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HomeMy WebLinkAboutCCMin_82May26_Public_Hearingi MINUTES PUBLIC HEARING AMERICAN SHELTER REQUEST FOR VARIANCE BERNWOOD ADDITION N0. 2 & 3 MAY 26, 1982 Mayor Warkentien, Councilmembers Eggert, Larson, Ciernia and Chestovich. Also present were Clerk Administrator Barnes, Engineer Lemberg and Attorney Swanson. None. Mayor Warkentien opened the Public Hearing at 8:00 P.M. on American Shelter's request for approval of a preliminary plat and variance request for the Bernwood Additions Nos. 1 thru 5. Legal publication of the public hearing was published in the Sun Newspapers on Wednesday, May 12, 1982. Harold Westin, Harold Westin and Associates, presented Bernwood Additions No. 2 and 3, which is now a combination of the previott~ additions of Bernwood Additions Nos. 1 thru 5. This is the same number of lots (64), just a difference in the numbering of the additions. This plan has been approved unanimously by the Planning Commission at their May 3, 1982 meeting. The variances proposed for these Additions are proposed under City Ordinance 64, Article 16.4 and Ordinance 60, Article 7.2. There is a change in the size of the buffer zone due to a discrepancy in two land surveys covering two pieces of land. Therefore, instead of a 50 foot buffer zone, it contains 42.52 feet. The plat now conforms to the existing stakes and existing lots which was somewhat different from the official land surveys since they feel the stakes put there 20 years ago have more credibility than the legal survey, which was a variance from those stakes. The variances approved by the Planning Commission involve changes in the lot sizes from a width at the setback line of 75 feet to widths varying from 50 feet to 64.9 feet and the cul-de-sac lots, which are on a curving circle, will have varying widths to accommodate the special geometry. The setbacks on the lots are per code except that zero lot lines will be used. The City Planner agrees with the use of zero lot lines in developing this area. The back lot setbacks will be 20 feet instead of 30 feet in all cases, which will accommodate the depths between the lots from front to back. The average density per acre is 5.6 dwelling units per acre, which under the code for single family housing is 4.36 dwelling units. By comparison, on Tatum Street, 5.73 dwelling units per acre presently exists. He then makes reference to storm water and a request from the City Engineer that the lots drain approximately from the midpoint on a north/south line. They will drain both from the east toward Tatum and toward Prior to keep the elevations of the area so that the sanitary sewer lines will drain properly because of the shallow depths in some areas. The last variance requested that the cul-de-sacs use 52 foot right-of-ways instead of 60 feet. Mr. Westin points out that the utilities are sufficient according to a report submitted by the City Engineer°s Office. As far as the traffic is concerned, the traffic can be carried on Prior to Larpenteur but the . PRESENT ABSENT HAROLD WESTIN [1 MINUTES PUBLIC IiT/.ARING MAY 26, 1982 PAGE 2 developer recommends that Prior Aven~ie not continue to the Falcon Woods area but use the street for emergency access only. ~uhen traffic is totally contained on the site, there will be a total of 880 traffic movements in and out morning and evening. Councilmember Eggert asks several questions of I~,'[r. Westin concerning (1) could the layout be structured so that identical houses v~rould not be next to each other- itigr. Westin had no objection to this being a requirement for approval of the variance; (2) will the structures have garages--Mr. Westin had no objection to this being a prerequisite for the granting of the variance; and (3) could minimum square footage or minimum selling prices be required- dir. Westin stated that he felt a minimum square footage of 1,100 would not be out-of'-line. s~~ COUNCILMEMBER' EGGERT~HAROLD lh'ESTIN Larry Stowe, 1951 Autumn, reviewed the proposals and processes that LANRY STOWE took place over the past six months. Ne pointed out that repeated 19511 AUTUMIJ requests from the 1~'alcon Woods Task l"'orce were stated at many meetings for criteria to be developed for the entire area regarding flow of traffic, open space, recreation, landscaping and other things. The Task Force responded to a request for establishment of criteria and he feels they were largely brushed aside and overlooked by actions of the Planning Commission. This variance request is really defacto rezoning of the entire area from R-1 minimum lot sizes of 10,000 square feet down to 5,000 square feet. This is rezoning by subterfuge. This is a highly questionable maneuver when the zoning regulations call for a demonstration of variances for individual lots, not mass lots, based upon a demonstration of hardship or uniquenes. He feels there is no hardship or uniqueness being demonstrated by the developer. He is frustrated by the process that has taken place over the Aast six months whereby their concerns Y~ave been largely disr<;~arded and these actions will not be forgotten in the future. He objects to the granting of the variance because it is defacto rezoning. It is a too tightly packed community--one at least from the standpoint of the platting lacks an approach. It is an arbitrary distribution of housing--an army barrack style of housing. There will be a high turnover o'' housing of this type, and lack of upkeep and maintenance of the residential ammentities. Therefore, he urges that the Council consider as a minimum 10,000 square foot lots in accordance with the present building requirements along the east side of the project under consideration to at least be consistent with the 10, 000 square feet repaired a7 on~.T the north side of falcon '~'Joods. He supports the concert o.f minimum micas for the structures to assure a. degree of quality in the final product and garages would be essential. He also supports closing off Prior Avenue to the north permanently and urgently requests that no construction of Prior Avenue going into Falcon Roods be contemplated at the present time because they anticipate considerable construction traffic in the area. This could be handled by Prior Avenue from Larr~enteur .4venuF~ not from .'alter l4'oods. The Cleveland Avenue extension should be a~r'erequisite for approval of the plat. He raises a Question regarding the outlet and wonders v~rhat will be developed there but in lookin at the track record, he anticipates high density housing, apartment units, which will. ultimately result in the establishment of a population density of the area well in excess of what is presently under consideration. I-'e requests that the City Council insist that some of the rernainin~ 8.7 acres be designated as open space and recreational land. In summary, the Task Force ra,nains oppos d to the present plan largely on the grounds that have been emphasized at previous MINUTES PUBLIC HEARING MAY 26, 1982 PAGE 3 meetings and urges that this request be turned down. ~9. Gus Hard, 1937 Autumn, raised the question of what is American Shelter GUS HARD trying to sell? People have called 488-5797 and the phone has been 1937 AUTUMN answered American Shelter Corporation and when interest is expressed in their townhouses, they have been told that by the end of June, the details and changes necessary will be in place so that American Shelter can move ahead with townhouses. He also objects to the advertising sign placed on the Prior Avenue extension stating that townhouses and condos will be built there. He feels this is erroneous advertising not only physically but also during the telephone conversations. This is highly irritating and exemplary of the kind of wishy-washy organization that American Shelter has been displaying. He makes reference to the Ordinance that the maximum variance that the Council can grant is 33-1/3 or it cannot exceed 66-2/3rds percent, which means that the existing property is zoned at 10,000 square feet, the lots, if a variance is requested, must exceed 6,666 square feet per lot. He feels it would be appropriate for the meeting to recess and adjourn to take time to read the ordinance and the limitations that the Council has in their power to grant in terms of a variance. He also points out that he does not feel American Shelter has displayed any hardship when requesting these variances. He wants a guarantee that Autumn will not be designated a thoroughfare without any further increase in the traffic patte m or flow. If a variance is granted, he wants assurance that Prior Avenue will not be activated and that Cleveland Avenue access be assured. He also wants a definition of the drainage--which way will the water flow and that no water would go into Summer Street or Autumn Street. He questions the Ordinance concerning lot sizes to the contiguous or related district and the variation that might take place would be excessive in cutting back nearly 50 percent of the lot size from 10,000 to 5,000 square feet. This is excessive as it relates to the compatibility of the rest of the district. Attorney Swanson advised that Section 7.2 of the Platting Ordinance ATTORNEY (Ordinance 69) authorizes the platting as proposed in Additions Nos. SWANSON 2 and 3 as it pertains to large scale neighborhood development, which exists in this case. It permits the Council to vary the regulations to accommodate such development and that provision would supersede the regulations for lot size of the Zoning Ordinance (Ordinance 64). Mark Ascerno, 1871 Tatum, asks a question regarding the reduction in the area between Tatum Street and the new development on the west side and in view of the 16 percent reduction in the land area and since this is an area denoted as drainage and percolation will it affect the ability of this area to hold the water from the minimum 100 year storm or the probability of two 100 year storms in succession. Discussion ensued regarding the fact that the area would have under- ground piping instead of percolation and Engineer Lemberg advised that a hydrologist is working on drainage and percolation basins and a complete storm sewer system. This has not yet been completed and these details will have to be worked out after the plat is approved. MARK ASCERNO 1871 TATUM MINUTES PUBLIC HEARING MAY 26, 1982 PAGE 4 Tom Goodman, Attorney for American Shelter Corporation, stated that the plat changed slightly because of the overlapping legal descriptions but the real estate is going to remain exactly where it is. No one is going to change the plans for drainage except that the drainage easements have been moved. The drainage is still adequate and the only thing that was changed was the boundary lines of the plat and not the boundary lines of the property. He points out that the legal descriptions are acreage descriptions and they are notorious for being inaccurate. This results in overlaps and gaps so the idea of changing the boundary line of the plat was simply that there would be no question by the Council as to these overlaps and gaps when the final plat is filed. 1 Il- A discussion ensued regarding the area for drainage and Mr. Westin advised that the hydrologist requires seven acre feet of storage for storm water on the site of which 4.5 acre feet will be in the area called recreation and water retention (north of Hewlett-Packard) and the change of Bevel feet in the boundary area will have no affect whatsoever on the retention area. The water draining onto Prior will be collected in catch basins and taken by a pipe down into the storage area to the south and if a sewer goes in, it can be hooked to it. The water that flows along the east will go into a Swale into the storage area (between Tatum and the project), which is just the surface water. These swales will be systematized and will be brought down into slots on the east side of the property and another slot on the west side of the property. Carolyn Gay, 1930 Summer, asks question regarding the Swale and a discussion ensued regarding the construction of the storm sewer drainage. Was underground pipe going to be used or not? Brad Lemberg advised that a complication was discovered since the Planning Commission meeting where- by the sloping at the cul-de-sacs would have to be changed because there was not sufficient depth. Therefore, the grade of the cul-de-sacs would be raised so that drainage could go both ways, rather than the total drainage going into the drainage Swale. The underground drain will now be located on Prior, which will carry the majority of the water. Walter Northrop, 1942 Summer, would like to hear more from the developer about his commitment to in fact produce this specific plan of construction and would also like to hear something about the order of planned construction for the area--what areas will the construction commence in. He would like confirmation that the Prior Avenue road would be a temporary and emergency nature. He also feels there is a misuse of the Ordinance because there have been no hardships demonstrated. The Ordinance should not be used to serve the convenience of the variance applicant but should demonstrate hardship. Jim Colten, 1760 Tatum, questioned whether it would be practical to convey the water to Prior underground. Engineer Lemberg stated that it could be done but whether it would be practical or not is part of the study that is being done by the hydrologist. ~o TOM GOODMAN, ATTORNEY, AMERICAN SHELTER CORPORATION HAROLD WESTIN CAROLYN GAY 1930 SUMMER WALTER NORTHROP 1942 SUMMER JIM COLTEN 1760 TATUM Maxine Harkness, 1879 Tatum, asks what is the amount of space between MAXINE the dwellings as she had been advised that it is 12 feet. She was informed HARKNESS, that the present Ordinance requires five feet from the property line 1879 TATUM for a one story and 7-1/2 feet for a two story. "71 MINUTES PUBLIC HEARING MAY 26, 1982 PAGE 5 Gus Hard again asks if townhouses are being built or single family GUS HARD residences. He requests that a Resolution be passed by the City Council asking American Shelter to remove their false advertising sign from Larpenteur Avenue. Mayor Warkentien advised that single family houses are being built and townhouses were voted down with the PUD. Karen Northrop, 1942 Summer, questions if there is going to be any park KAREN NORTHROP, land dedication requested. Mayor Warkentien advised that the Planning 1942 SUMMER Commission is presently considering working on restructuring the zoning ordinances and building ordinances but it will take too long so we have asked the City Attorney to draft an Ordinance for the next Council meeting to discuss the item. There is still acreage to be developed which would be used for park dedication. Mrs. Northrop feels that the land is a very valuable item and there should be some set aside for park dedication. Frank Irving, 1745 Tatum, feels that the traffic situation on Larpenteur FRANK IRVING, creates many problems because of the left turn situations. He feels that 1745 TATUM traffic will have to be considered in the development; for example, prohibition of left turns, semiphores, or other means. Other considerations are the traffic either by foot or on bicycle by the University of Minnesota people and this will have to be considered in the development of this property. The University is also considering the traffic situation. Councilmember Eggert stated that he is concerned about the political pressure that might be applied by the people who live in the new development COUNCILMEMBER to have Prior left open. This should be addressed more fully in some EGGERT way as a part of this variance now. He wonders about the emergency access for fire trucks, etc. and Councilmember Larson advised that she has spoken with the Fire Chief about the break-away chain and as far as he was concerned there is no break-away chain that is efficient that would not do damage to the fire truck. Also, if it breaks that easily, there will be kids who will run their old cars through it and that has to be considered. Therefore, she feels it is not feasible. Mayor Warkentien felt there should be a chain link fence across the road with a gate that is locked. Council- member Eggert feels that the utilities should be brought thru that location and make the land on either side a playground, something that is clear, defined and permanent. Then the questions would not be a future concern for future residents. Otherwise, another suggestion would be to let the developer put a house on the property. Mayor Warkentien advised that Engineer Lemberg has stated that a house could not be build on the property because of the utilities located there. Councilmember Ciernia feels that there should be a pedestrian access and that Prior Avenue could be made into a park with pedestrian walkway. Lemberg again expressed his concern about the utilities. They need approximately a 20-22 foot easement for the utilities. Councilmember Eggert stated that the 40 feet left over could be added to the adjacent lots, 20 feet to each. Mr. Westin stated he would like to study lot sizes but is in accord with the discussion and they have no reason to have the road located there so he is in agreement. MINUTF~S PUBLIC NEARING MA.Y 26, 1982 PAGE 6 t~ Janet Brown, 1887 Simpson, wondered why the University had changed its mind JANET BROWN to let the road cross its property when a few years ago they would not let 1887 SIMPSON the park Commission construct a picnic shelter on the property. Attorney Swanson wanted to know how the other outlots were going to be used. NIr. . Westin answered that it is ~>oing to be a buffer between the development and Tatum Street; a planting area and an oven area that will be made available for activities. The homeowner's association will make the rules with respect to the common land and they will control the use and maintenance. It will also be used for a small. amount of drainage. Attorney Swanson asks Engineer Lemberg if an easement is necessary f'or that drainage and he answered that it should be made Hart of the rules established f'or the homeowner's association that it remain a drainage area. At this time, he feels it is not necessary to indicate it on the plat but it may be necessary at a later time when the final storm sewer drainage plan is completed and designed. Councilmember Chestovich asks Attorney Swanson for a clarification as to what COUNCILMEMBER is meant by spot zoning. He answers tYiat the situation arises usually when CHESTOVICH~ denial or taking of property rights results. V411en a single piece of land is ATTORNEY rezoned to a different use or not rezoned to a different use in each case, it SWANSON is incompatible with the surrounding zoning, If the use does not change, a spot zoning situation is not created. Councilmember Chestovich also asks for clarification of Section la..l~ of the Ordinance. Attorney Swanson said that the section applies to lots in existence at the time that Ordinance 61~ was adopted and the 66-2~3rds percent has to do with property that does not conform with that extent to the density. It does not apply to the proposal before the Council. Plats 2 and 3 are presented to the Council under Section 7.2 of the Platting Ordinance in which the Council can .find that the proposal is for a large scale neighborhood development and under those circumstances can modify regulations of the Flatting Ordinance. Those regulations pertain to lot size, frontage, street width, cul-de-sac width and so :forth. Changes can be granted under that section for those items. The variances that are requested by the developer were recommended by the Planning Commission and the Council can approve under both the Platting Ordinance and Zoning Ordinance to grant the variances. As far as the standards for granting variances are concerned, if they were applied literally, the variance could not be granted under any circumstances. So, therefore, there is some judgment that has to be left to the City Council and they have the authority to grant the variances that have been asked for. Janet Brown, 1887 Simpson, asked why it is necessary to have a homeowner's JANET BROWN association. She was advised that it is not a law but that the method 1887 SIMPSON chosen by the developer. Carolyn Gay asked whether American Shelter had the financing to proceed with CAROLYN GAY the development of the project and :'qtr. V:~estin advised that the developer had a take-out financing commitment and once the plat has been approved, it will have to be developed in that fashion. :Vlrs. Gay asked where construction would begin and Mr. ~"Jestin stated that it depends on the markets and if requests are received for large single family homes, they will be constructed at the north end of the development. If the market comes in for the homes, which will be built in Bernwood 2 and 3, then they would start construction at the Larpenteur end. Construction is dependent upon the kind of market and sales, which will be completed over a period of time. Mayor PJarkentien closed the Public Hearing at 10:0> P.i~?. NEARING CLOSED ~~?IhUT'S PUBLIC HEARING MAY 26, 1982 WAGE 7 Councilmember Larson moved, seconded by l~4ayor b'~arker~ten, to adopt Resolut- ion 82.20 approving the preliminary and final plat and granting variances 140TION TO as requested by American Shelter CorF~uration as shown on their preliminary APPROVE and final plan, variances being permitted under the. provisions of Section PRELIMINARY AND 16.l~ of Ordinance. No. 6!~ (the Zoning Ordinance) and in con~unetion there- FIIvTAL PLAT with, also approve those variances ir: accordinace with the provisions of Section 7.2 of Article VII of Ordinance No . 69 (trre subdivisions and Plat- ting Ordinance) with the option kept omen for storm sewers to be able to be laid in the swale of the easterrunost portion of this plat. The conditions as previously stated by the City's consultants are also included. Councilmember Eggert makes an amendment to the motion, seconded by Pdayor Warkentien, regarding the houses that the developer proposes to nut in Bernwood Additions I~los. 2 and 3, tY:at there bn a minimum square AMENDMENT TO footage of 1,1.00 square feet per house and that garages be included !t40TI0N BY with each house. No two identical h.»r:~es will he p1_aced adjacent to COUNCILMEMBFR each other. The devel.oner is in agreement with these conditions. EGGERT~MAYOR Approved unanimously. 14~ARKENTIEN Councilmenrber Ciernia questions the quality and style of the homes. Mr. Vdestin answers that the best solar energy devices will be used in the construction of the home. It will consist of a .floor system which is COUNCILMEMBF.R the most efficient use of the energy in the sol<~r collector. There CIERNIA~HAROLD will. he sun balconys and green}~iouses which will also collect sol^r WESTIN energy. This will come as close as possible to being totally energy efficient as can be done in this northern latitude. The ho~ises will either be two bedrooms with den or ttrree bedrooms with den. Councilmember Ciernia comments on the variances: (1) is the request reasonable, (2) is there something; that can be gained by the community and the city, and (3) are the neighbors protected. He points out that in the COUNCILMEMBER comprehensive plan 6,000 to 8,000 square feet would be appropriate and CIERNIA contrary to what was mentioned previously, there are no 5,000 square footage lots but for the entire development the average lot size is 6,7$5, which is comparable to a good portion of the current existing housing stock. There- fore, the question of reasonableness i.s met. As far as something in return for the community, he feels that the ruality of homes planned are creative and have good solar ammentities.~ Falcon Heights is also getting planned landscaping; planned use of the property that is certainly superior to individual homes going in one at a time, homeowners association which is an advantage because they have to agree with certain criteria which allows a uniform set of living conditions; and improvement in the drainage problem. He also feels there is no negative i_mnact on the neighborhood. Councilmember Eggert makes a second arrendrnent to the motion, seconded by Councilmember Larson, relating to Outlot A that (1) the city be granted A;UIE'NDA~NT TO an easement to Outlot A relating to the possibility of keeping the MOTION BY storm sewer running on Outlot A, size of the easement to be determined by the COUNCIL- City Engineer, and (2) as a precondition for the issuance of building permits MEMBERS that the covenants and agreements of the homeowner's association be submitted EGGERT~ to the City Council for review and apg~roval as it relates to t he use of CARSON Outlot A. American Shelter will r~renare the covenants of the homeowner's association. Approved unanimously. MINUTES PUBLIC HEARING MAY 26, 1982 PAGE 8 Councilmember Chestovich comments that the Planning Commission asked for guidelines and criteria to be developed by the Neighborhood Task Force and then, in effect, disregarded them. She feels that the area should be developed under the PUD concept and just because one PUD was rejected, the PUD concept was not rejected. She also feels that the City should not be doing business with someone who has a law suit against the City. Variances should be given based on demonstrated need and not as part of an overall new development or at the convenience of the developer. Councilmember Eggert also agrees with Councilmember Chestovich that the developer has not given any demonstration of hardship and is concerned about the lack of park land dedication and the fact that the Council is proceeding without park land dedication or money in lieu of park land dedication. Abetter approach would have been a better PUD because the City would have retained better control. Upon a vote for the motion, as amended, to adopt Resolution 82-20 approving the preliminary and final plats for Bernwood Additions Nos. 2 and 3 together with variances, the following voted "yes": Mayor Warkentien, Councilmembers Larson and Ciernia, and the following voted "no": Councilmembers Eggert and Chestovich. Motion carried. RESOLUTION 82-20 1 i A RESOLUTION APPROVING PLATS OF BERNWOOD ADDITIONS 2 AND 3 AND GRANTING VARIANCES IN CONNECTION THEREWITH Mayor Warkentien moved, seconded by Councilmember Larson, that the engineer be directed to add the sewer, water and street design to the present plans so that they can all come under one project, which there- by saves money by having a larger project. Mayor Warkentien amends the motion to exclude the development of the north end of Prior as a regular street and will continue to use it as sewer, water and utilities, as needed. Councilmember Larson seconds the amendment. Motion carried unanimously. Councilmember Eggert moved, seconded by Councilmember Chestovich, that American Shelter Corporation be directed to put forth a proposal for adjusting the existing lot. sizes in Bernwood Addition No. 1 to accomodate the 35 foot strip of the present 60 feet--the present Prior Avenue--minus the easement for utilities (25 feet) or other proposals that would address the concern of permanent use of the, property. Motion carried unanimously. I COUNCILMEMBERS CHESTOVICH/ EGGERT VOTE ON MOTION RESOLUTION 82-20 MOTION TO ADD UTILITIES TO PRESENT PLAN MOTION TO ADJUST LOT SIZES IN BERNWOOD ADDITION ~~1 Willis C. A. Warkentien, Mayor Attest: Dewan B. Barnes, Clerk Administrator