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Home My WebLink About2014-07-16 PACKET 04.N. REQUEST OF CITY COUNCIL ACTION COUNCIL AGENDA MEETING ITEM # � DATE 7/16/14 � � PREPARED BY: Community Development Jennifer Levitt ORIGINATING DEPARTMENT STAFF AUTHOR ******************�****�************************ COUNCIL ACTION REQUEST: 1. Consider approving a certificate of appropriateness for the proposed amendments to Hope Glen Farm's existing Historic Places Conditional Use Permit. 2. Consider approving the addition to the perimeter of the existing open air event pavilion, the construction of a handicapped accessible apartment in the existing historic corn crib, and the construction of a tree house honeymoon suite. ��r_1��:�xK•7►�il►�i1�►1.7_��c.7�� 1. Approve the certificate of appropriateness. 2. Adopt the resolution approving the addition to the perimeter of the existing open air event pavilion, the construction of a handicapped accessible apartment in the existing historic corn crib, and the construction of a tree house honeymoon suite. ADVISORY COMMISSION ACTION � PLANNING � ACHP SUPPORTING DOCUMENTS DATE 6/23/14 5/13/14 REVIEWED APPROVED ❑ � ❑ � � MEMO/LETTER: Memo from John M. Burbank dated 7/7/14 � RESOLUTION: Draft ❑ ORDINANCE: ❑ ENGINEERING RECOMMENDATION: ❑ LEGAL RECOMMENDATION: � OTHER: Excerpt from unapproved minutes of 6/23/14 Planning Excerpt from 5/13/14 ACHP meeting minutes Certificate of Appropriateness � � ■ ■ Commission meeting ADMINISTRATOR'S COMMENTS � =',l ��c� City Administrator Date ****�**********************************:�******** COUNCIL ACTION TAKEN: ❑ APPROVED ❑ DENIED ❑ OTHER Cottage J Grove � Pride andprOSPerity Meet TO: Honorable Mayor and City Council Ryan Schroeder, City Administrator FROM: John M. Burbank, Senior Planner DATE: July 7, 2014 RE: Hope Glen Farm Introduction Paula and Michael Bushilla have applied to amend an existing Historic Places Conditional Use Permit (HPCUP) (Resolution Nos. 01-085, 2012-120, and 2012-121) to allow for additional lim- ited commercial ventures to be conducted at 10276 Point Douglas Road South. The Bushilla's are proposing the following improvements and uses in addition to their current approved uses. 1. Construct an eave addition to the perimeter of their existing open air event pavilion. 2. Construct a handicapped accessible apartment in the existing historic corn crib on the site. 3. Construct a tree house honeymoon suite. Location Map Planning Commission The Planning Commission held the public hearing and reviewed the requests at their June 23, 2014 meeting. The Commission unanimously recommended that the Council approve the amendment to Hope Glen Farm's Historic Places Conditional Use Permit. An excerpt from the unapproved Planning Commission minutes is attached. Parcel Detail Honorable Mayor, City Council, and Ryan Schroeder Hope Glen Farm - HPCUP July 7, 2014 Page 2 of 20 Background In 2012, the Bushilla's made application to amend their existing HPCUP to allow the following: 1. Conduct outdoor weddings and other special events (corporate events, benefits, confe- rences, and retreats). 2. Construct an open air pavilion for use by wedding and event guests. Earlier this year, the Council granted a certificate of appropriateness for an addition to the ex- isting corncrib on the site to accommodate a catering staging and event storage area. Since the 2012 approval, the property has been used for 95 weddings and numerous other events quite successfully. They are already booking weddings into 2015. Some of the larger weddings had 300 guests. The historic barn has a maximum capacity of 99 people. The pavilion as constructed served those larger weddings, but the recent addition of a fireplace on the west end reduced the ability to seat 300 people. Honorable Mayor, City Council, and Ryan Schroeder Hope Glen Farm - HPCUP July 7, 2014 Page 3 of 20 The proposed eave addition is intended to solve this issue. 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 approvals. Each of the buildings on the site related to the permitted use serve a function in the planned events. Civil War Era Barn Property Characteristics 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 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. Barn Exterior Detail Barn Interior Detail Honorable Mayor, City Council, and Ryan Schroeder Hope Glen Farm - HPCUP July 7, 2014 Page 4 of 20 ,., i '- ' '. � -. - _ �� . �-r z �_ 1 _ v " � i , j ` w .� �..��k ,.�I! r r y , �'�''.� . _ �� .� ..��r�.��' , ,�.� � �:; _ _ �� e� E ti. �� — f u�� , - � _ hl L�� _ 6 f lil. - ; �a!', L�-- - �° �.:�� .�w — � �,�_ �� _, ,f `,� _ \ , '° . <� \ , �� : � :�,. . _� .� � � r _.�� s t—. = a:a�` 4 = . . ` '� r �� +� 1 '�'-.,. ' . . . Hope Glen Farm �: :��:. k �.,�• �� s.� � A �- ��,'��, y � J }+..!: _!�.`�'� k i .. _ .. �^�., 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 ages 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. It is identified on the location map as the exemption parcel. Honorable Mayor, City Council, and Ryan Schroeder Hope Glen Farm - HPCUP July 7, 2014 Page 5 of 20 , ;� ,. , . ' . -�`��;/- . ��1.. ... b� . . � ' }�� ' 1 . <l. � . �L � 3 .. � ',7s� �I��a ." • � �: � . . » - t � ��, . � '_. 'E . '' � . � � _ �"1_-i.�. `�/ . . .}'�e.'_i" _' 4't� .� � � ( . . ' . . .. aqaew„�'v. � �++�Y. � . � ��',�, -. � , , _ _ _ . . o � .� . �_ �' A"_ �_'� ,1 : y � . ' i v{ � , �-- °�." � .� . � ;�� - �,`.� � _.. .�i . ,—' ;Y' �.�: r. �>. ". ` a� � .. 1 YJ � � � l l��? `,�t_(.i ��... _ ��:: ��' ; ,�{ �- r � . �!` : �. — �.' � : .�� s ; i � + �. . f �� Site Detail Air Photo Barn Photo Honorable Mayor, City Council, and Ryan Schroeder Hope Glen Farm - HPCUP July 7, 2014 Page 6 of 20 Site Detail Drawing In 1996, a larger part of the Healy property was subdivided again and developed as a rural residential 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, City Council, and Ryan Schroeder Hope Glen Farm - HPCUP July 7, 2014 Page 7 of 20 In 2001, a Historic Places 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 located in the most northeastern accessory structure. The resolution of approval (Res. No. 01-085) 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 habitable 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. 2006 Minor Subdivision Honorable Mayor, City Council, and Ryan Schroeder Hope Glen Farm - HPCUP July 7, 2014 Page 8 of 20 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 galleries, 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. (4) Adequately served by municipal services or a septic system with adequate capacity for the proposed 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 11-3-9F 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 preservation, and a certificate of appropriateness is obtained for site work to preserve, rehabilitate, restore or reconstruct historic buildings, structures, landscapes or objects. To date, the applicants have been successfully meeting the requirements related to the issu- ance and operation of an historic places conditional use permit. 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. Honorable Mayor, City Council, and Ryan Schroeder Hope Glen Farm - HPCUP July 7, 2014 Page 9 of 20 2030 Land Use Map Zoning The Property is Zoned R-1, Rural Residential. Limited commercial ventures conducted at his- toric properties are allowed as a conditional use within the R-1 zoning district. Zoning Detail Honorable Mayor, City Council, and Ryan Schroeder Hope Glen Farm - HPCUP July 7, 2014 Page 10 of 20 Proposed Uses 2014 As stated in the introduction, the Bushilla's are seeking approval to: 1. Construct an eave addition to the perimeter of their existing open air event pavilion. � PAYILION� ROOF EXIFNSIONS - fAST ELEYATION _ ,_ n � ¢ o G�� L� -i � � li a Y�,� p 6 �g� �� e A.3 2 PP,NLIqN ROpf EXIENSIONS - WE$T ELEVA710N ,. _ ,..,. Honorable Mayor, City Council, and Ryan Schroeder Hope Glen Farm - HPCUP July 7, 2014 Page 11 of 20 The requested expansion is for the eaves only as the building code prohibits enclosing the structure without a sprinkler system. The roofing materials utilized will be the same as the cur- rent structure. The Advisory Committee on Historic Preservation (ACHP) reviewed the proposal and found the use to be consistent with the current HPCUP uses. Plans of the addition are attached. Honorable Mayor, City Council, and Ryan Schroeder Hope Glen Farm - HPCUP July 7, 2014 Page 12 of 20 2. Construct a handicapped accessible apartment in the existing historic corn crib on the site. .�.�_ u ,� �. � ��plll�� pp��I�� IIIII�� _ - �� IIIIIII IIIIIII. 1� .IIIIIIII_./�IIIIIII) �..IIIIII '" Illlp�� _ '��) �� i ��I��I ��II��I � � �� I. �_�) `�E �: �—= � -��.��_�- �� y� �II��I Il; C1111 ��Illlf �, II�� IN l II � _ �� . _ � �� .:_�.,��—�---�--_��_ �� — €�! �' ��1 O ' I 0 � �s::se(_"et i:�,= _ � ! I � _ IIIIIIIIIIIIIIIIIII IIIIIIIIIIII�IIIIIIIIIIIIIIIIIIIIImmn �� -- .� .. ... . ... i „ , i �� ;,�� , �� ,,, ��f�� IIL�IIII,,,IIIIIII(= '�:� � I�;�;' I ;�,�I�� a,' _ _�, �� _ . IIIII�I� �= r £ ___ :... ____. _ _____ «. : w � � W �m � U Z '' O I'-' U Q 4 � �t � � AI � �' o � O x m �- �a a U � Q J W � FLOOR PLAN 0� ACCESSIBIF RENTAL UNIT ... I' A ' j � .r/ie o �"�-o'-- ..� The applicants currently have approval for two accessory apartments under the current HPCUP. The requested apartment would serve as a handicapped accessible alternative to the Tree house rental if both are approved. The applicants have indicated that during ofF-peak wedding times they would continue to rent the space to customers visiting Hope Glen Farm. The applicant's narrative on the corn crib accessible apartment is attached. The ACHP reviewed the proposal and found the use to be consistent with the current HPCUP uses. Honorable Mayor, City Council, and Ryan Schroeder Hope Glen Farm - HPCUP July 7, 2014 Page 13 of 20 � :-= -� ... � � { � � �� . �._ �� I . ;� �' � � ,;: ; ; ,. �; i i . _ .. '��; . ��_ t, �� . ,F_ : i �� ^ � i I� ;; �`'s=; 1 s � ' �,�` � _ � �= t : ��,• � , . .. � --- _ , .4,�. �: � , ��, _ �- :� �- _�� ,�� vy � . ' {�� ' �� - .. �• .1: �� _ � P ,. Corn Crib , � ��+'��i '.' ;t , �,, , ,ii�, , � , ; �� ' �. � ,� , ., t :�� rt ,�_ Y a� �w��y� �4'. ��,4 �•_ �� '' '?��'. � �� ` �- � .�,#. �� N ��,ffx j 1�3 ' � � �;� - � �. � � �:E � �� . _- � -- ? + -., �= tz � ,,;_ . 3. Construct a self-supporting tree house honeymoon suite on the northern portion of the property. Honorable Mayor, City Council, and Ryan Schroeder Hope Glen Farm - HPCUP July 7, 2014 Page 14 of 20 w � w� �� oz xo �o w5 w� � �z 0 _ Z �a� - ��n o za� =; t J! ;aq c` n; i �§� �� `��s SOJTHE55T ELEVATION f.LOSE-lJP � ' A 3 C w xxE rroaosea i ree house nonevmoon Suite Honorable Mayor, City Council, and Ryan Schroeder Hope Glen Farm - HPCUP July 7, 2014 Page 15 of 20 � - 7..�;I: 1 �' i ;� y a �� '�� ' { . � �` � ,�� 4 i � �,� , � ,,k � s ' � 3 , 1 ' � f � S i � � t '' 3 t � $ �`w , � , Y � .. , .. � �;d{i,ia if � � t ;'. ' �.� . � ��"�'- � ' . 'i (-: Pic[ome[ryl�.top�Au[o 1 ' 'i' � E <�,6/48 - > y ��.� � v f - � . � 'ry Gl i J tt - Y �.. 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The unique experience they are proposing to create is a tree house that would serve as a honeymoon suite or a place for special guests. A professional tree house construction company has been engaged by the applicants to design and guide them towards their end goal of creating the Honeymoon Suite Tree House. The preliminary plans are detailed below. The tree in which they are proposing to use is along the northern property line of the site adjacent to Washington County Ravine Regional Park. Part of the requested use is a reduction in the required setback of 50 feet. If the tree house use is approved, a variance application will have to be processed. Given the proximity to the Park, the Washington County Parks Department was contacted for comment. The applicants' narrative on the tree house is attached. The applicants have indicated that for off-peak wedding times they would continue to rent the space to customers visiting Hope Glen Farm. While the tree house is not historic to the site, the function of the use as a supporting mecha- nism to the current HPCUP was determined to be the qualifying factor in processing the con- struction request. The Advisory Committee on Historic Preservation reviewed the proposal and agreed that it supported the function of the HPCUP, but since it is not a historic structure, it was not within their purview to comment. They did suggest that if the tree house suite is approved, its final design and decorations give homage to Samuel Bartlett, the designer of the main home on the property. Access The property currently has three existing access drives off East Point Douglas Road. The pri- vate main entrance is the area identified with the stone Hope Glen marquee, the main "Barn Parking" entrance is located to the east of the barn parking and the third is located to the west of the exception parcel (10348 East Point Douglas Road). This driveway is also utilized by the exception parcel owner and passes close to his home. The middle barn parking driveway was Photo Example of Tree House Honeymoon Suite Honorable Mayor, City Council, and Ryan Schroeder Hope Glen Farm - HPCUP July 7, 2014 Page 17 of 20 installed partially in 2013 and is in the final stages of construction. The applicants and their engineer are working with the City Engineer to bring the drive to completion. The final drive will be hard surFaced to the handicapped parking area. Trafific The proposed uses will not alter the traffic generated by current permitted uses. Parking The proposed uses will not alter the traffic generated by current permitted uses. There will be limited parking created off the catering road, which was approved by the Council earlier this year. Signage The site currently has all approved signage in place, and no additional signage is proposed. Catering Road Location Detail Honorable Mayor, City Council, and Ryan Schroeder Hope Glen Farm - HPCUP July 7, 2014 Page 18 of 20 Noise It is not anticipated that the proposed uses will alter the noise generated by current permitted uses. The resolutions of approval and the City's revised noise ordinance apply to all uses on the property. Public Health Liguor Use No changes in the liquor use on the site is proposed. Food No changes in the food serving operation on the site is proposed, with the exception of the fu- ture dining needs of the guests of the Tree House Honeymoon Suite and the Accessible Corn Crib Suite. The food service area and caterers will continue to be inspected and licensed as required by the Washington County Department of Public Health. Utilities The property has functional private well and septic. The applicant is currently working with the building official and a septic designer to ensure that the current system can accommodate the additional loading from the Tree House Honeymoon Suite and the Corn Crib suite. Restroom Facilities The two new proposed suites include bathrooms. The City Building Official has been working with the applicants to ensure adequate public restroom facilities continue to be available. Hours of Operation No changes in the hours of operation on the site are proposed. The current hours of business operation are from 8:00 a.m. to 10:30 p.m. Sunday through Thursday, and 8:00 a.m. to 12:30 a.m. Friday and Saturday. Waste The waste from the proposed use would continue be handled by a licensed rubbish contractor and in accordance with all City ordinance criteria. Capacity Maximum occupancy rating of each building is addressed by the building official. Current site capacity is limited to 300 people. Additional capacity increases will require review by Building and Planning staff. Fire Protection Based on the occupancy ratings of the different structures, fire protection is not required. Honorable Mayor, City Council, and Ryan Schroeder Hope Glen Farm - HPCUP July 7, 2014 Page 19 of 20 Commission Review ACHP Review The City's Advisory Committee on Historic Preservation reviewed the application request at their regular meeting in May. 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 conditional use permit amendment, and that said approval has appropriate language to protect the health and safety of the general public as well as the historical integrity of the property. Technical Advisory Committee The Technical Advisory Committee questioned at what point does the commercial portion start to compromise the historic character of a site and is this request approaching the limits of unique uses on the site. Public Hearing Notices Public hearing notices were mailed to 10 property owners who are within 500 feet of the pro- posed addition project. These notices were mailed on June 11, 2014. The public hearing notice was also published in the South Washington CountyBulletin on June 11, 2014. Summary The proposed use is consistent with the list of permitted limited commercial ventures specified in the ordinance. The Historic Places Conditional Use Permit process was created to allow owners of larger historic properties to operate unique uses on their properties as a means in which to get income for the maintenance of the historic property. For this property, it has proven to be a successful venture. The photo below is of the barn when the rehabilitation process first began. aarn ex�enur ue�ai� u�rvre resivration Honorable Mayor, City Council, and Ryan Schroeder Hope Glen Farm - HPCUP July 7, 2014 Page 20 of 20 A quick search of the internet hits a variety of sources giving accolades to the site and its operators, and it would be expected that the requests before the Commission and Council would only further the recognition and preservation of the site. Recommendation That the City Council take the following actions: 1. Approve a certificate of appropriateness for the proposed amendments to the existing Historic Places Conditional Use Permit. 2. Approve the addition to the perimeter of the existing open air event pavilion as detailed in the staff report, approve the construction of a handicapped accessible apartment in the existing historic corn crib on the site as detailed in the staff report, and approve the construction of a tree house honeymoon suite as detailed in the staff report. The recommendations of approval are subject to the conditions stipulated in the attached draft resolution. ' / � I ! // I / / � � Pursu�it to the requiremenls of §9-9-G of die Cit�� Code of the City of Cottage Grove, no o«�ier or conh actor shall disturb or alter any �art of a proper�j� listed in dle Ciry Register of Historic Sires and Landmarks �vidiout a Certificate of Appropriateness. The Advisory Committee on Historic Preservation revie«�s applications for Ciry perinits in relation to designated historic sites ancl landmarks. Certificates of Appropriateness may be granted U5� d1e Cit�� Historic Preservation Officer, acting on behalf of tlie Advisory Committee on Historic Preservation (ACHP), for small projects and ininor work, or in cases where die proposed worlc will have no adverse effect on a designated llistoric site or landmark. Criteria and gliidelines used in reviewing applications for Certificates of Appropriateness �ue contained in die Historic Preservation Element of the Comprehensive Pl�ui. AnS� change in the scope of work suUsequent to die issuance of diis Certificate of Appropriateness requires a new Certificate of Appropriateness for such ch�iges. _ Name and Location of Historic Property: "Hope Glen r�u Historic Site, 10276 East Point Douglas Road Soudl, Cottage Grove, Minnesota. Property Owner/Address: Michael and Paula Buslulla, 10276 East Point Douglas Road South, Cottage Grove, Mimlesota. Proposed Work: 1. Construct an eave addition to the perimeter of their existing open air event pavilion. 2. Construct a handicapped accessible apartment in the existing historic cot crib on the site. 3. Construct a tree house honeymoon suite. Finditigs: The ACHP revie«�ed dle proposal at dieir regul�u meeting on May 13, 201�1, and recomulended approval of die request based on dle follo�ving findings: Tlie proposed �vork is consistent ��vidi dle Secretary of die Interior's recommencled standar�ls for rehaUilitation of historic buildings and die property's preservation planning report. It is a sizeable monetary invest�nent in die lustoric properry. Conditions of Approval: See Resolution 201�1-XYX Date: July 1G, 201�1 John M. Burbank, AICP Senior Planner City Historic Preservation Oflicer Adr�sol7� Colnmittee on Histoiic Presel Cit�� of Cottage Gror�e, Mu�nesota RESOLUTION NO. 2014-XXX A RESOLUTION APPROVING AN AMENDMENT TO THE EXISTING HISTORIC PLACES CONDITIONAL USE PERMIT TO CONSTRUCT AN EAVE ADDITION TO THE PERIMETER OF THE EXISTING OPEN AIR EVENT PAVILION, CONSTRUCT A SELF-SUPPORTING TREE HOUSE HONEYMOON SUITE, AND TO CONSTRUCT A HANDICAPPED ACCESSIBLE APARTMENT IN THE EXISTING HISTORIC CORN CRIB 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 construct an eave addition to the perimeter of their existing open air event pavilion, construct a handicapped accessible apartment in the existing historic corn crib, and construct a self-supporting tree house honeymoon suite at Hope Glen Farm. The property is legally described as: Parcel 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°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°46'00"W a distance of 150.00 feet to the point of beginning of the line to be described; thence N04°31'28"E a distance of 255.70 feet; thence N19°07'23"W a distance 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 21 W, Washington County, Minnesota, described as follows: Commencing at the northwest corner of the Northwest Quarter of Section 26; thence S00°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°46'00"e, along said centerline, a distance of 994.00 feet to the point of beginning of the land to be described; thence N41 °14'00"E a distance of 282.00 feet; thence S48°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 Lot1, Block 1, Eagle Ridge, on file and of record in the office 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°46'00"W, bearing assumed, along the southwest line of said Outlot C, a distance Resolution No. 2014-XXX Page 2 of 4 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°46'00"W a distance of 150.00 feet; thence N04°31'28"E a distance of 255.70 feet; thence N19°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°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°46'00"e, along said centerline, a distance of 994.00 feet to the point of beginning of the land to be described; thence N41 °14'00"E a distance of 282.00 feet; thence S48°46'00"E a distance of 13.20 feet; thence S41°14'00"W a distance of 282.00 feet; thence N48°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°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°46'00"W a distance of 13.20 feet, to the northwest corner of Outlot C; thence S41°14'00"W, along the northwest line of Outlot C, a distance of 249.00 to the southwest line of Outlot C, thence S48°46'00"E, along said southwest line, 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. Commonly known as 10276 East Point Douglas Road South, Cottage Grove, Washington County, State of Minnesota. 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 June 23, 2014; and WHEREAS, a planning staff report, which detailed specific information on the property and the application request was prepared and presented; and Resolution No. 2014-XXX Page 3 of 4 WHEREAS, the public hearing was open for public testimony. The applicant attended the public hearing. There was no oral or written testimony received; and WHEREAS, the Planning Commission unanimously (8-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 construct an eave addition to the perimeter of their existing open air event pavilion, construct a handicapped accessible apartment in the existing historic corn crib, and construct a self-supporting tree house honeymoon suite at Hope Glen Farm, located on the property legally described above, subject to the following conditions: 1. The conditions of approval in Resolution Nos. 01-035, 2012-120, and 2012-121 shall be complied with. 2. The private septic system shall be reviewed and inspected by the Washington County Health Department, and the septic system on site be modified to accommodate additional loading 3. A variance must be granted prior to the issuance of a building permit for the Tree House Honeymoon Suite. 4. The hours of business operation are limited to 8:00 a.m. to 10:30 p.m. Sunday through Thursday, and 8:00 a.m. to 12:30 a.m. Friday and Saturday. 5. 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. 6. Any modifications to the building exteriors on the site must be reviewed by the City's Advisory Committee on Historic Preservation. 7. 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. 8. 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 of the requested activities. 9. 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. 10. Signage on the internal portions of the property can be increased to include the design detailed in the staff report. Resolution No. 2014-XXX Page 4 of 4 11. 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. 12. 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. 13. Any increase in size of the tree house that is greater than 20 percent in size of what is depicted in the submitted plans shall require City Council review. 14. 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. Passed this 16th day of July 2014. Myron Bailey, Mayor Attest: Caron M. Stransky, City Clerk EXCERPT FROM UNAPPROVED MINUTES FROM THE JUNE 23, 2014, PLANNING COMMISSION MEETING 6.5 Hope Glen Farm — Case CUP2014-016 Hope Glen Farm, 10276 East Point Douglas Road, has applied for an amendment to their His- toric Places Conditional Use Permit to enlarge their existing pavilion by constructing roof extensions on four sides of the pavilion and to construct an 824 square foot tree house that will provide overnight lodging. Burbank summarized the staff report and recommended approval subject to the conditions stipulated in the staff report. Paula Bushilla, 10276 East Point Douglas Road, explained they need the accessible apartment in the corn crib and the tree house honeymoon suite due to requests from wedding parties for a place to stay, they are trying to stay unique in the popular barn wedding business, and it would help them generate income during the off-season. It is very expensive to maintain the six historic buildings on their property. The final reason is that they want to put Cottage Grove on the map as the first tree house lodging available in the Twin Cities. She then stated that they were told that if there is a handicap accessible accommodation on the site, they would not need to make the tree house accessible. Bushilla explained that they need the eaves on the pavilion so it can accommodate 300 guests. Rostad asked at end of the pavilion is the fireplace located. Michael Bushilla responded that it is on the south side of the pavilion facing Highway 61 and the parking lot. Rostad asked if putting in an impervious surface was part of the last approval. Burbank responded that is part of the 2012 approval and they are finishing up the design process. Rostad stated that he is concerned that they have not met that condition of the previous approval and have now applied for more. Burbank responded that is the last condition that needs to be met and they have been working with the City to complete the driveway surfacing requirement. Rostad opened the public hearing. No one spoke. Rostad closed the public hearing, Graff asked why a variance would be needed it the tree house is located in the proposed tree. Burbank responded that the rear yard setback requirement for that zoning district is 50 feet and this tree is closer to the property line than that. Graff asked if there are similar trees on the prop- erty that could be utilized. Bushilla responded no and they understand they would need to go through the variance process to use that tree. Imdieke made a motion to approve the certificate of appropriateness, Rediske seconded. Motion passed unanimously (8-to-0 vote). Brittain made a motion to approve the amendment to the existing Historic Places Condi- tional Use Permit to allow the construction of an eave addition to the perimeter of their existing open air event pavilion, a handicapped accessible apartment in the existing historic corn crib on the site, and a tree house honeymoon suite, subject to the conditions listed in the staff report. Imdieke seconded. Motion passed unanimously (8-to-0 vote). EXCERPT FROM THE MAY 13, 2014 MEETING MINUTES OF THE ADVISORY COMMITTEE ON HISTORIC PRESERVATION Hope Glen Farm— Certificate of Appropriateness. Burbank reported that the Michael and Paula Bushilla were in attendance to request that the ACHP review a proposal to conduct the following improvements and uses in addition to their current approved uses. 1. Construct an eave addition to the perimeter of their existing open air event pavilion. 2. Construct a handicapped accessible apartment in the existing historic corn crib on the site. 3. Construct a tree house honeymoon suite. After reviewing the information and a holding general discussion with the applicants, the ACHP reviewed the proposal and identified that while the tree house is not historic to the site, they agreed that the function of the use is a supporting mechanism to the current HPCUP. The ACHP identified that since the tree house was not a historic structure, it was not within their purview to comment. They group did suggest that if the tree house suite is approved, its final design and decorations give homage to Samuel Bartlett, the designer of the main home on the property. After additional discussion, the ACHP unanimously recommended that the City Council approve a certificate of appropriateness for the requested use. Burbank reported that the item would be forwarded to the City Council. Mile � � •I as 1 �� v _ ri+� f�� Ill �1 � Me l � � i' i 111111iiI111i1i111111111H1111111111111111 I H I IHii37111�kHitH #}Hf}7711Hit1 }Ittl7k}iltklli _ � • — Si� ' 1 r i � ■ ■'�� -� ci a�ll�� OM ■ - � Ilil��. mm i i r� �7 illy 11 Fillillilill _ n � 1 '' - -r 1 -'�{Q cc -ems U G4tF4— ff38 --Z[s. 3R5plaQ Sf fOfi�eG3 63 LS3Nf NI't '3Aetl5 3aYi106 unos moa sr�noa,wwa rsr� saac M -. m • " iNSne - VIWA NM 3 rr3 `- Q [[ !� t [� � tt� 11 !t ! ca �« ).,o I is 1 V V I 1 i C V' d rt -e -s up NOFIP N3dO Vd 6tV Lwvw S:a z Nolsa(l VINONIO >I QNV iSV3 a da J3oa (( r� F rr 3 � Y Z Z o a I— F L1 W En tZ Lu Ea f F Q 4j Z Q Z Z x �r x. w O 0 0 o Z° Z ° C) a � Q m n El.n Qn Project Name: CornCrib Cottage Project Description This is an Adaptive Reuse Project on a Historic property. While this specific structure is not on the Register, we have endeavored to utilize design elements and features consistent with the historic character and flavor of the property. We are also responding to modern building code requirements and current marketing issues to enhance the economic viability of this venue. Where feasible we have retained the existing architectural fabric of the building. Design Narrative • Short term rental unit is on an existing Handicap Accessible route. • Rental unit is reached via the existing Accessible ramp and deck on the south side of the building. • Type R Occupancy on Commercial Property • This unit includes fully Accessible Bedroom, Kitchen and Bathroom facilities • The Accessible Bedroom has a Queen Bed, sliding doors at the closet and an egress window. • Additional sleeping available with Sleeper sofa in the living room and twin bed on the elevated, open "loft" area at 54" above finished floor level. • Due to limited opportunities for fenestration on the side walls, a Clerestory window feature is being added to the roof over the central area of the unit. • Clerestory window feature takes the form and profile of a linear ventilator as found on some chicken coops. This resembles the feature on the existing Chicken Coop building directly behind the Historic Hope Glen Farm Residence. • The roof over the entry matches the profile of the "dormer" roof entryways at the South Elevation for design continuity • A deck area is provided directly outside of the Living Room with Access through a hinged French door equipped with Accessible Hardware. Cary Kimmel is an Architectural Design Professional Background: U of M School of Architecture Graduate Bachelor of Environmental Design Bachelor of Architecture w/ Thesis Post Grad. Studies in Historic Preservation 27 years of Architectural design experience in residential and commercial Architecture Owner of Illumination Restoration Studio, conserving and restoring late 10' and early 20' Century lighting devices (7 years) @IdONdOO nsnnd 3nlidbaV LOOt— B9B —ZL9 L�VINOO NOIS3Q VINONIO?I N'dld d00�d 3 ;N� BLZOL — IIWd N31O 3dWi Q s II Nn WiN3d Wda3 3N0 3391SS300b 0 °off iL - 5L 1 N9 N� w� ° 9 >w m w� ° S U 310= IM ° X ° �3 Z Z Z ® Z � W W J J m m N. � ® Q LLJ W W O O O O > H H L J -I J W � W -� 11 � (n o N W O M � M N 812JON�J00 L001- 898— ZL9'Y'IYlNOO SN011H/�3�3 N %'3AOtl93'JVLAO'SDxS91x(10'J LNIOd 3 9LSOL — WtlVd N310 3dOH (� nSnn� �nllddab 1S3M ll 1V1N3a W?Ja3 �Q NrJISHQ FIINONIO?I aNH 1SH3 3N0 3181SS300t/ i `s vcra .LOxroxa (� 88 NON2 { 3 J�../ �/ ZooI— see —Ug UNJNOo SNOLVA3�3 NN wao aavuoo •s as scmnoa ll �Ib'1N3a Wb03 F� R ::c NJISHQ vlmoO IO?I 4NH HiKN 3N0 3�81SS30OH , o W IF 9 [ 03 O Z Z � . EEI IEE - 0 EE FR IRE EEI FR FH FMR FE o� o n �s ® o Q W ® C9 Z N D J � � Z Q] � � O O = Z Z Q F Q W_ °_ L M O � Z n N Project Name: Tree House Honeymoon Suite Project Description This is a new construction Project on a Historic property. While this specific structure is new construction, we have endeavored to utilize design elements and features consistent with the historic character and flavor of the property. We are also responding to modern building code requirements and current marketing issues to enhance the economic viability of this venue. We have designed this structure with a view to utilizing the natural landscape and tree configuration with only minor alterations. TreeHouse Design Narrative • The TreeHouse is a multilevel unit which employs the existing grades and natural openings in the branches above. Dead limbs will be removed as well as Minimal trimming of live branches. • Natural light and orientation to scenic views is a top priority. • There are also tall windows facing the tree trunk itselk to help bring the sense of being a treehouse. • Rental unit is reached via a stairway at the front of the building. • Type R Occupancy on Commercial Property • This unit includes a Bedroom, Kitchen and Bathroom facilities as well as an open loft in the front living area and a "tower feature" adjacent to the park. • The gross useable square footage is 820 S. F. including the "tower ". • Additional sleeping is available with a Sleeper sofa and a bunk bed niche in the Living Room area. • The building design does not actually have to attach to the bole of the oak tree; however there is an opportunity to do so in several places as shown on the floor plan.. • The fenestration in the tower also acts as clerestory windows for the tree houses stairwell below, bringing natural light into this space. • The roof features echo the style and materials of the rest of the property although more natural "woodsy" exterior finishing might add greater interest. • A deck area is provided directly outside of the Living. Cary Kimmel is an Architectural Design Professional Background: U of M School of Architecture Graduate Bachelor of Environmental Design Bachelor of Architecture w/ Thesis Post Grad. Studies in Historic Preservation 27 years of Architectural design experience in residential and commercial Architecture Owner of Illumination Restoration Studio, conserving and restoring late 19 and early 20 Century lighting devices (7 years) Tree Top Builders, Inc. A 1325 Goshen Parkway, Unit 44, West Chester, PA. 19380.484- 885 -9554 jo, . Hope Glen Farms Treehouse Plan Report Dear Paula & Michael Bushilla, I visited your property on April 1", 2014 to assess your tree and discuss potential designs for a treehouse. The tree appeared to be Quercus Macrocarpa (Burr Oak), although in winter with all leaves dropped and only a couple acorns around, I was not 100% positive of the species. The tree appeared strong, vibrant, and suitable to help support the treehouse. Significant ground support will be needed, however, especially now that I am aware that your treehouse plan has expanded to over 800 square feet. The current designs do not specify where tree attachments are suggested, so I am unable at this time to suggest which hardware pieces to use. However, I believe that using this tree for 2 -4 fall size TAB attachment points would not be an overwhelming impact to the tree. An example of this hardware can be found at www.trechousesupplies.com —you would likely need the TAB 6x12 with some type of steel bracket. Once the design specifies where tree attachments will be placed and design loads calculated then I will specify the size and type of tree hardware. I will also provide a quote to install this hardware. You also have the option to use 100% ground support on this project. It is well known that building treehouses does impact trees. However, through our careful approach to designing and building treehouses, we can minimize the total tree impact. Sincerely, G Dan Wright, June 11, 2014 President, Tree Top Builders, Inc. ISA Arborist #PD -2026A HISTORY OF THE TREE HOUSE Posted in: TreehousesiBy: Henry DurhamlMay 19, 2012 Scraping your knees and feeling the wind ruffling your hair as you climb a tree is a timeless childhood tradition. Where there are trees and humans, there has always been Treehouses - a place to sleep, to eat and to dream. Our most distant ancestors were tree - dwellers, living where they were safe from prowling animals, disease and floodwaters. Throughout history, right up to the present day, there are fascinating accounts of the building of homes in the treetops. Many famous people have built treehouses. John Lennon had one overlooking the strawberry fields orphanage and Winston Churchill constructed a treehouse twenty feet up a lime tree at his home in Chartwell near Westerham. Britain is home to one of the oldest treehouses still in existence. At Pitchford Hall, situated on private land near Action Burnell in Shropshire, which was constructed during the 16th century. Queen Victoria visited the tree house in 1832 when she was a young Princess. The most famous European example though, was the restaurant dubbed'Les Robinson; eight miles west of Paris. From 1848 onwards, chic Parisians spent Sundays eating and drinking in the trees. A popular meal was roast chicken and champagne - each course hoisted up by the guest in a basket pulley. In it's heyday there were two hundred tables available and it was a popular venue for hosting family celebrations and weddings. More than 150 years later High Life Treehouses are continuing the tradition in the UK. - See more at: htt p:// www .highlifetreehouses.co.uktall- about - treehouses / #sthash.SXhu33HG. dpuf 3wnS NOON/GNOH - jsnOH — ]]Ni 3 w z 0 w F QN o W � z �m N M [WI- eve -Zlv �urxox NOI1V�3�3 xn 3wa� 3'JVUO]'s ex monoo uvaa 3 ezrot —trove xns 3aax N 1sv3Nlnos g Q liNn �viN3a waa3a Nffi53Q \I1NONl0>1 ° 3N0 3Sn0 - 33211 3 w z 0 w F QN o W � z �m N M ainS NOOMINOH 3SflOH - 33211 LOJI- 899 -L19 LT'INOJ NOISHQ \lINONIOX - IIV130 NOV" T3 1SV3Hinos Nfl 3ML'! 30VllW 'S ON SYCIIroO wlOd'3 9GZ01 - H. N319 UGH s Q 1 1Nn 1VIN38 VINM 3N0 3Sf10H -33111 - I dIN3J W0131 IJOH 3snOH - 11211 o� F p� s� TR w s° I ��l I LOM— BBB —Lls UYiNOa NOISflQ �'INONIO?I M9cf a00 Nry 3�us 3o'>lloo 's au svionoa 1NiOd 3 SLML — NWJ N319 UON IINn - IHIN321 WJ038 3 0 1 -- I E n K 0 o � A W O 00 w> s� Q W CO o = A W W m F n � 1 I q tl J � m - c EEI ® a r 0 J LLJ l �I V o Q I W � II 0� L M � t/1N32J W�J31 l�JOH Loop— sss —zts iovINOO INN 'anoao aovuoo 's as srlonoa N011'df�3�3 1NIOd '3 9LZOl — WaVd N310 3dON ti� —sz —s iS(lOH - 11c�l 1Sd3H1f10S l lNfl �d1N32J W2I4� Q Nso � VSVQSJ3foNd NOISHQt1INONIO?I 3N0 3SflOH —�32l 1 z �r „ P A r 56 • or 1%6 s 4,0 Countries around the World with Treehouse Hotels 1. Australia 2. Belize 3. Brazil 4. Canada 5. Chile 6. China 7. Costa Rica 8. France 9. Germany 10. India 11. Italy 12. Jamaica 13. Kenya 14. Mexico 15. The Netherlands 16. New Zealand 17. Peru 18. South Africa 19. Spain 20. Sweden 21. Tanzania 22. Thailand 23. Turkey 24. United Kingdom 25. United States of America 26. Zambia States in the US with Treehouse Hotels 1. Alaska 2. Arkansas 3. California 4. Georgia S. Missouri 6. New Hampshire 7. Oregon 8. Pennsylvania 9. Minnesota (Wadena, MN) 10. North Carolina 11. South Carolina 12. Washington 13. Wyoming RESOLUTION NO. 2012 -120 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: Parcel 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 °46'00 "W, bearing assumed, along the southwest line of said Outlot C, a distance of 163.21 feet; thence N41 0 14'00 "E a distance of 249.00 feet; thence N48 °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 °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 "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 0 14'00 "E a distance of 249.00 feet; thence N48 1 46'00 "W a distance of 150.00 Resolution No. 2012 -120 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 °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 °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 °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 -120 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 -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 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 -120 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: 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. Access to the pavilion shall be ADA compliant. Passed this 17th day of October 2012. e, / , Attest: Caron Stransky, City Clerk RESOLUTION NO. 2012 -121 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: Parcel 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 0 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. TOOT 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 °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 °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 -121 Page 2 of 5 feet; thence N04 °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 1 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 1 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 -121 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: 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 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 -121 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 -121 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. Attest: L* 2& L Caron M. Stransky, City Clerk RESOLUTION NO. 01 -085 A RESOLUTION APPROVING A CONDITIONAL USE PERMIT FOR LIMITED COMMERCIAL VENTURES CONDUCTED AT AN HISTORIC PROPERTY LOCATED AT 10276 POINT DOUGLAS ROAD SOUTH WHEREAS, Paula and Michael Bushilla have made application for a conditional use permit for limited commercial ventures conducted at an historic property. The property is legally described as: Lot, Block 1, and Outlot C, all in Eagle Ridge, Cottage Grove, Washington County, State of Minnesota. Commonly known as 10276 Point Douglas Road, Cottage Grove, Washington County, State of Minnesota. 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 May 21, 2001; and WHEREAS, a planning staff report, which detailed specific information on the property and the application request, was prepared and presented; and WHEREAS, testimony from the applicant was received and entered into the public record; and WHEREAS, a resident expressed some concern over the potential traffic impacts to the existing neighborhood, and WHEREAS, the Planning Commission felt the conditions adequately addressed that concern, and WHEREAS, the Planning Commission unanimously approved the conditional use permit application. NOW, THEREFORE BE IT RESOLVED, the City Council of the City of Cottage Grove, Washington County, Minnesota, hereby approves the conditional use permit for limited com- mercial ventures conducted at an historic, property, located on the property legally described above (commonly known as 10276 Point Douglas Road South)., The conditional use permit is Resolution No. 01 -085 Page 2 specifically for the following uses: two accessory apartments; one located within the principal structure and one located in the most northeastern accessory structure, office and /or artists studio space, or similar uses as determined by the City, within the barn subject to the following conditions; 1. The limited commercial ventures conditional use permit shall be reviewed by the City one year after a certificate of occupancy has been issued for the proposed office and /or art studios in the renovated barn. 2. All applicable permits (i.e. building, electrical, etc.) shall be applied for and issued by the City prior to any work or construction taking place. Detailed construction plans shall be reviewed and approved by the Building Official and Fire Marshall. 3. Storage of personal property not owned by the landowner or tenants is prohibited on the premises. 4. The Historic Preservation Commission issues the necessary certificates of appropri- ateness documents prior to the release of any building permit. 5. A septic system design report completed by a licensed individual sanitary treatment system designer shall be submitted to the City priorto issuance of a building permit for the accessory apartment and conversion of the existing barn for office and studio uses. A septic system designed report completed by a licensed individual sanitary treatment system designer shall be submitted to the City prior to issuance of a building permit for the accessory apartment and conversion of the existing barn for office and studio uses. 6. Demonstrated parking shall be permitted on the until such time as it becomes evident that additional parking should be installed. Additional parking shall be installed upon notification by City staff. 7. Motor vehicles shall be prohibited from parking on and along Point Douglas Road. 8. The number of public events is limited to two per calendar year. 9. The distinguishing historical qualities and character of the principal structure and its surrounding environment shall not be destroyed. Passed this 20th day of June, 2001. J Sandra Shiely, Mayor Attest: Caron M. Stransky, City Clerk