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Home My WebLink About1988-05-09 CPC PacketZoning Zone 1 1 crier THE BIRTHPLACE OF MINNESOTA May 4, 1988 THE STILLWATER PLANNING COMMISSION WILL MEET ON MONDAY, MAY 9, 1988 AT 7 00 P M IN THE COUNCIL CHAMBERS OF CITY HALL, 216 NORTH FOURTH STREET AGENDA Approval of Minutes - April 11, 1988 PUBLIC HEARINGS 1 Case No SUP/88-24 - Special Use Permit to conduct lawn and garden sales in a 1,600 square foot temporary greenhouse and outSide area designated for this use at 2001 Washington Avenue North in the Industrial Park Commercial, IP-C District Super,Value Stores, Inc (Cub Foods), Applicant 2 Case No SUP/88-25 - Special Use Permit to fill and grade an approximate 2,000 foot road at 1250 South Main Street in the General Heavy Industrial/Two Family Residential/Bluff land/Shoreland/Flood Plain District Frank Aiple, Sr , Applicant 3 Case No V/88-27 - Variance request to construct an eight foot fence (six feet required) at 203 West Hazel Street in the Single Family Residential, RA, District Richard A and Julie Edstrom, Applicants 4 Case No SUP/88-28 - Special Use Permit to operate a furniture refinishing business at 111 South William Street in the Two Family Residential, RB, District Chris and Laura Fischer, Applicants 5 Case No PUD/88-29 - PUD Concept Plan for a 3 5 acre parcel to be used for commercial development and a 10 6 acre parcel for a 106 unit, three story apartment building on 61st Street at the future Frontage Road access road (behind Burger King in the Forest Hills/Frontage Road/South Greeley Area) in the Two Family Residential, RB, District Augustine Brothers, Applicants 6 Case No SUP/88-30 - Special Use Permit requesting placement of two signs on the Grand Garage Building, 324 South Main Street, in the General Commercial, CA, District One sign is a chimney sign (roof) sign, the other is an additional "major" face sign Estebans of Stillwater, Applicant 7 Sign Ordinance review a Purpose b Definitions c Permitted and prohibited signs CITY HALL 216 NORTH FOURTH STILLWATER MINNESOTA 55082 PHONE 612 439 6121 • i 9 STILLWATER PLANNING COMMISSION MINUTES Date April 11, 1988 Time 7 00 p m Members Present Gerald Fontaine, Glenna Bealka Jean Jacobson Jay Kimble Chairman Mark Ehlenz Don Valsvik Steve Russell, Comm Dev Director Members Absent Rob Hamlin Nancy Putz Judy Curtis Chairman Fontaine called the meeting to order APPROVAL OF MINUTES Motion by Mark Ehlenz, seconded by Jean Jacobson to approve the minutes of March 14, 1988 as submitted PUBLIC HEARINGS Case No SUP/88-15 - Special Use Permit to construct a free-standing sign along Myrtle Street, County Road #12 across from the intersection of Deerpath and County Road #12 for Stillwater Jaycees Softball Fields Michael Polehna for Stillwater Jaycees presented the request for a 6 ft x 8 ft sign to be located on the North side of County Road #12 on the East side of the driveway to the ballfields Larry Cardinal, resident across the street, asked if the sign will be parallel to the road Mr Polehna stated he was not sure if the sign would be parallel or at an angle to the road Motion by Don Valsvik, seconded by Mark Ehlenz to approve the request with the condition that the sign shall be set back five feet from the County Road #12 right-of-way Motion carried 6-0 Case No SV/88-16 - Request to vacate a portion of Water Street between Mulberry and Laurel Streets in the General Light Industrial District Michael McGuire presented the request The Commission reviewed a letter from Short -Elliott -Hendrickson regarding possible future routing for a water main Don Valsvik suggested that the Downtown Plan Committee review the request at their next meeting, scheduled for April 20 Motion by Don Valsvik, seconded by Jean Jacobson, to recommend approval of Case No 88-16, subject to utility easements or walkway easements as required by the City or the Downtown Plan Motion carried 6-0 -- A-- % Planning Commission Minutes April 11, 1988 Cage No. V/88-19 - variance request to construct a garage with a six foot sideyard setback (20 foot minimum required) at 1901 North Second Street Barry Bailey, owner of the property, presented the request The request is to construct a 24 x 26 ft garage with 6 ft setback on East Willow Street There is a 9 x 10 ft shed on the property which the owner plans to retain Don Valsvik made a motion, seconded by Mark Ehlenz, to approve the request for a variance with the following conditions 1) Provide an accurate survey of lot showing setback of garage and location of drainfield before building permits are issued 2) The 9x10 ft shed shall be removed from the property or attached to the garage Motion carried 6-0 Case No. SUB/88-17 - Request to resubdivide four lots (2 77) acres into five lots of 15,646 to 28,814 square feet in the Multi -Family Residential District located on the Northwest corner of County Road 5 and Croixwood Blvd Heritage Development Company presented the application Tim McCauley, who resides near the property, stated that in 1984 the developer did not plant the buffer of trees which was required at that time, and suggested that a contingency fund be established to guarantee that the buffer be completed Dave Hanson, resident next to the property, expressed his concern that the units will be rented rather than sold, and also suggested a contingency fund to guarantee that screening be completed Al Ranum, attorney representing Mr Kilty, owner of the property to the northwest, asked for an easement on the property in order for his client to back his car out of his driveway Recommended conditions of approval are 1) A final drainage/grading plan shall be submitted before final plat approval 2) Necessary drainage and utility easements shall be shown on the final plat 3) The road width shall be increased to 32 feet per the City Engineer's comments and constructed according to City street standards for public streets 4) An access easement shall be executed giving the existing townhouse building access over proposed Lot 1 before the final plat is approved Motion by Mark Ehlenz, seconded by Glenna Bealka to approve the request with the four conditions of approval Motion carried 5-0, with Don Valsvik abstaining 0 Case No SUP/88-20 - Special Use Permit for 30 units, five 6-unit structures, located on the Northwest corner of County Road 5 and Croixwood Blvd in the Multi -Family Residential District Heritage • Development, Inc , Applicant 2 J( -k Planning Commission Minntr.= April 11, 1988 The following conditions of approval are to be met 1) Setbacks for lots 4 and 5 shall be 25 feet 2) Croixwood buffer zone shall be completed or bonded for completion before building occupancy 3)The Final Plat shall be approved by the City Council before the building permits are issued 4) Addresses for each residential unit shall be plainly marked 5) Any trash stored outside shall be in a sightly enclosure 6) The undeveloped site shall be maintained Motion by Jay Kimble, seconded by Mark Ehlenz to approve the request with conditions Motion carried 5-0, Don Valsvik abstained Case No. SUP/88-21 - Special Use Permit for a Bed and Breakfast at 1103 South Third Street (Driscoll's for Guests) Mark and Sandra Brown presented the application The home is currently being used as a Bed and Breakfast The Browns have signed a purchase agreement for the property and wish to continue operating the Bed and Breakfast part-time Motion by Mark Ehlenz, seconded by Jean Jacobson, to approve the request with the nine recommended conditions of approval Carried 6-0 • Case No. V/88-22 - Variance request for an oversized 1,280 square foot garage at 800 Pine Tree Trail Roger Grinstead, owner of the property, presented the request Jack Nelson, owner of property to the north, stated his concerns regarding the slope into his yard, the location of the driveway 16 feet from his house, and removal of a grove of trees The Commission expressed concern with the size (over 1,000 sq ft ) of the proposed building, drainage problem, and the existing tuck -under garage Motion by Don Valsvik, seconded by Jean Jacobson, to deny the request Motion to deny carried 6-0 Case No SUP/88-23 - Special Use Permit for conversion of a grain elevator to mixed use (commercial/office/residential) located at 421 East Nelson Street Michael McGuire, owner, presented the application The application is to convert the Commander Elevator into a mixed use three level structure the main level 1,900 square feet of commercial space, second level 800 square feet of office space and the third level a one bedroom apartment Jim Williams of the Freight House, and Joe Murphy of Vittorio's, were • present to express their concern regarding parking in the area Don Valsvik suggested that an additional condition of approval be that the exterior of the building be approved by the Downtown Plan Committee The Commission also determined that the building should be sprinkled 3 .*. '�L Planning Commission Minutes April 11, 1988 Motion by Mark Ehlenz, seconded by Don Valsvik to approve the request with the 10 recommended conditions of approval Motion carried 6-0 Case No V/88-24 - Variance to the rear and sideyard setback requirements (two feet proposed, five feet required) for construciton of a garage at 209 East Marsh Street George Doerr, owner, presented the application The variance is requested to build a new garage on the present location of an existing garage, and the owner wishes to use the present concrete driveway The existing garage has a two ft sideyard and rear setback Motion by Jay Kimble, seconded by Don Valsvik to approve the request with the following conditions 1) No run-off from the garage roof shall go on neighbor's property 2) The garage shall be located three feet from side and rear property lines with maximum one foot overhang 3) The side and rear walls will be sheetrocked for fire separation Motion carried 6-0 ZAT/88-1 - Public Hearing on Zoning Ordinance Text Amendment regarding Bed and Breakfast Uses in Residential Zoning District Two local Bed and Breakfast managers were present to review the draft ordinance and, after discussion with the Commission, did not express any ob3ections to the ordinance Motion by Don Valsvik, seconded by Mark Ehlenz to recommend approval of the Bed and Breakfast Ordinance Motion carried 6-0 The meeting adjourned at 10 10 p m Submitted by Shelly Schaubach Recording Secretary • • 4 PLANNING APPLICATION REVIEW • CASE NO SUP/88-24 Planning Commission Meeting May 9, 1988 Project Location 2001 Washington Avenue North Comprehensive Plan District Industrial Park Commercial Zoning District IP-C Applicant's Name Thomas Thueson (Cub Foods) Type of Application Special Use Permit Project Description The request is for a Special Use Permit to construct a 1,600 sq ft temporary greenhouse and provide for a storage/display area directly outside the designated structure in the Cub Foods parking lot Discussion The request is to construct 1,600 sq foot temporary greenhouse and provide a storage/display area directly outside the designated structure in the Cub Foods parking lot The greenhouse has been an annual promotion at Cub Foods This year the storage and display area directly outside the greenhouse will be an additional use The whole area of the greenhouse and storage area will be 3,990 sq ft using 22 parking spaces of the 627 parking stalls, leaving 605 parking spaces for customer parking The parking space requirement for Cub Foods is one space for each one hundred and fifty (150) square feet of gross floor area or 569 parking spaces The 605 parking spaces adequately meets this requirement Conditions of Approval 1 Prohibit parking in the four spaces immediately adjacent to the greenhouse area and the driveway 2 All sales and storage must be kept within the designated greenhouse, display and storage area Recommendation Approval Findings The proposed use will not be injurious to the neighborhood or otherwise detrimental to the public welfare and will be in harmony with the general purpose of this Ordinance Attachments Letters from Cub Foods dated 3/23/88 and 4/19/88 Plan Corporate Offices 127 Water Sheet, PO Box 9 Stillwater, Minnesota 55082-0009 612-439-7200 April 19, 1988 Steven Russell Director of Community Development City of Stillwater 216 N 4th Street Stillwater, MN 55082 RE Special Use Permit Stillwater Cub Foods Store Dear Steve Celebrating our 20th Anniversary 1968-1988 Please find attached a special use permit application for the Stillwater Cub greenhouse The purpose of the permit is to allow the storage and sale of lawn and garden items (plants, fertilizer) directly outside the temporary greenhouse I have also attached some explanatory material which describes the greenhouse itself If there are additional questions, please call me at 779-2052 Sincerely, Tom Thueson Cub Foods TT/s ja �J March 23, 1988 Steven Russell Director of Community Development Stillwater City Hall 216 N 4th Street Stillwater MN 55082 RE Temporary Greenhouse Request Stillwater Cub Foods Store Dear Steve I have enclosea some material which will describe the temporary greenhouse Cub Foods is proposing to erect in the Stillwater store parking lot the greenhouse promotion has become an annual event over the past several years at our Twin Cities area stores The data which I am providing as a tollow-up to our phone conversation this morning includes the following items 1) Two pages of specifications and a diagram illustrating the major characteristics of the greenhouse tubular framework 2) Before and after parking ratios, which show the impact of the greenhouse on available parking stalls The greenhouse is proposed to be 20 feet in width by 80 feet long, for a total of 1600 square feet It consists of 1 3/8 inch (o d ) triple coated, cold rolled steel framework having a wall thickness of 055 inches Connecting hoops are spaced 4' center -to -center The structure is covered with 6 ml polypropylene sheets, and all metal parts have a clear acrylic finish as well as rounded edges to prevent tearing Anchor posts are 30 inch reinforced rods, spaced every 4 feet These are 1 5/8 inch (o d ) galvanized rods The assembly process is clone under the supervision of Bailey Nurseries, Inc , 1325 Bailey Road, St Paul, MN 55119 They have built the greenhouses for the Cub stores for several years Bailey's contact person is Terry Schmidt at 459-9744 We anticipate using the greenhouse from Monday, April 18, to Sunday, June 19, 1988 The proposed greenhouse is identical to last year's, and occupies lei of 627 parking stalls, leaving a total of 609 stalls The building size of the Cub store is 85,278 square feet, and the ratio of parking stalls to thousand square feet of building space is reduced from 7 35 1 to 7 14 1 Under separate cover, I will mention your concerns to Gary Kaphing, our store manager Specifically, this will refer to your stipulation that all sales and displays must be within the greenhouse Thank you for reviewing these materials and for presenting this request to the council If I can be of further assistance, please do not hesitate to call me at 779-2052 0 Sincerely, Tom Thueson Franchise Administrator Cub Foods TT sja CC John Hooley Gary Kaphing Terry Parks I 9.� o t _ CUB FOOOSL Ft-= FINISH FLOOR -Et_- Y GR USE -MMpORAR .. PROPOSEDSTORAGE ! DISPLAY AREA ,;phI J•h� s 55 V � ii PLANNING APPLICATION REVIEW • CASE NO SUP/88-25 Planning Commission Meeting May 9, 1988 Project Location 1250 South Main Street Comprehensive Plan District General Heavy Industrial/Two Family Residential/Bluffland/Shoreland/Flood Plain District Applicant's Name Frank Aiple, Sr Type of Application Special Use Permit Project Description Special Use Permit to fill and grade an approximate 2,000 ft road at 1250 South Main Street This road is between the Warehouse (across from Oasis Cafe) and the Barge Office on Frank Aiple's property Discussion The request is to fill and grade the road so that it will be level with the Warehouse on the South side of the property (3 ft below '65 flood level) In order to raise this road to Warehouse level, as much as four feet of fill may be needed The fill and road surface will consist of existing material on the property The DNR was contacted on this matter Their basic concern was erosion on the East side of the road caused by flooding or by general run-off from the road DNR would like to see erosion stabilized in this area A sewer main runs directly under the road Public Works has two concerns One, the amount of fill needed to raise the road may make it difficult to get to the sewer main and two, the pressure from the amount of fill on the sewer main The City Engineer will be contacted for comment Conditions of Approval Erosion must a stabilized on the East side of the road 2 City Engineer to comment on the fill and grade Recommendation Approval Findings The proposed use will not be injurious to the area or otherwise detrimental to the public welfare and will be in general purpose of this Ordinance s ti • • PLANNING APPLICATION REVIEW CASE NO V/88-27 Planning Commission Meeting May 9, 1988 Project Location 203 West Hazel Street Comprehensive Plan District Single Family Residential Zoning District RA Applicant's Name Richard A and Julie Edstrom Type of Application Variance Project Description Variance request to construct an eight foot fence (six foot maximum required) Discussion The fence will be located on the South side of the Edstrom property and will run East to West To the South of this proposed fence is a new home with the backyard containing a dog and dog pen constructed of log posts and wire mesh The Edstroms feel that a six foot fence would not block the view of the dog pen area from the patio and deck, as well as the kitchen and eating area of their home The Edstroms would like to be screened from this area as much as possible and feel an eight foot fence would accommodate this The new home is also at a slightly lower elevation than the Edstrom home so they feel the fence must be eight feet to screen the area The fence will be approximately five and one-half feet high beginning at the West end of the property then run downward in a Northeasterly direction following the slight slope and reaching an eight foot height After a field survey of the area, a six foot fence would block the view of the neighbor's backyard Recommendation Denial Findings For reasons set forth fully in the discussion, the granting of the variance is not necessary for the reasonable use of the land or buildings Attachments Copies of photographs { 3 • F„ � I� � t " I I e e 1 x l , 1 q >?i+'� — a .� 1 r { r V �( f 1 i� i } �� t y I I fix { �f �' 1a�r d fi 7 r e�4i i4 a NhJ j I d"I °3 �!� t k It { i'S}vt dr a i r R r rat t S f �4 I j J re l n t• .. r It 1 tit }� } c"j s� I 1 My 'K, '` 1'! p. 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'bra'{ �' F i it i 1��.&"i A !F-. 7* �1 f�✓ 1 � � — �Jr � � I }ti �' 1ci+ �� .+ �'4� � t art � � saj^y f WT I S � F3✓'�� "-��"�1,K E� �'"�' �r �'� Yq �¢' �r r � " '' � to ��+ ti tl 4� � v e ,ir s u tk `it$lr 4' M-{ ti 1 -:1 +Y 1,S1 0. r4?4 1 " n Tf r4� t�-' �fi y _ �. t i n 1 , tiF �1 �1 r,j S^�y`ri�Yl�II nhrlt i.l�ry4U4pt3 it y 4J,4 J � �� iF air �rF�t'S'ha� r HIiY'Fr��kft+ i� s +r' ,r �iif. rf•A'�°r'�'r` 6y p C r Fc a A a t 7 4 ��'�j11wl4f��'i {4 1 � t h � nY1r r�}11. rr �• xs��dr �r� 9�f � � ;rr �� Alt �f5u` .`,_�r � i ¢ � t•.� � � � ��" A 1 ,�� dp�rr�k�s} iMtllx�} �r i� � t�"� � 1 �}xFf �f r aW r j J # irarfh r tr'i?�fAti-��{Irpp t� t� c • PLANNING APPLICATION REVIEW CASE NO SUP/88-28 Planning Commission Meeting May 9, 1988 Project Location 111 South William Street Comprehensive Plan District Two Family Residential Zoning District RB Applicant's Name Chris and Laura Fischer Type of Application Special Use Permit Project Description Special Use Permit to operate a furniture refinishing business Discussion The request is for a Special Use Permit to operate a furniture refinishing business in a garage which will be constructed on the property next month There are no homes adjacent to the property on Williams Street The location of the garage will be on the South side of the property next to the ravine The Fischer's have stated that they plan on having this business at this location approximately three years at which time they will move to a commercial location Chris Fischer will do estimates and pick-up and deliveries from his customers addresses so they will not create additional vehicular or parking activities Conditions of Approval 1 No sign may be erected which identifies the business 2 No excessive noise may be generated from the premises 3 Submit plans for the garage which show how the design of the structure will be in harmony with the residential neighborhood 4 The business will not generate additional on -street parking 5 All furniture refinishing will be done inside the garage Recommendation Approval Findings The proposed use will not be injurious to the neighborhood or otherwise detrimental to the public welfare and will be in harmony with the general purpose of this Ordinance • Attachment Certificate of Survey Letter from Chris Fischer dated April 25, 1988 0 April 25, 1988 Stillwater Planning Commission Stillwater City Council Stillwater, MN 55082 To Whom It May Concern My name is Chris Fischer and I live at 111 S Williams St Also at this residence is my wife Laura and daughter Tanya We have lived at this address for about 1 1/2 years I have been a life long resident of Stillwater My business at hand today is to request a special use permit from the City of Stillwater, to operate a Furniture Refinishing Business on my property I have spent about five years refinishing furniture for myself and for family/freinds I have been planing my business for about a year now My request is to operate my business in my garage which is being built within the next month The name of my company will be Fischers Furniture Restoration I am planning on operating my business as low key as possible, as to not disrupt the peacefulness of the neiborhood Some points I would like to make in regards to this statement are as follows 1 I won't be advertising my company's address, due to the fact that all my business is conducted over the phone or at the customers address (I do estimates and pick-up and delivery at customers address), therefore there would not be any traffic in regards to this request 2 My house and garage would be kept residential in appearence, a person would not even be able to tell that a business as located here 3 My business hour6s would be 8 00 to 5 00 on weekdays 4 I will not erect any signs of any type on my property idicating it as a business • 5 I will be doing all the refinishing inside the garage and would not be working outside at all 6 There will be no noise of any kind from this business In summary the only purpose my residential property would serve is as a place to do the actual work of Refinishing Furniture At this time, because of finances, the only way I could operate a Furniture Refinishing Business is to do it on my own property I plan on spending approx 3 years operating from my garage and build up a good clientall and reputation After this time I plan on moving to a commercial location I would like to point out that I live in a area were we are • pretty much to oursevles On one side is a revine and the other side the neigbors are facing the other street There are also serval business within two blocks of my property, (Davian, Co -OP, Greely St Building, Greely st Nursing Home, Nelsons Dairy, United Methodist Church) with regards to this much business in the neigborhood already and as low key as I will operate I hope you will see fit to issue this permit I have discussed my business plans with my two nearest neigbors (Pat Bonse and Rienburgers) and neither of them has any objections to my plans I have included with my request a copy of my property survey and the location of my garage If you have any questions please call me at 439-7699 Thank you for your time Sincer y { Chris Fischer 4 - - - PLANNING APPLICATION REVIEW CASE NO PUD/88-29 - Planning Commission Meeting May 9, 1988 Project Location 61st Street (Forest Hills/Frontage Road/South Greeley Area) Comprehensive Plan District Zoning District Applicant's Name Augustine Brothers Type of Application PUD Concept Plan Project Description PUD Concept Plan for a 3 5 acre parcel to be used for commermcial development and a 10 6 acre parcel for a 106 unit, three story apartment building nTCrIICCTnN The 3 5 acre parcel will be used for an unspecified commercial use The 10 6 • acre parcel will be a luxury three story, 106 unit apartment building with such amenities as a 75 ft swimming pool, whirlpool, a three story glass enclosed atrium, an indoor garden, exercise roo, saunas, daycare center and community room (See attached memo for full list ) Outdoor recreational features will include two tennis courts, a large children's play area shuffle board, and a putting green to name a few Also, a jogging trail will be placed around the property SEH did a feasibility report on this area to provide a street net plan for the area as well as a utility plan The report covers providing trunk sanitary sewer, watermain, storm sewer and streets for future development The City Engineer will be consulted on the street plan and utility plan and how it relates to this apartment complex Landscaping The site and landscape plan states that 1 All existing trees will remain on site or transplanted wherever possible to keep the aesthetic natural qualities of the site 2 Spruce trees will be placed around the edges of the site to create a buffer zone from existing or future commercial or residential sites Setbacks All setback requirements have been met • • Parking and Circulation The total parking spaces provided for the development is 238 cars This will provide two parking spaces per unit plus 26 additional spaces for visitor parking There is no landscaped buffer areas shown in the lot although this is not required, it may be recommended for aethetic purposes Density The complex will have 106 units on 10 519 acres of property, (including the dedicated City Park) Therefore, there will be 9 88 units per acre • Height The height of the apartment complex is three stories (40 ft ) from grade The height regulation for a Two Family, RB District is 2 1/2 stories (35 ft ) Open Space/Park Dedication The apartment complex is on 10 519 acres of land The land dedication on the North side of the property for the City Park (1 52 acres) includes the pond The residents of Forest Hills previously made an agreement with the City that this area would remain a green, open space buffer zone Pedestrian Circulation No sidewalks are shown from the parking lot to the apartment complex except where entrances have direct access Staff Comments Comments by the City Engineer have not been received The Water Department has concerns over where the water hook-up will be Public Works commented that 61st Street met width regulations The site plan, however does not show utility easements Not Included in Site Plan 1 No lighting plan for the site was submitted 2 Signage or location of signs on the site was not included ACTION BEFORE THE PLANNING COMMISISON Review the Concept Plans for the Pondview Apartment Complex for recommendation 2 1 • ALBERT LAWRENCE HOFFMEYER ARCHITECT AIA 1039 18TH AVENUE S E MINNEAPOLIS MINNESOTA 55414 TELEPHONE 331 6887 April 28, 1988 TO City of Still r_ : ,r Cl t;, i,t-1 216 TTortn 4tr Str=.et TTiz_ ecot) )50823 RE PTJD for to a E 1/,� - ' 11/4-SE1/4 and Wl/N-El/d SE1; 4-S"11 Excer,t the south 350 fe-t nd the E_mot 330 feet of Laid 6 l/4-till j 4 11 in -iection 33 T30t1R'01i. (-iu�,ustine ?roNerty) .TTN C.ty Co-ordi_a-tor lLr. ile K_rlesel Jear 11r. srlesel T^is let ter is :)art of tae appizc. ticn on oerialf of the su�asti.ae 3rotaers for '. P:TD so t leJ cU? Sevelor tCelr �ro,.ertj as ,_,edltiDitsly ab , Ds.Dible. • A. SJ�DIVI5ION 1. The aid section of t"e yr-r,crty borderiiAg 60th ;,t^ept North 711.L oe _ 3.5 aa—e , �r�el to oe , bed i or co e c� l de ielo ment. 2. On tle rema.n-10.6 -.cres will oe 100 twee at ry elev-.tor :j)_ltient coLyuleJ w-Lth tie f 011olvi1 az- a. UNIT , .4T 98 tv,o B. R. ;wits 1134 aq. ft. avec. _e 2 one B. R. units 80,4 Sq. ft. 6 eff is lencj L, its 475 sq. ft. 106 tot-1 units 30 ui,lts o,�en 1fto t :roe storf 1lf)ss t_ lair, Y i ird o )r - _r1 en. All thOrd fl.,or units a_ ie vaatlyd e l_ ;s. 4),9 tL ^d f10n, J?__t3 - B.R., 3' b_throc. iD li,v t1io -,- ener'j ef_1Jleiit fzre,1 _-e uet e_" ��Vl?_� r07ifi d I- .0con. Ill ,rcu_nd fl _- a,lts r �e ,?-tloa. T-e r r ,,,_1.t: r ve a_ lc or_j es. 9 r 0 ALBERT LAWRENCE HOFFMEYER ARCHITECT AIA 1039 18TH AVENUE S E MINNEAPOLIS, MINNESOTA 55414 TELEPHONE 331 6887 2 �; e JL,�tlne crotr_ers :?TD con't II D, IT ! ES 1. 75 ft. D1111 1'001 -.Lad tre _tr_LLM �. Trr--e s tosJ �1_ zs e �c L� _ed trlLalz _ l,d f o r s son 121d o c r _ ru en . 3. Exer-e room. omeub 5. v0 ��t,/ r00L. �_u --on It _ltj ri1tC'1F'�. �i041'' unIV roovi 1a e ditil Led 11,to tr_ree se, le roods b;, fold.-.- y_rtitlons. �.�ch roora 1S �N tt. x 36 ft. 6. -rts ',d r301n. 7. / •^ .-.s-o . g. Tr -sr c it,tes e ^r,t,/1n� Into tree i1clkul .x_d _el_, Dr,, rood coin. etors 1.1 tae e t n-L est _n-s on t e --rou ld floor. 1j. Year -c-La d forcer �,r Ft71a; �..L,d c:o_1n- s. -t,,rr, _n ._cto anit. 120 ,tor ltll0 Too _ 1 f-ro,it of each c_r s 3.11. I11 the }r_�e le '4v0 as hies• 12. Haximum so i id c cntrol. 13. Lobby 33.1ad el_v-to-r in etch an---,. (Tar a ) 14. Six Laulldr,/ rooi s. T,,o :_c'i floor. 15. Plckuyc -__d lel1 pry ro era 1__ e cn , _nIg for 00v1- : ctc. fz 0 ALBERT LAWRENCE HOFFMEYER ARCHITECT AIA 1039 18TH AVENUE S E MINNEAPOLIS, MINNESOTA 55414 TELEPHONE 331 8887 ..�_;a 3 -a�u�t�n� ��ro t' e=s PIS oc�ItId C, OWDOOP LI'IT ITI E5 1. T,io _-n is c ou -ts. cn� 13 ors _i,2,r _rea. 3. 3auf::le toot -d. 4. B_roeiLe. 5. Hors _s,,,e. 6. P,,,ttio 3 ;re -n. 7. Jo;� 1 _tith - 8, i_rte�a slots. 9. TTa>lm loll 1_l1dbcD_z; rl tvl'i s 95 on tr_nalml-.La-; _zed y reSnrVl?1; wS rivr Of +t e o Cl-: U L.L12 t__L �S _S � oS _1 1e. D. .:TEPR101R I 2MI _L3 1. Bl^lvi'a .i11 StaC� 0 1 i_1 • 2. Clad '130d I,_,ndo s ,d -trlum doors. 3. Cedwr trim. 4. 2404 sel-f 3.s2 alt sL ia—le roof. 5. �aSlB 0 r. lrtZli Ce f_aa Llalcrl ls• E. 2,2K DEDIO iTION 1. 1.5 acres (1)Jf t. �: 3GO ft. ) of laid or. south a tee. 2. . 8 c re s (115� t. x 3JO f t.) a_ _ n-1 o.i Lio rt h s, de. 3. 2.3 �CreS' t0+�1• E �;_ i_rl-. t0 ^atie l r_,e y0'11• l • ALBERT LAWRENCE HOFFMEYER ARCHITECT AIA 1039 18TH AVENUE S E MINNEAPOLIS MINNESOTA 55414 TELEPHONE 331 6887 - v `e- Y ' i,1� , ^c ` -E ?LTJ --o Zt'd 1 Tr -n n 111 •1 T T TTry r T ' TM TTT^i� i. T s e b-Di c s o e I t to d I t C - i,3 _C ZZ_ _ . D''o1Joit"L iD r, f31_ >. l�l C t �' �^�_ - t_cl 1 Sol. —^—eS. n S 1. T _ _ e1 ,_tie ec Dle L e a ' _1 1 t t el:, r5 f eel t' 5t_11 _1e �. CcI1-31v3 t of cz:, �'A3tic11 �a ��' led f�2 t a a f__i of 1Sc U' r-Ltc, o ori. 1-t1�, 11 l o.r :�iDa 21i, of i9cg. If d r, ve f art 3r _u, 3t.ors ^e_ �'1 + _ro feet, e '=-1 f o to -,i o r,e. TTTn"'I" TV L / or r v t .p PLANNING APPLICATION REVIEW is CASE NO SUP/88-30 PLANNING COMMISSION MEETING May 9, 1988 PROJECT LOCATION 324 South Main Street COMPREHENSIVE PLAN DISTRICT General Commercial ZONING DISTRICT CA APPLICANT'S NAME Estebans of Stillwater TYPE OF APPLICATION Special Use Permit PROJECT DESCRIPTION A Special Use Permit requesting placement of two signs on the Grand Garage One sign is a chimney (roof) sign, the other is an additional "major" face sign DISCUSSION Estebans of Stillwater has recently moved from the Brick Alley (423 South Main Street) to their new location in the Grand Garage (previously Gammon's Restaurant) They have placed an Estebans canvas sign on the flag pole The sign is a double face sign that is parallel to Main Street The additional sign that Estebans would like to place on the Grand Garage is a chimney (roof) IS sign This sign has previously been placed on the back of the Brick Alley with the letters running parallel The new placement on the chimney would place the lettering horizontal Estebans is also reopening the Cobblestone Cafe The sign they would like to place identifying their business is similar to the canvas Estebans sign which is now in place on the flag pole This new sign is approximately the same size (3 ft x 10 ft ), is double faced and is also parallel to the street Since the Estebans sign is considered a "major" face sign (the largest sign on the Grand Garage), the additional Cobblestone Cafe would also be considered a "major" face Two major points to these two requests include the following 1 Due to the new location of Estebans in the Grand Garage, additional signage is necessary so the business may be identified to vehicular and pedestrian traffic on Main Street 2 The architectural integrity of the Grand Garage would not be altered by the placement of these signs Conditions of Approval The chimney sign will not damage the brick on the chimney 2 No additional signage is permitted • 3 The chimney sign may not be illuminated Recommendation Approva Attachments Application Drawinqs Case Nurnber - - o Fee Paid __ Z�-- ------ %a • - Dct��a Filed ----- PLANNING A-I)MINIS i R'A i IVI FORNk - - y S'v_ ` Street Location o; Property -------------- - - Lac -al Doscrip-ion of Property ---�r--`�-�---- Gwrer a -- - - -- S _ P none �3v Add -ass / 3 Y -------------- gooliccn* (if other than owner) Name --------------- ------ q � Y S°= `mac 'It �---------- Phone `�3u _l� `�3---- `- dcress Type o-" Request--- Rezoning --- Approval of Preliminary Plc: ___ Special Use Permit ___ Approval of Final Pict Other S24P------------- - Variance - - of Request.{��--Gc�tiy_� —s- s De�sc-�pt�on _ Kj____________________________ I k7 �� ► c�$- Signctvre of Applicant ----- - - --- - -�� public Hearing ----------------------- ------------- _ KpTZ S4etc_. or. proposed prooe-r'y ana .. cture to be arawn on bacx oc this zor arA` �5'/1�� y tscaee, snowing tt^e sollowmg'4,0,919 1 North azrectlon. IV �dp, 2- Location of pronased struc+ure on lot. _ 3 Dimensions of front ana siae set -bads. r A"Z4 4 Dimensions or propasea structure 16-1 5 Stree* nar: es r 6 Loca.ioa or aclacent existing bi.uaings 7 Other MZornatioa as may be reques`ea. !slpLEl gpprovcd ___ Dcnied ___ by tho Planning Commission on _--_--_- _-- suDlecl to t:e followingconditions .--------- (acte) ------------- ------------ : -------------- gporoved ___ Denied ___ b,/ the Council an -------------- -- sublet to t:-s .ollowing conditions ------------~- se other side), - - Comments. (U !� •'�,� _ ..{ y,L I:� ''1 Il_� � ,i �.l ( i 1 !. tw J 1k 7 '. ,.�;A '�. Jl. I,t It '`�.Y�y r! 1'� • r"t' � _T} NL J1",'i': L, ltj�l N 4' T •!•\' • 1 `�'1F„ a. C�'.• -;.n r ..� ��. 'r 1�., J. !' tih.}yl1 •; I, f�.,. %} yrla• } � ar ,�1+- i. .••1'�• L+• ♦ ,;.• � �' . 11'• :.� i [ 1 ! 1 .� S t r + '1 1: � ., + � f . ;/ jr rl, �; r "" I v' • :.�r l' , [rf, �t< . ! 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NO None CERTIFICATE OF SURVEY BARREII At STACK STILLWAIER MINN 55082 MINNESOTA KLC,ISTEHLU LAND SURVEYOR Tel No 439-5630 i JNY MAUL 1 XCLUSIVF LY HOR Mr Kenneth Seefert, 10003 Mendel Road North, Stillwater, Minnesota 5508 RIPIIO N: The South 17 00 feet of the West 93 00 feet of Lot 6 Incept the West 43 00 feet of the N 7 00 feet of the South 17 00 feet thereof, the West 93 00 feet of Lot 8 and all of Lot 11 all in Block 12, Thompson, Parker and Mower's 2nd Addition, Stillwater, Minnesota, accor to the plat thereof on file and of record in the office of the County Recorder as Docume, Number 416049 s o indicates iron pipe set marked with a plastic plug inscribed STACK RLS 13774 • Indicates iron pipe found M or Meas indicates measured value Orientation of this bearing system is assumed R indicates recorded value •'This survey was conducted within the framework of stone monuments and resurvey data shown on Cit of Stillwater section map number 14, on file in the City Hall of the City of Stillwater Storm sewer improv,-ments shown hereon encroach on part of Lot 10, Block 12, without recorded easement The actual location of the westerly terminus of the 24"t concrete pipe running westerly from the concrete storm sewer drop box was not located by me in the course of this survl Dotted line indicates approximate location of centerline of ravine and existing surface water drainage route Overall parcel described above contains 12,300 sq ft , more or less Parcel described in Book 309 of Deeds, Page 68, Wash Co Records, was included in tax deed from State of Minnesota to Ken and Carol Seefert, Doc No 429940, for part of Lot 6, Block 12 The Exception to the part of Lot 6 described above is the parcel described in said Book 309 of Deeds, Page 68 hz V /" l JO �3 4 6 A Earc oesc 3 de- .309of pcc� w 11%7 a 0 a 43 00 KcsvTi D Al Y ZDT A& l wa 6 So /7,c"r f0 00 / - NB!• J � � ��.•fr L .vc 3� _ earl) f��r GEC ND ¢2595.2 Iy99144 1/ 1W f AWN T� 8 oh 2,957410 4 ? ♦ : % ° 1100046 !9 p/ 1 a 4392/3 vl I n A?eiM Zoe QT /D � SAY/NI' h4 n`ir''s'w,sr e.,: N s B Jy t �-r4✓a� Oeai Bor . 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IM %I lla�'7 4 U 0 d 7 I CA-, 0 Why 1:)1-a.ri1-1irig Cominissioriers Need A Shut Iri The Arm By Warren W Jones Traditional views about the role and function of planning commissions should be reexamined and modified, for a number of reasons The environmental movement and the resultant requirements for environmental impact review, conflict of interest and full disclosure laws, the changing understanding of the local citizens and elected officials as to the purposes of local public planning, the greater public scrutiny and criticism - all suggest that the conventional concept of planning commissions must be revised The traditional model for planning commissions is the appointed board of approximately seven or nine private citizens, who contribute time for little or no • salary in order to advise a city council or board of supervisors about development matters and the general plan Commissions have always had limited power, but may enjoy considerable influence in some communities Initially they were expected to furnish an independent view on matters of development policy and to resolve minor irequ..ties in the applicat-on of land use regulations More recently, commissions have been expected to evaluate complex development plans, to prepare general plans (in California, in accordance with legislative mandates and "guidelines" from Sacramento), and to review impact reports These are onerous tasks for part-time volunteers Often commissions have emerged as narrowly representative of only one set of community interests and goals rather than as truly 0 representative and independent and independent In recent years commissioners have faced new burdens and challenges which suggest that measures are urgently needed to satisfy many publics Are commissions ready for all this? Before considering the means available to make commissions more effective, first consider the principal purposes and functions of planning commissions 1 Hearing and representing diverse publics This is probably the principal current ,justification for the lay commission A professional staff, or a committee of the legislative body, could ,just as well review plans, hold public hearings, adjudicate differences between the public interest and private rights, and consider and recommend for adoption proposed public policies and plans The special and useful role of the commission is to assist the legislative body by screening proposals, ideas, and public opinion If commissions truly represent the public interest, rather than merely individual- or diverse special interests, they can form and reflect public opinion, screen out inappropriate notions, _include marginal ideas for consideration, be advocates,— for other ideas and proposals (especially of minority groups), and take the heat off the legislative body _ -by absorbing the -flak _associated with controversial issues Representative and ,conscientious lay bodies can and do perform such legitimate functions 2 Considering and recommending policies and plans In most ,jurisdictions public policy, comprehensive plans, specific area plans, implementation programs, capital improvement programs, land use regulations, and the like are prepared by a professional staff, preferably in a close and continuous working relationship with citizens' advisory committees The role of the commission is to consider and evaluate their work, to articulate and advocate the interests of the public after holding public hearings, and to recommend goals, policies, plans and programs to the legislative body for adoption A commission should recognize that legislators will weigh and consider the commission's recommendations among the recommendations -of others, ought to receive an_ independent recommendation from the professional staff and others, and will have its own (political) interpretations of the public interest to consider before making final decisions Commission should also recognize that planning is no longer merely land use planning, but an activity circumscribing interrelated policies governing transportation, economic development and employment, population growth and residential development, environmental management and resource preservation or exploitation, energy conservation, recreation, and the pursuit of life by an increasingly diverse population 3 Reviewing development proposals and environmental impact reports Commissions now typically spend most of their public service time at meetings reviewing development plans or holding hearings -on and considering requests for the rezoning of property, use permits, subdivision map approval, and the Board of Adjustment & Appeals reviewing variances Very often commissions do little else and conclude,_ therefore, that this activity is their sole- reason for being Many have discovered that selected permits ("minor' use - permits and variances, for example can be approved by a staff perso* subject to criteria, regulations, and procedures set down by the commission by resolution or by the legislative body by ordinance, with appeal procedures to the commission by any aggrieved party This delegation of authority leaves more time for the commission to execute its other functions Environmental quality legislation emulating the National Environmental Policy Act brings commissions into a new type of plan review Both procedurally and substantively the review of environmental impact reports is a variation on a theme But, if the full intent of this new legislation is adhered to, commissions may be ` expected to learn more about environmental systems, growth inducing and environment modifying impacts, and the short and long range consequences of J their decisions The next step may predicted to involve measuring t� economic and social impacts of both private and public pro )E ct- Iinpiu t reports are intended as full disclosure statements, so it is incumbent upon commissions to ensure that the report it reviews, whether prepared by its staff or others, are complete and thorough, full of good news and bad The commission must then ,judge, for example, whether reported adverse impact is likely to be too severe to warrant public approval of the project, `"for the commission must assume some responsibility if - an adverse condition damages the environment or private property Clearly, the day is past when a commission or legislative body can merely refer to the zoning ordinance _for simple and precise answers about what uses are permitted, as if the matter of permitted uses were the sole or paramount public issue We have entered a new arena where complex reports must be evaluated, • diverse interests represented and heard, an increasing number of judgments rendered during the plan review process Liability is increasing 4 Adjudicating differences For decades planning commissions and Boards of Adjustment & Appeals have adjudicated differences between the public interest and private rights Normally, the differences have been over the precise letter of the zoning law, a question of a yard or lot size requirement Variances are issued in such cases to relieve a property owner from strict compliance with a regulation where a hardship would occur if compliance were enforced, provided hardship rather than special privilege could be proved to the Board of Adjustment and Appeals' satisfaction Some boards have tended to be liberal about issuing variances in order to "be helpful" while others have been proud of the fact that they have •issued few and have been faithful to their zoning ordinance - often without bothering to ask whether the ordinance was a good and fair one In carrying out their role, commissioners and board members often get the greatest public exposure and symbolize the local jurisdiction's planning goals and purposes, for better or for worse One - of the notable characteristics of most county planning commissions is their regular infusion of fresh blood Commissions go on and on but commissioners come and go This situation _ r complicates any consideration of how we might go about increasing the capability of commissions, because considerable time must be devoted to orienting the` new commissioner, while also adjusting the entire commission to its changing responsibilities and burdens But, let's consider everal objectives to be reached if local planning commissions are to improve their effectiveness 1 Balanced membership Commission membership should be balanced among representatives of different prevailing attitudes and views The system to date has been easily adapted to private interests, largely because at least one-third of most commissions have been composed of local business people who at least theoretically had a direct interest in the decisions made by the commission The exclusion _of any significant representation is unfortunate, perhaps particularly so where minority groups are concerned An affirmative action program to appoint women, minorities, youth, and the aged will pay off in the long run, and in the short run all members will have an opportunity to learn from and work with other friends and images of themselves 2 Committee work Commissions should be organized into working committees to inquire about a problem, research an issue, critique the work of their staff, or visit other communities to see how a similar problem or function is handled there Often commissions rely too heavily on a professional staff or consultant to provide direction, advice, and recommendations This is a mistake that establishes a dependency relationship What commissions (and the boards they serve) need most is informed and thoughtful commissioners They need to learn a great deal about their job and the consequences of their actions They need to learn how to ask the right questions - good, tough questions, never accepting any recommendation to them, or testimony from a proponent, lat face value Many commissioners don't know what questions to ask and really want to leave the planning to the so-called experts i- 3 Staff relationships Often a commission believes the professional staff works for and is accountable only to it In fact, a planning director has the unfortunate and unique position of having several bosses the commission, legislative body, and county manager The planning director is accountable to all and may even succeed in being loyal to all He also shares professional loyalties with his peers and, it is hoped, has learned to sense and respond to the public interest Commissions need to respect this complex relationship and their role in it The staff is there to serve, and also to be supported, especially at budget time The staff should not be intimidated by the commission, yet the commission should expect and demand top performance If the commission is not getting the performance it wants from its planning director, it ought to say so Be wary of the planner who is merely a neutral clerk Your planner should have ideas and should be visionary while practical, willing to risk advancing at least an occasional bold recommendation, and demonstrably innovative Moreover, the commission should not expect the staff to carry a recommendation with which the staff disagrees forward to the legislative body without being able to express its (the staffs) own point of view Under this kind of circumstance, the legislative body should insist that the commission chairperson advocate the commission's views and the planning director his 4 Joint meetings Too often the commission's desire to- be independent- runs -desire to the prevailing direction of the elected legislative body To close the gap, or to resolve other problems, or to deal " collectively with a current issue, the full commission and legislative body should meet t exchange views and more clearl understand each other Probably an annual meeting should be arranged, followed by a social affair that will foster informal discussion and fellowship Another device is for one member of the commission to attend each legislative meeting so that commission recommendations may be explained and requests of the legislators accepted and transmitted to the full commission A legislative liaison to the planning commission is another possibility 5 Continuing education The changing times and new legislative mandates place new burdens upon public officials, and commissioners are no exception It is hard to keep up, and self -learning, public hearings, and staff reports are not enough Commissioners need continuing education in the form of short courses especially designed for planning commissioners and opportunities for attendance a other specialized short courses a* conferences Each legislative body has an obligation to the public to endorse this principle by allocating funds each year for this purpose, and, it should be added, universities and professional societies have an obligation to provide the education and training needed Continuing education for planning commissioners should include seminars on the job of the Mplanning commissioner, principles of group dynamics and organization 'behavior, awareness - of _anti sensitivity to changes in society, concepts of the 'public interest', workshops or clinics on how to run a meeting and how to cope with power -packed development teams, or communes, or the highway department, or the planning _-director, or consultants, and workshops on substantive matters such as planning and zoning law, land) use 'regulations, and the economic 10 consequences of public decisions, among others The best commissions are informed, active, aggressive, curious, and up-to-date 6 Conflict of interest and disclosure Our history is replete with examples of favoritism in high places Planning commissioners have been well situated to help a friend with a tough rezoning case or to advance their own economic or private property interests, although the majority do their job honestly Accordingly, some states have enacted legislation to assure the independence, impartiality, and honesty of public officials, including planning commissioners, to prevent public office from being used for personal gain, and to prevent special interests from unduly influencing governmental decisions and policy In effect, commissioners must not have economic interests which are in substantial conflict with the proper exercise of their official duties and powers, Wust not participate in decisions affecting an activity or property in which they have an economic interest, and must disclose in writing what interests they have in the community and the sources of income For some communities, this has meant that some commissioners who could not or would not comply with the law have resigned The effect may be to reconstitute commissions along the more representative lines previously recommended in this article and to reduce the chances that critical decisions affecting the public at large will be made on the basis of special interests 7 Appointments For the public good, it has been argued, commissioners should be "independent" One continuing problem is that some members are out of step with prevailing public expectations and legislative Direction, or exercise what independence they have too much or even perversely On the other hand, the legislative body is looking for helpful advice on hoer to accomplish certain aims and purposes, and it looks to the commission as a friendly colleague The legislative body should want to appoint sympathizers, certainly not political enemies or people inclined to subvert its interest or serve only someone else's Often holdovers on a commission present obstacles or are unacceptable politically or ideologically Rather than tolerating each other, and in the interests of advancing the direction a legislative body wants to take, one or two things might occur One is that by ordinance each member's term expires the day after an election, thereby allowing the majority on the new legislative body to appoint new replacement commissioners or reappoint incumbents as it sees fit, or for resignations to be tendered upon request of the new majority or six months after the majority takes office An alternative is to allow each legislator to appoint one commissioner and for each commissioner's term to end when the legislator's term ends The advantage of the six month waiting period is that a new legislator can ,judge the compatibility of the incumbent over the trial period, replacing him if need be or if possible Such an arrangement favors the incumbent, allows for a reasonable period, ensures continuity, and permits those with experience and good performance to continue In many communities, the value and worthiness of the planning commission is yet to be demonstrated In others the new mandates and some of the notions expressed here will not be new, and the job already is being done well Some commissions merely accommodate to the interests and expectations of those who stand before them with plan in hand, with little or no capacity to inquire whether the - proponent's ideas are in fact the right ideas in the right place at the right time Still other commissions have become more objective and analytic and less - prone to powers of suggestion As the demands upon local planning commissions increase, either because of legislative mandates, court rulings, or public pressures, the ,lob of commissioners becomes tougher It is hoped that the decisions which result from all the time and effort spent at commission a meetings will be reflected in better future environments ` 1 _ i A _ I—_ f AS .�^n � f � l-�"'�'li t' 1 ter]`-... �+r1 �. .-•i -'� A�Q`Sc i3. Qf� d _ - LT v - - "` Why Plaririirig Comrnissiorners Need A Shot Iri The Arm By Warren W Jones Traditional views about the role and function of planning commissions should be reexamined and modified, for a number of reasons The environmental movement and the resultant requirements for environmental impact review, conflict of interest and full disclosure laws, the changing understanding of the local citizens and elected officials as to the purposes of local public planning, the greater public scrutiny and criticism - all suggest that the conventional concept of planning commissions must be revised The traditional model for planning commissions is the appointed board of approximately seven or nine private citizens, who contribute time for little or no salary in order to advise a city council or board of supervisors about development matters and the general plan Commissions have always had limited power, but may enjoy considerable influence in some communities Initially they were expected to furnish an independent view on matters of development policy and to resolve minor irequ�ties in the applzcat�on of land use regulations More recently, commissions have been expected to evaluate complex development plans, to prepare general plans (in California, in accordance with legislative mandates and "guidelines" from Sacramento), and to review impact reports These are onerous tasks for part-time _volunteers Often commissions have emerged as narrowly representative of only one set of coamunity interests and goals rather than as truly 0 representative and independent and independent In recent years commissioners have faced new burdens and challenges which suggest that measures are urgently needed to satisfy many publics Are commissions ready for all this? Before considering the means available to make commissions more effective, first consider the principal purposes and functions of planning commissions 1 Hearing and representing diverse publics This is probably the principal current ,justification for the lay commission A professional staff, or a committee of the legislative body, could ,just as well review plans, hold public hearings, adjudicate differences between the public interest and private rights, and consider and recommend for adoption proposed public policies and plans The special and useful role of the commission is to assist the legislative body by screening proposals, ideas, and public opinion If commissions truly represent the public interest, rather than merely individual or diverse special interests, they can form and reflect public opinion, screen out _inappropriate notions, include marginal ideas for consideration, be advocates for other ideas and proposals (especially of minority groups), and take the heat off the legislative body _ by `absorbing the flak associated with controversial issues Representative and conscientious lay bodies can and do perform such legitimate functions 2 Considering and recommending policies and plans In most ,jurisdictions public policy, comprehensive plans, specific area plans, implementation programs, capital improvement programs, land use regulations, and the like are prepared by a professional staff, preferably in a close and continuous working relationship with citizens' advisory committees The role of the commission is to consider and evaluate their work, to articulate and advocate the interests of the public after holding public hearings, and to recommend goals, policies, plans and programs to the legislative body for adoption A commission should recognize that legislators will weigh and consider the commission's recommendations among the recommendations of others, ought to receive an independent recommendation from the professional staff and others, and will have its own (political) interpretations of the public interest to consider before making final decisions Commission should also recognize that planning is no longer merely land use planning, but an activity circumscribing interrelated policies governing transportation, economic development and employment, population growth and residential development, environmental management and resource preservation or exploitation, energy conservation, recreation, and the pursuit of life by an increasingly diverse population 3 Reviewing development proposals and environmental impact reports Commissions now typically spend most of their public service time at meetings reviewing development plans- or holding -hearings -on and considering requests for the rezoning of property, use permits, subdivision map approval, and the Board of Adjustment & Appeals reviewing variances Very often commissions do little else and conclude, therefore, that this activity is their sole reason for -being Many have discovered that selected permits ( minor' use - permits and variances, for example can be approved by a staff perso* subject to criteria, regulations, and procedures set down by the commission by resolution or by the legislative body by ordinance, with appeal procedures to the commission by any aggrieved party This delegation of authority leaves more time for the commission to execute its other functions Environmental quality legislation emulating the National Environmental Policy Act brings commissions into a new type of plan review Both procedurally and substantively the review of environmental impact reports is a variation on a theme But, if the full intent of this new legislation is adhered to, commissions may be expected to learn more about environmental systems, growth inducing and environment modifying impacts, and the short and long range consequences of their decisions The next step may } predicted to involve measuring tie economic and social impacts of both private and publ is T)ro )c-ctg impa( t reports are intended as full disclosure statements, so �it is incumbent upon commissions to ensure that the report it reviews, whether prepared by its staff or others, are complete and thorough, full of good news and bad The commission must then judge, for example, whether reported adverse impact is likely to be too severe to warrant public approval of the pro)ect, -for -the commission must assume some responsibility if an ` adverse -_condition damages the environment or private property I Clearly, the day is past when a commission or legislative body can merely refer to the zoning ordinance for simple and precise answers about what uses are permitted, as if the matter of permitted uses were the sole or paramount public issue We have entered a new arena where / -. complex reports must be evaluated, diverse interests represented and heard, an increasing number of ,judgments rendered during the plan review process Liability is increasing 4 Adjudicating differences For decades planning commissions and Boards of Adjustment & Appeals have adjudicated differences between the public interest and private rights Normally, the differences have been over the precise letter of the zoning law, a question of a yard or lot size requirement Aariances are issued in such cases to relieve a property owner from strict compliance with a regulation where a hardship would occur if compliance were enforced, provided hardship rather than special privilege could be proved to the Board of Adjustment and Appeals' satisfaction Some boards have tended to be liberal about issuing variances in order to "be helpful" while others have been proud of the fact that they have issued few and have been faithful to their zoning ordinance - often without bothering to ask whether the ordinance was a good and fair one In carrying out their role, commissioners and board members often get the greatest public exposure and symbolize the local ,jurisdiction's planning goals and purposes, for better or for worse One of the notable characteristics of most county planning commissions is their regular infusion of fresh blood Commissions go on and on but commissioners come and go This situation complicates any consideration of how we might go about increasing -the capability of commissions, because considerable time must be devoted to orienting the new commissioner, while also adjusting the entire commission to its changing responsibilities and burdens But, let's consider _ OFeveral objectives to be reached if local planning commissions are to improve their effectiveness 1 Balanced membership Commission membership should be balanced among representatives of different prevailing attitudes and views The system to date has been easily adapted to private interests, largely because at least one-third of most commissions have been composed of local business people who at least theoretically had a direct interest in the decisions made by the commission The exclusion of any significant representation is unfortunate, perhaps particularly so where minority groups are concerned An affirmative - action program to appoint women, minorities, youth, and the aged will pay off in the long run, and in the short run all members will have an opportunity to learn from and work with other friends and images of themselves 2 Committee work Commissions should be organized into working committees to inquire about a problem, research an issue, critique the work of their staff, or visit other communities to see how a similar problem or function is, handled there � Often commissions rely too heavily on a professional staff or consultant to provide direction, advice, and recommendations This is a mistake that establishes a dependency relationship What commissions (and the boards they serve) need most is informed and thoughtful commissioners They need to learn a great deal about their ,job and the consequences of their actions They need to learn how to ask the right questions - good, tough questions, never accepting any recommendation to them, _ or testimony from a proponent, at face value Many commissioners don't know what questions to ask and really want to leave the planning to the so-called experts 3 Staff relationships Often a commission believes the professional staff works for and is accountable only to it In fact, a planning director has the unfortunate and unique position of having several bosses the commission, legislative body, and county manager The planning director is accountable to all and may even succeed in being loyal to all He also shares professional loyalties with his peers and, it is hoped, has learned to sense and respond to the public interest Commissions need to respect this complex relationship and their role in it The staff is there to serve, and also to be supported, especially at budget time The staff should not be intimidated by the commission, yet the commission should expect and demand top performance If the commission is not getting the performance it wants from its planning director, it ought to say so Be wary of the planner who is merely a neutral clerk Your planner should have ideas and should be visionary while practical, willing to risk advancing at least an occasional bold recommendation, and demonstrably innovative Moreover, the commission should not expect the staff to carry a recommendation with which the staff disagrees forward to the legislative body without being able to express its (the staff's) own point of view Under this kind of circumstance, the legislative body should insist that the commission chairperson advocate the commission's views and the planning director his 4 Joint meetings Too often the commission's desire to be independent runs counter to the prevailing direction of the elected legislative body To close the gap, or to resolve other problems, or to deal collectively with a current issue, the full commission and legislative body should meet to exchange views and more clearl0 understand each other Probably an annual meeting should be arranged, followed by a social affair that will foster informal discussion and fellowship Another device is for one member of the commission to attend each legislative meeting so that commission recommendations may be explained and requests of the legislators accepted and transmitted to the full commission A legislative liaison to the planning commission is another possibility 5 Continuing education The changing times and new legislative mandates place new burdens upon public officials, and commissioners are no exception It is hard to keep up, and self -learning, public ` hearings, and staff reports are not enough Commissioners need continuing education in the form of short courses especially designed for planning commissioners and opportunities for attendance a other specialized short courses an* conferences Each legislative body has an obligation to the public to endorse this principle by allocating funds each year for this purpose, and, it _ should be added, universities and professional societies have an obligation to provide the education and training needed Continuing education for planning commissioners should include seminars on the job of the planning commissioner, principles of group - dynamics and organization behavior, awareness - of _ _and sensitivity to changes vin society, `concepts of the 'public interest , workshops or clinics on how to run a meeting and how to cope with power -packed development teams,_ or communes, or the highway department, -or - the planning director, or consultants, and workshops on substantive matters such as planning and zoning law, _land use regulations, and the economic consequences of public decisions, • among others The best commissions are informed, active, aggressive, curious, and up-to-date 6 Conflict of interest and disclosure Our history is replete with examples of favoritism in high places Planning commissioners have been well situated to help a friend with a tough rezoning case or to advance their own economic or private property interests, although the majority do their ,job honestly Accordingly, some states have enacted legislation to assure the independence, impartiality, and honesty of public officials, including planning commissioners, to prevent public office from being used for personal gain, and to prevent special interests from unduly influencing governmental decisions and policy In effect, commissioners must not have economic interests which are in substantial conflict with the proper exercise of their official duties and powers, •must not participate in decisions affecting an activity or property in which they have an economic interest, and must disclose in writing what interests they have in the community and the sources of income For some communities, this has meant that some commissioners who could not or would not comply with the law have resigned The effect may be to reconstitute commissions along the more representative lines previously recommended in this article and to reduce the chances that critical decisions affecting the public at large will be made on the basis of special interests 7 Appointments For the public good, it has been argued, commissioners should be "independent" One continuing problem is that some members are out of step with prevailing public expectations and legislative 4Virection, or exercise what independence they have too much or even perversely On the other hand, the legislative body is looking for helpful advice on how to accomplish certain aims and purposes, and it looks to the commission as a friendly colleague The legislative body should want to appoint sympathizers, certainly not political enemies or people inclined to subvert its interest or serve only someone else's Often holdovers on a commission present obstacles or are unacceptable politically or ideologically Rather than tolerating each other, and in the interests of advancing the direction a legislative body wants to take, one or two things might occur One is that by ordinance each member's term expires the day after an election, thereby allowing the majority on the new legislative body to appoint new replacement commissioners or reappoint incumbents as it sees fit, or for resignations to be tendered upon request of the new majority or six months after the majority takes office An alternative is to allow each legislator to appoint ones commissioner and for each, commissioner's term to end when the legislator's term ends The advantage of the six month waiting period is that a new legislator can ,judge the compatibility of the incumbent over the trial period, replacing him if need be or if possible Such an arrangement favors the incumbent, allows for a reasonable period, ensures continuity, and permits those with experience and good performance to continue In many communities, the value and worthiness of the planning commission is yet to be demonstrated In others the new mandates and some of the notions expressed here will not be new, and the ,job already is being done well Some commissions merely accommodate to the interests and expectations of those who stand before them with plan in hand, with little or no capacity to inquire whether the proponent's ideas are in fact the right ideas in the right place at the right time Still other commissions have become more objective and analytic and less prone to powers of suggestion As the demands upon local planning commissions increase, either because of legislative mandates, court rulings, or public pressures, the job of commissioners becomes tougher It is hoped that the decisions which result from all the time and effort spent at commission meetings will be reflected in better future environments v - - f _ 1 a, er • THE BIRTHPLACE OF MINNESOTA • DATE MAY 4, 1988 TO PLANNING COMMISSION FROM PLANNING STAFF RE SIGN ORDINANCE REVIEW Please review the first three sections of the new Sign Ordinance for comment Because of the detailed nature of sign ordinances, a few sections at a time will be included for comment CITY HALL 216 NORTH FOURTH STILLWATER MINNESOTA 55082 PHONE 612 439 6121 • SIGN ORDINANCE 1 Purpose Signs have an impact on the character and quality of the - environment as a prominent part of the scenery, they attract or repel the viewing public and affect the safety of vehicular traffic As a historic community with economic growth, the City is quite unique The proper control of signs is of particular importance to identify a place Signs should be kept within reasonable boundaries consistent with the objectives and goals of the community to retain its special character and economic advantages which rest largely on the quality of its appearance The following standards in this section are therefore adopted to regulate signs The Downtown CA District is an historic area, therefore, signs pertaining to a CA District are distinguished from signs in the Industrial Park District DEFINITIONS Sign - A display, illustration, structure or device which directs attention to an object, product, place, activity, person, institution, organization, or business * Signs are recognized as accessory uses and are permitted in all districts subject to the regulations of this ordinance • DEFINITIONS 0 Address Monument Sign Advertising Motion Awning Nameplate Banner Pedestal Building Identification Portable Business Projecting Construction Public Utility Electrical Real Estate Flashing Roof Free Standing Sign Structure Graphic Traffic Ground Temporary Historical Wall Illuminated Window Marquee Mobile 1 • DEFINITIONS Address Sign A sign communicating street address only, whether script or in numerical form Advertising Sign A sign that directs attention to a business or profession or to a commodity, service or entertainment not sold or offered upon the premises Awning A structure made of cloth, metal or other material affixed in such a manner that the structure may be raised or retracted to a position against the building Awning Sign Any sign that is painted on or attached to an awning Banner A sign intended to be hung either with or without a frame possessing characters, letters, illustrations, or ornamentations applied to paper, plastic, or fabric of any kind excluding flags, emblems, and insignia or political, professional, religious, education, or corporate organizations providing that such flags, emblems and insignia are displayed for non-commercial purposes • Building Identification Any sign that identifies that building itself rather than a business within the building Business Sign A sign that directs attention to a business or profession or to a commodity, service or entertainment sold or offered upon the premises, where such sign is located or to which it is attached Construction Sign A sign placed at at construction site identifying the project or the name of the architect, engineer, contractor, financier, or other involved parties Directional Sign A sign providing no advertising of any kind, which provides direction or instruction to guide persons to facilities intended to serve the public Electrical Sign All signs and displays using electrical power Flashing Signs An illuminated sign upon which the artificial light is not kept constant in terms of intensity or color at all times when the sign is illuminated Free Standing Signs Any stationary self -supported sign not affixed to any other structure Graphic Sign Means any mural or pictorial scene painted on the side of a wall or building or painted on a sign board 2 affixed to a wall, and in which mural or scene has its purpose artistic effect A "Graphic Design" shall be • considered a "sign" for the purpose of this Ordinance Governmental Sign A sign which is erected by a governmental unit for identification or traffic Ground Sign A sign supported by structures or supports or upon the ground and not attached or dependent for support from any building Historical Sign Any sign that is of historical significance or that is an historical resource within the meaning of Minnesota Statues Chapter 116E Illuminated Signs Any sign which is lighted by an artificial light source either directed upon it or illuminated from an interior source Marquee Sign A permanent roof -like structure extending from part of the wall of a building but not supported by the ground, and constructed of durable material such as metal or glass Mobile Sign Signs on wheels or otherwise capable of being moved from place to place • Monument Sign A sign whose base and structure is positioned primarily on the ground and is typically solid from grade to the top of the structure Motion Sign Any sign which revolves, rotates, has any moving parts or gives the illusion of motion Nameplate Sign A sign which states the name and/or address of the business, industry or occupant Pedestal Si n A ground sign erected on not more than three (3) shafts or posts solidly affixed to the ground Portable Sign Any sign that is designed to be transplanted Projecting Sign Any sign projecting from a building wall Public Utility Si n Signs which identify public utilities Sign Structure The supports, uprights, braces, and framework of the sign Real Estate Sign A business sign placed upon a property advertising that particular property for sale, rent or for lease Roof Sign Any sign which is erected, constructed or attached wholly or in part upon or over the roof of a building 3 Temporary Sign A non -permanent sign erected affixed or maintained on a premise for a short, usually fixed period of time Wall Sign A sign attached to or erected against the wall of a building with the exposed face of the sign plane parallel to the plane of said wall Window Sign A sign affixed to a window galls or door glass This does not include merchandise on display 4 GENERAL PROVISIONS A All signs and sign structures shall be properly maintained and shall be kept in a safe, orderly condition In addition, all signs used -on a single building shall be constructed of sufficiently permanent materials so that they shall not succumb to deterioration from weathering Any existing sign or sign structure which is rotted, unsafe, deteriorated, defaced or otherwise altered, shall be repainted, repaired or replaced B When electrical signs are installed, the installation shall be subject to the State's Electrical Code and overhead electrical wiring shall not be allowed C No signs other than governmental signs shall be erected or temporarily placed within any street rights of way or upon public lands or easements or rights of way D All signs shall display in a conspicuous manner the owner's name, permit number and/or registration number and date of erection E No sign or sign structure shall be erected or maintained if it prevents free ingress or egress from any door, window or fire escape No sign or sign structure shall be attached to a standpipe or fire escape F Window signage shall not exceed twenty five percent (25%) of the total area of the window in which they are displayed Lettering used in window signage exceeding three and one-half inches (3 1/211) in height shall be debited against the total signage permitted G Sign structures not used for signing for twelve (12) consecutive months shall be removed H The City may grant a conditional use permit to locate signs or decorations on or within the right of way for a specified period of time not to exceed sixty (60) days I All signs shall be compatible with the building and area in which they are located J Business signs may only be illuminated during hours the business is open for business K No more than three (3) flags may be displayed outside of a building L Electrical signs shall have a cut-off switch on the outside of the sign and on the outside of the building or structure to which the sign is attached PERMITTED AND PROHIBITED SIGNS U] 5 A Permitted Signs The following signs are allowed without a permit in • all zoning districts, but shall comply with all other applicable provisions of this Ordinance 1 Public Signs Signs of a public, noncommercial nature to include safety signs, danger signs, trespassing signs, traffic signs, signs indicating scenic or historical points of interest, memorial plaques and the like, when signs are erected by or on order of a public officer or employee in the performance of official duty 2 Integral Signs Names on buildings, date of construction, commemorative tablet and the like, which are of a permanent construction and which are an integral part of the building or the structure 3 Political Signs Signs or posters announcing candidates seeking political office, or issues to be voted upon at a public election Such sign must contain the name and address of person(s) responsible for such sign and that person(s) shall be responsible for its removal These signs shall remain for no longer than sixty five (65) days before and five (5) days after the election for which they are intended The City shall have the right to remove and destroy signs after the five (5) day limit Size The size of a political sign shall be regulated as follows A Residential and CA Districts - • The maximum sign size shall be six (6) square feet in area with a maximum height of four (4) feet B IP Districts - The maximum size shall be thirty-five (35) square feet in area 4 Holiday Signs Signs or displays which contain or depict messages pertaining to a national, state or local holiday and no other matter and which are displayed for a period not to exceed sixty (60) days 5 Construction Signs A nonilluminated sign announcing the names of architects, engineers, contractors or other individuals or firms involved with the construction, alteration, or repair of a building (but not including any advertisement of any product) or announcing the character of the building enterprise or the purpose for which the building is intended Such signs shall be confined to the site of the construction, alteration or repair, and shall be removed within tow (3) years of the date of issuance of the first building permit or when the particular project is completed, whichever is sooner One sign shall be permitted for each major street the project abuts No sign may exceed thirty (30) square feet 6 Individual Property Sale, Lease or Rental Sign Any on -premise sign announcing the name of the owner, manager, realtor or other person directly involved in the sale or rental of the property or announcing the purpose for which it is being offered Signs must be removed within then (10) days after sale or rental of property 7 Rummage SAle Signs Sign advertising a rummage sale not exceeding four (4) square feet located on private property which conform to the applicable provisions of this Title and are removed at the termination of the sale - 8 One name plate sign for each dwelling not exceeding two (2) square feet in area per surface No signs shall be so constructed as to have more than two (2) surfaces 9 One name plate for each dwelling group of six (6) or more units Such sign shall not exceed six (6) square feet in area per surface No sign shall be constructed to have more than two (2) surfaces 10 Real Estate Development Project Signs For the purpose of selling or promoting a development project of three (3) to twenty five (25) acres, one sign not to exceed one hundred (100) square feet of advertising surface may be erected on the project site For projects of twenty six (26) through fifty (50) acres, one or two (2) signs not to exceed two hundred (200) aggregate square feet of advertising surface may be erected For projects over fifty one (51) acres, one, two (2) or three (3) signs not to exceed three hundred (300) aggregate square feet of advertising surface may be erected No dimension shall exceed twenty five feet (251) exclusive of supporting structures Such sign shall not remain after ninety five percent (95%) of the project is developed The permit for such signs must be renewed annually by the City Council, shall be bordered with a decorative material compatible with the • surrounding area If such signs are lighted, they shall be illuminated only during those hours when business is in operation or when the model homes or other development are open for conducting business Real llestate development signs are allowed in all zoning districts by permit B Prohibited Signs The following signs are prohibited in all zoning districts 1 Any sign which obstructs the vision of drivers or pedestrians or detracts from the visibility of any official traffic control device 2 Any sign which contains or imitates an official traffic sign or signal, except for private, on -premise directional signs 3 Off -premise advertising signs except as regulated herein 4 Any sign which moves or rotates including electronic reader board signs, except time and temperature information signs and barber poles 5 No sign shall display any moving parts, be illuminated with any flashing or intermittent lights, or shall be animated, except time and temperature information All displays shall be shielded to prevent any light to be directed at oncoming traffic in such brilliance as to impair the vision of any driver No device shall be illuminated in such a manner as to interfere with or obscure an official traffic sign or signal This includes indoor signs which are visible from public streets 7 • 6 Roof signs 7 Any sign which contains or consists of banners, pennants, ribbons, streamers, string of light bulbs, spinners or similar devices, except where used for noncommercial speech 8 Portable signs including but not limited to signs with wheels removed, attached temporarily or permanently to the ground, structure or other signs, mounted on a vehicle for advertising purposes, parked and visible from the public right-of-way, except signs identifying the related business when the vehicle is being used in the normal day to day operations of that business, hot-air or gas -filled balloons or semi truck umbrellas used for advcrtising 9 Signs painted directly on building walls 10 Illuminated signs or spotlights giving off an intermittent or rotating beam existing as a collection or concentration of rays of light 11 Revolving beacons, beamed lights or similar devices 12 Signs supported by a guy wire 13 No sign shall be erected, placed or maintained by any person on rocks, fences or trees 14 No sign shall be erected which will interfere with any electric light, power, telephone or telegraph wires or the supports thereof PERMITTED SIGNS IN RESIDENTIAL DISTRICTS 1 Address signs 2 Professional name plates not exceeding one square foot in area 3 Memorial signs or tablets, names of buildings, and the date of erection when cut into a masonry surface or when constructed of bronze or other incombustible material 4 Political signs as regulated 5 Individual property sale, lease or rental as regulated 6 Bulletin boards not over thirty two (32) square feet located only on the premises of public, charitable or religious institutions PERMITTED SIGNS BY A SIGN PERMIT IN CA DISTRICT For all uses, only the following signs are hereby permitted with a sign permit •