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Home My WebLink About1993-04-12 CPC PacketS water I (�Ll w�w THE BIRTHPLACE OF MINNESOTA April 7, 1993 THE STILLWATER PLANNING COMMISSION WILL MEET ON MONDAY, APRIL 12, 1993 AT 7:00 P.M. IN THE COUNCIL CHAMBERS OF CITY HALL, 216 NORTH FOURTH STREET. AGENDA Approval of Minutes - March 8, 1993. AGENDA 1. Case No. V/93-17 - A Variance to the frontyard setback requirements (30 ft. required, 12 ft. proposed) and the slope development standard (no development on slopes over 12%) for construction of a 20 ft. by 24 ft. attached garage at 118 Lakeside Drive. The property is located in the RB, Two Family Residential District/Bluff land/Shoreland District. Michael and Sheryl Meyer, Applicants. 2. Case No. SUP/93-18 - A Special Use Permit to conduct a sales office for fitness equipment at 222 West Cherry Street above an existing garage. The property is located in the RB, Two Family Residential District. Jeffrey H. Palmer, Applicant. 3. Case No. SUP/93-19 - A Special Use Permit to conduct a theatrical production in a 40 ft. by 60 ft. temporary tent structure. The property is located at 501 North Main Street in the CBD, Central Business District. Mary Lou Meagher-Gammans, Applicant. 4. Case No. SUB/V/93-20 - A Variance to the lot width requirement (75 ft. required, 74.17 feet proposed) for a minor subdivision of a 22,244 square foot lot into two lots of 11,122 square feet. The property is located on Lots 3 and 4, Block 34, Carli and Schulenburg's Addition (the 1600 block of North First Street) in the RA, Single Family Residential District. Robert E. and Sandra J. Walters, Applicants. 5. Case No. SUB/93-21 - A minor subdivision of a 75,625 square foot lot into two lots of 38,500 square feet and 37,125 square feet. The property is located at 1030 W. St. Croix Avenue in the RA, Single Family Residential District. Doug Flory, Applicant. 6. Case No. SUP/V/93-22 - A Special Use Permit and a Variance to the rearyard and sideyard setback requirements for the conversion of an existing garage into a second residential structure. The property is located at 119 West Chestnut Street in the RB, Two Family Residential District. John S. Larson, Applicant. OTHER BUSINESS Review of Ordinance establishing the Zoning Board. Review draft Planning Commission Rules and Procedures. Review of modification to development program for Development District #1 for Junior High reuse project. CITY HALL: 216 NORTH FOURTH STILLWATER, MINNESOTA 55082 PHONE: 612-439-6121 STILLWATER PLANNING COMMISSION MINUTES Date: March B, 1993 Time: 7:00 p.m. Members Present: Gerald Fontaine, Chairman Glenna Bealka, Dorothy Foster, Rob Hamlin, Kirk Roetman, Don Val.svik, and Darwin Wald Absent: Duane Elliott and Jay Kimble Also Present: Steve Russell, Community Development Director APPROVAL OF MINUTES Motion by Darwin Wald, seconded by Rob Hamlin to approve the minutes of February B, 1993, as submitted. Carried 7-0. PUBLIC HEARINi3S Case N❑. SUP 93-13 - A Special Use Permit to conduct an over -the - phone and mail order travel agency business out of a residential structure. The property is located at 1861 Oak Glen Drive in the RA, Single Family Residential District. Robert and Vickie Cicolella presented their request. There are four recommended conditions which the applicants are aware of. Mr. Cicolella stated that he will be retiring in two years, and they plan to open their own agency upon his retirement. This is a way to get established and build up clientele before setting up their business elsewhere, such as downtown. Their neighbors have no objections to the request. There were no comments from the audience members. Motion by Darwin Wald, seconded by Kirk Roetman 'to approve the Special Use Permit with four conditions. Following discussion, Condition No. 4 was amended to read: This permit shall be reviewed upon a complaint basis or at least annually. Motion carried 7-0 as amended. Case No. SUP 93-14 - A Special Use Permit to conduct outdoor gales from a cart in an existing private courtyard at 324 South Main Street (Grand Garage) in the CBD, Central Business District. Vicki A. Poisson presented her request. She is aware of the condition of approval. She plans to sell only cookies from the cart. Upon the City's approval, she will be granted a license from the Department of Agriculture. Motion by Dorothy Foster, seconded by Darwin Wald to approve the Special Use Permit. Carried 7-0. Case No. V SUP 93-15 -- A Variance and Special Use Permit to 1 Stillwater Planning Commission March 9, 1.993 conduct a three bedroom Bed and Breakfast at 210 East Laurel Street. The previous permit was rescinded by the City Council upon request of the applicant in December of: 1992. The property is located in the RB, Two Family Residential District. Clyde Jorgenson presented his request. lie stated that the house was renovated to use the front as a Bed and Breakfast. They have restored as much of the original home as possible. They requested the Special Use Permit be rescinded temporarily when mortgaging the home because the interest rate was lower as a single family home. Rob Hamlin questioned whether this home meets the ordinance objectives of preserving older_ structures since there has been reconstruction of the building. Mr. Jorgenson stated that the front half of the house is original except for a new porch railing. Bruce Brillhart, 319 W. Pine, asked about review by the Heritage Preservation Commission. Mr. Russell explained that the HPC will review this request prior to the City Council public hearing. The applicant met the deadline for the Planning Commission meeting, but not for the HPC meeting. Dorothy Foster stated that this is a perfect location for a B&B. Don Valsvik noted that there are no other B&Bs within the three block limit. Motion by Don Valsvik, seconded by Glenna Bealka to approve the Variance and Special Use Permit request. Rob Hamlin noted that because of the history of this building, he is in favor of this request, but would be negative to any future cases where buildings are substantially changed. Chairman Fontaine agreed, but noted that the ordinance was written after this restoration had taken place. The motion carried 7-0. Case No. SQP/93-16 - A Special Use Permit to conduct special events (small weddings, receptions, business meetings, recitals) out of a residential structure at 319 West Pine Street. The property is located in the P.B, Two Family Residential District. Vicki and Bruce Brillhart, owners, presented the case. Mr. Fontaine noted that this request was previously approved by the Planning Cormission, then denied by the City Council. An o-rdinance was then written by a subcommittee of the Planning Commission, which was subsequently denied by the city Council as too restrictive. The Council determined that each case should be decided on its own merit. 4 Stillwater. Planning Commission March 8, 1993 The Brillharts are in agreement with the 12 conditions of ,approval. Mr. Brillhart noted that they have reduced their previous request. They have expanded the parking lot to accomodate 1_0 cars, and have screened the parking lot witil a fence and shrubs. The home was previously a rental property and is now a single family home. He has not had a complaint since opening the business. He has improved the appearance of the home. Patricia Jewell Peterson, 320 W. Pine, stated that she has lived across the street for 45 year; and never had any problems when the home was an apartment house. She is in possession of a Petition obtained during the previouS special use permit request, and she has contacted all these who signed. They wish to remain Oil the petition and a few more names have been added. They are opposed to the request because it would be further commercialization of a residential area. Vicki Brillhart noted that a petition from neighbors directly affected by the B&B and who support the request will be submiteed to the City Council. Mr. Hamlin stated that he fell business meetings and small weddings would be private and quiet and would not affect the neighbors. He asked Mrs. Peterson what sort of activity she expected that would be disruptive to the neighborhood. She stated that caterers, florists, delivery trucks, limosines, etc. would be coming and going. Pat Medbery, 2.15 W. Pine, stated that she is concerned that there is so much going on in one area. She was concerned alDo1at the parking, but is glad to see -the off-street parking. Jeff Peterson, 320 W. Pine, stated that tie is disturbed about a meeting and entertainment facility. It will increase the activity on the weekends when neighbors want to use their yards. He stated that the City should set some standards regarding what kinds of businesses should be allowed irl residential neighborhoods. Motion by Rob Hamlin, seconded by Darwin Wald to approve the Special Use Permit as conditioned. Carried 7-0. Don Valsvik suggested that, for future requests of this type, four special events, and 30 guests should be considered the maximum. Case No. ,5UP/98-26 - Annual Review of Special Use Permit and Report on 1_992 Rivertown Trolley activities. Robert Raleigh, owner, was present. He stated that he is continually changing the route in order to keep the local people 3 Stillwater Planning Commission March 8, 1993 corning ):)ack. The Fte1yht House has written a letter giving permission to run the business on their property, but Mr. Raleigh wa;s not able to pick it up today as the Freight House is closed orI Mondays . Mr. Raleigh responded to a question about ringing the trolley 1-)ell by saying it is used for safety purposes, He normally rings it only at intersections and blind corners. OTHER Co►n:,r.ehen5ave Flan - The Commission viewed a videotape of a presentation by the City of Maplewood's Park and open Space Committee. Mr. Russell Stated that park,. and open apace will be. part of Stillwater' new comprehensive plan. It will include guidelines for future development of open space, protection of the ravines and bluffs, .and determination of need-s. for additional larks. Dave Johnson of Stillwater Township wac, present for the discussion. U.1URNMEN'.i', Motion by Don Valsvik, seconded by Kirk Roetman to adjourn the meeting at 9:05 p.m. Carried. Submitted by: Shelly Schaubach Recording Secretary 4 PLANNING APPLICATION REVIEW CASE NO. V/93-17 Planning Commission Meeting: April 12, 1993 Project Location: 118 Lakeside Drive Comprehensive Plan District: Two Family Residential and Bluffland/Shoreland Zoning District: RB, B/S Applicant's Name: Michael and Sheryl Meyer Type of Application: Variance Project Description: The request is construct a 20 ft. by 24 ft. garage with a 12 ft by 8 inch frontyard setback on lands with a slope of greater than 12% in the Bluffland/ Shoreland District. DISCUSSION: The request is to construct an attached two stall garage. A variance is required because the structure's setback is 12 ft. 8 inches. Using the frontyard averaging, a provision of the Zoning Ordinance, the frontyeard requirement is 20 feet. The Bluffland/Shoreland regulations require the structure be set back 100 feet from the river's edge and 40 feet from the top of the bluff. The structure meets those requirements but is constructed on slopes of greater than 12%. This requires a variance to the Bluff land/Shoreland regulations with review and certification by the Department of Natural Resources after the City has reviewed the request. The applicant has indicated that by moving the garage location it will improve the drainage/erosion situation of the lot and provide a safer and more convenient access to the house. The garage addition will be consistent in appearance with the house addition. It is recommended that the storage shed located along the top of the bluff be removed as a condition of this variance approval. No tree cutting or trimming is proposed. FINDING The project will improve the drainage/erosion situation along the bluff of the river and not significantly impact views of the shoreline from the river. Case No. V/93-17 Page Two CONDITIONS OF APPROVAL: The garage addition shall be painted an earth tone color approved by the City Planner to minimize the structure's impact as viewed from the river. 2. Gutters and drain spouts shall be installed on the rear (river side) of the garage directing the rain water to the street. 3. The asphalt driveway leading from the street to the rear of the house shall be removed and grassy lawn area restored. 4. The shed located on the top of the bluff shall be removed from the site. 5. The City's variance decision shall be certified by the Commissioner of Natural Resources before the decision is final. 6. No tree cutting or trimming shall be allowed. ATTArPMFNTC CASE NUMBER_ Casa Nurnbor 6 Feo Paid Date PLANNING ADMINISTRATIVE FORM Street Location of Property:_ �f �1 � P/cal Logal'Dosc p on^of Propertyc �'------ /�*�_ SC,•�/l /`�'.: Owner: Name -----%%;, c 94� / -_-- g -- ------- / l Address _ �l _ L , ��c�S'� -t' -- �f-------_-- Phone: -- y3%-�3�ayq - T - Applicant (if other than owner): dame--_---____-____-_----__--__--___-- Address------------------------------ Phone: --------------- Type of Request: ___ Rezoning ___ Approval of Preliminary Plat ___ Spocic�l Use Permit ___ Approval of Final Plat _Variance ___ Other ..._______________ Description of Re est: -_-`--_-�` =_.. i� C- _ 4zr�Z:� . Signature of Applicant: Date of Public Hearing: -----------------------------------------_--- NOTE: Sketch of proposed property and structure to be drawn.on back of ��is''�oi�ri�/ t- tached, showing the following: 1. North direction. r 2. Location of proposed structure on lot. 3. Dimensions of front and side set-backs.�+� 4. Dimensions of proposed structure. VL 5. Street names. 4 oJo ) 6. Location of adjacent existing buildings. rSl� m 7. Other information as may be requested. Approved __- Denied ___ by tho'Planning Commission on ----------- (date) subject to the following conditions: --------- _-------------------------- Approved __- Denied ___ by the Council on ---____-_-----_- subject to t';e following conditions: ________..--------------------------------------- ------------------------------------------------------------------ Comments. (Use other side), To: Steve Russell From: Michael and Sheryl Meyer Subject: Varlance for garage addltlon at 118 Lakeside Drlve Date: 3-24-93 We would like to build a garage at street level in the location shown on the survey map. The size would be 20X24 and the elevation drawings you requested are included. A variance to build closer to the street is being sought. We have three main reasons for wanting to build the garage at street level. First is the safety issue, our current driveway is steep and it heads right for the bluff and a 35 foot drop. During the winter the drive becomes icy and very dangerous to use. Someone unfamiliar could find themselves sliding over the bluff as there is nothing to stop them. Preservation of the bluff is another major concern. Currently the entire yard between the house and bluff line is asphalt. Every time it rains the water comes off the house roof and also down the driveway and runs over the bluff causing errosion of the bluff line. Our house is the only one in the development that does not have a garage at street level. We are not asking for anything different than what all the other houses already have. Our plans along with building the garage include removing all of the current asphalt drive and landscaping the yard. This would be replaced with grass so the water runoff has a chance to soak into the ground instead of eroding the bluff. We would be making a natural fence of shrubs along the bluff line to keep people from falling over but also to help hold the soil in place along the bluff line. Flowers and other landscaping would be done further back from the bluff. We will be out of town from 3/26/93 to 4/13/93. 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SUP/93-18 Planning Commission Meeting: April 12, 1993 Project Location: 222 West Cherry Street Comprehensive Plan District: Single Family Zoning District: RA Applicant's Name: Jeffrey H. Palmer Type of Application: Special Use Permit PROJECT DESCRIPTION A Special Use Permit to conduct a sales office for fitness equipment out of a second story of a residential structure. DISCUSSION: The proposal is to conduct the sales of fitness equipment out of a second story of a garage. The applicant has stated that a majority of his business would be over -the - phone. He would take orders, pick up his product at a warehouse location in Downtown Stillwater and make the delivery. He has also stated there would occasionally be customers coming to his home. This would be by appointment only. There is parking in the driveway. CONDITIONS OF APPROVAL: 1. No more than two (2) customers per week are allowed to the home. 2. All cars shall park on site. 3. No signage is allowed. 4. This permit shall be reviewed on a complaint basis. RECOMMENDATION: Approval as conditioned. 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. - Site Plan A !\V •VV Case Numbo.� =J Fee Paid CASE NUMBER Date Filed 3V�� PLANNING ADMINISTRATIVE FORM Street Location of Property: Logal Doscription of Proporty: wrbro� S�_Qo,c F sa_glk_T/4 nc4 ,t9anTH er, A _ Owner: Name i-'.------?--------------....__..___..__ Address _ '5AMC-- 144 _ vim __----__ Phone: _7��=33710__ Applicant (if other than owner): Name ..._________________-__________.. --- Address ------------------------------ Phone ---------------- Type of Request: ___ Rezoning ___ Approval of Preliminary Plat -�L Special Use Permit ___ Approval of Final Plat ___ Variance ___ Other ------------------- Description oil Request: �� _�'rr14c�S C,�K3�.1_t'1 ��•� �.l � � _�,�C.�.,s _.Q.�.�� =�� _ A�'°� � °_` - _ 4- - - -- - - - - Signature of AP olicanL� �--- Date of Public Hearing:___W__-----_..___..----_----__..______________ NOTE. Sketch of proposed property and structure to be drawn,on b this form or at. tached, showing the following: 1. North direction. 2. Location of proposed structure on lot." h7AR 1993 3. Dimensions of front and side set -backs. nPAID 4. Dimensions of proposed structure. G. C�0F3'ijLLWAT5R 5. Street names. S#k WAMR, 6. Location of adjacent existing buildings. M"V. 7. Other information as may be requested. lyIN Approved ___ Denied ___ by the Planning Commission on ----------- (duce) subject to the following conditions: _-_.._____-___________...,..--------_ ___________-___r_.,,_____w___w____________________-----______ Approved ___ Denied ___ by the Council on ---------------- subject to the following conditions: ------------------------------------------------- Comments; (Use other side), PLANNING APPLICATION REVIEW CASE NO. SUP/93-19 Project Location: 501 North Main Street Applicant's Name: Marylou Meagher-Gammans Type of Application: Special Use Permit Project Description: A Special Use Permit for a temporary tent structure and signage for the Stillwater Shakespeare Theatre. Discussion• The request is to place a 40 ft. by 60 ft. temporary tent structure for a four week production of Shakespeare. The site plan shows approximately where the tent will be located. The entrance to the site will be from Main Street. Picnic tables will be placed outside the area for intermission. The parking demand for the use is approximately eighty one (81) parking spaces according to the Parking Ordinance. The North Main Street lot has 100 parking spaces and there is plenty of on -street spaces on Main Street. The Zephyr also uses this lot. The tent structure is white with a height of sixteen feet. There will be a 225-250 seating capacity. The Design Review Committee reviewed the proposal for the tent structure and signage at their regular meeting of April 5, 1993. The Committee did not comment on the tent structure due to its temporary nature; however, they did state that the north end of town is visually different from the Historic District on the south end of town. The Committee approved the signage with a condition that it be placed fifteen feet from the sidewalk. The applicants have also stated they will provide portable restroom facilities. They will be serving beverages (no alcohol). CONDITIONS OF APPROVAL: 1. The picnic tables shall be reviewed by the Design Review Committee. 2. The sign plan shall be reviewed by the Design Review Committee. 3. The occupancy of the tent structure shall be reviewed by the Building Official. RECOMMENDATION: Approval as conditioned. Findings The proposal meets the intent of the Downtown Design Guidelines and Zoning Ordinance. Attachments: - Application - Letter - Tent structure - Photos of the site. DESIGN REVIEW APPLICATION CASE NO. SUP/93-19 & DR/93-6 Project Location: 501 North Main Street Applicant's Name: Marylou Meagher-Gammans Type of Application: Special Use Permit and Design Review Project Description: A Special Use Permit and Design Review for a temporary tent structure and signage for the Stillwater Shakespeare Theatre. Discussion• The request is to place a 40 ft. by 60 ft. temporary tent structure for a four week production of Shakespeare. The site plan shows approximately where the tent will be located. The entrance to the site will be from Main Street. Picnic tables will be placed outside the area for intermission. No sign plan has been submitted at this time. The parking demand for the use is approximately eighty one (81) parking spaces according to the Parking Ordinance. The North Main Street lot has 100 parking spaces and there is plenty of one -street spaces on Main Street. The tent structure is white with a height of sixteen feet. There will be a 225-250 seating capacity. CONDITIONS OF APPROVAL: 1. The picnic tables shall be reviewed by the Design Review Committee. 2. The sign plan shall be reviewed by the Design Review Committee. 3. The occupancy of the tent structure shall be reviewed by the Building Official. RECOMMENDATION: Approval as conditioned. Findings The proposal meets the intent of the Downtown Design Guidelines and Zoning Ordinance. Attachments: - Application - Letter - Tent structure - Photos of the site. Caso Number Fee Paid CASE NUMBER Date Filed PLANNING ADMINISTRATIVE FORM Street Location of Property: Logal Doscription of Proportyc ---------------------------------------- Owner: Name !t`,\___-_____-_..__--_ Address --------- Phone: Applicant (iT other than owner): Name Ac?uress _�� -__- = t� `?.:# __ Phone: Jew.-� Type of Roquest:- __.. Rozoning ..._ Approval of Preliminary Plat _ Special Use Permit ___ Approval of Final Plat ___ Variance ___ Other ------------------- Description of Request: __--_______....__--___--__--____-__-____--_-____ ----_--_-__-_-__...__---------_-___--- M__- ___ -_- _ -- _ ------- .w Signature of Applicant. Date of Public Hearing: --------------------------------------------- NOTE. Sketch of proposed property and structure to be drawn.on back of this form or at- tached, showing the following: 1. North direction. 2. Location of proposed structure on lot. 3. Dimensions of front and side set -backs. 4. Dimensions of proposed structure. 5. Street names. 6. Location of adjacent existing buildings. 7. Other information as may be requested. Approved ___ Denied ___ by tho'Planning Commission on ----------- (duce) subject to the following conditions: ____________________________________ Approved ___ Denied ___ by the Council on ______________ following conditions: subject to the Comments: (Use other side), Request for a special permit for Stillwater Shakespeare The use of Mr. Bill Stouvenal's land is to place a 401x 60' white tent upon for use in a theatrical production.This event would be located on the east side of Hwy. 95, just north of Dominos pizza, and south of the Zephyr and city parking.Boarder- ing the back end of the lot, parallel to 95, are the railroad tracks.The production would run from July 15th to August 15th, with the possible extension of two weeks depending on demand.Please refer to diagram for entrances and exits. This application should be granted in direct light of the recommendations by the St. Croix Valley Task Force.However, the initial vision of an ongoing repertory theatre, and recognition of the need preceded any knowledge of the Task Force, or contact with it.The two were met through a mutual interest in invigorat- ing and developing this art's community. In addition to the above proposal, Stillwater Shakespeare intends to introduce an educational programme to area High schools, focusing on the dramatic interpretations, including workshops and discussions. Presently Stillwater Shakespeare is working as a Non -Profit 501 C-3 status given to us by our fiscal agent, The Task Force. Potential traffic generation is hard for us to say.Since our activity is located on the North end of town, we hope to eFAse some of the congestion from the South end.As far as parking is concerned, we propose to use the city's parking lot of 150 spaces which is located to our immediate north on Hwy.95.This presents a safe and accessible location for patron parking. The tent colour is white. The dimensions are 401x 60' , and 16' high. The doorway is 7'. The seating will be 225-250.there will likely be a combination of hay bales and chairs.No tent - floor will be installed.There will be hay sprinkled on the ground in the tent to prevent dust kicking up. Miller excavating have offered their services to fill and level the ground.There will be a designated smoking area outside, and no smoking inside. No alcohol will be allowed on the site.There is no water on the site, but pop drinks and juice will be served. There will be one Jiffy Biffy which is cleaned every week.The will be garbage cans were needed. We would like to set up four or five picnic tables for use at intermission.The nights of performance would be, Thursday to Sunday with matinee's on Sat & Sun.ProductionC shall not extend past 10:30 pm. Currently we are planning on live music without microphones, however this could change. If it did, the music would be low. J Due to the community's positive response, the St. Croix, Valley Task Force assessment, and because of the encouragement of local business', we feel that this is an appropriate and neces- sary project for this community,and surrounding neighbourhoods. D c( ffDTI 1 o ' 1 R I v E R AREA lill9l For L�d�� .R {fitTV -F �. .1w %W Trees--L_ LAND S CAP'IN G PARKING 1101 H I CT H Ti.) H i� y 5 Mc-f `� .� V ,-S��,�� '�e4�Ii n ccr rl/ Pendleton Company 2551 Wimbledon P1. Woodbury, MN 55125 March 29, 1993 Ann Pung-Terwedo City Planner 216 North 4th Street Stillwater, MN 55082 RE: Stillwater Shakespeare Dear Ann: I understand that Mary Lou Meagher will be making application for a land use permit for operation of a summer theatre. This letter is to verify with the City of Stillwater that I have agreed to allow the tent theatre to operate on my land on North Main Street for several months commencing in April 1993. This Permission is subject to: A written lease with The Pendleton Company and written approval by the City of Stillwater. The land area to be made available to this project approximates 9,900 square feet, lying north of the metal rental unit, south of the municipal parking lot, and from Main Street approximately 110 feet. There will be no provision for off street parking. It is important to expect that City approval of the theatre does not in any way limit the usage of prospective tenants at my buildings. Sincerely, William E. Stouvenel The Pendleton Company Encl: Boundry Drawing .�: rf• W�7i�A d-nits .a ti '{I s * ` yJt it • 1 � 7 �'' x i T v L i rB - sz 9. o o �� • IA / �l Pv r`V. t � r �1 �� .SLAB • �� BLOCy o'r?+a' �!~-ti;rR �� Ir�. • l J /CJ V �/ 1 � � �t, � J� i7 O t ,• I AVk. ,y 7. oa Few le I do i.Pi 4L4 Prrr �� ► g s V ` o I � � �� as -�,�' 1Q'' 4 •��►� V r `�Q /�•l. � \ ►+ate , �.�� `.1 !) � h ti ' r p6. IA 4 - � .. ly .�V�l. V � t /'�� •' +`' `y4y,,*41r •`�j�•+k �'nY;rM�-y..-+�. £r . � V .. ►�'l ' ' .. f: -•, . Au., � i. ��'-'- � •+^'.7 'Y' •r i ��Y�:i ';�G„ •tom.• �. , vt MOTO 1p Olt PI , rt - .;k}i;n• �r 'C'��LRISGGG"' �'.t e r � - - �i C-T j ,•, 55..4 . -} - - :� '. •' ! ,i , .. 1r fir. ��. x. n�, •_ ; •.�_�_ �, • _ :s _ ,, r F !.L/f,•yam, •'�'y �' -i':. � _ � � •p' ems. �• �r•� � '�`�' y•. +'' '1 PLANNING APPLICATION REVIEW CASE NO. SUB/V/93-20 Planning Commission Meeting: April 12, 1993 Project Location: 1600 block of North First Street Comprehensive District: Single Family Zoning District: RA Applicant's Name: Robert and Sandra Walters Type of Application: Variance and Subdivision PROJECT DESCRIPTION Variance to the lot width requirement to subdivide 22,244 square foot lot into two lots. nTSrIlCCTnN The request is to subdivide a 22,244 square foot lot into two lots of 11,122 square feet each. The proposed lot meets the minimum 10,000 square foot lot area requirements and the 100 foot lot depth requirement. Seventy five feet width is required for each lot, 74.17 feet is proposed, resulting in a .83 inch variance for each lot. The applicant has included with his application a house plan that would be constructed on the north lot. The house plan would have to be modified to accommodate the westward slope of the lot. FINDING: The proposed lot split meets the lot area (10,000 single family) requirements of the district. CONDITION OF APPROVAL: 1. The site contours shall be maintained with the development of both lots (no major grading). ATTAr.HMFNTS Caso Numbory J _,�O _ ' Fee Paid __ 14_-J__-__- CASE NUMBER_ Date Filed �Iljlf3 ----- PLANNING A.DMINIS T RAT IVF FORUM ��xx - i Cr A/ Street Location of Property: _ __________________-_-_- Logal Doscription of Property: Lr_3_ � -3+ CARi-i 4 S�,NUt- 13EF.G�S-/ tVi'rw/\! Owner. Name ---------- Address /5-/__ ---- - �_--- Phone: Applicant (if other than owner): NameEN_^��Z. Address 1�� Qt( (�C.l__ FZv1�., nl__�tr�.c��_ Phone: y 29_L 7��----- Type of Request:- ___ Rezoning ___ Approval of Preliminary Plat ___ Special Use Permit -__ Approval of Final Plat _Variance _ v01har..5! �• t i Description o, Reques,•. _7 Signature of Applic t: ��n Date of Public Hearing: NOTE: Sketch of proposed property and structure to be drawn.on r � bl at- tached, showing the following: 1. North direction.PPkiD 2. Location of proposed structure on lot. 3. Dimensions of front and side set -backs. , CJTYOf 4. Dimensions of proposed structure. .5'pv'yYATM 5. Street names. 6. Location o: adjacent existing buildings. 7. Other information as may be requested. -- - Approved -__ Denied ___ by the Planning Commission on ----------- (duta) subject to the following conditions: -__-__ ______________________f___-_____-__-_------------------____-----_- Approved ___ Denied ___ by the Council on ________________ sublet: to the rollowing conditions:_-__-__--_w_-____-_--_____--___-- __-_-___ ----------------------------------------------------------------- Comments: (Use other side), April 1, 1993 Dear City of Stillwater Planning Commission, The enclosed papers contain our request to : 1) Split one city lot roughly 150' x 150' into 2 lots 2) Request a variance of less than one foot in the width of the 2 lots - from 75' to just over 74' Briefly here is the important data: Lot dimensions East South West North 148.33' (North 1st St. side) 149.95' 148.35' 149.97' Average lot width = 148.34', 74.17' after split The variance in width if for 0.83' less than the 75' minimum. ( 10") Total lot sq/ft is 22,244; 11,122 per lot after the split. I've enclosed pictures of the lot and a sheet describing the home we'd like to build. The appraised value would be consistent with the neighborhood. If you have any questions please contact me at 439-8784, or call the Walters. Thanks for your consideration in this matter! Sincerely, Ken Bjo m t LOT r ►� ►zZ 4� 1y$�35' LOT I� IZ,2 UA6ANT LAJD 5+� &W&C- �fdVSE E-- Rr c.E�T Fr2 M '7 148,33 NaRTN ST N � tD 4'+ C N z a O to rt U1 fD O .. rt N N ro I rt N N• w O I a co rD In rD rD rt N ro n O ro 0 to p 3 ro V) W n n fD N v lb No• S�co.vlo Sr. * n •Ca<9t.7/ ti•,yr -- M /QR 37 Z 23— �► � I r t g o� `° h O M A r N 9 •a eb cr El ►n fi �dC GeV n r ei ei ev 7 0 a� N o p N 01 i • 1976 sq. ft. The WILLIANtssuRG is a classic colonial style home with • 484 sq. ft. garage a spacious floorplan, including an open kitchen with a • 4 bedrooms center island, an expansive family room, formal living • z'iz baths and dining areas, and an attached double garage with a separate mud room. There are four bedrooms upstairs, including a master bedroom with a large walk-in closet and a private bath. It's a comfortable and functional home with lots of windows for a bright and cheerful interior environment. MILES HOMES -1,11, Nw . . . .. . . ..... WR w ..... ----- PLANNING APPLICATION REVIEW CASE NO. SUB/93-21 Planning Commission Meeting: April 12, 1993 Project Location: 1030 W. St. Croix Avenue Comprehensive Plan District: Single Family Zoning District: RA Applicant's Name: Doug and Beverly Flory Type of Application: Minor Subdivision. Project Description: The request is to subdivide a 75,625 square foot lot into two lots of 38,500 square feet and 37,125 square feet. Discussion: The proposal is to subdivide a 75,625 square foot lot into two lots. Presently, the proposed west parcel has a single family home on the property. With this subdivision, it is proposed that another home be constructed on the lot to the west. The parcel does not have sanitary sewer service or water service. If this subdivision is approved, both properties should be connected to City services. The Public Works Director has stated sewer services would have to come from Amundson Drive adjacent to the property to the south. The Water Department has not commented on the project. St. Croix Avenue is not an improved street and does provide access to two homes to the south and the home of the applicant. CONDITIONS OF APPROVAL: 1. The proposed home and existing home shall connect to City services. 2. St. Croix Avenue shall be improved appropriately to City standards. RECOMMENDATION: Approval as conditioned meets the intent of the Subdivision Ordinance and Zoning Ordinance. ATTACHMENTS: - Application Form - Site Plan - Legal Description. Caso Numbory3 :,2-/ G Fee Paid __ CASE NUMBER Date Filed PLANNING ADMINISTRATIVE FORM Street Location of Property: A-�-e :_________ Legal Description of Property: ALI Crib.�___________________________ Owner. Name _ Q Address -L-Phone: Applicant (if other than owner): Name _________-_w__ Address ------------------------------ Phone: --------------- Type of Request:- ___ Rezoning ___ Approval of Preliminary Plat ___ Spocial Use Permit ___ Approval of Final Plat Variance _✓ her Description of Request: Signature of Applicant:r1�_ _ Date of Public hearing: ________.._____________________________-______ NOTE: Sketch of proposed property and structure to be drawa,on ba '} rr;, or at- tached, showing the following: - ��a,'. •3r7 1. North direction. = j3 2. Location of proposed structure on lot. ^'r' 3. Dlme^.510^.S of i.vaat and SIde ul:l-Ui1ci.J. ►�v PAID 4. Dimensions of proposed structure. «.��R 5. Street names. c -F77i W47&S, 6. Location of adjacent existing buildings. 7. Other information. as may be requested. Approved ___ Denied ___ by tho'Planning Commission on ----------- (duce) subject to the following conditions:__--._-...__-_...w__--___________________ ---------------------------T----------------------------------------------- �� Approved ___ Denied ___ by the Council on ---------------- subject to the following conditions: _ __w____-_-____________________-__-_--_-___-__ _---_-_....__________________________.._______-----___-_-____________- Comments: (Use other side), 6 r cr E�-LS T-71��ti 2-4 ' I nQs--n�-r, FAD f s 1" PLANNING APPLICATION REVIEW CASE NO. SUP/V/93-22 Planning Commission meeting: April 12, 1993 Project Location: 119 West Chestnut Street Comprehensive Plan District: Two Family Residential Zoning District: RB Applicant's Name: Jeffrey Anderson Type of Application: Variance and Special Use Permit PROJECT DESCRIPTION: A Special Use Permit and a Variance for the restoration of a Carriage House and the addition of a residential unit. DISCUSSION The proposal is to restore a Carriage House and allow for a second residential unit above the accessory structure.. Presently, the main house is a duplex; however, the applicant is restoring the home for a single family use. Two residential units on this 25,200 square foot lot does meet the lot area requirements for this zoning district. The Carriage House garage on the first level will provide the parking for both units. No on -street parking is recommended because the property is adjacent to Fourth Street which is quite narrow. The Variance requests are to the sideyard setback (thirty feet required, less than five feet proposed) and to the rearyard setback requirement (five feet required, less than five feet proposed) for this reconstruction project. CONDITIONS OF APPROVAL: 1. Any residential parking shall remain on -site. RECOMMENDATION: Approval. FINDINGS: The proposal meets the intent of the Zoning Ordinance. ATTACHMENTS: - Survey - Elevation of Carriage House - Floor Plan - Letter from John S. Larson. CASE NUMBER Case Nur'bor J� Fee Paid Date Filed PLANNING ADMINISTRATIVE FORM Street Location of Property: c{ -------- Logal Doscription of Proportyt �__�-�! �._�=1 ..-�r-- ------ , Owner: fame - __ ____ ___ __ _ __-- -- ----------------- Address 1 Applicant (if other than owner): Nan e Address �'_/J1_ _ _, __ �-- -- Phone: Typo of Request:-, ^ Rezoning ___ Approval of Preliminary Plat Special Use Permit ___ Approval of Final Plat 4 Variance _ O1her ____ _ --_ _______ D cri ;ion of Request. .. _ _ --w ___-_ _ _ _ _____ Signature of Applicant: Date of Public Hearing: --------------------------------------------- NOTE: Sketch of proposed property and structure to be draysrn•on back of this form or at- tached, showing the following: 1. North direction. 1. 2. Location of proposed structure on lot. 3. Dimensions of front and side set -backs. 4. Dimensions of proposed structure. 5. Street names. 6. Location of adjacent existing buildings. 7. Other information as may be requested. oFZj = c--; gel ' ;•�!. � � `.: Approved ___ Denied ___ by the*Planning Commission on .._-'- (duce) subject to the following conditions: ___________ -------`"--_------___--w-.----_------------.-.'-_-___----•------------- Approved ___ Denied ___ by the Council on ________________ subject to the following conditions. ____ -------------------------------------------- Comments. (Use other side), LAKE &LAND JAMES E. DANLEY R.L.S. President 1296 HUDSON ROAD SURVEYING INC. ST. P776-82 5ti108 778 „ EXCLUSIVELY FOR: JOHN LARSON DESCRIBED AS: LOTS 8, 9 AND 10, BLOCK 31, ORIGINAL TOWN OF STILLWATER 1-1 W LU Cn AREA 25252 SQ FT 0.58 ACRES 1 CHESTNUT STREET r - -- PUBLIC WALK 6 STAIRS _ FENOE y�y1 a� } IRON X� - �x M ` N72°24'27'E 150.00 -- _ 1 1 i• 11 3 1� PORCH 10 I I it � � c �04 1 RLS vvv Q� r, #13774 1 co �W o� / - a c+1 I v 8 h0 tr / N Ap,r.1yDK i DUMPSTER 8 SIDED ENCROACH FROM / SOUTH 6 EAST ON THIS CORNER ' S72°27'26"W 150.00 I hereby certify that this survey, plan or report was prepared by me or under my direct supervision and that I am a du Registered Land Survey s the State of finder the laws l BY MI R.L.S. NO. 14887 r� on the 10TH day of MAAl'_H _ 19 93 This certificate vali.? only to party named hereon when stamped with impression seal. 7 - RLS N13774 1 3 4 SCALE: 1" = 30 FEET BOOK LF PAGE FILE NO. O Indicates Iron Monument Set 5 Marked R.L.S. 14807 •Indicates Iron Monument Found, Set By Others Bearings Are on an Assumed Basis Improvements Located Only When Requested DES.= DESCRIBED REC.= RECORD MEA.= MEASURED DESCRIPTION: FROM WASHINGTON COUNTY SHEET OF swEaya JOHN S. LARSON & ASSOCIATES ARCHITECTS 2 April 1993 Mr. Steve Russell Community Development Director City of Stillwater 216 North 4th Street Stillwater, Minn. 55082 Dear Mr. Russell As the Architects for the Jeffrey and Julie Anderson home and carriage house restoration/renovation at 119 West Chestnut Street in Stillwater, we have been asked by the Andersons to seek approval from the City of Stillwater for the reconstruction of the upper level of the carriage house and it's conversion to a one bedroom apartment. The carriage house, which we believe was built in the late eighteen hundreds and at about the same time as the house, originally contained three levels. The top level was removed at some point, and it is our desire to return the building to it's original appearance by replacing that level. We understand that due to the location of the building on the property and because of current height and parking restrictions, variances will be required. The intent of this letter is to request that the necessary variances be granted. Drawings are enclosed that indicate what the finished building will look like and how it will be used. It's the Anderson's intention to employ a full time person to provide help with child care and other domestic work. The apartment, is to be for that person's use. The middle or garage level provides parking for three cars and the lower level is to be used for storage of lawn and other equipment. Should you have any additional questions concerning this request, please feel free to contact me. Sincerely: John S. Larson, AIA 241 NORTH THIRD STREET BAYPORT, MINNESOTA 55003 612-439-4022 Y c��_---- ..3 -4, _ --•- ~— . .'.. � �--._ --- - - - - -_ _.— 5}lll=,r:t;: Tc MACH No'�: E 1 ,r. - jj - --------- (ATTERNED SuINGLE5 Tv MnTc►i No., SF- ,L�— EAST ELEVATION 5C A L E. Y. - WGOD TFIXA TO MATCH } Ov' li • I WEST 'ELEVATION S C A - - -• • — SToNi= TO MATCH )^TI,`ING SOUTH ELEVATION 6c A L E % -- )'•o'• 4- qN NORTH ELEVATION I • S [water THE BIRTHPLACE OF MINNESOTA MEMORANDUM TO: CHAIRMAN AND PLANNING COMMISSION FROM: STEVE RUSSELL, COMMUNITY DEVELOPMENT DIRECTOR DATE: APRIL 8, 1993 SUBJECT: ZONING ORDINANCE AMENDMENT ESTABLISHING A ZONING BOARD The City Council at their meeting of March 16, 1993, passed for first reading an ordinance that establishes the Planning Commission as the Zoning Board for certain planning applications. A copy of the ordinance is attached. State law requires that amendments to the Zoning Ordinance be reviewed by the Planning Commission. The new ordinance would establish the Planning Commission as the final decision making authority for the City. The decision of the Commission will e final unless the decision is appealed by the aggrieved person to the City Council. Because of their added responsibility and authority, Staff has prepared Rules and Procedures that would provide the basis for the Zoning Board (Planning Commission) deliberation. The attached Ordinance is a rough draft and will have to be changed to be consistent with the City Zoning Ordinance. RECOMMENDATION: This item has been referred to the Planning Commission by the City Council for review and comment. CITY HALL: 216 NORTH FOURTH STILLWATER, MINNESOTA 55082 PHONE: 612-439-6121 ORDINANCE NO. AN ORDINANCE CREATING THE BOARD OF ADJUSTMENT AND APPEALS THE CITY COUNCIL OF THE CITY OF STILLWATER DOES ORDAIN: I. Creating. There is hereby created a new chapter of the Stillwater City Code that shall hereafter be known as Chapter 32, Board of Adjustment and Appeals. Chapter 32 shall hereafter read as follows: "CHAPTER 32 1. BOARD CREATED. There is hereby created a Board of Adjustment and Appeals. The Planning Commission as created and comprised by the ordinances and City Code of the City, shall be the Board of Adjustment and Appeals. Staff services for the Board shall be furnished by the office of the Community Development Director. 2. PROCEDURE. A majority of the Board shall constitute a quorum and a majority of all the members as necessary for any decision of the Board. Subject to the provisions of this ordinance, the Board may adopt rules necessary to the conduct of its affairs, the chairman, or in his absence, the acting chairman, may administer oath to witnesses. All meetings shall be open to the public. The Board shall keep minutes of its proceedings, showing the vote of each member upon each question or as absent or failing to vote. The Board shall keep records of its examinations and other official actions. 3. POWERS AND DUTIES OF THE BOARD. The Board shall have the power and duty of hearing and deciding, subject to appeal to the City Council and herein provided, appeals or requests in the following cases: a. Appeals where it is alleged that there is an error in any order, requirement, decision or determination made by an administrative officer in the enforcement of the zoning ordinance. b. Requests for variances from the literal provisions of the zoning ordinance in instances where their strict requirement would cause undo hardship because of the circumstances unique to the individual property under consideration. C. Requests for variances from the literal provisions of the subdivision ordinance in instances where their strict enforcement would cause undo hardship because of circumstances unique to the individual property under consideration. d. Requests for special use permits or conditional use permits where the use is expressly permitted by the zoning ordinance within the zoning district. 4. HEARING AND DECISION BY THE COUNCIL. The Council shall, at its next regular meeting after the filing of an appeal to it from a decision of the B , set a date for hearing thereon which shall be not later tha 3❑ days after the meeting. After hearing the oral or written views of all interested peroons, the Council shall make its decision at the same meeting or at a specified future meeting thereof. 5. FORM OF ACTION TAKEN IN RECORD .THEREOF. The Board and the Council on appeal shall provide for a record of its proceedings which shall include the minutes of its meetings, and the action taken on each matter by it, including its final order. The City Clerk shall maintain a permanent record of the disposition of all appeals to the Council from decisions of the Board." II. Saving. In all other ways the Stillwater City Code shall remain in full force and effect. III. Publication and Effective Date. This ordinance shall be in full force and effect from and after its passage and publication according to law. Enacted this day of March, 1993. Charles M. Hooley, Mayor ATTEST: Mary Lou Johnson, City Clerk MAGNUSON & THOLE LAW OFFICE LICENSED IN MINNESOTA AND WISCONSIN THE GRAND GARAGE & GALLERY 324 SOUTH MAIN STREET SUITE #260 P.O. BOX 438 TELEPHONE: (612) 439-9464 TELECOPIER: (612) 439-5641 April 2, 1993 DAVID T. MAGNUSON ERIC C. THOLE Steve Russell Community Development Director City of Stillwater 216 N. 4th Street Stillwater, MN 55082 RE: Creation of Board of Adjustment and Appeals Dear Steve: STILLWATER, MN 55082 Legal Assistants Gall A. Mahr Shelley L.Sundberg The creation of the Board of Adjustment and Appeals will require an amendment to the zoning ordinance and contrary to other ordinances, the Minnesota Statutes contain specific directions about its amendment. Minnesota Statutes S 462.357, Subd. 4, requires that if the amendment to the zoning ordinance is not "initiated by the Planning Agency", it shall be referred to the Planning Agency for study and report and may not be acted upon by the governing body until it has received the recommendation of the Planning Agency or until 60 days have elapsed from the date that the report was submitted to them. Accordingly, we have no choice but to send the proposed amendment, once decided upon, to the Planning Commission for its review. Call me if there are any questions about this. Yours very truly, David T. M nuson DTM/sls cc: Nile Kriesel, City Coordinator Mayor and City Council 1 water THE BIRTHPLACE OF MINNESOTA MEMORANDUM TO: CHAIRMAN AND PLANNING COMMISSION FROM: STEVE RUSSELL, COMMUNITY DEVELOPMENT DIRECTOR DATE: APRIL 8, 1993 SUBJECT: RULES AND PROCEDURES FOR THE CONDUCT OF PLANNING COMMISSION BUSINESS The City Council has directed Staff to prepare the necessary Ordinances and Procedures to establish a Zoning Board. The Zoning Board would be the Planning Commission as it relates to planning requests (i.e. variances, special use permits, subdivisions, etc.). Only appeals from the decision of the Zoning Board would be heard by the City Council. Because the deliberation of the Commission will become more important and come under more scrutiny, it is important that the Planning Commission (Zoning Board) have written out procedures to insure consistency in reviewing the various planning requests. The attached resolution details Rules and Procedures for the Commission. They are presented for your review, comment, and adoption. RECOMMENDATION: Adoption of Planning Commission Rules and Procedures. CITY HALL: 216 NORTH FOURTH STILLWATER, MINNESOTA 55082 PHONE: 612-439-6121 NAME RESOLUTION NO. 93- PLANNING COMMISSION RULES AND PROCEDURES ADOPTED UNDER AUTHORITY OF STILLWATER MUNICIPAL CODE AND STATUTES OF THE STATE OF MINNESOTA FOR THE PURPOSE OF ESTABLISHING RULES AND PROCEDURES GOVERNING THE ORGANIZATION AND PROCEDURES OF THE PLANNING COMMISSION OF THE CITY OF STILLWATER f 'lei 4�1F VA a 4 1. The name of this organization shall be the Planning Commission of the City of Stillwater hereinafter referred to as the Planning Commission. ARTICLE II POWERS AND DUTIES 1. The Planning Commission has the following duties and powers: a. Hear and decide matters relating to the application of the zoning ordinance and as assigned to the Commission. b. Hear and decide matters relating to the application of the subdivision ordinance and as assigned to the Commission. C. Hear and decide appeals from decisions of the Community Development Director or City Planner. d. Develop and maintain the Comprehensive Plan and specific or area plans and policies. e. Undertake studies in the area of zoning and planning and make recommendations to the City Council and other city organizations. f. Review the Capital Improvements Program. g. Develop and maintain the zoning and subdivision ordinances. h. Perform such other functions as the City Council may assign. ARTICLE III MEMBERSHIP AND TERM OF OFFICE 1. Membership, term of office and procedures for removal of members and the filling of vacancies shall be as established by Stillwater Municipal Code and by City Council directions. 2. The Chair shall notify the Mayor when any Commission member has three (3) consecutive absences without notification and/or been absent with notification for more than six (6) regular meetings per year. 1 3. Commission members shall notify the Chair or the Secretary to the Planning Commission in advance of any planned absence. ARTICLE IV !)PVTr 1l C 1. As soon as is practicable following the first (1st) day of January of every year, there shall be elected from among the membership of the Commission, a Chair and a Vice Chair. 2. The Community Development Director is designated to act as Secretary to the Planning Commission. 3. Should a vacancy occur in the office of the Chair or Vice Chair prior to the next annual election of officers, a special election shall be held to fill that office for the duration of the unexpired term. ARTICLE V ELECTION OF OFFICERS 1. Any member may nominate a candidate from the membership for the position of Chair or Vice Chair; nominations need not be seconded. 2. Each member may vote for any eligible person whether nominated or not. 3. A member may withdraw his/her name, if placed in nomination and announce that, if elected, he/she would not be able to serve; but he/she may not "withdraw in favor of another member". 4. Once the nomination are completed, any member may move that the nominations be closed; a second is required. S. Unless a majority opposes, the Chair then declares that the nominations are closed; and the members proceed to the election. 6. The voting may be by ballot or by voice vote. 7. The candidate who received a majority of the votes cast than holds the office of the Chair. 8. The same procedure is followed for the election of Vice Chair. 9. New officers shall assume office at the next meeting. ARTICLE VI DUTIES OF OFFICERS 1. The Chair shall preside at all regular meetings and hearings and 2 shall call special meetings of the Planning Commission. 2. Except those matters controlled by statute, ordinance and these rules and procedures the Chair shall decide on all points of order and procedure during the meetings; and his/her decision shall be final unless overruled by a majority of the members present. 3. The Chair shall sign all official minutes of meetings upon Planning Commission approval. 4. The Chair shall represent the Planning Commission before the City Council whenever the Chair or the Commission considers it necessary or desireable. 5. The Vice Chair shall assume all Commission duties of the Chair in his/her absence or disability. 6_ In case of the absence of both the Chair and the Vice Chair from any meeting, an Acting Chair shall be elected from among the members present. 7. The Secretary shall receive and file all exhibits, petitions, documents or other materials presented to the Commission in support of, or in opposition to, any question before the Commission. 8. The Secretary shall sign all notices prepared in connection with Planning Commission business and shall attest to such records of actions, transmittals and referrals as may be necessary or required by law. ARTICLE VII rnMMTmmFFc 1. All committees of the Planning Commission which may be deemed necessary to carry out the functions and purposes of the Commission shall be established by the Chair or by a majority vote of the Commission. 2. The Chair shall serve as an ex-officio member of all committees. 3. The Chair shall make all committee assignments and shall appoint the Chair of each committee. 4. Committee meetings shall be held upon call of the Chair of the committee. 5. A verbal or written report may be made at any meeting of the Commission by the Chair or a member of a committee on any subject under consideration by a committee; or a report may be requested by the Chair of the Commission. 3 ARTICLE VIII MEETINGS - GENERAL 1. All regular, work session, special and adjourned meetings of the Commission shall be open meetings to which the public and the press shall be admitted. 2. Notice of meetings shall be given as required by law; and the purpose of, or the business to be transacted during, such meetings shall be stated in the notice. A. Re ular Meetings 1. Regular meetings of the Commission shall be held on the second (2nd) Monday of each month and shall be evening meetings beginning at 7 p.m., in the Council Chambers of City Hall of the City of Stillwater. Meetings shall be adjourned by 10:30 p.m., unless the Chair, with concurrence of the Commission, extends the time of the adjournment. 2. In the event that the scheduled date for a regular meeting falls on a holiday, such meeting may be rescheduled; the exact date and time of such rescheduled meeting shall be determined at the preceding regular meeting. 3. If a majority of the membership deems it necessary or desirable, a scheduled regular meeting may be cancelled or rescheduled at the preceding regular meeting, unless a public hearing has been noticed previously. B. Work Session Meetings 1. Work session meetings of the Planning Commission may be held from time to time. The exact date and time of such meetings shall be determined at the preceding regular meeting. 2. In the event that the date scheduled for a work session meeting falls on a holiday, such meeting may be rescheduled or may be cancelled; such action shall be taken at the preceding regular meeting. 3. If a majority of the membership deems it necessary or desirable, a scheduled work session meeting may be cancelled or rescheduled at the preceding regular meeting. 4. No final action shall be taken at a work session on any matter which is required by law to be the subject of a public hearing or which is the subject of any application or appeal pending before the Commission. C. Special Meetings 4 1. A special meeting may be called by the Chair or a majority of the membership. D. Site Tour QUORUM 1. Planning Commission members may convene to inspect sites of applications before the Commission in order to familiarize themselves with the existing conditions of the site. ARTICLE I% 1. A quorum shall consist of five ( 5 ) members of the Planning Commission for all matters. 2. In the absence of a quorum at any meeting, such meeting shall be adjourned to the next regular meeting date by any member present; or, if no member is present, by the Secretary of the Planning Commission; or if the Secretary is absent, by the Recording Secretary. 3. No meeting may be declared adjourned for lack of a quorum until a 15-minute period, after the scheduled time of the meeting, has elapsed. ARTICLE % CONDUCT OF MEETINGS 1. At the time and place established for a meeting and with a quorum present, the Chair shall call the meeting to order. 2. The normal order of business shall be as follows: a. Roll call. b. Approval of minutes of previous meetings. C. Oral Communications - The Planning Commission will hear brief (3-minute maximum per topic) oral communications on items not listed on the agenda. d. Consent calendar - These are regular items scheduled on the Commission agenda which are recommended for approval or continuance by staff. e. Public hearings - These are items that require public hearings. f. Unfinished business - Review of recommendation on old or unfinished business and action on same. 5 MnTTnNS VOTING g. New business - Including, but not limited to planning items that do not require a public hearing. h. Motions and voting. ARTICLE XI 1. Upon conclusion of discussion on a matter or at such time as any member may feel that all points have been sufficiently reviewed, the Chair may call for a motion or one may be offered by a member. In the event no motion is offered, the Chair may offer a motion. 2. The Chair shall receive all motions and shall call for a second to the motion if none has been made. 3. If, after a reasonable time, no second has been offered, the motion shall be declared dead for lack of second, and this shall be so stated by the Chair. 4. After a motion has been made and seconded, the Chair shall call for discussion on the question. All discussion shall be limited to that of the motion only. At the close of discussion, the Chair shall put the matter to a vote. 5. The Chair may, at his/her discretion, limit debate on any motion; except that each member shall have the opportunity to speak at least twice on each motion for a period of not more that five (5) minutes at a time. If a member has already spoken on a motion, the Chair may restrict that member to five (5) minutes. 6. Should a motion fail to pass, the Chair shall so state and call for a new motion on the matter. ARTICLE XXI 1. All questions shall be resolved be roll call vote; except that the Chair may, at his/her discretion, call for a voice vote. Should any member request a roll call vote, either before or immediately after a voice vote, a roll call shall be taken without further discussion. 2. Upon acceptance of a motion and completion of discussion thereon, the Chair may instruct the Secretary to read the motion and to poll the membership for a vote. 3. All votes shall be verbally stated by each member at "Aye" or "No" and shall be so entered into the minutes of the meeting. Should he/she so desire, a member shall be given an opportunity to state 0 the reasons his/her vote, which reasons shall also be entered into the minutes. 4. A member may be permitted to abstain from voting only when he/she has a disqualifying conflict of interest or bias in the matter; and, where he/she is aware of such disqualifying interest or bias, he/she shall state his/her disqualification upon call of the matter on the agenda. If a member becomes aware of a disqualifying interest or bias during the hearing of the matter, he/she shall immediately so indicate. A disqualified member shall not participate in discussion or voting in the matter. 5. Adoption of a motion shall be by a simple majority of the members present, except as otherwise provided herein. 6. The Chair shall vote on all matters, except where he/she has a disqualifying interest or bias. 7. A tie vote, taken during the absence of one or more members or a vacancy on the Commission shall automatically continue any item to the next meeting. 8. A tie vote, resulting from the abstention of one or more members, with no members absent and no vacancies on the Commission, shall automatically result in the defeat of the motion. 9. All questions, except those failing as a result of a tie vote pursuant to Section 8 of this Article, shall be resolved by the affirmative passage of a motion. Should a motion fail to pass by a majority vote, the Chair shall declare that the motion has failed to carry; and he/she shall call for a new motion on the matter. C_1;4kyUNM—A"001 ORAL AND WRITTEN COMMUNICATIONS 1. All oral communications between members of the Commission and those seeking to convey any information relevant to any matter of Commission business shall take place at a public meeting of the Commission. 2. Written communications with members of the Commission must be submitted to the Staff of the Community Development Department prior to the agenda deadline, in order that it may be included in the agenda packet. 3. Letters or other forms of written communication received by Staff after the deadline shall, whenever possible, be duplicated for the individual Commission members and distributed at the meeting. If this is not possible, the original correspondence shall be voted by the Staff or the Chair during consideration of the matter. 7 ARTICLE XIV POINTS OF ORDER 1. All points not covered by these bylaws shall be determined by Robert's Rules of Orders. AWI!ICLE XV TMV71 ilMV?.TTQ 1. These bylaws may be amended from time to time as the need may arise, by resolution adopted by the favorable vote of a four -fifths (4/5) majority of the full membership of the Planning Commission. ARTICLE XVI ADOPTION OF RULES AND PROCEDURES 1. Immediately upon favorable vote of not less than four -fifths (4/5) of the full membership of the Planning Commission, these rules and procedures shall become in full force and effect; thereby invalidating any and all provisions of previously adopted rules or procedures which may be, totally or in part, in conflict herewith. 2. These rules shall not be considered or construed as superseding any ordinance or directive of the City Council, nor shall they preclude and preparation and adoption of further procedural manuals and policies by which the Planning Commission may direct its activities. Approved this day of , 1993. Attest: Community Development Director A Chair Vice Chair 1 wate, THE BIRTHPLACE OF MINNESOTA MEMORANDUM TO: CHAIRMAN AND PLANNING COMMISSION FROM: STEVE RUSSELL, COMMUNITY DEVELOPMENT DIRECTOR DATE: APRIL 8, 1993 SUBJECT: REVIEW OF DEVELOPMENT PROGRAM MODIFICATION AND TAX INCREMENT DISTRICT #6 FOR CONSISTENCY WITH THE COMPREHENSIVE PLAN Redevelopment law required the use of Tax Increment Funds be consistent with the City's Comprehensive Plan. This review and modification to the Development Program is for the renovation and reuse of the east wing to the Junior High and the City's demolition of the west wing and construction of a 150 - 180 car parking lot to provide parking for the office use, surrounding area, and Down- town. The proposed office use is consistent with the Public Administrative Offices District (PA) Zoning District. This zoning was established as implementation of the Downtown Plan. The new public parking lot would provide parking for the east wing office use during the work day, the adjacent churches and courthouse after the normal work day and weekends. During Summer weekends visitors to the Downtown would use the facility. The proposed use is consistent with the Comprehensive Plan and zoning use of the site and area. (The specific plans for the Junior High Building renovation and parking lot come to the Commission for design review at your May meeting.) RECOMMENDATION: Approval of Development Program Modification Plans and establishment of Tax Increment District #6 as consistent with the Comprehensive Plan (resolution attached). ATTACHMENT: Plans. CITY HALL: 216 NORTH FOURTH STILLWATER, MINNESOTA 55082 PHONE: 612-439-6121 RESOLUTION NO. 93- RESOLUTION OF THE STILLWATER PLANNING COMMISSION FINDING THE CITY'S MODIFICATION OF THE DEVELOPMEN I PROGRAM FOR DEVELOPMENT DISTRICT NO. 1, THE MODIFIED TAX INCREMENT FINANCING PLANS FOR TAX INCREMENT FINANCING DISTRICT NOS. 1 THROUGH 5, AND THE PROPOSED TAX INCREMENT FINANCING PLAN FOR PROPOSED TAX INCREMENT FINANCING DISTRICT NO. 6, ALL LOCATED THEREIN, TO BE CONSISTENT WITH THE COMPREHENSIVE PLAN OF THE CITY. WHEREAS, the City's proposed modification of the Development Program for Development District No. 1, the Modified Tax Increment Financing Plans for Tax Increment Financing District Nos. 1 through 5 and the Tax Increment Financing Plan for proposed Tax Increment Financing District No. 6, respectively, within Development District No. 1 have been submitted to the Stillwater Planning Commission pursuant to Minnesota Statutes, Sections 469.124 through 469.134 and Section 469.175, Subd. 3 (c), respectively and WHEREAS, the Planning Commission has reviewed the proposed Modified Development Program, the Modified Tax Increment Financing Plans and the Tax Increment Financing Plan (together, the "Plans") to determine the consistency of the Plans to the Comprehensive Plan of the City. NOW, THEREFORE, BE IT RESOLVED by the Stillwater Planning Commission, that the Plans are consistent with the Stillwater Comprehensive Plan. Adopted: April 12, 1993. Chairman ATTEST: r �`-�1'ik�1 � :��I•� ��?� 1II(L 11 � � 'I�j'. r'�;��uti. � ' -� 1�lir�{''Ll ;II�H'HCtt:...1�Ri�»'..�3f�'�• ;r, j• �• r y +L �ti 1 ^.F: .} " ��ii� /.;- LL'r� r. }. • L. If...:, EIFE iL1�L1.1w:J4.^ f i, lf��,-,,�.,�1 tX, y�R'��.`f 1 r"• ......'-�� `� 3 `FI �11 � Lf�F3 1 u, „I'� . LEE! 1�.6 `fit M041111kCC QQ v 1e/o,o />y !/) r- O�37xIq CITY OF STI LLWATER, M I\ \ ESOTA SECTION II. MODIFIED TAX INCREMENT FINANCING PLAN FOR TAX INCREMENT FINANCING DISTRICT NO. 1 (Downtown and Industrial Park Scattered Site Redevelopment District) (AS MODIFIED FEBRUARY 21, 1989) NOTE: As of February 21, 1989, the City has determined to implement a master project concept in regard to tax increment financing districts located within Development District No. 1. Tax Increment Financing District No. 1 was established and its Tax Increment Financing Plan was approved on May 7, 1985. The Tax Increment Financing Plan was subsequently modified on October 1, 1985, December 12, 1985, November 3, 1987 and February 21, 1989. This Section II is provided to combine all modifications into one document. Attached as Exhibits IIA, II-B, II-C and 1ID are portions of the original plan and modifications through November 3, 1987, which are not required to be provided in the Tax Increment Financing Plan pursuant to Minnesota Statutes, Section 469.175, subdivision 1, and therefore are not reflected in this Section II. Subsection 2.1. Statement of Objectives_ See Section I, Modified Development Program for Development District No. 1, Subsection 1.4, Statement of Objectives. Subsection 2.2. DevelopmentProgram. See Section I, Modified Development Program for Development District No. 1, Subsections 1.1 through 1.15. Subsection 2.3. Parcels to be Included in Tax Increment Financing District No. 1. The following parcels located in the City of Stillwater, County of Washington, State of Minnesota: (AS ORIGINALLY ADOPTED MAY 7, 1985) Parcel Identification Number 9028-0020 9028-0050 9033-2364 9033-2374 9033-2378 10200-2300 10200-2325 10200-2350 10200-2550 10690-2000 10690-2050 10690-2150 10690-4050 Fee Owner Muller Boat Works Maple Island Farm, Inc. UFE, Inc. Beim Construction Company H & I Wood Specialties Goetz, James B. Goetz, James B. Kern, 0.; Skinner, N.; et al Meisterling, Orn & Powell Atwood Forge & Foundry Co. McGuire, Michael G. Muller Boat Works ABS Co. 2-1 SECTION VII. TAX INCREMENT FINANCING PLAN FOR TAX INCREMENT FINANCING DISTRICT NO. 6 Project Summary The tax increment revenues_ generated through new development in Tax Increment Financing District No. 6 (Cub Foods Project) will be used to induce the redevelopment of a portion of the former Stillwater Junior High School in order to preserve an historic building within the City. It is anticipated that Stillwater School District #834 will convey the property to Cub Foods, who in turn will convey the west wing to the City of Stillwater. Cub Foods will renovate and rehabilitate the east wing for use as its corporate offices. The City will demolish the west wing and convert the property into a public parking lot which will provide parking to the east wing as well as the general public. Subsection 7.1. Statement of Objectives. See Section I, Modified Development Program for Development District No. 1, Subsection 1.4, Statement of Objectives. Subsection 7.2. Development Program. See Section I, Modified Development Program for Development District No. 1, Subsection 1.1 through 1.15. Subsection 7.3. Parcels to be Included in Tax Increment Financing District No. 6. ^The following parcels located in the City of Stillwater, County of Washington, State of Minnesota: The West Wing Lots 3 through 12 inclusive, Lot 2, except the North it feet of the East 70 feet thereof, all in Block 36 of the original Town, now City of Stillwater, according to the perfected plat thereof on file and of record in the office of the County Recorder, Washington County, Minnesota, including all that property lying between Lots 15 through 22, Block 35 and Lots 3 through 6, Block 36, original Town, now City of Stillwater, according to the perfected plat thereof on file and of record in the office of the County Recorder, subject to an easement for street and municipal utilities created by the dedication of Third Street. The East_ Wing Lots 8 through 22 inclusive and that part of Lot 7 described as follows: Beginning on the South West corner thereof, thence North along the West line a distance of 14.8 feet to a point, thence in a straight line 150 feet more or less to a point on the East line thereof that is 13.8 feet North of the South East corner thereof, thence South along the East line to the South East corner thereof, thence West along the South line thereof to the point of beginning; 7-1 all in Block 35 of the original Town, now City of Stillwater, according to the perfected plat thereof on file and of record in the office of the County Recorder, Washington County, Minnesota. FURTHER INFORMATION REGARDING THE IDENTIFICATION OF THE PARCELS TO BE INCLUDED IN TAX INCREMENT FINANCING DISTRICT NO. 6 CAN BE OBTAINED FROM THE OFFICE OF THE CITY CLERK. Subsection 7.4. Parcels in Acquisition, Properties identified for acquisition will be acquired by the City in order to accomplish one or more of the following: remove, prevent, or reduce blight, blighting factors, causes of blight, or the spread of blight and deterioration; to eliminate unhealthful, unsafe, and unsanitary structures and conditions; reduce traffic hazards; provide land for needed public streets, utilities, and facilities; remove incompatible land use, eliminate obsolete or detrimental uses; assemble land for redevelopment; carry out clearance and/or redevelopment to accomplish the uses and objectives set forth in this plan. The City may acquire and reconvey the parcels identified in Section I, Subsection 1.14 of the Development Program. The following are conditions under which properties not designated to be acquired may be acquired at a future date: (1) The City may acquire property by gift, dedication, condemnation or direct purchase from willing sellers in order to achieve the objectives of the tax increment financing plan; and (2) Such acquisitions will be undertaken only when there is assurance of funding to finance the acquisition and related costs. Subsection 7.5. Development -Activity in the Tax rnC.:rement Financing District for which Contracts have been Signed. The following contracts have been entered into by the City of Stillwater and the persons named below: (As Contracts are entered into with the City of Stillwater, they will be inserted in this Subsection.) Subsection 7.6. Other Specific Development Expected to Occur within the Tax Increment Financing District. The City anticipates that the following development will occur within Tax Increment Financing District No. 6: (1) renewal and renovation of the east wing of the historic Stillwater Junior High School by Cub Foods to be used as its corporate offices; and 7-2 (2) construction of a parking lot on the former west wing of the site. (As other specific development is expected to occur, it will be inserted into this Subsection.) Subsection 7.7. Estimated Cost of Project. See Subsection 1.5 of the Development Program for estimated costs associated with the Development District. Subsection 7.8. Estiimated Amount of Bonded lndehLedness . It is anticipated that bonded indebtedness may be incurred in an amount so that $ in net proceeds will be available with respect to this portion of Development District No. 1. Subsection 7.9. Sources of Revenue. Public improvement costs, acquisition costs and other costs outlined in the Estimated Cost of Project (Subsection 7.7 above) will be financed through the annual collection of tax increments as described below. It is anticipated that the City will retain all tax increment generated from Tax Increment Financing District No. 6 to pay for costs outlined in Subsection 1.5 of the Development Program. Subsection 7.10. Original Tax Capacity; Estimated Captured Tax -Capacity. Pursuant to Section 469.177, Subd. 1 of the Tax Increment Financing Act, the original tax capacity for Tax Increment Financing District No. 6 is estimated to be $24,040 for the year 1992 payable 1993, based on the tax capacity of all taxable real property within Tax Increment Financing District No. 6, and assuming the market value of the east parcel to be $522,600 and that the west parcel will be owned by the City and considered tax-exempt property. Pursuant to Section 469.177, Subds. 1 and 4, of the Tax Increment Financing Act, the County Auditor of Washington County (the "County Auditor") shall certify in each year the amount by which the original tax capacity has increased or decreased as a result in a change in tax-exempt property within Tax Increment Financing District No. 6, reduction or enlargement of Tax Increment Financing District No. 6 or changes in connection with previously issued building permits. In any year in which the current tax capacity of Tax Increment Financing District No. 6 declines below the original tax capacity, no tax capacity will be captured and no tax increment will be payable to the City. Pursuant to Section 469.175, Subd. 1, and Section 469.177, Subd. 2, of the Tax Increment Financing Act, the estimated captured tax capacity in Tax Increment Financing District No. 6 at completion, 1994 payable 1995, will be approximately $127,760. This estimated annual captured tax capacity value is determined in the following manner: 7-3