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HomeMy WebLinkAbout2012-10-17 PACKET 06.A.REQUEST OF CITY COUNCIL ACTION COUNCIL AGENDA MEETING ITEM # DATE 10/17/12 0 64-4 4 6 PREPARED BY Community Development John M. Burbank ORIGINATING DEPARTMENT STAFF AUTHOR COUNCIL ACTION REQUEST 1. Hold a public hearing on the advertised variance request to allow a 2,000 square foot open air pavilion. 2. Consider accepting the findings of fact for the requested variance and approving the variance. 3. Consider approving a Certificate of Appropriateness for the proposed uses as recommended by the Advisory Committee on Historic Preservation. 4. Consider approving an amendment to an existing Historic Places Conditional Use Permit (HPCUP) to allow for additional limited commercial ventures to be conducted at 10276 E. Point Douglas Rd. STAFF RECOMMENDATION 1. Approve the Certificate of Appropriateness. 2. Adopt the resolution approving the variance for a 2,00 square foot open air pavilion. 3. Adopt the resolution approving the amendment to Hope Glen Farm's HPCUP. ADVISORY COMMISSION ACTION DATE REVIEWED APPROVED DENIED ® PLANNING 9/24/12 ❑ ® ❑ ® PUBLIC SAFETY 10116112 ® ❑ ❑ ❑ PUBLIC WORKS ❑ ❑ ❑ ❑ PARKS AND RECREATION ❑ ❑ ❑ ❑ HUMAN SERVICES /RIGHTS ❑ ❑ ❑ ❑ ECONOMIC DEV. AUTHORITY El ❑ E] ® HISTORIC PRESERVATION 9/11/12 ❑ ® ❑ SUPPORTING DOCUMENTS ® MEMO /LETTER: Memo from John M. Burbank dated 10/10/12 ® RESOLUTION: Draft - Variance Draft - HPCUP amendment ❑ ORDINANCE: ❑ ENGINEERING RECOMMENDATION: ❑ LEGAL RECOMMENDATION: ® OTHER: Excerpt from unapproved 9/24/12 Planning Commission minutes ADMINISTRATOR'S COMMENTS I) d J� City Administrator Date COUNCIL ACTION TAKEN: []APPROVED ❑ DENIED ❑ OTHER CITY OF COTTAGE GROVE MINNESOTA TO: Mayor and Members of the City Council Ryan Schroeder, City Administrator FROM: John M. Burbank, Senior Planner DATE: October 10, 2012 RE: Hope Glen Farm Introduction Paula and Michael Bushilla have applied to amend an existing Historic Places Conditional Use Permit (Resolution No. 01 -235) to allow for additional limited commercial ventures to be con- ducted at 10276 Point Douglas Road South, and a variance to City Code Title 11 -3 -3B, Number and Size of Accessory Structures, to allow a 2,000 square foot open air pavilion to be constructed in conjunction with the amended historic places conditional use permit for Hope Glen Farm. The Bushilla's are proposing the following improvements and uses in addition to their current approved uses. • Conduct outdoor weddings and other special events (corporate events, benefits, confe- rences, and retreats). • Construct an open air pavilion for use by wedding and event guests. Location MaD Background Parcel Detail COTTAGE GROVE RAVINE REGIONAL PARK 'SF33e9T It ]� dL Ott P � 1 1 Zg - \ tiwo2r { QP `f a.t nlaln Driveway �&�. -XrEi�TE4i._ fir. s. t A p r ti 66 ,7 Barn Driveway `\ The property, commonly known as the Historic Hope Glen Farm, consists of a 1920's Tudor style house with vernacular outbuildings. The original home was built by the Mackintosh family around gional Park Background Parcel Detail COTTAGE GROVE RAVINE REGIONAL PARK 'SF33e9T It ]� dL Ott P � 1 1 Zg - \ tiwo2r { QP `f a.t nlaln Driveway �&�. -XrEi�TE4i._ fir. s. t A p r ti 66 ,7 Barn Driveway `\ The property, commonly known as the Historic Hope Glen Farm, consists of a 1920's Tudor style house with vernacular outbuildings. The original home was built by the Mackintosh family around Honorable Mayor Bailey, City Council Members and Ryan Schroeder Hope Glen Farm October 17, 2012 Page 2 of 15 1870 and was expanded to its current size and appearance in 1918 by John Healy and his family. The architect they worked with at that time was Samuel Bartlett, who designed Glacier Park Lodge. The site is registered on the City of Cottage Grove's Historic Register. The historic property sits in a picturesque valley or "glen" that is remnant topography of a glacial tunnel valley. The site contains a cluster of seven structures of varying age situated on 7.93 acres next to the Cottage Grove Ravine Regional Park. The park surrounds the property on two and a half sides as detailed in the location map. Highway 61 is located to the south of the property. The structures are primarily located on the western half of the site. Mature deciduous trees and some conifers exist around the principle dwelling and a cluster of trees exist to the north. The majority of the structures on the site have been refurbished. The property surrounds a separately owned residential home located at 10348 East Point Douglas Road. This parcel was subdivided by the previous property owner for a family member's residence. Hope Glen Farm circa 7920 Honorable Mayor Bailey, City Council Members and Ryan Schroeder Hope Glen Farm October 17, 2012 Page 3 of 15 t �a meo Site Detail Air Photo R �xE9 N � GNe�ae � _h y YRWCWA 9WElllq /�� \ 895 , N. j \�� jN/ C 807.8 \ X`801.4 J m�e•�a . t t o� -1. � o IrJ \\ . �O•. :� A f 9 it X ♦'29.7 \d 16 0�;. " 54 X Wa7 J Site Detail Drawing In 1996, a larger part of the Healy property was subdivided again and developed as a rural resi- dential subdivision named Eagle Ridge Addition. This subdivision is located east of the property and contains existing rural residential homes and accessory outbuildings. An additional lot split of the remaining homestead property was reviewed and approved by the City in 2006 creating a 2.93 -acre lot. This lot is located along the eastern side of the property as detailed below. It was never recorded with Washington County Honorable Mayor Bailey, City Council Members and Ryan Schroeder Hope Glen Farm October 17, 2012 Page 4 of 15 COTTAGE GROW RAVINE REC!CNAL PARK 9SN:N— 6 d 0. V P Main Dii—y `l \ \ Barn Driveway \ \ / 2006 Minor Subdivision In 2001, a Conditional Use Permit was approved for limited commercial use at the Historic Healy Farm. The permit allowed for two accessory apartments, artist studios, and two public events per calendar year. The apartments are within the principal structure and the former Chicken coop lo- cated in the most northeastern accessory structure. The resolution of approval (Res. No. 01 -035) is attached. Over the years, the Bushilla's have exercised the uses permitted within this approval. Planning Considerations Compliance with Ordinance Requirements The City's Historic Property Conditional Use Permit (City Code Title 11 -9A -4) was adopted on February 4, 1998 (Ord. No. 653). At that time, "Hope Glen Farm" was identified as one of 11 ha- bitable sites that could meet the proposed ordinance criteria. The ordinance was adopted as a means in which to allow owners of large historic properties within the community the ability to create additional resources to maintain the unique properties as vibrant components within the community. The provisions of Ordinance No. 653 allows one or more of the following uses as "limited com- mercial ventures:" Class one restaurant, catering centers, bed and breakfasts, overnight rooms, reception facilities, meeting or conference facilities, professional office uses, museums, art gal- leries, antique shops, craft boutiques, site tours, limited retail activities, or for other uses deemed similar by the Director of Community Development. In order to be considered eligible for a historic properties conditional use permit, properties must be in conformance with the following: (1) The applicant demonstrates that the historic characteristics of the property cannot be main- tained reasonably and economically unless the conditional use permit is granted. (2) Listed on the city register of historic sites and landmarks or the national register of historic Places. (3) The property is adequately sized to meet the proposed use. Honorable Mayor Bailey, City Council Members and Ryan Schroeder Hope Glen Farm October 17, 2012 Page 5 of 15 (4) Adequately served by municipal services or a septic system with adequate capacity for the pro- posed use. (5) In conformance with all applicable building and fire codes, and ADA requirements. (6) In conformance with all state and county health regulations. (7) In conformance with the city's off street parking requirements pursuant to subsection 11 -3 -9 F of this title, or proof of parking, if deemed reasonable by the city. (8) Adequately situated and designed so as to not create a significant traffic impact on adjoining public roadways, and includes safe ingress and egress to the site. (9) The development meets all applicable setback requirements. (10) Activity areas are appropriately screened from adjoining properties. (11) The property and land use are adequately designed so as not to create an adverse impact on the residential character of the surrounding area. (12) The development meets all applicable commercial site development performance standards. (13) The development does not create any increase in the level of noise, air, or other pollution which would have an adverse effect on other properties. (14) One advertising sign not to exceed twenty (20) square feet. (15) Site improvements meet the city's historic preservation standards and guidelines. (16) All applications for city permits are reviewed by the advisory committee on historic preserva- tion, and a certificate of appropriateness is obtained for site work to preserve, rehabilitate, restore or reconstruct historic buildings, structures, landscapes or objects. 6 ISTORIC LANDIHAI�K Comprehensive Plan The Property is guided for Rural Residential. Limited commercial ventures conducted at historic properties are allowed as conditional uses within residentially guided properties that meet the zoning ordinance criteria. 2030 Land Use Map p C�'n:C• E ' 2030 Land Use Map Honorable Mayor Bailey, City Council Members and Ryan Schroeder Hope Glen Farm October 17, 2012 Page 6 of 15 Zoning The Property is Zoned R -1, Rural Residential. Limited commercial ventures conducted at historic properties are allowed as a conditional use within the R -1 zoning district. ,.i AG1 R4 `. 4 Zoning Detail Proposed Uses As stated in the introduction, the Bushilla's are seeking to have additional limited commercial ventures added to the list of approved revenue generating uses for the property. Currently they can host two large events a year, but they are seeking to increase the number of events and to expand and clarify what large events can be held. The proposed amendment includes the following: Conduct unlimited outdoor weddings and other special events (including corporate events, benefits, conferences, and retreats). Construct a 2,000 square foot open air pavilion for the use by wedding and event guests. The Bushilla's are proposing to utilize their 35 -foot by 60 -foot, two -story barn to conduct the din- ing portion of weddings and other indoor events or meetings. The barn is reported to have been constructed shortly before the Civil War. At the time of purchase by the Bushilla's, the barn was condemned, had a failing roof, floors and foundation. In addition, the structure had 50 year old hay in the loft. This barn has been significantly remodeled since they acquired it.Some of the im- provements include reconstruction of floor and foundation, new metal roof, insulation, and the ad- dition of heating, and air conditioning. The applicants have been working consistently with the Building Official to address egress, accessibility, and other health safety issues to meet the building codes for their current use approval. The Barn also has an attached open -air covered patio that would be utilized for additional outdoor dining or other events. Honorable Mayor Bailey, City Council Members and Ryan Schroeder Hope Glen Farm October 17, 2012 Page 7 of 15 Barn Exterior Detail Current Barn Exterior Detail Before Honorable Mayor Bailey, City Council Members and Ryan Schroeder Hope Glen Farm October 17, 2012 Page 8 of 15 Barn Interior Detail Barn Exterior Detail After Barn Patio Detail Honorable Mayor Bailey, City Council Members and Ryan Schroeder Hope Glen Farm October 17, 2012 Page 9 of 15 The well pump house on the site has been improved and decorated for use by wedding parties as a groom's room. The well appointed bride's room is located in the interior of the barn. The two - acre open grass field to the east of the parcel will be used as the location for the ceremonies. There is adequate space in the pasture for large tents and chairs. The historic places conditional use permit is unique to Cottage Grove and has been utilized in the past by other property owners of historic properties. The proposed uses in this request are similar to those that are approved at Cedarhurst Mansion, one of the City's other significant historic properties. The owners of the Historic Cedarhurst Mansion applied for a Historic Places Condi- tional Use Permit in 2001 (Res. No. 01 -081) and have been operating without notable issues since that time. Previous to that approval, a variety of semi - commercial uses were conducted at Cedarhurst over the years by past owners, which led to the City adopting Ordinance 653. The benefit of the conditional use with these unique uses is that having the conditions allows addi- tional use review control by the City. This would be the same scenario for the Hope Glen proposal. As a component of any approvals granted for the proposed uses, it is recommended that condi- tions be included that would protect the general health and safety of the surrounding residential properties and the public at large. Future Pavilion The second component of the amendment request is for the ability to construct a 2,000 square foot open air pavilion for shelter from sun and inclement weather during ceremonies and events. The proposed structure would be located to the east of the historic barn on an existing flat area. The large tent near the stairs is the area proposed for this future structure. The tent in the rear of the photo is adjacent to a large unique old tree that is the planned ceremony area. View of pasture used for a wedding ceremony Honorable Mayor Bailey, City Council Members and Ryan Schroeder Hope Glen Farm October 17, 2012 Page 10 of 15 Based on the historic nature of the property as an old farmstead, the number of buildings on the site is in excess of the current R -1 zoning ordinance criteria relating to accessory structures. The requested structure expansion is in excess of the ordinance criteria, yet is consistent with and is a function of the limited commercial use for this proposal, and therefore could be supported as a part of this permit request. The construction of the structure would require that a variance be ob- tained in association with the use approval. The variance request was not published for Planning Commission review but was mailed and published prior to the Council meeting. The Council is requested to hold a public hearing for the variance request to construct a 2,000 square foot open sided pavilion to be utilized in conjunction with the amended historic places conditional use permit for Hope Glen Farm. The City Council may approve a variance from the strict application of the provision of this title, if they find that: 1. The variance is in harmony with the purposes and intent of this title. 2. The variance is consistent with the comprehensive plan. 3. The proposal puts the property to a reasonable use. 4. There are unique circumstances to the property not created by the landowner. 5. That the conditions upon which an application for a variance is based are unique to the parcel of land for which the variance is sought and are not applicable, generally, to other property within the same zoning classification. 6. That the purpose of the variance is not based exclusively upon a financial hardship. 7. That the granting of the variance will not be detrimental to the public welfare or injurious to other land or improvements in the neighborhood in which the parcel of land is located. 8. That the proposed variance will not impair an adequate supply of light and air to adja- cent property, or substantially increase the congestion of the public streets, or increase the danger of fire, or endanger the public safety. The findings of fact for approval of this variance request are: A. The existing and amended Historic Places Conditional Use Permit allows for unique use of qualifying historic properties. B. The proposed pavilion supports the uses approved under the Historic Places Condi- tional Use Permit. C. The proposed use for outdoor weddings and other events require separate staging areas for participants of the group. D. The proposed structure will allow the use of the property during inclement weather. E. The proposed open air pavilion will not adversely impact the view of adjoining neighbors. F. The proposal is consistent with the property's reasonable use, will enhance the prop- erty's value, and is similar to the essential character of the existing house and historic structures. G. The purpose of the variance is not based exclusively upon a financial hardship. Honorable Mayor Bailey, City Council Members and Ryan Schroeder Hope Glen Farm October 17, 2012 Page 11 of 15 H. Granting the variance should not be detrimental to the public welfare or injurious to other landowners in the neighborhood. The proposed open air pavilion will not impair an adequate supply of light and air to adjacent properties. It will not create congestion in the public streets, become a fire danger, or endanger the public's safety. Access The property currently has two existing access drives off of East Point Douglas Road. The main entrance is the area identified with the stone Hope Glen marquee. The second "Barn Parking" entrance is located to the east of the exception parcel. This parcel accesses the barn and other buildings that sit at a higher elevation than the house. This driveway is also utilized by the excep- tion parcel owner (10348 East Point Douglas Road) and passes close to his home. An additional driveway addition was identified during the 2006 minor subdivision review. With the lack of subdi- vision recording, this driveway was never constructed. Both entrance roads are maintained by the applicant. In order to address some reservations expressed by the property owner of the exception prop- erty, the applicant has agreed with their neighbor that they would limit the use of the barn parking access and construct the third new access drive in a location approved by the City in the future if the proposed use becomes successful. A letter from the owner of 10348 East Point Douglas Road is attached. It is recommended that the driveway relocation and specified timing be included as a condition of approval. At present, the applicant is not proposing any increase in hard surface for parking or access pur- poses, as it would be expensive and is inconsistent with the historic nature of the farmstead. It was also noted that pasture parking is a sought after component of "Barn Weddings ". Traffic The maximum capacity of the barn and patio is 299 occupants. This figure was utilized in deter- mining the traffic ramifications of the proposed request. Given a minimum occupant load of two people per vehicle, the estimated number vehicles for a large wedding event would be 150 or less if occupant loads are higher. This count equates to a vehicle trip count of 300 per event. There is a minimal number of homes on this segment of East Point Douglas Road, and the terminus of the local roadway segment is with minor and principal arterials, so the estimated traffic is not antic- ipated to have a negative impact on the area. Parking Based on the estimated number of vehicles for a large event of 150 cars and the ordinance park- ing calculation requirement of 300 square feet per vehicle, the parking needs calculate to an area that is just over an acre in size, which can be met on site. All parking for the proposed use will be on the Bushilla property, and it is recommended that parking be prohibited on East Point Douglas Road. One benefit of not having to create additional hard surface is that it negates the need to address surface water management. If dust or anything associated with parking becomes an is- sue, it is recommended that the conditional use permit include language requiring additional review and potential modification of the permitted use by the City Council. The Planning Commis- sion requested that additional review of the pasture parking layout be completed prior to the item Honorable Mayor Bailey, City Council Members and Ryan Schroeder Hope Glen Farm October 17, 2012 Page 12 of 15 going to Council. This review, which would accommodate 154 structured parking spaces at 10 feet by 20 feet, is detailed below. erteo. 6 . Parking layout analysis sketch Signage The applicant is proposing temporary signage at the end of the driveway during special events and a sign in the pasture area to attract attention from Highway 61. Based on the Historic Prop- erty CUP's performance standards, signage is limited to one advertising sign not to exceed 20 square feet. Directional signs are not included in this computation. Noise The applicant is proposing to adhere to the City noise ordinance requirements and to ensure that amplified music is off by midnight on weekends and 10 p.m. on weekdays. If repeat violations in regards to noise become an issue, it is recommended that the conditional use permit include language requiring additional review and potential modification of the permitted use by the City Council. The City noise guidelines follow the state guidelines: Minnesota State Noise Standards These are land use "receiving" standards and are not tied to zoning. The L10 is the sound level exceeded for 10% or 6 minutes of an hour. The L50 is the sound level exceeded for 50% or 30 minutes of an hour. 13a}1ime (7 am to 10 pm) Nighttime (tO pm to 7 am) Noise Area LIO L50 LIO L50 Classification NAC -1 65 60 55 50 (residential) NAC -? 70 65 70 65 (commercial) NAC -3 80 75 80 75 (industrial) These are land use "receiving" standards and are not tied to zoning. The L10 is the sound level exceeded for 10% or 6 minutes of an hour. The L50 is the sound level exceeded for 50% or 30 minutes of an hour. Honorable Mayor Bailey, City Council Members and Ryan Schroeder Hope Glen Farm October 17, 2012 Page 13 of 15 �& " 3' S 3 .� " Vteddin Tr" '\ 1 .! y i _��. : c mony f ere to Wall ing eating? tj r vilio Bria I `Ifs Hope Glyn' r44, 1 Y , �� Access.• .h-�> r, �� . '; Drive - {. Apr , �} J Pasture_ i il,rn ' Parkin; M r } Area All 74 1 Altemative gtecess •. y % Drivexcept�on >� Bam i Pal rkin Access Drive,,'_. Site Use Detail Map Public Health Liquor Use The applicant is proposing that alcohol be permitted at approved events, subject to obtaining a display and consumption liquor license and meeting all of the requirements for that type of use. Food The site only has a catering preparation area and catering of events is the preferred food service route proposed by the applicant. The food service area and caterers will be required to be in- spected and licensed as required by the Washington County Department of Public Health. Utilities The property has functional private well and septic. Honorable Mayor Bailey, City Council Members and Ryan Schroeder Hope Glen Farm October 17, 2012 Page 14 of 15 Restroom Facilities There are no restrooms in the barn itself. Portable restrooms are proposed to be used at the site during events. This is common for similar barn wedding venues around the region. The applicants have indicated that they plan on having permanent restroom facilities that connect to their private septic system constructed in the future. The City Building Official has been working with the ap- plicants to ensure adequate public restroom facilities would be available. Hours of Operation The applicant has indicated that the hours of business operation they are proposing would be be- tween 8:00 a.m. to 10:30 p.m. Monday through Thursday and Sunday, and 8:00 a.m. to 12:30 a.m. Friday and Saturday. Waste The waste from the proposed use would be handled by a licensed rubbish contractor and in accor- dance with all City ordinance criteria. Capacity Maximum occupancy rating of the barn and patio is 299 people. Additional capacity increases will require review by Building and Planning staff. Fire Protection Fire protection is not required. Commission Review Planning Commission Review The Planning Commission reviewed the application at their regular meeting on September 24, 2012, and recommended conditioned approval of the requests. ACHP Review The City's Advisory Committee on Historic Preservation (ACHP) reviewed the application request at their meeting in August. The ACHP unanimously recommended that the City Council approve a certificate of appropriateness that allows for the proposed uses as a part of the requested condi- tional use permit amendment, and that said approval has appropriate condition language to pro- tect the health and safety of the general public as well as the historical integrity of the property. Public Safety Commission The Public Safety Commission will review the application at their regular meeting on October 16. The Commission's recommendation will be shared with the Council at their October 17 meeting. Technical Review Committee The Technical Review Committee, which includes the Public Safety Department, did not identify any issues with the proposed amendment. Public Hearing Notices Public hearing notices for the Historic Places Conditional Use Permit amendment were mailed to the 24 property owners within 500 feet of Hope Glen Farm. These notices were mailed on Honorable Mayor Bailey, City Council Members and Ryan Schroeder Hope Glen Farm October 17, 2012 Page 15 of 15 September 12, 2012. The public hearing notice was also published in the South Washington County Bulletin on September 12, 2012. Public hearing notices for the variance request were mailed to the 24 property owners who are within 500 feet of Hope Glen Farm. These notices were mailed on September 5, 2012. The public hearing notice was published in the South Washington County Bulletin on October 3, 2012. Summary The City's Advisory Commissions all recommended approval of the applications. The proposed amendment is consistent with the unique uses allowed under the control of an Historic Places Con- ditional Use Permit, and the additional conditions recommended to be adopted as a component of this application provide for the protection of the health and welfare of the general public, and the ability for additional Council review of the proposed use. Recommendation That City Council takes the following four actions: 1. Hold a public hearing on the advertised variance request to allow a 2,000 square foot open air pavilion. 2. Accept the findings of fact for the requested variance and adopt a resolution approving the variance. 3. Approve a Certificate of Appropriateness for the proposed uses as recommended by the Advisory Committee on Historic Preservation. 4. Adopt a resolution conditionally approving an amendment to an existing Historic Places Conditional Use Permit (Resolution No. 01 -235) to allow for additional limited commercial ventures to be conducted at 10276 East Point Douglas Road South. IT 1161IkIj "11 ls] 1'k'101W *1 6��:�1 A RESOLUTION GRANTING A VARIANCE TO ALLOW A 2,000 SQUARE FOOT OPEN AIR PAVILION TO BE CONSTRUCTED IN CONJUNCTION WITH THE AMENDED HISTORIC PLACES CONDITIONAL USE PERMIT FOR HOPE GLEN FARM, 10276 EAST POINT DOUGLAS ROAD SOUTH WHEREAS, Paula and Michael Bushilla have applied for a variance to City Code Title 11 -3 -3B, Number and Size of Accessory Structures, to allow a 2,000 square foot open air pavilion to be constructed in conjunction with the amended historic places conditional use permit for Hope Glen Farm, located on property legally described as: PnrrPl A That part of Lot 1, Block 1, Eagle Ridge, on file and of record in the office of the County Recorder, Washington County, Minnesota, lying westerly and southwesterly of the following described line: Commencing at the southeast corner of said Outlot C; thence N48 0 46'00 "W, bearing assumed, along the southwest line of said Outlot C, a distance of 163.21 feet; thence N41 °14'00 "E a distance of 249.00 feet; thence N48 0 46'00 "W a distance of 150.00 feet to the point of beginning of the line to be de- scribed; thence N04 0 31'28 "E a distance of 255.70 feet; thence N19 0 07'23 "W a dis- tance of 202.29 feet to the north line of said Lot 1 and there terminating. That part of the Northwest Quarter of Section 26, Township 27N, Range 21W, Washington County, Minnesota, described as follows: Commencing at the northwest corner of the Northwest Quarter of Section 26; thence S00 0 15'21 "W, bearing as- sumed, along the west line of said Northwest Quarter, a distance of 1113.45 feet (measured) (1111.7 feet (deed)), to the centerline of Point Douglas Road; thence S48 0 46'00 "e, along said centerline, a distance of 994.00 feet to the point of begin- ning of the land to be described; thence N41 °14'00 "E a distance of 282.00 feet; thence S48 0 46'00 "W a distance of 13.20 feet to the point of beginning. Containing 217,618 square feet, 5.0 acres, more of less. Subject to easements of record, if any. Parr-al R That part of Outlot C and Lott, Block 1, Eagle Ridge, on file and of record in the of- fice of the County Recorder, Washington County, Minnesota, lying easterly of the following described line: Commencing at the southeast corner of said Outlot C; thence N48 0 46'00 "W, bearing assumed, along the southwest line of said Outlot C, a distance of 163.21 feet to the point of beginning of the line to be described; thence N41 0 14'00 "E a distance of 249.00 feet; thence N48 0 46'00 "W a distance of 150.00 Resolution No. 2012 -XXX Page 2 of 4 feet; thence N04 0 31'28 "E a distance of 255.70 feet; thence N19 0 07'23 "W a distance of 202.29 feet to the north line of said Lot 1 and there terminating. Containing 127,751 square feet, 2.93 acres, more or less. Subject to easements of record, if any. Lot Line Correction Kuehl to Deed to Bushilla That part of the Northwest Quarter of Section 26, Township 27N, Range 21W, Washington County, Minnesota, described as follows: Commencing at the northwest corner of the Northwest Quarter of Section 26; thence S00 0 15'21 "W, bearing as- sumed, along the west line of said Northwest Quarter, a distance of 1113.45 feet (measured) (1111.7 feet (deed)), to the centerline of Point Douglas Road; thence S48 0 46'00 "e, along said centerline, a distance of 994.00 feet to the point of begin- ning of the land to be described; thence N41 0 14'00 "E a distance of 282.00 feet; thence S48 0 46'00 "E a distance of 13.20 feet; thence S41 °14'00 "W a distance of 282.00 feet; thence N48 0 46'00 "W a distance of 13.20 feet to the point of beginning. Containing 3287 square feet, more or less. Subject to easements of record, if any. Lot Line Correction Bushilla to Deed to Kuehl That part of Outlot C, Eagle Ridge, on file and of record in the office of the County Recorder, Washinton County, Minnesota, described as follows: Commencing at the southeast corner of said Outlot C; thence N48 0 46'00 "W, bearing assumed, along the southwest line of said Outlot C, a distance of 163.21 feet to the point of beginning of the land to be described; thence N41 °14'00 "E a distance of 249.00 feet; thence N48 0 46'00 "W a distance of 13.20 feet, to the northwest corner of Outlot C; thence S41 0 14'00 "W, along the northwest line of Outlot C, a distance of 249.00 to the southwest line of Outlot C, thence S48 0 46'00 "E, along said southwest line, a dis- tance of 13.20 feet to the point of beginning. Containing 3287 square feet, more or less. Subject to easements of record, if any. Commonly known as 10276 East Point Douglas Road South, Cottage Grove. WHEREAS, the Planning Commission held the public hearing and reviewed the application for the amended Historic Places Conditional Use Permit (HPCUP) at their meeting on September 24, 2012; and WHEREAS, the Planning Commission unanimously recommended approval of the amended HPCUP allowing Hope Glen Farm to be used as a wedding and event venue; and WHEREAS, as part of the application for the amended HPCUP, the applicants requested that they be allowed to construct a 2,000 square foot open air pavilion to be used during weddings and events at Hope Glen Farm; and Resolution No. 2012 -XXX Page 3 of 4 WHEREAS, a variance to the size and number of accessory structures on the property is required to allow the pavilion; and WHEREAS, the variance application was not part of the public hearing notice for the amended HPCUP; and WHEREAS, the Planning Commission recommended that the City Council hold the public hearing on the variance application for the 2,000 square foot open air pavilion; and WHEREAS, public hearing notices for the variance were mailed to property owners within 500 feet of the property and a public hearing notice was published in the South Washington County Bulletin; and WHEREAS, a planning staff report which detailed specific information about the property and the variance application was prepared and presented; and WHEREAS, the public hearing was open for public testimony. The applicant attended the public hearing. No written or oral testimony was received; and WHEREAS, the City Council reviewed the variance criteria and findings of facts established by the Zoning Ordinance for granting a variance. NOW, THEREFORE BE IT RESOLVED, the City Council of the City of Cottage Grove, Washington County, Minnesota, hereby grants a variance to City Code Title 11 -3 -313, Number and Size of Accessory Structures, to allow a 2,000 square foot open air pavilion to be constructed in conjunction with the amended historic places conditional use permit for Hope Glen Farm on the property legally described above. Granting this variance is based upon the following findings of fact: A. The existing and amended Historic Places Conditional Use Permit allows for unique use of qualifying historic properties. B. The proposed pavilion supports the uses approved under the Historic Places Conditional Use Permit. C. The proposed use for outdoor weddings and other events require separate staging areas for participants of the group. D. The proposed structure will allow the use of the property during inclement weather. E. The proposed open air pavilion will not adversely impact the view of adjoining neighbors. F. The proposal is consistent with the property's reasonable use, will enhance the property's value, and is similar to the essential character of the existing house and historic structures. Resolution No. 2012 -XXX Page 4 of 4 G. The purpose of the variance is not based exclusively upon a financial hardship. H. Granting the variance should not be detrimental to the public welfare or injurious to other landowners in the neighborhood. The proposed open air pavilion will not impair an adequate supply of light and air to adjacent properties. It will not create congestion in the public streets, become a fire danger, or endanger the public's safety. BE IT FURTHER RESOLVED, the recommendation for approval of the variance is subject to the following conditions: 1. The property owner must complete a building permit application and submit detailed construction plans for the proposed addition. A building permit must be issued by the City before construction starts. 2. The sides of the pavilion shall not be permanently enclosed. 3. The pavilion shall not be utilized for storage. 4. Any additional event occupancy created by the pavilion shall have equivalent on- site parking sufficient to meet the proposed use. 5. Access to the pavilion shall be ADA compliant. Passed this 17th day of October 2012. Myron Bailey, Mayor Attest: Caron Stransky, City Clerk RESOLUTION NO. 2012 -XXX A RESOLUTION APPROVING AN AMENDMENT TO THE EXISTING HISTORIC PLACES CONDITIONAL USE PERMIT TO ALLOW FOR THE OPERATION OF A WEDDING AND EVENT VENUE AT HOPE GLEN FARM, 10276 EAST POINT DOUGLAS ROAD SOUTH WHEREAS, Paula and Michael Bushilla have applied for an amendment to the existing Historic Places Conditional Use Permit (HPCUP) to allow for the operation of a wedding and event venue in addition to the current allowed uses at Hope Glen Farm. The property is legally described as: Parniml A That part of Lot 1, Block 1, Eagle Ridge, on file and of record in the office of the County Recorder, Washington County, Minnesota, lying westerly and southwesterly of the following described line: Commencing at the southeast corner of said Outlot C; thence N48 0 46'00 "W, bearing assumed, along the southwest line of said Outlot C, a distance of 163.21 feet; thence N41 °14'00 "E a distance of 249.00 feet; thence N48 0 46'00 "W a distance of 150.00 feet to the point of beginning of the line to be de- scribed; thence N04 0 31'28 "E a distance of 255.70 feet; thence N19 0 07'23 "W a dis- tance of 202.29 feet to the north line of said Lot 1 and there terminating. And That part of the Northwest Quarter of Section 26, Township 27N, Range 21W, Washington County, Minnesota, described as follows: Commencing at the northwest corner of the Northwest Quarter of Section 26; thence S00 0 15'21 "W, bearing as- sumed, along the west line of said Northwest Quarter, a distance of 1113.45 feet (measured) (1111.7 feet (deed)), to the centerline of Point Douglas Road; thence S48 0 46'00 "e, along said centerline, a distance of 994.00 feet to the point of begin- ning of the land to be described; thence N41 °14'00 "E a distance of 282.00 feet; thence S48 0 46'00 "W a distance of 13.20 feet to the point of beginning. Containing 217,618 square feet, 5.0 acres, more of less. Subject to easements of record, if any. Parcel B That part of Outlot C and Lott, Block 1, Eagle Ridge, on file and of record in the of- fice of the County Recorder, Washington County, Minnesota, lying easterly of the following described line: Commencing at the southeast corner of said Outlot C; thence N48 0 46'00 "W, bearing assumed, along the southwest line of said Outlot C, a distance of 163.21 feet to the point of beginning of the line to be described; thence N41 °14'00 "E a distance of 249.00 feet; thence N48 0 46'00 "W a distance of 150.00 Resolution No. 2012 -XXX Page 2 of 5 feet; thence N04 0 31'28 "E a distance of 255.70 feet; thence N19 0 07'23 "W a distance of 202.29 feet to the north line of said Lot 1 and there terminating. Containing 127,751 square feet, 2.93 acres, more or less. Subject to easements of record, if any. Lot Line Correction Kuehl to Deed to Bushilla That part of the Northwest Quarter of Section 26, Township 27N, Range 21W, Washington County, Minnesota, described as follows: Commencing at the northwest corner of the Northwest Quarter of Section 26; thence S00 0 15'21 "W, bearing as- sumed, along the west line of said Northwest Quarter, a distance of 1113.45 feet (measured) (1111.7 feet (deed)), to the centerline of Point Douglas Road; thence S48 0 46'00 "e, along said centerline, a distance of 994.00 feet to the point of begin- ning of the land to be described; thence N41 0 14'00 "E a distance of 282.00 feet; thence S48 0 46'00 "E a distance of 13.20 feet; thence S41 0 14'00 "W a distance of 282.00 feet; thence N48 0 46'00 "W a distance of 13.20 feet to the point of beginning. Containing 3287 square feet, more or less. Subject to easements of record, if any. Lot Line Correction Bushilla to Deed to Kuehl That part of Outlot C, Eagle Ridge, on file and of record in the office of the County Recorder, Washinton County, Minnesota, described as follows: Commencing at the southeast corner of said Outlot C; thence N48 0 46'00 "W, bearing assumed, along the southwest line of said Outlot C, a distance of 163.21 feet to the point of beginning of the land to be described; thence N41 0 14'00 "E a distance of 249.00 feet; thence N48 0 46'00 "W a distance of 13.20 feet, to the northwest corner of Outlot C; thence S41 0 14'00 "W, along the northwest line of Outlot C, a distance of 249.00 to the southwest line of Outlot C, thence S48 0 46'00 "E, along said southwest line, a dis- tance of 13.20 feet to the point of beginning. Containing 3287 square feet, more or less. Subject to easements of record, if any. Commonly known as 10276 East Point Douglas Road South, Cottage Grove. WHEREAS, public hearing notices were mailed to property owners within 500 feet of the property and a public hearing notice was published in the South Washington County Bulletin; and WHEREAS, the Planning Commission held a public hearing on September 24, 2012; and WHEREAS, a planning staff report, which detailed specific information on the property and the application request was prepared and presented; and Resolution No. 2012 -XXX Page 3 of 5 WHEREAS, the public hearing was open for public testimony. The applicant attended the public hearing. There was no oral testimony. A letter from an adjoining property owner was received and entered into the public record; and WHEREAS, the Planning Commission unanimously (9 -to -0 vote) recommended approval of the application, subject to certain conditions listed below. NOW, THEREFORE BE IT RESOLVED, the City Council of the City of Cottage Grove, Washington County, Minnesota, hereby approves the amendment to the existing Historic Places Conditional Use Permit (HPCUP) to allow for the operation of a wedding and event venue in addition to the current allowed uses at Hope Glen Farm, located on the property legally described above, subject to the following conditions: The conditions of approval of Resolution No. 01 -035 shall be complied with. 2. The additional limited commercial venture that is permitted by this permit allows for conducting unlimited outdoor weddings and other special events (including corporate events, benefits, conferences, and retreats). 3. The construction of a future 2,000 square foot open air pavilion for the use by wedding and event guests shall be approved as a part of this permit amendment subject to approval of a variance to the accessory structure requirements of the R -1 zoning district. 4. The hours of business operation are limited to 8:00 a.m. to 10:30 p.m. Monday through Thursday and Sunday, and 8:00 a.m. to 12:30 a.m. Friday and Saturday. 5. Amplified music shall be required to cease at 10:00 p.m. Monday through Thursday and Sunday, and 12:00 a.m. Friday and Saturday. 6. The applicant shall obtain all required liquor use licenses required by the City Clerk. 7. The applicant shall have all required insurance coverage in place in association with all permitted uses, and shall have the city named as an additional insured entity as required and approved by the City Clerk. 8. Any modifications to the building exteriors on the site must be reviewed by the City's Advisory Committee on Historic Preservation. 9. All applicable permits (i.e., building, electrical, grading, mechanical) must be completed, submitted, and approved by the City prior to the commencement of any licensed activities. Detailed construction plans must be reviewed and approved by the Building Official. Resolution No. 2012 -XXX Page 4 of 5 10. The property shall be inspected by the City Fire Marshal and all requirements arising from the inspection shall be completed prior to the commencement of any permitted activities. 11. The property shall be inspected by the Washington County Health Department and all requirements arising from the inspection shall be completed prior to the commencement of any licensed activities. 12. The private septic system compliance shall be reviewed and inspected by the Washington County Health Department and approved for the use as permitted with this amendment. 13. Portable on -site sanitary facilities are permitted for event use unless prohibited by the City Building Official or Washington County Health Department. 14. Signage on the property is limited to twenty (20) square feet. 15. All outdoor activities must be supervised by the applicants or designated staff. 16. The final parking design is required to be reviewed by the Planning Staff. Any parking improvements on the site must not negatively impact the drainage of the site or adjacent properties. 17. Any new fencing utilized on the site must be reviewed and approved by the City Historic Preservation Officer. 18. All waste removal from the site must be contracted with a commercial refuse hauler. 19. The standard City and State noise rules will be applicable to the site. If the City receives noise complaints, the property owner must bring the noise on the site into compliance upon notification by the City. 20. The standard City and State nuisance ordinance rules will be applicable to the site. If the City receives complaints, the property owner must bring the site into compliance upon notification by the City. 21. Repeat violations related to parking, noise, the licensed use, or HPCUP permit criteria will require additional review of the historic places conditional use permit by the City Council, with possible revocation of the conditional use permit as a remedy. 22. A new site access drive shall be constructed by the property owner in a location approved by the City Engineer within two years of the adoption of this resolution. Resolution No. 2012 -XXX Page 5 of 5 23. The new automotive access drive shall be hard surfaced to the front property line. 24. The existing eastern drive shall be restricted from event use upon construction of the new alternative access drive. Passed this 17th day of October 2012. Myron Bailey, Mayor Attest: Caron M. Stransky, City Clerk EXCERPT FROM UNAPPROVED MINUTES OF THE PLANNING COMMISSION MEETING ON SEPTEMBER 24, 2012 6.3 Hope Glen Farm — Case CUP2012 -029 Paula and Michael Bushilla have applied for a modification to Hope Glen Farm's existing Historic Places Conditional Use Permit to allow the property at 10276 East Point Douglas Road South to be used a wedding and event venue. Burbank summarized the staff report and recommended approval subject to the conditions stipulated in the staff report. Michael and Paula Bushilla, 10276 East Point Douglas Road South, explained the history behind this proposal, which included income loss and the subsequent need to hold additional weddings on the property in order to increase revenue so they can maintain their historic property. He also noted that the city as a whole would benefit economically if they are per- mitted to become a wedding venue. Paula Bushilla stated that one of the neighbors sent a letter of recommendation, and they have spoken to most of their neighbors who said they did not oppose the proposed use. She noted that they have worked with the City on everything they have done on the property and have gotten building permits for every renovation made to date. Burbank clarified in the staff report that the public hearing notice for the historic places con- ditional use permit was mailed and published on September 12. He noted further that an additional public hearing notice for a variance would be published prior to Council review. Rostad asked for clarification on the actions the Planning Commission will make. Burbank responded the Commission will hold the public hearing and make a recommendation to the City Council on modifying the existing Historic Places Conditional Use Permit. The City Council will hold the public hearing for the proposed variance allowing an open air pavilion at their meeting on October 17. He stated further that the reason for the Council holding the public hearing on the variance is because that the public hearing notice for that request was overlooked and not published and mailed for the Planning Commission meeting. Rediske asked for further explanation regarding the entrance to the property. Michael Bushilla pointed out on the site plan where the entrance is located and where they are pro- posing to move it to if their wedding venue is successful. They worked with their neighbor, whose letter was included in the staff report, on the proposed location. Paula Bushilla noted that the location will be subject to city approval. The access drive would be paved from the road to the property line as required by the City and would be gravel from that point on. Brittain asked if there should be a condition regarding moving the driveway at a later date based upon the performance. Burbank stated that a timeframe for that could be added. The Bushillas stated that they would be able to put in the new entrance within two years, but they want it in as soon as possible. Brittain asked if that would vacate the existing entrance. Burbank responded that it could be eliminated but the neighbor uses it. Brittain asked if the current access would be closed to normal traffic use. The Bushillas stated that they could put a gate on that access so it is available for emergency vehicles and for their neighbor's use. Excerpt from Unapproved Planning Commission Minutes Hope Glen Farm — Amend Historic Places CUP September 24, 2012 Page 2 of 3 Rostad asked if staff has overlaid a parking grid on the parking area to ensure it would hold enough vehicles. Burbank stated staff could do that prior to the City Council meeting. Bushilla pointed out another area on the property that could be used for parking. Brittain asked if the upper overflow parking area is accessible from the lower pasture area. Bushilla responded yes. Rostad opened the public hearing. No one spoke. Rostad closed the public hearing. Peterson asked for a tour of Hope Glen Farm. The Bushillas agreed that they would like to host a tour for public officials. Reese asked if alcohol use has already been permitted for the site. Paula Bushilla re- sponded that it is a new request. Heurung asked if the executive apartments are still in the upper level of the home. Bushilla responded yes. They also use the chicken coop cottage for rental housing. Brittain made a motion to approve the modification to Hope Glen Farm's existing His- toric Places CUP subject to the conditions listed below with the addition of a condi- tion about the timeline for relocation of the secondary access point and gating of the third access except to allow access to the exception parcel. Rediske seconded. 1. The conditions of approval of Resolution No. 01 -035 shall be complied with. 2. The additional limited commercial venture that is permitted by this permit al- lows for conducting unlimited outdoor weddings and other special events (including corporate events, benefits, conferences, and retreats). 3. The construction of a future 2,000 square foot open air pavilion for the use by wedding and event guests shall be approved as a part of this permit amend- ment subject to approval of a variance to the accessory structure requirements of the R -1 zoning district. 4. The hours of business operation are limited to 8 :00 a.m. to 10 :30 p.m. Monday through Thursday and Sunday, and 8 :00 a.m. to 12 :30 a.m. Friday and Saturday. 5. Amplified music shall be required to cease at 10 :00 p.m. Monday through Thursday and Sunday, and 12 :00 a.m. Friday and Saturday. 6. The applicant shall obtain all required liquor use licenses required by the City Clerk. 7. The applicant shall have all required insurance coverage in place in association with all permitted uses, and shall have the city named as an additional insured entity as required and approved by the City Clerk. Excerpt from Unapproved Planning Commission Minutes Hope Glen Farm — Amend Historic Places CUP September 24, 2012 Page 3 of 3 8. Any modifications to the building exteriors on the site must be reviewed by the City's Advisory Committee on Historic Preservation. 9. All applicable permits (i.e., building, electrical, grading, mechanical) must be completed, submitted, and approved by the City prior to the commencement of any licensed activities. Detailed construction plans must be reviewed and approved by the Building Official. 10. The property shall be inspected by the City Fire Marshal and all requirements arising from the inspection shall be completed prior to the commencement of any permitted activities. 11. The property shall be inspected by the Washington County Health Department and all requirements arising from the inspection shall be completed prior to the commencement of any licensed activities. 12. The private septic system compliance shall be reviewed and inspected by the Washington County Health Department. 13. Signage on the property is limited to twenty (20) square feet. 14. All outdoor activities must be supervised by the applicants or designated staff. 15. The final parking design is required to be reviewed by the Planning Staff. Any parking improvements on the site must not negatively impact the drainage of the site or adjacent properties. 16. Any fencing utilized on the site must be reviewed and approved by the City His- toric Preservation Officer. 17. All waste removal from the site must be contracted with a commercial refuse hauler. 18. The standard City and State noise rules will be applicable to the site. If the City receives noise complaints, the property owner must bring the noise on the site into compliance upon notification by the City. 19. The standard City and State nuisance ordinance rules will be applicable to the site. If the City receives complaints, the property owner must bring the site into compliance upon notification by the City. 20. Repeat violations related to parking, noise, the licensed use, or HPCUP permit criteria will require additional review of the historic places conditional use per- mit by the City Council, with possible revocation of the conditional use permit as a remedy. Motion passed unanimously (9 -to -0 vote).