Loading...
HomeMy WebLinkAboutPCAgenda_96Jul15PLANNING COMMISSION AGENDA July 15, 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 June 17, 1996 3. CITY COUNCIL MINUTES June 26, 1996 4. Public Hearing regarding proposed changes to the zoning code regarding ramps in residential areas 5. Public Hearing regarding proposed changes to the zoning code regarding side • yard setback for driveways 4. Adjourn MINUTES CITY OF FALCON HEIGHTS • • • REGULAR PLANNING COMMISSION MEETING June 17, 1996 PRESENT ABSENT Wendy Treadwell, Acting Chair Tom Brace Paul Kuettel Betty Wilcox Wayne Groff Alex Hanschen Irene Struck ALSO PRESENT Carla Asleson, Planner Sue Gehrz, Council Liaison Meeting was called to order at 7:00 p.m. by Acting Chair Treadwell. REQUEST FOR A VARIANCE OF 11 FEET FROM THE REQUIRED FRONT YARD SETBACK FOR THE CONSTRUCTION OF A WHEELCHAIR RAMP AT 1806 PASCAL STREET, CHAPTER 9-2.05 SUBD. 2(A) Planner Asleson reported that Mr. and Mrs. Utne of 1806 Pascal Street were requesting a variance to place a handicapped accessible ramp in their required front yard area at a 19' setback rather than the 30' required by the code. The zoning code also requires a variance whenever a wheelchair ramp is placed in the front yard. The Planner verbally granted a temporary variance to begin construction of the ramp due to several considerations, but primarily because the ramp was necessary for the health, safety and welfare of the applicant, as she would be unable to get out of her house without it. The ramp is temporary in nature in that it is built without footings and can be dismantled if necessary or when the occupants no longer need it. The slope and size of the ramp were designed to accommodate the applicant's medical condition and the provisions of the Uniform Building Code. Asleson stated that the property meets the criteria for granting a variance, specifically that the granting of the variance is necessary for the preservation and enjoyment of substantial property rights and that a hardship could result if the variance were denied. The ramp is necessary for the owners to be able to safely enter and exit the property and to escape the house in the event of a fire or other emergency. The ramp could not be built in the rear of the house due to the smaller size of the rear door and the interior layout of the home. The variance is the minimum needed to alleviate the hardship, since the ramp can't be made smaller or with a steeper slope without sacrificing the safety of the applicant. Kevin Dooley, representative of the applicant, answered questions posed by Commissioner Struck, specifically the rationale for the design of the ramp. The ramp was designed by an accessibility specialist at the State of Minnesota to accommodate this particular property and the physical needs of the applicant. The commission also discussed staff s use of a temporary variance in this situation. Asleson noted that, while not an ideal situation, the case was handled this way to avoid the possibility of an accident or fire happening during the two weeks that it would take for the variance to be processed through the planning commission and city council. Commissioner Treadwell suggested that the contingency clause in the resolution be changed to read: "That the ramp not be converted into any type of alternative use." This would prohibit the ramp from being used in any manner other than as a ramp,. rather than limiting the prohibition to just a few types of structures. • Motion was made by Commissioner Kuettel, seconded by Commissioner Hanschen, to adopt Planning Commission No. 96-02, as amended, recommending approval of the variance at 1806 Pascal Street. Motion passed with Commissioners Treadwell, Kuettel, Groff, and Hanschen voting in favor of approval and Commissioner Struck abstaining. CONSIDERATION OF REPEAL OF THE VARIANCE REQUIREMENT FOR HANDICAP ACCESSIBLE RAMPS IN FRONT YARDS Planner Asleson reported that staff is recommending that the commission consider repealing the variance requirement for ramps in front yards. These structures are often built quite quickly following an accident or medical emergency. The ramp users have a personal hardship in needing to use them but a property related hardship is required to process a variance. It is still desirable that the ramps be subject to design review,. so staff is proposing that the variance requirement be dropped and be replaced with a requirement for development review by the city planner. This will ensure that the ramps are appropriately designed without requiring that the property owner prove a property related hardship. Commissioner Treadwell suggested that the language of the code require that, in addition to reviewing the appearance of the ramp, the planner should also be permitted to review the design of the ramp with respect to the needs of the intended user. • Motion was made by Commissioner Struck, seconded by Commissioner Groff, to schedule a public hearing to consider the repeal of the variance requirement for ramps at the July 15, 1996 meeting. Motion passed unanimously. CONSIDERATION OF THE ADOPTION OF A MORATORIUM ON ANTENNA EQUIPMENT PLACEMENT Due to a number of recent requests for information on the city's code regarding antennas and new federal legislation on the subject, Planner Asleson reported that staff is recommending a moratorium on the placement of new antennas and towers that would require a conditional use permit. This subject has not been re-visited in a number of years and given the new technologies and legislation on the subject, it would be appropriate to give staff some time to study the issues. The proposed moratorium would expire on September 30, 1996 or upon the enactment of a zoning change on the matter, whichever came first. Commissioner Treadwell asked if three months would be sufficient time to complete the study. Asleson responded that staff believes that it can be completed in that time frame. However, if necessary, an extension of the moratorium could be accomplished by passing another ordinance before the first one expired. Motion was made by Commissioner Hanschen, seconded by Commissioner Kuettel, to adopt Planning Commission Resolution 96-03, recommending to the city council the adoption of a moratorium on new antennas and communications towers, effective through September 30, 1996. Motion passed unanimously. ADJOURNMENT • The meeting was adjourned at 7:58 p.m. Respectfully submitted, Carla Asleson Planner/Recording Secretary • CITY OF FALCON HEIGHTS REGULAR CITY COUNCIL MEETING MINUTES OF JUNE 26, 1996 • Mayor Gehrz convened the meeting at 7:00 p.m. PRESENT Gehrz, Gibson Talbot, Hustad, Jacobs, and Kuettel. Also present were Hoyt, Asleson, and Engineer Maurer. COMMUNITY FORUM There was no one wishing to take advantage of the community forum. MINUTES OF MAY 9, 1996 AND MAY 22, 1996 Minutes were approved by unanimous consent. CONSENT AGENDA APPROVED Mayor Gehrz requested that the item concerning the personnel policy be removed from the consent agenda. Councilmember Gibson Talbot moved the adoption of the amended consent agenda. Motion passed unanimously. • 1. Disbursements 2. Licenses 3. Accept resignation of Mr. Jay Morgan, Parks and Public Works Maintenance Worker 4. Approve hiring Mr. Dave Tretsven as full-time Parks and Public Works Maintenance Worker 5. Awarding of sealcoating contract 6. .Appointment of City Administrator as the city representative to board of commissioners of three watershed districts 7. Award contract for the 1996 sidewalk replacement and repairs 8. Request for variance of eleven feet from the required front yard setback for the construction of a wheelchair ramp at 1806 Pascal Street, Chapter 9-2.05 subd. 2(a) POLICY AGENDA INFORMATION ON FINANCING THE LARPENTEUR AVENUE IMPROVEMENT PROJECT City consultant Jim Casserly gave a brief presentation as to a hypothetical bond issue with to finance the Larpenteur Avenue improvement project. He noted that, given the city's tax increment fund balance, the bond issue could be structured in a manner to • pay off the bonds over a fourteen year period. Mayor Gehrz inquired as to the risk level to the city. Casserly responded that the main risk would be if, for some unforeseeable reason, that TIF revenue didn't come in as expected, although revenue stream has been steady in the past. A reserve fund is left in the account to deal with City Council Minutes June 26, 1996 Page 2 this possibility. REQUEST TO PROCEED WITH THE PREPARATION OF FINAL PLANS AND SPECIFICATIONS FOR THE LARPENTEUR AVENUE STREETSCAPE PROJECT Michael Schroeder, the city's consulting landscape architect for the Larpenteur Avenue streetscape project, reported that the streetscape design has now been reviewed with a number of community groups at an open house. Ramsey County is near the final stage of designing the construction aspects of the Larpenteur project and Mr. Schroeder will be coordinating with county officials and with other interested entities to complete the final design plans and specifications. A number of items still need to be addressed at the design level, such as plant materials, re-routing of electrical lines, and sign locations. These can be addressed in conjunction with the design firm's review of the final construction plans. The city council would have the opportunity to review the final streetscape design plans during the plan preparation process and once again before the bidding process is authorized. Motion was made by Councilmember Kuettel to proceed with the next step of the streetscape design process and authorize a final design fee of $80,000 to cover design, civil, structural, electrical engineering, surveying, and lease/easement definition costs. Motion passed unanimously. RECOMMENDATION FROM THE EMS TASK FORCE Mayor Gehrz gave a brief background regarding the formation and composition of the Emergency Medical Services Task Force. The city's medical director has recommended that the city consider providing Advanced Life Support (ALS) service from the point of dispatch for its ambulance patients. The city council determined that it was important for Falcon Heights to have this service, and appointed a task force to determine a service delivery model that met the following criteria: 1) medical dispatching with pre-arrival information; 2) adding ALS from the point of dispatch; 3~ guaranteeing a response time that meets current EMS standards in an urban area; 4) following the city's policy as closely as possible that provides for ambulance users to cover the costs of the service through a fee for service; and 5) as a starting point, investigating how EMS might be shared and contracted with the St. Paul Fire Department. Councilmember Jacobs, chairman of the EMS task force, reported the task force's findings and recommendations: • • To contract with St. Paul Fire for ALS service and medical dispatching; • To arrange for Ramsey County Dispatch to "push a button" to send callers to the St. Paul Fire medical dispatcher; City Council Minutes June 26, 1996 Page 3 • • To provide a transition model of dual ALS/BLS (Basic Life Support) response to all emergency medical calls for a period of three months. During this time, both St. Paul Fire and Falcon Heights BLS will respond to all calls, with the ALS unit in charge at the scene when both units respond. • To review the arrangement after the first three months with the task force. • After the three month transition period, the service model will provide either as BLS or ALS response as deemed appropriate by the St. Paul Fire dispatcher. Councilmember Jacobs moved that the task force's recommendations be adopted, with the following amendment and additions: • That the transition model be reviewed by the task force after two months, rather than three months; • That a representative from the city's first responders, the St. Anthony Police Department, be added to the task force; • That the "treatment/no transport" fee be eliminated during the three month transition period and be reviewed for inclusion again after the three month joint response model; and • That the financial status of the rescue fund be examined six months after the • start of the ALS service to determine if any financial adjustments are necessary to keep within the council policy of providing ambulance service on a fee-for- service basis. • That the City Administrator be authorized to proceed with administrative actions related to implementing this decision, including: sending a letter of request to the City of St. Paul, submitting an ALS license application with the State of Minnesota, and directing the City Attorney to work on the contract. • That the Fire Department be authorized to purchase the necessary radios to .communicate with St. Paul Fire for a sum not to exceed $6,000. Mayor Gehrz noted for the viewing audience that the proposal at hand concerned only the city's emergency medical service. The task force is not proposing changes to the city's fire service delivery. After a brief discussion among the council, the motion passed unanimously. REQUEST TO APPROVE THE DRAFT LIVABLE COMMUNITIES HOUSING PLAN Administrator Hoyt explained that the city is required to submit a housing plan to the Metropolitan Council, explaining how the city will meet its required affordable housing benchmarks. Since the city is already very close or exceeds all of the benchmarks, and is fully developed, the draft plan primarily addresses housing rehabilitation i programs offered by the State and Ramsey County. Motion was made by Councilmember Hustad to approve the draft housing plan for submission to the Metropolitan Council. Motion passed unanimously. City Council Minutes June 26, 1996 • Page 4 REQUEST TO PAINT WARNING SIGNS ADJACENT TO STORMSEWER DRAINS IN TWO CITY NEIGHBORHOODS Administrator Hoyt reported that the city has received a request from the District 10 Environmental Committee to paint warning signs near the stormsewer drains that drain into Lake• Como. These signs would read "Please Don't Pollute, this runs into Lake Como." The project would be done by youth volunteers and painted with donated supplies. The paint would wear off within a two year period. The council reviewed a map of the proposed sign sites and discussed whether the signs would be effective at deterring polluters. They also discussed city's general approach to signs, which is to avoid them whenever possible so as to not clutter an already crowded urban landscape. Mayor Gehrz stated that, although she supports the idea of youth working on community projects and curbing pollution in local bodies of water, she is not enthusiastic about this particular proposal. Past practice has been to have the city avoid putting up signs that are not essential. In addition, the city has an active anti- • graffiti program in place and it seems inconsistent to allow painting of the streets in this instance while trying to discourage other kinds of street paint. However, Mayor Gehrz said she was enthusiastically encouraging other educational methods, such as an article for the city's newsletter or a video to put on cable produced by volunteers. As there was no motion for approval, the project was not approved. REQUEST FOR AN ADDITIONAL CONTRIBUTION TO NORTHWEST YOUTH AND FAMILY SERVICES Councilmember Hustad, the council liaison to Northwest Youth and Family Services, reported that Northwest Youth and Family Services is in the midst of an extensive upgrade to their computer system. The computers will enable staff to more efficiently process data requests, keep accurate statistics, and process reimbursement requests for managed care and Medical Assistance reimbursement. The computers are also needed because NWYS is taking over accounting functions from the City of Roseville, who performed the service in the past. Administrator Hoyt noted that NWYS is requesting additional contributions from a number of people and organizations in the community. Any contribution could be made on a one-time basis and would not automatically be added to next year's contribution amount. The city's budgeted donation account has about $1100 • remaining in it; all budgeted donations have been paid for the year, so the 51 100 is available for new, one-time requests. After discussion by the council, Councilmember Hustad moved to authorize aone-time donation of $1,000 to Northwest Youth and Family Services, to be designated for City Council Minutes June 26, 1996 Page 5 computer system upgrades. Motion passed unanimously. CONSIDERATION OF ORDINANCE 96-04 ESTABLISHING A MORATORIUM ON RADIO, TV, AND COMMUNICATIONS TOWERS/ANTENNAS Administrative Assistant/Planner Asleson reported that, due to recent changes in the telecommunications field, a number of companies have approached the city regarding its regulations for rooftop antennas and communications towers. Although most of the companies are primarily interested in the University of Minnesota and State Fair lands, due to their elevation and water tower availability, staff and the planning commission have recommended that a moratorium on the placement of new towers and antennas be enacted for a period of three months. This will allow time for the city to determine if its current zoning requirements are adequate for this changing technology. The moratorium would pertain only to antennas and towers that would require a conditional use permit. Antennas that would not require a conditional use permit would not be affected by the moratorium and would require only a building permit. • Motion was made by Councilmember Kuettel to approve Ordinance 96-04, imposing a moratorium on the placement of radio, TV, and communications towers/antennas that require a conditional use permit through September 30, 1996 or upon the enactment of a zoning ordinance concerning the matter, whichever comes first. Motion passed unanimously. CONSIDERATION OF ORDINANCE. 96-03, AMENDING CHAPTER 5 OF THE CITY CODE RELATED TO THERAPEUTIC MASSAGE ENTERPRISES Administrative Assistant/Planner Asleson reported that staff had recently determined that the city code requires a public hearing to approve a therapeutic massage enterprise license. Staff is recommending that the public hearing requirement be deleted, for two reasons. First, this is the only type of city license that requires a public hearing and secondly, a public hearing is not appropriate since a license must be granted if the applicant is able to meet the licensing criteria as specified in the city code, regardless of public testimony. Motion was made by Councilmember Gibson Talbot to approve Ordinance 96-03, deleting the public hearing requirement for therapeutic massage enterprise licenses. Motion passed unanimously. • PROPOSED CHANGES TO THE CITY'S PERSONNEL POLICIES The proposed changes to the city code were comprised primarily of items that were in conflict with recent state legislation and with the county's insurance carrier. Mayor Gehrz asked that the travel policy also be amended to make it optional and not City Council Minutes June 26, 1996 Page 6 required for employees to spend additional time in a destination city when a cheaper airfare is available. Motion was made by Councilmember Hustad to approve the personnel policy changes as amended above. Motion passed unanimously. INFORMATION AND ANNOUNCEMENTS Mayor Gehrz asked that the council work with the Administrator to establish a date for a goal setting session. She also congratulated Administrator Hoyt on her election to the League of Minnesota Cities board. Councilmember Hustad reported that Keeping Connected brochures would soon be distributed to homes. Administrator Hoyt made the following announcements: • Thank you to resigning employee Jay Morgan for past service and welcome to new full-time employee Dave Tretsven. Dave is "new" in name only, as he has worked for the city in some capacity (seasonal, part-time) since 1980. • Thank you to the Lions for donating bike helmets to area children in need of them. • .Recreation programs started the week of June 17. • Sealcoating starts the week of July 10. ADJOURNMENT The meeting adjourned at 9:04 p.m. Susan L. Gehrz, Mayor Carla Asleson Recording Secretary • Planning Commission Meeting: 7/15/96 Item: 4 ITEM: Public Hearing regarding proposed changes to the zoning code regarding ramps in residential areas SUBMITTED BY: Carla Asleson, Administrative Assistant/Planner EXPLANATION/DESCRIPTION: At the June meeting, the Planning Commission discussed repealing the section of the zoning code which requires a variance to place ramps in the front yard area of residential properties. It was felt that it would be appropriate to allow these types of structures without requiring that applicants go through the two to six week process of obtaining a variance. In place of the variance requirement, ramps would be permitted in the front yard after being approved by the Zoning Administrator (Planner) for design review. This review would take into consideration the design and materials of the structure and the needs of the intended ramp user. • Attached is the proposed deletions and additions to Section 9-2.05 of the zoning code. ACTION REQUESTED: 1. Staff report 2. Questions from commissioners 3. Open public hearing and receive comments 4. Close public hearing 5. Discussion among commissioners 6. By motion, recommend approval or denial of the proposed changes to the zoning code • 9-2.05 Required Yards and Open Spaces 9-2.05 Subdivision 1. Existina: No yards, now or hereafter provided for a building existing on the effective date of this code shall subsequently be reduced below, or further reduced if already less than, the minimum yard requirements of this code for equivalent new construction in any zone. Subdivision 2. Permitted Encroachments on Required Yards• The following shall be permitted encroachments into setback and height requirements except as restricted by other sections of this code. a. In any yards: posts, off street parking, flues, sills, pilasters, lintels, cornices, eaves (up to three (3) feet), gutters, awnings, open terraces, steps, sidewalks, essential services, stoops, or similar features provided they do not extend five (5) feet above the height of the principal structure or to a distance less than three (3) feet from any lot line nor less than one (1) foot from any existing or proposed driveway; yard lights and nameplate signs, trees, shrubs, plants; floodlights or other sources of light illuminating authorized illuminated signs, or light standards for illuminating parking areas, loading areas, or yard for safety and security reasons, provided the direct source of light is not visible from the public right of way or adjacent residential property. Further no deck, {~a~ree~e~rr-~ uncovered porch, or air conditioner, shall be less than five (5) feet from a side or rear yard line, and if in a the required front yard area, a variance shall be required. An exposed ramp is a permitted encroachment , provided that a setback of five feet in the side and rear yard is met and the design and materials are approved by the Zonina Administrator as being in harmonv with the surrounding residential neighborhood and the documented needs of the in ended user Chimneys, flag poles and open fire escapes may not extend more than five (5) feet above the principal structure or three (3) feet from any lot line. • Planning Commission Meeting: 7/15/96 Item: 5 ITEM: Public Hearing regarding proposed changes to the zoning code regarding side yard setback for driveways SUBMITTED BY: Carla Asleson, Administrative Assistant/Planner EXPLANATIONJDESCRIPTION: Introduction In 1994, the Planning Commission revised a part of the zoning code which allows detached garages to be rebuilt at side setbacks of less than five feet under certain conditions. This was meant to allow property owners to rebuild garages along the same setback either closer to the street or deeper into the property without having to re-configure their existing driveway. In keeping with the Commission's intent of allowing a lesser setback for these garages, the section on driveway setbacks needs to be amended. As it currently reads, driveways could not be extended along the same side yard setback when moving a garage deeper into the property. The section should be amended to allow • a lesser setback in these instances. Background Garages Section 9-2.04 subd. 1 (c) (2) of the zoning code requires that detached garages accessed off of the street must have a five foot interior side setback, unless following conditions are met: 1. The new garage is replacing a garage that is located less than five feet from a side lot line; and 2. The new garage is located a minimum of five feet to the rear of the principal structure on the nearest adjoining property; or 3. The new garage is located a minimum of ten feet from any portion of the principal structure on the nearest adjoining property. If these conditions are met, the new garage can be placed at the same side yard setback as the garage being replaced, except that the new garage must be at least two feet from the side lot line. The replacement garage does not have to be in the same location as the existing garage -- it may be located anywhere along the side lot line provided that the former side setback is kept the same or is increased. This allows the owner to move the • garage deeper into the property or closer to the street without changing his or her driveway configuration. New o-~` • .~ ~ u~w Nu~1-br Dri'~y' a~ ~ 1 Dld ~ ~{pk, o Fronk yard S~iT'to~ 1~dt" To SCALE Driveways The present interior side yard setback requirement for driveways is five feet. There is no provision to allow for driveways to be built at a lesser setback when the garage is being moved deeper into the property. Staff Recommendation Staff recommends that language be incorporated into the driveway section to allow for a driveway to be built at a lesser setback when a detached garage is being replaced under the conditions listed above. This language would make the code consistent with the intent of the planning commission when they adopted the changes to the garage code two years ago. The language would read (addition in bold): 9-14.01 subd. 18 Driveways (c) Setbacks (1) Driveways must be at least five feet from any rear or side lot line except when a garage is being replaced at a side yard setback of less than five feet under the conditions of Section 9-2.04 subd. 1 (c) (2). Under this circumstance, the driveway may be extended at an interior side yard setback of less than five feet, provided that the new driveway does not encroach further into the side yard than the existing driveway. In no case may the new driveway be set back less than two feet from the interior side lot line. • • ACTION REQUESTED: 1. Staff report 2. Questions from commissioners 3. Open public hearing and receive comments 4. Close public hearing 5. Discussion among commissioners 6. By motion, recommend approval or denial of the proposed changes to the zoning code lJ •