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HomeMy WebLinkAbout1993-09-07 CPC Packetr kater THE 81ATHPLACE OF MINNESOTA September 7, 1993 THE STILLWATER PLANNING COMMISSION WILL MEET ON MONDAY, SEPTEMBER 13, 1993 AT 7:00 P.M. IN THE COUNCIL CHAMBERS OF CITY HALL, 216 NORTHFOURTH . Approval of Minutes - August 9, 1993. AGENDA 1. Case No. SUP/93-50 - A Special Use Permit for the construction of a 31 ft. by 32 ft. storage garage at 1372 South Greeley Street (Stillwater Parks Department). The property is located in the RCM, Medium Density Residential District. City -of Stillwater, Tim Thomsen, Parks Department, Applicant. 2. Case No. V/93-51 - A Variance to the side and rearyard setback requirements (approximately 4 ft. sideyard proposed, 5 ft. required, approximately 2 ft. 8 inches rearyard proposed, 5 ft. required) for the construction of a 41 ft by 21 ft. four -stall garage. The property is located at 517 South Second Street in the RB, Two Family Residential District. Delwin P. Peterson, Applicant. - 3. Case No. V/93-52 - A Variance to the frontyard setback requirement (22 ft. proposed, 30 feetrequired) for the construction of an entrance addition at 2614 Edgewood Court in the RA, Single Family Residential District. Ronald and Linda Kult, Applicants. 4. Case No. V/93-53 - A Variance to the sideyard setback requirement (1 ft. proposed, 5 ft. required) for the construction of a 14 ft. by 22 ft. g-arage at 313 W. Laurel Street. The property is located in the RB, Two Family Residential -District. Daniel Horejsi, Applicant. 5. Case No. V/93-54 - A Variance to the sideyard setback requirement on a corner lot 6 ft. proposed, 30 ft. required) for an addition to a residential -structure. The property is located at 402 South Owens Street in the RB, Two Family Residential District. Leon and Ruth Nesvacil, Applicants. - 6. OTHER BUSINESS Shoreland Ordinance RV Parking Ordinance CITY HALL: 216 NORTH FOURTH STILLWATER, MINNESOTA 55082 PHONE: 612-439-6121 APPEALS The decision of the Planning Commission is appealable to the City Council. Any applicant, or other interested party, who considers an action taken by the Commission in error may appeal the decision to the City Council. Appeals from Planning Commission actions should be made to the Community Development Director at Stillwater City Hall, 216 North Fourth Street, 439-6121. All appeals must be in writing, be accompanied by the $25 appeal fee, state the application number, the nature of the application and the reasons for the appeal. The appeal must be received by the Community Development Director within ten (10) calendar days of the action of the Planning Commission. The written appeal suspends plan permit approval until a decision is made regarding the appeal. Appeals from the decision --.of the Planning Commission shall be considered by the City Council at a public hearing. The applicant and affected property owners will be notified of the City Council appeal hearing. diaI I Iw. er THE BIRTHPLACE OF MINNESOTA MEMORANDUM TO: PLANNING COMMISSION FROM: STEVE RUSSELL, COMMUNITY DEVELOPMENT DIRECTO DATE: SEPTEMBER 10, 1993 SUBJECT: SPECIAL COMPREHENSIVE PLAN MEETING MONDAY REMINDER: The Planning Commission will meet on Monday, September 20, 1993 at 7:00 p.m. in the City Council Chambers to begin consideration of the Comprehensive Plan update. Call me if you can not make it, 439-6121. THANKS! CITY HALL: 216 NORTH FOURTH STILLWATER, MINNESOTA 55082 PHONE: 612-439-6121 STILLWATER PLANNING COMMISSION MINUTES Date: Aug. 9, 1993 Time 7 p.m. Members Present: Glenna Bealka, Duane Elliott, Dorothy Foster, Jay Kimble, Kirk Roetman, Don Valsvik and Darwin Wald Steve Russell, Comm. Dev. Director, and Ann Pung Terwedo, planning Members Absent: Gerald Fontaine, Chairman, and Rob Hamlin Vice Chairman Don Valsvik called the meeting to order. APPROVAL OF MINUTES Motion by Darwin Wald to approve the minutes of July 12, 1993; seconded by Duane Elliott. All in favor. PUBLIC HEARINGS Case No. V193-46 - A variance to the rearyard setback requirements (25 feet required, 20 feet requested) for construction of a home at 2047 Oak Glen Drive in the RA, Single Family Residential District. Applicants Mr. and Mrs. Freels appeared before the Commission. Mr. Freels said when they bought the lot last year, they thought the setback requirements were 20 feet, front, and 10 feet, back, rather than 30 and 25 feet, which they discovered after an architect had already designed a home for them. He said the architect has tried a number of things, including shortening the garage by two feet and placing the house as far north on the lot as possible, but the structure still won't fit on the lot without a variance. Without a variance, they won't be able to have a dinette in the home. The variance is needed for just a small -- five feet deep by seven feet long -- point of the lot, he said Mr. Russell suggested the possibility of a two and one-half foot variance for both the front and backyard setbacks. He noted the lot was on a curve, which lessens any visual impact, and it is the last home in that part of the development. Mr. Freels pointed out that because of the curve in the road, except for the small corner where the variance is needed, the house placement would exceed the setback requirements. 4 Mr. Valsvik noted the lot is in the RA District which has various setback requirements that everyone has to maintain. Mr. Roetman made a motion to approve the variance request due to the unique location of the lot in the development and the fact the variance is for just a portion of the house, not the entire length of the structure. Dorothy Foster seconded the motion. Jay Kimble suggested that hardship could be demonstrated by the shape of the lot. Mr. Elliott said although he was inclined to vote against the request, not too long ago the Commission granted a variance for a garage addition because it was on a corner lot which should have been able to accommodate the addition without a variance. Motion passed five to two, Mr. Valsvik and Mr. Elliott voting no. Case No. V/93-47 - A variance to the total square footage allowable for accessory structures (1,000 feet maximum allowable for all structures, 1,320 feet proposed) for construction of an attached garage at 811 W. Pine St. in the RB, Two Family Residential District. Applicant Duane Arndt appeared on his own behalf. Mr. Arndt said the proposal is to remove an existing two -car garage that was built in the 1920s. He said it may or may not be attached; if not attached, he said he would not need a sideyard variance. He said the size of the proposed garage was not out of place given the size of the property, and he said the proposed structure would compliment and blend in with the house and carriage house. Mr. Elliott pointed out the dimension listed in the request were incorrect. He said the proposed new garage would be in excess of 900 square feet, putting the total square footage for accessory buildings in excess of 1,600 square feet. Mr. Valsvik asked whether the structure would be "grandfathered in." Mr. Russell said the existing accessory structures are legal non -conforming uses that are permitted as long as kept in existing use; one a structure is removed, the new structure is subject to the current ordinance requirements. Mr. Elliott moved to deny the variance request; Mr. Roetman seconded the motion. Mr. Kimble suggested the ordinance was overly -restrictive in this instance. If someone wants to build a big garage on a big lot, and the garage isn't going to be used for commercial purposes, why not? he asked. Mr. Valsvik also said he didn't see a problem with the request, considering a structure was there before. Mr. Roetman said part of the Commission's duty is to maintain the integrity of ordinances, granting exceptions based on hardship. Right or wrong (the provision regarding accessory structures), that's the ordinance, he said. Motion to deny the requested passed 4-3; Dorothy Foster, Mr. Kimble and Mr. Valsvik voted against the denial. 14 - A Variance to the frontyard setback requirement (30 feet required, 20 feet requested) for construction of a 23 by 26 foot garage at 817 S. Fifth St. in the RB, Two Family Residential District. Mr. Hesse, applicant, appeared before the Commission. He said he would like to build a 24 by 26 foot garage, rather than the 23 by 26 foot listed on the request. He said the house was built in 1890; the garage would match the house in color, pitch of the roof, and other design elements. A setback variance is needed because of a retaining wall which separates the property's front and rear yards. Mr. Elliott noted that viewed from the other side, the garage would not protrude, and would actually be more in line with other existing structures. Mr. Kimble expressed a concern about the proximity of the garage to the house. He suggested firewall sheetrock may be required on the wall closest to the house. He later suggested adding a condition that the garage be located a minimum of five feet, six inches from the residence. Mr. Wald made the motion to approve the variance as conditioned; Dorothy Foster seconded the motion. Motion passed 7-0. Case No. V/93-49 - A Variance to the side and rearyard setback requirements (5 feet side and rearyard required, 2 feet 8 inches proposed) for construction of a garage at 912 W. Laurel St. in the RB, Two Family Residential District. Ray Davis and Connie Devich, applicants, appeared before the Commission. They said the garage would be located at the extreme back and east of the lot, the only logical place on the small site. Most other garages in the neighborhood are located in about the same place on the lots. Due to a "severe mud problem" this spring, they said they had a driveway paved and had a slab poured for the garage, not knowing they would need a variance. They said although they were unaware of the need for a variance, they recognize they had made an error in proceeding. Glenna Bealka made the motion to approve the variance request; Darwin Wald seconded the motion. Motion passed 7-0. COMPREHENSIVE PLAN UPDATE Commission members were asked to turn in their questionnaires. Mr. Russell said City Council members also are being asked to complete the form. Each Commission member was asked to list their personal priority issues. There was a general discussion about the comprehensive plan as it relates to annexation issues. Mr. Russell told the Commission that staff "feels strongly" it will take a minimum of one year to complete the plan update. SHORELAND ORDINANCE 4 Mr. Russell said the ordinance will have to be brought back at a later date. In researching DNR and watershed regulations, it was found that Long Lake has to be - included in the ordinance. Duane Elliott moved to adjourn the meeting at 8:30 p.m.; seconded by Kirk Roetman. All in favor. Submitted by: Sharon Baker Acting recording secretary PLANNING APPLICATION REVIEW CASE NO. SUP/93-50 Planning Commission Meeting: September 13, 1993 Project Location: 1372 South Greeley Street Comprehensive Plan District: Medium Density Residential Zoning District: RCM Applicant's Name: Tim Thomsen, City of Stillwater; Type of Application: Special Use Permit Project Description: A Special Use Permit for the construction of a 31 foot by 32 foot storage garage. Discussion: The request is to construct a 992 square foot storage garage for the Stillwater Parks Department. The garage will be used to store various vehicles. The site, including the Lily Lake Recreation Complex, is approximately 14 acres. There is a residential complex to the south of the property but the hill will buffer the structure. Additional trees could be added to screen the area. Conditions of Approval: 1. The color of the garage shall match the parks building. 2. Landscaping shall be placed on the south and west property lines as approved by the Community Development Director. RECOMMENDATION: ApprovaT as conditioned. FINDINGS: The proposed use will not be injurious to the neighborhood or otherwise detrimental to the public welfare and is in harmony with the general purpose of the Zoning Ordinance. ATTACHMENTS: - App ication = Site Plan CASE NUMBER Case NumborS02 _-S a_ Fee Paid___ -- Date Filed PLANNING ADMINISTRATIVE F0RM Street Location of Property: 13 7---� -_ S`.:,_C' ����JZ`_�_�-------- Legal Description of Propertys___.,__--______________-_-_.._______-____ Owner: Name 4__ Address e Ile Phone: Applicant (if other than owner): Name -__ Address �_7 _ Sa__r� / _a'_ Phone: Type of Requests- ___ Rezoning ___ Approval of Preliminary Plat _ Special Use Permit ___ Approval of Final Plat ___ Variance ___ Other ------------------- Description of Request: st@169� --------------------- Signature of Applicant. Date of Public Hearing:_-__..__w-___-_________-___--__-_-----------__ 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 iront 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 ________ (dute) subject to t}-+e following conditions: ___________ -_____________________r__________-________________________________ Approved ___ Denied ___ by the Council on subject to the following conditions: ------------------------------------------------ Comments. (Use other side), So, 6k&e1e7 S°7— PLANNING APPLICATION REVIEW CASE NO. V/93-51 PLANNING COMMISSION MEETING: September 13, 1993 Project Location: 517 South Second Street Comprehensive Plan District: Two Family Residential Zoning District: RB Applicant's Name: Delwin P. Peterson Type of Application: Variance PROJECT DESCRIPTION: A variance to the rearyard and sideyard setback requirements (approximately 4 ft. sideyard proposed, 5 ft. required, approximately 2 ft. 8 i-nches rearyard proposed, 5 ft. required) for the construction of a four -stall garage. DISCUSSION: e request is to replace an existing garage which has been damaged by a fallen tree with a new garage. The garage will be located on the same foundation as the existing garage. As the applicant has stated, moving the garage to the south and west would limit access into the garage. The total square footage of the garage is 861 square feet which is allowable for an accessory building in the RB, Two Family Residential District. RECOMMENDATION: Approva . FINDINGS: e granting of this variance is necessary for the reasonable use of the property due to the existing use of the home. ATTACHMENTS: - App ication Form - Site Plan - Letter. VAC 100 Caso Numbor �� �/ _ �a Fee Paid __ -..____--- CASE NUMBER Date Filed _�_��' ij___.. PLANNING ADMINISTRATIVE FORM Street Location off Property: _S( 7 ------------ Locgal Doscriptio of Property: _ off' r Owner: Name ___-- w, ` --� --s- �`2- --- ------------ _ Sir Address _1a03--5.'Jc S�___..__-____ Phone: _'43Sq 00 Applicant (if other than owner): Name __________________--_---_-__..__-_ Address ______________________________ Phone ---------------- Typo of Requestl� ___ Rezoning ___ Approval of Preliminary Plat Special Use Permit ___ Approval of Final Plat x_ Variance other-__---__M__ ______- Description of Request: _ e b `- - - -- __ -_ _ _ _ _ ------ *NOTICE: ENGINEERIRG FEES MAY BE BILLED TO APPLICANT. 5i nature of Applicant: -- g P� --- Date of Public Hearing: NOTE. Sketch of proposed property and structure to be drawn.on ba' ,' ' arm or at- tached, showing the following: ��,���� 1. North direction. . r� 2. Location of proposed structure on lot. t!�3 3. Dimensions of front and side set-backs.rrJ 4. Dimensions of proposed structure. r-F� Y 5. Street names. Z) 6. Location of adjacent existing buildings. 7. Other information as may be requested.' l Approved ___ Denied ___ by tho'Planning Commission on ----------- (dote) subject to the following conditions: ____________________________________ ___.._---_____-_..___---r-------_______________________..----__-_---- Approved ___ Denied ___ by the Council on ________________ subject to the following conditions: ______.:..________________________________________ ------------------------------------------------------------------ Comments: (Use other side), ti -6 -}'-� _ S N OD - d N x z T S4y-cC--� "r, I 8� 1q3 T- reFC".P- 4 Q V" uQs� 0. Ua�[ctY.Ge C�.L� 1`�ip. V C 3 Sl} . 1lCJ, 7+ ! cx vtc Q l 5 V�2 e C ctU S t � ] e �q o ec3si e,,� a ,D- y► 1 Tr"Cv4 �, S d-o e �+ri mr e l 1+ e- C�s� d e rn D Ln" c r- e-cs tuto s�-er a r e �c e--. (_ r ��-tre_ ��vat, v'0-r &Ao. c. e PLANNING APPLICATION REVIEW CASE NO. V793-52 Planning Commission Meeting: September 13, 1993 Project Location: 2614 Edgewood Court Zoning District: Single Family Residential Zoning District: RA Applicant's Name: Ronald Kult Type of Application: Variance Project Description: Request to add 8 x 8.5 foot entryway to existing residence resulting in a 24 foot setback (30 feet required). Discussion: The request is to add on an 8 x 8.5 foot entryway to an existing residence in the Planned Unit Development Croixwood Addition. The front of the existing residence is 47 feet from the curb line and 32 feet from the front property line similar to other housing on that side of the street. The house across the street is set back 42 feet from the street. The request is to build the 8 foot entryway with a 39 foot street setback and 24 foot front property line setback. (See attached map.) The applicant has indicated the existing entrance is not easily handicapped accessible and inconvenient. The applicant submitted, in his application, pictures of the front of the residence. A petition signed by neighboring property owners supporting the request along with plans for the improvement have also been submitted. Required Finding for Variance: The findings or granting a variance are as follows: 1. The application for the new entrance is based on the need for better handicapped access and difficult original design. 2. The addition would be located 39 feet from the curb line and 24 feet from the front property line. A 30 foot setback is required. 3. Although neighbor petitions can not be a final determination of neighborhood compatibility, it is an indication the proposal will not be a detriment to the adjacent property. RECOMMENDATION: Approval with condition. CONDITION OF APPROVAL: 1. A minimum two foot landscaped area shall be planted beneath the front entryway window. ATTAC i0ENTS : arrs- - Petition 1'Ak' Wu CASE NUMBER_ Casa Numborv;!�� U Pe© Paid _ U -------- Date Piled �! 11`3 ---- PLANNING ADMINISTRATIVE F0I2M Street Location of Property ------2614 Edgewood court ---------------- Logal Description of Property: Lot- 26_� Block 2,- Wildpines First Addition Owner: Name __---- --- RonaldF_&Linda A. ------------------------- Address , 614Edgewood � Ct . , Stillwater_ MNN(612) 439 ^8925 Phone: --_ Applicant (if other than owner): Name ___..__-_-___-.________________-..__ Address ------------------------------ Phone: ______...__ Type of Requestr Rezoning ___ Approval of Preliminary Plat Special Use Permit ___ Approval of Final Plat xx_ Variance ___ Other ------------_ ------- To open up fron entrance of house, per attached Description of Request: ______-____..__________________________________ drawing; Entrance and landing are so small that we riot only ------------------------------------------------------------------- find it dangerous, but handicapped Father-in=law can not enter house ------------------------------------------------------------------- in his wheel -chair. Signature of Applicant; __ ..- __-__-_ Date of Public Hearing: ______.._w-________,._____--_______-__-_- NOTE: Sketch of proposed property and structure to be drawn,on back of this ~for t 9 ) tacked, showing the following: 1. North direction. 4 AUG 199•: 2. Location of proposed structure on lot. M PAM 3. Dimensions of front and side set -backs. Co C4Ty 0Fr STp LWATER 4. Dimensions of proposed structure. �q 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 ________________ subject to the following conditions: ------------------------------------------------ Comments. (Use other side), FOR: ORRIN E. THOMPSON CONSTRUCTION CORP. 1 vk C. R. WINDEN & ASSOCIATES, INC. LAND SURVEYORS Tel. 645- 3646 1381 EUSTIS ST., ST. PAUL, MINN. 55108 U I t; r � •rrn 0 ,j t tj L U l7 I. r, — - Lot 26, Block 2, Wildpines First Addition, Washington County, Minnesota, WE HEREBY CERTIFY THAT THIS IS A TRUE AND CORRECT REPRESENTATION OF A SURVEY OF THE BOUNDARIES OF THE LAND ABOVE DESCRIBED AND OF THE LOCATION OF ALL BUILDINGS, IF ANY, THEREON, AND All VISIBLE ENCROACHMENTS, IF ANY, FROM OR ON SAID LAND. Dated this 24C~day of An�'�� A.D. 197,e C. R. WINDEN 8, ASSOCIATES, INC. by Surveyor, Minn*sota Ropistralion No. 9'808 i24.9 2. Variances. a. Purpose. The purpose of a variance is to allow variation from the strict application of the terms of this title where, by reason of the exceptional narrowness, shallowness or unusual shape of a specific piece of property or by reason of exceptional size, shape, topographic conditions or the extraordinary condition of the property; or because of the use or development of lands immediately adjoining the property, the literal enforcement of the requirements of this title would involve practical difficulties or would cause undue hardship, which are unnecessary to carry out the intent and purpose of this title. b . General Provisions. In no case shall a variance be granted to permit a use or a density other than a use or density permitted in the district in which the property in question is situated. Nonconforming uses of neighboring lands, structures or buildings in the same district or other districts shall not be considered grounds for issuance of a variance. C. Procedure. A public hearing shall be held by the Planning Commission. Findings Required. A variance may be granted only when all of the 0 following conditions are found: 1. That a hardship peculiar to the property, not created by any act of the owner, exists. In this context, personal, family or financial difficulties, loss of prospective profits and neighboring violations are not hardships justifying a variance. 2. That a variance is necessary for the preservation and enjoyment of substantial property rights possessed by other properties in the same district and in the same vicinity; and that a variance, if granted, would not constitute a special privilege of the recipient not enjoyed by his neighbors. 3. That the authorizing of the variance will not be of substantial detriment to adjacent property and will not materially impair the purpose and intent of this title or the public interest nor adversely affect the Comprehensive Plan. e_ Recurrent Conditions. A variance shall not be authorized if the Community Development Director finds that the condition of the property or the intended use of the property for which the variance is sought is so general or recurrent in nature that a general regulation for such condition or situation. f. Precedents. A previous variance shall not be considered to have set a precedent for the granting of further variances; each case must be considered only on its individual merits. L.j J 1 r Yf August 7, 1993 Attached, please find a blue print which we will be submitting to the Washington County Planning Comm. in which we will be applying for a variance to open up the fromentrance to our home. There will be a public hearing on this on 9/13/93 and it has been suggested that if our sur-rounding neighbors have seen the plans and have no problem with the variance, it could be to our benefit. We would appreciate if you have no objections to our opening up our fromentrance, that you would list your address and sign below. Thank you for your considerations. Ronald & Linda Kult 2614 Edgewood Court Stillwater, MN 55082 NAME 1� ADDRESS SIGNATURE L rtzr vTwr ht+l�Yay Ftj If N7T6'' k'�FnCF nfh vxa• yr�c.r. !•1wa.H7 Pr - { y f I' ..�•,} ylz" f -P LHir Y� +.f Aut.7 A*P_W^Wu •. y pgr­ %4'^ s }fj A1l& e—MVTFh l2" blovw --a'''. - •�•-' . is �rq-1OF • ._ ."'"� _ -:d.. _ .r. - _ . _ I• .vc'xs.v'�'�c".'` �M�v"""`y'..„, {. trfi'�1P"1 tQ -to_ :�7' . �'S.�ii.. =:# - ..._',r; :. '....... �'-- . •'` - ... :I _ -- 4 fii�''r{�•�,; --;' !`«xwT, �LUTr�-i F.ct(• MPA Jn xE • • - ]. .. rz- , �. � •.. . ••::. =:r - I . •, �� • ,may � V � � �i X 1 5 `(, _ i �..'.�:' ._I .w�i.�T . .. r•* f� � Pt;. �... • ,. ( 1' ' � � ,.. �...e!...��zF �a I !; I, j Av 1W tires r Nca o�,Ev To r1Ar / ! , �.. N . O T I C E m } BUILDER SHALL VERIFY ALL DIMENSIONS,: :. J # -SIZES AND LOCATIONS REPORT TO DESIGNER ANY ERRORS OR OMISSIONS �{ IEx«r• �xy�'r" ' �° �''� rzR�n P E'• _FORE PROCEEDING. ! rs' � THESE PLANS I�.i_FE-PREFA E�J BY YOUR: ARROW BU.1-LDING CENTER Win— 4t#N"��5�s fib? � CL• `• :. • - •.. y .. '. �r: • - .. :. � sr:'x'-�,, ,,;;fi'� ,A : L►A►GA• ¢. �� ,�ul✓T�. .. . • ., .. 'y �_ ���`D+• �FYISED'� y � C,yrF :T 'y �J 7� PLANNING APPLICATION REVIEW CASE NO. V 93-53 Planning Commission Meeting: September 13, 1993 Project Location: 313 West Laurel Street Comprehensive Plan District: Two Family Residential Zoning District: RB Applicant's Name: Daniel Horejsi Type of Application: Variance Project Description: A Variance to the sidyeard setback requirement (1 ft. proposed, 5 ft. required) for the construction of a 22 ft. by 28 ft. garage. Discussion: he request is to construct a 22 ft. by 28 ft. two -car garage on the same location as an existing one -car garage. The new garage will provide covered parking for two cars. The applicant has stated he plans to remove the stairway and doorway in order to provide easier access to the garage. In analyzing the proposal, this location would indeed be the best location for the garage. The property is quit narrow and this proposal would leave more area for open space in the rear yard. RECOMMENDATION: Approval with conditions. CONDITIONS OF APPROVAL: 1. All building code regulations pertaining to fire protection must be met. 2. The roof drains shall be installed so all run-off remains on site. FINDINGS: die granting of this variance is reasonable due to the narrow lot and driveway. ATTACHMENTS: - Application Form - Site Plan. PAC 100 Case Dumber Fee Paid _ _ Date Filed PLANNING ADMINISTRATIVE- FORM Street Location of Property: __ 3___ �_.. '._; `_�'-_-------- . . Legal Description of Property: L�___11"c.._3+_ 4-�!�t Owner. Name J � oG .,_ S a�_' - -- ---------_- Address _ �'`� ��-�1!%2 -5-------- Phone: Applicant (if other than owner): Name .._____--_----_______r...___-____-_- Address------------------------------ Phone: _-_--___--_-__- Type of Request.- ___ Rezoning ___ Approval" * of Preliminary Plot Special Use Permit ___ Approvalof Final Plat ,Variance ___ Other _- ------- Description of Request:Cr'L11�{.`--r,�'�t�7x1J1 _�?�;.__[N_l!."°�--3 - --r--------------------- :-;----------------- f _Y;e ��-------- Signature of Applicant:`_ r Date of Public Hearing: ' NOTE: Sketch of proposed property and structure to be drawa.on back of t` is form or at- tached, showing the following; 1. North direction.14 2. Location of proposed structure on lot AUG199'. 3. Dimensions of front and side set -backs. 4. Dimensions of proposed structure. PAW wMO 5. Street names. ^r�� 6. Location of adjacent existing buildings. � L 7. Other information as may be requested. rf) IPI° a Approved ___ Dcnied ___ by the'Planning Commission on ----------- (dater' subject to the following conditions: ---------- __________________________ ------------------------------------------------------------------ Approved ___ Denied ___ by the Council on ________________ subject to the following conditions: ------------------------------------------------- ------------------------------------------------------------------- Comments. (Use other side), To (n���4���•Cr� � � 7�} �-rn-���� -- �o ( lam) . J ��.<.zc.� �� . �3 r C (�l,e)Yte,c� �.•���'�i ��.�' ,y,y( � /`�'�.��,% �ti���� �Z�-c�� icy /'G�. !��-��-="ifs /u' �//' ��C�•�C .� �/LGZLL r�G'�� � Crfl.Lc�+� !.P J n Listed ist a,garage; this gambrel roof design'wi4f give yau'raflin for atures.a"dormer, plykod siding, (2) 9x 7' raised parcel gel doors, steel service door, (3) double hung windows and )S..195.2542 ]M1fith Rafters i5-3486............ .:........ ....... :....... .................................. SCa,579* .. .............:............ s5,999* PLANNING APPLICATION REVIEW CASE NO. V/93-54 Planning Commission Meeting: September 13, 1993 Project Location: 402 South Owen Street Zoning District: RB, Two Family Residential District Applicant's Name: Leon Nesvacil Type of Application: Variance. PROJECT DESCRIPTION Variance to the corner sideyard setback for construction of an addition to a single family residence. DISCUSSION e request is for a one foot corner sideyard setback. Thirty feet is required. The existing residence is setback eleven feet from the property line. (See attached site map.) The right-of-way extends approximately fifteen feet into the lot from the curb. The lot is narrow (60 feet) for a corner lot. There are other locations on the site that could accommodate the addition. circumstances for the request have not been presented. RECOMMENDATION: Denia T . FINDING: 1. A one foot sideyard setback is not consistent with the zoning requirements and no unique circumstances have been presented that create a hardship. ATTACHMENT: - PT-ans. PAC ) 00 = Case Number ----------- Fee Paid ._-_-_-..-__- Date Filed __-__-__--_-_- PLANNING ADMINISTRATIVE FORM Street Location of Property: 402 So_ Owens StStillwaterMN____________ Legal Doscription of Property:Lot 1 and No, 17ft;_of _Lot 3_ Block 3 Grav,and Slaughter's Addition Owner: Name _Leon and Ruth Nesvacil____________-__•_--------------- Address _255 Arcwood Rd Mahtomedi, MN Phone: _777=1020--__ Applicant (if other than owner): Name_________W__-_________________--_ Address ____ Phone: Type of Request:' ___ Rezoning ___ Approval of Preliminary Plat Special Use Permit ___ Approval of Final Plat x _ Variance ___ Other ----------- ________ Description of Request: To erect an addition to existing residential _structure -at_4_0_?_ EQ�Qw_ejjB_.S ,_ill _w• Ijch_tl ,et back from property_line 1see sketchl is 16 feet -from northpraperty line.________ _ Signature or Applicant: _____________ Date of Public Hearing: ________ -__________________________________- NOT:: Sketch of proposed property and structure to be drawn.on back of Ll is form or at. tached, showing the following: 1. North direction. 2. Location of proposed structure on lot. 3. Dimensions of from. and side set -backs. 4. Dimensions of proposed structure. S. Street names. 6. Location of adjacent existing buildings. 7. Other information as may be requested. Approved ___ Denied ___ by the'Planning Commission on ----------- (date) subject to the following conditions: _____________________________'_____ -- Approved ___ Denied ___ by the Council on ________________ subject to the following conditions: -_-__-_-________...-______-__--_______________ ___ Coilrnen s: (Use other side), _ August 19, 9 993 To: Planning Commission City of Stillwater, Minnesota This will apply for a variance from existing building code for an addition to a residential structure at 402 S. Owens St,,. Stillwater; MN. The variance requested in this addition is to place the addition on the North (and West) sides of the existing structure with a setback from Oak Street of 16 feet, the same set back that was present on a garage present on this property until 1982, The basis for this request is as follows; 1, Need for more space The occupants of this home are our daughter, her husband, and their 5 children, ranging in age from newborn to age 9 2; they have lived in this home since 1982, The present home has only two bedrooms. 2, Safety The children's main and best play area is the SW part of the lot in good view of the parents from kitchen windows on the south and west side of the home. Any addition on the SW part of the present home will disrupt this safe play area and obstruct the view of playing children from these kitchen windows, Therefore. we request an addition be placed on the NW part of lot (towards Oak St. ) adding a natural barrier from Oak St, traffic and preserving the children's safe play area. 3. Lot and home configuration: uThe lot is a long, narrow property being 76 x 135 ft the home, an 18 ft wide x 342 ft, deep structure set on this lot and the only possible addition would be the west side of the present home, The trees surrounding the home, of which 4 narrowly hem in the home also dictate a westerly addition without destruction of trees, (see sketch) 4, Precedent A precedent as to set back existed for this home for thirty to forty, years in the situation of a garage on the N and W side of the home, The set back from Oak St, for this garage was 16 ft., precisely what is asked for in this variance request, This garage was removed in 1.982,due to poor condition but was always planned to be replaced by some addition to the home, Because of the hardship the above reasons document, and the precedent of a pre-existing structure, we request this building code variance to accomodate the living needs of this family., L, J, and Ruth Nesvacil 4� 1 N ti 9 79� 3 s 3 4 5U I 9 9 9 6"w' 7 9, 7 7 9 '7 9790 U i G U 9 3100 �r 0 -3 3 3 z a 2 \ � s � C, c s 0 L �a 2z. 3�'af QZ O ■ AfAl l 1 9�v 'I10a �z � J1f/ _ 95 33-6-0 ka bm co f, v 9�9� 3 300 3I .3 1 • 6 ' WA 7-^e til giN / 9 2.1 f7/-' 43 —J 09 • se Ir-oz 99 tri E w I s Price f` " I S Kaic� a-i- aN (:,* qoa,, GweAc x s-f; l lwOACY- / M N Lw� I NArp SC�IG0. 1 I 1# 5 1 � Spruce, 8il 4 S-�a; f t1C 14,51 water THE BIRTHPLACE OF MINNES 0 T A NOTICE OF PUBLIC HEARING VARIANCE REQUEST NOTICE IS HEREBY GIVEN that the City Council of the City of Stillwater, Minnesota, will meet on Monday, September 13, 1993 at 7:00 P.M. in the Council Chambers of City Hall, 216 North Fourth Street, to consider a request from Leon and Ruth Nesvacil for a Variance to the sideyard setback requirement on a corner lot (16 feet proposed, 30 feet required) for an addition to a residential structure. The property is located at 402 South Owens Street in the RB, Two Family Residential District. Case No. V/93-54. All persons wishing to be heard with reference to this request will be heard at this meeting. Mary Lou Johnson City Clerk Publish: We will be out of town for t4is meeting, 'eut -.;e are in favor of `;ranting the variance proposed for case no. V/93-54 at 402 So. Owens _;t Signed `A3 CITY HALL: 216 NORTH FOURTH STILLWATER, MINNESOTA 55082 PHONE: 612-439-6121 water THE BIRTHPLACE OF MINNESOTA MEMORANDUM TO: PLANNING COMMISSION FROM: ANN PUNG-TERWEDO DATE: SEPTEMBER 13, 1993 SUBJECT: SHORELAND ORDINANCE The attached Shoreland Ordinance is the last of a list of ordinances which the City needed to be adopted as part of the implementation of the Brown's Creek and Middle River Surface WAter Management plans. The Shoreland Ordinance will regulate development on Lily Lake, Lake McKusick, Long Lake and Brown's Creek. The ordinance, as written, is quite lengthy and some subdivisions of the ordinance do not apply to the present City limits. However, if and when annexations do occur, the ordinance would play an important role in regulating the subdivision of land and future development as it impacts lakes and streams. The purpose of the ordinance is to preserve lakes and streams and enhance surface water quality. CITY HALL: 216 NORTH FOURTH STILLWATER, MINNESOTA 55082 PHONE: 612-439-6121 ORDINANCE NO. AN ORDINANCE AMENDING CHAPTER 31.01 OF THE-STILLWATER CITY -CODE BY ADDING SUBDIVISION 33, SHORFLAND MANAGEMENT REGULATIONS The City Council of the City of Stillwater does ordain: Section I. Amending. Section 31.01, Subd. 33 of the Stillwater City Code is added and shall hereafter read as follows: "Subdivision 1. INTENT AND PURPOSE. The city finds that the protection of lakes, streams and water courses within its boundaries is critical for the health, safety, order and general welfare of its citizens and to preserve and enhance the quality of surface water and preserve the economic and natural environmental values of shoreland. It is the intent of the city to preserve shoreland areas for the purpose of: 1. Regulating the areas of a lot and the length of water frontage suitable for building sites. 2. Regulating the alteration of shorelands of public waters. 3. Regulating alterations of the natural vegetation and the natural topography along shorelands. 4. Conversing and developing natural resources and maintaining a high environmental quality. Subd. 2. GENERAL PROVISIONS AND DEFINITIONS_ 1. Compliance. The use of any shoreland of public waters; the size and shape of lots; the use, size, type and location of structures on lots; the installation and maintenance of water supply and waste treatment systems, the grading and filling of any shoreland area; the cutting of shoreland vegetation; and the subdivision of land shall be in full compliance with the terms of this ordinance and other applicable regulations. 2. Enforcement. The Community Development Director is responsible for the administration and enforcement of this ordinance. Any violation of the provisions of this ordinance or failure to comply with any of its requirements (including violations of conditions and safeguards established in connection with grants of variances or conditional uses) shall constitute a misdemeanor and shall be punishable as defined by law. 3. Interpretation. In their interpretation and application, the provisions of this ordinance shall be held to be minimum requirements and shall be liberally construed in favor of the governing body and shall not be deemed a limitation or repeal of any other powers granted by state statutes. 4. Severability. If any section, clause, provision or portion of this ordinance is adjudged unconstitutional or invalid by a court of competent 1 jurisdiction, the remainder of this ordinance shall not be affected. 5. Abrogation and Greater Restrictions. It is not intended by this ordinance to repeal, abrogate, or impair any existing easements, covenants, or deed restrictions, the provisions of this ordinance shall prevail. All other ordinances inconsistent with this ordinance are hereby repealed to the extent of the inconsistency only. 6. Definitions. Unless specifically defined below, words or phrases used in this ordinance shall be interpreted so as to give them the same meaning as they have in common usage and so as to give this ordinance its most reasonable application. For the purpose of this ordinance, the words "must" and "shall" are mandatory and not permissive. All distances, unless otherwise specified, shall be measured horizontally. 7. Accessory structure or facility. Accessory structure or facility means any building or improvement subordinate to a principal use which, because of the nature of its use, can reasonably be located at or greater than normal structure setbacks. 8. Bluff. Bluff means topographic feature shall as a hill, cliff or embankment having the following characteristics (an area with an average slope of greater than 18 percent over a distance for 50 feet or more shall not be considered part of the bluff): a. Part of or all of the feature is located in the shoreland area. b. The slope rises at least 25 feet above the ordinary high water level of the waterbody. C. The grade of the slope from the toe of the bluff to a point 25 feet or more above the ordinary high water level averages 30 percent or greater. d. The slope must drain toward the waterbody. 9_ Bluff Impact Zone. Bluff impact zone means a bluff and land located within 20 feet from the top of a bluff. 10. Boathouse. Boathouse means a structure designed and used solely for the storage of boats or boating equipment. 11. Building Line. Building line means a line parallel to a lot line or the ordinary high water level at the required setback beyond which a structure may not extend. 12. Commercial Planned Unit Development. Commercial planned unit developments are typically uses that provide transient, short-term lodging spaces, rooms or parcels and their operations are essentially service -oriented. For example, hotel/motel accommodations, resorts, recreational vehicle and camping parks and other primarily service -oriented activities are commercial planned unit developments. 2 13. Commercial Use. Commercial use means the principal use of land or buildings for the sale, lease, rental or trade or products, goods and services. 14. Commissioner. Commissioner of the Department of Natural Resources. 15. Conditional Use. Conditional use means a land use or development as defined by ordinance that would not be appropriate generally but may be allowed with appropriate restrictions as provided by official controls upon a finding that certain conditions as detained in the zoning ordinance exist, the use or development conforms to the comprehensive land use plan of the community and the use is compatible with the exiting neighborhood. 16. Deck. Deck means a horizontal, unenclosed platform with or without attached railings, seats, trellises, or other features, attached or functionally related to a principal use or site and at any point extending more than three feet above ground. 17. Duplex, Triplex and Quad. Duplex, triplex and quad means a dwelling structure on a single lot, having two, three and four units, respectively, being attached by common walls and each unit equipped with separate sleeping, cooking, eating, living and sanitation facilities. 18. Dwelling Site. Dwelling site means a designated location for residential use by one or more persons using temporary or movable shelter, including camping and recreational vehicle sites. 19. Dwelling Unit. Dwelling unit means any structure or portion of a structure or other shelter designed as short- or long-term living quarters for one or more persons, including rental or timeshare accommodations such as motel, hotel and resort rooms and cabins. 20. Extractive Use. Extractive use means the use of land for surface or subsurface removal of sand, gravel, rock industrial minerals, other nonmetallic minerals and peat not regulated under Minnesota Statutes, Sections 93.44 to 93.51. 21. Forest Land Conversion. Forest land conversion means the clear cutting of forested lands to prepare for anew land use other than reestablished of a subsequent forest stand. 22. Guest Cottage. Guest cottage means a structure used as a dwelling unit that may contain sleeping spaces and kitchen and bathroom facilities in addition to those provided in the primary dwelling unit on a lot. 23. Hardship. Circumstances unique to an individual property which would deny the property owner a reasonable use of the land. 24. Height of Building. Height of building means the vertical distance between the highest adjoining ground level at that building or ten feet above the lowest ground level, whichever is lower, and the highest point of a flat 3 roof or average height of the highest gable of a pitched or hipped roof. 25. Industrial Use. Industrial use means the use of land or buildings for the production, manufacture, warehousing, storage or transfer or goods, products, commodities or other wholesale items. 26. Intensive vegetation clearing. Intensive vegetation clearing means the complete removal of trees or shrubs in a contiguous patch, strip, row or block. 27. Lot. Lot means a parcel of land designated by plat, metes and bounds, registered land survey, auditors plot or other accepted means and separated from other parcels or portions by said description for the purpose of sale, lease or separation. 28. Lot Width. Lot width means the shortest distance between lot lines measured at the midpoint of the building line. 29. Nonconformity. Nonconformity means any legal use, structure or parcel of land already in existence, recorded or authorized before the adoption of official controls or amendments thereto that would not have been permitted to become established under the terms of the official controls as now written, if the official controls had been in effect prior to the date it was established, recorded or authorized. 30. Ordinary High Water Level. Ordinary high water level means the boundary of public waters and wetlands, and shall be an elevation delineating the highest water level which has been maintained for a sufficient period of time to leave evidence upon the landscape, commonly that point where the natural vegetation changes from predominantly aquatic to predominantly terrestrial. For watercourses, the ordinary high water level is the elevation of the top of the bank of the channel. For reservoirs and flowage, the ordinary high water level is the operating elevation of the normal summer pool. 31. Planned Unit Development. Planned unit development means a type of development characterized by a unified site design for a number of dwelling units or dwelling sites on a parcel, whether for sale, rent or lease, and also usually involving clustering of these units or sites to provide areas of common open space, density increases, and a mix of structure types and land uses. These developments may be organized and operated as condominiums, time-share condominiums, cooperatives, full fee ownership, commercial enterprises, or any combination of these, or cluster subdivisions of dwelling units, residential condominiums, townhouses, apartment buildings, campgrounds, recreational vehicle parks, resorts, hotels, motels and conversions of structures and land uses to these uses. 32. Public Waters. Public waters means any waters as defined in Minnesota Statutes, Section 105.37, Subds. 14 and 15. 33. Residential Planned Unit Developemnt. Residential Planned Unit Development means a use where the nature of residency is nontransient and the major 4 or primary focus of the development is not service -oriented. For example, residential apartments, manufactured home parks, time-share condominiums, townhouses, cooperatives and full fee ownership residences would be considered as residential planned unit developments. To qualify as a residential planned unit developemnt, a development must contain at least five dwelling units or sites. 34. Semipublic Use. Semipublic use means the use of land by a private, nonprofit organization to provide a public service that is ordinarily open to some persons outside the regular constituency of the organization. 35. Sensitive Resource Management. Sensitive resource management means the preservation and management of areas unsuitable for development in their natural state due to constraints such as shallow soils over groundwater or bedrock, highly erosive or expansive soils, steep slopes, susceptibility to flooding, or occurrence of flora or fauna in need of special protection. 36. Setback. Setback means the minimum horizontal distance between a structure, sewage treatment system or other facility and an ordinary high water level, sewage treatment system, top of a bluff, road, highway, property line or other facility. 37. Sewage Treatment System. Sewage treatment system means a septic tank and soil absorption system or other individual or cluster type sewage treatment system as described and regulated in Section 5.8 of this ordinance. 38. Sewer System. Sewer system means pipelines or conduits, pumping stations, and force main, and all other construction, devices, appliances or appurtenances used for conducting sewage or industrial waste or other wastes to a point of ultimate disposal. 39. Shore Impact Zone. Shore impact zone means land located between the ordinary high water level of a public water and a line parallel to it at a setback of 50 percent of the structure setback. 40. Shoreland. Shoreland means land located within the following distances from public waters: 1,000 feet from the ordinary high water level of a lake, pond or flowage; and 300 feet from a river or stream or the landward extent of a floodplain designated by ordinance on a river or stream, whichever is greater. The limits of shorelands may be reduced whenever the waters involved are bounded by topographic divides which extend landward from the waters for lesser distances and when approved by the commissioner. 41. Significant Historic Site. Significant historic site means any archaeological site, standing structure or other property that meets the criteria for eligibility to the National Register of Historic Places or is listed in the State Register of Historic Places or is determined to be an unplatted cemetery that falls under the provisions of Minnesota Statutes, Section 307.08. A historic site meets these criteria if it is presently listed on either register or if it is determined to meet the qualifications for listing after review by the Minnesota state 5 archaeologist or the director of the Minnesota Historical Society. All unplatted cemeteries are automatically considered to be significant historic sites. 42. Steep Slope. Steep slope means land where agricultural activity or development is either not recommended or described as poorly suited due to slope steepness and the site's soil characteristics, as mapped and described in available county soil surveys or other technical reports,unless appropriate design and construction techniques and farming practices are used in accordance with the provisions of this ordinance. Where specific information is not available, steep slopes are lands having average slopes over 12 percent, as measured over horizontal distances of 50 feet or more, that are not bluffs. 43. Structure. Structure means any building or appurtenance, including decks, except aerial or underground utility lines, such as sewer, electric, telephone, telegraph, gas lines, towers, poles and other supporting facilities. 44. Subdivision. Subdivision means land that is divided for the purpose of sale, rent or lease, including planned unit developments. 45. Surface Water -oriented Commercial Use. Surface water -oriented commercial use means the use of land for commercial purposes, where access to and use of a surface water feature is an integral part of the normal conductance of business. Marinas, resorts and restaurants with transient docking facilities are examples of such use. 46. Toe of the Bluff. Toe of the bluff means the lower point of a 50-foot segment with an average slope exceeding 18 percent. 47. Top of the Bluff. Top of the bluff means the higher point of a 50-foot segment with an average slope exceeding 18 percent. 48. Variance. Variance means the same as that term is defined or described in Minnesota Statutes, Chapter 462. 49. Water -oriented Accessory Structure or Facility. Water -oriented accessory structure or facility means a small, above ground building or other improvement, except stairways, fences, docks and retaining walls, which, because of the relationship of its use to a surface water feature, reasonably needs to be located closer to public waters than the normal structure setback. Examples of such structures and facilities include boathouses, gazebos, screen houses, fish houses, pump house and detached decks. 50_ Wetland. Wetland means a surface water feature classified as a wetland in the United States Fish and Wildlife Service Circular No. 30 (1971 Edition). 0 Subd. 3. ADMINISTRATION. 1. Permits Required. A permit is required for the construction of buildings_ or building additions (and including such related activities as construction of decks and signs) alteration of sewage treatment systems and grading and fill activities. The application shall include the necessary information so that the Community Development Director can determine the sites suitability for the intended use. 2. Notification to the Department of Natural Resources. Copies of all notices of any public hearing to consider variances, amendments or conditional uses for those lakes which are classified with the criteria found in Minnestoa Regulations Part 6120.3300 and the Protected Waters Inventory Map for Washington County, Minnesota, must be sent to the Commissioner or the Commissioner's designated representative and postmarked at least ten days before the hearing. Notice of the hearing to consider proposed subdivisions/plats must include copies of the subdivision/plat. 3. Variances. Variances may only be granted in accordance with Minnesota Statutes Chapter 4623 as applicable. A variance may not circumvent the general purposes and intent of this ordinance. No variance may be granted that would allow any use that is prohibited in the zoning district in which the subject property is located. Conditions may be imposed in the granting of a variance to ensure compliance and to protect adjacent properties and the pubic interest. In considering a variance request, the board of adjustment must also consider whether the property owner has reasonable use of the land without the variance, whether the property is used seasonally or year-round, whether the variance is being requested solely on the basis of economic considerations, and the characteristics of development on adjacent property. The Planning Commission shall hear and decide requests for variances in accordance with the rules that it has adopted for the conduct of business. When a variance is approved after the Department of Natural Resources has formally recommended denial in the hearing record, the notification of the approved variance required in Section 2 shall also include the commission's summary of the public record/testimony and the findings of facts and conclusions which supported the issuance of the variance. 4. Reconstruction of Nonconforming Sewage Treatment Systems. A permit authorizing an addition to an existing structure shall stipulate that an identified nonconforming sewage treatment system, as defined in Subd. 8 shall be reconstructed or replaced in accordance with the provisions of the Uniform Building Code. 5. Certificate of Zoning Compliance. The Community Development Director shall issue a certificate of compliance for each activity requiring a permit as specified in Subd. 9 (1) of this ordinance. This certificate will specify that the use of land conforms to the requirements of this ordinance. Any use, arrangement, or construction at variance with that authorized permil_ shall be deemed a violation of this ordinance and shall be punishable as provided in Subd. 4 of this ordinance. 7 Subd. 4. SHORELAND CLASSIFICATION SYSTEM AND LAND USE DISTRICTS. The_.public___ waters of the City of Stillwater have been classified consistent with the criteria found in Minnesota Regulations Part 6120.3300 and the Protected Waters Inventory Map for Washington County, Minnesota. 1. Natural Envirnnment. a. Lakes. Long Lake LS(2). b. General Development. Lily Lake Lake McKusick C. Streams and Rivers. Brown's Creek and its tributaries. 2. Land Use Districts for Lakes. All lands within shoreland areas in the City of Stillwater shall be designated as a Residential Use District. The following uses are permitted: a. Permitted Uses. 1. Single Family Residential. 2. Parks and Historic Sites. 3. Agricultural cropland and pasture. b. Uses permitted with a Special Use Permit. 1. Cluster residential development with the density not to exceed the development regulations of the zoning district. 3. Land Use Districts for Rivers. a. Permitted Uses. 1. Single Family Residential 2. Parks and Historic Sites. b. Uses permitted with a Special Use Permit. 1. Cluster residential development with the density not to exceed the development regulations of that zoning district. Subd. 5. ZONING AND WATER SUPPLY/SANITARY PROVISIONS. 1. Lot Area and Width Standards. The lot area and lot width standards for single family residential lots created after the date of enactment of this 8 ordinance for any lake and river/stream classification are the following: Area Width a. Unsewered lakes Natural Environment 2 acres 200' Recreational Development 2 acres 200' General Development 2 acres 200' b. Sewered Lakes Natural Environment 20,000 sq. ft. 100' Recreational Development 20,000 sq. ft. 100' General Development 20,000 sq. ft. 100' Subd. 6. PLACEMENT OF STRUCTURES ON LOTS. When more than one setback applies to a site, structures and facilities must be located to meet all setbacks. 1. Structure and on -site sewage system setbacks from the ordinary high water mark. Sewage Structures Treatment Classes of Public Waters Unsewered Sewered System Lakes Natural Environment 150 150 150 Recreational Development 100 75 75 General Development 75 50 50 Rivers 150 150 100 Tributaries 100 50 75 2. Additional Structure Setbacks. The following additional structure setbacks apply, regardless of the classification of the waterbody: Setback From: Setback (in feet Top of bluff 30 Unplatted cemetery 50 Right-of-way line of federal, state or county highways 50 Right-of-way line of town road public street or other roads or streets not classified 30 Subd. 7. DESIGN CRITERIA FOR STRUCTURES. 1. High Water Elevations. Structures must be placed in accordance with any floodplain regulations applicable to the site. Where these controls do not exist, the elevation to which the lowest floor, including basement, is placed or floodproofed must be determined as follows: 9 a_ For lakes, by placing the lowest floor at a level at least three feet above the highest known water level or three feet above -the ordinary high water level, whichever is higher. b. For rivers and streams, by placing the lowest floor at least three feet above the flood of record, if data is available. If data is not available, by placing Lhe lowest floor at least three feet above the ordinary high water level, or by conducting a technical evaluation to determine effects of proposed construction upon flood stages and flood flows and to establish a flood protection elevation. Under all three approaches, technical evaluations must be done by a qualified engineer or hydrologist consistent with the Washington County Floodplain Management Ordinance. If more than one approach is used, the highest flood protection elevation determined must be used for placing structures and other facilities. 2. Stairways, Lifts and Landings. Stairways and lifts are the preferred alternative to major topographic alterations for achieving access up and down bluffs and steep slopes to shore areas. Stairways and lifts must meet all of the following design requirements: a. Stairways and lifts must not exceed four (4) feet in width on residential lots; b. Landings for stairways and lifts on residential lots must not exceed 32 square feet in area; C. Canopies or roofs are not allowed on stairways, lifts or landings; d. Stairways, lifts and landings may be either constructed above the ground on posts or pilings or placed into the ground, provided they are designed and built in a manner that ensures control of soil erosion. e. Stairways, lifts and landings must be located in the most visually inconspicuous portions of lots, as viewed from the surface of the public water assuming summer, leaf -on conditions, whenever practical; and f. Facilities such as ramps, lifts or mobility paths for physically handicapped persons are also allowed for achieving access to shore areas, provided that the dimensional and performance standards of subitems (a) to (e) are complied with in addition to the requirements of Minnesota Regulations, Chapter 1340. 3. Significant Historic Sites. No structure may be placed on a significant historic site in a manner that affects the values of the site unless adequate information about the site has been removed and documented in a public repository. 4. Steep Slopes. The applicant must evaluate possible soil erosion impacts 10 and development visibility from public waters before applying for a permit for construction of sewage treatment systems, roads, driveways, structures or other improvements on steep slopes. When determined necessary, conditions must be attached to issued permits to prevent erosion and to preserve existing vegetation screening of structures, vehicles and other facilities as viewed from the surface of public waters, assuming summer, leaf -on vegetation. 5. Height of Structures. All structures in residential districts, except churches and nonresidential agricultural structures, must not exceed 35 feet in height. 6. Shoreland Alterations. Alterations of vegetation and topography will be regulated to prevent erosion into public waters, fix nutrients, preserve shoreland aesthetics, preserve historic values, prevent bank slumping and protect fish and wildlife habitat. 7. Vegetation Alterations. a. Vegetation alteration necessary for the construction of structures and sewage treatment systems and the construction of roads and parking areas are exempt from the vegetation alteration standards that follow. b. Removal or alteration of vegetation is allowed subject to the following standards: 1. Selective removal of natural vegetation shall be allowed, provided sufficient vegetative cover remains to screen cars, dwellings and other structures, piers, docks and marinas, when viewed from the water. 2. No cutting or removal of trees over six inches in diameter measured at a point two feet above ground level within the required building setback shall be permitted unless the trees are dead or diseased. A certificate of compliance must be obtained prior to the removal of any trees. 3. Natural vegetation shall be restored insofar as feasible after any construction project is completed in order to retard surface run-off and soil erosion. 4. The provisions of this section shall not apply to allowed uses which normally require the removal of natural vegetation or to the removal of trees, limbs or branches that are dead, diseased or pose safety hazards. 5. Connections to Public Waters. Excavations where the intended purpose is connection to a public water, such as boat slips, canals, lagoons and harbors will only be allowed after the Department of Natural Resources has approved the proposed connection to public waters. 11 8. Placement and Design of Roads, Driveways and Parking Areas. a. Public and private roads and parking areas must be designated to take advantage of natural vegetation and topography to achieve maximum screening from view from public waters. Documentation must be provided by a qualified individual that all roads and parking areas are designed and constructed to minimize and control erosion to public waters consistent with the field office technical guides of the local soil and water conservation district, or other applicable technical materials. b. All new roads, driveways and parking areas must meet water body structure setbacks and must not be placed within bluff and shore impact zones. C. Public and private watercraft access ramps, approach roads and access -related parking areas may be placed within shore impact zones provided the vegetative screening and erosion control conditions of this subpart are met and a certificate of compliance is issued by the Community Development Director. 9. Specific Standards. a_ Impervious surface coverage of lots must not exceed 25 percent of the lot area. b. When constructed facilities are used for stormwater management, documentation must be provided by a registered engineer that they are designed and installed consistent with the field office technical guide of the local soil and water conservation district. C. New constructed stormwater outfalls to public waters must provide for filtering or settling of suspended solids and skimming of surface debris before discharge. 10. Standards for Public Uses. a. Surface water -oriented public uses with similar needs to have access to and use of public waters may be located on parcels or lots with frontage on public waters. Those uses with water -oriented needs must meet the following standards: 1. In addition to meeting impervious coverage limits, setbacks, and other zoning standards in this ordinance, the uses must be designed to incorporate topographic and vegetative screening of parking areas and structures. 2. Uses that require short-term watercraft mooring for patrons must centralize these facilities and design them to avoid obstructions of navigation and to be the minimum size necessary to meet the need. 12 3. Uses that depend on patrons arriving by watercraft may use signs and lighting to convey needed information to the public, subject to the following general standards: a. No advertising signs or supporting facilities for signs may be placed in or upon public waters. Signs conveying information or safety messages may be placed in or on public waters by a public authority or under a permit issued by the county sheriff. b. Signs may be placed, when necessary, within the shore impact zone if they are designed and sized to be the minimum necessary to convey the location and name of the establishment and the general type of goods or services available. The signs must not contain other detailed information such as product brands and prices, must not be located higher than ten feet above the ground, and must not exceed 32 square feet in size. If illuminated by artificial lights, the lights must be shielded or directed to prevent illumination out across public waters. A sign permit must be obtained from the Community Development Director. c. other outside lighting may be located within the shore impact zone or over public waters if it is used primarily to illuminate potential safety hazards and is shielded or otherwise directed to prevent direct illumination out across public waters. This does not preclude use of navigational lights. 11. Agricultural Use Standards. a. General cultivation farming, grazing, nurseries, horticulture, truck farming, sod farming and wild crop harvesting are permitted uses if steep slopes and shore and bluff impact zones are maintained in permanent vegetation or operated under an approved conservation plan (Resource Management Systems) consistent with the field office technical guides of the local soil and water conservation districts or the United States Soil Conservation Service, as provided by a qualified individual or agency. The shore impact zone for parcels with permitted agricultural land uses is equal to a line parallel to and 50 feet from the ordinary high water level. 12. Forest Management Standards. The harvesting of timber and associated reforestation must be conducted consistent with the provisions of the Minnesota Nonpoint Source Pollution Assessment -Forestry and the provisions of Water Quality in Forest Management "Best Management Practices in Minnesota". 13. Conditional Uses. Conditional uses allowable within shoreland areas shall be subject to the review and approval procedures and criteria and 13 conditions for review of conditional uses established in the Stillwater Zoning Ordinance. The following additional evaluation criteria and conditions apply within shoreland areas. a. Evaluation Criteria. A thorough evaluation of the waterbody and the topographic, vegetation and soil conditions on the site must be made to ensure: 1. The prevention of soil erosion or other possible pollution of public waters, both during and after construction. 2. The visibility of structures and other facilities as viewed from public waters is limited. 3. The site is adequate for water supply and on -site sewage treatment. 4. The types, uses and numbers of watercraft that the project will generate are compatible in relation to the suitability of public waters to safely accommodate these watercraft. Subd. 8. NONCONFORMING USES/SUBSTANDARD STRUCTURES. 1. Legally Established Nonconformities. All legally established nonconformities as of the date of this ordinance may continue, but they will be_ managed according to applicable state statutes and other regulations of the City of Stillwater for the subjects of alterations and additions, repair after damages, discontinuance of use, and intensification of use; except that the following standards will also apply in shoreland areas. a. A lot or parcel of land which was of record as a separate lot or parcel in the office of the Washington County Recorder or Registrar of Titles, on or before January 1, 1973 which is in a residential or agricultural district may be used for single family detached dwelling purposes, without a variance, provided the area and width thereof are with in 60 percent of the minimum requirements of Subd. 4 of this ordinance, provided all setbacks requirements of this ordinance can be maintained and provided it can be demonstrated that either two safe and adequate sewage treatment systems can be installed to service such permanent dwelling or the dwelling is served by sanitary sewer. b. If, in a group of two or more contiguous lots under the same ownership, any individual lot does not meet the requirements of Subd. 4 of this ordinance, the lot must not be considered as a separate parcel of land for the purposes of sale or development. The lot must be combined with the one or more contiguous lots so they equal one or more parcels of land, each meeting the full requirements of Subd. 4 of this ordinance. C. Restoration of Nonconforming Uses and Substandard Buildings or 14 Structures. A nonconforming use or substandard building or structure which is damaged or destroyed by fire, flood, wind, earthquake or other calamity may be restored and the occupancy -or -use--of such - building, structure or part thereof, which exited at the time of such partial destruction, may be continued or resumed, provided that the restoration is started within a period of one year and is diligently prosecuted to completion, unless the damage to such building or structure is equal to 50 percent or more of the replacement cost thereof (as determined by the building official) in which case, the reconstruction shall conform to the provisions of this ordinance, not to exceed the gross square footage of the previous structure. d. Preservation of Nonconforming Uses. Any lawful use of land existing on the effective date of this ordinance may be continued, although such use is not allowed by this ordinance, however, such use of structure shall not be expanded or intensified. Subd. 9. ADDITIONS EXPANSIONS TO SUBSTANDARD STRUCTURES. a. All additions or expansions to the outside dimensions (including upward expansions) of an existing nonconforming structure must meet the setback, height and other requirements of Subd. 7 of this ordinance. Any deviation from these requirements must be authorized by a variance pursuant to the Zoning Ordinance. b. Deck additions may be allowed without a variance to a structure not meeting the required setback from the ordinary high water level if all of the following criteria and standards are met: 1. The structure existed on the date the structure setbacks were established. 2. A thorough evaluation of the property and structure reveals no reasonable location for a deck meeting or exceeding the existing ordinary high water level setback of the structure. 3. The deck encroachment toward the ordinary high water level does not exceed 15 percent of the existing setback of the structure from the ordinary high water level or does not encroach closer than 30 feet, whichever is more restrictive. 4. No deck on a nonconforming structure shall exceed 10 feet in width. 5. The deck is constructed primarily of wood and is not roofed or screened. 6. A certificate of compliance is obtained from the Community Development Director. 15 Subd. 10. EXCEPTIONS TO BUILDING SETBACKS. 1. Exceptions to the building setback from the ordinary high water mark for substandard structures that are setback a minimum of 30 feet from the ordinary high water mark on sewered lots or a minimum of 45 feet from the ordinary high water mark on unsewered lots. a. An extension, enlargement or alteration of an existing substandard structure may be permitted on the side of the structure facing away from the water body provided the improved structure is in compliance with all other requirements of this ordinance. 2. Exceptions to the building setback from the sideyard and street right of way. a. An extension, enlargement or alteration of an existing substandard structure may be permitted on the side of the structure facing away from the sideyard or street provided the encroachment into the side or front yard is not increased and the improved structure is in compliance with all other requirements of this ordinance. 3. Nonconforming sewage treatment systems. A sewage treatment system not meeting the requirements of the Washington County Individual Sewage Treatment System Ordinance must be upgraded, at a minimum, at any time a permit or variance of any type is required for any improvement on, or use of, the property, with the exception of nonhabitable spaces, (decks, porches). In addition, at time of sale or upon receipt of a complaint, the property shall be inspected and if the sewage system is found to be nonconforming, a new conforming system must be installed within 90 days. 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. Adopted by the City Council this day , 1993. Attest: city clerk 16 Charles M. Hooley, Mayor MEMORANDUM T0: Planning Commission FR: Steve Russell, Community Development Director DA: September 9, 1993 RE: AMENDMENT TO ZONING ORDINANCE REGULATING PARKING The City Council at their meeting of August 17, 1993, directed the planning staff to work with the Planning Commission on an ordinance regulating the storage of recreational vehicles in the residential district. The proposed ordinance with some minor modifications was previously in the City Code. Recommendation. Approval of amendment to City Council. ORDINANCE NO. AN ORDINANCE AMENDING CHAPTER 31.01 OF THE CITY CODE BY ADDING SUBDIVISION 26.5 (f), (g) and (h) REGARDING PARKING IN RESIDENTIAL AREAS. The City Council of the City of Stillwater does ordain: Section I. Amendinnc. Section 31.01, Subd 26.5 (f), (g) and (h) and shall hereafter read as follows: f. Truck Parking in Residential Areas. No stake -bed truck over 7,000 G.V.W. or other truck over 10,000 G.V.W. shall be parked on or off street in a residential zoned district except when loading, unloading or rendering a service unless proper storage and screening is provided as hereinafter required. g. Exterior Storage. In residential districts all materials and equipment shall be stored within a building or fully screened so as not to be visible from adjoining properties and public streets, except for the following: laundry drying and recreational equipment, construction and landscaping materials and equipment currently being used on the premises, agricultural equipment and materials if these are used or intended for use on the premise, off-street parking of passenger automobiles and trucks as permitted. Boats, unoccupied trailers and recreational vehicles, less than 25 feet in length are permitted if stored in the rear or side yard of driveway. Storage of more than one commercial or industrial vehicle or article of equipment is prohibited unless a special use permit is issued for such use. h. Screening. The screening required in (i) above shall consist of a fence or wall not less than 5 feet high but shall not extend within 30 feet of any street right of way with landscaping between the screening and the pavement. A fence shall block direct vision. Planting of a type approved by the Community Development Director may also be required in addition to or in lieu of fencing. Section II. Saving. In all other ways the Stillwater City Code shall remain in full force and effect. Section III. Publication and Effective Date. This ordinance shall be in full force and effect from and after its passage and publication according to law. Adopted by the City Council this day of 1993. Attest: city clerk Charles M. Hooley, Mayor