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Home My WebLink About1169 Ord (Sections 22-7 and 31-204, and Enacting Section 31-208.1 of the City Code-Heritage Preservation - Use Variances)City of Stillwater Washington County, Minnesota ORDINANCE NO. 1169 AN ORDINANCE AMENDING SECTIONS 22-7 AND 31-204, AND ENACTING SECTION 31-208.1 OF THE CITY CODE OF THE CITY OF STILLWATER The City Council of the City of Stillwater does ordain: SECTION 1 AMENDMENT. Section 22-7, subd. 4(d) of the City Code, Heritage Preservation Commission, is hereby amended as follows: (d) Review of permits. In order to protect the architectural and historic character of designated local heritage preservation sites, the commission shall conduct review of applications for demolition, as outlined in city code section 31-215, and design permits and approve, approve with conditions, or deny the issuance of design permits. The commission shall also protect the unique character of Stillwater's downtown and residential neighborhoods through the review and approval or denial of: (1) Demolition permits required in city code section 31-215. (2) Design permits for required projects in the following: (i) Downtown design review overlay district. (ii) Neighborhood conservation overlay district. (3) Heritage Preservation use variance. SECTION 2 AMENDMENT. Section 22-7, subd. 7 of the City Code, Heritage Preservation Commission, is hereby amended as follows: Subd. 7. Review of design permits for alterations to heritage preservation sites. Requirements for design permits, using the procedure set forth in zoning, chapter 31, section 31-209, are as follows: (1) Heritage preservation sites. Prior to the issuance of other applicable city permits and licenses, the commission shall review and approve or deny the issuance of a design permit for any of the following types of alterations to a heritage preservation site that involve: (a) Remodeling, alteration or repair that will change the exterior appearance of a heritage preservation site. (b) New construction. (c) Signs (d) Moving of buildings. (e) Properties with an approved Heritage Preservation Use Variance for exterior alterations in excess of $10,000 or those that would substantially alter the exterior character of the structure unless it is considered a minor alteration under Subd. 7(2). SECTION 3 AMENDMENT. Section 31-202 of the City Code, Types of Permits, is hereby amended as follows: Sec. 31-202. Types of permits. The following permits and actions are established in order to carry out the purposes and requirements of this chapter: (a) Appeals; (b) Certificate of compliance; (c) Conditional or special use permit; (d) Comprehensive plan amendment; (e) Design permit; (f) Grading permit; (g) Planned unit development permit; (h) Project modification; (i) Sign design approval; (j) Site alteration permit; (k) Use determination; (1) Variance; (m) Heritage Preservation use variance; (n) Vegetative cutting permit; and (o) Zoning amendment text/map. SECTION 4 AMENDMENT. Section 31-204, subd. (3) of the City Code, Public Hearing, is hereby amended as follows: Subd. 3. Public Hearing. (a) Required. A public hearing is required for the following: (1) Appeals; (2) Conditional or special use permit; (3) Planned unit development permit; (4) Project modification (major); (5) Variances; (6) Heritage Preservation use variance, (7) Zoning chapter text or map amendments; and (8) Other projects as determined by the community development director to have potential overall community concern. SECTION 5 AMENDMENT. Section 31-204, subd. (5) of the City Code, Board or Official Body with Final Authority in Application Approval, is hereby amended by adding the following: Permits/Action Heritage Preservation Use Variance Recommendation PC Action HPC Appeals Board CC 2 SECTION 6 ENACTMENT. Section 31-208.1 of the City Code, Heritage Preservation Use Variance, is hereby enacted as follows: Sec. 31-208.1 Heritage Preservation Use Variances. Heritage Preservation use variances shall require the following: (a) Purpose. The purpose of the Heritage Preservation use variance is to allow for uses on Heritage Preservations Sites, as defined in City Code Section 22-7 or those properties or buildings independently listed on the National Register of Historic Places that would otherwise be prohibited due to the current zoning classification, in an effort to preserve and promote the city's historic resources. Such authority for historic use variances is granted pursuant to Minn. Stat. §471.193 subd. 3(6), or as may be amended (b) General provisions. (1) A use variance shall only be granted to allow a use that is deemed by the Historic Preservation Committee to be similar to or less intense than the current or a former use of the property. The Planning Commission may recommend, and the Heritage Preservation Commission may add conditions to the resolution approving a use variance to address the factors listed in Subsection (2), below, or other additional factors that are reasonably necessary to fulfill the policies and purposes of the Heritage Preservation Commission identified in City Code Section 22-7 subd. 2. (2) In considering an application for a Heritage Preservation use variance under this section, the following factors shall be considered: (i) The age, appearance, and structural integrity of the structure; (ii) The historical significance and previous use of the structure since its construction, and the desirability of maintaining its existence. (iii) The likelihood that the structure could be preserved and used in a manner conforming with the underlying zoning classification without the issuance of a use variance; (iv) The nature and extent of any rehabilitation planned for such structure and the likelihood that the same will enhance or diminish the historical significance of the structure; (v) The likely impact of the proposed use on the health, safety, and comfort of the surrounding properties; and (vi) The number and nature of variances required for the proposed use. (3) A property with an approved Heritage Preservation Use Variance shall not be rezoned to a zoning district that is incompatible with the existing zoning district or surrounding zoning districts, unless it is included in a rezoning amendment with surrounding properties. 3 (4) A property with an approved Heritage Preservation Use Variance is subject to the Design Permit review process in City Code Sections 22-7 and 31-209. (c) Procedure. A public hearing must be held by the Planning Commission, who shall make a recommendation to the Heritage Preservation Commission. (d) Findings required. The Heritage Preservation Committee shall hold a hearing and may grant a Heritage Preservation use variance, but only if all of the following conditions are met: (1) The structure has been accepted for registration on the national or state registers of historic places. (2) The use variance is in harmony with the general policies and purposes of the Heritage Preservation Commission, City Code Section 22-7 subd. 2; (3) The use variance is consistent with the comprehensive plan's objectives as they relate to the preservation of historic properties; (4) The proposed use is reasonable and compatible with the current or historic use of the property, or is equal to or less intense than the current or historic use. (5) The use variance, if granted, will not alter the essential character of the neighborhood or detrimentally impact the surrounding neighborhood. SECTION 7 SUMMARY PUBLICATION. Pursuant to Minnesota Statutes Section 412.191, in the case of a lengthy ordinance, a summary may be published. While a copy of the entire ordinance is available without cost at the office of the City Clerk, the following summary is approved by the City Council and shall be published in lieu of publishing the entire ordinance: The City Code was amended to enact City Code Section 31-208.1, Heritage Preservation Use Variances, to allow for uses of historic properties that would otherwise be prohibited due to the existing zoning classification. Other sections were modified accordingly to incorporate this new use variance. SECTION 8 EFFECTIVE DATE. This Ordinance shall be effective after its passage and publication according to law. Adopted by the Stillwater City Council this 20th day of July, 2021. CITY OF ILLWATER'4., ATTEST: Beth Wolf, City Clerk Ted Kozlowski, Mayor 4 AFFIDAVIT OF PUBLICATION STATE OF MINNESOTA ) ss COUNTY OF WASHINGTON Karen Nelson being duly sworn on an oath, states or affirms that he/she is the Publisher's Designated Agent of the newspaper(s) known as: Stillwater Gazette with the known office of issue being located in the county of: WASHINGTON with additional circulation in the counties of: WASHINGTON and has full knowledge of the facts stated below: (A) The newspaper has complied with all of the requirements constituting qualifica- tion as a qualified newspaper as provided by Minn. Stat. §331A.02. (B) This Public Notice was printed and pub- lished in said newspaper(s) once each week, for 1 successive week(s); the first insertion being on 07/23/2021 and the last insertion being on 07/23/2021. MORTGAGE FORECLOSURE NOTICES Pursuant to Minnesota Stat. §580.033 relating to the publication of mortgage foreclosure notices: The newspaper complies with the conditions described in §580.033, subd. 1, clause (1) or (2). If the newspaper's known office of issue is located in a county adjoining the county where the mortgaged premises or some part of the mortgaged premises described in the notice are located, a substantial portion of the newspaper's circulation is in the latter county. By: ` Q1t k _IN_ _ 1 ti t Designated Agent Subscribed and sworn to or affirmed before me on 07/23/2021 by Karen Nelson. Notary Public DARLENE MARIE MACPHERSON NOTARY PUBLIC - MINNESOTA My Commission Expires Jen 31, 2024 Rate Information: (1) Lowest classified rate paid by commercial users for comparable space: $40.00 per column inch CITY OF STILLWATER ORDINANCE NO. 1169 AN ORDINANCE AMENDING SECTIONS 22-7 AND 31-204, AND ENACTING SECTION 31-208.1 OF THE CITY CODE OF THE CITY OF STILLWATER The City Council of the City of Stillwater does ordain: The City Code was amended to enact City Code Section 31-208.1, Heritage Preservation Use Variances, to allow for uses of historic properties that would otherwise be prohibited due to the existing zoning classification. Other sections were modified accordingly to incorporate this new use variance. Approved this 20th day of July, 2021. Do not hesitate to contact the City Clerk's Office (651) 430-8802 if you have any questions or need further information. Signed: Beth Wolf, City Clerk Published in the Stillwater Gazette July 23, 2021 1155137 Ad ID 1155137