areas with homeowners associations it is worth bear ing in mind that the large majonty of homeowners appear quite satisfied with their association Research conducted by the Gallup Organization in 1999 for the Community Associations institute found that 75 per cent of residents were very or extremely satisfied with their community with those responding post tively citing community appearance safety and finan cial accountability as strongly influencing their view PLANNING association that provides few if any pro- tections for those whose views differ from that of the majority of residents Since the association is empowered to impose both financial burdens (through assessments) and restrictions on person al autonomy (through policies rules and regulations) the majonty wields sig- nificant power to affect the lives of all residents It can be bad enough to have to abide by decisions with which you disagree but in homeowners associations you may also be faced with the obligation of having to pay for them Residents who strongly disagree with association deci- sions may be left with little recourse other than to consider the drastic step of moving But in many parts of the country this may not even be a realistic option because such a large percentage of hous- ing developments are governed by home- owners associations The second broad concern is the degree to which association rules govern the use and enjoyment of ones own property This concern is amplified by the unfortunate fact that many prospec- tive home purchasers are woefully unin- formed about the degree to which the y y. r r--r-7:,-w" 5; r 3 , ,,,;..1i {r-„,. mac �.�,` a- s�. _ r a' fss tiYT. .-' �k 0 mu1 1pty'r 1 a '3tti'1a .3,4af Intraitructui' nwherii -414 po e :. -ss4 t ar ,. e� ri-' jars a cl tip ii let, diOmi �,y., F 4 h��n �roTi,��,,xx.. 3 tp p�n F��,`r'1 tsf c 4'7� ����o�rT111 IIlte>ilI , °! 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Y � �e �Y lI � till: tttat;he t�`nuiitci al .: a �vanl`' b .:t4 _ �' �`l r , " -� , � t -.>„� ��--�� .�,p � .Fs,;<l , x��' �� ��ifb�'� tc��r� n��. {httcthe the e zef{ls�s tci ta�Ce�brifas "� �Mdrjj� � # .�q� S rrr,5iir ,t} yr 4 r, rF - f,i,- atis.��eR5 Ys +a ARE f arC right pii 127 1E` hilii---', CIa r. i5• t``aryZ4 xr u 4a-dogt a'j't a'i.jistp.. a s wz• e r r r a t .i e� 7 �r 3< �,t,�� ryi t��,�i'or, eetampf& iri our eprntritiq t'�wn r- eciohl tat x-.�,t`�� r t t� l v s '^ '^t �tx t' v ,r � ci('�¢ plajnritt3 (uridetsta dably) 4ltd,fldt \rt;4nt a - i - area Lll i}indi3 hew d6e1op'rtient to inelucj�e so%rieLa`7 inlii t attiiitissf,�,fie's 6ti..: '`vidual water wells and sgptit sysfifiis bait 1, B¢a ' i xzE � `rP,` use of their home will be constrained by association rules and regulations Absent mandatory disclosure require- ments it is in the self interest of the developer — or seller and broker — to emphasize the potential benefits of the association while minimizing the poten teal burdens All too often it is only after the fact that residents learn to their dis tress that they have bought a home in a development where a group of their neighbors will have veto power over such formerly personal decisions as the number and size of pets allowed in the home the color of the house the nght to fly the American flag or display a political sign the freedom to allow rela- tives or fnends to live in ones house for an extended penod the nght to build a treehouse or install a solar collector and on and on The third broad concern which can affect even residents who agree with association polices rules and regula- tions is the potential for their heavy- handed or arbitrary administration by the associations governing body This potential for abuse exists because associ- ations while private in nature have continued on page 14 2" COMMISSIONE1tS JOURNAL,,/ NU'MTitR 58 /tri SPR11 Gr2OQ� �i. u '. is Homeowners Associations continued from page 13 governmental like tax (i e fees and assessments) and police (1 e rules and regulations) pow ers but lack many of the checks and balances that serve to con strain abuses of power in the pub lic realm For example the separation of powers among branches of gov ernment a major constraint of abuse of power in the public realm is often missing in associa tion governance For most asso ciations the elected board of directors combines legislative executive and judicial functions Thus the same body that enacts a rule also exercises executive authority over how it will be adirtinistered — and then serves as prosecutor judge and jury should there be an alleged infraction Not surprisingly such absolute power can lead to abuses In one of the more publicized recent incidents an association in the San Fran cisco Bay area initiated a foreclosure action against a member who had failed to pay an assessment of $120 Another case that also garnered national atten- tion saw an association order that the parents of a boy battling leukemia dis mantle the tree house they d built him because it violated the associations height restnction Perhaps most remarkably after the tragic events of September llth there was a surge of complaints from residents of homeowners associations that their governing boards had (in enforcing asso- ciation rules) prohibited them from dis playing the American flag PLANNING COMMISSIONS AND HOMEOWNERS ASSOCIATIONS While planning commissions have no direct regulatory authority over home owners associations they do have -an opportunity to exert some limited influ ence over the proposed rules for a home owners association dunng the subdivision or PUD approval process' That opportu nity arises from the common require ment that the proposed declaration of Prohibited or regulated b.P many homeowners association rules Q home busmess or office 0 clotheslines a, b © solar collectors Q fences ` a a vegetable gardens O display of flags 0pets a Not pictured but often prohibited or sub ject to restnctions and/or architectural review storage sheds holiday decorations birdhouses/feeders campers parked in driveway extenor lights decks doghouses play equipment skylights bashetball hoops awnings and a common catch all for unsightly articles objects or conditions a One or more states bar or limit home owners association authonty to prohibit b Sometimes permitted when not perma nently installed and if retracted after use c Sometimes permitted subject to approval by homeowners associations architectural review committee d Often fewer restncttons for backyard fences _ e More often allowed if in backyard and not visible from the street f Sometimes allowed subject to size limitations more often allowed if not on flagpole g Varying policies often limits on number or size of pets Covenants Conditions & Regula- tions (CC&R) which will create and govern the proposed home- owners association be among the documents the project developer submits for review dunng the plat approval process In reviewing a homeowners associations CC&R declaration, however a planning commission must understand that philosophi- cal or policy disagreements with the proposed rules are not a valid basis for denying an application While commissioners may want to bring their concerns to a develop- ers attention (for example that proposed rules are unduly restric- tive as to political signs or home occupations) rejecting an applica- tion based on such concerns would exceed a commissions pow- ers by intruding too deeply on nghts to freedom of contract and association guaranteed by the U S Constitution In contrast commissions typically have the power to deny approval if based on legitimate concerns about the adequa- cy of funding and maintenance provi- sions in the CC&R regarding specific plat approval considerations such as roads parks sewers or storm -water facilities Another concern for planning com- missions and zoning enforcement offi- cials with respect to homeowners associations is the potential for confu- sion as to who is responsible for enforc- ing what rules It is not unusual for example for residents to notify the local planning or zoning office about a neigh- bors supposed zoning violation which in fact —proves -to -be a violation=of--the associations rules not the zomng code STATE GOVERNMENT INVOLVEMENT In recent years disgruntled associa- tion residents have increasingly turned to state legislatures to seek relief from what 4 The advice provided in this article is necessanly general in nature I strongly urge planning commis sions to discuss with their municipal attorney the ltm its of their legal authority when reviewing projects and the extent to which they can (or cannot) review or seek to influence proposed CC&Rs PLANNING COMMISSIONERS JOURNAL / NUMBER 58 / SPRING 2005 they consider to be the excesses of asso elation governance Residents have sought legislative approaches because courts though able to address abusive association actions that exceed the power granted them under their own governing documents are reluctant to intervene when an alleged abuse is within the pow ers granted by such documents' California provides a leading example for what is happening There the inci dent that is the poster child for associa tion abuses — the successful effort to foreclose on a home valued at $279 000 because of a past -due assessment of $120 noted above — led to the passage of a bill in the California Assembly that would have banned foreclosures until the resi- dent owed a minimum of $2 500 in past due assessments Governor Schwar zenegger ultimately vetoed the bill but resident complaints are so rampant in California that a state Law Revision Commission looking at homeowners associations is expected to make a sweeping recommendation that the state create a regulatory agency to monitor homeowner associations and assist in the resolution of disputes between residents and their associations As presently structured the proposed legislation would create an oversight agency the Common Interest Develop ment Bureau It would provide residents with information about laws governing homeowners associations provide train- ing to association officers and assist in resolving disputes by conducting invests gations and providing mediation ser vices If mediation failed to resolve a case where an association had violated the law the Bureau would be authorized to issue a citation and levy a fine of up to $1 000 per violation Other states have also recently taken action to curb association abuses Mary land and Texas in response to claims continued on page 16 5 Moreover residents face an uphill battle when they sue or are sued by their association Litigation is always costly but associations normally have direr tors liability policies that provide for defense counsel if they re sued If its the association that s suing the resident who is sued will end up paying for a portion of the association s legal expenses from his own assessment Louisburg Square in Boston developed in 1844 One of the homeowners association responsibilities care of the centrally located pnvate park Among past residents authors Louisa May Alcott and William Dean Howells One current resident Senator John F Kerry Looking Back Among the new commu nities that appeared in nine teenth century Amenca were a number of privately owned and operated luxury sub divisions for the rich The developments were not cities but exclusive neighbor hoods designed to be separate and shielded from their surroundings To maintain the pnvate parks lakes and other amenities of the subdivisions developers created prove sions for common ownership of the land by all residents and pnvate taxation of the owners To ensure that the land would not be put to other uses by subsequent owners developers attached restrictive covenants to the deeds Two of the earliest such developments were Gramercy Park in New York which formed an association in 1831 and Louisburg Square in Boston which did the same in 1844 These and other subdivisions pioneered what was to become one of the most signif scant trends in American urban history the use by developers of common ownership plans and deed restnctions as pnvate land planning devices Similar methods were used by nineteenth century St Louis sub dividers who provided such services as street maintenance snow removal mow ing tree trimming and street lighting to pnvate neighborhoods through hundreds of private street associations Rising land prices and a population boom pressured developers to find ways to squeeze more people onto smaller parcels of land With the endorsement of the Federal Housing Administration which provided developers with detailed guide lines on how to create condominiums and PUDs that would receive federal mortgage insurance the real estate industry began in the mid 1960s to promote common inter est housing for the middle class offenng open spaces owned in common in heu of large private yards By the 1960s the real estate industry was increasingly dominated by large scale corporate community builders These builders made housing a mass produced consumer commodity and found CIDs (Common Interest Developments) enor mously profitable C1Ds allowed them to build more units per acre while satisfying middle class consumer preferences for such amenities as swimming pools golf courses parks pnvate beaches recreation rooms security gates and guards that would be prohibitively expensive for indi vidual middle class owners Financially strapped local governments also found CID housing appealing because it had features of private infrastructure allowing commu pities to grow and add property tax payers at reduced public cost These private initiatives in housing pol icy and their validation by government brought about astonishing nationwide growth in CiD construction Repnnted with permission from Evan McKenzies Privatopia Homeowner Associations and the Rise of Residential Private Government (Yale University Press 1994) PLANNING COMMISSIONERS JOURNAL / NUMBER 58 / SPRING 2005 A Framework for \Better Homeowners Associations by Dons Goldstein Esq Covenants are drafted by the develop crs attorney often with little consideration to how the provisions might affect the homeowners associations future ability to work effectively But what if developers were persuaded that better documents can make for happier homeowners' In collaboration with fellow attorney Dan Slone of Richmond Virginia and veteran community association man ager David Wolfe — and a client willing to give it a try — we rebuilt homeowners asso elation documents from the ground up Although our work has focused on new urbanist communities the same recom mendations would apply to any develop merit set up with a homeowners association • Start with a vision statement includ ing the projects history and design cntena • Teach homeowners how to govern Think of the covenants as an operating manual rather than a set of restnctions Our documents for instance guide the board of directors through the budget process and explain the role of a profes sional manager • After stating the communitys broad pnnciples allow the board to adopt rules and regulations as issues arise Rules our documents state should address the prob lem in the least restrictive way • Present information in easy to digest ways We use tables to compare related ideas and FAQs at the end of each chapter Boxes set off important text Settle disputes with tact and dignity We introduce the office of the chancel for who serves as a mediator The board determines whether the chancellor is a paid professional appointed by the board or an elected post The matter goes to the board only if agreement isn t reached or parties fail to comply with the agreement • Leaven the documents with reminders to be reasonable For Instance in our documents the following exception accompanies the customary prohibition against temporary structures "However reasonable occasional use of tents for fes- tive occasions or childrens backyard camping is part of life and should be enjoyed • Stick to plain English as much as possible so homeowners can read and understand their documents Besides most community association court cases don t involve obscure legal pnnciples Instead they re about analyzing the com mon sense meaning of say pet provisions Dons S Goldstein is a Flonda attorney in pnvate practice who has assisted in the development of Seaside and other new urbanist communities For more information about this new approach to covenant provisions and homeowners associations contact Doris Goldstein at dgoldstein@newtownlawcom Homeowners Associations continued from page 15 that boards often act without having pro vided notice of a meeting to residents or conduct meetings behind closed doors have imposed open meetings require- ments on association boards Flonda and Arizona have enacted broader statutes that open associations records to resi- dents and require mandatory mediation before disputes between residents and associations can go to court Nevada has taken several steps including creating a state ombudsman's office (with a staff of eleven) to help residents deal with problems requiring the licensing of associations professional managers and banning foreclosures based on association fines (unless the homeowners violation threatens the health safety or welfare of other residents) A number of states have amended their condominium and homeowners association laws to address other areas where disputes between associations and residents are common For example Floridas "Solar Access law bars most prohibitions on clotheslines and solar collectors 6 while Illinois has passed legislation prohibiting homeowners associations from preventing owners from displaying the Amencan flag on the outside of their unit Maryland has amended its homeown- ers association laws to prevent limits on `t Online Comments Around South Central Pennsyl voliiiir ���� vania homeowners associations -ilso provide the role of maintain —nig amenities required by the -locality that the locality does not want to own and maintain like on site storm water management parks 'ille}s and some streets This also raises a con cern among homeowners association members because they still pay local real estate taxes for services but they also pay homeowners associa non fees that property owners outside of the homeowners association do not pay — Mark Hiester AICP Principal Planning Ana Iyst Lancaster County SPA) Planning Commis sion As an officer in a homeowners association for many years and a planning & zoning commis sioner I enjoyed the article i did want to offer a few additional comments As much as a plan ning .Sr zoning board will research a proposed development and try to create a good project homeowners associations are much more interested in any development that is near them and will spend many hours hashing out details They will also meet multiple tunes with the developer voicing concerns and researching alternatives Another benefit of homeowners associa eons is their ability to interface with city or county officials when residents have problems and keep residents informed (through newslet ters and websites) about events of local con cern They even do team spirit type projects such as put up a banner congratulanng all of the neighborhoods graduating seniors and welcome new residents into the subdivision Almost all also provide a neighborhood direc tory and many even provide emergency con —tacts in case the police need help getting m touch with a resident Finally i wanted to note that the county where I live will not give the developer permis sion to put in a neighborhood pool without a mandatory homeowners association This came about because many neighborhood pools `were not properly maintained and became health hazards — David Hancock Planning & Zoning Commis stoner City of Suwanee fGAJ & Vice President Settles Bridge Homeowners Association PLANNING COMMISSIONERS JOURNAL / NUMBER 58 / SPRING 2005 family day care until the lot owners other than the devel oper have 90% of the votes in the homeowners associa tion in support of such a prohibition Maryland also limits homeowners asso ciation restrictions on what the statute defines as no impact home businesses ' Other states have also taken steps or are considenng leg islation on a vanety of issues concerning the scope of homeowners associations powers On another front a growing number of homeowners associations and rest dents are seeking common sense ap proaches to avoiding conflicts The Community Associations Institute which represents the association Indus try now agrees that many associations have focused too much on enforcing restrictions and not enough on address- ing the need to create a sense of com munity among residents — including changing association procedures to encourage openness and inclusiveness in decision making The CAI is seeking to put the mdustrys own house in order by stressing professional management training for association board members and the adoption of best practices by associations SUMMING UP Homeowners associations have emerged as a key player in the planning universe 6 The Florida Solar Rights law provides in part that No deed restrictions covenants or similar binding agreements running with the land shall pro hibit or have the effect of prohibiting solar collectors clotheslines or other energy devices based on renew able resources from being installed on buildings erect ed on the lots or parcels covered by the deed resmcuons covenants or binding agreements 7 The Maryland laws definition of no impact home based business includes requirements that it is consistent with the residential character of the dwelling unit is subordinate to the use of the dwelling unit for residential purposes and requires no external modifications that detract from the residen ttal appearance of the dwelling unit The home busi ness also cannot create external impacts such as noise or odor and cannot cause an increase of common expenses that can be solely and directly attributable to a no impact home based business /5BANNEPBYNEARLY ALL Ll' C4L/fORN/4 5 35 000 HOMEOWNERS A55OGAT/ON57 DOO ESR RY 0 2001 G R TRUDEAU REPRINTED WITH E MISS ON OF UN VERSAL PRESS 5Y D GTE LL RIGHTS RESER ED Association regulations often have greater impact on residents than local zoning controls While planning commissions cannot deny development applications because of disagreements with policies contained in a developments proposed "Covenants Conditions & Regula Lions commissioners should be inter ested in the impact that CC&R policies may have on residents and on the com- munity If a planning commission is con- cerned about some of the policy choices contained in a proposed CC&R declara- tion tt should not hesitate to bring those concerns to the attention of the develop er A commission can also encourage the developer to consider alternative prac- tices and policies such as those endorsed by the CAI or resident groups Beyond that control over homeowners associa Lions remains largely in the hands of state legislatures Planning commissions should certainly feel free to contact elect- ed representatives if they see a need for legislation either to limit association powers or to provide additional proce- dural safeguards for residents • Alan C Weinstein a lawyer and planner holds a joint appointment in the Cleveland Marshall Col lege of Law and Maxine Goodman Levin College of Urban Affairs at Cleveland State University His re search and practice both deal extensively with issues involving land use and the First Amendment Weinstein authored Zoning Ordinances and Free Speech in PCJ#37 (Winter 2000) (to read excerpts go to <www planners web com/wfiles/w379 html>) Editors Note Right to Dry Laws The mundane clothesline might be viewed as emblematic of the clash between private homeowners asso ciations rules and public policy (in this case energy conservation) Many home owners association rules restnct the use of clotheslines generally on aesthetic grounds But for a number of individu als the beauty of reducing energy con- sumption trumps the beauty of open space without dangling clotheslines Several states have taken steps to limit homeowners associations power to restrict energy savings devices such as solar collectors and clotheslines Flondas legislation is cited in footnote 6 Similar ly Utah law allows a local governing body to refuse approval of a plat or sub division plan if the deed restrictions covenants or similar binding agreements have the effect of prohibiting reason ably sited and designed solar collectors clotheslines or other energy devices based on renewable resources from being installed Utah Code Sec 10 9 901(2) According to Alexander Lee Execu tive Director of Project Laundry List which advocates adoption of nght to dry laws use of clotheslines can reduce residential energy consumption by about six percent Other fnnge benefits more time outside and longer lasting clothes[ For more information contact Project Laundry List at info@laundrylist org or go to their Web site <wwwlaundry list org> PLANNING COMMISSIONERS JOURNAL / NUMBER 58 / SPRING 2005 El DOWNTOWN MATTERS Sizing Up Downtown do you size up your town? A good way to start is with an honest, objective assessment of its current condition When I assess a downtown I focus on three broad categories its economic shape its physical condition and the effectiveness of its management While there are dozens of indicators that can tell you something about a downtowns health and opportunities allow me to provide an overview of some key points 1 Composition of the downtown districts uses What percent of the downtowns space is used for retail professional offices personal services government entertainment housing industry and other activities? There is no ideal formula of course downtowns have numerous economic possibilities One distnct might choose to focus on entertainment (perhaps with a cluster of restaurants a movie theatre and some specialty shops open in the evening) while another might decide to concentrate on meeting the needs of day time downtown office workers Both by Kennedy Lawson Smith strategies (and many others) could be equally successful Analyzing the per- centages of space used for different eco- nomic activities gives a quick sense of whether a district has a deliberate focus — and if so what it is 2 Market segments Is the down- town a community -serving distnct? In other words does it offer services meet- ing the needs of local residents Or is it a destination shopping area? Many down- towns are a tittle of both Theres no nght or wrong answer here but these alterna- tives have different implications for the districts needs and opportunities Speaking of market segments smaller communities with big box stores on the periphery of town often have little choice except to become more destination -ori- ented as the big boxes dram away sales from existing community -serving busi- nesses To survive downtown businesses usually need to offer more specialized products and services and to expand their geographic reach — and that exacer- bates parking and traffic problems As I 11 return to in future columns retail devel- opment decisions can have unexpected planning complications 3 Vacancy/occupancy rates Gener- ally speaking downtown distracts with a total vacancy rate (ground floor and upper floors) of no more than five per- cent are doing very well If the vacancy rate is higher there may be some prob- lems High downtown vacancy rates aren t necessanly a bad thing for a distract in the early stages of revitalization as the vacancies can help provide an opportuni- ty to create dynamic business clusters But after three years or so of revitaliza- tion activity a persistently high vacancy rate suggests the downtowns economic development plan marketing strategy management or regulatory environment need some help 4 Percentage of gross sales spent on rent What percent of gross sales are the districts retail businesses spending on rent? Retail businesses should typically budget to spend between four and ten percent of gross annual sales on rent So gross sales of $400 000 annually would A communitys decisions about whether to attract community serving businesses (like a small grocery market or garden shop) or destination businesses has significant implications for its planning and land use policies affecting everything from onsite parking needs to upper floor development PLANNING COMMISSIONERS JOURNAL / NUMBER 58 / SPRING 2005 El translate into about $16 000-$40 000 in rent For a typical 2 000 square foot downtown storefront building that means annual rent somewhere between $8/square foot (on the low end of the scale) and $20/square foot (on the upper end) would be reasonable This simple measurement is a good tool for establishing gross sales targets for downtown businesses If the prevail ing rent for retail space in a district is say $18/square foot that means retailers gross sales targets should be between $180-$450/square foot If the districts businesses aren t performing at that level it tells me they need help By the way when downtowns really began suffenng significant disinvestment problems in the 1960s and 1970s big vacancies popped up and rents plummet- ed making them a fertile environment for furniture and antiques stores — busi- nesses that generally need large inex- pensive spaces Thats why you see so many downtowns with clusters of an tique shops 5 Buildings Does the downtown dis tnct have a cohesive core of older and/or historic commercial buildings? Do they reflect the distncts evolution or do they reflect a static moment in time? Your downtowns historic buildings are vital to its future More than any other element they create a unique mar keting identity for the district that helps distinguish it from all other shopping options Shopping centers look alike but histonc main streets are one of a kind Fortunately traditional downtown storefront buildings are endlessly flexi ble adaptable for just about any new purpose that arises Its not for nothing that downtowns were able to convert the buildings that once housed businesses like blacksmith shops and penny arcades into new uses in the first half of the 20th century However it is imperative that build mg rehabilitation projects and new infill buildings support the rhythm of the streetscape by using compatible building characteristics — height mass scale set back and so on I have to admit though that I find many downtown design requirements disappoint ing Many of them create such specific parameters that architects and design ers choose to play it safe rather than create innova tive designs 6 Retail continuity Retail businesses work best when they re physi- cally grouped together on the street When people strolling down the side walk come across a non retail use (a professional office for example or a vacant space) they per ceive it to be the end of the retail district and their Interest wanes A small (but growing) number of commu- nities have enacted ordinances that require that ground -floor spaces along pnmary downtown shopping streets be used only for retail businesses with pro- fessional offices located on side streets or in upper floor spaces 7 Store hours — or rather the con- nection between store hours and market segments A business owner in Iowa once told me that a business thats open from 9 to 5 caters to the unemployed I have seen downtown businesses literally double their sales by simply shifting their store hours from 9-5 to 11 7 Same num- ber of hours but more convenient for most shoppers 8 Downtown economic develop- ment strategy Has a solid retail market analysis been conducted in the past five years and has the community used it to outline and pursue a realistic downtown economic development strategy? Has the strategy produced tangible results? If I were to ask a downtown merchant or property owner a city official a realtor or a banker what the distncts economic development strategy is would he or she be able to tell me? 9 Organization What organization coordinates the downtown revitalization initiative? Does it have strong support from and involvement of a broad range of public and private sector entities in the community? Is it perceived as an In many communities downtown design guidelines inadvertently discourage creative storefront and building design Would you want to preclude a storefront as interestingly designed as Jims Steaks in Philadelphia? effective organization? If I asked some- one to name the most effective organza tions in the community would this be one of them? 10 Resources in place to support business development How does the downtown district s management pro gram develop new businesses? How do new businesses find the district? Are there plenty of resources available — financing job training mentorship mar ket information — to cultivate and encourage development of new down- town businesses? 11 Planning commitment to down- town I ve saved the most important con sideration of all in sizing up a downtown for last do the communitys planning and land use policies actively encourage downtown development? You 11 rarely have a healthy vibrant downtown with out a strong commitment to this reflect- ed in the comprehensive plan and backed up in zoning and related ordi nances More on this in future columns • Kennedy Lawson Smith is a principal with the Community Land Use and Economics (CLUE) Group a consulting firm specializ mg in downtown economic development She served as director of the National Trust for Historic Preserva trons National Main Street Center from 1991 2004 Her Downtown Matters column is now a regular feature of the PCJ PLANNING COMMISSIONERS JOURNAL / NUMBER 58 / SPRING 2005 THE EFFECTIVE PLANNING COMMISSIONER On Gauging Public Opinion do you and the other ning commissioners keep your figurative fingers on the pulse of your community? There are many ways to ascertain public opinion and attitudes and it is very important that you choose those that suit you and your commumty That does not imply you should always change well reasoned and substantiated findings if some people seem to think otherwise However it is important to know prevail- ing attitudes on general planning issues or specific areas of contention Polls questionnaires and other techniques described below can help you Scientific surveys Usually conducted by phone surveys are the most accurate opinion research tools — and also the most costly Pollsters can test any sample of the population you require and pro- vide statistically accurate results As the client keep close control over the con- tent of the questions and make sure they cover your issues in a factual and unbi- ased fashion For statistical accuracy a professional pollster should craft the exact language but the commission and staff should control the topics to cover' Written questionnaires The value of a questionnaire is that it can be broadly distributed with minimal cost There are many ways if you have a website post it there ask the local newspaper editor to pnnt it send it out with utility bills leave stacks at the local library market and other places people gather ask the schools if they can send them home with the children In other words be inven- tive and you will find many ways to dis tribute it Schools may be more cooperative if you include a question or two important 1 For a more detailed look at how planning depart ments can develop and make use of surveys and ques tionnaires see Thomas Miller s Citizen Surveys m PCJ #35 available to order & download at <www plannersweb com/atizensurveys html> by Elaine Cogan to them They probably have parents who will volunteer to help you collate the results Retired seniors church and civic groups are other sources of free labor It is important to remember that unlike scientific surveys such question- naires do not have statistical reliability THE- VALUE_OF A QUESTIONNAIRE IS THAT IT CAN BE BROADLY DIS-T-RIBUTED, WITH MINIMAL COST. Even so as with surveys the ques- tions should be unambiguous and factu- al neutrally worded and relatively easy to answer For example on a scale of 1 to 5 1 being highly agree 5 disagree what is your opinion of the following (fill in the issues) Always leave space for personal comments Also consider asking demographic questions such as age gender zip code or neighborhood and how long respondents have lived or owned a business in your community Names should be optional Focus groups These are facihtated dis- cussions with usually no more than 10 or 12 participants chosen as representatives of specific segments of the population whose ,opinions are important to you Many times they are paid a stipend for their participation The validity of the results is dependent to a great extent on the skill of the discussion leader in solic- iting information from a roomful of strangers and -how --accurately the few people represent the population you want to hear from This is best accom- plished by hinng a professional firm On the street interviews Paid inter- viewers or volunteers who stop people on the street or at malls or supermarkets is a marginally useful technique Many Just do not want to be bothered and some may become hostile The questions must necessarily be brief and require simple answers Their pnmary value is getting the word out that the planning board is genuinely interested in public opinion Internet dialogue This can be based on a written questionnaire but also include additional information and encourage the exchange of opinions You may receive more responses than you antici- pated or the conversation may go off in a direction that makes you uncomfortable but such electronic town halls are becoimng increasingly popular Presentations and feedback Whenever commission members and staff give speeches or presentations to community groups you should include a time for questions Having a staff person or vol- unteer keep a summary of remarks is still another way to keep track of public opin- ion Letters to the editor or opinion columns Though only the most motivated people usually take the time to use this forum you should read them as they represent still another segment of public opinion Not one of the techniques discussed is sufficient unto itself in giving you and the commission an accurate understand- ing of public opinion on planning issues Knowing the range should enable you to choose those most appropnate to your needs ,ln-gauging_public opinion it is best to use many techniques and use them continuously • Elaine Cogan principal in the Portland Oregon planning and communica tions film of Cogdn Owens Cogan LLC is a consul tant to many communities undertaking strategic plan ping or visioning processes Her column regularly ap pears in the PCJ PLANNING COMMISSIONERS JOURNAL / NUMBER 58 / SPRING 2005 SMARTCODE LICENSING FREE, PAGE 3 / NEIGHBORHOOD CHURCH RETURNS, PAGE 6 NEWURBAN Niiws COVERING DESIGN is DEVELOPMENT OF HUMAN —SCALE NEIGHBORHOODS VOLUME 10 NUMBER 3 APRIL/MAY 2005 x 0 Pave paradise? No, ditch the parking lot Planning expert Donald Shoup offers a novel solution to places damaged by too much parking PHILIP LANGDON For years urbanists have tried a wide assortment of tactics to reduce the damage that parking mfhcts on communities Now comes UCLA urban planning pro- fessor Donald C Shoup with a radical yet carefully argued prescnption Govern- ments should stop requiring off-street parking In The High Cost of Free Parking Shoup systematically attacks ingrained ideas that have prevented urbanists from asking the most basic question of all Why should governments require parking other than on the streets? Few people now recognize parking requirements as a disaster because the costs are Fadden and the harm is diffused Shoup says in the 734-page $59 95 hard- cover from APA Planners Press He contends that parking requirements cause great harm they subsidize cars distort transportation choices warp urban form increase housing costs burden low income households, debase urban design dam- age the economy and degrade the environment His verdict Off-street parking requirements have all the hallmarks of a great planning disaster A Yale -trained economist and former director of the Institute of Transportation Studies at UCLA, Shoup says the longstanding municipal practice of assigning parkmg requirements is nonsense Urban planners set minimum parking require- ments for every land use but the requirements often seem pulled out of thin air or based on studies that are poorly conceived he says In turn these faulty stan- dards and policies are perpetuated as they are copied from one city to the next CONTINUED ON PAGE 3 A church terminates a square in the town center of Acadia Plantation a new town under construction in Louisiana See page 6 for an article on religious buildings in new urban communities For a story on traditional neighborhood developments in Louisiana see page 8 )r ►x -�+' f �, V� �- Tea '$'�'+�' /^.-~'S..� New urbanists design town for deaf ROBERT STEUTEVILLE ne of the boldest new urban visions to date was created m late March for a field m South Dakota that would not ordinarily be a candidate for large- scale development But this is no ordi- nary project Laurent a town designed for the hearing -impaired and for sign language users may be the first community of its type anywhere It also may become the first new urban community incorpo- rated as a town Another unusual aspect of Laurent is its Interstate highway on- entation Named after French educator Laurent Clerc who pioneered sign lan- guage in the US in 1816 the town is planned at an Interstate 90 interchange 30 miles west of Sioux Falls The $100 milhon project is slated to break ground CONTINUED ON PAGE4 INSIDE } SGGCr �. d,i ! , � F{ABERT`SiitEl3TEV1ltIE6 i 4REDITORA Q PUBLISHER~ A ,, it hYpf11p f`,-AN§p9N- """'T 2,E 4. r., �1/4,' SEND EDITOR y am ' `aC' `a',,;,g,rj -'•- -c .1<v0-4 yRgREFTa D1XON `� ��_ \ ^� �* SEMFORADMII6135TRgTOR 4 x *4IY“ KARENNz,GOBRE'5-PT 1 hti •' "'ter riPRI DUCTIQ051S1;ANT `r' t i xY l ,s ` n ry,�4-lsA1A RQSENTH#Li ,, 1.xPRAp4CTION ASSISJA117 A K v'' .. °S ARAFI K J RROWf1 'a '�`1 jlFCPUNT&'ANP-ikyI{OLL, MA OGER ^'s t' -,-_,.1"--, ^ 1CQf,7 EOtTQR �5,y '''`N q t'ikiW URBAN NEWS I,4 P4.IBLI51iEIV- w l'-_ 1 ):IGt'ETIMESFA>{ ARe '.F "v , SUB,kCRIP�ICN c$79/;ff91lt(tif>, NgQA1 r5 IN OTFOR,COUNIRIES $9ME�RA 'Sr # §71iDFNT 545/YEAf ,7SGLE405V $a� NLyUkTIPLEBC1F I6,5UES O ittu,,,f, rsr rrAPAYA NT JN tiSaDO�L9Rg s s , reAdA1� N � D▪ D1CS -FOIL BgT,H'J s--IT.. , �r'-7 1 9 4 µ• fNEWrURBAI,P19 S D1 X 6 tr."-: ,r)„, ,11TFJA A ,1, 413 bis' -4' '� ' -{ �t ,i,s� .?i sou` � -+.�`"� 4 , � ., Mu' 44A` ,6 has#7 8, $' ,i ro t -'`, l�nc�xi 60]!2�`2 26 f -4, V ,- E14tAIE MAIL@ E UIiBAN1 EW$ C 1:▪ 11?- _ c� s +a _ k7 tip:. yr' �'�'`r��: +``t �" � '�� ' ,. 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''`ter h > 8 r- 1 COMMENTARY `Taking back' what belongs to many PHILIP LANGDON Acurious thing happened to the planning profession on its long road to recov- ery The American Planning Association came closer than ever to endorsing New Urbanism s principles but displayed a surprismg lack of respect for many of the people who put those principles into practice In a speech March 20 in San Francisco welcoming 6 000 planners and students to APA s annual conference President Mary Kay Peck declared that the US is on the verge of a golden age of planning People are building what we espouse Peck said There are traditional neighborhood developments being built in 43 of the 50 states Amencans she pointed out increasingly want places where they can walk and are eager to stop being overly dependent on automobiles Transit is breaking records m cities all over the country Peck said adding, People are starting to use our language — a language that emphasizes values such as authenticity and sense of place From beginning to end the four and -a half day conference put new urbanist concepts and methods in the spotlight There was an entire track of sessions called New Urbanism Comes of Age plus tours of developments like Santana Row in San Jose and the waterfront distract in Hercules California The fastest growing subgroup in APA is the New Urbanism Division 450 members strong after only about three years of operation As if to signal where the profession is heading APA devoted its final session to a panel discussion in which several of New Urbanism s founders — including Judith Corbett Peter Calthorpe and Daniel Solomon — summed up New Urbanism s accomplishments and pondered the challenges ahead A DECADE AND A HALF OF LEARNING My sense is that during the past 15 years many planners have absorbed the new urbanist emphasis on the need for physical design and making great places — set tings where shops services housing employment and public spaces are nearer one another A significant number of planners have started to see themselves once more as advocates for good principles of community design drawing on New Urbanism regionahsm and environmental conservation Tlus is a welcome change The prob- lem now is that the APA seems to have become jealous of competitors possibly in trudmg on its turf Others are trying to claim our message Peck said Groups such as builders and real estate interests she complained are saying they are responsible for attributes such as sense of place With those observations as background Peck delivered APA s truculent new slogan We are gomg to take it back I m glad to see the profession expressing renewed interest in how to shape walkable, transit connected mixed -use communities But APA is makmg a mistake in daimnng most of the credit for what has so far been achieved In point of fact architects such as Calthorpe Solomon Andres Duany Elizabeth Plater-Zyberk Elizabeth Moule and Stefanos Polyzoides more than planners played the leading roles in getting New Urbanism started As for educating the public no one did more to popularize the phrase and concept ' sense of place —than New York architect Robert A M Stern in his eight -part Pubhc Broadcasting series Pride of Place, way back m 1986 A few developers notably Robert Davis Joseph Alfandre and Henry Turley appeared in the forefront, shouldering the financial nsk of introducing the first traditional neigh borhood development Some planners also quickly joined the movement but the profession as a whole went on pennitting single -purpose tract housing developments shopping centers with awful pedestnan access and isolated business parks Too much of the profession contmues to do that The best thing for the Take it Back campaign would be a quick burial Plan ners and new urbanists need the cooperation of all sorts of people so that the re mairung obstacles can be overcome — in real estate finance, fire department de- mands retailing conventions, zoning codes and other domains The movement will lose ground if the discussion becomes fixated on questions of who is respon sible for what s been accomplished Only by working together and downplaying questions of credit will we improve our communities • APRIL/MAY 2005 2 NEW URBAN NEWS SmartCode now free of licensing Planners and public officials are now free to use text and images in whole or in part from Duany Plater Zyberk & Company s SmartCode with out paying a licensing fee according to Andres Duany DPZ the author of the code previously charged $10 000 for its use Few municipalities paid the fee and the firm decided that it would get more widespread use if made available at low cost or no cost Duany says The Municipal Code Corporation (Murucode) of Tallahassee Honda pub- lisher of the SmartCode will continue to sell the code in hard copy form Duany says As of late March version 51 of the code was offered at mumcode com for $59 The firm said that version 6 2 would be available shortly Meanwhile DPZ and PlaceMakers published an educational version of the SmartCode in March The 11 by 17 inch 24-page full color document is a beautifully illustrated and detailed re source for explaining the SmartCode and the urban rural Transect SmartCode Version 6 5 as this docu ment is called contains most sections of the code along with articles on con cepts underlying it such as traditional neighborhood development and the Transect It is available at dpz com or tndtownpaper com Version 65 states that a complete electroruc version of the code will be made available on the web for free at dpz com although this was not the case by press time DPZ, which mvested $200 000 m cre- ating the SmartCode is still partnering with PlaceMakers an architecture and urban design firm to vigorously pro- mote the code and assist in its imple- mentation PlaceMakers presented a four day SmartCode workshop in At lanta Georgia, the first week of April A SmartCode Manual authored by Wil- ham Wnght Duany Sandy Sorhen and Gustavo Sanchez among other con tnbutors, is due out this summer The idea of dropping the hcensmg fee came about Just as v6 5 went to press and the document was revised to reflect that decision Duany says He was unequivo- cal about its use Anybody can use any part of the code as long as we are given credit he says The credit is important for the firm to mamtam its copyright and avoid letting somebody else claim it Duany explains Although the firm will be losing a few $10 000 checks Duany says it is more important to see the SmartCode adopted widely We have plenty of $10 000 checks coming in for our [design and planning] work he says • Parking FROM PAGE 1 The planning profession in its eager- ness to be comprehensive has identi fied more than 600 different uses, each with its own parking requirement A gas station must provide 15 parking spaces per fuel nozzle and a mauso leum must provide parking spaces per maximum number of interments in a one -hour period Why? he asks No- body knows Shoup has written a biting volume that presents detailed examples and ex hibits high ambition His goal is to transform future debates about parking and save cities and towns from what he sees as misguided attempts to make parking free and plentiful After they have considered the evidence Shoup says I beheve planners will eventually admit that off street parking require ments are a well intentioned folly simi lar to lead therapy — a poison pre scribed as a cure In assailing the parking requirement enterpnse Shoup argues • Off street parking requirements encourage everyone to drive wherever they go because they know they can usually park free when they get there Those who don t dnve nonetheless sub- sidize the parkers through higher pnces that are charged to everyone for goods and services • Parking requirements create es- pecially severe problems in older com mercial areas where it is often impos- sible to erect new buildings at trade tonal densities while satisfying muruci pal parking ratios Shoup says such re- quirements have hindered the rebuild ing of Los Angeles s older retail corri dors that were destroyed in the 1992 riots • Off street parking requirements especially harm low income and renter families because they own fewer cars but still pay for parking indirectly Nonprofit developers in San Francisco have estimated that parking require- ments add 20 percent to the cost of each affordable housing unit and reduce the number of units that can be built on a site We re forcing people to build park- ing that people cannot afford observes Aimt Ghosh the city s chief of compre- hensive planning A study in Oakland California found that requiring one parking space per dwelling increased housing costs by 18 percent and reduced density by 30 percent • Past some critical point more parking spaces harm rather than help the central business district They reduce compactness and proximity — chief ad vantages of an urban location • Popular historic styles like court- yard housing cannot be rephcated with today s parking requirements NEW URBANISTS, ALSO New urbanists need to pay close at- tention to parking Shoup says He notes that the SmartCode produced by Duany Plater-Zyberk & Company and mtended to facihtate urban development none- theless includes parking requirements, such as three spaces per 1 000 square feet of retail in a city center Even at the fountainhead of new urbanist thinking, parking requirements dictate density and cars rule the city, Shoup asserts Much of the solution to the parking morass hes m letting the market decide how much parking is provided and where Shoup suggests Presumably the result will be fewer parking lots a higher density of development, and a shift to- ward mass transit bicychng walkmg and other forms of movement The money saved can be put to other uses He notes In 2002 the total subsidy for off-street parking was somewhere be tween $127 billion and $374 billion a year If we also count the subsidy for free and underpnced curb parking, the total sub- sidy for parking would be far higher Reducing or removing off-street parking requirements can increase the supply and reduce the price of all housing without any subsidy Shoup contends Many brownfield sites that are now difficult to redevelop may sud- denly find economic uses if cities re- move off street parking requirements If less off-street parking were sup- plied, wouldn t motorists tend to park on the streets, especially where spaces are free? Yes Shoup acknowledges So APRILJMAY 2005 3 he suggests changing municipal poll cies on curb parking too I recommend charging for curb parking (which does not necessarily require conventional parking meters of course) whenever there would be a shortage of curb spaces in the absence of chargmg Shoup told New Urban News If parking is not in short supply when it s free there is no reason to charge for it according to Shoup I recommend the classic Goldilocks method of setting the pnces for curb parking the price is too high if too many spaces are vacant and the pnce is too low if no spaces are vacant When about 15 percent of the spaces are vacant the pnce is just nght Charging market rate prices for on - street parking would bring in revenue from parkers and in his view it would discourage unnecessary automobile use He notes that free or low rates at meters encourage motonsts to cruise the streets generating congestion and pollution while looking for spaces that are cheaper than those in parking ga- rages Cities could review their parking rates and adjust them to the demand In entertamment and shoppmg distracts that stay busy until late in the evening meters might charge $2 an hour during the day $3 in the evening, and become free after 2 a m One way to make the shift from free on -street parking palatable would be to establish parking benefit districts These are organizations, possibly at the neighborhood level, that would decide the rates for curb parking in their area and receive at least part of the revenue They could spend the money on pubhc benefits for the neighborhood Shoup says • Laurent FROM PAGE 1 this fall It has attracted attention from news organizations worldwide Laurent is currently planned for 2,500 people but the 280 acre site could accommodate up to 7 000 residents with a denser mix of housing types accord mg to Terry Sanford planning director of Nederveld Associates the lead plan- ning firm The blocks can accommo- date single-family or multifamily dwell- ings he says No residential market study was conducted partly because of the difficulty in judgmg the potential The town is expected to draw sign lan- guage users from across the globe but exactly how many is anybody s guess As of late March 92 famihes and indi- viduals had made reservations to hve in Laurent according to Marvin Miller chief operating officer of The Laurent Company the developer Miller s mother-m-law, M E Barwacz is chief executive officer A dozen future resi- dents attended the design charrette The commercial possibihties which stem from the location and focus of the community are slightly easier to antici- pate At this point we have interest from McDonald s Subway a couple of hotel chams, but it's still early Miller told New Urban News in an email We anticipate building a grand hotel with large indoor water park as well The latter facihty is a popular winter enter- tainment feature in the upper Midwest Organizations for the deaf are expected to have offices m Laurent and a perform - mg arts center is planned, Sanford says Live -work units for computer specialists and other entrepreneurs are proposed as well The town will also have a fire sta- tion school (for both the hearing and the deaf) town hall and perhaps a church Sanford adds The design team included Charrette Center of Mmneapohs and 180 Degrees Design Studio of Kansas City — firms experienced in new urban town plans The urban design of Laurent is based on a rruxture of European and Amen - can influences Sanford says Miller, who was born deaf and has a wife and four children who are deaf, toured nu- merous new urban projects and historic cihes and prefers the cranky, informal urban structure of Europe explains Sanford The main street and commer- cial blocks were designed to achieve that character The residential blocks were designed in the more formal gridded manner of an Amencan town The roughly 300 by- 400 foot blocks in Laurent are about the same size as blocks in Berlin Germany, and in the ongmal plat of Salem South Dakota, the nearest town The smulanty in block size may be no coincidence, as German immigrants origmally settled the Salem area Sanford points out NOT JUST FOR THE DEAF The idea of a town for sign language users has drawn some cnticism from those who believe that the deaf should immerse themselves in the larger soci- ety Miller explains that Laurent is not envisioned as a town exclusively for the deaf He hopes to attract hearing sign - language users such as fanuhes with deaf children He told a local paper, the Argus Leader that he anticipated 40 per- cent of children in Laurent would be deaf Businesses especially those oriented to the highway, will be set up to accommo- date deaf and hearing customers The deaf will find greater opportuni- ties in a place like Laurent than elsewhere, says Miller Society isn t doing a great job of integrating us ' Miller told the New York Times through an interpreter 'My children don t see role models in their lives mayors, factory managers, postal workers business owners So we re set- ting up a place to show our unique cul- ture, our unique society South Dakota was chosen, in part to make it easier for the town to gain a measure of political The plan for Laurent features European influences in the town center and an American grid in the residential neighborhood The highway Interchange is shown at upper left q� 4 APRILJMAY 2005 4 Organizers of the federal HOPE VI public housing rede velopment program longtime opponents of federally supported housing and prominent new urbanists met for two days m Wisconsin in late March trying to reach a consensus on how the federal government s approach to housing should change The 29 member group hammered out a brief state ment of core pnnciples which it is hoped will become the basis for future advocacy on housing issues John Norquist president and CEO of the Congress for the New Urbanism had been seeking a meeting with conserva tive and neoconservahve critics of national housing programs for more than a year A major impetus was the Bush administration s attempt to end the HOPE VI program which has converted many dilapidated pubhc housing sites into new nixed income developments designed in accordance with New Urbanism s principles Congress has already greatly reduced appropriations for HOPE VI but it is not clear whether legislators will go along with President Bush s call for eliminating the program entirely The housing forum held at Wingspread a Frank Lloyd Wright designed house in Racine brought together some of the key individuals who devised HOPE VI (including Raymond Gmdroz Daniel Solomon, Henry Cisneros and Elinor R Bacon) and critics and conservative thinkers mclud mg Howard Husock of Harvard s John F Kennedy School of Government and Sam Staley of the Reason Foundation Norquist and others argued that conservatives should join A street scene m Laurent clout Communities of over 100 people can incorporate for example and it is easier for a small town to have influence in a state with only 750 000 residents The first step will be gettmg approval from McCook County (population 5 864) South Dakota has very little regulation — that s the beauty of it Sanford says The county road commis- sioner was at the charrette and was asked whether he would have a prob- lem with the proposed narrow street sec- tions, Sanford explains He told us there are two kinds of roads in the county — dirt and oil Anythmg that you would do would be an improvement Opposition to the plan came from farmers who feared that development spurred by the town would curtail their operations Possible remedies were sug- gested such as an agreement that town residents would not sue existing farms Sanford says Four out of five county commissioners expressed support for Laurent before the charrette, and, if anything that support strengthened Sanford says Officials were discussing a possible form based code for the en tire county he adds The financing is in place, according to Miller Besides using our family funds we have been lucky enough to have the father of a deaf daughter bring to us a group of angel investors, who are working with our local bank, First Dakota National to make all the fund - mg to build the town available he ex- plains The developers are talkmg with local builders The Laurent Company also expects to begin hiring a construc- tion team within the next few months adds Miller The team would be com- posed primarily of signers — deaf and hearing skilled laborers A builders guild — an educational organization used to raise construction quality in tra- ditional neighborhood developments such as I On in Mount Pleasant, South Carolina — is being organized Sanford says Architecture will be directed through a code a pattern book and a town architect Miller says • Search is on for new federal housing policy the effort to scrap federal policies that make it easier to pro- duce sprawl and single -use development than to build and maintain mixed use nixed -income neighborhoods The big federally authonzed secondary mortgage market financiers Fannie Mae and Freddie Mac for example make it hard to sell mortgages on mixed -use properties Norquist told New Urban News When urbanism is not on an even playmg field with sprawl in the secondary market, it s hard for it to be the choice of the pubhc he said DON'T FAVOR SPRAWL One core principle is summed up this way Because eco- nonucally dynanuc cities are key to national prospenty, en- able investment in them and their people to allow them to reach their full potential Norquist said this principle pro- vides an opportunity for the group to identify all the federal actions that favor sprawl — and call for reforming them Another core principle is In order to ensure vital neighbor hoods there should be a range of housing types and prices In Norquist s view urbanism produces a good mix of hous mg whereas separate -use sprawl does not The other principle is Americans should have resources through work to afford adequate housing in the private mar ket A safety net should exist for those who are unable to find work New urbanists argued that better design can gener- ate much of the housing needed by lower income Americans but it probably will not take care of everyone David Riemer, APRILIMAY 2005 5 project director for the Wisconsin Health Project said transferring money from programs such as Section 8 rent subsidies into the federal earned income tax credit could push some people out of poverty it would also mesh with con servatives desires to reduce direct gov ernment housing programs Although some participants were dubious about that proposal it s something worth looking at Norquist said A lot of consensus was reached said Norquist who is leading the hous- mg forum It might start a dialogue about housing programs that will be more lively than conservatives Just try - mg to kill them The group will try to flesh out its statements this summer Person after person found it refresh - mg to see people from across the po- litical spectrum come together, not to protect their own turf but to work to- gether on solutions said Steve Filmanowicz communications direc- tor for CNU A session dealing with the issue will be organized for the CNU an- nual conference June 9-12 in Pasadena California • The return of the neighborhood church ERIC 0 JACOBSEN Amature and well conceived new urban community can easily pass the orange juice test That is a resident can send a twelve -year -old son or daughter to the comer store unaccompanied to pick up some jtuce or other basic supphes One could similarly construe a whole senes of authenticity tests for different demo- graphic groups — the school test the cof- fee shop test even the baseball field test But what about the church test? What one might dis cover is that the family piles into the car and dnves across town to worship primarily because there is no neighborhood church within walking distance This arrangement is a far cry from what many of the settlers of colonial America envisioned Founders of old towns like Ipswich Massachusetts if they didn t build the church first certainly conceived of it first —and-then aspired to build their — homes no more than two miles from the meetinghouse In 1634 an easy walk to church was literally the governing principle behind the shape of the town But a lot has happened in this country over the past 370 years or so, and the neighborhood church in 2005 isn t quite as simple a matter as it was during the Puritan migration The most obvious change revolves around pluralism It can no longer be taken for granted that all residents of a community will see a neighborhood church as a sigruhcant good This can make the issue of planning and fmanc- mg a church more difficult Even in cases where logistical issues are worked out it is not necessanly clear which denomi- nation (if any) will own or operate the church In smaller traditional neighborhood developments (TNDs) a typical sce- nano calls for the developer to sponsor The stone church in Southern Village construction of a multifaith chapel or a meeting hall that can also serve as wor- ship space Tlus strategy, which often reflects financial concerns, has been adopted in such projects as Seaside and Rosemary Beach both in Walton County Florida, and Windsor in Vero Beach Florida As Andres Duany puts it the economics of the chapels can be driven by the wedding rentals and so Congregations meet in the elementary school in Kentlands they can come into being sooner than the religious community would have otherwise been able to secure the fi- nances to build them PROBLEMS OF MULTIFAITH BUILDINGS But when economies of scale allow and the developer is interested in in- cluding a rehgious building as an ame- nity a multifaith structure is often less than optimal A generic rehgious build - mg doesn t enliven the space nearly as much as one in which a flesh and blood congregation makes a significant mvest- ment The multifaith solution also doesn t so much solve the issue of rehgious pluralism as put off the problem mdefuutely by casting the developer in the role of religious arbitrator The Celebration Company in Cel- ebration Florida had origi- nally intended a multifaith church, but quickly changed strategies after a few initial meetings with local religious leaders Apparently the com- pany didn t want to have to decide which church would omeet when, and the company o was concerned that each con- gregation would eventually want its own building anyway The denomination tends to be less important than the attitude of the congregation and its leadership De- nominational loyalty is at an all time low No longer can it be assumed that denominational affiliation will be a sig- nificant factor when people are lookmg for a church When the Rev Patrick Wrisley (who describes himself as a postmodern evangelical) began services at Community Presbyterian Church he COURTESY OF MIKE WATKINS APRIL/MAY 2005 6 knew he had to offer something to the whole community and avoid being seen as insular We had a canned food dnve the first week and then sponsored a 'Na tional Day of Prayer event with the Jewish and Muslim community Wesley says As with most churches in TNDs Community Presbyterian Church is used by community groups throughout the week The congregation of the Community Presbyterian draws heavily from local neighborhoods but surprisingly does not include a high percentage of people who had been Presbyterian in years past This suggests that a neighborhood church may be viable if approached in the right spirit Even neighbors who belong to other faiths often support a PHOTO BY ROBERT STEUTEVILLE church s community role When I was in New York I prayed in a synagogue and I can pray here as well — any place is God s place says Raza Ah — a Sunru Muslim living in Celebration Rabbi Jacob Blumenthal of the Shaare Torah Conservative Jewish Congregation which is building a synagogue in Lakelands in Gaithersburg Maryland expresses a similar sentiment A reh- gious building helps to set a tone for the entire community THE PARKING ISSUE Sometimes barriers arise from the needs and expectatrons of the congrega- tions as much as from the developer or the community Parking for example is generally considered essential for church growth Although some new urban projects may incorporate churches with more suburban campus style settings (Christ the King Church in Mashpee Commons in Mashpee Massachusetts is an example) many developers expect the church to conform to the pedestrian scale of the TND just hke everything else The denominational leaders ex- pected 7 to 8 acres for a viable church - plant and it was an adjustment for them when we offered them 1 3 says Jim Earnhardt the project manager for Southern Village in Chapel Hill North Carolina But churches are capable of learning about pedestrian scale Between an adjacent park -and nde lot and the restored tradition of walking to church parking has not been a problem says At left the Rosemary Beach Town Hall which also can accommodate worship services At right, a church and baseball stadium represent the sacred and the profane in the town center planned for Meriam Park APRIL/MAY 2005 7 Craig Wood chair of the council for Christ United Methodist Church in Southern Village And then there is the question of aes thetics Developers tend to see the church and the worshiping community as an amenity — and they also tend to appreciate the look of a church in a neighborhood or town center In many cases it is the developer who has the greater stake in the iconic value of the church— especially if it serves as a focal point terminating an important vista However, sometimes the congregation goes beyond the developer s expecta- tion In Southern Village Bryan Proper- ties initially envisioned a modest white clapboard structure m the center of town but the congregation of Christ Uruted Methodist took that vision fur- ther Members built a lovely stone church housmg a 350-seat sanctuary A skeptical church member thought the congregation would never be able to fill a church of that scale but now it is run- ning four services at full capacity It does feel a bit like one of those if you build it they will come scenarios says Wood Although the church was com- pleted in 1999 the congregation was fi- nally able to see its dream to comple- tion with the installment of a 140-foot bell tower just this year THE COST OF DESIGN AND MATERIALS Because of aesthetic concerns church buildings m TNDs tend to be expensive Not only do iconic elements cost more (bell towers and starred glass windows are not cheap), but the building is often seen from three or more sides — so cut- ting back on construction materials and details is that much harder Conse quently well -executed churches in TNDs tend to begin with the congrega- tion meeting m a local elementary school or movie theater until members can raise enough money to build a significant structure Even then, some of the nicer projects have depended on denomma tional support or a significant patron to execute the vision Other congregations are content to meet m a rented facility mdefuutely and are in no hurry to build a structure of their own In Kentlands (Gaithersburg, Maryland), for example, the Rachel Carson Elementary School is home to three local congregations In some ways, this allows for a greater ex- pression of religious diversity and buys time as some of the building details are ironed out Despite the hurdles and potential problems the practice of including a prominent church in a TND seems to be gaining momentum Many new ur- ban communities currently being planned reserve an important site for a community church One of the more mterestmg examples is Menam Park m Chico, California its plan includes a baseball stadium (see March 2005 New Urban News) as well as a church on a central plaza that will be the hub of the community In order to make a place worth caring about we felt that the site had to reflect both the sacred and the profane says Tom DiGiovanni a de- veloper of Menam Park The issue of what constitutes an ap- propriate expression of the sacred and the profane in a contemporary North American context will provide ample opportunity for civic exchange as well as the evolution of excitmg new prac- tices such as the Chico example of al- lowing a church and a stadium to share a plaza Since passion for issues mvoly- mg religion shows httle sign of abating these types of questions won t be go - mg away soon New urbanists aspiring to an architecture of community will be wrestling with the question of how to accommodate religious structures for a long time to come • Enc 0 Jacobsen is author of Sidewalks in the Kingdom New Urbanism and the Christian Faith (Brazos Press, 2003) A Presbyterian pastor and a doctoral stu- dent at Fuller Theological Seminary in Pasadena, he can be contacted at enc@sidewalksmthekmgdom com A wave of TND in Louisiana From 1999 to 2004 only one private - sector traditional neighborhood de- velopment (TND) was under construc- tion in Louisiana That first project River Ranch in Lafayette achieved commercial and aesthetic success and New Urban News reported last year that it was inspiring a lot of Louisianians to look favorably on TND Recently five new urban communi- ties came under construction in Louisi- ana a sixth was approved, and a sev- enth was moving through the entitle- ment process, according to Steve Oubre of Architects Southwest which designed River Ranch and the new projects The projects range from 54 to 2 000 acres with an average of nearly 600 acres They are spread across the state from Covington in the east to Lake Charles m the west and all the way up to Shreve- port in the north Most of the new projects — all greenfield TNDs one is an extension of a small town — moved through approv als quickly Oubre gives significant credit to River Ranch for the rapid pernuttmg We have taken all of the review people to River Ranch, he says That has been the deciding factor When they come they are totally disarmed River Ranch was designed in 1997, before it broke ground real estate ana- lysts and investors expressed skepticism that it would succeed says Ann Daigle a former planning director for Monroe Louisiana After the TND got underway it was so apparent that River Ranch was The town_ center In Terra Bella APRILJMAY 2005 8 and school— will also be built m the first phase The developer is the Jaron Corp • Provenance a 377-acre neighbor hood m Shreveport with two village centers a school a church and more than 1 500 residential units being de- veloped by Vintage Realty • Willow Grove a 111-acre project with a mixed -use village center and ap proximately 400 uruts being developed in Baton Rouge by Richard Carmouche • Terra Bella a 97 acre new town m Covington with a village center school and about 700 residential units being developed by Mark Malkemus • a great place that it depressed the mar- ket m other areas explains Daigle now an urban development manager for the City of Ventura California ONE SUCCESSFUL PROJECT All it takes is one very successful project m the ground to change people s attitudes she adds We ve seen the proliferation of all this sprawl but [Louisiana residents] understand the traditional pattern and there is a lot of support for TND The biggest deterrent is [conventional] codes The 256-acre River Ranch is about 60 percent complete Oubre says River Ranch developers Robert Daigle and Rodney Savoy are now breaking ground on Sugar Mill Pond a TND that at 510 acres is about double the size of their first project Sugar Mill Pond is an extension of Youngsville a historic town just south of Lafayette — the old street grid extends directly into the new project The project will feature a siz able town center with 350 000 square feet of first floor retail topped by more than 450,000 square feet of residential Other Louisiana TNDs mostly in the early stages of construction are • Olde Towne at Millcreek a 54 acre village near Lafayette that features a NEW URBAN NEWS Kids ride bikes in River Ranch Ann Daigle who has seen a lot of TNDs says River Ranch has more people on the streets and sidewalks than any comparable new town that she has seen PHOTO BY ANN DAIGLE small mixed use center with a town hall and 25 000 square feet of retail under residential units Edward Lamb is the developer • Arrozal a 2,200-acre community with five villages being developed by Chad Thielan It is seven miles from downtown Lake Charles • Acadia Plantation a 970-acre new town in Thibodaux, about 35 miles west of New Orleans The first phase will in clude substantial retail and residential plus a hospital district and an assisted hvmg facility Four civic buildings — a fire station children s museum church Sugar Mill Pond, below connects directly to a historic town A street is envisioned for Provenance, upper right and a village green in Terra Bella below right APRIUMAY 2005 9 Fruitvale Village replaces park -and -ride When the Bay Area Rapid Transit system announced m 1991 that it wanted to build a parkmg garage next to its station m the Frmtvale section of Oakland the Spanish Speaking Unity Council said no there must be a better idea Fourteen years later the better idea has taken physical form a stylish four story complex called Fruitvale Vil- lage, which contains 47 apartments 40 000 square feet of retail space and 114 000 square feet of office and com- mercial space From the station fourth busiest in the East Bay commuters can walk through a plaza lined with eating places a shoe store a record store FedEx a dry cleaner and other retail and service businesses Those who live m Fruitvale Village go upstairs to 37 apartments of 800 to 1 100 square feet rentmg for $1 100 to $1,800 a month and 10 subsidized apartments that rent for less The Oakland Pubhc Library oper- ates its Cesar E Chavez Branch at the complex s western end The Fruitvale Bike Station supervises free indoor parking for 236 bicycles m addition to repairing bikes and selling bike sup- plies Dental offices an optometrist a senior center Head Start a bridal shop and the offices of Unity Council are among the other offerings rounding out the Village From the retail plaza a pedestrian passage called Avenida de la Fuentes leads to International Boulevard a busy shopping thoroughfare serving a dis tract that is 52 percent Latino 23 per- cent Asian, 16 percent African -Amen - can and 7 percent white Poverty and crime — the station had the second - highest crime rate in the BART system m`the early 1990s =made it hard -for — some to grasp the possibility of estab- lishing a hvely transit onented devel- opment on what had been parking lots in a tough location But Arabella Martinez CEO of Unity Council per severed Eventually BART agreed to build its parking garage on a different property Unity Council formed the Fruitvale De- velopment Corp which built the $100 million project on land that is leased from BART for 95 years At Unity Council s urging the city adopted a zoning ordinance banning construction PHOTO BY PHILIP LANGDON FRUITVALE TRANSIT VILLAGE OJhod OWmma Ms. Pow ° OW — • i Zjar 4k diawook v 4. * uses fsF790 a• °1" r4h5 S Pr's# e`I __ o 444 of arty additional parking immediately around the transit village Arguments for the ban emphasized the desire for less traffic congestion better air qual- ity and a pedestrian oriented atmo- sphere AIDING REVITALIZATION -- It is a beautiful development, —says - Gilda Gonzales who became CEO af- ter Martinez retired a few months ago It has added value in the revitalization of the Fruitvale neighborhood It has brought outside money and outside folks that would not have come other- wise Grand openings took place in October 2003 and again in May 2004 as retailers gradually moved in It took a year to get the market rate apartments 100 percent rented, accord- ing to Gonzales, and office and retail leasing has remained challenging ' As of early March 20 000 square feet of The Fruitvale Village plan above and a paseo left with ground floor retail and apartments above commercial space and about 5 000 square feet of retail remained to be leased Now we re in the real work of making it viable she says of the non- residential part of the project Many commuters who drive to the station don t patronize the businesses a great deal Coming through the plaza there —is not that much foot traffic she says even though there is a tremendous amount [of foot traffic] on the fringes ' Unity Council hued Allan Jacobs and Elizabeth Macdonald of Jacobs Macdonald Cityworks to design the retail plaza and the pedestrian passage and to redesign a two block segment of International Boulevard, formerly 14th Street The designers narrowed the street and installed a landscaped me dian 12 feet wide with benches at each end Jacobs says the changes are start ing to make an impact On Interna- tional Boulevard the traffic goes pretty COURTESY OF FRUITVALE DEVELOPMENT CORP APRIL/MAY 2005 10 slowly Traffic used to race through there he observes People are beginning to use the median for walking The pedestrian pass through has just been built Jacobs says and is going to get uses opening onto it It needs more trans parency and uses Gonzales says the crime situation now is really mild con sidering the demographics Business on International Bou levard has been improving she says and Fruitvale s image as a poor immigrant neighborhood is evolving with people seeing it as a viable up-and-coming neighborhood She an- ticipates that marketing efforts will bring more BART riders into the retail plaza perhaps with the aid of activities such as a farmers market Long-term plans call for Fruitvale Development to con- struct more than 200 housing units on four nearby acres of surface parking That will strengthen the center, says Jacobs adding You ve got to give these things a bit of time • Revived Santana Row becoming a destination antana Row the shopping and housing development so large and costly that for a while it caused Federal Realty Investment Trust to swear off undertaking such projects now appears to be doing well The $455 million redevelopment of a shopping mall in San Jose California currently boasts 18 restaurants (plus several small specialized operations such as Peet s Coffee and Starbucks) and the number is expected to grow Brooks Brothers is about to join the dozens of upscale stores already doing business along its carefully orchestrated streets Many of the stores are owned by retailers with only one or two other locations Planners for the city felt consternation when Federal decided to add the big box outlets Best Buy and the Container Store to the complex said Joseph Horwedel deputy director of San Jose s Department of Planning Build - mg and Code Enforcement However those stores have suc ceeded in fitting into attractive streetscapes During a tour sponsored by the American Planning Asso ciation in March Horwedel described Santana Row as a quasi urban project with private streets and little m terms of civic buildings — a faux downtown Yet he observed that the 42-acre development has proven highly popular and is providing design lessons that the city is applying in the real downtown about four irules away, which continues to add housing restaurants and cultural activities but which has trouble supporting retail In particular Horwedel praised Federal s skill in conceal - mg parking garages behind retail and residential uses and in giving streets with large buildings great variety They wove a tremendous amount into the project he said He noted that Richard Heapes played master architect ingeniously There were two main architecture firms on project — Sandy & Babcock and BAR Architects Heapes assigned buildings to each of them, and then enlivened the results by getting one firm to add to or alter the other architect s work Although the city prohibited destination' restaurants hke Hard Rock Cafe Santana Row has a large complement of dining places and Horwedel said some retail will change to restaurants Federal has discovered that restaurants are extremely important in drawing customers to the complex Santana Row also has a Century Theatre complex a hotel and a weekly farmers market The magazine Retail Traffic reported m January that Santana Row has turned around in a big way and the mixed -use con cept is all anyone wants to talk about (Federal is a develop ment manager for the Rockville Town Center a large mixed - use project that is to open in Maryland in 2007 ) According to a recent company projection Santana Row is expected to at - tam its origmal projected yield of 5 percent by next year Fed- eral told Retail Traffic that restaurants have been achieving sales of $800 a square foot and retailers have been getting $500 a square foot with same store sales rising last year by 15 to 20 percent Occupancy of the 255 apartments above the shops ap- proaches 100 percent Horwedel said the company was sur- prised to discover that many of the tenants are people who hve there six months to a year wlule rebuilding their homes The apartments have risen sufficiently in value that Federal is starting to convert them to condos and is expected to build another 256 apartments this year When completed Santana Row is allowed to have 1201 housing units The apartment section that was destroyed in a spectacular fire just prior to opening in August 2002 has still not been rebuilt Nor has the cause of the blaze has been determined Horwedel said • The arched opening of the Valencia Hotel shows how architects at Santana Row have used techniques to create appealing views APRIUMAY 2005 11 How a small Florida city thinks big A suburban city that never had a center moves forward with a downtown For more than three years Temple Terrace Florida on the northeast edge of Tampa has been preparing for what Ralph Bosek regards as the municipality s one big chance to create a mixed use medium density walkable town center In Apnl the 23 000 population city will deliver requests for proposals to the three developers that have been selected as finalists for a 51-acre downtown project Unicorp National Developments Inc based in Orlando Downtown Renais- sance Alliance in Miami Beach and the Tampa office of Trammell Crow Bosek the city s redevelopment director says he has fo- cused his strategy on how a city with no experience in new urban downtown redevelopment can get into the big leagues quickly without making major errors that would cost us down the road He observes When you re a small community with linited resources the question is how do you match up with smart, savvy developers? For guidance Bosek has turned to the National Capital Development Corporation (NCDC) which has overseen many development projects in the Washington region They are allowing us to collaborate with them We re using their RFQ and RFP documents and their contract documents [with modifications] Bosek says They re helping us keep out of some of the holes they ve fallen into over the years NCDC, he says has completed or planned 20 projects giv- ing the organization a broad base of expenence — useful for a small city attempting to create a center that would in- clude a new City Hall a performing arts space townhouses lofts and offices Last year Temple Terrace had Tort' Gallas & Partners of Silver Spring Maryland draw up a master plan for the site and surrounding parcels (totaling 225 acres) and prepare a form based code zoning overlays and a streamlined permit process that can be used by developers adhering to the mas ter plan The city has spent more than $20 million over the last three and a half years aggregating 35 acres of the 51- acre site Bosek says The redevelopment will replace a failed shopping center at a major intersection THREE TEAMS WITH NEW URBAN EXPERIENCE The three development teams that the City Council chose as finalists all have experience in creating mixed use centers Umcorp has been developing part of Baldwin Park in Orlando (see July Aug 2004 New Urban News) and is constructing a town center in Altamonte Springs Florida Urucorp is also involved in a town center being planned in Casselberry Florida Downtown Renaissance Alhance a partnership of LNR Property Corp and Lennar Homes is employing Coo per Carry Architects which has worked on rruxed-use devel- opments such as Mizner Park in Boca Raton and Bethesda Row in Bethesda Maryland Trammell Crow and its subsid- iary High Street Residential based in Dallas have worked on mixed -use centers across much of the nation. Trammell Crow s Tampa office, under Robert Abberger proposes to join forces with High Street Residential to carry out the project m Temple Terrace The Temp e Terrace plan Iett includes 1) City Hall, 2) a cultural center, 3) the Hillsborough County Court House annex 4) a museum 5) a waterfront park and trail system 6) a street extension not visible in this section of the plan 7) open space linkages 8) streetscape improvements to turn this thoroughfare into a boulevard 9) a frontage street 10) more streetscape improvements to create a boulevard 11) Main Street and 12) structured parking with public access A main street view below TORTI GALLAS 8 PARTNERS APRILJMAY 2005 12 Tito eeea� Y��#F 7 Raityl mat,� - ka r ar �e d IfejltL paq tease an,9lIn gn ��., ilg—k e<pul: Otis It .,r 4 r u 'We hope by September first to have a signed develop ment agreement Bosek says Construction on the $300 mil hon project which includes 900 multifamily units and will have an average density of not more than 25 uruts per acre is expected to begin in the second half of 2006 Bosek notes that large firms have shown increasing inter est in such projects Infill work is complex he says and it is gomg to become a bigger and bigger enterprise • DOT plans to knit Trenton back together Asea of parking lots on the periphery of New Jersey state government offices in Trenton may be divided into streets and blocks as part of the state Department of Transportation s plan for converting the Route 29 expressway into a graceful tree lined boulevard Trenton residents have long complained about being walled off from the nverfront by a dangerous speedway the Newark Star Ledger reported March 7 Bowing to those com- plaints the state Department of Transportation has hired Glatting Jackson of Orlando Florida and Vollmer Associates of New York to develop conceptual plans for converting Route 29 into a boulevard intersected with streets that would make it easier to reach areas along the Delaware River A low -speed boulevard three miles long could be built within Route 29 s current right-of-way city planner Andrew Carten told New Urban News Alternatively, part of Route 29 could be realigned so that the boulevard would pull away from the river and run through large tracts of land that pres ently serve as surface parking lots, Carten sees shifting the road s alignment as the better option because it would cre ate a significant amount of development opportunity and transform Trenton s waterfront Whichever option is chosen the project, estimated to cost about $110 milhon would narrow Route 29 s pavement re A section of the new Route 29 in Trenton is envisioned with townhouses and on street parking move overpasses and construct intersections with roundabouts or traffic signals The speed limit may drop from 50 mph to 35 mph John P Bergan a planning consultant in Pawling New York who periodically advocates civic im- provement in Trenton, said the west side of the city boasts beautiful old mansions and the area would revive if noise from speeding highway traffic is alleviated Mayor Doug Palmer expressed enthusiasm for installing a street grid on extensive state owned parking lots — thus tying the new boulevard to a better designed urban core DOT Commissioner Jack Lettiere predicted the boulevard project would be underway in three to five years It s an idea that is growing in popularity he said Approximately 18 acres would open up to private development Mayor Palmer wants the state to make the parking lots available to the private sector so that Trenton can attract what he hopes will be hundreds of millions of dollars in investment con verting much of that land to housing shops restaurants APRIL/MAY 2005 13 5`wXy; ,T,,-, � Tk- -yrx .', x: : xs ,AAAs.- v 1 -vt-� r� cn t5 t ,ir -1 fof y. ax$ ergp ikai lag, kep ,tore,-' i_c# h tok create a ,gr,a kg�,ti�11e.-,„ � sc� , • r� Nateh iena se�c/'r 7�'-3#3' Mn.l ry,,;".,4. , gia nc 1 1 ONJb and other development Many of the ideas stem from a 1989 master plan that Andres Duany drew up for the Capital City Redevel opment Corp an organization estab- lished during the administration of Gov Thomas Kean Funding is an is- sue, but there is support for this con- cept said Kent Ashworth an aide to the mayor The boulevard may be built in phases rather than all at once Most of the funds presumably would come :,W-UR-BAN UPDATE. ® A design competition for a state capitol building for Alaska — the only state without one — generated extremely modernist entries that are at odds with the urban context and the traditional style of most state capitols The winner from Morphosis of Santa Monica Calrfonua featured swooping glass wings and an egg -shaped translucent dome squatting over the small historic city of Juneau It went over hke a lead balloon with the public Most of the public was against all of the designs reports the Anchorage Daily News Letters to the local paper the Juneau Empire over the past few days slammed the designs as sci-fi and downright ugly Enter Mananne Cusato, a traditional architect who has honed her skills at new urban charrettes, who quickly drew an alternative design after Morphosis was selected in late February In a rebuke to the Alaska finalists Cusato a third - generation Alaskan submitted a lovely design for the capi- tol wrote David Brussat a member of the Providence Journal editorial board The omonesque cupola on its dome reflects the Russian strain in Alaska s history — a reflection of heri- tage expressed in beauty not the abstract metaphor [Thom _ Mayne of Morphosis] prefers Cusato s design includes well-proportioned public spaces that connect to the urban fabric of the city — spaces that are utterly lacking in the design submitted by Mayne who re- cently won the Pritzker Prize for architecture Mayne is refm mg his design and has promised to change the dome so that it does not look hke an egg It is unclear whether Cusato s design — as different from Mayne s as day is from night — will have any impact at all on the process See a detailed view of her design at tndtownpaper com ■ Elizabeth Plater-Zyberk, dean of the University of MI ami School of Architecture and the Knight Program in Com munity Building will lead a charrette July 13-18 on ways to improve the eastern portion of downtown and the adjacent cra I I.t from the federal government Vollmer Associates estimated that redoing the highway would lengthen commuting time by only one or two minutes Engineers insist that narrow ing the road and establishing a steady 35 mph flow of traffic actually will im prove congestion at bottlenecks the Star Ledger reported The changes would require con struction of several parking decks for state employees some of whom are un- happy about the possibility of losing the privilege of parking at no charge Residents of some streets that would be connected to the boulevard have expressed fears that easier access would increase cnme — a serious con- cern in a city with a high rate of of- fenses However Carol Beske of ACT Engineers part of the DOT project team reassured residents that on the contrary, additional activity creates less opporturuty for crime • —l— -y9A-Aerg,vort ✓/l otf A a `T/9E ,�l4f,te frgze ��P/To 4.1 w aomv •41C f Hillside/waterfront areas of Duluth, Minnesota The city and the Duluth Local Initiatives Support Corp are cospon- soring the charrette which could help the 86,000 popula tion municipality shift the focus of housing, jobs, and com- CONTINUED ON PAGE 18 The Morphosis design, above, and Cusato s vision left APRIL/MAY 2005 14 Transportation I Transit A Rail terms and application ANDRES DUANY MICHAEL MORRISSEY AND PATRICK PINNELL TOD or transit -oriented development is a complex topic that can nevertheless be demystified In new urbanist parlance the transit of TOD is often as sumed to refer to rail But rail is merely the most glamorous of vanous means including buses circulators and even taxis around which TOD land uses may be arranged The term is bet ter understood as including all sorts of transportation m which the vehicle is held corporately or in common and used for fee This Technical Page will discuss rail transit components and other means will receive subsequent discussion Transit can structure and strengthen an urban fabric, or constrain and even damage it Its potential virtues are mul hple but the contribution to alleviation of traffic congestion alone means one or more forms of it ought always to be planned for — even if not immediately prachcable Rail transit comes in four magnitudes heavy hght street car and trolley Each has characteristic vehicles tracks sup portmg infrastructure urban contexts and sizes of catchment area The differences are not sharply drawn each type is ca pable of some morphological transformation depending upon where it is Ultimately the terms fight and heavy represent less the actual weight of the equipment than its relative physical effect on the urban fabric Today s heavy rail is the descendant of nineteenth century central city -and -outlying towns systems when it was the only means of fast transportation It has locomotives and multiple cars highly engineered trackbeds and stops at mdividual towns or garden suburbs with substantial separating distances Overcoming distance requires speed and so the trams run on their own nghts-of way separate from the road network Ab horning road crossings they must become grade separated when they enter city fabric or else cause circulation problems FEEDERS FOR CITIES Heavy rail lines are feeders for the core cities of their regions regwring local and headhouse stahons New York s Long Is land Railroad and the Main Line of Philadelphia are perhaps the most vigorous surviving examples With the exception of the densest T5 and T6 locations heavy rail stations must have significant parking — since their catchment is the large surround mg area of passengers who dnve to the stations — and prove sion of ample queuing space for buses and taxis in bigger cities, or dropoff cars in suburbia Heavy rail usually entails an mtermodal change, and that is its weakness once in their cars people tend to continue dnvmg to their ultimate destinations — unless there is traffic hell to pay Heavy rail s success is highly correlated with intolerable traffic congestion At first sight a hght rail train appears tittle different from a heavy rail tram but its engine and braking mechanisms and lighter weight allow it both to accelerate and stop faster and to a � n PEDESTRIAN SHEDS A bus can stop every 1/8 mile A tram can stop every 1/2 mmi ee er/ Light rail can stop every mil 1j Heavy rail can stop every two miles run on trackbeds within artenal-level rights -of way The stops (not necessarily full stations) are spaced as closely as a mile or two The closer station spacing allows a higher incidence of pe- destrian accessed usage It is important to be aware that the catch- ment area — roughly a half -mile radius — and design of com- munity stations consequently are distinct from those of auto - fed commuter stations At the same time once outside the more frequent stops of the urban fabnc light rail can function exactly like heavy rail and its planrung should proceed accordingly Even when light rail tracks can be embedded in paving they are usually fenced to control vehicular and pedestrian crossings The tracks consequently have a negative effect on the other users of the street system overall connectivity must be considered in planning TOD A streetcar system is tighter still especially in its impact on the urban fabric Tracks are embedded in the street without further ado and their space can be shared and crossed Street- cars even a pair of flex connected ones can be as agile as buses — and qweter They are common across Europe — the Zurich and Brussels systems are famously entwined in their cities Streetcars require visual tolerance for overhead electrical wires and a level of rudimentary intelligence — apparently extinct in most of North Amenca — from the car drivers around them Streetcars, stopping at half -mile intervals or so are an inher- ently neighborhood -friendly technology A fourth variety of transit the trolley deserves to be distin- guished from the streetcar A century ago American cities pos- sessed a widespread system now wholly vanished of very hght- weight surpnsmgly frequent rural and intercity trolleys Single electric cars running silently on negligible trackbeds they con nected and enlivened places otherwise only served by horse and buggy to the feeder lines of cities Circumstances favoring the revival of such systems may well be arising again • Copyright © 2005 Andres Duany Michael Morrissey and Patrick Pennell Librar In universities institutions and businesses may not circulate hire print use as a teaching aid or reproduce this article and/or images without the prior writ ten permission of the authors WANT ruitn LYntnrt 6 WMPANY FROM THE LEXICON OF THE NEW URBANISM APRIL/MAY 2005 15 Abrams Guide to American House Styles By William Morgan Harry N Abrams 2004 424 pp hardcover $40 REVIEW BY PHILIP LANGDON Abrams calls this volume — which is an inch and a half thick nine inches high and seven inches wide — the first compact and uncomplicated all -color -photo guide to understanding the unique charactenstics that make a house Colonial or Craftsman Modern or Deco or any of the other approxi- mately 20 styles of domestic architec ture common in the United States The guide may not be small enough to fit in your glove compartment but it does concisely identify nearly four centuries of styles all the way up to Post-Mod- ermsm Deconstructivism and house styles now including today s unfortu nately bloated McMansions Wilham Morgan an architectural hus- tonan who taught for many years at the University of Louisville s Hite Art Insti tute and who now lives in Providence Rhode Island, provides a two page his toncal essay on each style and a one - page summary of each style s defining charactenstics its general proportions roof types and features structural and exterior matenals spatial organization chimney placement, entranceway at tributes and use of color Fifty drawings by Ned Pratt some of them done with a heavier hand than I would have pre ferred depict entire houses or their most significant features What sets this book apart is its gor- geous collection -of 350 color photos -- beautifully printed on glossy paper — wluch Radek Kurzaj shot in more than 40 states Whereas a typical style guide is an instructional device for identify - mg styles and periods of houses the Abrams Guide is an invitation to visual pleasure an opportunity to see interest - mg houses sensitively photographed Kurzaj s consummate attention to tex tures atmosphere, and the play of light and shadow make you feel as if you re standing right m front of these houses feeling their presence The reader comes away with a heightened appreciation of BOOK REVIEWS how a good house relates to its climate and its place I wish the captions had pointed out alterations that have been made to some of the photographed houses over the years The circa 1890 Stick Style house on the book s cover for example has been outfitted with modern replacement windows on its ground floor A reader unaware that the windows are not origi- nal might inaccurately think it s a pure example of Stick Style The Abrams Guide will not displace older guides My favor- ite remains the 544 page A Field Guide to American Houses by Virginia McAlester and Lee McAlester first published by Knopf in 1984 The McAlester book still in pnnt has a detailed text plenty of photos (though in black and white on less expensive paper) a large instructive collection of line drawings and useful maps and charts But if you want to see American house styles in stunning color in every part of the country and get a thoughtful and concise introduction to the history of residential design the Abrams Guide is a breakthrough Santiago Calatrava The Complete Works By Alexander Tzoms Rizzo!' Internatzonal 2004 432 pp hardcover $75 From Athens to Zurich, to Bilbao to Milwaukee structures designed by Santiago Calatrava have been inspiring awe among citizens of the world for nearly 20 years The Spanish born archi tect engineer s bridges towers and other creations — often gleaming white — appear to leap or stretch or flex their wings like birds flying into the sky Calatrava fashions his structures in —metal-concrete-and other weighty ma= tenals yet they seem alive and remark ably light — quite an accomplishment in an era when so many engmeenng projects are leaden and earthbound Alexander Tzonis s large format book does a superb job of not only cata loging Calatrava s works but also ex plaming how the 53 year old designer has achieved such beautiful fresh re sults Hundreds of stnkmg color pho tos sketches, paintings and other illus trations show how the Valencia native builds structures that on the one hand are original and dynamic and on the other hand are usually well fitted to their surroundings Calatrava under- stands that to be successful a structure must achieve many goals — social and cultural as well as architectonic He once told Washington Post architecture critic Benjamin Forgey that the beauty of a bridge comes from the way the bridge helps to integrate a city the way it celebrates the act of crossing, the way it contributes to the proudness of the people in a city Tzonis a professor of architectural theory at the Delft University of Tech- nology The Netherlands notes that during Calatrava s schooling, which en- compassed urban planning as well as architecture and engineering the young designer meticulously analyzed how space frames can fold and change shape He has since used that knowl- edge to design structures that look as if they might move — and that sometimes actually do His celebrated addition to the Milwaukee Art Museum features two large wing like elements (weighing 115 tons) that appear ready to fly over Lake Michigan but which can fold down when the wind reaches 40 miles an hour Calatrava seems to me to embody the best traits of Eero Saannen the American architect who died in 1961 Calatrava s design for the World Trade Center Transportation Flub COURTESY OF THE PORT AUTHORITY OF NY/NJ APRILJMAY 2005 16 BOOK REVIEWS and of Pier Luigi Nervi the great Italian architect engineer who died in 1979 He exhibits a flair for strong curves and other potent forms that stir the emotions Yet his modern engineered forms are not hostile to the historic settings in which many of them find their homes John Norquist who as mayor welcomed Calatrava to Milwaukee observes Calatrava designs to fit urban context He properly terms nates vistas and aligns buildings with street grids This sets him apart from most other AIA Gold Medal winners In light of Calatrava s sculptural design for the World Trade Center Transportation Hub in New York — which has re ceived rave reviews but which seems to compound the con- volutions of the Trade Center redevelopment plan — I wish Tzonis had delved further into Calatrava s thoughts about regularly bounded outdoor spaces and physical order But this is a quibble The Complete Works gives readers a clear and insightful account of a designer who now strides the world stage with exceptional grace P L Yale in New Haven Architecture & Urbanism By Vincent Scully Catherine Lynn Erik Vogt and Paul Goldberger Yale University Press 2004 406 pp paperback $45 How do you judge whether a university is treating its host city decently? Some focus on how much or how little the university does to support the local community through money and programs Yale University which has a $12 bil lion endowment has won praise in some quarters for operat- mg the New Haven HomeBuyer Program which has given $15 million — m subsidies of up to $25 000 per household — to help faculty and staff members buy homes in certain neigh borhoods Yale has also worked with public schools encour aged biotechnology startup firms and upgraded the city s Broadway shopping district (although some New Haveners complain that expensive changes in Yale -owned retail prop erties have pushed out a number of local merchants and re- placed them with national chains) Now comes Yale in New Haven a book that takes an illunu- natmg look at town gown relations from the perspective of architecture and urban design This amply illustrated large - format volume exammes how the campus buildings and open spaces — and especially their relation to streets and sidewalks — have affected the city that has been Yale s home since 1717 In a senes of lucid essays architectural historian Vincent Scully, architectural historian Catherine Lynn Miami architect Enk Vogt and New Yorker architecture critic Paul Goldberger — all of whom have spent years at Yale — explore whether Yale is a good model of urban university development Until after the Civil War, Yale occupied a series of simple red brick buildings that sat behind lawn trees and a wooden fence, largely open to the city's inhabitants Scully a lifelong New Havener who has taught at Yale since 1947 laments that in the late 19"' century the university started razing the Brick Row and replacing it with a defensive, almost castle Like wall of continuous btuldmgs The university never left the city s center across College Street from the downtown Green but the campus and the city began to become two distinct worlds Openings between campus and city became few Over the years the university commissioned many fine architects, most notably New Yorker James Gamble Rogers, who from the 1910s through the 1930s designed enchanting Gothic buildings with beautifully crafted walls of stone and brick Though scoffed at by Modernists in the 1950s, 60s, and 70s Rogers s buildings are now rightly regarded as marvels The question that remains is whether Rogers s buildings and those by other architects excessively walled out the city The authors make it clear that architects had only a hnuted choice, they answered to university officials who typically did not want designs that would reach out to the city In the twenties and thirties, the university was intent on organizing under graduate living into residential colleges arranged around se- cluded courtyards On their perimeters, garden moats' — better planted 70 years ago than they are today — provided several feet of separation between students' rooms and city sidewalks I think Goldberger exaggerates the degree to which Rogers s buildings are anti urban Rogers may have re- served his best architectural effects for courtyards rather than for street facades as Goldberger says but even so what's vis- ible to the pubhc is extraordinarily pleasmg The human scale and imaginative details continually delight passersby The garden moats bounded by low walls of stone bnck, and con- crete coexist with city life reasonably well They allow dor- mitory rooms to stand comfortably within a few feet of busy sidewalks — in much the same way that the new urbanist practice of raising the windows of city houses a few feet above the sidewalks permits people to live in a compact urban en- vironment without being overly exposed The needs of the pubhc realm must be balanced agamst a residential college s legitimate requirements of privacy and secunty This book sponsored and printed by the university, makes it clear that not all of Yale s decisions have been good Nonetheless the campus is a jewel, one that makes its city a more satisfying place to live Yale s techniques are worth studying PL A building by James Gamble Rogers makes a beautiful street edge, yet creates a secure boundary for the Yale campus APRIL/MAY 2005 17 NEW URBAN UPDATE FROM PAGE 14 merce back to the core ■ Bethlehem Township, Pennsylvania recently adopted comprehensive plan and zoning amendments that will allow a town center a traditional neighborhood development (TND) and a hospital district influenced by smart growth prmcrples to move forward The amendments include a town center district a mixed use overlay and a commercial en hancement overlay on parcels that were mostly zoned for con ventional commercial or light-industrial/office uses While not a form based code per se the amended zoning ordinance contains language and design guidelines that sup port New Urbanism Thomas Comitta Associates drafted the amendments with Calthorpe Associates which is creating the plan for the 150-acre town center The developers are Forest City of Cleveland Ohio and Bayer Properties of Birming- ham Alabama The TND was designed by Martin Architec- tural Group for developer Wagner Enterprises Bethlehem Township is a suburban and rural murucipahty of 21 000 resi- dents east of the City of Bethlehem Pennsylvania The City of Miramar Flonda approved fmal agreements necessary for Rockefeller Group Development Corporation and Kunco Developers to begin construction of the private development phase of the 54-acre Miramar Town Center Planned by Torti Gallas & Partners of Silver Spring Mary - Urban Designers/Architects/Project Managers Looney Ricks Kiss Architects an award winning New Urbanist firm is recruiting all levels of planners ar chitects and landscape architects to loin their plan ning and architecture teams in Princeton NJ Celebra lion FL Nashville TN and Memphis TN The firm offers complete planning and design services for TNDs Transit Oriented Development redevelopment/ infill downtown revitalization design guidelines and mixed use development Our integrated planning and architectural practice is founded on placemaking prin ciples that are visionary marketable and buildable Successful candidates will demonstrate knowledge of time tested planning and architecture the ability to communicate design ideas through drawing and the ability to communicate site plans and urban de sign concepts using various illustration techniques Qualified candidates will have a design degree in architecture landscape architecture or urban design Proficiency in Adobe Photoshop PageMaker and Illustrator and AutoCAD 2000+ and 3D visualization is desirable This entrepreneurial firm offers competitive sala ries bonuses and benefits with growth and owner ship opportunities Respond to Krysten Bernal fax (360) 697 3744 email krysten@aejob com or visit www aejob com Seeking architects and planners Shook Kelley a successful and award winning ar chttectural and planning practice working nationally and internationally with offices in Charlotte and Los Angeles Is seeking architects and planners skilled in all aspects of planning and design including but not limited to Architecture Traditional town plan ning Urban planning Mixed use design TORTI GALLAS 8 PARTNERS Miramar town center plan land the project includes 500 units 115 000 square feet of com mercial space and civic buildings The city which purchased the land in 2001 has already bwlt an attractive municipal building in the center • As residential construction moves closer to urban rail lines bridges and freeway ramps developers are increas- ingly using sound muffling windows and other techniques to keep noise out of new housing A window wall for a 60- story condo tower next to a San Francisco bus terminal will have two panes one shghtly thicker than the conventional CLASSIFIED.'. Chosen candidates for planning and design will possess strong graphic and drawing skills and be well versed in the principles of New Urbanism and traditional town planning Candidates for architec ture must have the ability to generate creative and feasible architectural solutions for many building types understand the three dimensional aspects of planning and be familiar with current trends in real estate building typologies development and plan ning issues Candidates will have a design degree in architec ture landscape architecture and/or urban design Proficiency in Adobe Illustrator Photoshop NATIONAL MAIN STREETS CONFERENCE BALTIMORE—MARYLAND MAY 8-11-2005 �VJ olJ Bull$ng5 NoW dttttuloS • More than 80 educational sessions and 20 tours on community revitalization and historic preservation • AICP and AIA Continuing Education Credits available • Visit http //conference malnstreet org Vectorworks Sketch Up and similar programs is desirable Presentation skills and the ability to travel periodically are required Shook Kelley offers competitive salaries (com mensurate with experience) benefits and excel lent growth opportunities Please submit resume and portfolio samples for initial consideration to Stacy Barbour 704/377 0661 (stacybarbour@ shookkelleycom) For more information www shookkelley com rRODUCTS i, New Urban Abstract Art Vt'x Created for Individual Collectors and Model Home Display Sale Premier Design Co 444 Camelback Road Pleasant Hill -CA 94523 maw artcollectors erg E-mail premlere20®aol com Ph (925) 209-5099 Fx (925) 689-0351 APRIL/MAY 2005 18 NEW URBAN NEWS quarter inch with a half -inch between them to block the sound of buses The New York Times reported in a Feb 17 ar- ticle about noise remedies At Beacon Towers next to the Man hattan Bridge in Brooklyn developer Leviev Boymelgreen lets buyers inspect a sample window consisting of two half inch thick panes with eight inches of air m between To emphasize the po- tential for Zenlike calm the Beacon Towers sales office encourages buyers to put on headsets and hsten to the dif- ference between the noise level with standard windows and with custom windows Denis R Milsom of acoustics consultants Shen Milsom & Wilke said the special windows reduce the noise level from 96 decibels outside to 40 in- side The New York zoning code allows 45 decibels on the interior The sound - muffling windows reportedly cost about twice as conventional windows San Francisco acoustical engineer Charles Salter noting that his firm handles about four times as many resi- PROFESSION,AL.SENV ICE•,;i.; CARCLINA M,►+4ML A collection of more than 80 hoses feaamng marry homes designed for the hadhonal neighborhoods of hewpolnt I On and Habersham The 100page portfolio is available for only $25 00 To order call 843 986 0559 Alison Ramsey Arddtects 1003 Charles Sheet Beaufort, SC 29902 t�±x- N iJ V 1 S LAN15(A7( AR(RI,E(1URE Atli PLANNING 3151 Airway Avenue Suite J-3 C•sta Mesa Calif•rnia 92626 71,1.754.7311 iv w w.n uvi s.n et VISION n I. fir N111 is pr„i -.. l 4i--., Son Diego 619.297.0131 L:••r.,,sgaacwn=15.9f3.0131 Sin Francisca NEW URBAN UPDATE dential projects with sound problems as five years ago regularly recommends laminated glass and extra layers of gyp sum board In projects where noise will prevent residents from opening their windows to get fresh air San Francisco architect Glenn Rescalvo has specified special vents which bring air in through window mullions that contain tiny holes • Independence, Ohio, a suburb south of Cleveland with 7 100 residents intends to ask developers to submit pro- posals to build a town center project including stores offices senior housing and tightly spaced houses Mayor Fred rROFESSIO GLATTING JACKSON KERCHER ANGLIN LOPEZ RINEHART Orlando West Palm Beach Atlanta Walter KNlash, P.E. Traffic Plannine for New Urbattisui 9 407-843-6552 407-339-t789 1 m n(N.gl a ll iI t 1.Cmi1 tia spirt i n Design 33 �VIVANEW URBANISM '3' Walkable Street Design ' Traffic and Intersection Analysis 4 Roadway Engineering ▪ Emergency Vehicle Access (550) 222-2277 www hpe-Ins earn Richard d Ha11 PE. Resident Hall Planning & Engineering Ino 33.1 i•YLST•N STREET I•sreN, wk. 02116 C.NTACT •AVID DIX•N, rR,A PLANNING & uRIAN DESIGN 617.262.2.160 v.-ww.a..ayclan ry.T.m New Url•an Planning Landscape Architecture Civil Engineering Development C.nsultati.n Streetscape Design Ramos said the development must maintain the city s Western Reserve style — a reference to the architectural character established in the early 19th century when settlers from Connecticut laid out towns in northeast Ohio The Cleveland Plain Dealer said, The plan could mean that Independence joins a growing list of suburbs including Hudson Brunswick Westlake and Barberton that have built new main streets or neighborhoods to accent town centers The key to Independence s downtown develop ment said Councilman Vern Blaze, will be housing • ALSERVICE BROWN DESIGN studio ARCHITECTURE URBAN DESIGN Recent Work Habersham South Carolina Marsh Gardens South Carolina Newpoint South Carolina Port Royal South Carolina 843 986 9610 Fax 843 986 9478 Route 1 Box 802 Ridgeland SC 29936 urban advisors ltd urban economic advisory services market & feasibility analysis program development strategic planning implementation & financing strategies www urbanadvisors com portland oregon washington do 503 248 4030 202 362 4676 New Urban Design architecture • planning landscape architecture e n g i n e e r i n s • e n v i r• n m e n t a t r hay, Wayne Kirchhoff, ULI. Kansas City 9 1 3. 4! 2. 9 4 0 0 w w w.! b u t l e r. c. m GBIN .......r.,..r. hamiltonanderson Planning Architecture Landscape Architecture Civil Engineenng Interior Design Graphic Design www hamilton-anderson com Detroit, Michigan p 313 164 0270 f 313 164 0170 APRIL/MAY 2005 19 CONGRESS FOR THE NEW URBANISM UPDATE CNU XIII assembles the world's urbanism experts nth its theme, "The Polycentnc City, CNU )III will explore is- sues that arise m Southern California and resonate m regions and localities everywhere_ After all, regions all over the United States and beyond are fac- mg the reality of connecting, inbamz- mg, and reunbanizmg centers ranging .from histonc urban cores to edge cities and .new TODs and town centers This considerable challenge calls for a multidisciplinary approach that's re- fected in, the four topic threads of the Congo transportation, environment; 'physicatfonm, and nnplementatton (m- dudmg snrial and demographic fac- • C1.0 XIIIv fil as onble top `experts = in mall these £ietdi from around the world;. wide a strong show.ing from • California, Visit wtvw"CNYlX11LIorg to learn more and register In the mean- time here are lust some of the speakers and presenters who are expected in Pasadena_ ifCLAprofessor pinata Shoup is a preeminent parking, guriifOLS exten- sive research exposes the flaws — and the economic and environmental con- sequences — of corn entions like mini- mum parlmigaequwrements. In a solo session, Shoup will provide msights from his new book The High Cast of Free Parking (see article on page 1) ICONOCLASTIC ', TRAFFIC ENGINEER Dutch traffic engmeer Hans Morlderman lielievea most roads are • ppe,d.w�me" • Ie;'advocates reamofr- s ing s ;stri ies, and tic grids to ipnprovesIts r co}mterintui- trve, biit.Isince there's strong evidence that it'v ork"s,;s,the New librk Times sags that the rtahgi� co�[asoetiti art '� in rig �tlg wages to Holland,..to see hfix tleOett�-a.,���, < �, � t ° Phil Adrgeludes iS a Iongtiine be- k heverni New Urbanism- As developer of Laguna West, the first TND on the :-':(West Coast, and now as Cahfoima s state treasurer end candidate for gov- -ernoi, Arigehides. has encouraged m- �,vestment i ti onmentally respon- ` Bible u wth'Liitlerns, mcludmg state `3ip stmentmcriticalm- as htiutsirtg As the President of the Royal Insti- tute of British Architects George Ferguson has helped shift the discus- sion from architectural star turns to the importance of context and the urban form Ferguson is a strong voice against the isolation of design profes- sions and for multidisciplinary design education With Southern California s growth pressures and changing demographics foreshadowing trends in other regions Peter Calthorpe cofounder of CNU and principal of Calthorpe Associates with his partner John Fregonese principal of FregoneseCalthorpeAssoaates will talk about their thirty --year regional growth scenarios for the Los Angeles region. J 1 DEI.�/1NG INTO SPACE' SYNTAX With his rigorous analysis of how people and vehicles mteract with their environments University of London pr fess *and Space Syntax Laboratory d�r Bill Hiller is raaimig science safer architecture and planning again_ Thinks to Hillier; "space syntax" is be- coming an influential field of study and a tool for creating better -functioning places such as a rebuilt Trafalgar Square that now attracts thirteen times more Londoners picky Gnmshaw, CNU board mem- ber, vice president' of the Center for Neighborhood Technology and lifetime "L" nder will moderate a panel on smart transportation options, from smart cars to car sharing Dan Sturges inventor of the Neighborhood Electric Vehicle (NEV)•will discuss and display hisf latest vghrcle creations. Paul Cravford, a principal of =Cl � f+rtiiltarr & Claffk�-Associates and n cofounder of the ForinrBased C` es Oianee, leas-illone prone ring wgric tail?ing co4e„ hof cites like PPialuma, California. nia. He will moderate a s' sion on,the *tails of form -based codes, inctii4ing the preparation and ag`A`QnOl 3' kh< �IIizabetl; Plater-Z s Y'b�e>;lq CIgi7 deantd co- fo rithaTof r , p Uuany PIatet. �� trimpaihyty i brwgtierhew •ur aJaatexpe eioadis ussiozfofthe dguidehuiesoi' mall; Wormier fares' that are utidL devel1pinent as part of CNU s joint project with the In - statute of Transportation Engineers Ellen Greenberg, principal with Freed- man Tung & Bottomley, will present guideline details and other members with transportation planning expen- ence will provide valuable commentary EXPERTS ON SPRAWL Leading voices from two famously sprawling metropolises — Atlanta and Los Angeles — will examine top ideas from each region that deal with explo- sive sprawl and polycentnc growth Michael Dobbms, associate professor of architecture at Georgia Tech is the former Atlanta Planning Commissioner and current development advisor to the City of Atlanta An urban planner, policy specialist and member of the Ventura City Council William Fulton is author of the LA -based report Sprawl Hits the Wa11 and the narrative history The Reluctant Metropolis an LA Times best-seller Fulton will also be a featured speaker on metropolitan and regional governance issues Dobbins colleague director of the architecture program at Georgia Tech, Ellen Dunham Jones, will host an ex- plgratron of systemic efforts to retrofit sprawl, a topic of a forthcoming book from Dunham Jones William Deverell and Greg Huse, professors at the University of South- ern California and coauthors of the re- nowned Eden by Design will address the lustory of landscape in Los Angeles Hise and Deverell examine what can be learned flora a Olmsted -Bartholomew plan that laid out an mtelhgent frame- wo rk #or public space but failed to make its mark on L * Angeles ,' ' �g�_ 5,u*e dug list picliegifts to iclent.}fy the speak rs of cot* "Once at clsItl be,sure 0 diecfola shaker up- dates- out thue)09. i ire sitelk . A Ne1\L r0,1 n News ci'ilit S!i,1 iifi 140 S S. . ;I,.1. C:i,ca: o. IL c(1o03. i77 3I2.3-I1-323. APRIVMAY 2005 20 PUBLIC POLICY • John Norquist, chief executive officer of CNU sub- mitted a friend of the court brief to the US Supreme Court, arguing that governments do not need the power of eminent domain to carry out economic development projects Writing as an individual rather than spokesman for CNU the former Milwaukee mayor supported the Washington DC -based Institute for Justice and several small property owners m New London Connecticut, who have asked the Court to rem in the use of eminent domam for public benefit such as economic development The case Kelo v Ctty of New London is the most impor- tant eminent domam issue to reach the high court in de- cades It involves nine individuals whose properties in a mixed use, mostly workmg class neighborhood were taken by the quasi -public New London Development Corp (NLDC) which decided to clear a 90-acre area and have a developer put upscale housing offices a waterfront hotel and other uses on it NLDC is required to pay just compensation (fair mar- ket value), but Susette Kelo and the other property own- ers argued that the takmgs were unreasonable and unnec- essary Many plannmg and governmental organizations including the American Planning Association and the Na tional League of Cities have come to NLDC s defense ar- guing that eminent domain is a tool that public agencies must have so that they can assemble land areas large enough for redevelopment in urban centers Norquist argued that when a project of this sort makes financial sense private interests can assemble the land without eminent domain He noted that in the mid 1980s, two West Palm Beach Florida developers discreetly as- sembled all of 26 contiguous blocks of a run down tuner city area by purchasing over 300 separate parcels from 240 different landowners in nine months (using twenty differ ent brokers) and then convinced the city to approve a master plan for a mixed -use development then dubbed Downtown/Uptown Several years later under a differ- ent developer, the site became the new urban project CityPlace Defenders of eminent domain countered that the original developers did not succeed — they lost their prop- erties to foreclosure, and the city ultimately did use emi- nent domain to reassemble some of the properties • Oregon is struggling with the consequences of Measure 37, a ballot initiative last November that increased the nghts of many property owners at the expense of growth manage- ment Measure 37 stipulated that governments must pay owners or forgo enforcement, when certain land use restric- tions reduce property value The chief beneficiaries are those who acquired their properties before powerful state planning legislation was adopted in 1973 They get to subdivide and develop properties that might otherwise be off hmtts to sub- stantial construction Most of the claims filed since approval of Measure 37 have requested only ' small partitions on agricultural land to al- low for the construction of one or two houses in conjunction with larger holdings,' said Ethan Seltzer, director of the Toulan School of Urban Studies and Planning at Portland State University However, some larger rural subdivisions have come forward Seltzer said and the expectation is that more large projects will be seen • Regulations that restrict development m Loudoun County, Virginia were struck down March 3 by the Virginia Supreme Court The ruling decided on a technicahty, will allow much more development in the western portion of Loudoun, said to be the nation s fastest -growing county hi 2003 the county northwest of Washington DC enacted an ordinance hmitmg development m many areas to 10, 20 or 50 acres per house depending on location and whether houses were dustered to protect open space Because of the court's ruling, much more land is expected to be developed at a rate of one house per three acres • Pubhc Architecture a think tank and grassroots organi- zation in San Francisco has launched "1% Solution," a pro- gram aimed at getting design professionals to commit one percent of their time to pro bono work_ The new organiza- tion, at www theonepercent.org, is collecting pledges of tune from design firms and is building a database of pro bono projects throughout the US as part of its effort to increase both the quality and quantity of pro bono work in the pubhc mter- est Later 1% Solution will establish an onhne forum to match nonprofit organizations and communities that need design professionals Pubhc Architecture (www pubhcardutecture org) chaired by John Peterson started three years ago in the office of his firm Peterson Architects One of Pubhc Architecture s first projects was an attempt to generate innovative small-scale open spaces in the transitional South of Market district m San Francisco — a place where traditional parks typically fail because they end up with discarded syringes says senior advisor Tim Culvahouse The group came up with ideas such as replacing a few spaces of street parking at a time with paved areas for cafe seating, a small dog run in an area where there is no place to exercise dogs a skate park an outdoor commu- nity gym and a bus stop cafe • Ballparks Frisco's on first B ran 0 Looney of Torti Gallas & Partners took issue with an article m the March issue of New Urban News statmg that a proposed plan in Chico would for the first time in the US embed a professional baseball stadium into the urban fabric of a new town center 0 Looney drew our attention to Dr Pepper/Seven Up Ballpark which opened in 2003 m Frisco Texas It was de- signed by David M Schwarz Architectural Services where O Looney worked at the time It is part of an overall pedes- trian -oriented master plan he says A hotel has opened across the street from center field and townhouses are now being sold that will hne the street across from the outfield Office over retail mixed -use buildings are planned to the south and west across from home plate All these buildings will hne the streets surrounding the ballpark and screen the ex- tremely large parking decks that result from the onerous park - mg loads of the two sports facilities • APRIL/MAY 2005 21 MAIN STREET.. RETAIL ■The Selectboard m Bennington Vermont, adopted a zon ing bylaw in January prohibiting any store from exceeding 50 000 square feet in one part of town and 75 000 square feet m two other areas Wal Mart wants to raze its existing 50 000 sq ft store and build a new one containing 110 000 square feet More than 1 000 residents recently signed petitions to rescind the bylaw so the size limit will face a townwide vote April 5 The limit levels the playing field for all businesses said Alicia Romac of Citizens for a Greater Bennington It will increase competition because people know they won t be dwarfed by a superstore six months after they ve opened Wal-Mart has started to evade government limits on the size of stores by splitting new stores into separate side by side components Calvert County in southern Maryland last year enacted regulations hmiting stores in small town cen- ters such as Dunkirk on Chesapeake Bay to 75 000 square feet Wal-Mart recently responded by announcing plans to Fr; MOst (I n/r�(�c WE HELP DEVELOPERS, TOWN PLANNERS AND ARCHITECTS BRING TOGETHER THE ELEMENTS A SENSE OF PLACE AND A MEMORABLE IDENTITY build a 74 998 square foot store and a 22 689 square foot gar- den center next to each other — but separate thus defeating the county s attempt at limiting the size and location of big - box stores Al Norman founder of Sprawl Busters, a Greenfield Massachusetts based group that helps commu- nities fight big box stores told The Washington Post that Wal- Mart will try any tactic that they think they can get away with despite the clear intent of local ordinances • RESTS ae":.TRAFFIC CALMIN-G ® The Project for Public Spaces has developed a website on context-sensihve solutions in road design with support from the Federal Highway Administration Visit www contextsensitivesolutions org The site suggests readings on context sensitive design and profiles progress state by state Meanwhile Complete the Streets policies which aim at mak- CONTINUED ON PAGE 24 'PROFESSIONALSERVICE.•`'' Thomas Comltta Associates, Inc Town Planners & Landscape Architects 18 West Chestnut Street West Chester Pennsylvania 19380 2630 (610)696 3896 Fax (610)430 3804 E mall tca©comitta com TCA specializes in Town Planning Traditional Neighborhood Design Zoning Ordinances Expert Witness Testimony Neighborhood Parks Historic Preservation _MA-il 7.- 24-3300.— :. CA:415 77i 7272 . Web Site and Community Intranet Design for New Urban Communities 706 546 7137 Info®acrossthefence com www acrossthefence com • database driven web sites community bulletin boards • community calendars • online newsletters community directories CONNECTING COMMUNITIES CONNECTING PEOPLE TM theH01KPIanningGroup planning - landscape architecture - urban desi;n www.h•kplannin:gr•up.c•m • ACP VISIONING & PLANNING www Columbus Ohio New York New York ■ 614/586-1500 ■ Pnnapals Lanni Longo Jamie Greene MA, MCP acp-planning coin C min IY V 9 U h D g PI 9 L d p A h t A chll t I 0 Ig i, tw k t 577 Seomd mat Opts 201 Sn Francesca u 94107 lw.4IS2675 00 Pm 415.267 0906 CATALYSwl r.AST- . U 1 Stu A DIVISION •F 751E CONSULTING SERVING THE PUNlIC SECTOR • DOWNTOWN REVITALIZATION ■ D€VELOPMENTCODES ■ SPECIFIC PLANS • DESIGN GUIDELINES • STREETSCAPE/PLAZA DESIGN • PUBLIC PARTICIPATION 14725 ALTON PXWY IRVINE GA 92616 PO BOX 57057 IRVINE CA 92619 949 655 5703 FAX 949 827 9122 E MAIL UO5T00IOEAOL COW 50 APRIL/MAY 2005 22 Bnnging Neighbors Together Setting Communities Apart Lead ng Provider of Communiiy Nehyorks since 1998 Proven Installations in Key New Urban Communit es .e.s. Rich Feature Set Enhances Social Fabnc Advanced Web Based Content Management System www neighborware com info@neighborware com 1 877 627 4810 Downtowns Waterfronts Brown -fields Greyftelds New Urbanism Participation 37- k 0 riniiiiHorumareiftec Ii rchitecUireI interior design 745 Orienta Avenue, Suite 1121 Altamonte Springs, FL 32701 407.830.1400 PH 407.830.4143 FAX ARCHITECTURE PC 631 754 4450 Long Island NY pl n ing6jad13 om St Charles Office 116 W Main St #208 St Charles Illinois 60174 Phone 630 584 0591 Fax 630 584 0592 Chicago Office 445 E Illinois St #355 Chicago Illinois 60611 Phone 312 245 2735 Fax 312 245 2719 town planning land planning design guidelines zoning / entitlements streetscape design visioning programs APRIL/MAY 2005 2 3 YE R S S A IN T GROSS STREETS & TRAFFIC CALMING EVENTS FROM PAGE 22 mg streets safe and accessible for pedestrians, bicyclists and transit users as well as motorists are gaining acceptance among localities and states See www amencabikes org • People m Chittenden County, Vermont are talking about whether they could use devices such as roundabouts rather than a proposed Circumferential Highway to relieve traffic congestion on Rt 2A m the towns of Williston and Essex The Vermont Smart Growth Collaborative coordinated by the Ver- mont Forum on Sprawl, stimulated much of the discussion by presenting alternatives to the highway • THE GRAPEVINE • Ventura, California, where new urbanist Rick Cole be came city manager in early 2004 has now hired Ann Daigle as urban development and planning manager Daigle is a founding principal of PlaceMakers an urban design firm that focuses on New Urbanism Daigle who has also been a plan- ning director m Vicksburg, Mississippi and Monroe Louisi- ana has been one of the strongest advocates for the SmartCode by Duany Plater-Zyberk & Company Her coming to Cah forma has generated a lot of excitement as the new urbanist stars ahgn, said Cole in an email to New Urban News As you may know Stef Polyzoides and Paul Crawford did a charrette that produced our Downtown (form -based) Code put into effect last fall, and will be doing a citywide code start- ing this summer Last year, Cole told The Planning Report that Ventura has the potential to be the Portland of South ern California — the model for smart growth in our region • Architect Frank Greene is closing his practice m his na tive Chattanooga and moving to Florida where he will be a senior officer in the Rosemary Beach office of Looney Ricks Kiss Architects • After seven years, Elizabeth Humstone has left the Ver- mont Forum on Sprawl to become director of US Initiatives for the Institute for Sustainable Commuruties at its home of- fice m Montpelier Vermont The website is www iscvt org Her first project there will involve a project on the future of New England (see www newenglandfutures org) • Judith A Corbett, founder of the Local Government Com- mission, a Sacramento -based group that helps cities and coun- ties plan better, received the Distinguished Leadership Award for a Citizen Planner from the Amencan Planning Association March 22 in San Francisco She is a CNU board member • TRANSIT & DEVELOPMENT • Millennium Partners expects to start building a mixed - use development in August at the Bay Area Rapid Transit sta- tion in Pleasant Hill, Contra Costa County California Plans have changed greatly during 14 years of contention over what should be built in the station area Bill Lennertz of the National Charrette Institute in Portland Oregon says a charrette in 2001 helped neighbors public agencies, and others overcome differences that had long prevented them from agreeing on a plan The transit village is to include 559 housing units, 424 hotel rooms 545 000 square feet of commercial space and a $32 million parking ga- rage for more than 1,400 vehicles Mark Farrar of Millennium said he hopes the project will be completed in 2010 • APRIL 27-29, MEMPHIS, TN Uptown, Downtown Around Town Seminar presented by Looney Ricks Kiss Architects and The Seaside Institute In- formation www theseasidemstitue org APRIL 27-29, ALEXANDRIA, VA National Charrette Institute Certification course at Virginia Tech NCI Charrette Planner ' Information www charrette institute org APRIL 27-30, PHILADELPHIA, PA Traditional Building Exhibition and Conference Informa- tion www traditionalbuildmgshow coin APRIL 27-MAY 1, VANCOUVER, CANADA Environmental Design Research Association Annual Confer- ence Information 405/330 4863 APRIL 28-29, MIAMI, FL Retail Development From Shopping Centers to Town Cen- ters University of Miami School of Architecture executive education course Information www arc imams edu/knight MAY 2-3, ALEXANDRIA, VA National Charrette Institute course at Virginia Tech NCI Public Meeting Facilitator Certification Information www charrettemstitute org MAY 8-1 1, BALTIMORE, MD National Mam Streets Conference 2005 Cool Cities Old Buildings New Attitudes Information www conference mamstreet org/ MAY 19-20, FRANKLIN, TN Practical Applications for New Urbanists seminar presented by the City of Franklin and the Seaside Institute Informa- tion www theseasideinstitute org JUNE 9-12, PASADENA, CA 13th Annual Congress for the New Urbanism The Polycen- tric City Designed to explore how a region with many cen- ters can establish a framework of development based on prin- ciples of New Urbanism Contact CNU at 312/551-7300, www cnu org Periodicals Postage Paid USPS InteTopp 222 AA35 Approved Automatable Poly Wrap *******AUTO**3-DIGIT 550 Steve Russell pity of Stillwater 216 4th Street N Stillwater MN 55082-4898 1111 IIIIIlulIll IIII'IIII,IIIIIIIiiI,I,IuInIin111111nuInII APRIL/MAY 2005 24 Memo To Planning Commission From Steve Russell, Community Development Director Date May 5, 2005 Subject Transition Area, Agricultural Preservation Study Last year, the City Planning Commission and Council received a request from a property owner on Mid Oaks to rezone property from AP, Agricultural Preservation to Large Lot Lakeshore Residential In 2003, a property owner on North 62nd Street requested permission to rezone property from AP to Lakeshore Both requests were approved and generated significant neighborhood controversy and input into the planning public hearing process (attached are staff reports for the two requests) The AP zoning regulations and a zoning map of the expansion area is also included This item was first reviewed by the Planning Commission in 1999 after adoption of the Comprehensive Plan and tabled because of property owner opposition (see attached 1999 staff report and letters of comment) This has been scheduled for a discussion item to determine how to proceed with consideration of the AP designation in the expansion area MEMO To Planning Commission From Steve Russell, Community Development Director Subject Rezoning of Remaining Phase I Expansion Area Date November 4, 1999 Discussion There remains three areas within the Phase I City Expansion Area that have not be rezoned from the Agricultural Preservation designation (1 du/10 acres) What this means as far as land use is concerned is that all lots under 10 acres are nonconforming and future use would be limited There has not been problems with the current AP zoning designation over the last 3-1/2 years One property owner off of 62nd Street has indicated an interest in subdividing at a small lot size This item is brought to your attention for discussion and direction Recommendation Discussion of need for rezoning and provide direction Attachment Phase I Annexation Rezoning Map Annexation Land Use Study Area 'raj' idel:•-zmmi- 1-1/ 1 1 '4 IH AIME MAI _ • - =k 1.111,2111 r+• 0111 !_� ���iiuii ui sue 7_ a.a, .4.. VI • el • 11 \9411IL. 0 7110110 II ir g _i ...ImmEmompTianlvt\_,,, r,iP' Aandrki laiii WM ai*...till _ , ' '''''''''''' Iiii iti ..: E s • MEMO To Planning Commission From Steve Russell, Community Development Director Subject Rezoning of remaining Phase I Expansion Area (area north of 72nd Street) Date August 5, 1999 Attached are letters that have been received regarding the rezoning the remaining Phase I expansion area May 3, 1999 City of Stillwater 216 North Fourth Street Stillwater, MN 55082 Attention Steve Russell, Planning Director Dear Mr Russell It has come to my attention that the city is planning to study and possibly rezone Phase I annexation area that is currently zoned as Agricultural Preserve (AP) The purpose of this letter is to appeal to City Planning to retain the AP classification for the property at 12721 (Grace Baptist Church) and 12525 75th St N (my home), which compnse 11+ acres The bulk of the property has been maintained in Agnculture This property has been used within the requirements of the AP zoning As it appears there is no valid reason at the present time to alter zoning on these qualifying properties Maintauung AP zoning would save the city time and expense of rezoning until such time as there may be a need to rezone to accommodate development Keeping the present AP zoning would somewhat lessen nsmg property taxes as well as continue property nghts as provided under the AP zoning classification I speak on behalf of myself and the other property owners concerned when I say it would also prevent unnecessary hardship on the owners, myself and others We appreciate your giving this consideration Thank you Sincerely, --e)--rdi-J _,,P 4:4 Lenard G Huebscher 12525 75th St N Stillwater Minn 55082 TO STEVE RUSSELL, PLANNING DIRECTOR FROM BOB AND JANET MEISTERLING SUBJECT PROPOSED REZONING DATE 05/04/99 CC MAYOR JAY KIMBLE, COUNCILMAN GENE BEALKA We have been told that there is a plan to rezone our property, which is currently zoned Agricultural Preserve (AP) We live at 12550 72"d Street North and own ten acres It is our understanding that our property still meets the requirements for AP zoning Maintaining this zoning would save the City the time and expense of rezoning until future development or other conditions necessitate this change Smce our property currently meets the requirements for AP zoning, we would ask that the City consider maintaining our current zoning status Thank you very much for your consideration April 30, 1999 City of Stillwater 216 North Fourth Street Stillwater, MN 55082 Attention Steve Russell, Planning Director Dear Mr Russell, It is my understanding that there is a plan to study rezoning of the Phase I annexation area that is currently zoned as Agricultural Preserve (AP) The purpose of this letter is to appeal to City Planning to retain the AP classification for the property at 12620 72nd Street N That property, as well as adjacent properties, continue to meet the AP zoning purpose and requirements (e g holding zone for lands where phased urban expansion will occur ", single-family dwelling, lot area per dwelling, ten acres, etc ) It appears there is no valid reason at the present time to alter zoning on such qualifying properties Maintaining AP zoning would save the city time and expense of rezoning until such time as there may be a need to rezone to accommodate development or other change Maintaining the current zoning may also help to mitigate escalating property taxes and continue to allow property rights provided under the AP zoning classification, thus preventing undo hardship on the property owner Thank you for your senous consideration of this petition Respectfully, Don McKenzie 12620 72nd Street North Stillwater, MN 55082-9322 Study Area Current Land Use Memo To Mayor and City Council From Steve Russell, Community Development Director `_, Date September 16, 2004 Subject Zoning Map Amendment Changing Zoning Designation of 1 5 Acres of Land from AP, Agricultural Preservation to LR, Lakeshore Residential at 7160 Mid Oaks Case No ZAM/04-02 Background The Planning Commission held a public hearing on the zoning amendment request on July 12, 2004 and the Joint Board held a public hearing on August 25, 2004 Both bodies approved the request as consistent with the City's Comprehensive Plan and recommended it for approval to the City Council (staff report and minutes attached) The request is to change the existing Agricultural Preservation (AP) zoning designation to Lakeshore Residential (LR, 20,000 square feet per dwelling) This zoning designation is consistent with the large, lot single family comprehensive plan proposed land use designation (see attached map) and the Lakeshore Zoning applied to similar Lakeshore parcels on the west side of Long Lake The request was met with neighborhood opposition because of the possible change in character to the area Of note, is that the east side of Mid Oaks is zoned Single Family Residential (RA, 10,000 square feet per dwelling) The existing zoning AP is an orderly annexation holding zone anticipating change to the comprehensive plan land use designation All properties that are first annexed to Stillwater are designated AP until the conforming comprehensive plan/zoning is reviewed and approved by the Planning Commission, Joint Board and City Council Recommendation Decision on zoning amendment request Attachments Application, staff report and minutes 7/12/04 and Joint Board 8/25/04 r, t/ --ot/ cc ,-, Memo To Joint Board From Steve Russell, Community Development Director Date August 12, 2004 Subject Zoning Map Amendment Changing Zoning Designation of 1 5 Acres of Land from AP, Agricultural Preservation to LR, Lakeshore Residential at 7160 Mid Oaks Case No ZAM/04-02 Background The Mid Oaks area was apart of Phase I annexation The Comprehensive Plan proposed land use map designates the site large lot, single family residential The proposed zoning Lakeshore Residential (20,000 square feet) is consistent with the Comprehensive Plan land use designation This zoning amendment request was heard by the Planning Commission at their meeting of August 12, 2004 Concerns from the neighborhood were expressed for the change in character of the area if rezoning is approved (see attached minutes and letters of comment) The Orderly Annexation Agreement requires the Joint Board to approve all zoning amendments as consistent with the Comprehensive Plan Recommendatoon Decision on zoning map amendment Attachments Application, staff report Joint Board 8-25-04, staff report and minutes Planning Commission 7-12-04 and letters of comment Joint Stillwater Township/City Planning Board August 25, 2004 traffic study He said the company was OK with the South Boutwell plan except for the land use recommendation #3 — that annexation/development in the planning area not occur until a specific Neal Avenue connection location and design are determined He pointed out that if the City approved annexation of the Bruggeman-owned property this year, the earliest a product could be on the market would likely be 2006 Mr Johnson closed the public heanng at 8 p m Mr Johnson pointed out that there are many outside factors affecting the traffic situation He said he would not like to push all traffic onto County Road 15, which is why he favors the Neal Avenue connection to County Road 12 He also suggested that the City should be more aggressive in getting the Curve Crest frontage road completed to County Road 15 and make a concerted effort to get Washington County to do the County Road 15 improvements, 4-lane, all the way to Highway 96 and not stop at County Road 12 Mr Milbrandt noted the Boutwell South plan has been before the City for two and a half years He said he would not want any annexation until the Neal Avenue connection is decided Mr Junker moved to adopt the revised Boutwell South Area plan, with the added recommendation that the City take an aggressive stance with Washington County regarding the Manning Avenue improvements Mr Laabs seconded the motion Motion passed unanimously Zoning Map Amendment changing the zomng of a 1 5-acre parcel from Agncultural Preservation, AP, to Lakeshore Residential, LR, at 7160 Mid Oaks Avenue, Richard and Leah Peterson, applicants Mr Russell reviewed the requested He noted that request is consistent with the City's Comprehensive Plan Properties on the east side of Mid Oaks are zoned RA, properties on the west side of Mid Oaks are designated LR City services are available and of a capacity to accommodate the request, he said The City's Planning Commission reviewed the request and recommended approval Mr Johnson opened the public hearing at 8 35 p m Richard Peterson, applicant, said he realizes his neighbors' concerns regarding the character of the neighborhood He said he and his wife love the neighborhood and the last thing they would want to do is change that He said he had offered to revise the neighborhood's former covenants to address those concerns He also noted that what they are asking to do is consistent with the Comprehensive Plan 3 Joint Stillwater Township/City Planning Board August 25, 2004 Speaking in opposition were Louise Jones, 7-79 Mid Oaks, Deidre Kramer, 7100 Mid Oaks, Charlie King, 70030 Mid Oaks, Candis Braatz, 7070 Mid Oaks, Heidi Bums, 7190 Mid Oaks, Don McKenzie, 72nd Street, and Richard Huelsmann, 62"d Street Concerns expressed by Mid Oaks residents included changing the character of the neighborhood, setting a precedent for future subdivision requests, mcreased traffic, impact on property values, and the type of home that might be placed on the subdivided lot Liz Kramer, attorney with Leonard, Street and Deinard representing Wesley and Deidre Kramer, bnefly spoke of the "public necessity" and "community welfare" standards required for approval, a letter from Ms Kramer also was included in the agenda packet Mr Huelsmann noted that a similar situation occurred on 62nd Street in the past year, where one property owner wanted to subdivide his property and the other residents in that area did not want their zoning changed to LR He called on the City to develop a new zoning classification for the large lot areas of 62nd Street, Jackson Estates, Mid Oaks, and portions of Nightmgale Boulevard, currently zoned AP, that fits the land uses in the City's Comprehensive Plan Mr Johnson closed the public hearmg at 9 25 p m Mr Milbrandt said he was not in favor of the rezoning Mr Junker stated he did not like having just one lot zoned differently He noted the Planning Commission did discuss rezoning the entire street, rather than having a hodge- podge zoning He also noted that rules are in place that were established in the Annexation Agreement and Comprehensive Plan to determine the long-term zoning Now that someone has started the process of requesting rezoning to that shown in the Comprehensive Plan, the City should play by those rules Mr Russell pointed out that when the 62nd Street request was considered, it was the recommendation that the entire area be considered for possible rezoning The other neighbors did not want that, and the Joint Board and City Council rezoned Just the one parcel Mr Magnuson pointed out that the AP zoning, which requires 10 acres, is not consistent with the Comp Plan Until just recently, if one of the properties in the AP designation burned down, the owner wouldn't have been able to rebuild because the lot was substandard according to the AP zoning He also noted that if the City decides to change - the Comprehensive Plan to include some new zoning classification,_such asiarge lot, it must be approved by the Metropolitan Council The Met Council might not approve that classification because of the availability of city services, he said 4 Joint Stillwater Township/City Planning Board August 25, 2004 There was a question as to what would happen should the Joint Board deny the request Mr Magnuson said any appeal would go to Distnct Court Mr Laabs asked if the standard has been met to justify a change in zoning Mr Magnuson responded in the affirmative Mr Junker moved to recommend that the City Council uphold the Planning Commission's recommendation for approval of the request Mr Milbrandt seconded the motion, motion passed unanimously Mr Junker suggested that the City ought to consider a larger lot classification for the annexation areas Mr Junker moved to ask the City Council to direct city staff to look at a possible new zoning for the AP areas Mr Milbrandt seconded the motion, motion passed unanimously Other items Mr Russell provided a brief update on expansion area building permit numbers, the City s recent and proposed trail improvements, possible land purchase for expansion of the Brown's Creek natural area, and expansion area road improvements Regarding road improvements, Mr Russell noted that Washington County applied for, but did not receive, federal funds for the Manning Avenue improvements He said the County currently is looking at Manning to County Road 12 improvements in 2007, those improvements were initially scheduled for 2004 Boutwell Road improvements are a City project, which could occur as early as next year Mr Russell also noted there has been some talk of a sale of the Bergman property, which would open up the Curve Crest extension frontage road There also was a bnef update on the Phase III expansion area Mr Russell said in discussions to date, developers have not been specific about the number of units, but an estimate would be about 340 The area would include large -lot single-family, small lot detached, and town house There was a concern expressed about the visual impact of locating all the higher density housing along Manning The recording secretary left at 10 45 p m Respectfully submitted, Sharon Baker Recording Secretary 5 Memo To Planning Commission From Steve Russell, Community Development Director Date June 30, 2004 Subject Zoning Amendment Changing the Zoning of 1 5 Acres of Lane (7160 Mid Oaks) from Agricultural Preservation, AP, to Lakeshore Residential, LR Case No ZAM/04-02 Background The Mid Oaks area was annexed to the City with Phase I annexation The policy of the City for new annexed areas is that when Township areas first come into the City, they are zoned Agricultural Preservation, AP, as a holding zone This request is to rezone one parcel along Mid Oaks from Agricultural Preservation, AP, to Lakeshore Residential, LR Urban services are in Mid Oaks Avenue and can be connected separately to the individual lots as they request rezoning and subdivision and has been done along Neal between Boutwell and the railroad The future subdivision concept shows a 20,000 square foot lot The Lakeshore zoning designation is consistent with other expansion areas around the lake, i e , Liberty, Legends, Nightengale The action before the Planning Commission is decision and recommendation on rezoning request to the City Council The Joint Stillwater Township/City Board is required to review the request for conformity with the Comprehensive Plan Recommendation: Approval of rezoning - recommendation to City Council Attachments Existing/proposed zoning amendment application CPC Action on 7/12/04 Approval +5-2 City of Stillwater Planning Commission July 12, 2004 The applicant was present Mr Wald, seconded by Mr Ranum, moved approval Motion passed unanimously Case No ZAM/04-02 A Zoning Map Amendment changing the zomng of a 1 5 acre parcel at 7160 Mid Oaks Avenue from Agncultural Preservation (AP) to Lakeshore Residential (LR) Richard and Leah Peterson, applicant Richard Peterson addressed the Commission He noted that the rezoning from the holding pattern it was zoned following annexation fits the City's Comprehensive Plan, as well as the existing zomng of the properties directly across the street He spoke to several of the issues raised in a letter from Liz Kramer, Leonard, Street and Demard, representing Wesley and Deidre Kramer, 7100 Mid Oaks Avenue Mr Peterson suggested that their request does not represent spot zoning as the lots across the street already are zoned residential Regarding the pnvate covenants, those expired by the terms of the covenants in 2001 and would have expired m 2003 according to state statute He said he did not think the rezoning would result in a dramatic change to the neighborhood and noted that city services are already in place Regarding the issue of "public necessity," Mr Peterson said that doesn't mean a rezoning has to have a "huge public purpose," but need only be "substantially related to the general welfare of the community " Deidre Kramer, 7100 Mid Oaks, spoke against the request She suggested if approved, owners of the other parcels in the area still zoned AP might follow suit She said the proposal does not fit the character of the existing neighborhood Liz Kramer reiterated the points raised in her letter She said she sees nothing related to the general welfare of the community m the rezoning She asked that if the Commission believes that the AP zoning is no longer appropnate for the area, a study be conducted to determine the impact Charlie King, 7030 Mid Oaks, spoke against the rezoning, as did the resident of 7190 Mid Oaks, who stated the rezoning would take away from the character and appeal of the street and its unique setting Dave Jones, 7079 Mid Oaks, said rezoning will destroy the character of the property John Braatz, 7070 Mid Oaks, asked whether the rezoning is for just one parcel or all the parcels still in AP Candace Braatz, noted there are no sidewalks and said it would not be safe for children to add any more traffic to the area Mr Russell reviewed the zoning process in the Orderly Annexation Agreement Mr Ranum asked how long the AP designation lasts Mr Russell stated as long as the neighborhood wants it to last Mr Russell noted that this request is similar to a situation on 62nd Street where one 2 City of Stillwater Planning Commission July 12, 2004 property owner requested rezoning and the others did not want to be rezoned, in that instance the single parcel was rezoned Mr Ranum asked about the size of the existing infrastructure Mr Russell stated the existing infrastructure can accommodate any additional development that might occur Mr Russell said the real issue is the "neighborhood character" issue Mr Ranum noted that the east side of the street currently is zoned RA, single family residential, yet the area has remained large lots While understanding residents' fears, Mr Ranum suggested the rezoning would not result in a great change to the neighborhood Mr Teske agreed, saying he did not think this request would have a huge impact on the neighborhood Regarding setting a precedent, Mr Teske noted that future requests would be considered on a case -by -case basis Mr Dahlquist suggested that it might be a good idea to look at another zoning designation for the entire area in question Mr Ranum noted that would not preclude future requests for rezoning to lakeshore residential Mr Ranum also noted that a number of the property owners still zoned AP would be precluded from future subdivision due to the placement of their homes on the lots Mr Peroceschi moved to recommend approval of the rezoning Mr Dahlquist seconded the motion, aslung that the motion include a condition that the city engineer confirm the utilities capacity Mr Peroceschi agreed to make that a condition of the motion Motion passed 5-2, with Mr Wald and Mr Gag voting no Case No V/04-54 A variance to the street side yard setback on a comer lot (30 feet required, 5'6" and 2' requested) for construction of a detached garage at 628 S Third St in the RB, Two Family Residential Distnct Kenneth and Joan Fixmer, applicants The Fixmers were present, along with their son, Don Kenneth Fixmer noted their property is a pie -shaped lot Photos of the property were shown Much of the discussion centered on the fact that currently there is not enough dnveway space, resulting in the Fixmer vehicle being parked on the sidewalk Mr Teske asked why the dnve couldn't be off Locust Street rather than Willard Kenneth Fixmer said Locust is not a high pnonty for snow removal Mr Fixmer also discussed a problem with sight lines at another location Mr Ranum suggested that moving the new garage to the east would provide an opportunity for a longer drive Mr Peroceschi moved to deny the request, Mr Ranum seconded the motion Mr Gag suggested the applicant is in a tough spot — the garage needs to be replaced and the shape of the lot presents problems Mr Dahlquist noted that members were not opposed to a vanance, the issue is changing the proposed location in order to accommodate a longer drive Mr Dahlquist asked if there was an alternative to outright denial 3 12620 7010 • Location Map 7055 7110 . 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Owera.o.. To< am awa by we b.aevv Maya sly Maaaya.c..tariv. ..le.aeY 0, any Y. mo" two Wsalmto, Cooly P.m Pnl abeam, enAS.aa bW a. en. lino" Mann f AM up pre. win moa 1 City Council Meeting — u,-22 September 21, 2004 Ayes Councilmembers Knesel, Milbrandt, Rheinberger, Junker and Mayor Kimble Nays None Resolution 2004-190, directing payment of bills Resolution 2004-191, Approving 2004 and 2005 Grant Agreement for Municipal Recycling Grant Distribution with Washington County Approval to purchase two 8401 Rain Train raveling portable sprinklers hose — Parks Department Approval of renewal of contract with Inegra for T1 line — MIS Approval of banner installation — Merry Mall — November 13, 2004 — St Michaels CCW Approval of request from Elks Lodge for Lily Lake Tennis Courts for sale of Christmas trees Resolution 2004-192, approval of maintenance agreements for three large scale laser printers — MIS Resolution 2004-193, approval to release funds from 2004 capital budget - Library PUBLIC HEARINGS Case No ZAM/04-02 This is the day and time for the public hearing to consider a request from Richard and Leah Peterson for a Zoning Map Amendment changing the zoning of a 1 5 acres parcel located at 7160 Mid Oaks Avenue from Agricultural Preservation (AP) to Lakeshore Residential (LR) Notices were mailed to affected property owners and published in the Stillwater Gazette on September 10, 2004 Community Development Director Russell stated that the Planning Commission held a public hearing on the zoning amendment request on July 12 and that the Joint Board held a public hearing on August 25 He stated that both bodies approved the request as consistent with the City's Comprehensive Plan and recommended it for approval to the City Council He reviewed the request and stated that this zoning designation is consistent with the large lot single family comprehensive plan proposed land use designation and the Lakeshore Zoning applied to similar Lakeshore parcels on the west side of Long Lake He continued by saying that the request has neighborhood opposition because they feel it would change the character of the area He stated that the existing zoning AP is an orderly annexation holding zone anticipating change to the comprehensive plan land use designation He stated that all properties that are first annexed to Stillwater are designated AP until the conforming comprehensive plan/zoning is reviewed and approved by the Planning Commission, Joint Board and City Council Mayor Kimble opened the public hearing Mr Richard Peterson 7160 Mid Oaks Avenue, applicant, stated that they have been looking for a smaller home, but have not found a place that is similar to what they have He stated that he would like to split the lot and build a smaller home He stated he understands his neighbor's concerns regarding the character of the neighborhood and the last thing he wants is to change that and felt that this request would not change the character He also stated that the covenants expired in 2001 and would have expired in 2003 according to state statute He stated that the zoning request would be consistent with the Comprehensive Plan He stated that the seven Tots on the west side of Mid Oaks are all non -conforming uses and will remain non -conforming uses until the zoning Page3of9 City Council Meeting — 0-+-22 September 21, 2004 gets modified according to the Comprehensive Plan He stated that the lots in the area are so large that they weren't required to get a notice of this request He stated that their immediate neighbor to the south, Kay and Don Peterson, 7130 Mid Oaks, have submitted a letter not objecting to the request, and received a letter from the Dustins who live across the street and they do not oppose the request He also stated Dr Kranz has said he is not opposed to the request, but has not submitted a letter or attended any of the hearings and that one neighbor, the Burns, are opposed to the request Mr Peterson stated that one issue that Mr Keane of Leonard, Street and Deinard mentions in his letter is related to spot zoning He stated that the City, in its Comprehensive Plan, has determined this area should be large lot residential and that properties across the street are already zoned smaller lot residential and does not meet any of the normal tests for spot zoning He felt that the planning was done during the Comprehensive Plan process He stated that the home will not be seen from the road and this will not change the character He stated that the neighborhood is concerned about the cascade of development in the area and that the only cascade in development would be if the residents want to develop their lots and the lots across the street could be subdivided into 10,000 square foot lots, if they so chose to do that He felt that many of the lots don't have the room to develop due to wetlands or the lake He addressed the appraisal on the Kramer property and stated that the property is more than a city block from their home He stated that before they put their home on the market they had two market analyses done and both stated that it would have minor to no impact on the value of the homes Ms Louise Jones, 7079 Mid Oaks, reviewed the history of the area She stated that her and her husband looked for land for over 6 months before they found their present home and have been there for 29 years She felt that the zoning has never meshed with the Comprehensive Plan She stated that even though the original plat didn't mesh with the zoning across the street the clerk, mayor and town board signed the original plat to leave it this way and it was agreed to leave it that way She stated that the people in this area signed covenants to have this area the way it is She also stated that at none of the meetings she has attended has there been anyone speaking in favor of the request, except for the Petersons She didn't understand why the Council would want to change their neighborhood and that if the request is approved it will set a precedent and felt this is not a vision that any Planning Commission or Council vision of this area would want to see She felt it was a bad idea She felt her neighborhood is different wants it to stay different and is concerned that what is built will have an impact on their -property value She stated_that even though she wants_the P_etersons_to_stay, _ what they are doing is not in the best interest of the neighborhood Ms Deidre Kramer, 7100 Mid Oaks, asked if the Council received the letter from the neighbors and her letter against the request Council acknowledged that they had the letters She stated that she has spoken at all the meetings and stated they have retained an attorney who specializes in this -area -who will speak later She stated that large lots define the uniqueness of their neighborhood in the City of Stillwater, respect for the lake and natural features of the land and can be only maintained by the integrity of the large Tots in the area She believes that the property values will be adversely affected if the subdivision is approved She stated that when they bought their home they relied on the fact that the neighborhood would retain its character She stated Page 4 of 9 City Council Meeting — uy+-22 September 21, 2004 there are two decisions that appear to be in conflict, the plat in 1973 and the Comprehensive Plan in 1996 She stated that the Peterson's proposal is a very bad idea because it is building near a wetland, establishing a small lot amidst Tots that are twice the size and there is significant neighborhood opposition She felt that the City was meant to protect them from these ideas and that the City created this dilemma when the Comprehensive Plan was developed and asked the City to make a correction to the Comprehensive Plan She stated that Mr Peterson's offer to draft covenants after he would get to subdivide and didn't think that was a good deal She encouraged the Council to create a new zoning category that will protect the neighborhood Mr Charlie King, 7030 Mid Oaks, spoke against the rezoning and asked Council to protect and preserve the character of the neighborhood Mr Edward Otis, Stillwater Township, stated that because his property is similar and could be annexed in 2015, that what Council does today could impact his property as well He stated that he attended many of the Comprehensive Plan meetings He stated that things have changed since the agreement of annexation He stated it is very confusing to understand what the City is doing He read from the original comprehensive plan and asked why is the history of downtown and its neighborhoods any different than the history of a neighborhood that has been here for a long time He also stated that this area is also unique and should remain as it is He asked that Council allow the diversity of neighborhoods in the community Ms Heidi Burns, 7190 Mid Oaks, spoke against the request because it will change the character, charm and uniqueness of the neighborhood and felt the property values will suffer She also felt that the City has a responsibility to protect its citizens and it should realize how it will affect this neighborhood Mr Dave Jones, 7079 Mid Oaks, asked for a special zoning for the neighborhood to maintain its character of the neighborhood He stated that he has talked to most of the neighbors who have provided affidavits not opposed to the request and he felt that not being opposed doesn t mean they are in favor because it is very hard for neighbors to say it is a bad idea and didn't feel that Mr Peterson may not have the support he portrays he has Mr Richard Huelsmann, 12610 62nd Street N, stated that there was a similar situation on 62nd Street and requested at that time that the zoning and Comprehensive Plan be reconciled and made clear He stated that the requestor of the subdivision on 62nd Street assured the residents that a fine group of homes would be in this subdivision, however now a Wausau home is being constructed on a lot He stated that there were many meetings prior to the annexation and many concerns were brought up They did not want to be brought into the City, but they were assured that these residents would be taken care of and were assured by the Township Board and representatives of the City that there would be no subnitive changes to essence of the existing zoning He stated that he has been disappointed enough times that if Council grants this request he is willing to support anyone physically and financially to bring this issue to a head He felt that it is time to clarify these issues and not have people's lives disrupted He stated that they were led to believe that the paragraph on Page 3 7 of the 1996 Comprehensive Plan entitled 'Semi -Rural Land Use" covered their situations, which he quoted He stated that there are two parts to the AP zoning the first part to preserve Page 5of9 City Council Meeting — U -22 September 21, 2004 open space and natural areas and that the second part is being misinterpreted and misapplied He felt that people are using a loophole and not interpreting the entire paragraph relating to the AP zoning He stated he raised concerns and was told they were grand fathered in and nothing will happen He requested that any further spot zoning be put on hold until a thorough review is considered and the inconsistencies in the Comprehensive Plan and related zoning are reviewed and resolved He stated that at the last joint board meeting Councilmembers Milbrandt and Junker recommended such a review and institutes a moratorium until it is resolved Mr Tim Keane, Leonard, Street & Deinard, representing Wes and Deirdre Kramer spoke in opposition to the request He provided his background to the Council He stated that the problem is the in-between land use pattern and it's not a solid fit between zoning and the Comprehensive Plan He stated that Mr Huelsmann gave a terrific analysis of the purpose and application of the AP zoning district, the history of these very important neighborhoods and the need for their preservation He stated that he could not find a policy supporting this rezoning of the Comprehensive Plan, except for Mr Huelsmann s quotation of the plan, but on page 3 5 of the land use element, which mentions that the City strongly supports measures to preserve natural resource and open space area and to maintain area unique, natural and historic character He also stated that the zoning ordinance requiring the Council reach certain findings in amending the zoning ordinance He stated that he doesn't see any public necessity to warrant the amendment, there is pnvate benefit here at the detriment of others, it should not be supported He stated that the Kremer's appraisal states that this request has no benefit to the Kramer's or the neighbors but will have an adverse affect on their home value He stated that looking at the proposed zoning and it is spot zoning, which meets the definition of spot zoning Mr Don McKenzie, 12620 72nd Street, stated that the Lakeshore on the lot is only 50 feet and that is unusual for Long Lake He requested that change be made to increase the Iakeshore Mr Peterson stated that he would be willing to make the Iakeshore larger because it depends on how the lot is configured and that has not been determined until a decision is made on the zoning He responded to Mr Keane's spot zoning comment in that the planning was done with the Comp Plan and that some of the properties surrounding this area are much smaller He stated that State Statute states that within 9 months of adopting a Comprehensive Plan the zoning must be changed to fit the plan He stated that it would not look any different Mayor Kimble closed the public hearing City Attorney Magnuson stated that it is true that there is a statute that when there is a change in the Comprehensive Plan the zoning must be changed to fit the plan He reviewed the history of the Comprehensive Plan process, annexation agreement, and the designation of agricultural He felt that if the property were zoned commercial it would be spot zoning, but with the property that surrounds it did not feel it was spot zoning Councilmember Rheinberger spoke in favor of the zoning map change because the property owners had 25 years notice that it could be coming with the covenants to Page 6 of 9 City Council Meeting — U4-22 September 21, 2004 expire in 2001 and they did not renew those covenants and that the annexation agreement provided an agreed upon mechanism on how zoning would be changed He felt that no one took any corrective actions and all parties had sufficient notice to make corrections or provide protective covenants Councilmember Junker asked if this is the time to review a larger zoning designation Community Development Director Russell stated that it should be discussed as a separate issue and not as part of this review He reviewed the history of the designation of the zoning of the areas of Mid Oaks, 62nd Street, etc and stated that when this was discussed there were two sides, one to preserve the character of the area and the others who wanted to be able to subdivide their land City Attorney Magnuson stated that the annexation agreement holds a lot of protection for homes brought into the City without urban services He stated that Mid Oaks already has sewer and water Councilmember Knesel was concerned that the residents did not preserve this area by renewing the covenants and asked if there was thought to zoning to preserve the character at the time Mr Russell stated that the agreement was to provide options to the residents whether they wanted to subdivide or not subdivide Councilmember Junker stated the Mid Oaks area is unique and can control its own destiny, however he wants to be consistent with the Comprehensive Plan Councilmember Milbrandt stated it does not feel right and felt he would have to vote against the request because there are some unique areas in Stillwater and they should be preserved He also stated that if it does pass that Council direct staff to look at all the AP areas Mayor Kimble asked could a moratorium be done until this issue is resolved City Attorney Magnuson advised the Council that he would have to check on a moratorium issue because there have been some changes, however this request can not be tabled to study this issue because of the 60-day rule Motion by Councilmember Rheinberger, seconded by Councilmember Junker approving the first reading of an ordinance amending the zoning map and directing City Attorney Magnuson to prepare findings Ayes Councilmember Rheinberger, Junker, and Mayor Kimble Nays Councilmembers Milbrandt and Knesel Motion by Councilmember Milbrandt, seconded by Councilmember Rheinberger directing staff to review all the AP areas All in favor Mayor Kimble recessed the meeting at 8 00 p m Page 7 of 9 RESOLUTION 2004-205 /4G(.2 24(0 io (I-02 APPROVAL OF RESOLUTION ADOPTING FINDINGS OF FACTS, CONCLUSION AND ORDER RELATED TO ZONING MAP AMENDMENT CHANGING THE ZONING OF A 1 5 ACRES PARCEL LOCATED AT 7160 MID OAKS AVENUE FROM AGRICULTURAL PRESERVATION (AP) TO LAKESHORE RESIDENTIAL (LR) WHEREAS, based upon direction given by the City Council, the City Attorney has drafted Findings of Fact, Conclusions of Law and Order justifying decision on as it relates to a zoning map amendment changing the zoning of a 1 5 acres parcel located at 7160 Mid Oaks Avenue from Agricultural Preservation (AP) to Lakeshore Residential (LR) (Case ZAM/04-02) and WHEREAS, the City Council has give full consideration to all the evidence presented and due consideration, resolves as follows 1 That the Findings of Fact, Conclusions of Law and Order attached hereto as Exhibit "A" regarding changing the zoning of a 1 5 acres parcel located at 7160 Mid Oaks Avenue from Agricultural Preservation (AP) to Lakeshore Residential (LR) are accepted and adopted Adopted by Council this 5th day of October 2004 Attest hz(z/if (64 a,s.oc___ Diane F Ward, City Clerk Memo To Mayor and City Council fi" From Steve Russell, Community Development Director Date July 10, 2003 Subject Zoning Amendment Rezoning 10 Lots of Approximately 25 Acres from Agricultural Preservation (AP) to Lakeshore Residential (LR) Case No ZAM/03-03 Background The Planning Commission held a public hearing on the zoning amendment request on June 9, 2003 At that meeting, the applicant presented his request and several owners of parcels in the area of rezoning spoke in opposition of the request Main points of concern were, loss of rural character, increased traffic and road side tree removal The Planning Commission recommended denial of the request On June 25, 2003, the Joint Board received the application, Planning Commission recommen anon and held a public hearing Many of the same points made by the participants at the Planning Commission meeting were made at the Joint Board meeting (see attached draft minutes) The Joint Board discussed the request comments and approved the zoning amendment request for the 3 acre Shoeberg portion of the 25 acre proposed rezoning area As indicated in the staff report, the area is designated large lot single family in the Comprehensive Plan consistent with the requested Lakeshore Residential (LR) zoning designation Over time, the council may receive requests from other property owners in the area Based on utility location and zoning boundary, it may or may not be appropriate to rezone other areas Recommendation Consideration of rezoning request and recommendation from Planning Commission and Joint Board Findings The rezoning is consistent with the Comprehensive Plan Attachments Application, staff report, minutes from CPC meeting of 6/9/03 and Joint Board meeting of 6/25/03 7 /5 r 2-- C-- it(i-dx City of Stillwater Planning Commission June 9, 2003 and Redeeming Love Church of Maplewood TNT is also the in-store provider of fireworks for Cub He said he had met with the Fire Chief regarding the request Mr Junker, seconded by Mr Wald, moved approval as conditioned Motion passed 6-2, with Mr Middleton and Mr Teske voting no Case No V/03-55 A variance to the rear yard setback (25 feet required, 10 feet requested) for construction of a three -season porch and deck at 1311 N Third St in the RB, Two Family Residential Distnct Tom and Linda Furst, apphcants Linda Furst was present She said they would like to have a rear exit to the house, and the yard is on an incline She said a similar variance was granted to a neighbor She noted they had a deck before that had to be npped down Mr Middleton, seconded by Mr Peroceschi, moved approval Motion passed 6-2, with Mr Ranum and Mr Wald voting no Case No SUB-F/03-56 Preliminary and final plat approval for a 7-lot subdivision including two outlots at 608 N Main St in the CBD, Central Business Distnct Terra Spnngs, LLC, applicant A representative of the developer bnefly outlined the proposal The two outlots will belong to the City There also will be dedicated open space in the mtenor of the development for public access The complex will include five buildings A resident of 1002 N First St expressed a concern about the height of "building 5," which he said might block his nver view The developer's representative said Terra Spnngs will be back with building details at a later date, all view comdors will be examined in that process, he said Mr Tumquist noted the request is similar to what was presented to the Commission in pnor presentations and moved approval as conditioned Mr Middleton seconded the motion Motion passed 7-1, with Mr Ranum voting no Case No ZAM/03-03 A zoning map amendment to rezone 10 lots located along 62"a Street North from AP, Agricultural -Preservation, to LR, Lakeshore Residential Kevin and Roxanne Shoeberg, applicants Case No SUB/03-61 A subdivision of a 3 03 acre lot into four lots at 12730 62' St N in the LR, Lakeshore Residential Distnct Kevin and Roxanne Shoeberg, applicants Mr Shoeberg was present He pointed out -that when the property in the area was annexed to the City, it was zoned AP by "default " None of the lots in the area meet the AP designation He said when he bought his property in 1989, it was essentially ghost platted The rezoning, he said, will make the property conforming He said he bought the property knowing the City was going to City of Stillwater Planning Commission June 9, 2003 annex the area, and that it wold be zoned residential He further stated that the rezoning is consistent with the City's Comprehensive Plan and does not breech any agreement with the Township Richard Huelsmann, 12610 62"d St N , stated that when the area was brought into the City in 1996, part of the agreement was that 62"d would remain rural in character, with no piecemeal subdivisions allowed That portion of 62"d Street is currently an 18-foot road that connects with the path on the west side of Long Lake If the subdivision is allowed, he said it would increase traffic by 33 percent, and the developer could petition the City to upgrade the street He noted that none of the lots, other than his, has lakeshore access He further noted that the request only benefits a few property owners, and that piecemeal subdivisions will charge the character of the neighborhood Mr Huelsmann also read letters from Patrick A Tynen and Jean M Tynen, 12677 62nd St N , and Perry Furgala, 12525 62"d St N , stating their opposition to the rezoning and subdivision A resident of 2872 Long Lake Dr asked about the possibility of assessments due to the extension of sewer services and the possibility of increased taxes A resident of 2885 Nightingale Court asked about water runoff Lisa and Eric Wahlm, 12563 62"d St , stated their opposition and noted the request only benefits the farthest lot The resident of 12727 62"d St expressed opposition to being included in the lakeshore designation Also speaking in opposition to the proposal were the resident of 12601 62"d St and Kurt Zaspel, 12811 62"d St N Kay Sterling, 3200 Staloch, expressed a concern about the additional hard surfaces and the affect on Long Lake Mr Junker asked whether all 10 lots on 62"d Street had to be included Mr Russell responded that spot zoning is a bad practice According to the Comprehensive Plan, large lot residential/lakeshore residential parcels are 20,000 square feet Mr Wald moved to approve ZAM/03-03, motion died for lack of a second Mr Middleton, seconded by Mr Teske, moved to deny ZAM/03-03 Motion to deny passed 5-3, with Mr Wald, Mr Ranum and Mr Peroceschi votmg no Mr Middleton, seconded by Mr Teske, moved to deny SUB/03-61 Motion passed 6-2, with Mr Wald and Mr Peroceschi voting no 4 MINUTES OF THE CITY OF STILLWATER AND TOWN OF STILLWATER JOINT BOARD ESTABLISHED BY THE ORDERLY ANNEXATION AGREEMENT BETWEEN THE CITY AND TOWN OF STILLWATER HELD AT THE CITY COUNCIL CHAMBERS 216 NORTH FOURTH STREET STILLWATER, MINNESOTA 55082 AT 7 00 P M , WEDNESDAY, JUNE 25, 2003 At 7 00 p m the meeting was called to order by Chairman, David Johnson Present as representatives of the City of Stillwater were Mayor Jay Kimble and Council Member Gary Knesel Present as representatives of the Town of Stillwater were Town Supervisor, David Johnson and Jim Donott 1 A motion was made by Jay Kimble and seconded by Gary Knesel to approve the minutes of the Joint Board Meeting of Apnl 2, 2003 The motion was approved unanimously 2 Chairman Johnson opened the hearing on Case No ZAM/03-03, a proposed zoning map amendment to rezone 10 lots located along 62nd Street North from AP, Agricultural Preservation to LR, Lakeshore Residential, Kevin and Roxanne Shoeberg, Apphcants It was noted that published and mailed notice of this meeting had been properly given The applicant was entitled to present an overview of the proposed request Kevin Shoeberg stated that he purchased the property in 1989 when the property was m the Town of Stillwater and before purchasing, he visited with Nile Knesel, then City Coordinator, and it was suggested that the property be ghost platted to allow for future urbanization He_stated that_he requested that only his property be rezoned and not the other 10 properties, but that the City Planning felt that the neighborhood should be rezoned at one time rather than by piecemeal, and therefore, the entire neighborhood was proposed for rezoning —He -pointed -out out tharthe four lots that would result from the rezoning and subdivision request would all be larger than 20,000 sq ft and that he would live in his present house with a lot of 94 acres He pointed out that the neighborhood had already been impacted by Cub and Target and the Bradshaw development and that his view would be visually improved by looking at developed residential homes, rather than the commercial area that he now sees He explained the layouts of the lots, how they would be developed and pointed out that the AP Zoning District with a 10 acre minimum lot size is a holding zone enjoyed by people whose land was brought into the City by the Orderly Annexation Agreement often against their will with the anticipation that each parcel in the AP Agricultural Zonmg Distnct would need to be rezoned to be conforming parcels Following the presentation of the applicant, the public was invited to comment The following persons spoke Mrs Carol Elliot at 12601 — 62nd Street, asked why all of the lots were rezoned and not just Kevin Pauhne Hitchcock also residing on 62nd Street, complained that three more driveways would be cut in to this area and it would increase traffic and be visually intrusive and destroy the country lane character of 62nd Street Richard Huelsman, 12610 — 62nd Street, stated that his home was a substantial investment built in 1992 in Stillwater Township on a 2%2 acre parcel He indicates that the AP district was actually to protect the entire neighborhood against resubdivision and that any resubdivision would drastically change the country lane character of 62nd Street and that with the development of the Shoeberg parcel, the buffer area between 62nd Street and the commercial and townhouse area would be broken He indicates that more traffic would demand a better street and that would involve perhaps sewer which would be extremely expensive and drive people from their homes He indicated that he had investigated bnnging sewer to his parcel and the expense was over $45,000 and therefore, he installed an elaborate and extensive mound system to serve his 2%2 acre parcel This would effectively prevent his parcel from being 2 resubdivided He indicated that he spoke with his lawyer, James Lammers, who advised him that the legal test for rezoning is whether there is any reasonable use allowed under the existing zoning ordinances and whether circumstances have changed drastically or the onginal zoning was a mistake He implored the Joint Board to vote against this proposal Greg Machesney, 12727 — 62nd Street, objected to the rezoning He moved in this area in 1996 and was unaware of the Bradshaw development, but does not want to subdivide now, maybe in his retirement He indicated that he does not want lakeshore residential because there are a lot of trees and he wants to keep it the way it is Recently he saw wild turkeys in the area with chicks Aaron Whalen, 12563 — 62nd Street, indicated that he is against the rezoning because he bought this home specifically for its north woods feel He noted many strollers and walkers along 62nd Street and that the Shoeberg development would increase traffic and make 62nd Street unsafe He is afraid that if Shoeberg develops Berner would develop and all of this would be a big intrusion Jo Gascoigne, 12601 — 62nd Street, purchased in 1989 There were cornfields across the street and the area should not be changed by rezoning She noted that animals need a place to live and trees need a place to grow She indicated that they would never subdivide and with this rezoning would come a form of harassment She noted that there is more interference with the quietude of a neighborhood here on 62nd Street than any other place in the United States Donna Capria, Nightengale Court, is against the rezoning because it would change the neighborhood She has a large natural view lot and after Shoebergs development, she would be looking at houses -- - - — - 3 Perry Furgala, 12525 — 62nd Street North, noted that he is against the rezoning, that he has pictures of wild turkeys, and the area has much natural beauty He wants it to stay that way Pat Tynen, 12677 — 62nd Street, is also against the rezoning He has a great lot and wants no change in the neighborhood At that point, the Chairman closed the hearing and discussion ensued on the background of the AP Zoning District and the efforts of the Joint Board to protect those property owners in Stillwater Township that were brought into the City against their will from assessments and from unwanted development The Board noted, however, that the Orderly Annexation Agreement was never intended to prevent people adjacent from public utilities to develop their property and to benefit from the changes brought about by urbanization After the close of the hearing, the Chairman noted that a letter had been received by the Board from Kurt Zaspel, 12811 — 62nd Street North The letter was made part of the minutes, but the Chairman noted that Mr Zaspel was against the rezoning because he likes the area the way it is and that he is fearful of a wider road with assessments A motion was made and seconded to approve the rezoning of the Shoeberg parcel only and denying the request to rezone the remaining lots along 62nd Street The motion passed unanimously 3 The Chairman opened the public hearing on Case No SUB/03-61, a request by Kevin Shoeberg for a subdivision of 3 03 acres into 4 lots The Chairman noted that this is a companion case to the rezoning request that was just heard The Chairman invited the applicant to explain the subdivision request, which he did and then opened the hearing for public comment 4 Cindy Kohout, Nightengale Court, spoke against the subdivision as well as Kay Sterling, who resides at Staloch Place When the public comment was finished, the Chairman closed the hearing and the Joint Board discussed the subdivision Discussion centered around whether one dnveway opening should serve the development in order to protect the trees from being cut for more entrances After discussion a motion was made and seconded that the subdivision request be approved, subject to the conditions of approval outlined in the Stillwater Community Development Directors Staff Report submitted with the packet of materials and that condition 7 and 8 also be added They are as follows 7 That the development be reviewed by the City Forester with the intent that a plan be developed to maximize the savings of existmg trees and screening 8 That the applicant should meet with the Stillwater Community Development Director to see if the number of dnveways to the development could be reduced A motion was made and seconded to adjourn and the motion was approved unanimously Respectfully submitted, David T Manuson City Attor{ie and Acting Secretary 5 Memo To Stillwater Township/City Joint Board From Steve Russell, Community Development Director Date June 17, 2003 Subject Public Hearing on Rezoning (Zoning Map Amendment) Changing the Zoning of Approximately 25 Acres of Land from Agricultural Preservation (AP) to Lakeshore Residential (LR) Case No ZAM/03- 03 Background This area was a part of the Phase I annexation (1996) The area proposed for rezoning is designated large lot single family on the land use map of the Comprehensive Plan The proposed rezoning is consistent with the land use designation (2 du/acres) The applicant is requesting rezoning and subdivision Joint Board authority is review and approval over zoning amendments and review and comment for consistency of the subdivision request with zoning Planning Commission Review The Planning Commission held a hearing on the zoning map amendment on June 9, 2003 (minutes and staff report are attached) Several area property owners spoke in opposition of the request indicating concern for neighborhood character, traffic and runoff as reasons for opposition The applicant indicated the request is consistent with the Comprehensive Plan This item is scheduled for the City Council meeting of July 15, 2003 Recommendation Decision on request Attachments Application, Land Use Map, proposed zoning map, CPC staff report and minutes of June 9, 2003 Memo To Planning Commission From Steve Russell, Community Development Director Date June 5, 2003 Subject Zoning Map Amendment Changing the Zoning of Nine Lots Containing Approximately 25 acres from Agricultural Preservation, AP, to Lakeshore Residential, LR, 20,000 Square Feet Per Lot Kevin and Roxanne Shoeberg, applicants Case No ZAM/03-03 Background This area was annexed to the City in 1996 as a part of Phase I city expansion Per City Land Use Policy, the property came into the city zoned Agricultural Preservation as an initial holding zone for further study and specific urban designation The AP zone district requires a 10 acre lot size and for this use requires additional planning study, rezoning before subdivision Proposed Rezoning The proposed zoning is for changing the zoning from Agricultural Preservation to Lakeshore Residential The district being proposed for rezoning is nine large Tots of 2-3 acres located north and south of 62nd Street (a related application from the applicant for the zoning amendment proposed subdividing a 3 acre lot into four lots Case No SUB/03-61 ) Analysis The application is consistent with the single family large lot land use designation of the comprehensive plan The whole area is being considered for rezoning to coordinate public utilities and to have consistent land use Utilities can be provided from the surrounding area Zoning amendments require Joint Board approval Recommendation Approval_of the rezoning Findings The proposed rezoning is consistent with the Comprehensive Plan Attachments Application and rezoning map CPC Action on 6/9/03 Denied 5-3 PLANNING ADMINISTRI-„, ION APPLICATION FORM COMMUNITY DEVELOPMENT DEPARTMENT CITY OF STILLWATER 216 NORTH FOURTH STREET STILLWATER MN 55082 Case No Date Filed Fee Paid Receipt No ACTION REQUESTED Special/Conditional Use Permit Vanance ResubdMsion Subdivision* Comprehensive Plan Amendment x Zoning Amendment* Planning Unit Development Certificate of Compliance The fees for requested action are attached to this application *An escrow fee is also required to offset the costs of attorney and eng:neenng 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 (► 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 ►s submitted to the City Council, twelve (12) copies of supporting matenal is required A site plan is required with apphcatons Any incomplete apphcation o supporting matenal will delay the application process PROPERTY IDENTIFICATION Address of Protect 12730 - 62nd Street North Assessor's Parcel No i non 7n 41 n001 ZoningDistnct AP (GEO Code) Description of Protect Rezone to Lakeshore Reside9tial "I hereby state the foregoing statements and all data, information and evidence submitted herewith in al respects, to the best of my knowledge and belief, to be true and correct I further certify 1 will comply wit the permit if it is granted and used " Property Owner Kevin & Rexannp Shoehew Representative Mailing Address 1 9 7 zn - 6 god Street North Mailing Address City - State - Zip st 1 11 wa t P r f MN 550112 City - State - Zip Telephone No . 1- 4 3 0 - 9 ' 38 Telephone No Signature (Signature is required) Lot Size (dimensions) x Land Area Height of Buildings Stories Feet Principal Accessory Signature (Signature Is required) SITE 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 Rezoning Rezoning The property shown on the attached exlubit A which is attached hereto and incorporated by reference herein is currently zoned Agnculture Preserve This zoning designation is inconsistent with the Comprehensive Plan and the current use of the property which is smgle family residential We are requesting that the property be rezoned to Lakeshore Residential a residential zoning designation which is consistent with the Comprehensive Plan and the current use of the property By way of background the property shown on the attached exhibit A was annexed to the City of Stillwater in 1996 pursuant to an annexation agreement between the City of Stillwater and the Town of Stillwater The property was suppose to be rezoned to a zonmg classification that represented the current use of the property The AP zoning is not consistent with its uses and allows uses which are not consistent with the area or adjacent zoning distracts The area is currently used for single family residential homes A few of the properties within this area are larger (2-3 acres) and therefore capable of being subdivided into single family residential lots m order to properly and efficiently utilize municipal services within the Metropolitan Urban Services Area The Lakeshore Residential zoning classification would allow the properties to utilize appropnate setbacks which are consistent with residential single family homes Under the AP zoning the setbacks are greater because the district contemplated large lots which did not have the charactenstics of a urban neighborhood As a result of the annexation the property is clearly urban in character and the property owners are entitled to the appropnate zoning classification The adjacent properties have substantially greater densities and most of the adjacent areas have been rezoned to residential or multi -family residential zoning classifications We are requesting that the property be rezoned to allow us to effectively and efficiently use our property The zoning classification will provide us with the appropnate setbacks and allow our respective property to be subdivided into single family residential lots consistent with the City of Stillwater Comprehensive Plan and the adjacent properties We are also requestmg that the City waive and refund to us the apphcation fees required for the rezoning as this expense to rezone the entire area should be born by the City and not an individual property owner The City has done this m the past for other property owners and given the annexation of the property it would certainly make sense to have the costs for the rezoning borne by_the City a 6-•ie/s 77 42 2.e4/.. • e00J , 6 ✓may 4o �/ 2612 01 ! - 8 T� Bea �yE 887 . 261e o� r en eaa / �z 14. t. 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V/03-55 A variance to the rear yard setback (25 feet required, 10 feet requested) for construction of a three -season porch and deck at 1311 N Third St in the RB, Two Family Residential District Tom and Linda Furst, applicants Linda Furst was present She said they would like to have a rear exit to the house, and the yard is on an incline She said a similar variance was granted to a neighbor She noted they had a deck before that had to be npped down Mr Middleton, seconded by Mr Peroceschi, moved approval Motion passed 6-2, with Mr Ranum and Mr Wald voting no Case No SUB-F/03-56 Preliminary and final plat approval for a 7-lot subdivision includmg two outlots at 608 N Main St in the CBD, Central Business Distract Terra Spnngs, LLC, applicant A representative of the developer bnefly outlined the proposal The two outlots will belong to the City There also will be dedicated open space in the interior of the development for public access The complex will include five buildings A resident of 1002 N First St expressed a concern about the height of "building 5," which he said might block his river view The developer's representative said Terra Spnngs will be back with building details at a later date, all view comdors will be examined m that process, he said Mr Tumquist noted the request is sinular to what was presented to the Commission in prior presentations and moved approval as conditioned Mr Middleton seconded the motion Motion passed 7-1, with Mr Ranum voting no Case No ZAM/03-03 A zomng map amendment to rezone 10 lots located along 62nd Street North from AP, Agricultural Preservation, to LR, Lakeshore Residential Kevin and Roxanne Shoeberg, applicants Case No SUB/03-61 A subdivision of a 3 03 acre lot into four lots at 12730 62nd St N in the LR, Lakeshore Residential District Kevin and Roxanne Shoeberg, applicants Mr Shoeberg was present He pointed out that when the property m the area was annexed to the City, it was zoned AP by "default " None of the lots in the area meet the AP designation He said when he bought his property in 1989, it was essentially ghost platted The rezoning, he said, will make the property conforming He said he bought the property knowing the City was going to 3 City of Stillwater Planning Commission June 9, 2003 annex the area, and that it wold be zoned residential He further stated that the rezoning is consistent with the City's Comprehensive Plan and does not breech any agreement with the Township Richard Huelsmann, 12610 62nd St N , stated that when the area was brought into the City in 1996, part of the agreement was that 62nd would remain rural in character, with no piecemeal subdivisions allowed That portion of 62nd Street is currently an 18-foot road that connects with the path on the west side of Long Lake If the subdivision is allowed, he said it would mcrease traffic by 33 percent, and the developer could petition the City to upgrade the street He noted that none of the lots, other than his, has lakeshore access He further noted that the request only benefits a few property owners, and that piecemeal subdivisions will charge the character of the neighborhood Mr Huelsmann also read letters from Patnck A Tynen and Jean M Tynen, 12677 62nd St N , and Perry Furgala, 12525 62nd St N , stating their opposition to the rezoning and subdivision A resident of 2872 Long Lake Dr asked about the possibility of assessments due to the extension of sewer services and the possibility of increased taxes A resident of 2885 Nightingale Court asked about water nmoff Lisa and Eric Wahlm, 12563 62nd St , stated their opposition and noted the request only benefits the farthest lot The resident of 12727 62nd St expressed opposition to being included m the lakeshore designation Also speaking in opposition to the proposal were the resident of 12601 62nd St and Kurt Zaspel, 12811 62nd St N Kay Sterling, 3200 Staloch, expressed a concern about the additional hard surfaces and the affect on Long Lake Mr Junker asked whether all 10 lots on 62nd Street had to be included Mr Russell responded that spot zoning is a bad practice According to the Comprehensive Plan, large lot residential/lakeshore residential parcels are 20,000 square feet Mr Wald moved to approve ZAM/03-03, motion died for lack of a second Mr Middleton, seconded by Mr Teske, moved to deny ZAM/03-03 Motion to deny passed 5-3, with Mr Wald, Mr Ranum and Mr Peroceschi voting no Mr Middleton, seconded by Mr Teske, moved to deny SUB/03-61 Motion passed 6-2, with Mr Wald and Mr Peroceschi votiiig no 4 rJ 7f/TH ST N L Z ABERCROMBIE CROMS,E a wr4 W e¢Ea , cow o4? 801h < ST -i 171 — Location Map Alww— Y i <OfJRVE �1 ----Tr III I T Q f" NO' —l— r r7 - AMl1NO50N �nLLkG R' to cr t CRE McKUSICKIf RO AMUN C147V �V rl Lak W MOOI frItiga s j1 v.� V .k-nr:1 mwiam MEERi H Me'NI11Pih (ii ;p Ii 4ii�i lli i%? tlt 111 � f�IIYLI� NT n E3� [gig I T29N T28N T27N T32N R21W R2OW RI9W T32N T3IN T3IN • T3ON „ T3ON Air YOU ARE HERE R22W R21W R2OW T29N T28N T27N Vicinity Map 0 Scale in Feet 1597 This drawing Is the result of a compilation and reproduction of land records as they appea in arlous Washington County offices The drawing should be used for reference purposes only Washington County Is not responsible to any Inaccuracies Source Washington County Surveyors Office Phone (851) 430.6875 Parcel data based on AS400 Information current Ovough January 31 2005 Map primed March 4 2005