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HomeMy WebLinkAboutPCAgenda_96Sep16PLANNING COMMISSION AGENDA September 16, 1996 7 p.m. ROLL CALL: Tom Brace _ Wayne Groff _ Alex Hanschen _ Paul Kuettel _ Irene Struck _ Wendy Treadwell _ Betty Wilcox _ Sue Gehrz 1. CALL TO ORDER 2. APPROVAL OF MINUTES July 15, 1996 3. CITY COUNCIL MINUTES August 14, 1996 4. REQUEST FOR A VARIANCE Falcon Heights United Church of Christ is requesting a variance of three feet to allow a utility shed to be built at an interior side setback of two feet where a minimum of five feet is required in the zoning code. 5. STAFF UPDATES 4. ADJOURN MINUTES • CITY OF FALCON HEIGHTS REGULAR PLANNING COMMISSION July 15, 1996 PRESENT Tom Brace, Chair Wendy Treadwell Wayne Groff Irene Struck ABSENT Alex Hanschen Betty Wilcox Paul Kuettel Meeting was called to order at 7:07 p.m. by Chair Brace. DRAFT MEETING ALSO PRESENT Carla Asleson, Planner APPROVAL OF JUNE 17, 1996 PLANNING COMMISSION MINUTES Motion was made by Commissioner Treadwell, seconded by Commissioner Struck, to approve the minutes of the June 17, 1996 planning commission meeting. Motion passed unanimously. REVIEW OF CITY COUNCIL MINUTES The June 26, 1996 city council minutes were reviewed by the commission for informational • purposes. PUBLIC HEARING REGARDING PROPOSED CHANGES TO THE ZONING CODE REGARDING RAMPS IN RESIDENTIAL AREAS Planner Asleson reported that at the previous commission meeting, the commission discussed repealing the variance requirement for ramps in the front yard and instead requiring design review prior to issuance of a building permit. The commission briefly discussed the exact wording of the language and whether to require that a medical need be stated for the building of a ramp. It was determined that this would be appropriate, as the commission did not want to see ramps built for the purpose of accommodating home occupations. Chair Brace opened the public hearing on this matter at 7:30 p.m. There being no one present wishing to speak, the hearing was immediately closed. Motion was made by Commissioner Groff, seconded by Commissioner Treadwell, to recommend that the front yard variance requirement be repealed and replaced with language requiring design review by staff, with the amended language to read "approved by the Zoning Administrator as being in harmony with the surrounding residential neighborhood and the documented medical needs of the user." Motion passed unanimously. CJ DRAFT PUBLIC HEARING REGARDING PROPOSED CHANGES TO THE ZONING CODE • REGARDING SIDE YARD SETBACK FOR DRIVEWAYS Planner Asleson reported that when the planning commission revised a portion of the zoning code in 1994 regarding garages, a corresponding section of the code regarding driveways was not changed. The section in question pertains to detached garages with street access that are being replaced. The 1994 amendments permit rebuilding of garages at a side setback of less than five feet under some circumstances. Asleson recommended that the driveway requirements permit a side setback of less than five feet when a new garage is being built under the conditions of the 1994 amendments. Commissioner Treadwell asked if a driveway could be extended at its existing line if the new garage were replaced at a setback of five feet or greater. Asleson responded that she believed that would be allowed. Chair Brace opened the public hearing at 7:43 a.m. There being no one present wishing to speak, the public hearing was immediately closed. Motion was made to Commissioner Brace, seconded by Commissioner Struck, to recommend the proposed changes to the zoning code regarding driveways. Motion passed unanimously. • ADJOURNMENT The meeting was adjourned at 8:00 p.m. Respectfully submitted, Carla Asleson Planner/Recording Secretary • CITY OF FALCON HEIGHTS REGULAR CITY COUNCIL MEETING MINUTES OF AUGUST 14, 1996 Mayor Gehrz convened the meeting at 7:00 p.m. PRESENT Gehrz, Gibson Talbot, Hustad, Jacobs and Kuettel. Also present were Hoyt, Phillips and Rigdon. COMMUNITY FORUM There was no one wishing to take advantage of the community forum. MINUTES OF JULY 27, 1996 Minutes were approved by unanimous consent. CONSENT AGENDA APPROVED Motion was made by Councilmember Gibson Talbot to approve the consent agenda. Motion passed unanimously. 1. Disbursements 2. Licenses 3. Annual salary adjustment for the city administrator 4. Appointment of election judges for September 10, 1996 primary election 5. Authorization to submit grant proposals for the Mayor's Commission Against Drugs and Teen Court 6. Acceptance of "High-Five" and "Time-In" donation from the Northome ' Neighborhood Association POLICY AGENDA CONSIDERATION OF CHANGES TO THE CITY ZONING CODE REGARDING OUTDOOR RAMPS AND DRIVEWAY SETBACKS Administrator Hoyt explained the Planning Commission's recommendation to amend the zoning code for outdoor ramps and driveway setbacks. For outdoor ramps in the front yard, the variance requirement would be repealed and be replaced with a design review by the City Planner. A section of the code pertaining to driveways was inadvertently not amended back in 1994 • that allows detached garages to be built at side setbacks of less than five feet under certain conditions. Motion was made by Councilmember Jacobs • City Council Minutes August 14, 1996 Page 2 to approve Ordinances 96-05 and 96-06 amending Chapter 9 of the city code relating to outdoor ramps and driveway setbacks. Motion passed unanimously. CONSIDERATION OF ORDINANCE 96-07 EXTENDING THE MORATORIUM ON RADIO, TV AND COMMUNICATIONS TOWERS/ANTENNAS TO DECEMBER 31, 1996 Administrator Hoyt said the expiration of the previous moratorium passed by council was set at September 30, 1996. Staff believes this matter will require more time than initally anticipated due to the complexity of the topic. The December 31, 1996 deadline will give the planning commission city council and staff additional time in the event that more research or a redrafting of an ordinance is necessary. Councilmember Hustad made a • motion to approve Ordinance 96-07 extending the moratorium to December 31, 1996. Motion passed unanimously. REVIEW OF THE RESCUE SERVICES FEE City Accountant Joe Rigdon explained the rescue service fees and how they are established to operate on aself-sustaining basis through user fees rather than be supported through other city revenue sources. Currently the base fee for Falcon Heights' residents is 5360. To fully cover the cost of providing the service as it currently operates would require a base fee of 5510. Councilmember Jacobs moved to change the fee for ambulance base rates to 5475 for Falcon Heights residents, 5500 for Lauderdale residents and 5525 for non Falcon Heights/ Lauderdale residents effective immediately. Charges for supplies and mileage would be added to the base rates. Motion passed unanimously. REQUEST TO CONTRIBUTE TO THE LEAGUE OF MINNESOTA CITIES PUBLIC RIGHTS OF WAY FUND Administrator Hoyt explained that the city is being asked to contribute 5429 by the League of Minnesota Cities to a "right of way" fund. The fund City Council Minutes August 14, 1996 Page 3 will be used to defend the local control of public rights of way at the Public Utilities Commission and legislature. Councilmember Kuettel moved to approve the amount of 5429 for the League of Minnesota Cities Public rights of way fund. .Motion passed unanimously. INFORMATION AND ANNOUNCEMENTS Mayor Gehrz thanked the Northome Neighborhood Association for donating money to the"Time-In" and "High Five" recreational programs. She also thanked the residents who helped organize and promote block parties for National Night Out. Administrator Hoyt indicated the summer rec programs were ending this • week. Also, the end of season get-togethers at Curtiss Field and Falcon Heights School are being planned for September. The repair/replacement of certain sidewalks in the Northome area should be finished this week. Also to be completed are the addition of handicap curbs at some of the intersections. State Fair fliers were mailed to residents reminding them of the city's rules and regulations during the Fair. ADJOURNMENT The meeting adjourned at 7:45 P.M. Budget workshop followed. '~v~_~. Susan L. Gehrz, Mayor • Patricia Phillips Acting Recording Secretary • CITY OF FALCON HEIGHTS PLANNING COMMISSION SEPTEMBER 16, 1996 ITEM: Request for variance of three feet from the required five foot side yard setback for the construction of a utility shed at Falcon Heights United Church of Christ, 1795 Holton Street, Chapter 9-2.04 subd. 1 (c) SUBMITTED BY: Warren West and Bob Olsen, church representatives REVIEWED BY: Carla Asleson, Administrative Assistant/Planner EXPLANATION/DESCRIPTION: A. REQUEST FOR VARIANCE Falcon Heights United Church of Christ is requesting a variance to construct a new utility shed at a side yard setback of two feet rather than the required setback of five feet. The church also proposes to replace the existing fence on the property at a two foot setback, with the new shed forming part of the fence line (no variance is needed for the fence.) The small, older shed on the site will be removed. • The shed is proposed to be 7' wide by 20' long with doors on both ends. There is five feet of area between the church and the shed to allow for the removal of large lawn mowing and snow removal equipment (see attachment 1.) B. BACKGROUND Chapter 9-2.04 subd. 1 (c) of the zoning code requires that utility sheds in residentially zoned areas be constructed at a setback of five feet from interior side and rear lot lines (on corner lots, the street side setback minimum is 20% of the lot width). If the shed is located completely in the rear 20% of the yard, a one foot side and rear yard setback is permitted. Sheds are not allowed in the front yard area. C. CHARACTERISTICS OF THE CHURCH PROPERTY This property has frontage on three streets: Holton, Garden, and Pascal. When a property is located on a corner, the zoning code stipulates that the side of the lot with the shortest frontage is the front lot line, unless there are equal lengths, in which case the front line is determined by the property owner. In this case, although the church's entrance is on Garden Avenue, its front yard is on Holton Street, which is its shortest frontage and its mailing address (see attachment 2 for a site plan of the church property. ) If Garden Avenue were the front lot line of this property, the shed would conform to the zoning code because the shed would be located completely within the rear 20% of the yard. However, because Holton is defined as the front yard, the shed is located in the • side yard area and requires a 5 foot setback without a variance. • D. COMMENTS FROM NEIGHBORS Letters regarding the proposed deck were sent to abutting property owners regarding this request. As of this writing, no comments have been received. Mr. West reports that he has spoken with Ms. Susan Salmon of 1790 Pascal Street, the neighbor to the south of the proposed shed. Ms. Salmon requested that the church install a motion detector light with the shed so that it will be illuminated if anyone tries to access it at night. The church has agreed to Ms. Salmon's request. E. APPLICANT'S OTHER OPTIONS FOR PLACEMENT OF THE SHED When considering a variance request, the planning commission should determine if reasonable alternatives to the variance exist. In this case, the proposed location is the only reasonable location for the shed. Because of the church's design and its three-sided lot, any other location would have the shed closer to the street than the principal building, which is not aesthetically desirable. F. ANALYSIS The church property is unusual in that it has frontage on three streets, giving the church limited building area. The size of the proposed shed (140 square feet) is in line with other utility sheds built in residential areas, which have ranged between 80 and 224 square feet for residential sheds built in 1995 and 1996. The church's proposed shed meets all requirements of the zoning code except for the side yard setback provision. • G. STAFF RECOMMENDATION Staff recommends approval of the requested variance due to the unique configuration of the property, the reasonable shed dimensions, and the fact that no reasonable alternative building location exists on the property. The unique configuration on the property is not due to circumstances created by the property owner, and the three foot variance is the minimum needed to alleviate this hardship. Finally, granting the variance will not alter the essential character of the neighborhood. Staff also recommends that removal of the existing shed prior to construction of the new one be a condition of the variance. The church has indicated that this is their intention. H. ATTACHMENTS 1. Site plan of shed 2. Site plan of property 3. Sketch of proposed shed design 4. Standards for granting a variance 5. Proposed resolution I. ACTION REQUESTED Approve the requested variance of three feet from chapter 9-2.04 subd. 1 (c) of the zoning code by adopting a resolution (attachment 5) that this property meets the standards for granting a variance (attachment 4), specifically 9-15.03 subd. 4 (c), that • the amendment is necessary for the preservation and enjoyment of substantial property rights and 9-15.03 subd. 4 (g), that the property is unique and that a hardship would result if the strict letter of the chapter were carried out. I • • .~ C~ d s -~.` X10 ~ F-- ~ << _¢ pX L O- 2 ~ as u o ~ ~s ~~ ~ ~i ~~ ~ ~©~ - !I! . M, ~ l -----~ f ~, ~ ~ _ ~~ ~ -~----- 4%-Li+ o ,j I JI~ ? . '!~ ~ ~ ~ ~ -~ f ~ ~~~ `i X ~~ o{z ~" '~ 3'r 3 Zs ~ ~ ~ ~ o~ { 3 ~ ~ v ~ ~ ~~ -~ s 1 I x ~ ' ~ ~- i ~ r ~~ I ~ w .a ~ ~~ ~ ~ '~ ~~ ~~ ~i ,~ ~~ ~~ • ~~~~~ ~~~~r~~ ~~ ~S • ~ 3. ,} . ~ .~ 3 x Q } ~ o ~ ~ w ~ ~ ~ -r 1 • Subdivision 4. Standards for Granting of Variance No variance shall be granted unless the City Council shall make without qualification on the basis of evidence presented at the meeting the following findings: a. That the granting of the variance will not be detrimental to the public welfare; b. That the granting of the variance will not substantially diminish or impair property values or improvements in the area; c. That the granting of the variance is necessary for the preservation and enjoyment of substantial property rights; d. That the variance will not impair an adequate supply of light and air to adjacent property; e. That the variance will not impair the orderly use of the public streets; f. That the variance will not increase the danger of fire or endanger the public safety; g. Whether the shape, topographical condition or other similar . characteristic 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; h. 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. • 5, • No. 96-03 Date: 9/16!96 CITY OF FALCON HEIGHTS PLANNING COMMISSION RESOLUTION RESOLUTION RECOMMENDING APPROVAL OF A VARIANCE FOR 1795 HOLTON STREET On September 16, 1996, the Falcon Heights planning commission recommended granting the following variance request for 1795 Holton Street: • A variance of three feet to allow a utility shed to be built at an interior side setback of two feet where a minimum of five feet is required in the zoning code. The tanning commission recommPnried approval of this variance with the following condition: That the existing utility shed on the site be removed prior to the construction of the new shed. The planning commission adopted the following findings for recommending th.P g ting of the variance at 1795 Holton Street• a. That the granting of the variance will not be detrimental to the public welfare; b. That the granting of the variance will not substantially diminish or impair property values or improvements in the area; c. That the granting of the variance is necessary for the preservation and enjoyment of substantial property rights; • d. That the variance will not impair an adequate supply of light and air to adjacent property. • e. That the amended variance will not impair the orderly use of the public streets; f. That the variance will not increase the danger of fire or endanger the public safety; g. That a particular hardship, as distinguished from mere inconvenience to the owner, would result if the strict letter of the chapter were carried out; h. That the variance is not sought principally to increase financial gain of the owner of the property and that a substantial hardship to the owner would result from a denial of the variance. • n LJ • CITY OF FALCON HEIGHTS PLANNING COMMISSION SEPTEMBER 16, 1996 ITEM: Staff updates and discussion SUBMITTED BY: Susan Hoyt, City Administrator EXPLANATION/DESCRIPTION: Staff will update the commission on a number of items, including the following: • Communications towers/antennas ~ Comprehensive Plan • Upcoming planning applications • Fence design requirements • 1997 goals for the city as established by the city council CJ