HomeMy WebLinkAboutCCAgen_06Aug23CITY OF FALCON HEIGHTS
Regular Meeting of the City Council
City Hall
2077 West Larpenteur Avenue
AGENDA
August 23, 2006
A. CALL TO ORDER: 7:00 PM
B. ROLL CALL: GEHRZ ____ KUETTEL ____ HARRIS ____
LINDSTROM ____ TALBOT _____
MILLER _____ KREUSER_____
C. PRESENTATION:
D. APPROVAL OF MINUTES: August 9, 2006 TAB 1
E. PUBLIC HEARINGS:
F. CONSENT AGENDA:
1. General disbursements through 8/16/06: $130,335.68
Payroll through 8/15/06: $16,494.13 TAB 2
2. Approval of licenses TAB 3
3. Amend the budgeted transfers from the Reserved for Debt Payment in
the Infrastructure Fund to the 1999 NE Quadrant Street Improvement
Bonds TAB 4
G. POLICY AGENDA:
1. Resolution 06-20 approving setback variance for 1564 Burton Street TAB 5
H. COMMUNITY FORUM:
I. INFORMATION/ANNOUNCEMENTS:
J. ADJOURN
Note: The Council will adjourn the regular meeting and immediately convene to a workshop
session to discuss the General Fund budget. The workshop is also open to the public.
Regular Meeting of the City Council
August 9, 2006
City Hall
Members present: Council members Harris, Lindstrom, and Talbot, Administrator Miller, and
Assistant City Administrator/Deputy Clerk Kreuser. Members absent: Mayor Gehrz, Council
member Kuettel.
Council member Lindstrom, acting as mayor, called the meeting to order at 7:00 p.m.
The minutes of the July 26 regular council meeting were approved as submitted.
Consent Agenda:
The following three items were moved for approval by Council member Talbot. The motion passed
unanimously.
1. General disbursements through 8/3/06: $108,741.58
Payroll through 7/31/06: $17,529.82
4. Approval of licenses
5. Approval of election judges for September 12 primary and November 7 election
Policy Agenda:
1. Review of Draft of Falcon Heights City Code Recodification (Part III)
Administrator Miller stated the council had chapters 34, 38, 42, 46, 50, 54, 101, 105, and 109 to
proofread for the recodification project. He asked the council for their changes to the draft code.
The council went through the code, page-by-page, and made their changes.
Information/Announcements:
Council member Harris reported she had attended some National Night Out parties that were held
throughout the City on August 1. She stated they were a good time, with good food, and she and
Council member Lindstrom thanked the fire department for the fire extinguisher demo they held at
each party.
Council member Talbot asked residents to call 911 if they see any unusual activity. He reported
that SAPD had apprehended a suspect in reports of “peeping,” and encouraged residents to close
and lock windows and keep garages closed.
Administrator Miller stated he attended the U of M Equine Center groundbreaking ceremony. In
addition, he reminded residents that applications for the Comp Plan Steering Committee are
accepted until August 25.
Assistant City Administrator/Deputy Clerk Kreuser reported that absentee voting will begin August
11 for the primary, and that the AutoMARK ballot-marking machine is available for demonstration
at City Hall.
The meeting was adjourned at 7:45 p.m.
Respectfully submitted,
Stacey Kreuser
Assistant City Administrator/Deputy Clerk
CONSENT F1
8/23/06
ITEM: Disbursements and Payroll
SUBMITTED BY: Roland O. Olson, Finance Director
REVIEWED BY: Justin Miller, City Administrator
EXPLANATION:
Summary:
1. General Disbursements through 8/16/06: $130,335.68
2. Payroll through 8/15/06: $16,494.13
ACTION REQUESTED:
• Approval
CONSENT F2
8/23/06
ITEM: Approval of Licenses
SUBMITTED BY: Stacey Kreuser, Assistant City Administrator/Deputy Clerk
Explanation:
The following company has applied for a mechanical contractor’s license. City staff has received
the necessary documents for licensure:
• Air Conditioning Associates Inc.
CONSENT F3
8/23/06
ITEM: Amend the budgeted transfers from the Reserved for Debt Payment
in the Infrastructure Fund to the 1999 NE Quadrant Street
Improvement Bonds
SUBMITTED BY: Roland O. Olson, Finance Director
REVIEWED BY: Justin Miller, City Administrator
Mattew Mayer, CPA, Kern, DeWenter, Viere
EXPLANATION:
The original 2006 budgeted transfer from the Infrastructure Fund (419) to help fund the debt service
payments and interest on the 1999 NE Quadrant Street Improvement Bonds (317) was 100,000.
After reviewing the existing fund balance, the amount of 40,000 only needed to be transferred. It is
important to keep the fund balance in the debt service fund at a level less than 1/12th of the yearly
principal and interest payments to avoid paying an arbitrage penalty to the IRS.
Staff recommends amending the 2006 scheduled transfer from the Infrastructure Fund (419) to the
1999 NE Quadrant Street Improvement Bonds (317) to be 40,000 instead of 100,000.
ACTION REQUESTED:
Amend the 2006 budgeted transfer from the Infrastructure Fund to be 40,000 instead of the original
budgeted amount of 100,000.
POLICY G1
8/23/06
ITEM: Resolution 06-20 approving setback variance for 1564 Burton Street
SUBMITTED BY: Deborah Jones, Zoning and Planning Director
REVIEWED BY: Justin Miller, City Administrator
Roger Knutson, City Attorney
EXPLANATION:
1564 Burton Street (PIN# 202923120079) is located at the south end of the narrow block between
Coffman and Burton, Folwell and Hoyt in the University Grove neighborhood. There is no alley.
The property at 1564 Burton is one of only three residential lots in the city with three street
frontages, in this case, front, south side and rear. The dwelling, a modern frame house originally
designed by Ralph Rapson, is set at an angle on the lot, with a tuck-under garage facing Burton. At
some time in the past the original lot was significantly reduced in area to allow the extension of
Coffman Street from Folwell to Hoyt. The principle structure encroaches into setback on both the
Burton (west/front) and Coffman (east/rear) sides. The owner is presently building an addition onto
the north side of the house where there is a limited amount of buildable space.
The applicant wishes to build an enclosed three-season porch, 14 feet wide and 10 feet deep, on the
front of the house cantilevered over an existing patio adjacent to the lower-level front entry. The
proposed porch would encroach an additional 5.5 feet into the required front yard beyond the
existing encroachment of 8 feet at the southwest corner of the house. It should be noted that the
area of the encroachment is already occupied by the patio, a significant architectural feature. The
owner believes that the porch was part of the original design of the house, although it was never
built. The existence of a sliding glass door opening from the living room on the upper level directly
over the patio appears to support this claim.
The applicant cites the following reasons for the variance application:
• The three street frontages and angled location of the house preclude almost every option for
building a conforming addition onto the house.
• The proposed porch, sited over the existing patio, would not appreciably extend the effective
footprint or impervious land area of the house.
• The porch was part of the original Ralph Rapson design for the home and will fit in esthetically
with the property and the neighborhood.
• The upper level sliding door presents a significant safety hazard for the family.
The Planning Commission recommends approval for the following reasons:
• This property is exceptional (and almost unique) in having three street frontages and an angled
principal structure.
• The proposed variance would maintain and enhance the quality, value, safety and architectural
integrity of the home. The original plans provided for a similar porch.
• The effective encroachment would be minimal because the proposed addition is sited over the
existing patio entry with high retaining walls on two sides.
Action Requested:
Approval of resolution 2006-20
Attachments:
• Variance application with attached letter
• Site Plan
• Concept drawing
• Photographs of existing entry
• Aerial photograph (2003)
• Letter to adjacent property owners with legal notice
• Letter of comment from neighbor
Setback Variance Application: 1564 Burton
July, 2006
Site Plan Sketch
City of Falcon Heights
7/14/06
1564 Burton
DISCLAIMER: This map is neither a legally recorded map nor a survey and is not intended to be used as one. This map is a compilation of records, information and
data located in various city, county, state and federal offices and other sources regarding the area shown, and is to be used for reference purposes only.
SOURCES: Ramsey County (May 4, 2006), The Lawrence Group;May 4, 2006 for County parcel and property records data; May 2006 for commercial and residential
July 10, 2006
Dear Property Owner:
The owner of 1564 Burton St., Falcon Heights, has requested a variance from city code in order to
erect a porch addition to the front of the home, cantilevered over an existing patio. The city zoning
code requires a thirty-foot front yard setback from the property line. The existing house encroaches
into this required setback by approximately 8 feet at the closest corner. The proposed porch would
extend approximately five additional feet into the required front setback. A copy of the site plan is
enclosed.
A public hearing on the variance will be held before the Falcon Heights Planning Commission at
the following place and time:
Tuesday, July 25, 2006
7:00 p.m.
City Hall Council Chambers
The legal notice of the hearing is enclosed.
Please call 651/792-7613 if you require further information. If you are unable to attend the hearing,
you may also send written comments to me by mail at City Hall or electronically to
djones@ci.falcon-heights.mn.us.
Sincerely,
Deborah Jones
Zoning and Planning Director
From: Helen B. Foster [helen.foster@comcast.net]
Sent: Friday, July 14, 2006 3:31 PM
To: Deb Jones
Subject: addition to 1564 Burton Str.
Dear Deb,
When my husband, Fred Cooper, and I wanted to add onto our home just
down the street from 1564 Burton, you were a great help in getting us
through all the legal hurdles. Our home is 2190 Folwell Ave., also in
University Grove, and at the opposite end of the four-house block
with 1564 Burton at the other end. As you know, our particular block
does not conform to property patterns in the rest of the Grove. The
addition of a proposed, cantilevered porch at 1564 Burton in no way
would interfere with anyone else's property as it faces right onto
the street and does not protrude onto the sidewalk. As a matter of
fact, the plan to have it overhang the existing patio seems a
creative addition quite in line with the modern architectural wonders
in that area. My husband and I strongly support that a variance be
given to the owners for this addition.
Sincerely,
Helen B, Foster
2190 Folwell Ave
Falcon Heights, MN 55108
CITY OF FALCON HEIGHTS
RESOLUTION 2006-20 RECOMMENDING THE APPROVAL OF A VARIANCE
REQUEST FOR FOURTEEN FOOT SETBACK TO ALLOW CONSTRUCTION
OF A PORCH AT 1564 BURTON STREET
WHEREAS the Planning Commission conducted a public hearing on July 25th
regarding the request of Todd Hegg for a variance from of the Falcon Heights Zoning
Ordinance; and
WHEREAS, the Planning Commission approved a variance for 1564 Burton
Street;
NOW THEREFORE, BE IT RESOLVED, based on the attached Findings of
Fact and Recommendation, the City Council approves the request of Todd Hegg for a
variance to allow the following: a fourteen foot setback variance to allow
construction of a porch in accordance with plans on file with the City Clerk.
ADOPTED this 23rd day of August, 2006, by the City Council of the City of
Falcon Heights, Minnesota.
CITY OF FALCON HEIGHTS
BY: ________________________________
S u s a n L . G e h r z , M a y o r
AND: _______________________________
J u s t i n M i l l e r , C i t y A d m i n i s t r a t o r
STATE OF MINNESOTA )
( s s .
COUNTY OF RAMSEY )
The foregoing instrument was acknowledged before me this ______ day of
_________________, 2006, by ______________________________ and by
_____________________________, respectively the Mayor and City Administrator
of the City of Falcon Heights, a Minnesota municipal corporation, on behalf of the
corporation and pursuant to the authority granted by its City Council.
___________________________________
NOTARY PUBLIC
DRAFTED BY:
CAMPBELL KNUTSON
Professional Association
1380 Corporate Center Curve
317 Eagandale Office Center
Eagan, Minnesota 55121
Telephone: (651) 452-5000
RNK
CITY OF FALCON HEIGHTS
RAMSEY COUNTY, MINNESOTA
________________________________________________________________________
IN RE:
Application of Todd Hegg, FINDINGS OF FACT
1564 Burton Street, for a variance AND DECISION
from setback requirements.
________________________________________________________________________
On July 25, 2006, the Falcon Heights Planning Commission met at its regularly
scheduled meeting to consider the application of Todd Hegg (“Applicant”), 1564 Burton
Street (“Subject Property”), for a variance from setback requirements for a porch. The
Planning Commission conducted a public hearing on the proposed variance preceded by
published and mailed notice. The Applicant was present and the Planning Commission
heard testimony from all interested persons wishing to speak. Based on the record, the
Planning Commission voted to recommend approval of the variance.
On August 23, 2006, the Falcon Heights City Council met at its regularly
scheduled meeting to consider the variance. The City Council now makes the following
Findings of Fact and Decision.
FINDINGS OF FACT:
1. The Subject Property is zoned R-1, Single Family Residential.
2. The Subject Property is legally described as:
Auditor’s Subdivision No. 71, Subj To St The Fol Ex N 12
Ft Lot And All of Lot 7, Blk 6, Ramsey County, Minnesota.
(PIN No. 20.29.23.12.0079)
3. That the granting of the variance will not be detrimental to the public interest.
The granting of this variance will not be detrimental to the public interest.
4. That the granting of the variance will not substantially diminish or impair
property values or improvements in the area.
The granting of this variance will not substantially diminish or impair
property values.
5. That the granting of the variance is necessary for the preservation and enjoyment
of substantial property rights.
The granting of this variance, while not the only solution for the preservation
and enjoyment of substantial property rights, is a reasonable request with
minimal impact.
6. That the variance will not impair an adequate supply of light and air to adjacent
properties.
The variance will not impair an adequate supply of light and air to adjacent
properties.
7. That the variance will not impair the orderly use of the public streets.
The variance will not impair the orderly use of the public streets.
8. That the variance will not increase the danger of fire or endanger the public
safety.
The variance will not increase the danger of fire or endanger the public
safety.
9. Whether the shape, topographical condition or other similar characteristics of the
tract is such as to distinguish it substantially from all of the other properties in the zoning
district of which it is a part, or whether a particular hardship, as distinguished from mere
inconvenience to the owner, would result if the strict letter of the Chapter were carried
out.
This property is nearly unique in Falcon Heights, in that it has streets on
three sides, the main structure is set at an angle on the property, and the
home was custom-designed by a noted architect. At least half the original
back yard was lost in the past to the extension of Coffman Street between
Folwell and Hoyt. The options are very limited for building any kind of
addition onto this dwelling without encroaching into setback on one side or
another or severely compromising the unique architectural design. Strict
interpretation of the city code also precludes adding another story on top of
the house – even if this could be reconciled with the original architect’s plan
and approved by the University and the Grove Association. The Applicant
has demonstrated an under hardship. The Applicant’s proposal is for a
reasonable use of the property.
10. Whether the variance is sought principally to increase financial gain to the owner
of the property, and to determine whether a substantial hardship to the owner would
result from a denial of the variance.
No material or financial gain will occur in the granting of this variance.
Substantial hardship to the owner would result from a denial, in that original
intention of the architect will not be carried out, leaving the house with a
hazardous window opening on the upper level.
11. Whether the conditions which give rise to the application for the variance arose
after the adoption of this Chapter of the Code of the City of Falcon Heights or any
amendment thereto which placed the tract in a zoning district different from what it was
under the Chapter. In the consideration of this item, the City shall make diligent inquiry
as to all changes in the property and shall refuse to grant the variance if the problem is
one that can be solved through a proper application of a conditional use permit or an
amendment to the Zoning code. Financial hardship shall not be a basis for the granting of
a variance when the owner purchased the property in reliance on a promise that a
variance would be granted, and the City shall dismiss the appeal if it shall appear that the
property was purchased on such reliance.
Not applicable.
DECISION
The Applicant’s request for a 14 foot setback variance is hereby approved.
ADOPTED by the Falcon Heights City Council on this ________ day of
_____________________, 2006.
CITY OF FALCON HEIGHTS
By: _______________________________
Susan L. Gehrz, Mayor
ATTEST:
By: ________________________________
Justin Miller, City Administrator