HomeMy WebLinkAbout2007-11-14 CPC PacketI
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THE BIRTHPLACE OF MINNESOTA
CITY OF STILLWATER
PLANNING COMMISSION
NOTICE OF MEETING
The City of Stillwater Planning Commission will meet on Wednesday, November 14,
2007, at 7 p m in the Council Chambers of Stillwater City Hall, 216 North Fourth Street
AGENDA
1 CALL TO ORDER
2 APPROVAL OF October 8, 2007 MINUTES
3 PUBLIC HEARINGS
301 Case No 07-48 A request for a variance for the construction of a porch
located at 518 South Fourth Street in the RB, Two Family Residential
District Colleen and Del Blocher, applicants
4 OTHER BUSINESS
4 01 Annual Bed and Breakfast Review
CITY HALL 216 NORTH FOURTH STREET • STILLWATER MINNESOTA 55082
PHONE 651 430 8800 • WEBSITE www cl stillwater mn us
j
City of Stillwater
Planning Coninussion
October 8, 2007
Present Mike Dahlquist, Vice Chair, Suzanne Block, Dan Kalmon, Taylor Luke, David
Peroceschi and Charles Wolden
Staff present Planner Pogge and Community Development Director Turnblad
Absent Dave Middleton and Wally Milbrandt
Vice Chair Dahlquist called the meeting to order at 7 p in
Approval of minutes Mr Wolden, seconded by Mr Peroceschi, moved approval of the minutes
of Sept 10, 2007 Motion passed unanimously
PUBLIC HEARINGS
Case No 07 46 A request for a variance for location of a pool in the side yard at 512 Sixth St S
in the RB, Two Family Residential District Tim Freeman, Folz, Freeman, Enckson Inc,
representing Jennifer MacDonald
Mr Pogge reviewed the request and staff findings He noted that staff did find a hardship due to
the topography of the lot which creates an issue for the placement of a pool in the rear yard
However, he said staff did not find in the affinnative that a variance is necessary for the
preservation of property rights Mr Wolden asked whether the pool and pool equipment could be
separated Mr Pogge responded that if the variance is approved, staff is recommending that a
condition of approval be that the equipment is setback 3' from the property line Mr Wolden
asked if the proposed pavers were indeed pervious material Mr Pogge said this is a new
technology, and the City Engineer has reviewed and approved of the pavers Mr Kalmon asked
if plans must meet any watershed distnct requirements for storm events Mr Pogge stated that
the City Engineer, who works with the Middle St Croix Watershed, has reviewed plans and
found plans to meet all requirements There was a question about the proposed private fence in
the front of the pool Mr Pogge noted that the proposed fence meets setbacks — it will be placed
behind the front of the house and therefore can be 6' high, as proposed
1VIr Freeman said he started talking with the City Engineer immediately regarding pervious
surfaces Because the pool itself is considered impervious surface coverage, he said the plan is to
remove all sidewalk and part of the driveway and replace the existing material with the pervious
pavers He also spoke to the hardship of having no real rear yard for the placement of a pool, and
suggested that the ability to have a pool is a substantial property right He also noted that the
only lot close to where this proposed pool will be located has an existing pool that is closer to the
street than the MacDonalds' pool will be Mr Freeman stated that while it is more convenient to
have the equipment placed in the immediate proximity of the pool, he said the equipment could
be moved if the City finds that to be necessary
City of Stillwater
Planning Commission
October S, 2007
Mr Dahlquist opened the public hearing No comments were received, and the hearing was
closed Mr Peroceschi, seconded by Mr Luke, moved approval as conditioned Mr Wolden said
he did not like the equipment placed on the property line It was noted that one of the conditions
of approval is that the equipment be placed a minimum of 3' from the property line Motion
passed unanimously
OTHER BUSINESS
Discussion of new proposed location for St Croix Preparatory Academy — Mr Turnblad
introduced the discussion He noted the new site is directly across the street and north of the
previous site The new location includes two parcels with 14 gross acres, lie said Before final
details are developed, he said the Academy would like to get general reactions from the Planning
Commission Mr Turnblad pointed out this site is within the City and is currently zoned TR,
rather than RA He noted that the only different between the TR and RA zoning is that schools
are a permitted use in the RA zone, but not in the TR zone Mr Dahlquist asked why schools
were left out of the TR zone Mr Turnblad said he thought that was an oversight, noting that the
TR zone was created as part of the Liberty development, primarily to deal with issues such as
garage setbacks and streetscapes Mr Turnblad suggested that the Planning Commission might
want to consider either changing the ordinance or changing the zoning of the site Mr Turnblad
noted that this is not a public hearing, but the Chair could take comments if he so desired
Mr Dahlquist noted that this was not a public hearing He stated he would hear from St Croix
Academy representatives and then would accept public comments for 15 minutes or so He noted
that if the Academy proceeds with plans, a full public hearing will be held
Representing St Croix Academy were architect Ed Kodet, director Jon Gutierrez and Carroll
Johnson Mr Kodet briefly reviewed the site and building plans He stated the plans have
incorporated public input received during discussions of the previous site He noted that a height
variance will not be needed, as this site will accommodate a walkout design He said a proposed
road has been relocated to the north of the site, and traffic will come in off White Pine Way He
stated all bus queuing will be on site, and the parking lot will be buffered from residential
properties He also stated courtyards and landscaping will be used to diminish the scale of the
building from the street front Mr Kalmon asked if they had talked with the Brown's Creek
Watershed District Mr Kodet said they are working on obtaining necessary approvals Mr
Kodet pointed out that the City has hired an independent traffic consultant to do a study that will
look at Millbrook development at full build -out and the school at full capacity Mr Kalmon
asked if they had looked at future expansion Mr Kodet said the proposed building will be full
build -out, except for an additional 50 parking spaces in the future Mr Dahlquist asked if they
had been in contact with the Millbrook developers, Mr Kodet said they had been working with
those folks, and positive reactions have been received On a question from Mr Wolden, Mr
Kodet reviewed the provision of parking — 132 spaces in the main lot, 12 staff spaces and 52
proof -of -parking spaces for future development
2
City of Stillwater
Planning Commission
October 8, 2007
After Mr Kodet's presentation, Mr Dahlquist invited comments from the audience, asking that
comments be kept to questions or specific concerns
Erin Lisle, 1841 Heifort Court, stated major concerns center around traffic She stated 150
residents objected to the previous plan utilizing the Heifort property and a lot of objections are
not alleviated by the new site She stated there are still no incentives for traffic to come down
Highway 96 to White Pine Way, and it will be impossible to get out onto Neal Avenue due to
increased traffic She said there is a concern that parking will spill over into the neighborhood
during large events
Jerry Daniels, 1860 Oak Glen Dnve, asked for equal time to prepare an official position He
asked for copies of the official meetings minutes and traffic studies Mr Turnblad said he
thought the traffic study might be completed later in the week of the meeting, and said he would
make copies available at City Hall for public use
Chuck Benson, 1950 Oak Glen Trail, stated there are too many unanswered questions He
questioned whether moving the location across the street changes much, stating the issues remain
the same — traffic concerns What has changed, he noted, is the addition of a delivery entrance
off Neal between Oak Glen Trail and McKusick Road
John Van Tassel, 13093 McKusick Road, questioned how buses would be touted, noting that
County Road 15 is a "disaster" and Neal Avenue is narrow He suggested the site in question is
impractical and doesn t have enough room
Ruth Bruns, 8790 Neal Avenue, expressed a concern about the steep grade on Neal Avenue and a
concern about how buses would be routed, suggesting that the dirt road (Neal Avenue) cannot
accommodate that traffic
Robert Villesvik, 1960 Oak Glen Trail, said if neighborhood meetings have been held, as
mentioned by Mr Dahlquist, they were never notified
After neighbor comments, representatives of St Croix Preparatory Academy were given a
change to respond to questions/comments Mr Gutierrez addressed a comment made by Mr
Benson regarding the Council's negative vote on the previous site He noted that the Council
never voted on the previous plans, the Planning Commission's previous action was due to the
need for annexation, and this site doesn't need to be annexed — it's already in the City, he noted
Mr Gutierrez also stated there is definitely enough land to accommodate the schools, students
and programming He also stated school representatives have talked with the Watershed District
and have complied with the Watershed District's new regulations and increased the buffer zone
another 25' Mr Gutierrez noted that the major concern continues to be traffic, and he said he
thought the new, independent study would address those concerns Ms Johnson also pointed out
i
City of Stillwater
Planning Coinnussion
October 8, 2007
the Academy has not held any formal meetings with neighbors, they have had informal
discussions with anybody who has asked questions
Commission members were asked for their initial reactions/concerns Ms Block referred to Mr
Kalmon's previous comments about concerns regarding bias in the traffic study done for the
previous Academy site and how to allay that perception of bias Mr Turnblad said while he does
not believe any professional would intentionally provide misleading information, he explained
that the City hired an independent contractor to for a new traffic study to "remove any smell of
bias "
Mr Peroceschi said he thought the property should be rezoned RA, and said he thought it would
help a lot if Neal Avenue were blacktopped for access off Highway 96 Mr Wolden said his
primary concern continues to be traffic — how the traffic is handled and what triggers City traffic
control measures Mr Kalmon said he thought it would be important to work closely with the
DNR and Watershed District as there are a lot of protected areas in close proximity to the site,
and said he agreed with the comments regarding traffic Mr Luke said he was concerned with
traffic especially during the morning and afternoon school traffic times and traffic stacking on
site Ms Block said she would be interested in seeing the amount of impervious surface coverage
for the school versus 25 home sites, she also said she was anxious to bee the results of the traffic
study Mr Dahlquist reiterated that the vast majority of concern centers on traffic, he suggested
that the Academy address concerns regarding the service entrance and parking during large
school events Mr Dahlquist also suggested that anything that can be done to reduce the massing
of the building as viewed from Neal Avenue would be a plus
Mr Turnblad reminded Commission members of a joint meeting with the City Council, HPC,
Parks Board and Planning Commission scheduled for Nov 8
Mr Luke, seconded by Mr Kalmon, moved to adjourn at 8 30 p m
Respectfully submitted,
Sharon Baker
Recording Secretary
4
DATE
APPLICANT
REQUEST
LOCATION
j a ter
1 H E R 1 R f H P L A f E O F M I N N E b 0 1 A •
Planning Commission
November 7, 2007
Colleen and Del Blocher
CASE NO V\07-48
A variance to allow a porch and steps to encroach into the required
front yard setback
518 Fourth Street S
COMPREHENSIVE PLAN DISTRICT SFLL - Single Family Small Lot
ZONING RB - Two Family Residential
PC DATE November 14, 2007
REVIEWERS Community Dev Director •
PREPARED BY Michel Pogge, City Planner AA4
DISCUSSION
The applicant is requesting a variance to Sec 31-308 (b)1 of the City Code in order to
install a porch and steps on the home
The required front yard setback in the RB district is 20 feet The zoning code does allow
some projections to go up to three feet in to a required setback 1 However, porches2 are
not permitted to project into a required setback The front of the home, excluding the
turret, is approximately 20 5 feet from the front property line The request is to extend a
porch/front stoop 4'11" out from the front of the home with two steps that extend
beyond the front stoop If the minimum required stair run of 10" is used the steps will
add an additional 1'10" From the foundation to the end of the steps the total projection
will be 6'9" or an encroachment into the required front yard setback of approximately
6'3"
' Sec 31 514 Subd 3 a — Awnings sills cornices, buttresses, eaves, landmgs 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 from the property line
2 Porch — A covered platform usually having a separate roof at an entrance to a dwelling or an open or enclosed
gallery or room, which is not heated or cooled that is attached to the outside of a building
518 Fourth Street S
Page 2
EVALUATION OF REQUEST
A variance may be granted only when all of the following conditions are found •
1 A hardship peculiar to the property, not created by any act of the owner, exists
Personal, family or financial difficulties, loss of prospective profits and
neighboring violations are not hardships justifying a variance
The property at 518 Fourth Street South is a regularly shaped conforming single-
family lot The hardship is created by the original placement of the home and
was not created by an act of the owner This hardship is particular to this
property
2 A variance is necessary for the preservation and enjoyment of substantial
property rights, and, if granted, would not constitute a special privilege not
enjoyed by neighbors
This property is zoned for a single-family home and is currently being used as a
single-family home Without this variance the property owner will be able to
continue to use the property as a single-family home Staff does not believe that
approval of this variance is necessary to preserve a substantial property right
which has been denied
The homes both north and south of this home are setback at or behind this home
If the applicant is perrrutted to build the plan as proposed the home will extend
in front of other homes in the area This would create a special privilege that is
not enjoyed by the neighboring properties
3 The authorizing of the variance will not be of substantial detriment to adjacent
property and will not materially impair the purpose and intent of this section
or the public interest nor adversely affect the comprehensive plan
The purpose of this code section is to provide a harmonious street appearance
In this case the property owner is proposing to install a porch and steps that will
extend beyond other homes in the block and beyond the required front yard
setback By granting the variance the purpose and intent of the code is adverted
The building code requires only a 3' landing at the front door with 10" step runs
If the landing is shortened to 3' the total projection will be reduced from 6'9" to
4'10" The encroachment into the required front yard setback would also be
reduced from approximately 6'3" to approximately 4'4" Staff believes that by
reducing the front landing is more in spirit with the code and if the Commission
desired to grant the variance it then should be minimized to the greatest extent
possible
C,
518 Fourth Street S
Page 3
FINDINGS •
1 That the hardship is peculiar to the property and that it is not created by any
act of the owner In this context, personal financial difficulties, loss of
prospective profits and neighboring violations are not factors involved in
justifying a variance
2 That a variance is not necessary for the preservation and enjoyment of
substantial property rights possessed by other properties in the same district
3 If minimized, the authorizing of the variance will not be of substantial
detriment to adjacent property and will not materially impair the purpose
and intent of this title or the public interest nor adversely affect the
Comprehensive Plan
ALTERNATIVES
The Planning Commission has the following options
1 Deny the requested variance to encroach into the required 20-foot front yard
setback [31-308 (b)11 since an affirmative finding on the required conditions
for a variance could not be made by staff
2 Approve the requested variance to encroach into the required 20-foot front •
yard setback [31-308 (b)11 If the Commission chooses to grant the variance
the commission needs to make an affirmative finding on the required
conditions for a variance Additionally, staff would suggest that the
following conditions for approval
a All revisions to the approved plan shall be reviewed and approved by
the Community Development Director
b That the front landing be reduced to 3' and that the encroachment into
the required front yard setback be no more than 4'10"
3 Continue the public hearing until the December 10, 2007 Planning
Commission meeting The 60 day decision deadline for the request is
December 18, 2007
RECOMMENDATION
Since an affirmative finding could not be made for the three variance review criteria,
staff recommends denial of the requested variance
Attachments Applicant's Form and supplemental material
0
PLANNING ADMINISTRATION APPLICATION FORM
COMMUNITY DEVELOPMENT DEPARTMENT
CITY OF STILLWATER
216 NORTH FOURTH STREET
STILLWATER MN 55082
Case No V o I
Date Filed I/ L `' •
Fee Paid _ `�
Receipt No i
ACTION REQUESTED
Special/Conditional Use Permit
Variance
Resubdivision
Subdivision
Comprehensive Plan Amendment*
Zoning Amendment*
Planning Unit Development
Certificate of Compliance
*An escrow fee is also required to offset the costs of attorney and engineering fees The fees for requested
action are attached to this application
The applicant is responsible for the completeness and accuracy of all forms and supporting material submitted
in connection with anyappl►cat►on All supporting mater►al (► e , photos, sketches etc ) submittedwith application
becomes the propertyof the City of Stillwater Sixteen (16) copies of supporting materialis required Ifapplication
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 p t •
PROPERTY S4llr�IDENTIFICATI ��tiP J�d Sri
t4 Address of Protect �% C� � As essof s Parcel No ,
Zoning District V�b-Description of Protect see Q'ffaC—Ar& (GEO Code)
I hereby state the foregoing statements and all data information and evidence submitted herewith in all
respects to the best of my knowledge and belief to be true and correct / further certify I will comply with the
permit if it is granted and used
Property Owner_
Mailing Address 5/ ``yam+ e�
City State Zip 7�� / PAJ S�-OZL
Telephone No k9 3S/ — /'25,O
Representative
Mailing Add
City State Zi
Telephone No
Signature C% "►L`IQ Signature
(Signature is required) (Signature is required)
SITE AND PROJECT DESCRIPTION
c� I
Lot Size (dimensions) t O x ��� Total Building floor area � G/ Zp C square feet
Land Area Existing square feet
Height of Buildings Stories Feet Proposed square feet
Principal _ r Paved Impervious Area square feet
Accessory 1t f No of off street parking spaces
H \mrnamara\[hPda\PI ANAPP FIRM June 9 2006
Variance Request
Colleen and Del Blocher
518 South Fourth St
Stillwater, MN 55082
Home (651)351-1250 Office (651) 275-1620
Our home located at 518 South Fourth Street, was built in 1877 The house is
situated next to two commercial properties, Simonet Law Office and the
Washington County Historic Courthouse
Historically the house included a wrap around porch that no longer exists The
purpose of our proposal requesting a variance is to build a simple awning like
structure to provide for better protection to the foundation
There is a wet condition in the basement that is eroding the foundation There is
existing rot of the main supporting beams, particularly in the turret which has
caused it to sink This needs correction Our plans are to rebuild the foundation,
replace rotting beams and provide protection to the new foundation
The property provides a physical hardship in that there is a minimal pitch between
the foundation and the city boulevard and sidewalk The turret roofline does not
adequately hang over the side of the house Extending an awning from the front
steps around the turret would help to divert rainwater and moisture and provide for
drainage away from the foundation wall This would help correct the wet condition
The front stoop measures 51/2 feet from the foundation The proposed awning
would extend 4 feet 8 inches from the foundation The posts supporting the awning
would be 3 feet 8 inches out from the foundation and rest one foot back from the
proposed roofline
Our home is an historic property Our proposal will guarantee to preserve the life
of this house which compliments the Historic Courthouse Our home is the only
historic property left standing directly across from the Historic Courthouse on
Fourth Street
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0
Planning Commission
DATE November 8, 2007
ITEM Annual Bed and Breakfast Report to the Planning Commission
PC DATE November 12, 2007
REVIEWERS Community Dev Director
PREPARED BY Michel Pogge, City Planner M
DISCUSSION
As part of the bed and breakfast Ordinance, each establishment is to be reviewed
annually by the Community Development Director and a written report is to be made
to the Planning Commission and City Council in November of each year Staff
conducted a full review of each bed and breakfast in the fall of 2006 This year staff
conducted self -reviews completed by the owners of each bed and breakfast to ensure
that they are still in compliance From these self -reviews, staff has determined that each
of the bed and breakfast remains in compliance with their respective conditions
There have been no changes to the Bed and Breakfast's in the community since last
year There are currently seven active B&B's which is the same as last year
Additionally, Staff did not receive any complaints this year related to any of the bed
and breakfasts in the community
STAFF RECOMMENDATION
That the Planning Commission receive and file the attached bed and breakfast annual
report and take no further action
Annual Report of Active B&B Is
Name
Owner
Rooms
Special Events
Address
Date Owned
Current SUP Case #
Ann Bean Mansion
Jeremy and Erin Drews
5 guest rooms
A maximum of six (6) events
319 West Pine Street
3/15/2004
(large functions defined asbusiness
meetings bus tours
2004 11 CPC
bridal and wedding showers
anniversaries weddings and
wedding receptions and church
functions) over twenty (20)
persons allowed per month
Aurora Staples Inn
Cathy and Jerry Helmberger
5 guest rooms (4 in
A maximum of six (6) events
303 North Fourth Street
7/1/2002
main house and 1 in
(large functions defined as
carnage house)
business meetings bus tours
2003 23 CPC
bridal and wedding showers
anniversaries weddings and
wedding receptions and church
functions) over twenty (20)
persons allowed per month
James Mulvey Inn
Cynthia Hannig
That a maximum of five
No
622 Churchill Street West
11/13/2006
bedrooms at the 622
Churchill St West
200656
property at any one time
James Mulvey Inn
Jill and Truett Lawson
2 guest rooms in the
No
•
807 Harriet St So
12/9/1991
carnage house
200565
Lady Goodwood Bed and Br
Ron Hannig
3 guest rooms
A maximum of six (6) events
704 South First Street
4/7/2003
(large functions defined asbusiness
meetings bus tours
2003 33 CPC
bridal and wedding showers
anniversaries weddings and
wedding receptions and church
functions) over twenty (20)
persons allowed per month
Rrvertown Inn
Jeff and Julie Anderson
9 guest rooms (7 in the
Two special events a month with
306 West Olive Street
9/23/1999
main home and 2 in the
a limit of 18 people staying at the
carnage home)
Inn and 18 other people totaling
2005 69 CPC
38 people per event
The Elephant Walk
Rita Graybill
Four guest rooms
No p
801 West Pine Street
7/12/1992
2005 31 CPC
William Sauntry Mansion
Thomas and Sandra Lynum
6 guest rooms
A maximum of six (6) events
626 North Fourth Street
10/21/1999
(large functions defined asbusiness
meetings bus tours
1999 43 CPC
bridal and wedding showers
anniversaries weddings and
wedding receptions and church
functions) over twenty (20)
persons allowed per month
isThursday,
November 08, 2007
Page I of 1
/*l I Ater
THE BIRTHPLACE OF M I N N E S 0 1 A
Memo
Community Development Department
To: Planning Commission
From: Michel Pogge, City Planner
Date: Thursday, November 08, 2007
Re: 2008 Meeting Dates
Message:
Commissioners -
The following are the meeting dates for 2008. If there is a conflict please let me know so
we can make a change before the City publishes the dates.
Thank you,
Mike
Monday, January 14, 2008
Monday, February 11, 2008
Monday, March 10, 2008
Monday, April 14, 2008
Monday, May 12, 2008
Monday, June 9, 2008
Monday, July 14, 2008
Monday, August 11, 2008
Wednesday, September 10, 2008
Monday, October 13, 2008
Monday, November 10, 2008
Monday, December 8, 2008
From the desk of...
Michel Pogge, AICP • City Planner • City of Stillwater • 216 N. 4th Street • Stillwater, MN 55082
651.430-8822 • Fax: 651.430-8810 • email: mpogge@ci.stillwater.mn.us
Sji Iwa ter
THE BIRTHPLACE OF M I N N E S 0 1 A
Community Development Department
To: Planning Commission
From: Michel Pogge, City Planner
Date: Thursday, November 08, 2007
Re: 2008 Meeting Dates
Message:
Commissioners -
The following are the meeting dates for 2008. If there is a conflict please let me know so
we can make a change before the City publishes the dates.
Thank you,
Mike
Monday, January 14, 2008
Monday, February 11, 2008
Monday, March 10, 2008
Monday, April 14, 2008
Monday, May 12, 2008
Monday, June 9, 2008
Monday, July 14, 2008
Monday, August 11, 2008
Wednesday, September 10, 2008 '
Monday, October 13, 2008
Monday, November 10, 2008
Monday, December 8, 2008
From the desk of...
Michel Pogge, AICP • City Planner • City of Stillwater • 216 N. 4th Street • Stillwater, MN 55082
651.430-8822 • Fax: 651.430-8810 • email: mpogge@ci.stillwater.mn.us