HomeMy WebLinkAbout1993-07-12 CPC Packetwat e r
THE BIRTHPLACE OF MINNES0TA
July 7, 1993
THE STILLWATER PLANNING COMMISSION WILL MEET ON MONDAY, JULY 12, 1993 AT 7:00
P.M. IN THE COUNCIL CHAMBERS OF CITY HALL, 216 NORTH URTH 5 RE:Ef7
Approval of Minutes - June 14, 1993.
AGENDA
1. Contination of Case No. SUB/93-35 - A minor subdivision of Lots 17, 18 and
19, Block 1,Churchi and Ne son s Second Addition by adding a 5 ft. by
150 ft. parcel to Lots 6, 7, and 8, Block 1, Churchill and Nelson's Second
Addition. The property is located in the Two Family Residential, RB, Zoning
District at 311 East Burlington Street. Edna Andrewsen, Applicant.
2. Continuation of Case No.SUP/93/36 - A Special Use Permit for operation of a
painting business out of a re is ence at 507 West Maple Street in the Two
Family Residential, RB, Zoning District. Forrest Cole, Applicant.
3. Continuation of Case No. SUP/V/93-39 - A Special Use Permit and Variance to
the Bed and Breakfast Ordinance Fainother Bed and Breakfast is located
within 900 feet) to conduct a four guest room Bed and Breakfast. The
property is located in the Two Family Residential, RB, Zoning District.
John G. and Elizabeth Hilpisch, Applicants.
4. Case No. ZAM/93-40 - A rezoning of Lots 1, 2, and 3, Block 2 and Outlot C
of Fee y s additfon (between Charter Oaks and Courage Center along Curve
Crest Boulevard) from Business Park- Industrial to Medium Density Multiple
Family Residential, RCM. Leonard and Elizabeth Feely, Applicants.
5. Case No. SUP/93-41 - A modification to an existing Bed and Breakfast permit
to increase the number of guest rooms from three to four. The property is
located at 801 West Pine Street in the Two Family Residential, RB, Zoning
District. Jon Graybill, Applicant.
6. Case No. V/93-42 - A Variance to the height requirement for construction of
a single family residential structure. The property is located at 809 North
Fourth Street in the Two Family Residential, RB, Zoning District. Tim and
Amy Stefan, Applicants.
7. Case No. V/93-43 - A Variance to the one-story allowable for an accessory
structure. The proposal is to construct a two-story garage at 225 North
Greeley Street in the RB, Two Family Residential District. Garry and Sara
Gilberg, Applicants.
CITY HALL: 216 NORTH FOURTH STILLWATER. MINNESOTA 55082 PHONE: 612-439-6121
Planning Commission Agenda
July 12, 1993
Page Two
8. Case No. BM193-44 - A request to move a home into the City of Stillwater
from another municipality. The proposed location of the home will be Lot 5,
Block 11, Staples and Mays Addition. The property is located at 850 North
Martha Street in the RB, Two Family Residential District between West
Hickory Street and West Elm Streets. Joel K. Wahlin, Applicant.
9. Case No. SUPI93-45 - Special Use Permit for a temporary 30 car parking lot
located just south of the Brick Alley parking lot in the RB, Two Family
Residential District. Andiamo Enterprises L.L.C., Applicant.
Other Business:
Restrictive Soils Ordinance
Shoreland Ordinance.
2
STILLWATER PLANNING COMMISSION
MINUTES
Date: June 7.4, 1993
Time: 7:00 p.m.
Members Present: Gerald Fontaine, Chairman
Glenna Realka, Duane Elliott, .lay Kimble,
Darwin Wald, and Don Valsvik
Steve Russell, Comm. Dev. Director
Ann Pung-Terwedo, Planner
Absent: Dorothy Foster, Rob Hamlin, and Kirk Roetman
APPROVAL OF MINUTES
Motion by Darwin Wald, seconded by Glenna Bealka to approve the
minutes of May 10, 1993, as submitted. Carried 6-0.
PUBLIC HEARINGS
Case No. PUDZ93-23 - Planned Unit Development permit for a
256,000 square foot commercial development on a portion of a 67.8
acre parcel of land located on the northeast quadrant of. Highway
36 and County Road 5 in the Business Park -Commercial, BP-C,
Zoning District. Target and Super Valu, Applicants.
Case No. SUB/93-24 - A Subdivision of a 67.8 acre parcel into
nine lots, seven developable, ranging in size from 10.34 acres to
1.42 acres located on the northeast quadrant of Highway 36 and
County Road 5 in the Business Park -Commercial, BP-C. Target and
Super V.a1u, Applicants. Case: 93--23 and 93-24 were presented
together. Steve Russell gave background information on the site:
City gave approval in 1986 for a shopping center on the site
which did not proceed. The West Business Park_ Plan was then
prepared to provide direction for development of the site.
Jim Theuseh of Target Rea]. Estate Group presented the proposal.
A revised site plan was distributed to the Commission. The
architect from RSP Architects presented the exterior design of
the plan and John Dietrich of RLK Associates presented the land-
scaping plan. Duane Elliott asked about plans to landscape the
pond .
Al Krueger_, who lives directly south of the property, asked if
the school district had been notified of these plans. He is
concerned for the safety of the high school students because of
the amount of traffic that will be generated. Sonya Simkins
stated she drive, County Road 5 at night and it is very dark and
asked if there will. be more lighting put in place. Elaine
Krueger stated that she is also concerned about the traffic- as
there is parking space for up to 2,000 cars at the new high
school.
1
1,ti1.1watf:r. P1,anninq Colntrli io11
.]une 14 '199
Motion bDon Valsvik to airvrPUD/9-23 wi th e1ev"rl iC
conditions, and the conditions requested by the Design Review
Committee, plus condition No. 1.2 requiring landscaping of t1ie
pond -at the tune nI.rtiot R i:. developed. Seconded by T),jrwin Wald.
Carried 6-0.
Motion by Duane Elliott, seconded by Don Val; v i k to approve
No. SUR/93-24 with one condition. Carried 6--0.
Case No. V/93-34 - A Variance to the Sign 0rdin„nce {:r
CC)I-I'3trIICt.i0I'r c,f �i 19 q u a r e fo(:)t sign on a canopy cif and 2xistiic;3
bui1d.ing in the Two Family Residential, RB, ?oni.ng District �;t
208 North Fourth Street,
Dave Majeski of Consolidated Lumber Company presented the
request . He stated that in 1988 he was granted a variance for 33
sq. ft. but it was never used. The new sign will not be 1_19htecl.
Duane Elliott questioned why a larger sign is needed. Amy
Steffan, 807 N. Fourth, across the street asked why the sign will
be made out of plywood. She also asked if there is any
landscaping requirement. Mr. Russell stated Lhat thf_re, is riot.
Don Valsvik ct.cted that hti feels the rf_quest is reasonable
considering the location of the building.
Miotion by Don Valsvik, seconded by Darwin Wald to approve the
variance request. Carried 5-1 (D. Elliott opposed)
Case No. SUP/93)--36 - A Special Use Permit for operation of a
painting business out: of a residence at 507 Wc;_t Maple Street in
the Two Family Residential, P.B, Zoning District.
The applicant was not present-. Motion by Darwin Wald, seconded
by Don Vais, v1k to continue C,ar;e No. SUP/93-36 to the .3u1y
meeting. Carried 6--0.
Mary Welker.t, 518 W. Maple Street, stated that she attended the
meeting to voice her objection to a business in the neighborhood.
Case No. SUP/113-37 - Resubdivision of two lots, (2.48 acresi,
into three .lots of .65 acres, .65 acres, and 1..18 acres, located
in the Two Family Residential, RE, Zoning District at 1023 North
Broadway.
Robert McGarry, owner, prese-ited the request. His horde currently
ha,- a well and septic system. it will. cost appr_ oxi rriatel-y $25, 000
to sewer the area, which will be assessed Lo L-he bene-fitling
property owners. MIL . McGarry questioned several of the
conditions of approval. Conclition No. 2 wa..-, amended to read:
The exi'estiny residence shall be connected to City sanitary sewer
system before building permits are issued to Lot:,. A or C.
A
Sti.11w,_,L:f�r Pl,�nt,in:� Ccnlrni;__�ion
Jnne 14, 1.993
Fie al-,n was concerned that only one single family residence per
lot will be allowed. Mr. Russell clarified that each lot must
have access to a public street for development exceeding one
single farnily home. These lots have ,recess only to a private
road.
Chairman Fontaine a_ked l.f f_h-re could be ,�t,Surance given to
exi,_ting property ownersa that the extension of the sanitary sewer
will not be their responsibility. Mr. Russell stated that i.f
IF. hey are required to honk. ,lip to the _,ewer, they will have to
share in th' cost . The Commi ss i on agreed on a _ even th cone I tloil:
The ow1-,f_,r of Lots A, B, and C will pay for extending the ma1n
sewer_ line froni i.st ,end Wilk ins t-o Broadway and Wilkins.
Brian Palmer, 1005 N. 1st Street, and owner of 1012 N. Broadway,
stated that he would' not wanI- to ',ee duplexeb built in the area.
A r.esi(Ierit of 1.n11 N. 1st Street stated she supports, only one
home per parcel. Sonya Simkins also Supports only one residence
on each lot. Tom Thomsen, who lives south of Parcel C. stated
that his house extends into Lot C and would like to see this
cleared up. He is also in favor of single family homes in the
area.
Motion by Duane Elliott, seconded by Darwin Wald to approve the
Subdivision request with seven conditions. Carried 6-0.
Case No. SUB/93-2.5 - Minor. Subidivison of lots 171 18, and 19,
Churchill and Nelson's Second Addition, by adding a 5 ft. x 150
ft. parcel 'to Lots 6, 7 and S, Churchill and Nelson': Second
Addition, 311 East Burlington Street. Edna Andrewson, Applicant.
The applicant was not present. Motion by Glenna Bealka, seconded
by Jay Ki.rnl_)le to continue the case to July 12. Carried 6-0.
Ca:Ey iVn. 5UR/9? ;$ - minor Subdivision adding t},c south 10 f_t,. of
Lot 4, Block 3, Thompson, Parlor and Mower's Second Addition to
Lot 6 of the same addition Located in the Two Family Residential,
RB, Zoning District, at 229 North Everett Street.
Joan S, hafi r, r.epresentin9 the owner, Elizabeth Swanson,
presented the regile;;t . Mrs. Swanson owns both lots and is making
the request in order to make the lot legal sire and therefurF.
mere saleable in the future.
Motion by Darwin Wald, seconded by Duane Elliott to approve the
subdivision request. Carried 6-0.
Case NO. ST.JPZYZ99-39 - A Special_ Use Permit and Variance to the
Bed and Breakfast Ordinance (another Bed and Breakfast is located
within 900 feet) to conduct a four guest room Bed and Breakfast
at 1-�06 South Third Street. The property is located in the Two
Family Residential, RB Zoning District.
Stillwater Planning Commission
June 14, 1993
John G. and Elizabeth 14i1pisch, owners, presented the
application. The home is currently up for sale, and many
potential huyer-s have been interested in the home as a Bed and
Breakfast. The Hilpisch's are requesting the Special Use Permit
in order to make the home more marketable. They ule riot- intend I:o
run a B&B themselves.
The Heritage Preservation Commission has reviewed the request and
approved the four bedroom B&B use. There is parking ay.aII,ahle
for four cars on the site.
Mr. Russell staged that one letter in support of the Hilpischs
was received from a neighbor. There were no objections from Lhe
aiidie'nce.
Duane Elliott; -foadp a. motion that the c_Oiiirliissl"'T!
t}-iF-. re. qu.es;t bI.1t t'arjjji;t= take ,_I positic'ri bey au -'"se the ,=.pt,1 ic,ants.
would not be the operators of the B&B, and therefore delay the
decision until the owners and operators make application for a
Bed and Breakfast permit. Darwin Wald :seconded . Jay Kimble asked
that the motion be amended to deny the request with a statement
to the City Council of the Planning Commission's findings.
Mr. Elliott amended the motion: to deny but with sympathy to the
request because the home represents what a Bed and Rreakf-ast
should be; denial is based upon the distance from an existing B&B
and because the applicants would not be the operators. Don
Valsvik seconded. Motion failed 3-3.
Jay Kimble moved to approve the special use permit request, based
orL the uniqueness of the home and the hardship _hownetit la
Bealka seconded. Motion again failed 3-3.
Motion by Jay Kimble, seconded by Darwin Wald to continue the
case to July 12. Carried 6-0.
OTHER BUSINESS
Consi�ler.aLlon of Ordinance,
1. Conservation Ordinance limiting development of sloped areas.
Motion by Duane Elliott, seconded by Glenna Bealka to recommend
approval of the draft Conservation Ordinance, with one amendment:
using Mean Sea Level as a base. Carried 6-0.
2, Storm Water Ordinance requiring review of ,tor-m water daiiiaye.
Mot on by Duane Elliul.t, slecorided by Dr,n Valsvik to recommend
approval of the Sturm Water Or.diriat,ce. Carried 6-0.
The meeting adjourned at 10:35 p.m.
Submitted by: Shelly Schciubach, Recor,ling Secr_et,ar_y
4
PLANNING APPLICATION REVIEW
CASE NO. SUB/93-35
Planning Commission meeting: June 14, 1993
Project Location: 311 East Burlington
Comprehensive Plan District: Two Family Residential
Zoning District: RB
Applicant's Name: Edna Andrewsen
Type of Application: Subdivision
PROJECT DESCRIPTION:
Minor su ivision of Lots 17, 18, and 19 (303 East Burlington) Churchill and
Nelson's Second Addition by adding a 5 ft. parcel to Lots 6, 7 and 8,
Churchill and Nelson's Second Addition (311 East Burlington).
DISCUSSION
The request is to subdivide a five foot wide parcel (750 square feet) from Lot
17, 18 and 19 to Lots 6, 7 and 8 (311 East Burlington). A home is presently
being built on Lots 17, 18 and 19 (303 East Burlington). The structure meets
the five foot setback minimum for an attached garage but may not meet the
fifteen foot minimum from the existing house at 311 East Burlington. A
variance may be required.
RECOMMENDATION:
Approval.
FINDINGS:
The proposed land division is consistent with the use and lot size
requirements of the RB, Two Family Residential District and Comprehensive
Plan.
ATTACHMENTS:
- Survey
- House Site Plan
- Application Form
• rw AVu
Caso Numbor -----------
CASE NUMBER
Fee Paid ---_- --
Date Filed __-___--.__-___
PLANNING ADMINISTRATIVE FORM
Street Location of Property. 311 East Burlingto-n Street ----------------
Lots 17, 18 & 19,~Block 1, Churchill
Logal Doscription of Propertyi and_Nelson_ s_ 2nd Addition to Stillwater
--- ------ ------------------------
Owner: Name Edna Andrewsen--------------------------------
Address _11 East Burlington-Street-_r Phone: -(612) -439 T6097
Applicant (if other than owner): Name _NLA----------------------------
Address------------------------------ Phone: _______________
Typo of Racluest:- ___ Rezoning ___ Approval of Preliminary Pict
___ Special Use Permit ___ Approval of Final PIot
___ Variance _X_ Other _ minor _Subdivision
Description of Request: ----------------------------------------
*NOTICE ENGIPdEEING FEES MAY BE BILLED TO—APPLICA—r----i^w+-___ 7__-____
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 ----------- (date)
subject to the following conditions:_--_-_--_____..__-___________________
----------------------r-------------------------------------------
Approved __- Denied ___ by the Council on ________________ subject to tl,e
following conditions:------------------------------------------------
------------------------------------------------------------------
Comments: (Use other side),
LAW OFFICES OF
ECKBERG, LAMMERS, BRIGGS, WOLFF & VIERLING
1835 NORTHWESTERN AVENUE
STILLWATER, MINNESOTA 55062
LYLE J. ECKBERG
JAMES F. LAMMERS
ROBERT G. BRIGGS
PAUL A. WOLFF
MARK J. VIERLING
GREGORY G. GALLER
KEVIN K. SHOEBERG
THOMAS J. WEIDNER
SUSAN D. OLSON
Mr. Steve Russell
City of Stillwater
216 North Fourth Street
Stillwater, MN 55082
April 30, 1993
(612) 439-2878
FAX (612) 439-2923
In Re: Edna Andrewsen Minor Subdivision
Lots 17, 18 and 19, Block 1, Churchill &
Nelson's Second Addition
Dear Steve:
Regarding the above -entitled matter, enclosed please find
an Application for a Minor Subdivision, a check for filing in the
amount of $50.00, and a Certificate of Survey prepared by Barry
Stack. I represent Edna Andrewsen, who presently is the owner of
the West Half of Lots 6, 7 and 8, and Lots 17, 18, and 19, except
the West 64 feet thereof, all in Churchill, Nelson & Slaughter's
Second Addition.
My client's homestead is located on Lots 6, 7 and 8, and
Lots 17, 18 and 19 are presently undeveloped. My client proposes
to sell Lots 17, 18 and 19. However, she desires to retain the
easterly 5 feet of Lots 17, 18 and 19 as a part of her homestead
because there are utility lines located in this area which serve
her homestead. In addition, she would propose that the new owner
of Lots 17, 18 and 19 grant a 5 foot easement so that there would
be a total of 10 feet available in the event of a need for repair
or replacement of the utility lines.
I would appreciate your processing this Application, and
should you have any questions or should you need any additional
information, please do not hesitate to contact me.
Very truly yours,
James F. Lammers
JFL:dmr
Enclosure
c: Edna Andrewsen
h et 2 of 2 Sheets PROPOSED ANDREWSEN MINOR SUBD.
CERTIFICATE OF SURVEY
BARRETT M. STACK
STILLWATER, MINN. 55082 Cc
� ����•
� V/
MINNESOTA REGISTERED c f --
JOB NO: None LAND SURVEYOR �j t
Tel. No. 439-5630
SURVEY MADE EXCLUSIVELY FOR: Mrs. Edna Andrewsen, 311 East Burl ington St.
Stillwater, Minnesota 55082
DESCRIPTION: Proposed Utility Easement Description:
(To be added to Parcel A and Parcel B Desc. on Sheet 1)
* an easement for utility purposes over, under and
across all that part of the West 5.00 feet of the..East 10.00 feet of
Lots 18 and 19, Block 1, Churchill and Nelson's 2nd Addition to
Stillwater, Washington County, Minnesota, which lies northerly of a
line drawn parallel with and 66.00 feet southerly of the northerly
line of said Lot 19.
* Parcel A add "Together with"
* Parcel B add "Subject to"
PROPOSED COMBINED ANDREWSEN PARCEL DESCRIPTION:
The West Half of Lots 6, 7 and 8, Block 11, Churchill and Nelson's
2nd Addition to Stillwater, Washington County, Minnesota.
and
The East 5.00 feet of Lots 17, 18 and 19, Block 1, Churchill and
Nelson's 2nd Addition to Stillwater, Washington County, Minnesota.
Together with (add the above utility easement description)
I hereby certify that this survey, plan, or report was
prepared by me or under my direct supervision and that
I am a duly Registered Land Surveyor under the laws of
the State of Minnesota.
........................................
Date.Apr.i.1.... .2, 1993.... Reg.No..... 13774
SHEET 1 OF 2 SHEETS PROPOSED ANDREWSEN MINOR SUBDIVISION
CERTIFICATE OF SURVEY
BARRETT M.STACK
STILLWATER, MINN. $5082
MINNESOTA REGISTERED
- LAND SURVEYOR
Tel. No. 439-S630
JOII NO: None
SURVEY MADE EXCLUSIVELY FORT Mrs. Edna Andrewsen, 311 East Burlington St., Stillwater, MN.
DESCRIPTION, PROPOSED PARCEL A DESCRIPTION:
The East 5.00 feet of Lots 17, 18 and 19, Block 1, Churchill and Nelson's 2nd Addition to
Stillwater, Washington County, Minnesota. Containing 750 sq. ft., more or less. Subject
to and together with any other valid easements, reservations or restrictions.
PROPOSED PARCEL B DESCRIPTION: (together with utility easement on Sheet 2 of 2 Sheets)
All that part of Lots 17, 18 and 19, Block 1, Churchill and Nelson's 2nd Addition to
Stillwater, Washington County, Minnesota, lying westerly of the East 5.00 feet thereof.
EXCEPTING therefrom the West 64.00 feet thereof. Containing 9825 q. ft., more or less.
Subject to and together with any other valid easements, reservations or restrictions.
NOTES: (subject to utility easement described on Sheet 2 of 2 Sheets)
TfFi—sproposed subdivision is subject to approval by the City of Stillwater.
o Indicates 1/2" I.D. iron pipe set marked by a plastic plug inscribed RLS 13774.
Orientation of this bearing system is assumed.
"M" Indicates measured value. "R" Indicates recorded value.
Existing overall parcel is described in Book 155 of Deeds, Page 495, Wash. Co. records.
Underground or overhead public or private utilities on or adjacent the parcel were not
located in conjunction with this survey.
E. Burlington St. Cr ated by deed as noted hereon.
4-22-93 Revision Note: Lo
Added Sheet 2 of 2
sheets, proposed —
utility easement �i'.v �PEgr6o ar OEEo
on Parcel B.
BMS ,E. I 8111eZ1N,5: 7,9N 57-
BOde Z ¢ of OEEOS P.946 S9/ `, 4
M A, I�
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31 44 a� /e 8 00 ova
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04,c.4N7- LAivo i 4
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1 70, 62
/341 CZ M— — — —
i hereby certify that this survey, plat[. in rrymnt ttss
prepared by mr or under my direct suIivvisiikn am! IIui
1 am a duly Registered Land Surveyor uInkr litr law %of
tier State of Atinnew[t.
/� 30 Date.A.p.rk.l.....21....... 199.3.—Reg.Nu...).3.�Z.4.
PLANNING APPLICATION REVIEW
CASE NO. SUP/93-36
PLANNING COMMISSION MEETING: June 14, 1993
PROJECT LOCATION: 507 West Maple Street
Comprehensive Plan District: Two Family Residential
Zoning District: RB
APPLICANT'S NAME: Forrest Cole
TYPE OF APPLICATION: Special Use Permit
PROJECT DESCRIPTION:
A Special Use Permit for operation of a painting business out of a residence
at 507 West Maple Street.
DISCUSSION:
The request is to conduct a painting business out of a home at 507 West Maple
Street. At the time of this written report, the applicant has not given a
written description of how he would be conducting his business, if customers
would be coming to his home, or if he will be storing paint or other type of
materials at this residence.
The structure does not have a garage or any type of storage shed on the
property.
Conditions of Approval:
1. The Fire Department shall inspect any storage areas on the property
related to the paint business. A report shall be filed with this
case.
2. No signage identifying the business is allowed.
3. No paint customers are allowed at the residence.
4. No more than three deliveries (UPS or related) are allowed per week.
Findings:
l'he 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.
Caso Numbor.S1_Z_�53 - 36
Fee Paid ___--��-----_---
CASE NU14BER Date Filed '��----
Strea ocation of ProPo�3 .� - - -;K- w ��
Logol Description of PrOpu:'#y: --------
Owner: Dame _ ____
Ph
on
-- - _..-_.._..____...._
on .. G�
Address - ---------------_--- --
P1- -
Adplicant �if other than ow er): Mama _ --- ------ _---
Address _� �_'%� � �_ r-�f'z-c r�+P - Phono; `?-_--------
Type of Request:* ___ Rezoning ___ Approval of Preliminary Plat
Spocial Use Permit ___ Approval oh Final Plat
Variance _ Other -�-ti-
M
�4 — _fir-
' -
Description of Request: _�'__..=�--_ G --_-_-_-_-_--
- Doi% r� __c_v�-____-------- --_-------------------------
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: '& f 191���
1. North direction.
0. yoi..0)�iii : of proposed structureon r c�
3. Dimensions of ;ront and side set -backs. C\j
4. Dimensions of proposed structure. jG
5. Street names.
6. Location o- adjacent e_cisting buildings. C�TY4r�NlA
7. Other info, ,atior. as may be requested. K,
Approved ___ Denied ___ by thoPlanning Commission on _____ k
subject to the following conditions: ------------------------------------
- - - - - - - - - - - - - - - - - - - - - - r - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - -
Approved _-_ Denied ___ by the Council on ________________ subject to t e
following conditions; -- ---==-------------------------------------
Comments; (Use other side),
PLANNING APPLICATION REVIEW
CASE NO. SUP/V/93-39
Planning Commission Meeting: June 14, 1993
Project Location: 1306 South Third Street
Comprehensive Plan District: Two Family Residential
Zoning District: RB
Applicant's Name: John G. and Elizabeth Hilpisch
Type of Application: Special Use Permit and Variance
Project Description:
A Special Use Permit to conduct a four guest room Bed and Breakfast out of a
residential structure at 1306 South Third Street.
Discussion:
Tne request is to conduct a four bedroom Bed and Breakfast. The home, known as
the Lammers House, is listed on the National Register of Historic Places. The
home is a fine example of a Queen Anne home and was constructed in 1889 (it
is over one hundred years old).
This application has been submitted because the home has been on the market
for over a year. The owner/applicant has indicated the home should be sold
with the option that the new buyers could conduct a Bed and Breakfast.
According to the amended Bed and Breakfast Ordinance, a home must be at least
3,499 square feet, the lot must be at least 10,000 square feet and the home
must have at least five bedrooms (additional for children) in order to provide
for a four bedroom Bed and Breakfast. The Heritage Preservation Commission
reviewed and determined the home could accommodate four bedrooms for this type
of use at their regular meeting on June 7, 1993. This review and determination
was done as outlined in the Ordinance. The home has seven bedrooms and it
appears the second floor bedrooms are original to the home. The lot as
outlined is approximately 17,152 square feet. A parking area could be
constructed as shown in order to accommodate parking for the use.
Another Bed and Breakfast is located approximately two blocks from the home.
The Heirloom Inn is located at 1103 South Third Street. The Ordinance
specifically states another Bed and Breakfast must be at least three blocks
(900 feet) from another Bed and Breakfast.
The swimming pool is a concern. The pool would have to be removed or brought
up to commercial standards as regulated by the Health Department. Additional
insurance will also need to be provided if the pool will be used.
CONDITIONS OF APPROVAL:
See attac e .
RECOMMENDATION:
Denial.
1
FINDINGS:
Another Bed and Breakfast is located within three blocks (900 feet) from
another Bed and Breakfast. This is stated in the Ordinance "so residential
neighborhoods are not impacted by Bed and Breakfasts.
ATTACHMENTS:
Application package.
CONDITIONS OF APPROVAL
CASE NO. SUP/V/93-39
1. The Special Use Permit is riot transferable. New property owners/
managers shall require a new Special Use Permit.
2. The manager of the residence shall live on the site.
3. Before use as a Bed and Breakfast, the building and cooking facilities
shall be approved by the County Health Officer, Fire Marshall and City
Building Official and a Certificate of Occupancy received by the Community
Development Director.
4. A parking lot shall be constructed on -site. One parking space for each
guest room shall be set aside and marked "FOR GUESTS ONLY". Additional
spaces shall be available for owners use.
5. If provided, dining facilities for breakfast shall be available to
registered guests only (not available to the general public).
6. No liquor shall be sold on the premises.
7. One four square foot sign is allowed on -site consistent with the
architectural character of the building (maximum height four feet).
8. Adequate pedestrian scale lighting shall be provided between the inn and
parking area.
9. No general external lighting of the site that may impact the surrounding
residential area is allowed.
10. The Bed and Breakfast use permit shall be reviewed before the Planning
Commission and City Council for revocation if complaints regarding the Bed
and Breakfast use are received by the Community Development Director.
11. Any modifications to the home, including additional bathrooms, shall be
reviewed by the Heritage Preservation Commission upon receipt of plans by
the Stillwater Building Official.
PLANNING APPLICATION REVIEW
CASE NO. SUP/V/93-39
Project Location: 1306 South Third Street
Comprehensive Plan District: Two Family
Zoning District: RB
Applicant's Name: John G. and Elizabeth Hilpisch
Type of Application: Variance and Special Use Permit
Project Description:
A Variance and Special Use Permit to conduct a five guest room Bed and
Breakfast.
Discussion:
'fhe request is to conduct a four guest room Bed and Breakfast according to the
Bed and Breakfast Ordinance. The Heritage Preservation Commission must review
and determine the number of guest rooms allowed in a structure according to
the Bed and Breakfast Ordinance. Based on review of the existing floor plan of
the home, four bedrooms could be accommodated. Mr. Hilpisch believes the
second floor bedrooms are original to the home and that no alterations would
need to be made in order to provide for a bed and breakfast use.
Conditions of Approval:
1-.—Any modifications to the home, including additional bathrooms, shall be
reviewed by the Heritage Preservation Commission upon receipt of the
Stillwater Building Official.
Request:
Review and determination of four bedrooms aS the appropriate rooms allowed for
this structure.
Attachments:
- Packet.
Heritage Preservation Commission Determination:
e iome can accommodate a four bedroom-Te-T-a-n-d Breakfast use.
ORDINANCE NO. 768
AN ORDINANCE AMENDING THE STILLWATER CITY CODE,
SECTION 31.01, SUBDIVISION 4 (9) BED AND BREAKFAST
AND SUBDIVISION 25 (F) BED AND BREAKFAST
THE CITY COUNCIL OF THE CITY OF STILLWATER, MINNESOTA DOES ORDAIN:
I. Amend*nct .
1. Section 31.01, Subdivision 4 (9) of the Stillwater City Code is
amended to hereafter read as follows:
1131.01, Subdivision 4 (9) DEFINITIONS
9. Bed and Breakfast. An owner occupied historic residential
structure used as a lodging establishment where a guest room
or rooms are rented on a nightly basis and which only
breakfast is included as part of the basic compensation."
2. Section 31.01, Subdivision 25 (f) of the Stillwater City Code
is amended to hereafter read as follows:
"31.01, Subdivision 25 (f)
Bed and Breakfast. PURPOSE
The City of Stillwater recognizes that Bed and Breakfasts are
an asset to the community for the preservation of our historic
homes. It is the intention of the City to limit Bed and
Breakfast uses to those homes whereby a special use would
benefit the City and surrounding area by allowing appropriate
adaptive reuse for such dwellings. Allowing Bed and
Breakfasts is in recognition that the expense of owning and
maintaining historic homes has made them less suitable for
single-family dwellings.
Bed and Breakfasts are allowed by a Special Use Permit in RB
and RCM zoning districts as regulated in Section 31.01 of the
Stillwater City Code, Subdivision 13 (2) (d) and Subdivision
15 (1) (c) subject to the following conditions:"
3. Section 31.01, Subdivision 25 (f) 3 of the Stillwater City Code
is amended to hereafter read as follows:
1131.01, Subdivision 25 (f)
Bed and Breakfast uses in residential areas shall be located
at least nine hundred (900) feet apart (approximately three
blocks)."
4. Section 31.011 Subdivision 25 (f) 4 of the Stillwater City Code
is amended to hereafter read as follows:
1131.01 Subdivision 25 (f)
4. No liquor shall be sold on premises. If wine is served, a
wine license must be obtained from the City of Stillwater."
5. Section 31.01, Subdivision 25 (f) 8 of the Stillwater City Code
is amended to hereafter read as follows:
1131.01 Subdivision 25 (f)
8. The maximum of five (5) Bed and Breakfast guest rooms may be
established in a residential Bed and Breakfast structure. The
following lot and structure size criteria determines the
number of guest rooms allowed in a Bed and Breakfast.
Maximum Number Original Maximum Gross Minimum zoning
Guest Rooms Number of House Size Not Lot Size in
Permitted Bedrooms Including Basement Square Feet
In Square Feet
1 2
Up to
2,499
7,500
2 3
2,500
- 2,999
10,000
3 4
3,000
- 3,499
10,000
4 5
3,500
- 4,999
15,000
5 6
5,000
up
20,000
Maximum Gross House Size is determined by using the total square
footage of habitable_ living space within the structure.
The number of original bedrooms in the structure will determine the
number of guest rooms that will be allowed. This shall be reviewed
and determined by the Heritage Preservation Commission. In the
case of a family with children, the family's bedroom use shall be
determined before the number of permitted guest rooms are
determined, and no family member shall be displaced for a guest
room."
6. Section 31.01, Subdivision 25 (f) 11 of the Stillwater City
Code is amended to hereafter read as follows:
1131.01, Subdivision 25 (f)
11. A Bed and Breakfast establishment shall show proof of City
building, fire and planning inspections, proof of operation
licenses by Washington County and shall submit the State sales
and use tax number for their business to the Community
Development Department."
7. Section 31.01, Subdivision 25 of the Stillwater City Code is
amended by adding (f) 12 which shall hereafter read as follows:
1131.01, Subdivision 25 (f)
12. Restoration or additions to a Bed and Breakfast shall meet the
Secretary of Interior's standards for rehabilitation."
8. Section 31.01, Subdivision 25 of the Stillwater City Code is
amended by adding (f) 13 which shall hereafter read as follows:
1131.01, Subdivision 25 (f)
13. All Bed and Breakfast Special Use Permits shall be reviewed
annually by the Community Development Department. A report
shall be submitted to the Planning Commission and City
Council, during November of each year."
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
ATTEST:
Mary Loy Johnson,LC&erk
Published: November 19, 1992
22nd day of
October 1992.
Wally Abrahamson, Mayor
VAC 100
CASE NUMBER
Case Numbors—U#I-L - 2y
Fee Paid __ $70-00_______
Date Filed _ --------
PLANNING NING ADMINISTRATIVE FORA"
Street Location of Property: ___L _S��,._" �___ f_� , s� re�%4'�
of Cci, n�� /�LI�i�TU2S PL��
Legal Description of Property: ___Loi________________ Owner: name .v-f---7 __ S C 1-�_ - (l T�1 pit(
- 1�
Address iz-- - --- ---- Pone:
Applicant (if other than owner): Name ---------------------------------
Address ------------------------------ Phone ----------------
Type of Requests- ___ Rezoning ___ Approval of Preliminary Plat
_ �Spocial Use Permit ___ Approval of Final Plat
_ Variance ___ Other ---------------------
Description of Request. _L`�2L 6-'
r L /-a
---------------------------------------------- _ _ _____ ________
*NOTICE: ENGINEERING FEES MAY BE BILLED TO APPLICA[ �__
Signature of Applicant:
Date of Public Hearing: _____________________ �. _..__..___---_-__-____
NOTE: Sketch of proposed property and structure to be drawn.on back or this form or at.
tached, showing the following:
1. North direction. Z 34
2. Location of proposed structure on lot,
3. Dimensions of front and side set -backs.
4. Dimensions of proposed structure.
5. Street names, W`c�c,
6. Location of adjacent existing buildings. x, pf�TR,
7. Other information as may be requested.
Approved ___ Denied ___ by the Planning Commission on
subject to the following conditions: _________ --
--------------------------
Approved ___ Denied ___ by the Council on ---------------- subject to the
,ol owing conditions: ----------- ------------------------------------
Comments: (Use other side),
REQUEST FOR A VARIANCE AND SPECIAL USE PERMIT
TO CONVERT 1306 THIRD ST. S. (THE LAMMERS HOME)
TO A BED AND BREAKFAST
This home was built in 1889 by Albert Lammers, one of Stillwaters leading lumber barons,
and because of its historic significance, has been placed on the National Register of Historic
Homes. The description from the National Register document reads "the house is the best
articulated example of the Queen Anne style in Stillwater'. Since they purchased the home
in 1990, Dr. & Mrs.John Hilpisch have invested time & money into restoring the original
character of this home, much to the delight of the community. The local trolley tour has included
this home on its tour, large tour buses make regular stops in front and people make a special
trip to Stillwater to view this home during each holiday. Christmas, Easter, Memorial Day, 4th
of July and especially Halloween all bear special exterior decorations in observance of each day.
Each Halloween this home receives well over one thousand people, quite often adult couplesl
This draw from the public adds to the potential this home would have as a Bed & Breakfast.
The house is set up for a family of eight, as such it falls within a very small range of buyers
looking for a single family residence of this square footage. (Total interior square feet: 3800+)
However, due to the size of their family and the responsibilities, both financial and time manage-
ment, the present owners have found that they no longer can maintain this home in the manner
they wish, and that the home deserves.
The difficult decision was made to place their home on the market with the intent of finding a
large home in the country that would require less responsibility in maintenance. Linda J. Besk,
an agent for Edina Realty in Stillwater was contracted to list their home. Due to the high demand
in Stillwater for historic homes, Linda felt that a normal market time of six months would be more
than adequate to find a suitable, qualified buyer. The home was listed for six months in 1992,
then was taken off the market for repairs deemed necesary by feedback, and was placed back
on the market in March of 1993. The home at this time has been heavily marketed for over a
year.
Linda Besk notes there have been over 50 qualified parties who have viewed this home, most
of whom felt that the size and maintenance was overwhelming, or were intimidated by the
cultural responsibility of the homes status on the National Register. The remaining buyers
were interested in the home only if it could be considered for a Bed and Breakfast. We have
had a few buyers that have contacted the City for information regarding the special use permit
and variance, but due to red tape and discouragement, have fallen by the wayside. Thus, our
application to the City of Stillwater to hopefully achieve a means of selling and maintaining
the integrity of this fine residence.
Our desire is to see this historic home preserved rather than return to the allowable option of
once again becoming a multi -family dwelling due to functional obsolesence. Would the
neighborhood rather see this structure converted into a Bed and Breakfast or to an apartment
house?
The purpose of our application for a special use permit is already clearly defined in "31.01,
Subdivision 25 (f); as follows: (Please not underlined portions depicting our intent)
Bed and Breakfast PURPOSE
The City of Stillwater recognizes that Bed and Breakfasts are an asset to the community
for the preservation of our large, historic homes. It is the intention of the City to limit Bed
and Breakfast uses to those larger homes whereby. c' 1 e City an�
surrounding area by allowing appropriate adaptive reuse for such dwellings. Allowing Bed
and Breakfasts is in recognition that the expense of owning and maintaining lager historic
homes has made them less suitable for single-family dwellings.
COMPLIANCE WITH BED AND BREAKFAST ORDINANCE
Except for the fact that the home is located within 900 feet of a 2 guest room Bed and
Breakfast, it meets all the conditions required for a Bed and Breakfast:
1) At least two off-street parking spaces for owner/manager and one space for each rented
room. (Exhibit A -site plan) Existing garage provides owner/manager spaces. Parking
space for rented rooms shown to be feasible on either north side of home, or the less
desirable and most costly alternative of filling in the pool to create parking space.
2) Dining facilities to be used exclusively by the registered guests, not open to public.
3) The location of another Bed and Breakfast use within (3) three blocks, or 900 feet is
prohibited.
4) No liquor will be sold on the premises.
5) Bed and Breakfast identification sign not to exceed four square feet & match architecture.
6) A Bed and Breakfast is permitted in RCM or RB zoning only.
7) The Bed and Breakfast structure will be at least 100 years old and/or will show proof of
historic significance to the character of the city.
8) The maximum of five Bed and Breakfast bedroom units may be established within structure.
9) Adequate lighting must be provided between structure & parking areas for safety.
10)Additional external lighting is prohibited.
11)A Bed and Breakfast shall show proof of inspection/proper operating license by state/county
IN REFERENCE TO THE ABOVE CONDITIONS
3) As noted above, a variance is needed because of this homes proximity to the Heirloom Inn.
7) This home is 104 years old, (Exhibit B-documentation of status on the National Register of
Historic Homes) This residence also has proof of historic significance regarding the
character of Stillwater. More importantly, because of its age, historic and architectural
value, and notoriety, it meets the spirit and intent of the ordinance also.
8) The maximum of five guest rooms would be complied with. Realistically, four bedrooms
would be achieved based on our aprx. square footage of 3800+, with six current bedrooms.
The 3rd level apartment with two bedrooms would serve as owner/manager quarters.
DOCUMENTATION OF HARDSHIP IN SELLING A LARGER HISTORIC HOME
NOT SUITABLE FOR A SINGLE FAMILY HOME OR FOR A BED AND BREAKFAST
002587 BR- 6 BA-3/0/0 2.STORY CD S310,DO0
INFORMATION DEEMED 11-_LIABLE BUT NOT GUARANTEED
Subject Property f
� Vp
Ar.,lf��R
13061RD IT s Su96 /07FMAP 16- 2111MUN STILLWATER ZIP "0"2_.S 5144AR 727 SUB 6 ON 1 COU WASH J'1A11
SB S947 ASP N
LOT 128%134 ACR 0 N5 FOR 19 94 eP YBL 168% N
OIR HHIY 30 N ON OSGOOD, R ON DRLEANS. L OR SRO 1 040356
A NATIONAL HEGISMI? HPITORTIC HOME • ONE OF FTNES1 QUEEN
ANNE VICTORIANSI THIS MASTERPIECE HAS TOWERS, BALCONIES, A
PARADE PORCH, HUGE WRAP -A -ROUND PORCH, GINGERBREAD, CURVED
MHDOW �S ]RD R-OOR AP7. AN0 A P7OL-
N 093;52300
WAT CONNECT
REF.RNG,DW9,OSP
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SEW CONNECT
MPH,WSI DRY,DlP,POR. PEGI
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tl0 T 1.19 SA 2-15 ER
Df FI[f f0[NR REALTY INC. t064.17 11. 430.3200 AP, A30.3100
THE FOLLOWING HISTORIC HOMES WERE SOLD WITH THE POTENTIAL, OR WERE
ESTABLISHED BED & BREAKFASTS.
Note minimal days on the market in comparison to subject property.
The Ann Bean House
Days on market:_ 2 -
002377 qBR-8 qBA-8/010 STY-2+ST CONV L-$225,900
03/27/90 2 DAYS PTS-0 SO.8417 OLP-S225,900 S-$220,000
s ` T� Lc:
IT •-y1l, �����!!FF�l��jjELF3,, F � 1,{I�1k*5�I }�� 11,
319 PINE ST W
7AK S417I /90/ N
AP 216 -IA
MUM STILLWATER
ZIP 55002
FWA 14576
KE
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AR 127 SUB 1
COU WASH
ASS% 0 ASP NLOT
Il1k145
4'" 0
HS FOR 1990 _[ NL
1154_
OtR GRF[E%Y TO PINE EA57 TO HOME OH RIGHF CORNEA
Soto BEFORE PRINT
,
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AGN19MVERME SfRANCIS 4301711
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04134 11B60S30
Is SA3-B It" ER
James A. Mulvey Inn
Days on market: 0
001963 qBR-4 qBA-1/l/1 STY-2 ST CONV L-S162,000
08109/90 0 DAYS PTS-0 SO-8417 OLP $162,000 S4162,000
622 CHURCHILL W IA% $2222 10' F MAP 21A -58
MUN STILLWATER ZIP 55092 , E90 tAKf
AA 727 SUB 1 COU WA ASI T F ASP N
Olof ISO In AChO �.fS FOR 1991 :F t6L 1Pi1
Dw Ba1
(Cd. LOISIABLK 1 HOLCOh1E
5 AOOIIION 10 SIMAVA TER,MT
PIP S195.4450
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AGN SAILY O"FlIES.CR6152.3I71 PB Y SA 7.15 LIY ER
COLOWELL BANKER 3197 OFFH 435 3353 APT 435 3353
EDINA REALTY INC. Bill (%PB 41n-13M A.I nA-n
The Overlook Inn
Days on market: 81
#01980 4BR- 7 #BA-21211 STY-2 ST OTHR 0299,900
08109190 81 DAYS PTS-0 SO-8417 OLP-$299.900 5-$305,000
f .:. is•. I :s
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7fOLAUREI SF E IAX 55957 1197H MAP 118 •IA
MUN STILLWATER 11 SSGB2 1WA "I XE RVIEW
AR 727 SUB 8 COO WASH 1�ISIIOR
SS% a AS? N
LOT T.1 ACR 1.9 1990 IN YBL 1859
DO INN ST NOR IN 10 LAUREL Sr 7AxE RIGHI
A RARE JEWEL -By FAR THE MOST MAJESTIC VIEW RI SIRLWAICIA
THIS STATELY VICTORIAN FEATURES UNUSUAL ARCHITECTURE AND SIT
S PROUDLY ATOP 2ND ST HILL NEXT TO HISTORIC PIONEER PARK
PN1 10E90.2350 WAl CONN.W' Im REF AF+G.DW5f IH
t APRON. LAFROX SEWPRIV SEC. SUN.013R.11WF
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ID 3B 14X13 XS WOOD XF CLR 000 ASM N
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FR U 15X 11 GAR 2.0
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1B7 N 74BT Y ,F9 t4D0 SON 834 SOn 4LMI80 i875+98
AGN XAi11FRINF 1 f RAHCIS 4J0-1771 OR Y SA 7 1 LTY ER
EDINA REALTY INC 8417 OFPH 430.32DO APT 430-32DO
William Sauntry Mansion
Days on market: 12
N 044G-1 7RI1. D a8A•3 FOf0 S•2 ST CONV L-S714-900
02/09/88 12 DAYS LB-8025 S1134314 LA-0 00 INT- 0 00
PTS-000 S-S1811000 TYPE- OLP-SIB4,900
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MUN S11 21P IAX W.' S AAE
DISI "ISUB 9 COU141Y WASH AB 0 PEND
Lis 115X I50 AC Its FOR 19 091111"
10990.2700 APPROVED BY CITY FOR IEO 6 aREAXFAST. 4 PIE%NOW,
UNIGUE IIIST43R1C PROP, ORNATE FIRE PE ACES. t015 Of DRIGOAL W
GOD W 0Rx 1 FANTAS II S 1 AINLD OLASSGRFA T INV(ST.OW H YORU OWN MA
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AGI. PII JIM hICI IF EL011439.7451 $ 2.4 F
BLICINktDI REAtYY 1025 QIPH439.1451 APT
Heirloom Inn
Days on market: 13
N04,104 116111-4 NBA-2/0/1 S-2 ST ARMO L $135.000
04/01/1119 13 DAYS LO-8314 SO-8314 LA-0 INT-0
P75-0 S-S132,500 TYPE-CONV OLP-5129.900
67 F MN;(8 •19
1103 3P0 1 E SO
MUNSIILLWATER 21P 55082 1AXW/ASf1307 AKf
DIST 721 SUB 9 COUNTY WASH AB. 0 PE NO N
Lf50x0 41ACO HS FOR 1991 F rRBtF 180Q
01R N.OH 391N TO EFUEANR T0Inn 4 BLXS FROM ORL AH5
1141S PROPER I Y IS PANUNTIY USED AS A 8 S 8. WELL MAIN 11 NEa
VICTORIAN ON DOUBLE LOT. NATURAL WOODWORK, MAGNIFICENT OPEN
STAIRWAY. PARKAY FLOORS, FIREPLACE IN FORMAL PARLOR. A REAL
elm. - -
rnre IIII A w.1 cWLAcHRL i HEL SONS 2110 AD-11TUN IS
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SI RLWATFR REAEIY 8314 OFPH 439 8033 APT 477.8033
Battle Hollow Bed & Breakfast
Days on market: 17
C n A 1i7 tIrn nnrl c 1,71,R7 S164 4111E
t
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David Gebhard Tom Martinson
Architecture of Minnesota Minnesota
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Foreword
This book was conceived from its incep-
tion to supplement and augment the
Bicentennial exhibition, The Art aucl
Architecture of illinuesola, organized
and presented by the University Gallery
in Co11jUl1Ctloll with the Nlinnesota So-
ciety of Architects. The exhibition was
more than three years in the planning
stages, and at every step our desire was
to publish something other than an ex-
hibition catalogue — something at once
less ephemeral and more compreliensive
yet not boring that ubiquitous person,
the "interested layman," with heavily
erudite prose. In the end we decided to
publish A Guide to the Arc•hilecturc of
ublimiesota. Long a priority of the D,lin-
nesota Society of Architects, such a
guide seemed to us to be the sort of pub-
lication which would most nearly meet
our needs.
We offer the fervent hope that this vol-
ume will help )Minnesotans to see things
and buildings never truly perceiVed be-
fore — and will encourage them to
think more than once before bulldozing
the past and near -past away. For exam-
ple, a few buildings described in the text
have been razed since the manuscript
f'or the guide was completed. (By the
time the information reached us, the
production of the guide was )yell under
way, and we Nyere unable to modify the
text to indicate which buildings had
been destroyed.) All that is past is not
gold, but neither is it dross simply be-
cause it has been poorly maintained or
has gone out of fashion. We have not
been able to provide a town -by -town,
street -by -street guide, but we have in-
cluded the bro;idest possible selection of
interesting hllllSeS, public buildings,
and landmarks fl•om the various regions
of the state. The guide contains succinct
but vital information, and it is our hope
that With this volume in hand the
weekend traveler will be able to explore
a new face( of Minnesota's cultural
heritage.
)lave buildings of interest been over-
looked? We welcome letters front
readers who wish to call our attention to
important omissions or to any errors in
the lest. The information and sugges-
tions supplied by readers will be kept on
file and reviewed for possible inclusion
in a subsequent edition of the guide.
This undertaking could not have come
to fruition without the dedicated help of
the Historic Resources Committee of the
Minnesota Society of Architects. Among
students at the university our special
thanks go to 'ferry Pfoutz and to Peter
Petzling, a researcher estraordinaire
whose enthusiasm never (fagged, even
in the face of the most tedious detailed
tasks. Of the University Gallery stall',
Lynclel King, assistant director and act-
ing director, and Susan 131-ON'll, c11171tol•
and editor, denionstraled their abilities
as museum professionals of the highest
caliber, coping with daily crises with
aplomb. Finally, we would like to thank
\Irs. Georgia DeCoster, architecture
coordinator of the Minnesota Stale Arts
Council at the beginning of our project
and later executive director of the St.
Paul -Ramsey Bicentennial Commission,
tin• her unstinting help and support.
A Guide to the Architecture of dliuuetiola
serves aS a companion volume to Rena
Coen'sPoiiitiug mid Scurllilure in Miii-
ocsota, 1820-1911, which «•as also pub-
lished in conjunction lyith the Bicen-
tennial exhibition. We hope that to-
gether these books will initiate a new
awareness and reassessment of Min-
nesota's cultural heritage.
Barbara Shissler
Director
University Gallery
University of, Minnesota
Daniel J. Sheridan
Executive Director
Alinnesola Society of Architects
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THE.1
BIRTH PLACE OF MINNESOTA
MEMORANDUM
TO: PLANNING COMMISSION
FROM: STEVE RUSSELL, COMMUNITY DEVELOPMENT DIRECTOR
DATE: JULY 8, 1993
SUBJECT: REQUEST TO REZONE 3.7 ACRES OF LAND IN THE
STILLWATER WEST BUSINESS PARK MULTI -FAMILY
RESIDENTIAL MEDIUM DENSITY, RCM
The site is currently designated community facility in the
Comprehensive Plan (West Stillwater Business Park Plan)
and zoned Business Park -Industrial. The site was
designated community facility because of its location next
to residential development to the east (Charter Oaks) and
north (Highlands). Courage Center is located to the west
and a street is currently being constructed between
Courage Center and the site. A 5 acre neighborhood park
will be developed as a part of the Highlands Development
to the north and west (see attached map).
Although it is not part of the rezoning request, the City
has been contacted by a developer of housing for the
physically handicapped. They have shown interest in a
portion of the site for a multi -family rental project.
RECOMMENDATION:
Approve rezoning request including Charter Oaks
residential development site.
FINDINGS:
The request is consistent with the Comprehensive Plan and
existing land use pattern.
CITY HALL: 216 NORTH FOURTH STILLWATER, MINNESOTA 55082 PHONE: 612-439-6121
PAC 100
Case Number, /_0' 1C.,
y3=
Fee Paid
Date Filed _ML_� �� 3
PLANNING ADMINISTRATIVE F04Pv1
Strcct Location of Property: �?�'? _z_______________ .
Legal Doscription of Property:���r
Owner: Ncme--
Address ��3_ � -� 22 wv_u d __-�= -- Phone:
Ap•pliccnt (if other than owner): Name____-___..______W___w-_--_______ti__
Address ------------------------------ Phone: ---------------
Type of Request:•_ Rezoning ___ Approval of Preliminary Plat
Special Use Permit ___ Approval of Final Plat
___ Variance _ Other
Description of Request: _p.7a1 �zZ.__,[rJ1z?zz __?�_�� -_____
_----------------_------__--------------------
Signature of Applicant: '_"e__ !§_
Date of Public Hearing: ________-_----------------..__--_-_-____-____-
NOTE: Sketch of proposed property and structure to be drawn, on back of this fo l Y�
tacked, showing the following:
1. North direction.
2. Location of proposed structure on lot.
3. Dimensions of front and side set -backs.
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4. Dimensions of proposed structure. W wNA
,' - � � � ��
5. Street names. C.}
6. Location of adjacent existing buildings. . ' LQ
7. Other inforniation as may be requested.
Approved ___ Denied ___ by the *Planning Commission on ___________ (date)
subiect to the following conditions: ____________________________________
Approved ___ Denied ___ by the Council on ______________ subject to the
following conditions: ____ '-----------------------------------------
------------------------------------------------------
Coi•nments: (Else other side) , -
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PLANNING APPLICATION REVIEW
CASE NO. SUP193-41
Planning Commission Meeting: July 12, 1993
Project Location: 801 West Pine Street
Comprehensive Plan District: Two Family Residential
Zoning District: RB
Applicant's Name: Jon and Rita Graybill
Type of Application: Special Use Permit
Project Description:
A modification to a previously approved Bed and Breakfast permit to increase
the number of guest rooms from three to four.
Discussion:
The request is to add an additional bedroom to an existing three guest room
Bed and Breakfast. The Graybill's were issued a Special Use Permit to conduct
a Bed and Breakfast on August 31, 1992. Since that time, the City has never
received complaints in relation to their business. Guests have always parked
on the site.
The request is to add the additional guest room on the second floor. As shown
on the plan, and after inspection of the home, the additional room (guest room
#3) will not change the configuration of what is the original floor plan of
the structure. A small door opening will be added in the closet of the room to
provide direct access into the bathroom.
The home meets the square footage allowable and lot size for a four bedroom
Bed and Breakfast. There is adequate room on the site to provide for the one
additional parking space.
CONDITIONS OF APPROVAL:
1. All present conditions of approval apply.
2. The Heritage Preservation Commission shall review the proposal and make
the determination, if indeed this structure can accommodate a four
bedroom Bed and Breakfast.
FINDINGS:
The proposal meets the intent of the Bed and Breakfast Ordinance and Zoning
Ordinance.
ATTACHMENTS:
- Application form
- Presentation materials.
i?AC 100
Case Number�_'��3 7'I
Fee Paid _--____-_-_----
Date Filed --___-__--___-
PLANNING ADMINIS T RATIV2 FORM
Street Location of Y•
Propert --------
Legal Description of Propertys
Owner: Nome --- �`I•J___ __v_� _��i%---'---. �?r� _
Address �------ Phone:_= 7z5
Acpliccnt (if other than owner): Name _--_----_______------ ---
Address _
------_-___- Phone: ---------------
Type of Request: ___ Rezoning ___ Approval 'of Preliminary Plat
___ Special Use Permit __-- Approval or Final Plat
___ Variance _e-k-' Other __--_----.._ -_-_--
Description of Request: cars'-_-
'C1_�-
--/E- _----•--------------------- -- � ------
Signature or Applicant:.._
Date or Public Hearing: _--- ��-------------------......-_..____
NOTE: Sketch of proposed property and structure to be drawa.on bath 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 iniormation as may be requested.
Approved ___ Denied ___ by the'Planning Commission on ---_.._-_--- (date)
subject to the following conditions: ____________________________________
Approved ___ Denied ___ by the Council on -______-
following conditions: - --- ---------w-_-__-_-_--_
- -__- subject to the
---------------------------------------------------------
Comments: (Use other side),
June 16, 1993
Heritage Preservation Committee:
Rita and I are requesting a modification to our special use
permit from three to four guest rooms at The Elephant Walk.
Last year when we applied for the permit, we only had three
rooms ready and therefore applied for that number. Restoration
of the interior is now complete and provides a forth bedroom
not utilized by the family.
Our home complies with all the guidelines of the bed and
breakfast ordinance to allow four guest rooms. The home was
built with five bedrooms on the second floor and one on the
first floor. The square footage of the first and second floor
is 4100 square feet. Our lot size is 22,825 square feet.
Restoration of the house has been undertaken with the upmost
care to finish all rooms to their original configuration. No
walls anywhere in the house have been modified in any manner
with the exception of plaster repair. The house is in the exact
layout as its original construction in 1883. This has been made
possible because of the advice and counsel of the children and
grandchildren of the original owner, a Mr. John Caesar. Where
baths have been added, they have been installed in existing
closets, without any modification to existing walls.
Parking for four guest vehicles, virtually hidden from Pine
street, is provided in a paved area to one side of the original
carriage house. Drawings of the first and second floor layouts
and the parking area are enclosed with this request.
Our goal in the restoration of the home has been to return it
to it's original glory and historically accurate state with
minimal impact of an operating bed and breakfast. I believe
we have succeeded in that goal. Your consideration of our request
is greatly appreciated.
Sincerely,
i
n G. Gra ill
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July 13, 1992
Planning Commission
City of Stillwater
Stillwater, MN 55082
Dear Commissioners:
The following is a description of our home and our plans for a Bed and Breakfast
establishment.
Featured in the 1991 Stillwater Historic Homes Tour, our home at 801 West Pine Street
was built in 1883 for John Caesar, owner of Stillwaters Jewelry and Clock Store. It is a
stick style victorian with vertical and horizontal trim accentuating numerous tall windows.
Mr. Caesar had a large clock installed in the front gable to advertise his trade. The house
,has an ornate, wrap around porch extending across the front and along one side. Of the
two similar stick style victorian homes constructed in successive years on the other sides,
ours has the only remaining porch so essential to this style.
Owned by John Caesar from 1883, the home was sold in 1922 to Herbert Anderson, co-
founder of the Anderson Window Company. Both he and his wife died in 1923 and the
home was bought by Bert Lund who for many years served as Stillwater's Mayor. The
home gained notoriety during prohibition as the site of Berts Speakeasy where
"prominent" local officials gathered in the basement to play poker and conduct unofficial
city business. The speakeasy remains to this day.
Rita and I bought the home from the Lund family in August of 1990 after returning from
a diplomatic tour in Thailand.We have spent the last two years restoring the home and
have furnished in with antiques from over 20 years of world travel.
Our plans for a Bed and Breakfast include three rooms, one on the first floor and two on
the second. The remaining three bedrooms on the second floor will be our living quarters.
The home sits on a large 190 x 120 foot lot with a Stillwater brick sidewalk to the front
porch and quiet gardens in the rear. The lot is surrounded by large pines and I have
constructed an 88 foot privacy fence between our home and our closest neighbor to shield
the guest parking area from view. Guest parking is between the carriage house and the
back walk on a recently poured drive. The parking area easily accommodates three autos
without blocking access to the two car carriage house. Lighting for the parking area
Page - 2 -
will be provided by a single halogen light affixed to the carriage house and pointed away,
from the surrounding residences.
We will provide a three course breakfast for guests only and will not serve liquor.
The nearest Bed and Breakfast is the Ann Bean house at 319 West Pine, four and one half
blocks away.
Our sign will duplicate the turnings on the front porch, be conservative in design and will
have an area of less than four square feet. A drawing is attached.
After purchasing the home two years ago Rita and I have been working, quite literally day
and night to prepare for the Bed and Breakfast. We have the enthusiastic support of our
neighbors and will devote full time to our sole occupation as inn keepers. Both of us are
state department trained diplomats and feel highly qualified to operate in this people
oriented profession.
Thank you very much for your consideration.
Sincerely,
Rita and Jon Graybill
801 West Pine Street
Stillwater, MN 55082
430-3725
PLANNING APPLICATION REVIEW
CASE NO. V/93-42
PLANNING COMMISSION MEETING: July 12, 1993
Project Location: 809 North Fourth Street
Comprehensive Plan District: Residential
Zoning District: RB, Duplex Residential
Applicant's Name: Tim and Amy Stefan
Type of Application: Variance
PROJECT DESCRIPTION:
The request is to construct a single family residential residence on a 10,500
square foot lot located in the Duplex Residential District.
DISCUSSION:
The proposal is for a single family residence and single car garage. Two
variances are required; one for the height of the structure and one for the
garage setback from the street.
The site is irregular and requires a unique design to be developed. The
development regulations for the district allows a height of 2 1/2 stories and
35 feet. The structure measured from the street (west) elevation is 38 feet in
height and three levels. As measured from the north or side elevation, the
structure is two stories and 28 feet. The second variance is for the garage.
The garage is proposed to be set back 20 feet from the street. A 24 foot set
back is required.
The site is unusual because of its topographic condition. A ravine runs
through the center of the site leading to a major drainage way to the rear of
the site that serves as a stormwater runoff channel and sanitary sewer line
for the area. The design of the residence fits the site. The residence bridges
the ravine and would appear as a two story residence from Fourth Street if it
could be seen with the 54 foot set back.
The design is not typical of Stillwater but the site is unique. The proposed
single family residence is consistent with area land use. Sewer and water
services are available to the site. Special soils information would have to be
provided by the developer to insure the stability of the slopes and
foundation. Visually, the project would not impact the riverway or require
special utility or access considerations for the City.
No drainage or grading plans have been submitted for the project, although the
site plan shows major trees to remain. Utilities to the site are available
but the method of servicing the site must be approved by the City Utilities
Department.
RECOMMENDATION:
Approva with conditions.
CONDITIONS OF APPROVAL:
1. Agra Ong ra nage plan shall be approved by the Community Development
Director before building permits are issued.
2. The method of connecting to water and sewer and irl shall be approved by
the Water Department and Public Works Departments before building
permit approval.
3. The railing along the sidewalk shall be repaired or replaced to protect
pedestrians from the adjacent steeply sloped areas before construction
of the residence begins.
4. A soils report shall be provided to the Building Inspector to certify
the safety and proposed construction of the structure on the site.
5. The structural stability of the wall along North Fourth Street shall be
certified by a qualified professional before a- building permit is
issued for the residence.
6. If possible, sanitary sewer services shall be provided from North
Fourth Street.
ATTACHMENTS:
�- Plans.
I
1'M.; IOU
Case Number'
Fee Paid __ --------
CASE NUMBER__ _ _ Date Filed _!CZ— 23____
PLANNING ADMINISTRATIVE FOR
Street Location of Property: ___ti_l___�.L��__ __- -_-__
Logal Doscription of Property: --_ -
r�
Owner: Name -_ r�_��!!_ G,11_-.._______-----_---------------_
Address--_--�C �'_� _..-� _L-- _ ------ Phone: ---------------
--
Applicant (if other than owner): Name --------------------------__--___
Address ------------------------------ Phone: ----------__---
Typo of Requestc Rezoning ___ Approval of Preliminary Plat
___ Special Use Permit ___ Approval of Final Plat
_2_�IYariance ___ Other ___________ ___---_
Description of Request:�-----_L�
-----
*NOTICE: ENGINEERING FEES MAY BE BILLED TO APPLICANT.
Signature of Applicant: -------------------------
Date of Public Hearing: ---------------------------------------------
NOTE: Sketch of proposed property and structure to be drawn.on back of this form or at -
Cached, showing the following:
p
1.
North direction.
��
2.
Location of proposed structure on lot.'
3.
4.
Dimensions of front and side set -backs.
Dimensions
of proposed structure.
5.
6.
Street names.
Location of adjacent existing buildings.
7.
Other information as may be requested.
Approved ___ Denied ___ by the Planning Commission on
subject to the following conditions:
Approved ___ Denied ___ by the Council on ____________ ____ subject to the
following conditions: ------------------------------------------------
Comments: (Use other side),
30 June 93
City of Stillwater
Planning & Zoning Commission
214 No. 4th St.
Stillwater MN 55082
RE: HEIGHT VARIANCE / HOUSE BUILDING PERMIT
TO ALL MEMBERS,
We are applying for a residential building permit which requires a height variance. We are proposing to build a
horne on a unique site located at 809 North Fourth Street. I have enclosed a set of plans (site plans,
elevations, floor plans).
THE SITE
The parcel of land is 70' x 150' (10,500 SF). Its physical features are a 100+ year old stone retaining wall 17'
high, two steep sloping surfaces forming a gully, two large cottonwood trees, several 12 " dia. elms. and mist.
ground cover. The gully does not carry surface water from off site areas. An old railing exists in disrepair along
the sidewalk and stone wall, The site has been to date a spot for dumping garbage, lawn clippings and
miscellaneous debris.
QUR PROPOSAL
We intend to build a single family home on the above parcel. We have studied the site, its environment, the
adjacent neighbors and have designed a home that we feel addresses the unique site in a sensitive, creative
and efficient manor. As the plan indicates, we intend to bridge the gully to minimize our impact on existing
grades, drainage, vegetation, and limit our footing foundation work. We then propose a 3 floor (lower, main,
upper) residence resting on two steel beams (see plans enclosed). The building mass was created to be
compatible with the neighbors north and south. The materials selected are to be expressive of the commercial
structure south and residential property north. The bridge allows existing contours to remain and enables us to
retain as much existing vegetation possible. We are intending to plant ground cover (woodland, wildflower seed
mix) and coniferous trees to enhance the woodland character of the property. The site currently drains along
the bottom of the gully. This drainage flow will be retained and eventually enhanced as a site feature. We
anticipate the large elms and one large cottonwood will remain. We will probably eliminate the one cottonwood
which is topped. The stone wall is being cleaned up and the garbage removed from the gully. The railing will
be replaced.
VARIANCE
This unique site has presented a problem in defining a ground plane in which to measure a maximum building
height. (Current city ordinance limits height to 35' and 2 1/2 stories). If the height is measured from the gully
elevation we are exceeding the height. We are requesting a variance to the ordinance to accept the structure
as proposed. We feel the height of our home should be measured from the main level which is the same
elevation as the street. The exposed lower level should be considered similar to a walkout. This brings the
height of our home within the limit.
We realize we could address our site as typical and bury the lower level keeping the height within the limit. We
have choosen not to because we felt it was not a sensitive solution to the site and the city would also recognize
this and grant a variance. We also request we are included on the 20 July 93 City Council meeting.
Respectfu
Tim and Amy Stefan �,
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PLANNING APPLICATION REVIEW
CASE NO. V/93-43
Planning Commission Meeting: July 12, 1993
Project Location: 225 North Greeley Street
Zoning District: Central Business District
Zoning District: CBD
Applicant's Name: Garry and Sara Gilberg
Type of Application: Variance
Project Description:
A variance to the one-story allowable for accessory structures. The proposal
is to construct a two-story garage at 225 North Greeley Street.
Discussion•
The request is to remove an existing two-story garage which is presently
located to the rear of the propery and construct another two-story garage
toward the front of the property. This will provide the rear yard with more
open space.
The applicant has not submitted elevation drawings of the garage.
There should be no habitable living space on the second floor of the garage.
Conditions of Approval:
1. The applicant shall submit an elevation plan of the garage for review
and comment by the Commmunity Development Director.
2. No habitable living shall be allowed.
RECOMMENDATION:
Determination of request.
FINDINGS:
Without additional information, findings cannot be made.
ATTACHMENTS:
- Application Form
- Site Plan.
iW.; 1JU
Case Numbor V I ��3 =-
Fee Paid
CASE NUMBER.- Date Filed '/La_3__—__
PLANNING ADMINISTRATIVE FORM
Street Location of Property: `=_ S _+ _----_-
Logal Doscription of Property:
Owners Name L� �r�,------------------
Address _ ?_� ------- _(�� o -------- Phone:_ --
Applicant (if other than owner): Name ----------- �"- Ll — --,t _ C� -- _--__
Address ------------------------------ Phone: ----------..___-
Typo of Requestr ___ Rezoning ___ Approval of Preliminary Plat
___ Special Use Permit ___ Approval of Final Plat
_'�L Variance :__ Other ______________-____
Description of Request:
_ Yam_+CiLi _ I �`� I� C��/�= h___ 1"�..r�"___`-�4 - Se- c [.��' ✓`-_ .7 �-75YU
*NOTICE: ENGINEERING FEES MAY BE BILLED TO APPLI.CAI h� ��cr_�
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: 4rf 3"¢ 5�
1. North direction. �`'�s►�
2. Location of proposed structure on lot, ti .lt•�'19�3'' -
3. Dimensions of front and side set -backs.
4. Dimensions of proposed structure. V'�oo
5. Street names. , C.fry 01 ■o"S". x
6. Location of adjacent existing buildings. t" • '� 10s,
7. Other information as may be requested.
Approved ___ Denied ___ by the Planning Commission on ----------- (dute)
subiect to the following conditions: __________________________________
Approved ___ Denied ___ by the Council on ____ subject to the
following conditions: ------------------------------------------------
Comments: (Use other side),
• i i t •7-r ��-f 1'�a GL� VS �
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PLANNING APPLICATION REVIEW
CASE NO. BM/93-44
Planning Commission meeting: July 12, 1993
Project Location: 850 North Martha Street
Comprehensive Plan District: Two Family Residential
Zoning District: RB
Applicant's Name: Joel Wahlin
Type of Application: Building Moving Permit
PROJECT DESCRIPTION:
A request to move single family house from outside the City of Stillwater to
850 North Martha Street.
DISCUSSION
The proposal is to move a single family residence to the vacant lot at 850
North Martha Street. The lot has 7,500 square 'Feet. Seventy five hundred
square feet is required for a single family residence. The house is a simple
one story structure similar to other newer houses in the areas. The proposal
meets the setback requirements. The parking regulations require one covered
and one uncovered parking space. To meet the parking requirement, a garage
must be constructed at this time.
The project has been reviewed by the City Public Works and Water Departments.
City services are available in the area and the specifics of service
installation will have to be approved by those departments.
A Building Moving Permit is required from the City Building Official and
Police Chief to make certain all building requirements are met and the
building moving route and schedule is coordinated with City departments.
RECOMMENDATION:
Approval.
CONDITIONS OF APPROVAL:
I. A garage sha] he constructed to provide required covered parking.
2. City water and sewer services shall be provided to the site as
required by the Public Works Department and Water Department.
FINDINGS:
The proposed use is compatible with the single family residential character of
the area and meets the zoning requirements.
ATTACHMENT:
- P a� n s.
PAC 100
Case Number f 42L--�
Fee Paid
Date Filed
PLANNING ADMINISTRATIVE FORM
Street Location of Property:
5 ::fir
F11FI7J
Legal Description of Property:
Owner: Name -------------------------------
Address --- Phone:
Applicant (if other than owner): Name _-----------------
___________
Address------------------------------ Phone: ---------------
Type of Request:- ___ Rezoning ___ Approval of Preliminary Plat
___ Special Use Permit* ___ Approval of Final Plat
___ Variance ___ Other
Description of Request: Lefit,� �________
-_-------. _-------_--_-----------.------- --------- ; -------.-
Signature of Applicant:
Data of Public Hearing: ---------------------------------------------
NOTD: Sketch of oronosed ornnerty anti stnirtnre t_n_ }1p eirnun nn },ar7e of fhic fnrm nr mt.
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.W��`���1
M
Approved ___ Denied ___ by the'Planning Commission on date)
subject to the following conditions: ____________________________________
------------------------------------------------------------------
Approved ___ Denied ___ by the Council on ---------------- subject to the
following conditions: ----__-`-____-___________________________________
------------------------------------------------------------------
Corn,ments: (Use otizar side), - _
KArl COKdflAdIOK COMfAKt
I, Joel K. Wahlin would like permission to move a single story home that
own from !2163 Otchipwe Ave. North in the township of May, to Lot 5,
Block 11, Staples and May's Addition in Stillwater, that I also own. The
street name and number is shown as XXXX North Martha Street. The
house will be moved by the Johnson Moving Company of Stillwater. The
route will be down Otchipwe to Stonebridge Trail, then south to West
Wilkens Street. Left on Wilkens three blocks to North Martha Street. Right
on Martha 21 /2 blocks to the site located between West Elm Street and
West Hickory Street. The taxes on both parcels have been paid for the
first half of the year. I have included the photos of the home and the lot it
is to be moved to. I also have had an architect draw a front elevation and
a site plan to show how the home will look after the move, and to show
that the drainage of the lot will not be altered as to cause water problems
with adjoining properties. The house is less than 13 feet tall so there will
be no utilities or wires that need to be moved, and it is narrow enough to
easily fit on the roads specified. We would like to move the home as soon
as a permit can be obtained.
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PLANNING APPLICATION REVIEW
CASE NO. SUP/93-45
Planning Commission Meeting: July 12, 1993
Project Location: Land just south of the Brick Alley public parking lot.
Comprehensive Plan District: Central Business District
Zoning District: RB, Duplex Residential
Applicant's Name: Andiamo Enterprises
Type of Application: Special Use Permit
PROJECT DESCRIPTION
Request for0car parking lot.
nTV1PI CTnm-
The proposal is to construct a 30 car parking lot. The site has been graded
and is located just south of the Brick Alley public parking lot west of the
railroad.
This land was recently purchased by Andiamo Enterprises from the railroad. The
parking lot design would not meet conventional parking lot design standards
but could accommodate approximately 30 cars. The parking lot as proposed would
be accessed from the north end of the Brick Alley parking public parking lot
as controlled by a gate. A barrier would need to be constructed between Main
Street and the south end of the Brick Alley lot to limit access.
The Downtown Design Guidelines and Downtown Entry Corridor Study stress the
importance of minimizing views of parked cars and maintaining the natural
appearance of the corridor along the south Stillwater entry to the entry sign
at the south end of the parking lot.
Besides the lower location of the lot, a landscape plan has been prepared for
the site. The landscape material will help screen the parking area from Main
Street and block access from the Brick Alley parking lot.
RECOMMENDATION:
Approval as conditioned.
CONDITIONS OF APPROVAL:
1. The landscape plan as shown in the agenda packet shall be installed by
May 30, 1994.
2. The final parking lot surfacing and drainage improvements shall be
constructed as required by the Community Development Director to
minimize erosion and impact on the railroad line.
ATTACHMENTS:
F ans.
OAC 100
Case Number
Fee Paid ._.._____________
Date Filed
PLANNING ADMINISTRATIVE FORM
Street Location of Property:
Legal Description of Property: _____--___-_
Owner: Name __.�-dJ.,�1 __��,�.1��__-____-____-__
Address
Applicant (if other than owner): Name --------- ._/J F,- -------------
Address ------------------------------ Phone: _______-______-
Type of Request ___ Rezoning ___ Approval of Preliminary Plat
. Special Use Permit ___ Approval of Final Plat
___ Variance ���--,, Other ------
Description of Request: __C.r.tr _____
------------------------------------------------------------------
Signature of Applicant: _w_-..___-
Date of Public Hearing: ----------------------------------------------
NOTE; Sketch of proposed property and structure to be drawn.on back of t'us 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 the'Planning Commission on (date)
subiect to the following conditions: _____________________________-_______
Approved ___ Denied ___ b the Council on ---------------- sublet; to the
following conditions: __------------------------------------------
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ORDINANCE NO.
RESTRICTIVE SOIL ORDINANCE
Subdivision 1. Legislative Findings and Purposes. The City of Stillwater finds
that certain areas within the City are characterized by certain soil types,
slopes and water levels which, without proper corrective action, are unsuitable
for development in these areas increasing soil materials into groundwater,
encourages pollution, destroys ecological and natural resources and requires
expenditures of public funds to correct deficiencies; thereby acting to the
detriment of the health, safety and welfare of the citizens of Stillwater.
Therefore, the purpose of this ordinance are to provide for the regulation of
development on restrictive soils in such a way as to minimize the risk of
environmental damage and to protect private homeowners and governmental units
from incurring high maintenance and capital costs resulting from the necessity
of correcting deficiencies encountered as a result of development on poorly
suited soils.
Subd. 2. District Boundaries. This ordinance shall apply to areas within the
City of Stillwater which are delineated on the official soils map of Washington
County as contained in the Washington County Soil Survey and have soil types set
forth in Table A (attached). For purposes of determining the application of this
ordinance to any particular parcel of land, the above -referenced map shall be
on file in the office of the city clerk and shall be available for inspection
and copying.
Subd. 3. Definitions.
A. Person. An individual or firm, corporation, partnership, association
or other private body or governmental entity.
B. Structure. Any building which may provide shelter for any person,
animal or item of property_
Subd. 4. Restrictive Soils Development Permit Provision.
A. Except as hereinafter provided in this ordinance, no person shall
erect any structure within restrictive soils areas without having
first obtained a written permit from building inspector authorizing
the same.
B. Exceptions. The permit requirements established by this ordinance
shall not apply to:
1. Any public agency or its contractor or any person performing
work within a right-of-way of any public agency pursuant to
a permit issued by such public agency.
2. Emergency work necessary to preserve life or property. When
emergency work is performed under this section, the person
performing it shall report the pertinent facts relating to the
work to the building inspector prior to the commencement of
the work. The building inspector shall review the facts and
determine whether any emergency exists and shall, by written
memorandum, authorize the commencement of the emergency
exception. The person commencing emergency work shall, within
ten days, following the commencement of that activity, apply
for the issuance of a restrictive soil development permit and
ont the issuance thereof may be required to perform such work
as is determined to be reasonably necessary to fulfill the
purposes of this ordinance.
3. Development consisting of the corrective alteration, repair
or maintenance of any lost full use of land existing on the
date of adoption of this ordinance.
C. Application for and Processing of Permit. A separate application
for a permit shall -be made to the building inspector for each
development for which a permit is required except that only one
application need be made for two or more such acts which are to be
done on the same parcel. The application shall include a map of the
site and a delineation of the soil found in the site along with a
plan and cost estimate of the proposed development and such other
engineering data, surveys and other information and material as may
be required in order to determine the effects of such development
on the affected land and the suitability of the soils for said
development. When proposed work includes construction or alterations
of structures, such work shall be submitted with the application,
along with detailed drawings of any special foundation structures
and/or special provisions for on -site sewage disposal.
D. Issuance of Permit. The following standards shall govern the
issuance of permits for development within restrictive soils overlay
district:
1. General Standards. Development on restrictive soils shall not
be permitted until an investigation and subsequent report has
been completed and presented to the building inspector by a
professional engineer or soil scientist experienced and
knowledgeable in the practice of soils and soils mechanics,
and until the recommendations thereof have been incorporated
into the design plan and specification. No permit shall be
issued for development on soils deemed by the ordinance to be
unsuitable.
2. Attached hereto and labeled Table A is a grouping of
restrictive soils from the Soil Survey of Washington County
which are hereby incorporated and made a part of this
ordinance.
The soil symbols set forth in Table A
are highly restrictive for residential,
commercial, industrial or other
development due to high water table
(three feet or less), steep slope
conditions (18 o slopes or greater), high
shrink swell potential, high frost
action potential, or shallow to bedrock.
No development permit shall be issued
unless it has first been demonstrated
by the developer that buildings shall
be constructed in accordance with the
standards found in the Minnesota State
Building Code for appropriate soil
conditions and that a soil absorption
disposal system can satisfactorily
function in accordance with municipal
regulations. Said standards are hereby
incorporated by reference into this
ordinance.
E. Conditions. A special permit may be approved subject to compliance
with conditions reasonable and necessary to insure compliance with
the requirements contained in the ordinance which are specifically
set for in the permits. Such conditions may, among other matters,
limit the size, kind of character of the proposed development,
require the construction of other structures, including special
foundations and soil stabilization structures, establish required
monitoring procedures, require such alterations of the site as may
be necessary and/or require the conveyance to the City of Stillwater
or other public entity of certain lands or interest therein.
F. Time of Permit - Extensions, Reviews.
1. A permittee shall begin the work authorized by the permit
within 60 days from the date of issuance of the permit unless
a different date for the commencement of work is set forth in
the permit. The permittee shall complete the work authorized
by the permit which in no event shall exceed more than 12
months from the date of issuance. The permittee shall notify
the building inspector at least 24 hours prior to the
commencement of work. Should the work not be commenced as
specified herein, then the permit shall become void; provided,
however, that if prior to the date established for
commencement of work, the permittee makes written request to
the building inspector for an extension of time to commence
the work, setting forth the reasons for the required
extension. A permit which has become void may be renewed at
the discretion of the building inspector upon payment of a
renewal fee. If permit for such work may be granted only upon
compliance with the procedures herein established for any
original application.
2. Notice of Completion. The permittee shall notify the building
inspector in writing of the termination of the work authorized
and no work shall be deemed to have been completed until
approved in writing by the building inspector following such
written notification.
3. Inspection. The building inspector may cause inspections of
the work to be made periodically during the course thereof by
himself or a member of the building inspector staff and shall
._cause.a final inspection to be made following the completion
of the work.
G. Variances and Appeals. Variances and appeals for this ordinance
shall be administered pursuant to Chapter Subd. of the
Zoning Ordinance.
Subd. 5. Responsibility; Effect.
A. Responsibility. Neither the issuance of a permit nor compliance
with the conditions thereof, nor with the provisions of the
ordinance shall relieve any person from any responsibility otherwise
imposed by law for damage to persons or property; nor shall the
issuance of any permit hereunder serve to impose any liability on
the City of Stillwater or its officers or agents.
This ordinance shall be in effect from and after its passage and publication
according to law.
Adopted by the City Council this day of , 1993.
Attest:
city clerk
Mayor
16 Planning June 1993 j'► ��
Lam'/ J
Homework
P R A C T I C r
A proposal to solve the dilemmas caused
by changing work patterns.
"Dan
has become
an everyday occur-
rence as U.S. businesses seek
to remain competitive in a glo-
bal economy. As a result, large
numbers of workers are likely
to find themselves without a
steady paycheck. Many try to
pick up the pieces by becom-
ing free-lancers of one sort of
another, and in many cases
their home becomes their work-
place.
According to a national sur-
vey of home -based businesses
conducted annually by Link
Resources, a New York research
and consulting firm, 39 mil-
lion Americans worked out of
their residence in 1992, nine
percent more than the previ-
ous year. Of those, 12.1 mil-
lion were "primary self-em-
ployed homeworkers," defined
as individuals who earn most
of their income by operating
home businesses as consult-
ants or contract workers. The
rest worked part-time at home,
or they were telecommuters
or corporate employees work-
ing at home after business
hours.
Technologically, there are
few problems with working at
home, at least when it comes
to professional services. Com-
puters, modems, and faxes
make it easy to establish an
office in a residence. Tradi-
tionally, however, local zon-
ing ordinances have prohib-
ited any sort of home occupation
in residential areas. That has
left many home workers in a
gray area, often at odds with
the law.
As a consultant, I have
worked with several commu-
nities in Bucks and Montgom-
ery counties, Pennsylvania, to
revise their zoning ordinances
to reflect this change in life-
style. I have also developed a
By Michael Frank
model ordinance, the major fea-
tures of which are offered here.
Eight categories
The model defines an "acces-
sory home occupation" as an
"accessory use that is clearly
subordinate to the residential
use of the property." But un-
like typical ordinances, which
lump all home occupations into
one category, the model ordi-
nance distinguishes eight use
classifications and assigns to
each category its own locational
regulations, development stan-
dards, and review procedures.
That means, for example, that
a lawyer must procure only a
single permit to set out a shingle
in almost any neighborhood,
while an auto body shop re-
quires a public hearing before
the zoning hearing board.
The categories and their stan-
dards are:
• Professional offices, de-
fined as "a service -oriented
business use." The ordinance
recognizes that, while some
professional services generate
little traffic, others, such as
doctors, lawyers, and real estate
agents, could have a large num-
ber of clients. Thus, one off-
street parking space is required
for each nonresident employee,
plus one additional space for
each 200 square feet of office
space, up to a maximum of six.
To ensure continued compli-
ance, the zoning permit must
be renewed annually.
The ordinance also recog-
nizes that successful practition-
ers are likely to take on associ-
ates, and a growing business
could endanger the residential
character of the neighborhood.
Thus, there is a provision lim-
iting the number of nonresi-
dent employees to two.
• Personal service busi-
nesses, "including, but not lim-
ited to, barbers, beauticians,
or photographers." Standards
are tighter in this category be-
cause of increased client traf-
fic. The model ordinance sug-
gests restricting this use to
Michael Frank in his office, the hayloft of an old barn in downtown Doyleslown.
Frank and his family live next door.
�F
z
"ice � �•1 + S . � � _.., ....-_
17
P L A
P R A
The numbers of home workers
are zooming, as these graphs
show, and now many
communities are trying to
figure out how to attract their
share. Among other efforts:
The Lone Eagle project of the
Center for the New West, a
research group in Denver, is
studying the characteristics —
and needs -of "independent
knowledge workers. " It's aided
by a grant from the Edison
Electric Institute. The sign
below shows that not all home
work is a new phenomenon.
detached dwellings, limiting
beauticians and barbers to two
chairs, and allowing only one
nonresident employee. The
parking requirements are the
same as for professional ser-
vices, but only four nonresi-
dent spaces are allowed.
• Instructional services,
including music instruction.
This category can be good or
bad for a neighborhood, de-
pending on the type of instruc-
tion being offered and the
N N I
C T I
amount of noise generated. The
ordinance allows general in-
structional services such as tu-
toring to take place in any type
of dwelling, so long as only
four students at a time are
present. In contrast, "instruc-
tional services involving musi-
cal instruments" are restricted
to detached dwellings.
No nonresident employees
are allowed for either type of
instruction. One off-street park-
ing space is required for every
two students being instructed
at any one time, with four non-
resident spaces the maximum.
• Home craft businesses,
including artists, sculptors,
dressmakers, and furniture
makers. The danger in this use
is that the craft business could
evolve into a retail store; that's
why the model ordinance speci-
fies that all items sold must be
completely manufactured on
site. These uses are permitted
only in detached dwellings or
accessory buildings, and they
N G
C E
may employ only one nonresi-
dent. The ordinance requires
one off-street parking space per
300 square feet of floor area,
with a maximum of four spaces
allowed.
• Family day care, defined
as care for four to six children.
For this use, approval from
state public welfare authori-
ties is required before a zoning
permit is granted. The model
ordinance allows family day
care only as an accessory use
in a detached dwelling. It re-
quires a minimum of 100 square
feet of fenced outdoor play space
per child, and the play area
must be at the side or rear of
the house. Only two nonresi-
dents may be employed. One
off -site parking space is required
for each employee, and there
must also be a dropoff area
sufficient for three cars.
Because day care services
may be controversial, the or-
dinance classifies this use as a
special exception and requires
a public hearing before the zon-
ing board.
• Trades businesses —elec-
tricians, plumbers, carpenters,
and so on —are also considered
special exceptions and require
a public hearing. The model
ordinance allows a residence
to be a "base of operation for
the business" but specifically
prohibits "the conduct of any
phase of the trade on the prop-
erty." The parking provision
allows only one truck or van
(under three-quarters of a ton) _
to be kept on site (in a garage).
The ordinance prohibits any
"assembling, manufacturing,
processing, or retail sales" on
the property.
■ Bed and breakfast. The
model ordinance limits bed and .
breakfasts to detached dwell-
ings and sets a cap of six guest
rooms. It is specific about the
number of occupants (no more
than two adults and two chil-
dren per room) and how long
they can stay (14 days). To
answer a common fear that
the guesthouse will evolve into
a restaurant, the ordinance lim-
its food service "to breakfast
and afternoon tea." One off-
street parking space must be
provided for each guest room,
either located at the rear or
screened by a five-foot fence
or hedge.
The ordinance specifies that
the use must be carried on
primarily by members of the
immediate family, who must
reside on the premises. This
use, too, must be approved by
the zoning hearing board as a
special exception.
• Repair services and other
home occupations. Under this
category, which is also a spe-
cial exception requiring a hear-
ing, the model ordinance spe-
cifically excludes automobile,
truck, and motorcycle repairs.
18 Planning June 1993
A N N
A C T
No nonresident employees are
allowed, but on -site parking is
required for each 300 square
feet of floor area used for the
home occupation.
A good solution
This classification of home oc-
cupations permits a consider-
able amount of fine tuning.
For example, it recognizes that
instructional services would
be good neighbors in most ar-
eas, but that music instruc-
tion might not be. Hence, the
Variations on a Theme
mittee organized by the local chamber of commerce took on
home occupations issue in 1991, working with John Wesley;"
AICP, the city's community development director.
The committee proposed several changes in the existing law;,,
among them allowing two employees (the old ordinance al
lowed none); prohibiting all retail sales (the old ordinance"
allowed the sale of crafts); and setting strict traffic standards.`::.
Early last year, the new ordinance was approved by both the
planning commission and the city commission.
By mistake, the law was never published. Only when Wesley.:
tried to enforce the "no retail sales" provision did the particulars. -
of the proposed law became generally known, attracting wide --
spread interest —and complaints.
"Just about every home -based business person in town came
to the next meeting of the planning commission," says Wesley.
The meeting even made the television news in Oklahoma City.
Asa result, the planning commission formed a citizens' group to
study the issue. Eventually, the group came up with its own -
proposal. After a lot of back and forth, city planners and home
business owners agreed on the current, compromise version,
which became law on March 6. =
The new law allows any number of employees, any type of retail
sales, and up to 50 vehicle trips per day, so long as the business-�`
activity does not cause "a nuisance to surrounding property own-
ers," harm "the peace, health, or safety of neighborhood residents,
or change "the residential character of the neighborhood."
The Stillwater ordinance defines home -based businesses'
broadly —as "any occupation or business activity" that is`,
dental" to the residential use. With that as a starting point,'';
residents who work at home need only keep a low profile to :xi
remain within the boundaries of the law.
Mary E. Fiorenza
Fiorenza is a writer in Madison, Wisconsin, who works out of her home:
I N G
I C E
requirement that music instru-
ment instruction can take place
only in detached dwellings.
Some communities may choose
to limit trades and repair ser-
vices to lower density areas,
where neighbors are fewer.
Similarly, bed and breakfast
uses may be limited to either
rural areas or historic, old town
centers.
However, some standards
in the model ordinance apply
everywhere in the community.
For instance, only the resi-
New Hanover Township, Pennsylvania, and the city of Stillwater,
Oklahoma, are both innovators when it comes to regulating
home -based occupations. But their strategies differ as much as
their landscapes.
New Hanover, some 40 miles north of Philadelphia, is a still -
rural area dotted with unincorporated villages. In 1980, it had
just 4,900 inhabitants. About five years ago, however, with the
completion of U.S. 422, the township's population began to
grow (to 6,000 today). At about the same time, the township
code enforcement officer, Henry Clemmer, started receiving
phone calls from professionals interested in moving to the area
and wondering about the legality of working out of their houses.
Since then, New Hanover has worked with planning consult-
ant Michael Frank to overhaul its zoning ordinance, including
its section on home -based occupations. The ordinance that was
completed in 1990 created seven different categories of home
occupation, each with its own standards. (Unlike Frank's model
ordinance, this one did not include bed and breakfasts.)
Early this year, New Hanover amended itsnew code to once
again make most home occupations a "use by right," requiring only
registration and a S25 tee. Until the change, anyone wanting to work
at home legally had to apply for a conditional use or special
exception permit. That meant going through a hearing before the
local board of supervisors or zoning board of appeals and paying for
it, too. (Costs ran about $500.) "Home day care,* "trade business,"
and "repair services or other" still require a hearing.
Unlike New Hanover's ordinance, which defines and sets
standards for various types of home occupations, the home
occupation ordinance Stillwater passed this spring deals almost
exclusively with effects. It sets no standards relating to the
conduct of business inside the home.
Stillwater, located midway between Oklahoma City and
Tulsa, is a college town with a population of just under 37,000,
including Oklahoma State University's 18,000 students. A com-
19
dent of a dwelling should be
allowed to conduct business
on the site. Signs, lighting, and
window treatment should not
be allowed to detract from the
residential character of the
neighborhood. Most important,
parking for commercial
vehicles should be strictly
regulated.
The ordinance supplies 10
general standards, which ap-
ply to all home occupations:
• The home occupation must
be conducted at home —in other
]P L
words, in the residence of the
principal practitioner. It must
also be carried on indoors.
• The use may not exceed
400 square feet, and at least
850 square feet must remain
in residential use.
• No changes may be made
to alter the residential charac-
ter of the building.
• Only one sign is permitted.
• Commercial vehicles must
be kept in a garage.
• There can be no parking
in the front yard. Parking ar-
Alarketplace Village in Oak Creek, Wisconsin, just
south of Milwaulzee, is a tourist attraction, a craft
village with a 19th century theme. But it's also a home
worker's dream, with apartments above the shops.
A
N
ITT
I
N
G
A
C
T
I
C
E
Some 20 years ago, chemist Edmund Barbara, now 79,
set up a laboratory in his garage in Rye Brook, New
York, to prepare mercury for dental fillings. Now the
U.S. Fnviromnenta/ Protertinn Agenry is winding up a
S4.5 million effort to dispose of the contaminated soil
in Barbara's neighborhood (who pays is not yet clear).
The lab did not conform to local zoning.
eas must be at least 10 feet
from the property line, and
lots with three or more spaces
must be screened by hedges or
fences.
• No exterior storage is
allowed.
• Work that produces noise,
vibration, glare, fumes, odors,
dust, or electrical interfer-
ence with neighbors' radio and
television receivers is strictly
prohibited.
• The list of home occupa-
tions specifically excludes these
uses: animal hospitals, com-
mercial kennels, funeral parlors
or undertaking establishments,
antique shops, restaurants,
rooming houses, dancing
schools, and tearooms.
• A zoning permit is required
for all new accessory home
occupations and for all changes
and expansions.
Last November, Jane Bryant
Ouinn wrote in Newsweek that,
as of January 1992, "less than
half of the 5.6 million workers
displaced over the past five
years had been able to find
new full-time jobs. Around 11
percent took part-time work.
Another eight percent became
self-employed, perhaps because
they had no other choice." The
future is likely to be equally
bleak. The American Manage-
ment Association last fall sur-
veyed 836 companies and re-
ported that 25 percent planned
cuts between July 1992 and
June 1993.
Such figures suggest that sig-
nificant numbers of Americans
will have to rely on their own
resources, rather than an em-
ployer, to make a living. And
that situation will affect the
economic stability of many com-
munities as well. It's time now
for local governments to change
their zoning codes to reflect
these new trends.
Michael Frank is a planning con-
sultant in Doylestown, Pennsylva-
nia. He is the former community
planning director of Bucks County.