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HomeMy WebLinkAbout2005-06-13 CPC PacketA iliwater THE BIRTHPLACE OF MINNESOTA CITY OF STILLWATER PLANNING COMMISSION NOTICE OF MEETING 1 The City of Stillwater Planning Commission will meet on Monday, June 13, 2005 at 7 p m in the Council Chambers of Stillwater City Hall, 216 North Fourth Street AGENDA 1 Case No SUP/05-25 A special use permit for a temporary fireworks sales tent located at 1801 Market Drive (CUB Parking Lot) in the Business Park Commercial District Randy Herrman, applicant 2 Case No SUB/05-26 A resubdivision of Lot 6, Blk 7 Carli Schulenberg's Addition into two lots of 7,500 square feet located at 203 E St Croix Avenue in the RB, Two Family Residential District John Harvey, applicant 3 Case No V/05-27 A variance to the sign regulations for a temporary banner (approximately 1 year) for the relocation of the Stillwater Library located at 1305 Frontage Road West in the BP-C, Business Park Commercial District Bill Hickey, representing Stillwater Public Library, applicant 4 Case No SUP/V/05-28 A special use permit for a restaurant with outside seating and a variance to the parking regulations (8 spaces required, 0 spaces proposed) located 312 South Main Street in the CBD, Central Business District Todd Nelson, applicant 5 Case No V/05-29 A variance to the eave projection into the yard area (3 feet permitted, 10 feet requested) for the construction of an extension (8 ft x 10 ft) to a 10 x 12 shed located at 317 North Sherburne Street in the RB, Two Family Residential District James and Teresa Libby, applicant 6 Case No V/05-30 A variance to the front and street side setbacks (30 feet required, 1 foot requested) for the construction wrap -around porch located 1124 N 3rd Street in the RB, Two Family Residential District Jason Mattox, applicant CITY HALL 216 NORTH FOURTH STILLWATER, MINNESOTA 55082 PHONE 651 430-8800 7 Case No SUP/V/05-31 A modification to special use permit and variance to the side yard setback (5 feet required, 2 1 feet requested) for the construction of a two-story addition to an existing two -car carriage house located at 801 West Pine Street in the RB, Two Family Residential District Rita Graybill, applicant 8 Case No SUP/V/05-32 A special use permit for an accessory dwelling and garage with a variance to the accessory dwelling unit size regulations (800 square feet allowed, 1,000 square feet requested) located at 821 Third Street South in the RB, Two Family Residential District Todd Huntley, applicant 9 Case No SUB/V/05-33 A subdivision of a 17,250 square foot lot into two Tots of 8,625 square feet each with a variance to the lot size requirement (10,000 square feet required, 8,625 square feet requested) located at 1802 North Fourth Street in the RA, Single Family Residential District Elizabeth Crooker, applicant Other Items City of Stillwater Planning Commission May 9, 2005 Present Robert Gag, Chairperson, Gregg Carlsen, Mike Dahlquist, David Junker, Dave Middleton, David Peroceschi, Paul Teske and Jerry Turnquist Others Community Development Director Steve Russell Absent Darwin Wald Mr Gag called the meeting to order at 7 p m Approval of minutes The minutes of April 11, 2005, were approved as submitted Case No V/05-11 A variance to construct a single-family residence on an existing substandard lot and vanance to slope setback requirements at 2015 Lake St in the RB, Two Family Residential District, Flood Plain and Bluffland/Shoreland District Dan Thurmes, representing Tony Kerschbaum, applicant Mr Kerschbaum was present He noted that the Planning Commission had approved his plans/request in February However, the City Council referred the matter back to the Planning Commission due to some changes he had made that the Council didn't have adequate time to review He stated he has made an effort to address the concerns raised by Molly Shodeen of the Department of Natural Resources and has changed his plans reducing the size of the house and moving the house farther down on the lot The changes, he said, minimizes the slope impact, minimizes the need for retaining walls, ehmmates the need for a street setback vanance and better accommodates the house to the contour of the lot He noted the lot is stubbed for city sewer and water, is a lot of record, and there had been a house on the lot at one time He also informed the Commission that he has sold the lot, contingent on approval of the vanance Mr Russell noted that there is an expectation the house will be sited m the building envelop as shown in the submitted plans, as well as the building height, which might be good to clarify in conditions of approval Mr Junker asked if the information regarding the 714' height at street level and highest point of the house roof at 730' was for information or a condition Mr Russell said that was for information, but could be a condition of approval Mr Gag opened the meeting to public comments Molly Shodeen, DNR, expressed her concern that there be some method of preserving the existing screening vegetation with the change in ownership She also suggested the City may want to require additional plantings as some of the existing trees may have reached their life expectancy She also asked who would monitor the erosion control plan Mr Russell responded that the City and Brown's Creek Watershed District are responsible for momtonng the erosion control plan There were no other public comments 1 City of Stillwater Planning Commission May 9, 2005 Mr Carlsen asked if any neighbors had expressed concerns and whether a house on the site would hinder any views Mr Kerschbaum said neighbors are aware and have not expressed any concerns about his plans, and he said no views of existing houses on Maple Street would be impacted Mr Junker noted that had been a house on the property and the revised plans address several concerns He said he would have no problem with approving the variance if some of the conditions were strengthened Mr Middleton suggested adding the condition regarding the roof height, not to exceed 730' There was some discussion as to how to address Ms Shodeen's concern regarding preserving screening vegetation Mr Dahlquist suggested adding language "a landscape plan that considers the mortality of existing trees shall be required" to condition of approval No 7 Mr Teske moved approval with the modified language of condition of approval No 7 and adding condition of approval No 8 that the roof height not exceed 730' Mr Junker seconded the motion Motion passed 8-0 Case No V/05-15 A vanance 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 construction of a garage and addition at 1018 S Second St in the RB, Two Family Residential District Dennis Gruber, applicant The applicant was present He explained the request is to add a third stall to the existing garage and attach the structure to the house, which would provide about 100 square feet for a laundry room Mr Peroceschi asked about a fire plan Mr Gruber stated he would do whatever the building inspector required There were no comments from the public Mr Carlsen expressed a concern about the appearance of the house, specifically the length of the house, with an attached garage of the requested size Mr Teske agreed with that concern, as did Mr Dahlquist who noted that is why there are different setback requirements for detached versus attached garages Mr Peroceschi suggested there was no reason to deny the request for a third garage stall Mr Junker agreed the request changes the style of the house and lot pretty dramatically Mr Teske, seconded by Mr Dahlquist, moved to deny Case No V/05-15 Motion to deny passed 6-2, with Mr Turnquist and Mr Middleton voting no Case No SUP/05-16 A special use permit for a coffee and ice cream shop at 145 New England Place in the VC, Village Commercial Distnct Salvatore and Mary Rosa, applicants 2 The applicants were present, along with the owner of the building Mary Rosa explained that the original Planned Unit Development showed the use as office, retail However, a previous prospective tenant planned on using the space for a professional office and a permit was issued for professional use That person is no longer interested in the space, and they are requesting the changed use for a coffee and ice cream shop She said the concept is in keeping with the neighborhood, and they have had great support from neighbors Mr Middleton asked about the affect on parking, with a possible restaurant nearby Mr Russell pointed out that there is shared parking throughout the Liberty commercial area Mr Gag invited public comment Bob Kohl, 3655 Eban Green, spoke in support of the applicants and the concept Mr Turnquist stated he thought this was a good request that fits into the area and moved approval Mr Teske seconded the motion Mr Junker expressed a possible concern about another coffee shop in close proximity Mary Rosa pointed out the other space is now being proposed for use as a spa rather than a coffee shop Motion to approve passed unanimously Case No SUBN/05-17 A resubdivision of Lots 10 and 12, Block 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 vanance to the lot size (7,500 square feet required) in the RB, Two Family Residential Distract Jon and Danette Mulack, applicants The applicants were present Mr Mulack explained they would like to obtain a second lot so in the future they could build a house on the lot The house would be small in scale, he said, and fit others in the area He suggested the proposal would increase the value of the neighborhood and is in harmony with the rest of the neighborhood Mr Gag opened the hearing to public comment Garry Gilberg, 225 N Greeley St , said there are two houses on the block that are situated on reduced sized lots, the remainder of the houses in the next two blocks are situated on oversized lots with mature trees He questioned the hardship involved in the request and stated he was strongly opposed to adding two lots more than 10 percent below the minimum lot size in a mature neighborhood consisting of large lots Mr Gilberg also spoke on behalf of the resident at 211 N Greeley, who had surgery earlier that day, who expressed her concem about a possible impact on drainage and the proximity of a future house to her home Sara Gilberg, 225 N Greeley St , expressed her concern that the best part of old Stillwater is being lost to duplexes and new development squeezed onto substandard lots She spoke of the future costs of overcrowding Mr Junker noted that the proposal results in two lots that are 1,000 square feet less than the minimum lot size Mr Middleton suggested the proposal doesn't fit the theme of the neighborhood Mr Dahlquist said there are some neighborhoods where 50' lots are in keeping with the neighborhood, however, that is not the case in this area 3 City of Stillwater Planning Commission May 9, 2005 Mr Dahlquist moved to deny Case No SUB/V/05-17 Mr Turnquist seconded the motion, motion passed unanimously Case No V/05-18 A variance to the front yard setback (30 feet required, 12 feet requested) for construction of a porch at 1224 Third Ave S in the RB, Two Family Residential Distnct Jamie Soudt, applicant The applicant was present He said they are trying to recreate what the onginal house looked like and construct a porch similar to one that was in place in the 1950s A new paver sidewalk also will be installed, he said The porch will not extend past the front of the house There were no comments from the public Mr Junker, seconded by Mr Peroceschi, moved approval as conditioned Motion passed unanimously Case No V/05-19 A vanance to the lot size regulations (7,500 square feet required) for construction of a one -car garage on a 5,250 square foot lot at 509 W Laurel in the RB, Two Family Residential Distnct Sheila Martin, applicant Ms Martin explained that she has owned the house for a year and is planning on doing a restoration She said she wants to be histoncally accurate in building the garage and plans on doing research to determine the proper style of siding, color, windows, etc An existing concrete slab on the property will be removed The garage, as proposed, meets all setback requirements Mr Dahlquist asked if there was an existing shed on the property Ms Martin said an existing steel shed will be removed Mr Middleton suggested the hardship in this instance is that there is currently no garage for the residence Mr Teske, seconded by Mr Carlsen, moved approval as conditioned Motion passed unanimously 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 Distnct Juha Thao, applicant Ms Thao said she plans to open a Tai restaurant The restaurant will be pnmanly take-out business, with some seating, six to eight tables, for dine -in customers The restaurant will be located in the former Papa John's location and will be open from 11 a m to 10 or 11 pm Mr Turnquist said he did not think parking at the location was out of control, and Mr Junker said he did not think the use was drastically different from the former use Mr Dahlquist did express a concern about parking, and Mr Middleton said when he had driven by the area earlier 4 City of Stillwater Planning Commission May 9, 2005 in the evening, the parking lot was full Mr Teske said he would rather see some parking congestion versus no business in the area Mr Dahlquist reiterated his concern regarding parking Mr Teske, seconded by Mr Peroceschi, moved approval of the vanance Motion passed 7-1, with Mr Dahlquist voting no 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 at 2401 Creekside Court in the RA, Single Family Residential District Lance Thomas, applicant Mr Thomas explained that he wanted to extend the existing porch to make it more usable and attractive He said the extended porch would still be under the roofline and inside of the gutter No one from the public wished to comment Mr Middleton, seconded by Mr Turnquist, moved approval as conditioned Motion passed unanimously Case No V/05-22 A vanance to the lot size regulations (7,500 square feet required, 6,600 square feet requested) for construction of a residence at 1217 Fourth Ave S in the RB, Two Family Residential Distnct Kevin Grube, applicant Mr Grube showed photos of surrounding homes and his plans for a single-family home of 19th century neo-traditional design He pointed out the surrounding lots are 50' wide and 132' deep and suggested his proposal fits in nicely with the neighborhood, both in size and architecture Mr Gag invited public comments Robert McIntyre, 1214 Third Ave S , owner of the property behind the proposed structure, asked about the highest point of the attached garage and the rear elevation of the house Mr Grube addressed those questions, the highest point of the residence is 32' 8" and the garage about 25' Mr McIntyre said he had no other concerns Mr Dahlquist pointed out that the proposed house/detached garage meets all setback requirements and also spoke to the character of the neighborhood Mr Russell noted that the request is not creating a separate lot, this is a lot of record The vanance request provides the Commission with the opportunity to review design of the proposed structure, and he said this design fits the character of the neighborhood Mr Middleton, seconded by Mr Dahlquist, moved to recommend Council approval of the vanance request 5 City of Stillwater Planning Commission May 9, 2005 Mr Teske expressed a concern that there is no condition that a future structure must be a single- family dwelling and no condition regarding placement of the home on site Mr Turnquist said he had a concern that something other than shown by Mr Grube might eventually be built Mr Middleton amended his motion to stipulate that approval is based on the design plans and building footpnnt as presented by Mr Grube, that any design changes must be reviewed by the Community Development Director and that the building footpnnt/envelop not exceed what was presented by the applicant on May 9, 2005 Mr Dahlquist accepted the amendment Mr Peroceschi said this proposal adds to an already overcrowded neighborhood Mr Junker also expressed a concern about overcrowding and the issue of this being a lot of record Motion to approve as conditioned passed 5-3, with Mr Junker, Mr Peroceschi and Mr Turnquist voting no Case No V/05-23 This item was removed from the agenda, as a vanance was not required Other items Building design approval for Cove/Settlers Glen traditional lots — Mr Russell explained that the Planning Commission approved design guidelines for Settlers Glen This request deals with 11 lots in the Settlers Glen "cove" development that did not receive design approval as part of the onginal PUD The developer of Settlers Glen is now planning to sell off the 11-lot parcel to another developer Present were Mark Peterson of Lennar/Lundgren/US Homes, and Kim Tram, Tram Builders, the potential purchaser Mr Peterson said the Settlers Glen developers decided to sell this parcel as the lots did not have convenient access to the community amenities The parcel is separated from the remainder of Settlers Glen by a large wetland area and Brown's Creek There is one access point, off Morgan Avenue, past about 10 existing homes Mr Peterson said they were under the impression that this parcel was not subject to design guideline restrictions While the plan submitted and applied for provides for City staff design review, Mr Tram said he is looking for market onented/market driven planning He noted the pnce point for these 11 lots will be higher than the remainder of Settlers Glen in the $500,000- $700,000 range and will be custom designed homes The discussion centered on the PUD requirement regarding placement of garages — that 70 percent of garages be placed 6' behind the fascia of the house Mr Tram noted that the narrow building pads (nine 60', one 55' and one 50') and the sloping grades of the property make garages onented to the rear of the lots a challenge, if not impossible He said by virtue of the secluded nature of the area and the higher pnce range, they are looking at more traditional housing products He also suggested that artificial guidelines will result in the tail wagging the 6 City of Stillwater Planning Commission May 9, 2005 dog — the garage placement determining the design of the homes He noted that there are design elements, such as dormers and window treatments that can mollify the appearance of garages Mr Teske spoke against "in -your -face" forward placed garages and also noted that pnce doesn't necessanly result in the best product Mr Peroceschi also suggested that garages projecting out front of the houses amounts to the "tail wagging the dog " Mr Gag asked Mr Russell if he would be comfortable reviewing design documents on an individual basis Regarding garage setbacks, Mr Russell said he would not According to the PUD guidelines, seven of the 11 lots would have to have garages 6' behind the house Mr Junker asked Mr Tram what he was looking for Mr Tram suggested a mixture — three garages setback, four "unfettered" and four side loaded There was discussion of the limit garages might project from a home Mr Tram suggested 10 or 12' feet There was a brief discussion regarding building matenals Mr Teske asked if there was any condition in the design guidelines requiring that building materials be the same on all four elevations Mr Tram responded in the affirmative Mr Middleton moved to approve the design guidelines, with the changes regarding garage placement — allowing three forward placed garages not to exceed 12' from the fascia of the house, four to abide by the 6' setback from the rear of the house, and up to four side -loaded garages Mr Tram said setting a 12' maximum doesn't solve potential design problems, noting that a homeowner might want a front porch Mr Middleton said he stayed with his motion Mr Peroceschi seconded the motion Mr Junker noted there had been a lot of give and take on the part of the Planning Commission Motion passed unanimously Agricultural Preservation transition area study — Mr Russell noted that a study of the Agricultural Preservation designation is in the Commission's 2005 work plan and suggested the Commission start thinking on how to proceed with the study In addition to the likelihood of more requests to subdivide properties designated AP such as occurred recently on Mid Oaks and 62"d Street North, the City needs to bnng zoning in compliance with the Comprehensive Plan, he said He noted that the Comprehensive Plan suggests there not be large (more than 20,000 square feet), unsewered lots in the City Mr Russell also pointed out this will be a tough issue, with concerns about any changes the Commission might propose Mr Dunker agreed that the AP area needs to be looked at as a whole, rather than taking action individually Mr Dahlquist suggested that part of the issue is sewer service and asked if there is any rule that property owners must hook-up to available service within a certain timeframe Mr Russell said according to the Orderly Annexation Agreement, the City cannot require homeowners to hookup 7 City of Stillwater Planning Commission May 9, 2005 Mr Peroceschi asked about the Boutwell area Mr Russell agreed that the City will likely be faced with two and one-half acre lots in the City at some time in the future Mr Russell suggested that members start thinking about the issue and review the Comprehensive Plan land use policy Terra Spnngs — Mr Junker informed members that Terra Spnngs developers recently were the recipients of a prestigious Twin Cities award Mr Turnquist, seconded by Mr Junker, moved to adjourn at 9 45 p m , motion passed unanimously Respectfully submitted, Sharon Baker Recording Secretary 8 Memo To Planning Commission From Steve Russell, Community Development Director Date May 26, 2005 Subject Revised Plans for Millbrook Development (Palmer Property), Lundgren Brothers/Oran Thompson, applicant Background This development has previously been before the Planning Commission at your meetings of February 14, 2005 and April 18, 2005 (staff report and minutes attached) At those meetings, the following list of concerns were expressed April 18, 2005 Planning Commission Meeting 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 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 February 15, 2005 Planning Commission Meeting 1 Parks acreage 2 Design of summit townhomes 3 Use of lake (motors/non-motorized) 4 View of ridge buildings (row of homes on ridge) 5 Traffic on Neal Avenue 6 County plans for Manning /traffic light 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) Revised Plan The revised plan and summary of changes are separately being distributed to Commissioner's by the applicant The letter of submittal is attached for reference The major change in the revised plan is replacing 46 attached townhomes located along the bluff line of Brown's Creek with 21 single family detached units (The Heritage) This change does a couple of things, it reduced the height of the structures from three stories to 1 story and walkout and provides significant landscaping to break up the rear elevation of the single family residences Additional significant landscaping is shown along the eastern edge of The Heritage units next to South Twin Lake This change has eliminated the three story Summit attached single family units and applies the Metropolitan attached single family design in locations that take advantage of the rear garage locations and front pedestrian street scape/open space relationship The changes in unit composition has resulted in a distribution of units more in line with the Comprehensive Plan land use designation (single family 65%, attached 36%) Other plan concerns previously mentioned that need further discussion include • Trail on south side of South Twin Lake ► 7 4 acres of park dedication (10 acres required) • Public access to single family pond (need better access) • Building setback key corners (provided) • Need for parking for 7 4 acres park area (40 on -street parking spaces provided/additional can be provided in park - Park Board) • Guest parking for attached (on -street spaces shown on plan, some of internal units may need additional guest parking with closer access) • Open view of greenway corridor through site (attached units changed to single family providing better visual access) H \mcnamara\sheila\2005\Memo 5 31 05 CPC special mtg palmer property wpd ► Enhance landscaping between backs of houses and Brown's Creek (additional landscaping shown on concept plan, specifics needed in future review) • Meet City street standards This needs to be reviewed as it relates to street width parking and fire access The roundabouts and road medians should also be further reviewed for design and function • A comprehensive trail plan for the site is needed showing location, type of trail, surfacing width and for what use Other Reviews MnDOT controls site access to TH 96 They have reviewed the plans and conceptually approved the roadway access location Watershed District approval is also required The Watershed Districts have reviewed the concept plans as specifics are available Actual permit review will be required with final plat application Review Process At this point in the review process, the revised plans should be considered for recommendation to the City Council Comments on any outstanding concerns such as trails, street design, parks, open space, etc , should be added to the recommendations so the applicant can respond further to the concerns After Joint Board and City Council approval of the concept plan, the application will come back to the Commission for final review (annexation, PUD, subdivision, comp plan and zoning amendment) by the Commission, Joint Board and Council before final project approval Recommendation Approval of revised concept plan with conditions Conditions 1 The lake trail shall be extended around South Twin Lake 2 The parks plan shall be referred to the Parks Board for review and approval (7 4 - 10 acres) 3 The street plan and traffic circle/medials shall be further reviewed for design and function 4 Fire Department concern regarding street width, parking and design shall be reviewed by the City Traffic Engineer 5 A detailed landscape plan shall be provided showing buildings screening along Brown's Creek and South Twin Lake 6 Specific housing designs shall be reviewed and approved by the Planning Commission 7 Site grading shall be reviewed by the Engineering Department 8 The phasing of project development shall minimize the traffic impact on Neal Avenue 9 A master trail plan shall be developed with City staff input including trail location, type of trail, surfacing, use, width and construction H \mcnamara\sheila\2005\Memo 5 31 05 CPC special mtg palmer property wpd Comprehensive Plan/Millbrook Land Use Comparison Comprehensive Plan Use Designation Large Lot Single Family (2du/acre) 11% Small Lot Single Family (4 du/acre) 69% Attached Single Family (6 du/acre) 20% Net Developable Land* Acres DU/Acre Units Percentage Large Lot Single Family 14 9 x2 30 11% Small Lot Single Family 44 7 x 4 180 66% Attached Single Family 10 5 x 6 63 23% 70 1 273 100% Millbrook Proposal Acres DU/Acre Units Percentage Small Lot Single Family 35 1 4 3 152 54% Attached Single Family 9 0 14 6 132 46% 44 1 284 100% *Net developable land equals total land minus R/W, 19 9 acres, South Twin Lake, 34 9 acres, wetlands, 22 5 acres, steep slope 8 8 acres, pond/infiltration, 8 4 acres, park 7 4 acres Revised Millbrook Small Lot Single Family 173 64% Attached Single Family 96 36% 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 May 31, 2005 MILLBROOK DEVELOPMENT CONCEPT PLAN Palmer Property, Stillwater, MN We have revised the Concept Plan for the Millbrook project proposed by Lundgren Brothers/Omn Thompson, as illustrated on the attached matenals, for the Planning Commission's consideration The project has been discussed at great lengths by the Lundgren team and we believe we have addressed the most important issues previously discussed The Concept includes 269 units total, down from 298 and 284 units previously, and down from 388 we believe is allowed under the City's Land Use Plan We have achieved this by replacing the southerly row of townhouses with single family on the west end of the site This will not only reduce the overall density but will create a better edge condition, the single family homes in this area being single level plus walkout, rather than the three -level townhomes proposed earlier We have modified the trail plan to suggest crossing Browns Creek and back, to provide a more interesting recreational expenence We have not shown a frail all the way around South Twin Lake, but believe the overall park and trail plan will provide more than enough options for walkers and bicyclists to get to the various recreational features in the area If the city insists on a trail on the south side of South Twin Lake, we would allow it to happen, but would request that it be placed at the toe of the slope near the lake and not in the back yards of single family homes We believe that this will be difficult or impossible to engineer without significant interference with the trees, wetlands, or the lake itself The features that we had modified previously are still in the plan, meeting DNR's open space PUD calculations, providing buffering and screening at the edges traffic calming along the main internal street, and others The current plan now contains fewer units in a more sensitive arrangement than any the city has seen or suggested for the site and we look forward to discussing it with you Philip Carlson, AICP, Senior Planner Dahlgren, Shardlow, and Uban, Inc for Lundgren/Orrin Thompson 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 Millbrook 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 Lakeshore 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 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 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 briefly outlined the meetmg 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 briefly 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-fanuly 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, motorized vs non -motorized 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, engineering, 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, flexibility 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 parkmg 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 unit 11 The development meets city public street standards Streets are 60' with nght-of-way, alleys are 20-24' paving, with 21-23 driveways 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 m 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 motorized craft Ms Shodeen said there is a public heanng process for establishing water surface use However, she noted there are no restrictions 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 Distract and will comply with the City's AUAR Mr Carlson also noted that while docks are proposed, they are not proposing motorized 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 trips) 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 During 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 clustenng to obtain more open 3 City of Stillwater Planning Commission Special Meeting on Palmer Property (Millbrook) Apnl 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 parking for the attached housing Mr Liberacki noted that units have two -car garages, as well as 20' dnveway 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 Junker 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 in this most recent plan Mr Russell summanzed 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 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 City'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 Land Use Designations 15 acres (1) 25 acres 77 acres Proposal Plan Attached Single Family 17 2 acres Single Family, large lot 51 3 Single Family, small lot 0 (1) Gross land area (2) Net developable land area (does not include private open space) 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 preliminanly 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) CITY OF STILLWATER PLANNING COMMISSION February 14, 2005 The resident of 8790 Neal Avenue expressed a concern about the view from across South Twin Lake She asked if there would be some kind of buffer to protect their view Mr Liberacki said there would be plantings, but acknowledged that these would be new plantings, not 50-year-old trees Wallace Raleigh, 12480 McKusick Road, asked whether the City planned to take over Neal Avenue to Highway 96 and about County plans for improvements for Manning Avenue, speaking of the difficult of current access to Manning He also asked about plans to protect the Brown's Creek environment given a walking trail along the Creek Carolyn Phelps, 12670 McKusick Road, expressed a concern about impacts on local schools, traffic, and the proximity of the Creek to the walking trail, which might lead to damage to the Creek She also expressed a concern about the number of housing units and the construction noise and dust neighbonng residents have had to put up with dunng Settlers Glen construction and now this development Regarding the trail and Brown's Creek, Mr Liberacki noted the trail would be a low -impact trail, such as mowed grass, rather than in improved asphalt trail He reiterated they are working with the two watershed districts to protect the resources He also stated they have been in contact with the school distnct regarding development plans Suzanne Block, 1800 Heifort Avenue, expressed a concern about the possible early annexation of Phase 4 properties resulting in increased traffic on Neal Avenue She also spoke of a concern regarding the width of streets and closeness of homes in the Legends development and the design of the townhomes at Settlers Glen Mr Russell responded that Phase 4 properties can be annexed early only if the property owner petitions and the City approves the petition, no decision on any early annexation request has been made at this time Regarding street width, he said streets will be 28' wide David Stone, 12850 McKusick Road, spoke of the uniqueness of the site and the potential impact of disruptions to the site Ken Heifort, 8911 Neal Ave N , noted the developers have an easement to the Palmer property off Neal and asked whether an entrance or exit is planned for that easement Mr Liberacki said that is an issue that is still being worked on Mr Heifort also questioned the advisability of taking sewer lines past a federally -designated creek There also was a question about the purchase of an existing home at the corner of the Phase 3 property and possible development plans Mr Liberacki stated that home has been purchased, but by another developer 6 CITY OF STILLWATER PLANNING COMMISSION February 14, 2005 Mr Russell raised the issue of use of South Twin Lake Orville Johnson, 8820 Neal Avenue, said he would be in favor of restncting use to non-motonzed craft Other members of the audience expressed agreement with that idea There was a question about public access Mr Liberacki said the entire west side of the lake would be designated public access Discussion was brought back to the Commission Mr Gag expressed a concern about the preponderance of attached housing, nearly 50 percent of the development Mr Liberacki stated 294 umts are proposed, well within the maximum density allowed Mr Liberacki also referred to the amount of open space that is provided Mr Teske expressed a concern that the attached housing is clustered in one space, with no connection to the rest of the development and without the same amenities Mr Liberacki noted that of the 294 lots, only 15 umts do not have direct access to an amenity Mr Dunker also expressed a concern that attached housmg is clustered on the highest part of the parcel and will be the first thing one sees dnving down Highway 96 Mr Teske also expressed a concern about the compatibility of the contrasting styles of the two attached home products, he stated he also would like to see the rear elevations of those products Mr Swamck said those answers could best be addressed by providing building elevations at a future meeting Mr Gag also asked that information regarding how the proposal matches up with the Comprehensive Plan and how forced setbacks impact plans be made available for the next meeting Mr Junker, seconded by Mr Peroceschi, moved to adjourn at 10 10 p m Respectfully submitted, Sharon Baker Recording Secretary 7 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 May 31, 2005 MILLBROOK DEVELOPMENT CONCEPT PLAN Palmer Property, Stillwater, MN We have revised the Concept Plan for the Millbrook project proposed by Lundgren Brothers/Oran Thompson, as Illustrated on the attached materials, for the Planning Commission's consideration The project has been discussed at great lengths by the Lundgren team and we believe we have addressed the most important issues previously discussed The Concept includes 269 units total, down from 298 and 284 units previously, and down from 388 we believe is allowed under the City s Land Use Plan We have achieved this by replacing the southerly row of townhouses with single family on the west end of the site This will not only reduce the overall density but will create a better edge condition, the single family homes in this area being single level plus walkout, rather than the three level townhomes proposed earlier We have modified the trail plan to suggest crossing Browns Creek and back, to provide a more interesting recreational experience We have not shown a trail all the way around South Twin Lake, but believe the overall park and trail plan will provide more than enough options for walkers and bicyclists to get to the various recreational features in the area If the city insists on a trail on the south side of South Twin Lake, we would allow it to happen, but would request that it be placed at the toe of the slope near the lake and not in the back yards of single family homes We believe that this will be difficult or impossible to engineer without significant interference with the trees, wetlands, or the lake itself The features that we had modified previously are still in the plan, meeting DNR s open space PUD calculations, providing buffenng and screening at the edges, traffic calming along the main internal street, and others The current plan now contains fewer units in a more sensitive arrangement than any the city has seen or suggested for the site and we look forward to discussing it with you Philip Carlson, AICP, Senior Planner Dahlgren, Shardlow, and Uban, Inc for Lundgren/Orrin Thompson Mi!!bI"OOK Concept Plan 5tillwater, innesota • Development Summary Heritage SF (60', 7,500 sf+) 71 lots Glendalough SF (75', 10,000 sf+) 102 lots Metropolitan ASF (4s, 5s, 6s) 96 units Total 269 u n its r y - a"wa s+lk4sms, .,4 - i+ 11j! L LINOGREN. ORR1N THOMPSON_ • SATHRE-BERGQUIST. INC. DAHLGREN SH.\RDLOW AND • UBAN Wig NORTH 2 __ - .• _ . Park and Open Space Sac, Tu Tw ;►.) V1. K F • • •-_- • MilikCOO( Park -Open Space Plan ■ 5tillwater, iinnesota Public Park 7.7 ac. (7.1% of net site - 109 ac.) Open Space — useable 32.9 ac. (net of wetland, ponds, slopes) Wetlands 16.9 ac. Ponds 4.0 ac. Infiltration 4.7 ac. Slopes 1.9 ac. Other Open Space 27.5 ac. I k ORR1N THOMPSON. SATHRE-8ERGCUIS T. INC. DAI-ILGREN • SHIRDLOWv AND - U&1N NORTH 2 ■ 5tIIwater. iinnesota Parking Summary Park North side — On -Street Residential On -Street North side West side Southeast side East side - Street East side — Internal Total Average Townhouse - Private Total Potential Lots West side East side Total 37 25 46 25 36 11 143 1.5/unit 384 12 16 28 • • Ilmb oft rac-ras-- Ti: IA 4116 bi � ►egiiii OD — —Ma eab $.f itWe • • Millbrook Parking Summary NW Area Jf 1 • !`1 1'% ORRIN THOMPSON_ SATHRE-BERGQUIST. INC (( 1HLGREN 5l-3<\DL kV AND t: £r I NORTH Memo To Planning Commission From Steve Russell, Community Development Director Date May 26, 2005 Subject Revised Plans for Millbrook Development (Palmer Property), Lundgren Brothers/Oran Thompson, applicant Background This development has previously been before the Planning Commission at your meetings of February 14, 2005 and April 18, 2005 (staff report and minutes attached) At those meetings, the following list of concerns were expressed April 18, 2005 Planning Commission Meeting 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 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 February 15, 2005 Planning Commission Meeting 1 Parks acreage 2 Design of summit townhomes 3 Use of lake (motors/non-motorized) 4 View of ridge buildings (row of homes on ridge) 5 Traffic on Neal Avenue 6 County plans for Manning /traffic light 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) Revised Plan The revised plan and summary of changes are separately being distributed to Commissioner's by the applicant The letter of submittal is attached for reference The major change in the revised plan is replacing 46 attached townhomes located along the bluff line of Brown's Creek with 21 single family detached units (The Heritage) This change does a couple of things, it reduced the height of the structures from three stories to 1 story and walkout and provides significant landscaping to break up the rear elevation of the single family residences Additional significant landscaping is shown along the eastern edge of The Heritage units next to South Twin Lake This change has eliminated the three story Summit attached single family units and applies the Metropolitan attached single family design in locations that take advantage of the rear garage locations and front pedestrian street scape/open space relationship The changes in unit composition has resulted in a distribution of units more in line with the Comprehensive Plan land use designation (single family 65%, attached 36%) Other plan concerns previously mentioned that need further discussion include • Trail on south side of South Twin Lake • 7 4 acres of park dedication (10 acres required) • Public access to single family pond (need better access) • Building setback key corners (provided) • Need for parking for 7 4 acres park area (40 on -street parking spaces provided/additional can be provided in park - Park Board) • Guest parking for attached (on -street spaces shown on plan, some of internal units may need additional guest parking with closer access) • Open view of greenway corridor through site (attached units changed to single family providing better visual access) H \mcnamara\sheila\2005\Memo 5 31 05 CPC special mtg palmer property wpd • Enhance landscaping between backs of houses and Brown's Creek (additional landscaping shown on concept plan, specifics needed in future review) • Meet City street standards This needs to be reviewed as it relates to street width parking and fire access The roundabouts and road medians should also be further reviewed for design and function • A comprehensive trail plan for the site is needed showing location, type of trail, surfacing width and for what use Other Reviews MnDOT controls site access to TH 96 They have reviewed the plans and conceptually approved the roadway access location Watershed District approval is also required The Watershed Districts have reviewed the concept plans as specifics are available Actual permit review will be required with final plat application Review Process At this point in the review process, the revised plans should be considered for recommendation to the City Council Comments on any outstanding concerns such as trails, street design, parks, open space, etc , should be added to the recommendations so the applicant can respond further to the concerns After Joint Board and City Council approval of the concept plan, the application will come back to the Commission for final review (annexation, PUD, subdivision, comp plan and zoning amendment) by the Commission, Joint Board and Council before final project approval Recommendation Approval of revised concept plan with conditions Conditions 1 The lake trail shall be extended around South Twin Lake 2 The parks plan shall be referred to the Parks Board for review and approval 3 The street plan and traffic circle/medials shall be further reviewed for design and function 4 Fire Department concern regarding street width, parking and design shall be reviewed by the City Traffic Engineer 5 A detailed landscape plan shall be provided showing buildings screening along Brown's Creek and South Twin Lake 6 Specific housing designs shall be reviewed and approved by the Planning Commission 7 Site grading shall be reviewed by the Engineering Department 8 The phasing of project development shall minimize the traffic impact on Neal Avenue 9 A master trail plan shall be developed with City staff input including trail location, type of trail, surfacing, use, width and construction H \mcnamara\sheila\2005\Memo 5 31 05 CPC special mtg palmer property wpd Comprehensive Plan/Millbrook Land Use Comparison Comprehensive Plan Use Designation Large Lot Single Family (2du/acre) Small Lot Single Family (4 du/acre) Attached Single Family (6 du/acre) Large Lot Single Family Small Lot Single Family Attached Single Family Millbrook Proposal Small Lot Single Family Attached Single Family 11% 69% 20% Net Developable Land* Acres 149 447 105 70 1 Acres 35 1 90 44 1 DU/Acre x2 x4 x6 DU/Acre 43 146 Units 30 180 63 273 Units 152 132 284 *Net developable land equals total land minus R/W, 19 9 acres, South acres, wetlands, 22 5 acres, steep slope 8 8 acres, pond/infiltration, 8 acres Revised Millbrook Small Lot Single Family 173 Percentage 11% 66% 23% 100% Percentage 54% 46% 100% Twin Lake, 34 9 4 acres, park 7 4 64% Attached Single Family 96 36% 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 May 31, 2005 MILLBROOK DEVELOPMENT CONCEPT PLAN Palmer Property, Stillwater, MN We have revised the Concept Plan for the Millbrook project proposed by Lundgren Brothers/Omn Thompson, as illustrated on the attached materials, for the Planning Commission's consideration The project has been discussed at great lengths by the Lundgren team and we believe we have addressed the most important issues previously discussed The Concept includes 269 units total, down from 298 and 284 units previously, and down from 388 we believe is allowed under the City s Land Use Plan We have achieved this by replacing the southerly row of townhouses with single family on the west end of the site This will not only reduce the overall density but will create a better edge condition, the single family homes in this area being single level plus walkout, rather than the three -level townhomes proposed earlier We have modified the trail plan to suggest crossing Browns Creek and back, to provide a more interesting recreational experience We have not shown a trail all the way around South Twin Lake, but believe the overall park and trail plan will provide more than enough options for walkers and bicyclists to get to the various recreational features in the area If the city insists on a trail on the south side of South Twin Lake, we would allow it to happen, but would request that it be placed at the toe of the slope near the lake and not in the back yards of single family homes We believe that this will be difficult or impossible to engineer without significant interference with the trees, wetlands, or the lake itself The features that we had modified previously are still in the plan, meeting DNR's open space PUD calculations, providing buffering and screening at the edges, traffic calming along the main internal street and others The current plan now contains fewer units In a more sensitive arrangement than any the city has seen or suggested for the site and we look forward to discussing it with you Philip Carlson, AICP, Senior Planner Dahlgren, Shardlow, and Uban, Inc for Lundgren/Orrin Thompson 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 Millbrook 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 Lakeshore 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 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 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 distnbution of single family versus attached housing He also briefly 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, motorized vs non -motorized 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/Ornn Thompson, Phil Carlson, Dahlgren, Shardlow and Uban, and Bob Payette, engineering, 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, flexibility 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 umts 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 unit 11 The development meets city public street standards Streets are 60' with nght-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 interior 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 originally 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 hke 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 heanng process for establishing water surface use However, she noted there are no restnctions on docks — that is the nght 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 Liberaclu 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 District 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 During 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 City of Stillwater Planning Commission Special Meeting on Palmer Property (Millbrook) Apnl 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 parking for the attached housing Mr Liberacki noted that units have two -car garages, as well as 20' dnveway aprons Mr Middleton suggested that dunng 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 Junker 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 in this most recent plan Mr Russell summanzed 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 unanimously Respectfully submitted, Sharon Baker Recording Secretary pm Motion passed 4 Memo 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 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 Comprehensive Plan Review The City's Comprehensive Plan was adopted in 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 City'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 Land Use Designations 15 acres (1) 25 acres 77 acres Proposal Plan Attached Single Family 17 2 acres Single Family, large lot 51 3 Single Family, small lot 0 (1) Gross land area (2) Net developable land area (does not include private open space) 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) CITY OF STILLWATER PLANNING COMMISSION February 14, 2005 Mr Carlsen asked what was going on around the buildmg, suggesting it seemed isolated Mr Bremer said the building ties into the condos and the main building structure on Main Street There also will be a city park nearby Mr Junker asked about the height of the building Mr Bremer stated the building will be 34' at its highest point Due to the slope of the land, the building will be about 20' high on the west and south elevations, he said Mr Turngmst moved approval as conditioned Mr Carlsen seconded the motion, motion passed unanimously Review of plans for Phase III Annexation Mr Russell introduced the discussion He noted that the City's Comprehensive Plan Amendment provided for phased growth through 2015 Phase I was the Liberty/Legends developments, which are neanng completion Phase 2 was the Settlers Glen development, which was annexed to the City in 2000 Phase 3 is the Palmer property, which abuts Highways 15 and 96, west of Neal He noted the Phase 3 site includes two special environmental resources — South Twin Lake and Brown's Creek The land use plan in the Comprehensive Plan provides for attached single-family units, large lot single-family and small lot single-family dwellings Mr Russell noted the Phase III property is not in the City at this time Representing developers US Homes/Omn Thompson were Jay Liberacki, vice president of both divisions, architect Teresa St Amant, and Bob Swanick, senior vice president of sales Mr Liberacki reviewed a development booklet, several copies of the booklet were made available to members of the audience The development will be a Traditional Neighborhood Design development Mr Liberacki touched on the topography of the site He noted developers are working with the two watersheds, Carnelian Manne and Brown's Creek, both of which have issues with the site He reviewed the evolvement of the site which has seen the park and other amenities migrate from the intenor of the site as first proposed to the penmeter of the site, thus preserving the natural environment of the lakeshore and Brown's Creek He noted that, with very few exceptions, the new homes will be more than 500' from existing homes He stated City concerns regarding traffic on Neal Avenue helped orient the site to Highway 96/Dellwood Road He also touched on the phasing plan, the first phase of which will be townhomes Ms St Amant reviewed the proposed housing products Mr Gag opened the meeting to public comment After all comments were received, Mr Liberacki was allowed to respond 5 CITY OF STILLWATER PLANNING COMMISSION February 14, 2005 The resident of 8790 Neal Avenue expressed a concern about the view from across South Twin Lake She asked if there would be some kind of buffer to protect their view Mr Liberacki said there would be plantings, but acknowledged that these would be new plantings, not 50-year-old trees Wallace Raleigh, 12480 McKusick Road, asked whether the City planned to take over Neal Avenue to Highway 96 and about County plans for improvements for Manning Avenue, speaking of the difficult of current access to Manning He also asked about plans to protect the Brown's Creek environment given a walking trail along the Creek Carolyn Phelps, 12670 McKusick Road, expressed a concern about impacts on local schools, traffic, and the proximity of the Creek to the walking trail, which might lead to damage to the Creek She also expressed a concern about the number of housing units and the construction noise and dust neighboring residents have had to put up with during Settlers Glen construction and now this development Regarding the trail and Brown's Creek, Mr Liberacki noted the trail would be a low -impact trail, such as mowed grass, rather than in improved asphalt trail He reiterated they are working with the two watershed distncts to protect the resources He also stated they have been in contact with the school district regarding development plans Suzanne Block, 1800 Heifort Avenue, expressed a concern about the possible early annexation of Phase 4 properties resulting in increased traffic on Neal Avenue She also spoke of a concern regarding the width of streets and closeness of homes in the Legends development and the design of the townhomes at Settlers Glen Mr Russell responded that Phase 4 properties can be annexed early only if the property owner petitions and the City approves the petition, no decision on any early annexation request has been made at this time Regarding street width, he said streets will be 28' wide David Stone, 12850 McKusick Road, spoke of the uniqueness of the site and the potential impact of disruptions to the site Ken Heifort, 8911 Neal Ave N , noted the developers have an easement to the Palmer property off Neal and asked whether an entrance or exit is planned for that easement Mr Liberacki said that is an issue that is still being worked on Mr Heifort also questioned the advisability of taking sewer lines past a federally -designated creek There also was a question about the purchase of an existing home at the corner of the Phase 3 property and possible development plans Mr Liberacki stated that home has been purchased, but by another developer 6 CITY OF STILLWATER PLANNING COMMISSION February 14, 2005 Mr Russell raised the issue of use of South Twin Lake Orville Johnson, 8820 Neal Avenue, said he would be in favor of restricting use to non -motorized craft Other members of the audience expressed agreement with that idea There was a question about public access Mr Liberacki said the entire west side of the lake would be designated public access Discussion was brought back to the Commission Mr Gag expressed a concern about the preponderance of attached housing, nearly 50 percent of the development Mr Liberacki stated 294 units are proposed, well within the maximum density allowed Mr Liberacki also referred to the amount of open space that is provided Mr Teske expressed a concern that the attached housing is clustered in one space, with no connection to the rest of the development and without the same amenities Mr Liberacki noted that of the 294 lots, only 15 units do not have direct access to an amenity Mr Junker also expressed a concern that attached housing is clustered on the highest part of the parcel and will be the first thing one sees dnving down Highway 96 Mr Teske also expressed a concern about the compatibility of the contrasting styles of the two attached home products, he stated he also would like to see the rear elevations of those products Mr Swanick said those answers could best be addressed by providing building elevations at a future meeting Mr Gag also asked that information regarding how the proposal matches up with the Comprehensive Plan and how forced setbacks impact plans be made available for the next meeting Mr Junker, seconded by Mr Peroceschi, moved to adjourn at 10 10 p m Respectfully submitted, Sharon Baker Recording Secretary 7 1 PLANNING APPLICATION REVIEW FORM CASE NO SUP/05-25 Planning Commission Date June 13, 2005 Project Location 1801 Market Dnve Comprehensive Plan Distnct Business Park Commercial Zoning Distnct BP-C Applicants Name Randy Herrman Type of Application Special Use Permit Project Descnption A special use permit for a temporary fireworks sales tent Discussion The applicant is requesting design review for a 30 foot by 50 foot tent structure to sell fireworks The promotion will run 10 — 14 days, plus a few additional days before and after for set up and tear down Attached is the approval from Cub to conduct the business This is the third year the tent has been in this location There have been no complaints Staff had to work with the applicant last year regarding excessive signage, the applicant has complied to the regulations Recommendation Approval with conditions Conditions of Approval 1 All revisions to the approved plan shall be reviewed and approved by the Community Development Director 2 One sign shall be permitted on the extenor of the tent 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/Letters from Applicant and Cub Foods/Site Plan HPC Action 6/6/05 Approval +5-0 J 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 V Special/Condihonal Use Permit Variance Resubdivision Subdivision* Comprehensive Plan Amendment` Zoning Amendment` Planning Unit Development * Certificate of Compliance The fees for requested action are attached to this applicat,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 ►n connection with any application All supporting material (i e photos sketches etc) submitted with application becomes the property of the City of Stillwater Sixteen (16) copies of supporting material is required If application is submitted to the City Council twelve (12) copies of supporting material is required A site plan is required with applications Any incomplete application or supporting material will delay the appbcat►on process j�(j� Lek L PROPERTYnIDENTIFICATION /_ Address of Project 1 iJ� I ma-V K Q hki U / Assessors Parcel No mac) 330040cP p j�,�U � ,, (GEO Code) Zoning District P (^�1 4tDescription of Project 4 ii,[2(►'z cSG/ 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 gran ed and used Property Owner gran B 4c o Representative v V1 UUDI, CV-6 Mailing Address LT2`. S ' S I Mailing Address I r.DI hivLEA OK City- State Zip V\thAi4e h(11\) 55t0a-t ity- State - Zip S"ht1voit riit\ Telephone No LoS 1 1-tbi Telephone No LOS-I - EAU -2SD Signature Ptall,`lWi dIA1y1, 0.14LIPSC1, Signature ZP ,2 peptywAltv-taLuo (Signature is required) (Signature is required) SITE AND PROJECT DESCRIPTION 151700 Lot Size (dimensions) x SO Total Building floor area agig0 square feet Land Area Exishng square feet Height of Buildings Stories Feet Proposed square feet Principal - Paved Impervious Area square feet Accessory No of off street parking spaces 1 Location Map 9 • STILLWA INDUS WEST FRONTAGE ROAD 60TH STREET NORTH TMH um. 55rt Doc Mb UT ESYT .. 35 R_IW R_IW R19W R_ W R21W R20W Vlcmity Map Scale in Feet Sours Wnwq on Co. 5vwyn! IDu PIor.I I Des FY. anal m 2355 mmM curran N5333 march3045 Ilm pMaY WY TOO TNT FIREWORKS A Tent Placement Worksheet must accompany each and every Lease Agreement STAND / TENT PLACEMENT WORKSHEET ADDRESS $b 1 VA t u `�- CITY jrt 1 \.use 2_v STATE YV10 ZIP r TENT 1 STAND SIZE �A X, cb STORE NAME / LOCATION # atiaTh ��OdS -#" 3b? C Lt STAND / TENT SET UP DATES BETWEEN Lo/ AND 10 `2 7_ STAND / TENT TAKE DOWN DATES BEWTEEN ri/c) AND A/a_ NORTH 1 auJo Vcoas INDICATE LOCATION AND DIMENSIONS SPECIAL INSTURCTIONS SOUTH SIGNATURE Gl; - DATE !�v9/ D j' LO D SIGNATURE DATE /7J�t�� AREA MANAGER WHITE - TNT YELLOW AREA MANAGER PINK - STORE MANAGER / LAND OWNER JV J -. V7 r UVL/UUL f-J43 Apnl 5, 2005 To Whom It May Concern TNT® Fireworks is an approsed vendor for the year of 2005 to conduct fireworks tent sales on our stores' parking lots The promotion will rur 10-14 days, plus a few additional days before and after for set up and tear down Prior to the opening sales date, A TNT® Ac.couut Executive for the state of Minnesota will call on you to introduce himself discuss the event and the placement of the selling unit in your parking lot9 He is also responsible for obtaining all necessary permits and/ or licenses Thank you in advance, for your cooperation Ln the matter and if you have any further questions please contact Randy Herrman at 800-835-5396 Joe Meurer Director of GM Cub West 1 PLANNING APPLICATION REVIEW FORM CASE NO SUB/05-26 Planning Commission Date June 13, 2005 Project Location 203 East St Croix Street Comprehensive Plan District Two Family Residential Zoning District RB Applicants Name John Harvey Type of Application Resubdivision Project Description A resubdivision of Lot 6, Blk 7 Carli Schulenberg's Addition into two lots of 7,500 square feet Discussion The applicant is requesting a subdivision of 15,000 square foot lot into two 7,500 square foot lots There is an existing garage that will have to be demolished or moved in order to split the lots If the garage is 50 years or older, there is a demolition ordinance the applicant will have to respond to Recommendation Approval with conditions Conditions of Approval 1 Garage shall be demolished or moved before resubdivision is issued Attachments Application Form/Letter from Applicant/Site Plan from Applicant/Site Plan from City PLANNING ADMINISTRA 1 ION APPLICATION FORM COMMUNITY DEVELOPMENT DEPARTMENT CITY OF STILLWATER 216 NORTH FOURTH STREET STILLWATER MN 55082 Case No SUB Date Filed Fee Paid Receipt No ACTION REQUESTED /61486 Special/Conditional Use Permit Variance Resubdivision 7-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 eng►neermg fees The fees for requested action are attached to this applcat►on The applicant is responsible for the completeness and accuracy of all forms and supporting material submitted in connection with any application All supporting matenal (i e , photos, sketches etc) submitted with application becomes the property of the City of Stillwater Sixteen (16) copies of supporting material is required If application is submitted to the City Council, twelve (12) copies of supporting matenal is required A site plan showing drainage and setbacks is required with applications Any incomplete application or supporting material will delay the application process After Planning Commission approvals, there is a 10-day appeal period Once the 10-day appeal period has ended, the applicant will receive a zoning use permit which must be signed and submitted to the City to obtain the required building permits PROPERTY IDENTIFICATION /, Address of Project do3 di-Crp 1 4 ' &Assessor's Parcel No)-1O302d/300S) (GEO Code) Zoning District AB Description of Project L of f LJt "I hereby state the foregoing statements and all data, information and evidence submitted herewith in all respects, to the best of my knowledge and belief, to be true and correct I further certify I will comply with the permit if it is granted and used " Property Owner itAleil Eli ODP O-F f Mailing Address pa 6 liteS-fr' .& City - State - Zip Al 11(Nt y-- N) � L Telephone No b i 30 - g8700 Signature (Si requir d) Representative Mailing Address l0(o E r: '\esti c, r �+ City - State -Zip StU I Nt g./ V ��► Oa'-- Telephone No Signature SITE AND PROJECT DESCRIP Lot Size (dimensiiW\ fO°x (J Land Area aare, text Height of Buildings/ Stone Feet Principal Accessory 1-(5 e is required) Total Building floor area square feet Existing square feet Proposed square feet Paved Impervious Area square feet No of off-street parking spaces H \mcnamara\sheda\PLANAPP FRM Apnl 20, 2005 0 0 of g g 8 S S 1 N " e g g- § co 99 COO COM " 8 1 m a CO i g z 0) 0) m m -+ w " g t • N NORTH a � NORTH g r w oe i" wg NORTH g a 8 N w r 2131VMIIIIS 1SV3 s THI g STREET W SECOND 1a x 1 FIRST 1 M 00 65 e69 1 1 1 m z C m 1 e g e STREET to 1N g ew r,) 1 STREET 00 ew 1 " 1 1S 3dOW 3AS 1S`d3 NORTH SECON 00 83 2 x 90 0 V1 ys 8 w 1" ()At b 00 g �a 3000 30 NORTH FIRST 0m s to CO 2 2 2 z z i Aumpol o z E z i z Harvey Woodruff LLC 106 Chestnut Street E Stillwater, MN 55082 May 21, 2005 Community Development Department City of Stillwater 216 North Fourth Street Stillwater, MN 55082 Planning Commission Harvey Woodruff, LLC , requests a variance for a Lot Split for the property located at 203 St Croix Avenue East, Stillwater, property ID number 2103020430051 This lot split is in accordance with the cities required single family lot size, and therefore will not adversely affect the surrounding neighborhood in any way If there are any questions, please contact me at 612-805-5555 Thank you Sinc c}i-ufrl-' K Harvey C ief Manager Harvey Woodruff, LLC 106 East Chestnut D Stillwater, Minnesota 55082 04, 1)-�►►0W/11 ►1 Tr( (ND 117d 5 1,01 o /7410-v- b 4/9 ..yr....^ A* f C4 : pi is- -,e,I --) 1--e-rrea-vj �r-4a -rC i —,,d.r, ,-tcv«r 111(' i 3J I -aCed6 i ram_✓ r� �°1 (Yt/m ?r•-ii $ (rve4. f njO/MO{V., ?eat, et.-4 by , `wf C4-1/sy , 144 //."0" Mk Kati pi.- A.) L? I c✓aa ti is J„ r Qo tJL 5-7o14 Lt,t.. er,v - -4 b7 ! i 'vci topod,ki) «e 4 c,... b., dti Se./- L.), f c.,)» s-J- L., 4...,k 97 231-9 1 n3 E fd- G�..o,a, / - Ca/, l 7 2? 14 A" `2- 0 -5oo- 2103020051 x 5-a 7667 /od- 2 S 2' 6 6 )d-Z 21 030204300 R21W R2OW RI9W 77 ■111 glist ,1111 T27NAir 727N R_ W R_IW R2OW Vicinity Map 0 40 Scale in Feet � aeI ▪ e6mCo.nerne. ▪ m.r We nat. Oauntr m new.. of my Inaccund. - We... . 56666,a.OT . Pr..ssI wee Part.. 0e mA9.00 Wm.. nel Om.. N. 00. 3005 Mp W..d Jun. M05 PLANNING APPLICATION REVIEW FORM CASE NO V/05-27 Planning Commission Date June 13, 2005 Project Location 1305 Frontage Road West Comprehensive Plan Distnct Business Park Commercial Zoning District BP-C Applicants Name Bill Hickey, representing Stillwater Public Library Type of Application Vanance Project Descnption a vanance to the sign regulations for a temporary banner Discussion The apphcant is requesting a vanance to the sign regulations for a temporary banner The banner is for the building at the above address, this will be the temporary home of the library while the existing library is having their addition constructed The sign will have white lettenng on a black background with vanous colored script art figures It will be up for 12 months +/_ It will not be lit Recommendation Approval with conditions Conditions of Approval 1 All revisions to the approved request 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 neighbonng violations are not hardships justifying a variance 2 That a vanance is necessary for the preservation and enjoyment of substantial property rights possessed by other properties in the same district and in the same vicimty, and that a vanance, if granted, would not constitute a special pnvilege of the recipient not enjoyed by his neighbors 3 That the authonzing of the variance will not be of substantial detriment to adjacent property and not matenally impair the purpose and intent of this title or the public interest nor adversely affect the Comprehensive Plan Attachments Application Form/Elevation Drawings • PLANNING ADMINISTRATION APPLICATION FORM COMMUNITY DEVELOPMENT DEPARTMENT CITY OF STILLWATER 216 NORTH FOURTH STREET STILLWATER MN 55082 Case No 1 al Date Filed Fee Paid /(Li Receipt No _ ACTION REQUESTED Special/Conditional Use PTV V` ariance grt ntir- Resubdivision'I Subdivision* Comprehensive Plan Amendmei 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 appbcant is responsible for the completeness and accuracy of all forms and supporting material submitted in connection with any application All supporting matenal (0 e , photo es, etc ) submitted w►th appl►cat►on becomes the property of the City of Stillwater S►xte: es of supporting material is required If appl►cation is submitted to the City Council, tw a 2) copies of supporting material is required A site plan is required with apphcations Any incomplete apphcat►on supporting material will delay the apphcat►on process Zoning District Ltif)1 � 5 PROPERTY IDENTIFICATION 2 Address of Project l 5 � !.- Assessor's Parcel No J03.0 %�,,,'� /l /„eilp 1 A ( - �CIJ >`7� 00:k 'L( 4rtq V� t�lP'�2t(%'E e) cw-�z�n - ±(z",„ De cription of Project "I hereby state the foregoing statements and all data, information and evidence submitted herewith in respects, to the best of my knowledge and belief, to be true and correct I further certify l will comply w the permit if it is granted and used " Property Owner Representative Mailing Address Mailing Address City - State - Zip City - State - Zip Telephone No 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 Building floor area square feet Existing square feet Proposed square feet Paved Impervious Area square feet No of off-street parking spaces H Mrnamara\sheila\PLANAPP FRM May 1, 2003 iLLWATERINDUSTRIAL 1ARK OUT TE DRAINAGE & WEST FRONTAGE ROAD CITY OF STILLWATER OUTLOT B r Location Map 60TH STREET NORTH R_IW R2OW RI9W T3ON R_ W R21W R20W Vicinity Map Scale in Feet Waalftion Cow, Bowyer Pnen•Ias I gam e • a bond m..340.3 • 1.1r Noy xmm STILLWATER PUBLIC L PRESERVING 0 UR P BRARY ACE PLANNING APPLICATION REVIEW FORM CASE NO SUP/V/05-28 Planning Commission Date June 13, 2005 Project Location 312 South Main Street Comprehensive Plan Distnct Central Business Distnct Zoning District CBD Applicants Name Todd Nelson Type of Application Special Use Permit and a Vanance Project Description A special use permit for a restaurant `Nacho Mamas' with outside seating and a variance to the parking regulations (8 spaces required, 0 spaces proposed) Discussion The applicant is requesting special use permit for a restaurant with an outdoor patio, and a vanance to the parking regulations The intenor restaurant would seat 56 people The patio would be at the back of the building It will seat 48 people It will be a concrete patio with a 3 ''A foot high wrought iron fence on the south and west sides, and a 5 foot pnvacy fence on the north side Candles or string lighting will provide fighting The applicant states in the attached letter that on the exterior wall of the building facing the patio area he would like to add a southwestern Mexican themed mural by a local artist The tables will have plain umbrellas over them The dumpster will be enclosed and north of the patio between the two buildings Signage will replace the LaBelle Vie sign It will be gold color and will use the existing fight The ordinance requires 8 parking spaces be provided for this use No parking spaces are provided Recommendation Approval with conditions Conditions of Approval 1, Applicant shall purchase parking permits for employees Findings Special Use Permit The proposed use will not be injunous to the neighborhood or otherwise detrimental to the public welfare and will be in harmony with the general purpose of the zoning ordinance 1 That a hardship peculiar to the property, not created by any act of the owner, exists In this context, personnel financial difficulties, loss of prospective profits and neighbonng violations are not hardships justifying a vanance 2 That a variance is necessary for the preservation and enjoyment of substantial property nghts possessed by other properties in the same district and in the same vicinity, and that a vanance, if granted, would not constitute a special privilege of the recipient not enjoyed by his neighbors 3 That the authorizing of the vanance will not be of substantial detriment to adjacent property and not matenally impair the purpose and intent of this title or the public interest nor adversely affect the Comprehensive Plan Attachments Application Form/Site Plan/Elevation m main. ream d orpland proam4maerr ems.- rgPr rem W;arr. Caron, rhea rap main. rad W red error. rams mn, Wm ...Croy not ',or. e rn, radar W 4wv Wewgw. Carry Sewyah nb Peer f44 1 U04B "I hereby state the foregoing statements and all data, information and evidence submitted herewith in all respects, to the best of my knowledge and belief, to be true and correct I further certify I will comply with the permit if it is granted and used " R, et— aret-,. 3la S, VvLAlt,L S7) S City - State - Zip .WUt M Telephone No LiL CI G/_� 1—�Cit PLANNING ADMINISTRA .ON APPLICATION FORM COMMUNITY DEVELOPMENT DEPARTMENT CITY OF STILLWATER 216 NORTH FOURTH STREET STILLWATER MN 55082 Case NoP Date Filed Fee Paid Receipt No I Li 7 ACTION REQUESTED X Special/Conditional Use Permit Vs 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 apphcat►on The applicant is responsible for the completeness and accuracy of all forms and supporting matenal submitted in connection with any apphcation All supporting matenal 0 e , photos, sketches, etc) submitted with application becomes the property of the City of Stillwater Sixteen (16) copies of supporting material is required If application is submitted to the City Council, twelve (12) copies of supporting matenal is required A site plan showing drainage and setbacks is required with appl►cat►ons Any incomplete application or supporting matenal will delay the applcat►on 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 44 �j�,� Address of Project 3/0?-SO, h T ,,� 5 Zf-/ Assessor's Parcel No o?OOc %aQ / 9 2 �1 (GEO Code) Zoning Distnctl _ V Description of Project - �G f ' ,2 -2 �,.���o�f�C /?'- Property Owner Mailing Address Signature (Signature is required) Representative / -, 7T) A( / , 7 Mailing Address /. 79 Zr__.. TX,. -_ t hi City - State - Zip 7q��/f/ Mor"), __S-07),1". Telephone No 1 S/ V-- - ,/ Signature �i ( ignature is required) SITE AND PROJECT DESCRIPTION Lot Size (dimensions) x Total Building floor area square feet Land Area Existing square feet Height of Buildings Stories Feet Proposed square feet Principal Paved Impervious Area square feet Accessory No of off-street parking spaces H \mcnamara\sheda\PLANAPP FRM April 20 2005 312 South Main Street Stillwater MN, Nacho Mama's Concrete patio- 640 square feet total —We would like to starting from the back exterior wall to the alley, and running along the sidewalk of nelson alley road pour a sealed concrete patio With a privacy along the north parking space and before the telephone pole Fifty feet of five foot high rod iron or something equivalent fence along nelson alley road and nelson alley —On the exterior wall of the building facing the patio area we would like to add a southwestern Mexican themed murals by a local artist —On the upper wall facing nelson alley road were Le Bell Vie has a sign To replace with Nacho Mama's sign that is enclosed in the packet t I 1\J i \ "-, C. 7 )l �{?7/ 4-,- 4 3.7 ('3^i . ny r, ?74h6 N \ Raj v0.) it /�-? 7 -''ios 7 )75,4�,V 4I / Y UPS/.T S // /„s-' 77li7�/{/7/1.J(.f p r IS PLANNING APPLICATION REVIEW FORM CASE NO V/05-29 Planning Commission Date June 13, 2005 Project Location 317 North Sherburne Street Comprehensive Plan District Two Family Residential Zoning District RB Applicants Name James and Teresa Libby Type of Application Variance Project Description A variance to the eave projection into the yard area (3 feet permitted, 10 feet requested) for the construction of an extension (8 ft x 10 ft) to a 10 ft x 12 ft shed Discussion The applicant is requesting a variance to the eave projection into the yard The ordinance says that every part of a required yard shall be open and unobstructed by any building or structure except for awnings, sills, cornices, buttresses, eaves, landing and necessary steps and similar architectural features may project into required yard a distance of not more than three feet so long as the projection is not closer than three feet to the property line The applicant states in the attached letter that the eaves have been constructed and the hardship is financial because they've already invested in the eaves and don't want to take them down Financial issues are not considered a hardship in terms of trying to get a variance Recommendation Denial Conditions of Approval Should the Commission approve the request, staff suggests the following conditions of approval 1 All revisions to the approved plan 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/Site Plan/Elevation Drawing/Elevation Photo 1 -T.' 1 1 —I —I I — 01. 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Inawraea • W Onnly a...ro. • 1130-644 P �6Ya NAN NINm. 49400 w11 1 u.wgs LINO 2005 RN NW.Q ay 2 200 June 3, 2885 City of Stillwater Planning Commission Steue Russell Community Deuelopment Director Re- Case No. U/84-29 Members of the Planning Commission, We support the variance that has been proposed by James and Teresa Libby who hue at 317 North Sherburne Street in Stillwater We haue known the Libby family for seueral years and in our opinion they haue proven to be considerate neighbors and good citizens of the community. Duer the past seueral years the Libby's have done extensive restoring, remodeling and updating their house and surrounding property 11I1 of this has contributed to improvements of our neighborhood that are tastefully accomplished through their knowledge and presentation of both interior and exterior design. We recommend the uanance for the eaue projection into the yard area Please consider their appeal. cerel , Ronald R Zaniewski Eloise Zaniewski 1112 West Linden Street Stillwater, Minnesota 55882 PLANNING ADMINISTRATION APPLICATION FORM COMMUNITY DEVELOPMENT DEPARTMENT CITY OF STILLWATER 216 NORTH FOURTH STREET STILLWATER MN 55082 Case No Date Filed Fee Paid Receipt No ACTION REQUESTED Special/Conditional Use Permit Variance Resubdivision Subdivision* Comprehensive Plan Amendment* Zoning Amendment* Planning Unit Development * Certificate of Compliance *An escrow fee is also required to offset the costs of attorney and engineering fees The fees for requested action are attached to this app!►cation The applicant is responsible for the completeness and accuracy of all forms and supporting material submitted in connection with any application All supporting material (0 e , photos, sketches, etc) submitted with applicaton 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 application or supporting material will delay the application process After Planning Commission approvals, there is a 10-day appeal period Once the 10-day appeal period has ended, the applicant will receive a zoning use permit which must be signed and submitted to the City to obtain the required building permits PROPERTY IDENTIFICATION Address of Project 3i -( N jar{jt Alp ` Assessor's Parcel No at L7 . 2-0 r 1 (GEO Code) Zoning District Description of Project (\rtr(1x f ` 4 (1 "I hereby state the foregoing statements and all data, information and evidence submitted herewith in all respects, to the best of my knowledge and belief, to be true and correct I further certify I will comply with the permit if it is granted and used " Property Owner 6\o,rnsu3 STii-wp-, l bh9 Mailing Address 31i Ni rna) t- City - State - Zip jk\\ k,x,nJ x . rnt41 ' DOc6 Z Telephone No to 2(- 2PJCI 2Z3(1 Signature Representative Mailing Address City - State - Zip Telephone No Signature nature is requirkd) (Signature is required) SITE AND PROJECT DESCRIPTION Lot Size (dimensions) `1O x i30 Land Area Height of Buildings Stories Feet Principal 1`/Z. Accessory house, cla :AO Total Building floor area \i l(o square feet Existing vccpp ri1(c square feet Proposed -4,00 Paved Impervious Area 5cUp square feet on vcuitvm No of off-street parking spaces square feet ga ci H \mcnamara\sheila\PLANAPP FRM April 20, 2005 May 26, 2005 Dear Planning Commission Members, We are requestmg a size vanance for our back yard garden shed The allowable size for a garden shed is 10 feet by 12 feet and our garden shed itself is 10 feet by 12 feet, but the overhang on the east side of the garden shed is 10 feet by 8 feet (supported by two end pillars) On the west side of the garden shed we also have a 42 inch covered entrance overhang that is braced (not supported by pillars so it doesn't mcrease the square footage) but it does extend 6 inches into the yard more than the Stillwater appendage code allows — a code we were made aware of after constructing the overhang The reason for this variance is a hardship issue, that of financial hardship We have already invested m the overhangs and wouldn't want to have to cut them down We put the east overhang on the garden shed for a covered potting area and we didn't realize that by putting the pillars down the square footage of the garden shed would be enlarged (since it is just an over hang with no base, not an enclosed space ) We came in to the City of Stillwater mspection office on Apnl 29, 2005 with our drawings before we began this project to purchase a building permit (as we have in the past for our other home improvement projects) At that time we were told a permit was not required for a 10 foot by 12 foot garden shed We asked about overhangs and understood then that we were m code compliance, but since the drawings weren't reviewed we didn't realize we weren't and proceeded with the project as planned We understand the permit and variance process since we have successfully completed both room additions requiring permits and a front entry that required a vanance (see attached photo ) We consider our home a piece of mhentable architecture and our intent with all of our projects is to be in compliance and to improve upon the integrity of our property and our neighborhood Thank you for considering our variance Smcerely, =, 44tyt and Teresa Libbiy L.sbivr Rat GE 3t1 J1� 514MIEguiZNE- 1444 (651) 430-22-39 CieN/5rbRAc S_ o. 10 k Id 1 a of r L d tA s vl W v r J to 11 I\ OG,;.- 14,1: ON e 4 4 317 N. Sherburne St. Front Entry Addition Witt Completed ddition Sn (6 --nVY) k°-_co/A et7L, , 1 1v'^7L-1°m 1l rgyp„o 06 trYirru4 m1 b -`' q (_u-r7 ?214 ra-c-r u62,2 htior,rrury ro PLANNING APPLICATION REVIEW FORM CASE NO V/05-30 Planning Commission Date June 13, 2005 Project Location 1124 3rd Street North Comprehensive Plan District Two Family Residential Zoning District RB Applicants Name Jason Mattox Type of Application Variance Project Description a variance to the front and street side setbacks (30 feet required, 1 foot requested) for the construction of a wrap -around porch Discussion The applicant is requesting a variance to the front and street side setbacks to construct a wrap -around porch Currently, there is a front porch that extends a greater distance into the front yard setback and doesn't fit the era of the 1878 house The front of the deck would be shortened from 10 feet to 8 feet The side porch would be increase in width from 4 feet to 7 feet The house is elevated approximately 7 feet above the street and the proposed porch would not cause a safety issue for traffic Recommendation Approval with conditions Conditions of Approval 1 The porch addition shall be similar in style and materials as the house 2 All revisions to the approved plan 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/Site Plan/Elevation Drawings Address of Project ...2 y j rD5-free 7"- ti PLANNING ADMINISTRATION APPLICATION FORM COMMUNITY DEVELOPMENT DEPARTMENT CITY OF STILLWATER 216 NORTH FOURTH STREET STILLWATER MN 55082 Case No Date Filed Fee Paid Receipt No ACTION REQUESTED Special/Conditional Use Permit 17 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 appl►cation The applicant is responsible for the completeness and accuracy of all forms and supporting material submitted in connection with any application All supporting material (i e , photos, sketches, etc) submitted with application becomes the property of the City of Stillwater Sixteen (16) copies of supporting material is required If application is submitted to the City Council, twelve (12) copies of supporting material is required A site plan showing drainage and setbacks is required with applications Any Incomplete apphcation 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 Z/030aoc./3oo0 Assessor's Parcel No / d / (GEO Code) Zoning District R/3 Description of Project C. ti, , s, 1, •-pr6'.,,7" cJ/c? C ,t )LC' G wrG p G ra ..t. c] `f-Yc, J, 7( 0•--,-- / park `j "I hereby state the foregoing statements and all data, information and evidence submitted herewith in all respects, to the best of my knowledge and belief, to be true and correct I further certify I will comply with the permit if it is granted and used " Property Owner J61�'✓ I1 Q 1-71-0 X Mailing Address // y ? r0 Sfre .. 7- City - State - Zip St- // wCt. 71P / 1,t/ 53.47 Telephone No 5/ - 2 75 ci-Yc c-/ Signature —?- (Signature is required) Lot Size (dimensions)S0 x /5 C) Land Area Representative Mailing Address <g=.1 City - State - Zip Telephone No Signature (Signature is required) SITE AND PROJECT DESCRIPTION Height of Buildings Stories Feet Principal Accessory Total Building floor area // 7 a., square feet Existing 23D, square feet Proposed square feet Paved Impervious Area square feet No of off-street parking spaces H \mcnamara\sheila\PLANAPP FRP1 April 20 2005 ti Date May 27, 2005 To Planning Commission, City of Stillwater Re Variance Currently, our house is inaccessible from the front entrance without climbing over a 4 foot retaining wall To correct this, we are planning to renovate the front of our house starting with the front deck Correctmg the deck m front of the house will allow us to plan properly for future steps beginning at street level Due to the fact that our house was built before the setback regulations were in place, we are requesting the city to allow a vanance on those regulations The vanance we are requesting is for the existing deck on the front and side of our house We would like to modify it mto a traditional wrap -around porch that fits the era the house was built (1878) This would complement the other houses on the block which are also historical along with correcting the aesthetics of the existing deck which do not fit the older architecture of Stillwater This modification would not adversely affect the neighborhood but would enhance the histonc appearance First, we are planning to shorten the width of the existing deck from the front of the house to 3`d Street from 10 feet to 8 feet Second, we are planning to widen the existing deck on the side of our house from 4 feet to 7 feet from the house to Stillwater Avenue Currently, the deck runs 9 feet along the side of the house, we would like to extend it to 18 feet The new porch would include roof, Victonan style pillars, steps, bead board ceiling and fur wood floonng Note The house is elevated above the street approximately 7 feet on the proposed corner of the porch 3RD S t r e e t H 35 ft. House to 3rd St. 6 ft. Street to Easement 29 ft. porch to property line proposed porch 8 Ft. porch 1© ft present porch House 1124 3rd Street Ho. Stw. 4 Ft. 7 Ft. porch 26 ft. 21 ft. porch to street Retaining wall/hill = 6.5 ft. vertical 4 Ft. S ft. to property line 4 ft. 2S ft. house to Property line greet Stillwater Hue. PETITION FOR VARIANCE I support a variance on the setback regulations for 1124 3`d Street North, Stillwater, MN in order to construct a wrap -around Victonan-style front porch Name In - re , .. l Mkt Arius pp( -7S4wsk Address //2_ 6 d/ 3 , � 57E-- oa XI ?A e �T I c 1\1 3v6Ufi 2P 14 VI/kites IILI T' Gf- 10cs S4-1I61,,kt2. Adc u) \\I 'Vo Al ��- l01' /2`7 1,1 3°5-1. Si nature 9r '1 14.4 Attcrtaci_ By signing this petition, you agree that the proposed construction will not be injurious to the neighborhood but will in fact enhance the neighborhood appeal 4,,..rietatg •. -.. -.* -',- ,z7re=,,--'9,0,1 ".. el- '"_'- -C" ' ,- -- " . ' Y÷ -.4-,?..1 4,1 ,,,-- V' e.,-, tve-s, -.9,r - 1 ti-'• c--. -7,4,- ,__ --t- , i , - .,,,,,, _ P PLANNING APPLICATION REVIEW FORM CASE NO SUPN/05-31 Planning Commission Date June 13, 2005 Project Location 801 West Pine Street Comprehensive Plan Distnct Two Family Residential Zoning District RB Applicants Name Rita Graybill Type of Application Special Use Permit and Variance Project Description A modification to the special use permit and a vanance to the side yard setback (5 feet required, 2 1 feet requested) and a variance to the garage height limit (1 story and twenty feet, required, two stones requested) for the construction of a two-story addition to an existing two -car carnage house Discussion A modification to the special use permit and a variance to the side yard setback and garage height limit for the construction of a 12 foot by 24 foot two-story addition to an existing two -car camage house located at The Elephant Walk Bed and Breakfast The proposed addition is for personal use, but since the residence is an approved B & B, all exterior alterations require design approval The addition is 288 square feet, the existing garage is 450 square feet, total 738, within the maximum permitted which is 800 square feet Recommendation Denial Conditions of Approval Should the Commission approve the request, staff recommends the following conditions of approval 1 All revisions to the approved plan shall be reviewed and approved by the Community Development Director 2 Materials, style and color of the addition shall match the existing garage Recommendation Denial Findings Special Use Permit The proposed use will not be injurious to the neighborhood or otherwise detrimental to the public welfare and will be in harmony with the general purpose of the zoning ordinance Variance 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 nghts possessed by other properties in the same distnct 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 detnment to adjacent property and not matenally impair the purpose and intent of this title or the public interest nor adversely affect the Comprehensive Plan Attachments Application Foul Site Plan/Elevation Drawings Address of Project Zoning District BANNING ADMINISTRA 3N 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 ?C 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 eng►neermg fees The fees for requested action are attached to this appl►cat►on The applicant is responsible for the completeness and accuracy of all forms and supporting material submitted in connection with any apphcation All supporting material (0 e , photos, sketches, etc) submitted with application becomes the property of the City of Stillwater Sixteen (16) copies of supporting material is required If apphcat►on is submitted to the City Council, twelve (12) copies of supporting material is required A site plan showing drainage and setbacks is required with applications Any incomplete application or supporting material will delay the application process After Planning Commission approvals there is a 10-day appeal period Once the 10-day appeal period has ended the applicant will receive a zoning use permit which must be signed and submitted to the City to obtain the required building permits PROPERTY IDENTIFICATION DI (it),Ine sf Assessor's Parcel No 2L 9J D, 2 B, 7 / �6 //�� (GEO Code) Description of Project 4d41/.J�, `� Ca err , e 4 ,f.4. "I hereby state the foregoing statements and all data, information and evidence submitted herewith in all respects, to the best of my knowled a and bgIief, to se trl►e and correct I further certify I will comply with the permit ►f ►t is granted and used " '�4 (jam, N 4 .'! Property Owner 'cam, 0,1 ,SJL* Representative 4 Mailing Address ?d/ (,4, . . $ A Mailing Address City State -Zip `j 144,444- 5 re ki.7— City - State - Zip Telephone No 6cf _ yiD. D l r 9 Telephone No Signature Signature (Signature is required) (Signature is required) SITE AND PROJECT DESCRIPTION Lot Size (dimensions) 0119x 12.d Y Land Area 2, 2 ) gel Height of Buildings Stories Feet Principal 30 Accessory Total Building floor area_ Existing VA.'T! square feet Proposed Z F i square feet Paved Impervious Area squat feet t No of off-street parking spaces H \mcnamara\sheila\PLANAPP FRM April 20 2005 15104 rc ' 111P0 111,° 1 S. 11°° 1 i°° I° 111°° 8 9 t (7 • .00 1 8 a _, 2 __ 30 m 40 40 m m m a .0 30 40 40 40 m 25 m (O088) 45 40 50 50 50 50 50 50 50 50 s0 50 25 es so 12 11 10 L 9 8 7 6 5 4 3 2 1 s i j° a s. 7 ge I- s. _, 1 s • s Po a �°°° 9 6 s WEBSTER BROTHERS SECOND ADDIT OIL Fit 1 7 xs 2s 5 a 25 7 2 zs 9 8 2fi 13 5 i 11 3 1 WEST 30 Lu Lu co J J WEST OAK STREET 12 3 11 10 s 9 3 8 s 7 5 8 0 5 4 7 3 2 1 i 1 I • 0°) i 1 m II _ H 0 /n 60 30 30 so 3SOm 50 50 SD no a (0038) (0037) ill 213S43 (0035) a 50 50 50 50 ,yd4,tl° $13 134 (0033) epml 250 0 UDITOR'S PLAT Is 5 4 3 2 �nl •°II 111M 1 V.1 s 50 09 •V° 1 5 5 8 20 WEST LULL'S a 0 20 1 IFA 20 PINE 07 �1 25 25 1- LL Lu 1- H cn cc 25 25 8 1 ADDITIC 5 1111.4 22 30 35 30 0a 30 J2 7 6 g i STREET s R 30 30 H y 50 m � 1_,DATATE 5 4 50 a s WILLARD 50 25 17— a V. 50 $ 0v 4 5 6 .1°5 4,0"1 208 1.47-9 0.3 50 PARK 21 Location Map 6 50 50 50 4 0 5 0 0 3 2 1 �vl ler 5 6 7 0 8 0 5 6 4101S1 60 6 0 60 STREET 470 I 12 6 5 1 12 61. 3s misr 2 1 7 e—.—+ 8 ion 50 50 Ass 9 10 0 11.^"f 12 fOh so so 50 50 50 50 50 8 Goo 1 0 6 4 3 8 2 3 1 2 6 0 60 60 30 30 6 7 2 10.`tt W 1l 0 5 4 0 3 8 41P° 2 7 8 9 810 9 so —HOLCO BE 5 0 2 7 8 9 10 11 12 50 25 y 6 50 50 •° • 5 4 3 S a ADDI' 7 �- 7 6 8 9 2 10 0 6_Iw R.OW 810w liJ4� Il N 11IN PIN 11ON P9N f°9N 1 674 {if PBN 7N r7N k W ILIW I1_0W Vicinity Map 0 181 Scale in Feet and no O.0001. andeon ony Was on Cdu Anon woo es noly W mown Own *loan Iraccu au. Sounne w... �o� Co. 5w w l o °H �1 wum200 PROPOSED CARRIAGE HOUSE ADDITION — 801 W PINE ST I am requesting permission to add on to my existing two -car carnage house Having been built before enactment of the current building requirements the existing carnage house does not meet current side yard setback requirements of five (5) feet for an accessory structure The existing setback is 2 1 feet in the front and 2 4 feet in the rear of the structure All other setbacks are in compliance The existing rear setback is currently 5 1- 5 5 feet from west to east The addition will be 5 5 feet from the rear lot line The existing carnage house has parking for two cars on the lower level (of course) The second floor was ongmally the teamster's (dnver's) quarters The existing finished room of approximately 12X12 feet on the second floor has hardwood floors, a closet, and plaster and wood lath walls and ceiling This room is currently used for storage Original knob and tube electncal service (fighting and outlets-) has been rendered inoperable and non-metallic modern wiring provides electncal power The carnage house has a separate 50-amp service, which is fed, from the main house A separate breaker panel is located in the carnage house There is still a masonry chimney in place This was onginally used for heat with access for wood stove pipe on both levels All adjoimng properties have buildings or lots that are not in compliance with current zoning requirements The Tierney's garage to the east is one foot from my property line The Thompson, to the south at house is situated on a lot that is only 82 feet deep rather than the required 100 feet with a front yard setback of 20 feet (variance # V90-37) The house to the east of the Thompson's has side yard setbacks of 6 2-7 3 feet on the west Mr Arndt's house (to the west of Thompson, SW of me) does not meet side yard setback (to the west) or front yard setback To me west the Long House garages do not meet side yard setbacks, the garage adjacent to my dnveway is 2-2 7 feet from the property line The granting of this vanance would not be the first instance of a non -conforming property in the neighborhood The existing carnage house is quite tall and an addition that matched the height would present a building that would be larger in appearance than I want or would fit the lot I am proposing the new addition to be shorter in height The design would use matenals to suggest that the addition is actually the older structure -perhaps the onginal carnage house and would be tied to the existing carnage house to form an L shaped building footpnnt I envision the extenor of the addition to be a faux stone on the first level and the gable end and dormer to be actual weathered barn wood from an old barn The faux stone finish would allow a mossy weathenng to be easily achieved and give the needed aged appearance needed I am looking to achieve an 1850 English carnage house look This addition would be used to house my 1969 MG Midget, Mikes bicycle collection and allow him a bike shop space I am also planning to return to making pottery on a regular basis and using some of the new space for my wheel, drying racks, etc The addition will also serve as a sound buffer, as the Thompson's have four very active children using w trampolines, a basket ball court the Thompson's have installed west of their garage, and the many other park like yard accessones modern cluldren seem to have available to them My lot is 22,784 sq ft The total coverage of accessory buildings including the gazebo will be in the 810 sq ft range , well under the 1000 allowed The lot has 24 trees ranging in caliber from 4-24+ Shrubs, dogwoods, hostas, daylilies, grapevine and other plants take up other areas of the lot A lot plan is attached marking the larger trees, off street parking places, and is attached to this application as is a tree inventory The lot has privacy fence on the west, south and east property lines(one foot from line) Fences run 50-60% of the side yards lines I believe that I should be granted this vanance because the non -complying setback has been in place, as is common on old lots, since before government implementation of zoning requirements The granting of the variance would allow me an accessory building that would be allowed were it not for the one side yard setback that was allowed under that laws in place at the time of construction I can see no adverse affect to any of the neighbor's property but you never know how someone else will view your plans Thank you for your consideration Rita Graybill £ IV / ) I 0 jo./tycl �S'SM )at23 /1/Pc 1 z z / id', ) t S /p7 /-1?) / )9// ' / hoJ — /�, V$f 9/ aS"off,/ _ ,I 9 Tree inventory —801 W Pine St Trees are marked on the detailed plot plan submitted with application for variance for an expansion of the existing carriage house T-8 & T-9 — Honey Cnsp apple trees 4-6 inch caliber T-1 & T-9 — Crab apple 4-6 inch caliber T11-15, T-20-23, T-2-7, T-17 — Conifers -white and red pine, Norway spruce Minimum 10 inch caliber Of particular interest are trees T-3-7 all Norway spruce, with a trunk size of 15-24 inches and heights estimated to 60 feet This clumping of trees gives the feeling of an old growth, which it is(estimated age by city abonst is 100 yrs) with limb free(not enough light) trunks to 20 feet on the interior trees Tree T-2 is a Norway spruce we use for what we believe to be the tallest decorated Chnstmas Tree in Stillwater T-16-18 are maples with the smallest being a grouping of three trunks in the 6-8 inch range , others are 8-12 inch T-24(out of order -overlooked) is a curly willow started from a flower arrangement and has been in our landscape for 5 or so years Now at 4" caliber and approximately 15 ft high Norway spruce seedlings have been cultivated from seeds gathered from T-3-7 and are being placed in the landscape, looking to replace the large trees when needed Several 3 foot specimens have been planted north of T-20-21 TiiPII 1 ,ot -14 anVai is rze nK,,sztarapi4 - ,,,,, .,,-'— u 4 1 r v A I. 3 p x 1 1 1,3 s T_1 I V i • I U Pw [ c "j t Je s T 140 S]/M C —1 1 I page 27 21 PARGL L. A 22,784 Sq Ft 61 , I i • Garage 24 53 55 3 Found % inch I P on line with plastic cap not readable Garoge 11 ---Plot = 27162 o 0 CO 1 • • • - - -S 89°27'I0eW 12Q20 - - - PARCEL B \920 Sq Ft Found Inch I P 010 feet South and 034 feet East of SW comer Lot 3, no I P set 3 4 - - - South Line Lot 3, LULLS ADO/ - - - S 89°27'IO"W 1 50 $2/ 6F/073 Plat = 120 A ffs. At aie"--0,27 /South Line Sec 28, T3ON R2OW WEST WILLARD DO A 8 N CO 1 1 I 1 IY. 11 62 h 1 1 1 1 1 I I 1 1 1a gg 0 Ni \ye_ — STREET N\ House (Platted as WILLARD Sr ) 7Ls. June 7, 2005 Mr Steve Russell Community Development Director City Hall 216 North Fourth Street Stillwater, MN 55082 RE Special Use Permit - Case No V/05/31 Dear Steve We aie unaLle to make the public hearing on June 13, 2005, but wanted to express our concerns about the Special Use Permit and Vanance for the construction of a two-story addition to an existing two -car carnage house located at the Elephant Walk Bed and Breakfast at 801 West Pine Street We live immediately to the East of this property and have concerns that this addition will be used for additional sleeping rooms, either for guest or the owners In August of 1999 this expansion was presented to the Planning Commission and defeated Our concerns are the same as they were at that time We do not want to see an increase in the number of sleeping rooms to this bed and breakfast If there were someway to assure us that it was only for the sole purpose for doing their own personal potting, not establishing a pottery business or additional sleeping rooms we may be ok with the addition If this proposed expansion is for increasing sleeping room capacity at the bed and breakfast, it will only help to do away with the residential character of the neighborhood and only increase the commercialization of Pine Street We do not want to live next door to a small motel As it is now we cope with increased traffic, on street parking (making it difficult to back out of our dnveway safely), and a lack of pnvacy I ask the council to consider the impact this Special Permit will make on our neighborhood We feel very strongly about this issue and do no want to see this Permit granted to Rita Graybill Sincerely, Tom and Paula Tierney 717 West Pine Street Stillwater, MN 55082 !i cc Robert Gag PLANNING APPLICATION REVIEW FORM CASE NO SUP/V/05-32 Planning Commission Date June 13, 2005 Project Location 821 Third Street South Comprehensive Plan Distnct Two Family Residential Zoning Distnct RB Applicants Name Todd Huntley Type of Application Special Use Permit and Vanance Project Descnption A special use permit for an accessory dwelling and garage with a vanance to the accessory dwelling unit size regulations (800 square feet required, 1000 square feet requested) and a vanance to the rear setback (25 feet required, 6 feet requested) Discussion The apphcant is requesting a special use permit and a vanance for an accessory dwelling The proposed dwelling is 1000 square (800 square required) and a vanance to the rear setback (25 feet required, 6 feet requested) It is staffs recommendation that the applicant should build a garage, which could meet the required square footage and setbacks Recommendation Denial Conditions of Approval Should the Commission approve the request, staff recommends the following conditions of approval 1 All revisions to the approved plan shall be reviewed and approved by the Community Development Director 2 The accessory dwelling unit shall match the main structure in style, color and matenals Findings Special Use Permit, The proposed use will not be injunous to the neighborhood or otherwise detrimental to the public welfare and will be in harmony with the general purpose of the zoning ordinance Vanance 1 That a hardship peculiar to the property, not created by any act of the owner, exists In this context, personnel financial difficulties, loss of prospective profits and neighbonng violations are not hardships justifying a variance 2 That a variance is necessary for the preservation and enjoyment of substantial property nghts possessed by other properties in the same distnct and in the same vicinity, and that a variance, if granted, would not constitute a special pnvilege of the recipient not enjoyed by his neighbors 3 That the authorizing of the vanance 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/Photos +rd :.�%I''• Assessors Parcel No 3 b 5O Z.b c / Gd 4 �j (GEO Code) /De/✓rt I N ZSrtNlr Ct.,,c Ere- •<- C4.i<<E,..4r2- e .4-A.0 G- .c.4e� ‘-‘,/C-r. �-s ,L r9r✓� c �irF— Gc.Uz'r �� G �c-E red r�� G✓.: i - NI/ e: yr r rz/�•% — Mf "1 hereby state the foregoing statements and all data, information and evidence submitted herewith in all respects, to the best of my knowledge and belief, to be true and correct I further certify I will comply with the permit if it is granted and used " /fit rt. Cy Mailing Address Pc Zi+ x �j City - State - Zip ,5r�a- ram. ,fir )-"/,,/ 537Se- City - State - Zip Telephone No (P/Z -2 ke--tao53 Telephone No Signature--11 Signature (Signature is required) 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 f� Special/Conditional Use Permit V 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 eng►neermg fees The fees for requested action are attached to this application The appl►cant is responsible for the completeness and accuracy of all forms and supporting material submitted in connection with any apphcat►on All supporting material (i e , photos, sketches, etc) submitted with application becomes the property of the City of Stillwater Sixteen (16) copies of supporting material is required If application is submitted to the City Council, twelve (12) copies of supporting material is required A site plan showing drainage and setbacks is required with applications Any incomplete application or supporting material will delay the application process After Planning Commission approvals, there is a 10-day appeal period Once the 10-day appeal period has ended, the applicant will receive a zoning use permit which must be signed and submitted to the City to obtain the required building permits PROPERTY IDENTIFICATION Address of Project Z/ /,`'-'Ali •r _5 Zoning District/�t,,, Description of Project Property Owner /ao: Representative 4- Lot Size (dimensions) /''4" x // 71 Land Area /4,, 8yy ss, Height of Buildings Stories Feet Proposed YPO square feet Principal 3 S s ' Paved Impervious Area /70o square feet ,o� - Accessory / Zo' No of off-street parking spaces s- Mailing Address (Signature is required) SITE AND PROJECTDESCRIPTION,sue 7Po c 4'1-1" i°4_0,'OS4P 5 - l�a.e4tic Total Building floor area /9,S-d& square feet Existing 71C square feet H \mcnamara\sheila\PLANAPP FRM April 20 2005 Todd Huntley PO Box 99 Stillwater MN 55082 May 27 2005 Stillwater Planning Commission 216 North Fourth St Stillwater MN 55082 Dear Members of the Planning Commission The purpose of this letter is to outline the request for a special use permit and vanance for the property located at 821Third Street South The zone in which the property is located is the RB — Two family distnct The city code it requires that a special use permit be acquired to construct an accessory building (garage) with an accessory dwelling unit located on the second level A vanance will also be required due to a vanance that is currently approved for a neighbonng property at the rear property line Bnef History Let me provide a bnef synopsis of the work completed thus far on the property In January of this year I purchased the property with the intention of fully renovating the property The last owner of the property made significant repairs to the extenor of the house but much of the intenor portion of the house was in disrepair To date I have made much progress on the intenor of the house all of the major mechanicals have been updated and or replaced the kitchen and two bathrooms have been taken down to the studs for complete updates all of the windows on the third and second floor have been replaced and all of the cracked plaster in the house has been removed and or repaired As I stated my intention is a full renovation of the property which now I would like to move the focus to the detached garage Request for Special Use Permit Structurally, the existing detached garage does not share the same design or matenals of the home The existing garage consists of concrete block walls wrth a 4/12 pitched roof that needs to be replaced the existing roof on the house features rooflines with 14/12 &12/12 pitch Functionally the garage is on the small side and the overhead doors are not high enough to accommodate either one of my family vehicles (Chevy P-up & Ford Excursion) So with these things said I believe that the best solution that will best fit my needs as a homeowner is to tear down and rebuild A "Carnage Style" detached garage, I believe would the most architecturally pleasing and most architecturally correct for the penod the home was built (1892) Given the geometry of the rooflines that will be required to match the garage to the existing home a dwelling space above the garage makes good sense This space above the garage offers provides a tremendous bang for the buck and would allow me to have a home office/ home gym completely separate from my home Beyond these items I am not ignorant to the financial benefits of how the new structure would greatly enhance the overall curb appeal and value of the home Benefit to Surrounding Home Owners and Community Given the lot size and the prominence of the location there is no question that the surrounding homeowners and community would also benefit from these improvements This house provides a bookend for renovation to Third St homes to the North, many of which stand much to gain in value with the renovation of this property Third St is also one of the main thoroughfares within City of Stillwater beautification along this comdor has intangible benefits as well for City of Stillwater • Page 2 May 27 2005 Hardship — Request for vanance(s) Let me first the property meets all of the following requirements for the dwelling unit Lot size dwelling unit to be located on the second floor of the garage, located in the rear yard meeting the setback from the street off street parking of 5 6 spaces unit space to will be less than 784 square feet the extenor design should meet the design requirements as it has been professionally designed to match the architecture of the home height will be within the 20 requirement the unrt will be connected to the pnmary water and sewer system via the pnmary house and finally is located on an improved public street My first hardship with the current property is has to do with the setbacks required for the dwelling unit/ detached garage With that said the lot rtself is 16 848 feet square feet which is a substantial city lot I am on a comer lot therefore I am Irmrted to the NE comer of the lot My neighbor to the rear property line (East Side) line has a vanance to build up to the existing property line which presents a hardship or significant limrtation Even if the proposed garage/ dwelling space above was attached to the home the width of the front of the garage would be limited to 26 wide with 15' setback In my opinion, this would result in a poor use of space for my property In my request 1 am asking that I be able to utilize my existing footpnnt and expand seven feet to the north/ side lot bnng the building to wrthin five feet of that property line In this request 94% of the footpnnt of the existing garage is being utilized for the proposed structure I am also requesting that the rear setback would be maintained at the current distance for the new garage/ dwelling unit (5 from the property line, with less than I of overlap of his existing neighbors building — see diagram 1 1) Given thus design (see diagram 1 4) with no window on that side of the building the fire codes requirements could easily be met The dwelling space above would actually be approximately 8 from the property line with step walls for the roof This would meet the 15 set back for dwelling space from a neighbonng building if there was no pre -exiting vanance in place for my neighbor to the East/ rear property line My second hardship is with the city code limitation of 800 square feet for the accessory space below the dwelling unrt Opposed to the old code" that was in place the new code does not support designs that have curb appeal It is not my intention to be sarcastic but I am going to be blunt Ttre new code supports low ceilings and roofs with 4/12 pitches a building that looks like a box with a top In my opinion it also supports additional accessory buildings to hold things like bikes and lawn mowers because the garage is too small The old code supports pitched roofs and designs that are pleasing to the eye I am requesting a vanance to use the old code standard of 1000 square feet for the garage/ accessory building and 800 square feet for the accessory dwelling unit It will only have two garage doors and be extremely pleasing to the eye I believe the diagrams tells the story (see the diagrams (1 3 -1 6) 1 respectfully submit and appreciate the Planning Members consideration of this request Thank you for your time and attention Sincerely Todd Huntley PfLo'£K-T`.( / T/1c4.o sT— �S l ST` /tatt S.C.- /S fa' F 1 3o .0—ea-+r��''.� r ter` Co v6. 4114- / d S' Cll cf1 /,za NI-4" 54.-R-4-14 ( I Ct�ll� -CEriC. t' LE I.-.1) J r t fit { n? -''r r -...., •s.. 1.....C� 5....2.,-,. %U.,,,,,...r:a.l�- �.�.. .,1 L. t. fPti - — '' S% l 1 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R A var4 (+-ry•s G t �" 4 r.11r (J1 Jv b • T P KI t: - • ~_£ rG-_ 1 1 1. ▪ 1t 1 T i-I l �I �� I f� �i.Girp LIME{A•1� 1 4. • TNG tks Lla,@ r�tt. � L E- of \Si:7. P A \ e 1 11,ks,t. J \ ram' t (L,`JI / \-t. i TT° ' r (..._,,,,,,, \..( 1 .„.., _ ... 7"--Y 1- e,-- - CI, ____4-- .,_____„ i 1 NAcvcPn- 7t-it„ P /> A 2. F n. I C //uite Alt , /113;c c� o vt a 4 --2 L ,7J.. .-t `t y 1 \�J CuS+- - VececE. _LLD, t / 1" ( A CJ rJ tam r cvyE r�I�y Y j 1 1 H C C t ASV F �/ vl * r, - tl k ti e � vq 7� Y -- Lighting Plan Install up -light mg to luphtt Accent I gluing Front Entry Proposed ;ergots ,unto Path lighting along gar Up -I ghl ng al do twa Lighting m wafer leant Sodded areas and all other plan Dlmenssons on plan arc approx. Plant perenn nts in masses w th All proposed plantsart subject All areas not In turf nor Hardsc mulch Annuals to be provided by Owl Plan created asstmung no roam )6 wLOU5 A'V 1-I ID A Nor B Sno C Tea D Amt E Spn F Se G Fors H Red I Box J Mrst K Cla L Hyd M Sp! o Sp P Shn O Clet R Rho S Cho T Upn U Yew V J n! P Y Day Z Fen ea Hos bb one cc Peel dd nip Be AN r 1 wY a .49 if SOUTH ELEVATION Scale 1/4 = 1 0 EAST ELEVATION A2 / Scale 1/4 = 1 0 ,bzt�-C_2,i v4 1 1( NORTH ELEVATION A2 Scale 1/4 = 1 0 h C A-G—e— t4—N1 I S WEST ELEVATION Scale 1/4 = 1 0 b Po LA_ G o- y✓ )3���- lam«' f ?/-\ 1)co-sk f ! {' L 1 wR- POS� 14 i I W i 7 t n / I� c o r /\ 97EP V✓' cL`j orb K. r e. c J gpPRo� �jq Fr ; l 8 kt. is- - REQUEST FOR VARIANCE 1802 FOURTH STREET NORTH STILLWATER, MINNESOTA PARCEL # 2103020240016 SCHEDULED MEETING DATE: MONDAY, JUNE 13, 2005 PREPARED FOR: COMMUNITY DEVELOPMENT CITY OF STILLWATER PREPARED BY: ELIZABETH L. CROOKER POTENTIAL BUYER 651.307.9030 CELL • • • PLANNING APPLICATION REVIEW FORM CASE NO SUB/V05-33 Planning Commission Date June 13, 2005 Project Location 1802 North Fourth Street Comprehensive Plan District Single Family Residential Zoning District RA Applicants Name Elizabeth Crooker Type of Application Minor Subdivision and Variance Project Description Request to split a 17,250 square soot corner lot into two Tots of 8,625 square feet (required - 10,000 square feet) Discussion The request is to split an existing lot of 17,250 square feet into two lots of 8,625 square feet each The lot size requirement for the RA, Single Family District is 10,000 square feet This request does not meet the lot size requirement Lots in the area are large lots of at least 10,000 square feet No special reason or physical site condition has been presented to justify the request Recommendation Denial 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/Site Plan/Elevation Drawings • • • Community Development Department City of Stillwater 216 North Fourth Street Stillwater, MN 55082 May 27, 2005 To Whom It May Concern The enclosed documents represent the necessary matenals to accompany an application for a variance on the lot located at 1802 North Fourth Street m Stillwater I respectfully request that the Planning Comnssion consider granting a variance to allow the parcel number 2103020240016 to be split into two individual residential home sites By dividing this parcel into two separate building lots, the northern portion would require a variance, as it will total 8,625 square feet falling short of the required minimum of 10 000 square feet The proposed house plan, however, will meet all setbacks and drainage requirements The architectural style and landscapmg plans of both homes will contribute positively to the already beautiful and nostalgic Stillwater neighborhood My hope is that you will find all of the pertinent mformation needed to make the educated decision to grant this vanance I will then precede forward with a licensed General Contractor to have my personal home constructed and a timely and professional manner If you have any further questions after evaluating this request, please don't hesitate to call I would be happy to provide any additional information you may need on or prior to the Planning Commission meeting on Monday, June 13, 2005 Thank you for your consideration erely, Eh .. i') L Croo 651 3 i 9030 cell 651 430 8192 home • • • PLANNING ADMINISTRATION APPLICATION FORM COMMUNITY DEVELOPMENT DEPARTMENT CITY OF STILLWATER 216 NORTH FOURTH STREET STILLWATER MN 55082 Case No Date Filed Fee Paid Receipt No ACTION REQUESTED Special/Conditional Use Permit Vanance Resubdivision Subdivision` Comprehensive Plan 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 engmeenng fees. The applicant is responslb/e for the completeness and accuracy of all fonns and supporting material submitted in connection with any application All supporting matenal (1 a, photos, sketches, etc) submitted with application becomes the property of the City of Stilwatier Sixteen (16) copies of supporting material is required If application is submitted to Uie City Council, twelve (12) copies of supporting material rs required A site plan is required with applications. Any incomplete application or supporting matenal will delay the applca6on process. PROPERTY IDENTIRCATION Address of Project 1802 Cou.fl-h('Qek Assessor's Parcel No 210CV-0 24001(0 (GEO Code) Zoning District'prnili Description of Project NJ i#o✓rte. Co 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 I will comply with the permit f►t is granted and used " Property Owner Scot l- t\-4 Z-iI-J KP-r" Representative E.,1k7 L �ooke.i� Mailing Address -PO '-1 city - state -ZipE'.IIhX Mrs SSaS2-. Telephone No Signatu Marling Address 231 I ,i-d S-4re� 1J04 City - State - Ziptl1wohQjr M SS 0SQ._ l 503 I Telephone No ('51 4z e c Signature (Signature is requir Lot Size (dimensions) r75 x 115 Land Area 8, to 25 Height of Buildings Stones Pnnapal Z. Accessory d) (Signature is required) SITE AND PROJECT DESCRIPTION Total Building floor area ( 4150 square feet Existing square feet Feet Lep Proposed --- square feet Paved Impervious Area t(p00 square feet (awo, No of off-street parking spaces 4 • • • Variance Request for 1802 Fourth Street North The Site Plan ■ It is proposed that the north side of the lot be split into a 75 x 115 foot parcel, totally 8,625 total square feet • While this does not meet the 10,000 square foot mimmum in this neighborhood, it does exceed the minimum square footage of 7,500 square feet, which is what is required m many other areas of downtown Stillwater • Splitting the lot and building the proposed house plan will meet the required setbacks Required Setback Setback with Proposed Plan Front Yard 30 30 Rear Yard 25 25 Side Yard — house side 10 21 Side Yard — garage door side 10 30 * A detailed drawing of the setbacks is shown on the pages following Upon your approval of this variance, Pioneer Engineering will professionally prepare a survey • The attached garage will be placed directly behind the house, so that the view of the garage will be at a mimmum from the street • The driveway will be paved and offer ample turn around space near the garage entrance • The structure currently being completed on the southern portion of this property would not compromise the required setbacks, if this vanance were to be granted • Coon Rapids Office 201 85th Avenue N W CiViLENOINEPRS LANDSURVCYORS LANDSCAPE ARCIRITCTS Coon Rapids MN 55433 LAND PLANNERS (763) 783 1880 Fax 783 1883 Coon Rapids Office EXISTING HOUSE Certificate of Survey for 867 4 if- T2e_Bo2.1 CROIX CIIST58575 HOMES. INC House Address 1802 North 4th Street 0 70,4,nID IP 861 3 865 8 x 882 0 EXISTING HOUSE TOP OF BLOCK- 886 5 885 3 878 8 er-- ) 879 6 S 882 2 10 00 884 7 10 ASH 8818 884 9 x 884 8 x 884 4 UNE PARAU EL MAiN SOUTH UNE_ j OF NW QUARTER OF SECTION 21 PISNEERengineering N88°52'54"E 115.00 869 2 865 7 1 867 3 SET IP 20 COTTON 8734 f x 871 II 10 MAPLE 878 8 10 00 2800r4 O Q GARAGE I 28 *48 DRIVEWAY 3 S% 6 CEDAR x8648 UNE PARAUEL WITH SOUTH UNE OF NW QUARTER OF SECTION 21 24 VALLOW x869 8 877 4 67 3 -r,,) �j 40 00 t 1 rvi I PROPOSED HOUSE gliI9 WALKOT g 77 5r40 00 878 4 OE IDECK9 24 VNLLOW 866 7 x 869 5 $ 880 6 r 86L96Q 871 8 2500 7 872 1 T3 30 PP 869 3 11 TC spy 869 0 CC9 5 TC70 ° L►J tip 0 - to r 0 8828 551 5 8809 8797 98 987784 25 yT 875 5 �MiE11L EXISTING FOUNDATION I I (UNDER CONSTRUCTION) I (TO BE REMOVED) -# y 0 8 9 877 1 11500 S88°52'54"W x 877 8 876 4 0 876 1 26 MAPLE 12 SPRUCE 875 4 v PP 9, i 872 3 TC 30 Mendota Heights Office 2422 Enterpnse Dnve Mendota Heights MN 55120 (651)681 1914 Fax 681 9488 4- 9 BENCHMARK TOP OF PIPE EL - 876 37 — Point of Beginning TIC —``�`_ South line on the Northwest Quarter o1f Southeast Corner of the W. POPLAR ST. Section 21, Township 30, Range 20 Northwest Quarter of Section 21 (Not In place) Notes Denotes Existing Tree 1 No title commitment was furnished for this property sEi.o Denotes Existing Well 2 Subject to all easements of record. If any o Denotes Existln Service 3 Existing foundation and garage located on property are to be removed g 4 House placement per owner .5RVID" Denotes Existing Telephone Box 5 Field verify sewer Inverts prior to excavation ea Denotes Existing Catch Basin 8 Elevations shown are based on city datum (7NH Sycamore & 4th v Denotes Existing Power Pole Street Elevation 884 95) x 000 0 Denotes Existing Elevation %COD Denotes Proposed Elevation Denotes Drainage Flow Direction — — Denotes Drainage & Utility Easement (per recorded plot) PROPOSED BUILDING ELEVATIONS Lowest Floor Elevation 87Y Z Top of Foundation Elevation 8 879 Garage Slob Elevation 892 S (at door) Denotes Offset Iron Bearings shown are assumed NOTE Contractor must verify all dimensions & driveway design NOTE Driveways are shown for graphic purposes only final driveway LEGAL DESCRIPTION (supplied by owner) design and location will be determined by contractor All that part of the South Half of Northwest Quarter of Section 21, Township 30, Range 20, described as follows Commencing at a point on the East line of said Northwest Quarter 30 feet North of the Southeast comer thereof, thence North on said East line 150 feet. thence West on a line parallel to the South line of sold Quarter Section 115 feet, thence South on a line parallel to said East line 150 feet, thence East on a line parallel to said South line of said Quarter Section 115 feet to place of beginning We hereby certify to Croix Custom Homes Inc that this survey plan or report was prepared by me or under my direct supervision and that I am a duly licensed Land Surveyor under the laws of the State of Minnesota Dated this P+U day of .ocNa'+' A D , 2005 Signed PIONEE GINEERING, P A 2646 Scale: j, nc - 30feet 204434 001 JPS BY Loow• -a Terrence E Rothenbocher L S Reg No 20595 Thomas R Balluff L S Reg No 40361 • • • 4.4 RNln Drivc Suttc 102 Hudson `X'isconsir )4016 1) 7 r)). 888 8)8 808) v,rwwhirtm;nhornernc corn 44, S-1-0 N\0,-44,_ I he «bovc terns are b prtc nt., in / arc +ttb/c c t to c t mgt. pc nJttr,Q r nal c onttuct tilt n iru c I) Itc .967 903ci) PURCHASE AGREEMENT This form approved by the Minnesota Association of REALTORS®, which disclaims any liability arising out of use or misuse of this form 2002, Minnesota Association of REALTORSO Edina 11 • RECEIVED OF E l t zaWk._ Le-e. 0.,roolK 4 1 Date 5/z.0105, 2 Page 1 of 4/ 5 the sum_of ©t��-hou�.�c9m^' i ��� Dollars (5 8 CHECK CASH 1 NOTE as earnest money to be deposited upon acceptance of Purchase Agreement by all parties, on pingo ate 7 befbre the third business day after acceptance, In the trust account of listing broker but to be returned to Buyer If Purohar 8 Agreement Is not accepted by Seller 9 id earnest money le part payment for the purchase of the property located 9 Street Address' I P)Z 4,441 �-f Q- k, 10 City of r 11 LOc +Da'' , County of (. .Ll1l. n ' kt_ State of Mlnnesol 11 Legally described as . QL T--2J MOP' -03.) 484.-0_R0 f S N/vn%V4 S2JTao R2.0 12 17 .. 18 19 AT1AGNED earpc 20 personal property 21 • > ,. rnterewave_ovener h r , ND the follow!! 22 23 all of which property Seller has this day agreed to to Buyer for sum of ($ o n 0 24 oils! which Buyer agrees to pay In the following manner Earnest money of $ end-$ eaeh- —the date e—elostrfg, era, 27 th 2 of $ 132., D�2).- by financing In accordance with the attached addendur FHA DVA Assumption Contract for Deed Purchase Money Mortgage Otter Otte la that apply) 29 This Purchase Agreement IS ject to a Contingency Addendum for sale of Buyer's property (If answer le IS see attached addendum 30 (If answer Is 18 NOT, the dosing of Buyer's property, If any may still affect Buyer's ability to obtain financing 1f financing Is applicable ) 31 This Purchase Agreement 1 —( 32. This Purchase Agreement 18 33 Buyer has been made aware of the onfiabllity of property Inspecfona Buyer elects' declines to have a property Inspection perfumed at e are)-- rmBuy experts Ject to cancellation of a prevlduey written Purchase Agreement dated 34 Tills Purchase Agreement 18 / subject to a Vacant Land Addendum (If answer Is 18 see attached addendum subject to an Inspection Addendum (If answer le 18 see attached addendum 35 DEED/MARKETABLE TITLE Upon performance by Buyer Seller chaff deliver a INhrranty Deed or Other cbdr os}-- Dee 38 joined In by spouse, If any, conveying marketable title subject to 37 (A) Building and zoning laws, ordinances, state and federal regulations (B) Restrictiontk relating to use or Improvement of th 38 property without effective forfeiture provisions, (C) Reservation of any mineral rights by the State of Minnesota, (D) Utility an 39 drainage easements which do not Interfere with existing Improvements (E) Rights of tenants as follows (unless specified n 40 subject to tenancies) 41 (F) Others (Must be specfled In vnithlo 42. BUYER SHALL PAY 1(ELLER SHALL PAY on date of closing any deferred real estate taxes (I e Green Acres etc) or spec' ads ono 43 assessments, payment of which is requlrod as a result bf the closing of this sale S BUYER AND SELLER SHALL PRORATE A8 OF THE DATE OF CLOSING SELLER SHALL PAY ON DATE OF CLOSING (aide ane` - 45 of special assessments certtfle 48 BUYER SHALL ASSUUMEs SELLER SHALL PAY . date of el wee an e reef estate taxes due and payable In the year of closing other special assessments levied as of the date of thls Agreemer II Instalimen 47 BUYER SHALL ASSUME !w, R HALL PROVIDE FOR PAYMENT OF eclat assessments pending as of the date of this Agreemel 48 for Improvements that have been ordered by any assessing authorities (Seller's provision for payment shall be I: 49 payment Into escrow of two (2) times the estimated amount of the assessments, or leas as required by Buyer's lender ) 50 Buyer shall pay any unpaid special aeeessmente payable In the year following dosing and thereafter, the payment of which le not otherwls 51 herein provided 52 As of the date of this Agreement, Seller represents that Seller HAS AS NOT ecelved a notice regarding any new improvemer 53 project from any assessing aythorltlee, the costa of which project may be assessed against the property Any such notic 54 received by Seller after the date of this Agreement and before closing will be provided to Buyer Immediately If notice of a pendin 55 special essment Is Issued after the date of this Agreement and on or before the date of closing, Buyer shall assume payment c 56 ALL / ONE OTHER i of any such special assessments, and Seller shall provide for payment on date c •ctosI , NONE !OTHER Ofe)-._ of any such special assessments If such special assessment 58 or escrow amounts for said special assessments es required by Buyer's lender shall exceed $sO,0 CJ'') OD then elthe 59 party may agree In writing on or before the date of closing to assume, pay or provide for the payment of such excess In the absence c 80 such agreement, either party may declare this Purchase Agreement null and void the parties shall Immediately sign a cancellation c 81 Purchase Agreement and all earnest money paid hereunder shall be refunded to Buyer RAI PA-1 11111111 PURCHASE AGREEMEN 82 Page 2 83 TITLE 8 EXAMINATION Within a reasonable time after acceptance of this Agreement Seller shall provic evidence of title, which shell Include proper searches covering bankruptcies, state end federal judgments and Ilen and levied and pending Special Assessments to Buyer or Buyer's designated title service Provider as follow 88 If property is abstract, Seller shall provide either (1) a commitment for an owner's policy of title insurance on a curre 87 ALTA form Issued by an Insurer licensed to write title Insurance In Minnesota Seller shall pay the cost of an owner's policy Including tt 88 entire premium, title examinetfon fee and the costs of evidence oftltle for such tine insurance policy if no lenders policy is obtained, or on 89 the additional cost of obtaining a simultaneously Issued owner's policy if a lender's policy is obtained (Buy' 70 shell pay the premium and the title examination fee for the lender's policy), or (2) an abstract of title certified to dat 71 Seller shall pay for all abstracting fees and surrender any abstract In 8ellets possession or control to Buyer et closing 72 1f property is Torrens, Seller shall provide et Buyer's option and request, either (1) a Registered Property Abstre 73 (RPA) certified to date, or (2) a commitment for an owner's policy of title insurance on a current ALTA form issued t 74 an insurer licensed to write title Insurance In Minnesota Seller shall be responsible to pay, under either option, on 75 those costs necessary to prepare the RPA or commitment Buyer shall, at buyer's option pay for either the Attorney 78 Opinion or the title insurance premium and examination fee 77 Seller shall use Seller's beat efforts to provide marketable title by the date of closing In the event Seller has ni 78 provided marketable title by the date of closing Seller shall have an additional 30 days to make title marketable or 79 the alternative, Buyer may waive title defects by written notice to the Seller In addition to the 30 day extensoor 80 Buyer and Seller may by mutual agreement further extend the closing date Lacking such extension, either part 81 may declare this Purchase Agreement null and void, neither party shall be liable for damages hereunder to the othi 82 and earnest money shall be refunded to Buyer, Buyer and Seller shall immediately sign a cancellation of Purchas 83 Agreement 84 SUBDIVISION OF LAND If this sale constitutes or requires a subdivision of land owned by Seller, Seller shall pe 86 all subdivision expenses and obtain ell necessary governmental approvals Seiler warrants the legal description c 0 the real property to be conveyed has been or will be approved lbr recording as of the date of closing Seller warrant that the buildings are or will be constructed entirely wthin the boundary tines of the property Seller warrant 88 that there Is a right of access to the property from a public right of way These warranties shall survive the delivery c 89 the deed or contract for deed 90 Seller warrants that prior to the closing, payment In full will have been made for all labor materiels machined 91 fixtures or tools furnished within the 120 days Immediately preceding the closing in connection with constructior 92 alteration or repair of any structure on or Improvement to the property 93 Seller warrants that Seller has not received any notice from any governmental authority as to condemnetlo 94 proceedings, violation of any law, ordinance or regulation If the property is subject to restrictive covenants, Sells 95 warrants that Seller has not received any notice from any person or authority as to a breech of the covenants An 98 such notices received by Seller will be provided to Buyer immediately 97 Seller agrees to allow reasonable access to the property far performance of any surveys or inspections agreed to herein 98 RiSK OF LOSS If there Is any loss or damage to the property between the date hereof and the date of closing for any reason Inoludinl 99 fire vandalism flood earthquake or not of God, the risk of loss shall be on Seller If the property is destroyer 100 or substantially damaged before the closing date, this Purchase Agreement shell become null and void a 101 Buyer's option, end earnest money shall be refunded to Buyer Buyer and Seiler shell immediately sign i 102 cancellation of Purchase Agreement. 103 TIME OF ESSENCE Time is of the essence in this Purchase Agreement 104 ENTIRE AGREEMENT This Purchase Agreement any attached exhibits and any addenda or amendments signer 105 by the parties shall constitute the entlre%agreement between Seller end Buyer, end supercedes any other written o 108 oral agreements between Seller and Buyer Thla Purchase Agreement can be modified or canceled only in writing signed lox 0 Seller end Buyer or by operation of law All monetary Sums are deemed to be United States currency for purposes of this agreement Buyer or seller may be required to pay certain closing costs which may effectively reduce the proceeds from the sale or increase the cast 109 outlay at closing 110 ACCEPTANCE Buyer undo nds and agrees that this Purchase Agreement Is subject to acceptance by Seller In writing The deliver) 111 of all papers and monies shell a made at the listing broker's office 112 DEFAULT If Buyer defaults In any of the agreements herein, Seller may terminate thls Purchase Agreement, and payments mods 113 hereunder may be retained by Seller as liquidated damages If this Purchase Agreement Is not sc 114 terminated, Buyer or Seller may seek actual damages for breach of this Agreement or specific performance of this 116 Agreement and, es to specific performance, such action must be commenced within six months after such right o' 118 action arises 117 NOTICE REGARDING PREDATORY OFFENDER INFORMATION Information regarding the predatory offender registry 118 and persons registered with tl)e predatory offender registry under Minnesota Statutes section 243 188 may be obtained by contacting the local law enforcement) offlces In the community where the property Is located or the Minnesota Department of Corrections at (651) 842-0200, or IPom the Department of Corrections web site at www corn state mn us MN PA-2 (8102) 123 Buyer shaft p AA 24 Seiler shall past PRORATED TO DAY OF CLOSit 12ths, ALL, NONE real estate taxes due and payable in the year 20(D5 If V ram+ arm Millr25 closing date Is changed, the real estate taxes pe 128 payable In the year ..sio 1"will be FULL -PART 127 Seller agrees to pay Buyer at closing $ -B^ 128 toward the non -homestead real estate taxes Buyer agrees to pay any remaining balance of non-homesteed taxes when they bacon 121; due end payable Buyer shall pay reel estate taxes due and payable In the year following dosing end thereafter, the payment of which 130 not otherwise hereln provided No representations are made concerning the amount of subsequent real estate taxe 131 POSSESSION Seiler shall deliver possession of the property not later than after closini 132 Ail Interest, homeowner assodatton dues, rents fuel oil, liquid petroleum gas and all charges for city water, dty sewer electricity er 133 natural gas shall be prorated between the parties as of date of closing Seller agrees to remove ALL DEBRIS AND ALL PERSONP 134 PROPERTY NOT INCLUDED HEREIN from the property by possession date 130 ENVIRONMENTAL CONCERNS To the best of the Seller's knowledge there are no hazardous substances or underground storag PURCHASEn,AGREEMEN eL 121 Address IRy 14 gt'.Ik�a.4n it\J 122 Page 3 Date 5/20/D *12ths, ALL, NONE real estate taxes due and payable In the yearn )b5 138 tanks, except herein noted 137 731EMLLER WARRANTS THAT THE PROPERTY IS EITHER DIRECTLY OR INDIRECTLY CONNECTED TO 139 CITY SEWER AYES 0 NO / CITY WATER 0 YES 0 NO 140 LER / BtRGR /YETO PROVIDE VI8ITER QUALITY TEST RESULTS IF REQUIRED BY GO ERMNG AtfrHURITY AND/OR LENDEi Id ell, 11 prorated be adjusted to the new closing date. Seller warrants taxes due ar ON- omestead classification If part or non -homestead classification le circlet S 141 - ELDER / BUYER AGREES E�REQUIRED BY THE TERMS OF TH RCHASE AGREEMENT OR BY GOVERNINI 142. AUTHORITY AND/OR LENDER, A LICENSED iNSP tIC SYSTEM INSPECTION REPORT OR NOTICE INDICATING 1 143 THE SYSTEM COMPLIES WITH APPLICABLE REA OTICE- A VAUD CERTIFICATE OF COMPLIANCE FOR TH , 144 SYSTEM MAY SATIBFYTHiS OBLIGATION.INa IN LINES 141 TO LL OBLIGATE SELLER TO UPGRADE, REPAIR 01 146 REPLACE THE SEPTIC 8 UNLESS OTHERWISE AGREED I8 PURCHASE AGREEMENT BUYER HAS RECEIVE LL DISCLOSURE STATEMENT OR A STATEMENT THAT NOW ON THE PROPERTI AND A SE M DISCLOSURE STATEMENT OR A STATEMENTTHAT NO SEPTIC SYSTEM EXISTS O R-BERVEB THI 148 . AS REQUIRED BY MINNESOTA STATUTES 14 ELLER WARRANTS THAT CENTRAL AIR CONDITIONING, HEATING, PLUMBING AND WRING SYSTEMS USED AND LOCATED ON 160 SAID - - , - RTY WILL BE IN WORKING ORDER ON DATE OF CLOSING, EXCEPT AS NOTED IN THIS AGREEMENT 161 BUYER HAS t: HT TO A WALK-THROUGH REVIEW OF THE PROPERTY PRIOR TO CLOSING TO ESTABUet4'THAT THI 152 PROPERTY 18 IN SUB = Y THE SAME CONDITION AS OF THE DATE OF PURCHASE AGREEMEN TELLER AGREE! 153 TO NOTIFY BUYER IMMEDIA WRITING OF ANY SUBSTANTIVE CHANGES FROM Ably-PFOR REPRESENTATION! 164 REGARDING THE PHYSICAL CONDITI a = E PROPERTY 166 BUYER ACKNOWLEDGES THAT NO ORAL REPRESE • • 158 WATER IN BASEMENT, OR DAMAGE CAUSED BY WATER OR I 157 SOLELY IN THAT REGARD ON THE FOLLOWING STA BY SELLER S HA - ' MADE REGARDING POSSIBLE PROBLEMS OF P ON ROOF OF THE PROPERTY AND BUYER RELIE; 168 SELLER HAS / HAS NOT HAD A one) ---- ENT AND HAS / HAS OT WALL HAD ROOF LL OR C •ti • r CAUSED BY W,QTEF -�didls 159 OR ICE BUI ER HAS 1 I AS NOT RECEIVED A SELLER'S PROPERTY DISCLOSURE STATEMENT MOM BUYER HAS RECEIVED THE INSPECTION REPORTS, IF REQUIRED BY MUNICIPALITY 181 192 183 164 165 NOTICE Is Beliefs Agent / Buyer's Agent / Dual Agent / Facilitator we) e) (Licensee) ent / Buyer's Agent / Dual Agent / Facilitator (cprapenri THIS NOTICE DOES NOT SATISFY MINNESOTA STATUTORY AGENCY DISCLOSURE REQUIREMENTS 167 DUAL AGENCY REPRESENTATION 16 PLEASE CHECK INg OF THE FOLLOWING SELECTIONS 189 ❑ al Agency representattoi DOES NOTepply In this transaction Disregard lines 170-183 170 u` 0 DAge 171 Broker represents b 172 means that Broker and Its s 173 Interests, Broker and Its selesperso 174 transaction without the consent of both 175 (1) confidential Information communicate 176 unless Seller(s) or Buyer(s) Instructs 177 (2 Broker and its salespersons will not repr 178 (3) within the limits of dub! agency, Broker and 178 Wlfh the knowledge and understanding of th 180 salespersons to act as dual agphts In this action 182 presentation DOES apply In this transaction Complete the disclosure In lines Selter(s) and the Buyer(s) of the property involved In this transactio ns we fiduciary duties to both Sellers) end Buyers hlbited from advocating exclusively for er(s) and Buyers). Seller(s) and B Broker which regards r In writing t t anatlon eb Seller Seller Date 171-183 oh creates a dual agency This use the parties may have conflicting Broker cannot act as a duel agent in this adtnowiedge that close th s Infoor ormation toon buy information or sell will will bein n shared ntereet of elther party to the detriment of the other, and ,sons will work diligently to facilitate the mechanics of the eala Seller(s) end Buyer(s) authorize and Instruct Broker and Itd ►a,re► Buyer Date PURCHASE AGREEMEN 184 Address J O2.. ttesL tJ S#,dQQ uatti, PIN) 185 Page 4 Date 5/20 /O5 1 ACKNOWLEDGE THAT I HAVE RECEIVED AND HAD THE OPPORTUNITY TO REVIEW THE ARBITRATION DISCLOSURE AN! 187 RESIDENTIAL REAL PROPERTY ARBITRATION AGREEMENT r 188 SELLER(8) BUYER(8) 189 8ELLER(8) BUYER(8) 190 OTHER Oche COV141101 6+t- vtc- — G!an+G , 40 &kr& teif Loi- toil/ ba. 84 (o2. sr o),2-6(42'amd W ) eg 75 f x //5 �t 192 i ' IA-Ya4 CAA'4Gv0 GAS c(de.Qot n3 ac 193 cuid t cvLa. stuAgd cx46 fro 191 194 '_-I l� 'PreQ.6 bits— SloopfO imQ.,-$2S,boo R., f f QQp mr Q LefL, 95 Attached are other addenda which are made a part of this Purchase (Enter total number of pages of this Purchase 196 Agreement, Including addenda on line 2 of page 1) 197 200 I, the owner of the properly, accept this Agreement and authorize the Ilsthg broker to withdraw said property room the market, unless Instruct herwise In writing 1 have reviewed ail pages Agreement. 201 X (Seller's Signature 202. X (Seller's Printed Name) 203 X (Date) (Social Security Number - optional) 204 X 1 agree to purchase the properly fertile price and In accordance with the terms and conditions sat forth above. I have reviewed all pages of this Purchase Agreement °VI r /20/05 (Date) x Ell zed lk, La_Q_. Cry_ (Buyer's Printed Name) (Marital Statue) (Social Security Number - optional) (Seller's Signature) 205 X (Marital Status) (Date) (Buyer's Signature) (Senses Printed Name) 208 X 208. 209 • (Date) (Buyer's Printed Name) (Social Sectrfty Number - optional) (Merftal Status) (Social Security Number - optional) FINAL ACCEPTANCE DATE THIS 18 A LEGALLY BINDING CONTRACT BETWEEN BUYERS AND SELLERS IF YOU DESIRE LEGAL OR TAX ADVICE, CONSULT AN APPROPRIATE PROFESSIONAL (Marital Status) MN PA-4 (8102) • • • Proposed New Home Plan on North Portion of Lot: 1802 Fourth Street North The Construction Process a Home will be built b Hartman Homes, a licensed General Contractor with over thirty years of expenence in building custom homes • Building Construction agreement has been signed and is contingent upon the approval of this variance • Total project timeline from excavation will be no more than 4-1/2 months, as to minimize any inconvenience to current neighbors The Site Plan • Any disturbed green space (due to construction) will be restored • A landscape plan implemented pnor to the end of the first landscape season • The driveway will be pave immediately weather pen -rutting Exterior Considerations of Proposed Structure • Umque design, which offers a histonc architectural extenor remimscent of the area • Landscape plan offers clean, manicured green spaces • Attached garage is located in back of house and is barely visible from Fourth Street North • Extenor products include maintenance -free extenor siding or Hardie board, Andersen Windows and Timberline shingles • 1 �/' .1._.�± r7 , s 1 • • • • 4ftlistO Zv4 IVER VALLEY LAWNSCAPE, INC 3399 So Service Dr • HWY 61 N • Red Wing MN 55066 (651) 388 7000 • Toll Free 1 888 388 7002 email jenniparry@hotmail com Jennifer Parry, Designer LANDSCAPE SPEC Awl NG IN CO J^RnF RE ,WING WA L., At C PAVINC BRICK, vr- - .t ', P E -4O." .J I bTAL.ATKJI FULL SE:✓ICF LAM & L_ANDSCAPc CO SINCE 1982 Conceptual Landscape Plat for Elizabeth L Crooker Property Location north side of 1802 North Fourth Street, Stillwater Lot Size 75 x 115 Common Name Thornless Hawthorn Prainfire Crabapple Mugho Slowmound Pine Dwarf Blue Globe Spruce Autumn Magic Chokeberry Fairy Dust Lilac Walker's Low Nepeta Little Bluestem PLANT LIST - FOUNDATION PLANTINGS Scientific Name Crataegus crusgalli var inermis Malus 'Pramfire' Pmus mugo 'Slowmound' Picea pungens 'Globosa' Aroma melanocarpa 'Autumn Magic' Syrmga Baildust' Nepeta x 'Walker's Low' Schizachynum scopanum Ht Sprd Seasonal Interest 20 15 Showy red fruit m fall 20 16 Bright rose flowers m sprmg 3 3 Moundmg, dark green 4 5 Blue-green, compact evergreen 5 3 White flowers, purple -black bemes 5 5 Fragrant, pale blush pink flowers 24 24 Blue -purple spikes of flowers 36 15 Red orange fall color Size Qty #20 1 #20 1 #5 3 #7 3 #2 5 #2 3 #1 14 #1 11 • • • • • s THE FIRS ru�oru�t. s� NEW RICHMOND OFFICE IN NEW RICHMOND • SOMERSET HUDSON May 27, 2005 Elizabeth Crooker 231 3rd St N Stillwater, MN 55082 Dear Elizabeth, Please be advised that you have been Pre -Approved for a loan to purchase the property located at 1802 North 4th St Stillwater, MN 55082 This correspondence is not to be construed as a formal approval of your loan Approval is subject to satisfactory completion of the venfications, satisfactory appraisal of collateral property, and marketable title to the collateral property If you have any questions, please call me (715)381-7129 Thank you for the opportunity to assist you with your home financing Sincerely, Eric Tostrud Mortgage Loan Officer Member FDIC 109 East Second Street P 0 Box 89 New Richmond WI 54017 / (715) 246 6901 1 800 514 3412 531 Main Street P 0 Box 490 Somerset WI 54025 / (715) 247 4501 744 Ryan Dnve P 0 Box 126 Hudson WI 54016 / (715) 386 9301 • • • HARTMAN BUILDING CONSTRUCTION AGREEMENT BUYER This agreement made this 20th day of May 2005 between Elizabeth L. Crooker shows address as 231 Third Street North Stillwater, Minnesota 55082 hereinafter, called the "owner" and Hartman Homes, Inc. hereinafter called the "contractor". LEGAL DESCRIPTION 1. In consideration of the covenants and agreement herein contained, the owner (being owner of or perspective owner of) or (who is acquired title to) the following described building site: North section of 1802 North Fourth Street Stillwater, Minnesota hereby agrees to employ the contractor to construct on said building site a custom home described as according to plans and specifications which are incorporated as part of this contract by reference. BASE PRICE ALLOWANCES 2. Base Price of building AIMPIONOMB dated 5-20-05 The following are the allowance items provided for this agreement. Allowances are subject to adjustment upon completion of the particular work involved. When the final costs are received on Allowance items, should costs exceed allowance, owner shall pay the difference in cash upon the contractor's billings. Should costs be less than allowance, owner will receive credit for the difference which will be matched against any outstanding bills, or given back to him at the time of closing. All bills for extras and allowances will be due before the final closing. ALLOWANCE S : BUILDING PERMIT COSTS: $ 4600.00 EXCAVATION/TREE REMOVAL: $ 4500.00 CARPET & PAD:($23.85/YD) $ 5100.00 CERAMIC TILE FLOORS: (Apx. $4-$4.5/sqft) $ 2350.00 TUB ALLOWANCE: $ 3000.00 APPLIANCES: $ 4000.00 CABINETS AND COUNTERTOPS: $ 6600.00 LIGHT FIXTURES: $ 1800.00 FIREPLACE ALLOWANCE $ 2600.00 DRIVEWAY $ 2000.00 TOTAL ALLOWANCES: $36,550.00 Page 1 of 7 744 Ryan Drive Suite 102, Hudson, Wisconsin S4016 • (715) 377-1555 • Fax (715) 377-1990 • www.hartmanhomesinc.com • CHANGES PAYMENTS • CONSTRUCTION PAYMENTS • HARTMAN 3. No changes in the plans and specifications are to be made except under written order prior to changes being made, signed by owner and contractor setting forth a detailed description of the change, addition or deletions and the cost, or credit, therefore. Any additional cost shall be paid for in advance. Any changes, alterations, or extras from the plans or specifications, which may be required by any public body or inspector, which increases cost, shall constitute an extra and shall be paid by owner, and shall not require written approval from owner as stated above. 4. Total contract price of shall be paid in installments, which reflects work that has been completed. Owner shall receive credit against the agreed contract price for labor and materials to be performed and supplied by owner as follows. TOTAL WORK CREDITS $ 00.00 Owner agrees to perform the labor and furnish materials as set forth above within the scheduled time provided by Hartman Homes, Inc., or to provide escrow for unfinished work. Work shall be performed in a manner acceptable to the Builder and appropriate inspecting authorities. If owner does not perform the work as heretofore stated, contractor is authorized to have work completed utilizing the escrowed funds. 5. The owner shall make or authorize payment to the contractor within 3 days after the receipt of each progress payment request provided for above. Contractor shall furnish proper waivers of lien to the escrow agent or lender, if required to the extent of the progress payment authorized. FINANCING 6. If financing is required, this agreement is contingent upon the owner, of contractors on owner's behalf, securing a mortgage. If such financing commitment cannot be obtained within 30 days from the date hereof, then either party may rescind this agreement in writing and all monies paid hereunder shall be refunded to the owner less out-of-pocket expenses occurred by contractor in attempting to obtain such financing such as survey credit report, various required tests and special plans and specifications requested by the owner. Owner agrees to sign all mortgages at the time of closing and thereafter authorize disbursement of proceeds from same as provided in paragraph three (3) therein. ESCROW 7. In the event no financing is required, parties agree that the total contract price shall be deposited with an escrow agent or banker selected mutually by owner and contractor and that withdrawals shall be made by the contractor as agreed, or proper presentation of lien waivers. Both owner and contractor will sign withdrawals. Page 2of7 744 Ryan Drive Suite Ioz, Hudson, Wisconsin 54016 • (715) 377-1555 • Fax (715) 377-1990 • www.hartmanhomesinc.com • • • HARTMAN DEFAULT PRIOR TO START OF CONSTRUCTION 8. Should the owner fail to carry out this agreement, all monies paid hereon shall, at the option of the contractor, be forfeited as liquidated damages, except for inability to secure financing as set forth in paragraph (4) herein. FINANCING OR CLOSING DELAY 9. The price provided for in this contract shall remain in full force and effect only if the financing heretofore referred to above is closed as provided above, time being of the essence in the event said financing is not closed on or before this date, contractor gains the right to revise the price of this contract to cover any increased material and labor costs. If such increase is not consented to by the owner, contractor at his option, cancel this contract. INSURANCE 10. The contractor shall, prior to commencement of the work and until full payment is made to contractor, keep the building insured with risk coverage against the loss or damage of fire, windstorm and all other hazards, including vandalism, theft and basement collapse, in the name of the owner and the contractor as their interests appear. The contractor will insure his own interest in $500,000/500,000 Bodily Injury, $300,000 Property Damage, and Workmen's Compensation. VALIDITY OF LOT OWNERSHIP 11. Where owner is the owner of the lot, owner shall furnish to the Builder within ten (10) days after acceptance of this contract a copy of the deed restrictions and easements, if any. The owner shall submit evidence of valid title relating to this lot to the contractor within fifteen (15) days prior to closing. The owner shall hold the contractor harmless from any and all liability either to the owner or any other person or governmental body concerned if the owner fails to comply with the conditions of this paragraph. HEALTH NOTICE 12. Some of the building materials used in this home (or these building material) emit formaldehyde. Eye, nose, and throat irritation, headache, nausea and a variety of asthma - like symptoms, including shortness of breath, have been reported as a result of formaldehyde exposure. Elderly persons and young children, as well as anyone with a history of asthma, allergies, or lung problems, may be at greater risk. Research is continuing on the possible long-term effects of exposure to formaldehyde. Reduced ventilation may allow formaldehyde and other contaminants to accumulate in the indoor air. High indoor temperatures and humidity raise formaldehyde levels. When a home is to be located in areas subject to extreme summer temperatures, an air-conditioning system can be used to control indoor temperature levels. Other means of controlled mechanical ventilation can be used to reduce levels of formaldehyde and other indoor air contaminants. If you have any questions regarding the health effects of formaldehyde, consult your doctor or local health department. Page 3 of 7 744 Ryan Drive Suite 102, Hudson, Wisconsin S40I6 • (715) 377-1555 • Fax (715) 377-1990 • wwwhartmanhomesinc.com • • • HARTMAN START OF CONSTRUCTION 13. Contractor agrees to commence excavation of said building within 15 days after all contingencies beyond the control of the contractor, which may prevent commencement, are cleared. The contractor shall be the authority for the property usage, arrangement of fixtures, equipment and materials in accordance with recognized standards. Slight deviations from plans and specifications shall be construed as substantial compliance with this agreement. Said building shall be completed in good workmanlike manner in quality equal to the standards of the industry with 120 working days after date of commencement, except when contractor shall be prevented from commencing or completing such building by reason of change in plans or specification requested by the owner, other acts of the owner, strikes, weather conditions (including road restrictions), storms, lightning, hail, flood, or similar occurrences, damages caused by riot, civil commotion, vandalism, theft, war, fire, or any other conditions or occurrences whether similar to the foregoing or not which are not within the control of the contractor. In the event commencement or completion of the building is delayed by reason of any of the foregoing events occurring during the contract period by reason of such delay the cost of labor and materials are increased over original contract price, the increased cost shall be charged as an extra. Contractor shall notify owner of such increased cost at the time the increase occurs and upon Buyer's request shall furnish the owner with copies of invoices or other documentary evidence to verify such increased costs. SUPERVISION OF WORK REIMBURSEMENT 14. Owner agrees that the direction and supervision of the working forces, including subcontractors, rest exclusively with the contractor, and owner agrees not to issue any instructions to, or otherwise interfere with them. The owner shall at all reasonable times during working hours have the right to inspect the work. Contractor shall not be responsible for any injury to owner during said inspections. The owner further agrees not to negotiate for additional work with the subcontractors not to engage other builder or subcontractors except with the contractor's prior consent and in such manners as will not interfere with the contractor's completion of work under this agreement. 15. In no instance shall the owner be reimbursed for any excess ground removed from the described land nor shall contractor be required to move, store or replace topsoil or other surface objects. ABNORMAL BUILDING SITE CONDITIONS 16. In the event abnormal sub -soil conditions are encountered on the building site, in connection with the foundation and/or installation of sewer and water laterals, owner agrees to pay the additional cost of additional work. Owner also agrees to Page 4 of 7 744 Ryan Drive Suite 102, Hudson, Wisconsin 54016 • (715) 377-1555 • Fax (715) 377-1990 • wwwhartmanhomesinc.com • • • UTILITIES HARTMAN pay for removal of trees, providing fill or cutting to grade, dumping and the cost of rectifying any abnormal conditions. 17. The owner agrees that the water, gas and electric meter will be installed in his name; the owner agrees to pay for all utility and heating costs during construction if not set up as an allowance. Owner will furnish temporary electric services to building site if required by contractor. WORK STOPPAGE OR PAYMENT DEFAULT 18. If the work shall be stopped by the order of the owner, any court or public authority, although no fault of the contractor, or if the owner fails to make payments as herein agreed, contractor shall have the right to stop work or terminate this agreement and receive from the owner payment for all work performed together with reasonable profit on entire agreement price. POSSESSION AND OCCUPANCY 19. Physical possession of improvements to said real estate shall be deemed to have been surrendered by the owner to the contractor at the time the work is completed. The owner shall not be entitled to occupancy of said premises or any part thereof unless and until the aforesaid agreement sum, adjusted as to additions, deductions, and any other extras ordered by the owner during the time of this contract, if any, have been determined and paid in full. If the owner shall occupy the home prior to its completion and before final payments of monies due to the contractor under this agreement, the contractor, at his option, may construe such occupancy as acceptance of all the work performed by the contractor to such date, and the amount of the entire agreement shall become immediately payable less the amount of the contractor's cost to complete said work relieving contractor of further responsibility to complete said work; or if the owner shall take possession of the premises in derogation of the contractor's right thereto prior to payment in full of the agreement price adjusted as hereinabove set forth, Buyer shall become liable for payment to the contractor as liquidated damages for use and occupancy of said premises of not less than $150.00 per day and be charged with interest on unpaid balance at the maximum allow -able rate. Any disputes between parties shall go into mandatory arbitration. Owner shall be responsible for all attorney fees if needed to obtain any unpaid balance at time of closing. WARRANTY 20. The home constructed under this agreement shall be covered with a one-year service package. The contractor will also complete a service walk-through at the end of eleven months following the closing date. Page 5 of 7 744 Ryan Drive Suite 102, Hudson, Wisconsin 54016 • (715) 377-1555 • Fax (715) 377-1990 • wwwhartmanhomesinc.com • • • HARTMAN SPECIAL CONDITIONS 21. Special conditions: contractor reserves the right to substitute materials or methods as necessary. Any substitutions must meet or exceed local building codes, and the contractor warrants that such changes will not lessen the quality or performance of the product. Owner shall be notified of such changes. SEVERABILITY CONDITIONS 22. If any provision of this contract shall be declared invalid or unenforceable for any reason, the remainder of the contract shall continue in full force and effect. SUBJECT TO VARIANCE 23. Offer is contingent on property being granted appropriate variances, in order to be considered a viable residential building lot under normal building circumstances. Lot will be closed and permits applied for within three weeks of deed being recorded. Page 6 of 7 744 Ryan Drive Suite 102, Hudson, Wisconsin 54016 • (715) 377-1555 • Fax (715) 377-1990 • wwwhartmanhomesinc.com • • • HARTMAN BASE PRICE OF BUILDING DATED:5-20-05 $ FINAL AGREEMENT 24. This agreement expressed all agreements between the parties concerning the subject matter hereof supersedes all previous understandings relating thereto, whether oral or written, and shall be binding upon and shall insure to the benefit of the heirs, administrators, executors, successors and assignees of the parties hereof. LIEN NOTICE (A) ANY COMPANY SUPPLYING LABOR OR MATERIALS FOR THIS IMPROVEMENT TO YOUR PROPERTY MAY FILE A LIEN AGAINST YOUR PROPERTY IF THAT PERSON OR COMPANY IS NOT PAID FOR THE CONTRIBUTIONS. (B)UNDER MINNESOTA LAW, YOU HAVE THE RIGHT TO PAY PERSONS WHO SUPPLIED LABOR OR MATERIAL FOR THIS IMPROVEMENT DIRECTLY AND DEDUCT THIS AMOUNT FROM YOUR CONTRACT PRICE, OR WITHHOLD THE AMOUNTS DUE THEM FROM US UNTIL 120 DAYS AFTER COMPLETION OF THE IMPROVEMENT UNLESS WE GIVE YOU A LIEN WAIVER SIGNED BY PERSONS WHO SUPPLIED ANY LABOR OR MATERIAL FOR THE IMPROVEMENT AND WHO GAVE YOU TIMELY NOTICE. ACCEPTANCE BY OWNER/S Name ACCEPTANCE BY CONTRACTOR Accepted this trZ•t° Se." Date HARTMAN HOMES, INC BY Date President Date Page 7 of 7 744 Ryan Drive Suite 102, Hudson, Wisconsin 54016 • (715) 377-1555 • Fax (715) 377-1990 • www.hartmanhomesinc.com CREATE A PIECE OF HISTORY WITH THE HH VINTAGE COLLECTION The Vintage Collection incorpo- rates the historically significant Bungalow, Craftsman, Italianate, American Farmhouse and Classic Rambler with the most popular modern day luxuries. With options for exterior, finished square footage and interior design, each home can be unique to its individual buyer. Alternate exterior elevations are available for individuals choosing to build a home in a neighborhood where a similar home may already exist. hhc Vintage ('ollection plans arc propern of 1 lartman 1 Ionics and may not be reproduced. THE BUNGALOW An architectural revival is taking place across America with the Bungalow. Classically styled, Bungalows continually gain popularity because they are designed for "functional living". Rooms are arranged to reinforce family togeth- erness, cocooning, conversation and comfort with easy access to the yard, encouraging outdoor living. Bungalows are easily recognized by their dominat- ing roof lines, one story appearance, light and ventilation through many windows and pronounced porches for outdoor connection. Bungalows were built predominantly between 19oo-193o, in almost every state of the Union. Because they were the first homes to be "electrified," origi- nal fixtures were both hard -wired and plug-in. Lamps remained low powered to suggest the warmth of lantern light. The warmth continued through rich textured paint colors, hardwood or natural lami- nate doors and exposed wood beams on wrap around porches. SQUARE FOOTAGE: ;Plain Level: Upper Level: Total: 904 952 1856 Unfinished Basement: 904 Optional Bonus Room: 384 THE CRAFTSMAN Popularized at the turn of the zoth cen- tury by architect and designer Gustav Stickley, craftsman style is said to be "a house reduced to its simplest form...it's low, broad proportions and absolute lack of ornamentation gives it a charac- ter so natural and unaffected that it seems to blend into any landscape". Common features are overhangin eaves, a low gabled roof, wide front porches framed by pedestal -like tapered columns. Material often included stone, rough-hewn wood and stucco. Wide front porches across the front, support- ed by columns, are the finishing touch. As the Arts and Crafts movement was concerned with spiritual connectivity with one's surroundings...both natural and manmade...it made sense that the perfect home would compliment the environment and provide a space to cul- tivate inner peace away from the urban factories where many people worked. SQUARE FOOTAGE: Main Level: Upper Level: Total: 936 872 t8o8 Unfinished Basement: 936 Optional Bonus Room: 35z Optional Sun Room: 144 THE AMERICAN FARMHOUSE Early American explorer William Keating wrote, "the monotony of a prairie country impresses the traveler with a melancholy, which the sight of water, woods, etc. cannot fail to remove", in response to the open prairies and rolling hills of the unculti- d Great American Prairie in the eartland. Originally one room was built at a time, lived in, and others were added as lifestyle required. For this reason, the American Farmhouse provides an open floor plan where life can simply overflow into the next activity SQUARE FOOTAGE: Main Level: Upper Level: Total: Unfinished Basement: 976 Optional Bonus Room: 384 THE ITALIANATE Popularized by Andrew Jackson Downing in the 185o's, the Victorian Italianate style was extremely ornate and often painted with exterior colors that echoed the grass, rocks and trees of the surroundings. With long porches, tall windows and vibrant exterior coloring, these homes offer a wonderful facade. Another derivative of dreamy Victorian architecture, the Queen Anne (exterior option) is known for its asymmetrical facades, curved towers and porches, protruding bay windows, steeply pitched roofs and elaborate spindle work ornamentation. SQUARE FOOTAGE: Main Level: Upper Level: Total: 896 854 1750 Unfinished Basement: 896 Optional Sun Room: 256 Historical Note: When Walt Disney designed Main Street in Disneyland, he patterned his buildings off of Victorian architecture in order to create an accurate depiction of a marvelous, awe- inspiring 19th century small town. WHERE TO BEGIN.... PLAN AHEAD Clients come to HARTMAN HOMES with everything from initial thoughts on how many bedrooms and bathrooms they'd like to completed architectural designs of their dream home. We start by meeting one on one. These consultations are at no cost to you. We listen to your ideas and offer thoughts on areas we may best assist you in selecting a tangible plan you can call your own. Recommended timeline: the sooner the better! Three months prior to digging is an average LOT SELECTION Finding the lot that is right for you is a big decision! We are happy to visit your lot and offer suggestions on how to best position the home and garage to maximize views and natural light in the home. Lot reservations are then made compli- mentary for up to seven days (in most developments) so that you can acquire all the necessary information in order to make the best decision for you. Recommended timeline: minimum of two months prior to digging THE PRICE POINT Upon selection of your lot and your vintage home plan, HARTMAN HOMES will provide a final proposal taking into account all special features you have requested. This upfront approach allows you to work directly with the experts that will be accountable for building your home. From this point, contracts can then be signed, lots purchased, permits obtained and we dig in... Recommended timeline: minimum of three weeks prior to digging ENJOY THE EXPERIENCE Our Interior Designer will painlessly guide you through the selection process. Feed upon each others' creative juices and enjoy the process. Meantime, visit your lot often as we remain in constant communication with you. Enjoy! Recommended timeline: average build time is three to five months APPILY EVER AFTER.... HARTMAN HOMES stakes our reputation in making sure you love your home! Our staff will contact you one month and one year after the purchase of your home. Feel free to contact us periodically with any warranty or service questions. For your convenience, additional service information is even available on our web site 24 hours a day. 744 Ryan Drive, Suite 102, Hudson, Wisconsin 54016 715.377.1555 715.377.1990 fax • 888.858.8085 • wwwhartmanhomesinc.com .• THE HH VINTAGE COLLECTION, CREATE A PIECE OF AMERICAN HISTORY NCE UPON A TIME.... HARTMAN HOMES set out to create five classic plans as a ,culmination of exceptional features discovered in custom home building over the last twenty years. Combining the most talented of colleagues, plans were designed, estimated and critiqued to create what is now the HH Vintage Collection. Our Plan Criteria was this: • Encompass between 1500 and 200o square feet • Initiate architectural designs with historical relevance • Utilise building materials that meet the caliber of a Hartman custom home AREAS OF DISTINCTION • Raised elevation gives the home a prominent your property • Pronounced porches or portico offer hospitality • Bedrooms conveniently located on same level for peace of mind • Large master suites offer tranquil settings with oversized bath and walk-in closets • Functional mudrooms with laundry, located directly off of garage access • Spacious garage positioned to maximize your lot Classic, custom wood exterior door to maintain historic feel • Authentic hardware accents throughout the home stance on VINTAGE COLLECTION DETAILS EXTERIOR • Alside Charter Oak Vinyl maintenance free exterior finish, with aluminum soffit, fascia (and corbels on the Italianate) • Andersen windows, patio doors and grills per plan • 3o feet of garden level basement with Andersen windows • Custom overlay garage door options per individual plan • Garage door openers with keyless entry pad INTERIOR • 4-1/2 inch solid oak base and 2-i/2 inch oak casing in entire home • Choice of solid oak cabinetry • Sherwin Williams paint colors and custom stain • Real hardwood in dining and kitchen area • Tile in the entry and master bath • Real linoleum or VCT flooring in mud room and second bath • Knockdown or flat ceilings • Unfinished bonus room • Oak or maple balustrades and railings MECHANICS • 5o gallon water heater, air exchanger and ultra quiet bath fan • Central air conditioner and humidifier • Sears electric appliances include stove, refrigerator, dishwasher, microwave with hood, washer and gas dryer • Breathable poly vapor barriers, the most technologically advanced product to increase exterior wall performance. VINTAGE COLLECTION OPTIONS AND UPGRADES • Maple, cherry, hickory or red birch solid woodwork • Back patios or screened in porches • Flush wood garage doors • Upper level bonus room • Finished basement • Additional decks and screened -in porches or four season garden rooms