HomeMy WebLinkAboutPCAgenda_05Sep27• City of Falcon Heights
Planning Commission
City Ball
2077 W. Larpenteur Avenue
Tuesday, September 27, 2005
7:00 p.m.
AGENDA
A. CALL TO ORDER: 7:00 p.m.
B. ROLL CALL: Tracy Lukermann Harris Lageson
Heideman DeLeo Ryan Rodich
Mercer-Taylor Council Liaison Lindstrom
• City Administrator Worthington Staff Liaison Jones
City Attorney
C. APPROVAL OF MINUTES: August 23, 2005
D. PUBLIC HEARING: Variance request for 1347 Larpenteur Avenue
E. AGENDA ITEM:
1. Consideration of variance request for 1347 Larpenteur Avenue
F. INFORMATION AND ANNOUNCEMENTS
G. ADJOURN
City of Falcon Heights
Planning Commission
City Hall
2077 W. Larpenteur Avenue
Tuesday, September 27, 2005
7:00 p.m.
AGENDA
A. CALL TO ORDER: 7:00 p.m.
B. ROLL CALL: Tracy Lukermann Harris Lageson
Heideman DeLeo Ryan Rodich
Mercer-Taylor Council Liaison Lindstrom
City Administrator Worthington Staff Liaison Jones
City Attorney
C. APPROVAL OF MINUTES: August 23, 2005
D. PUBLIC HEARING: Variance request for 1347 Larpenteur Avenue
E. AGENDA ITEM:
1. Consideration of variance request for 1347 Larpenteur Avenue
F. INFORMATION AND ANNOUNCEMENTS
G. ADJOURN
•
CITY OF
FALCON HEIGHTS 2077 W. Larpenteur Avenue
Falcon Heights, MN 55113-5594
email: mail~ci.falcon-heights.mn.us
website: www.ci.falcon-heights.mn.us
MEMORANDUM
To: Members of the Planning Commission
CC: Heather Worthington, City Administrator;
Peter Lindstrom, Council L~~ia,,,,ison
From: Deb Jones, Staff Liaison '~
Subject: Planning Commission M((e/%ting on September 27, 2005
Date: Septemer 23, 2005
Phone - (651) 792-7600
Fax - (651) 792-7610
Please notify Staff as soon as possible if you will not be able to attend the meeting of
the Planning Commission next Tuesday, August 23.
There is a public hearing on a variance applied for at 1374 Larpenteur, and we will need
a quorum in order to vote a recommendation to the City Council. The property is the
site of Thatcher Chiropractic Clinic at the corner of Larpenteur and Hamline. The
gentleman who is purchasing the property intends to remodel the buiding for use as an
eye clinic, a very similar use to what has been there for years.
For details on the variance, please read the enclosed packet. This one is fairly low
impact, and Staff is recommending approval. Please contact me if you have any
questions or concerns. I do expect to be in the office all day on Monday and Tuesday.
See you Tuesday evening!
•
HOME OF THE MINNESOTA STATE FAIR AND THE U OF M INSTITUTE OF AGRICUL: URE
(~~~ PRINTED ON RECYCLED PAPER
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MEMORANDUM
To: Members of the Planning Commission
CC: Heather Worthington, City Administrator;
Peter Lindstrom, Council Liaison
From: Deb Jones, Staff Liaison
Subject: Planning Commission Meeting on September 27, 2005
Date: Septemer 23, 2005
Please notify Staff as soon as possible if you will not be able to attend the meeting of
the Planning Commission next Tuesday, August 23.
• There is a public hearing on a variance applied for at 1374 Larpenteur, and we will need
a quorum in order to vote a recommendation to the City Council. The property is the
site of Thatcher Chiropractic Clinic at the corner of Larpenteur and Hamline. The
gentleman who is purchasing the property intends to remodel the buiding for use as an
eye clinic, a very similar use to what has been there for years.
For details on the variance, please read the enclosed packet. This one is fairly low
impact, and Staff is recommending approval. Please contact me if you have any
questions or concerns. I do expect to be in the office all day on Monday and Tuesday.
See you Tuesday evening!
n
U
City of Falcon Heights
Planning Commission Minutes
• August 23, 2005
PRESENT: Commissioners Harris, Rodich, Heideman, Ryan, Lageson, Mercer-Taylor, Council
Liaison Lindstrom. Also present were City Attorney Soren Mattick, City Administrator Heather
Worthington and Staff Liaison Deb Jones.
ABSENT: Tracy, DeLeo, Lukermann
The meeting was called to order at 7:00 p.m.
MINUTES: The minutes for June, 2005, were approved.
PUBLIC HEARING: Variance Request for 1900 N. Albert Street
Commission Chair Ryan opened the public hearing. Zoning and Planning Coordinator Jones
presented the staff report. The property in question is a double-deep lot at the southeast corner of
Albert and Garden. The property has an existing double detached garage with a driveway off Garden,
the side street. The garage is non-conforming with respect to the required setback on Garden, being
less than 7 feet from the right of way where 15 feet is required. The applicant, Todd Thun, seeks to
build a larger 960 square foot garage (24 x 40) farther from the house but at the same setback, thus
requiring a setback variance of 8.5 feet. The applicant also seeks a variance to build a driveway 31
feet wide where 24 feet is the maximum allowed by the City Code. Although the proposed garage is
substantially larger than most lots can accommodate, no lot coverage variance is needed because this
• property is large enough to accommodate the proposed garage without exceeding the allowed lot
coverage.
The staff findings indicated that, while the property at 1800 Albert does present some unusual
characteristics, having the double depth (295.4 feet) and a corner location, these characteristics do not
pose a hardship but rather offer the owner additional options not available to other property owners for
placement of his proposed garage, options that would not require the variances. Furthermore, staff
found that no substantial hardship would be imposed by denial of the variances.
Todd Thun, owner of 1800 N. Albert, next spoke to the Commission. He said that the existing garage
needs to be replaced and that his family would like a larger garage to accommodate workshop space
or, in future, more vehicles. The new garage would be 10 feet from the house instead of the present
3.5 feet, which would improve drainage. However, moving the garage back to the required setback
would spoil the view of the back yard from the house and require the removal of established trees. He
ruled out building the garage farther back on the lot because it would require a new curb cut and
additional sidewalk, which would add to the cost, and because it would be inconvenient for family
members to walk the additional distance to the garage and clear snow from the additional walk. Mr.
Thun answered questions from Commissioners about the details of his proposed garage.
DISCUSSION
As there were no members of the public who wished to speak, the public hearing was closed, and the
Commissioners took up discussion of the proposed garage and the requested variances. Several
• Commissioners offered ideas for placement of the garage that would conform in every respect to the
Code, including moving the garage considerably farther back on the lot so as not to block the view
City of Falcon Heights -Planning Commission Meeting of August 23, 2005 -Page 1 of 2
from the house, acknowledging that this might require removal of one or more trees. Commissioner
Lageson suggested building a separate workshop and rebuilding the garage on the current footprint,
• which would allow the owner to keep the existing non-conformity. Commissioner Rodich suggested
an addition to the existing garage. The applicant said that he was unwilling to consider other options
because of cost and inconvenience.
Commissioner Heideman expressed concern about maintaining the existing nonconformity as it means
the owners' cars are parked on the public right of way portion of the driveway and setting a precedent
for the other non-conforming garages on Garden. Commissioner Harris agreed that zoning standards
need to be maintained where that is possible, and in this case, legal options do exist. She would
recommend denial. Commissioners Ryan and Mercer-Taylor both felt that no substantial hardship is
demonstrated and that the case does not meet the standards for granting the variance.
After some additional discussion, Harris moved, Mercer-Taylor seconded, to recommend denial of the
two variances. Motion passed with 4 in favor, 2 opposed.
The final decision will go to the City Council in July, most likely July 13.
INFORMATION AND ANNOUNCEMENTS:
Staff Liaison Jones informed the Commission that the Black Bamboo restaurant variances were
approved by the City Council in July, and that the owner is still seeking financing for the project.
City Administrator Worthington gave an update on the Falcon Heights Town Square redevelopment
project. According to Sherman Associates, the new multi-family building has had the "fastest lease-
• out rate" of any of their projects. There have been some parking issues. The City is working with
Sherman Associates to resolve the parking problems. Ground will be broken for the townhomes after
the State Fair. Plans for the townhome phase have been submitted to the City and permits will
probably be granted in mid-September. Four tenants have leased commercial space in the new
building. One commercial unit remains which could be divided into two units. The sidewalk will be
extended down Snelling as planned to provide access to the park.
ADJOURNMENT
The Planning Commission meeting was adjourned at 7:58 p.m.
Respectfully submitted,
Deborah Jones, Staff Liaison
City of Falcon Heights -Planning Commission Meeting of August 23, 2005 -Page 2 of 2
ITEM 1
9/27/05
ITEM: Variance requests for 1347 Larpenteur Avenue
SUBMITTED BY: Deborah Jones, Zoning and Planning Coordinator
REVIEWED BY: Heather Worthington, City Administrator
Roger Knutson, City Attorney
EXPLANATION:
Back~round/History/Property Description:
1347 West Larpenteur, PIN 152923340132, is located at the northwest corner of the intersection
of Larpenteur Avenue and Hamline Avenue in Falcon Heights. The legal description is "Except
for road easement, the east 96 28/100 feet of lots 8 and 9, Larpenteur Villas." The parcel is
approximately 96 feet wide by 172 feet deep, with an area of approximately 16,553 square feet.
The property is zoned B-1 "Neighborhood Convenience District" and has been used for local
commercial enterprises for at least 45 years, most recently as a chiropractic clinic. The
Hamline/Larpenteur intersection has commercial uses on all four corners, in Roseville and St.
Paul as well as Falcon Heights. 1347 Larpenteur is adjacent to residential property, R1 on the
north and west. The existing improvements consist of a principle structure built in 1959.
• The 1347 L enteur arcel is bein sold to ether with the v
arp p g g acant parcel immediately to the
west. The second parcel, PIN 152923340020, is 50 feet wide by 172 feet deep and is zoned R-l.
The parcel has no address and no structures; the only improvement is landscaping and a section
of the parking lot for 1347 Larpenteur. Although this parcel is separate from the B-1 property
and has different zoning, it is visually and practically (but not legally) part of the 1347
Larpenteur parcel and is listed as "commercial" under County land use definitions.
The prospective new owner of the two parcels, Dr. Omar Awad, requests a setback variance of 8
feet on the east (Hamline Avenue) side of the building to construct a new entrance foyer and
porch. The proposed new entrance is part of a general remodelling of the existing building for
use as an eye clinic, a permitted use in B-1 zones. The west side of the building presently does
conform to the required 30 foot setback, but there is no room to build an entry without a
variance. The reasons for building the new entry on Hamline are
• The present entrance facing Larpenteur is not easily accessible to patients parking behind the
building.
• An entrance facing Hamline would present a more welcoming facade to the community than
an entrance facing the parking lot.
Additional notes:
• The existing building is nonconforming with respect to setback on the west side, but no
change is proposed on that side and no variance is requested on that side.
•
Staff Report: 1347 Larpenteur Variance -September 27, 2005 Page 1 of 4
• The applicant is not applying for rezoning of the 50 foot parcel or lot combination of the two
• parcels at this time.
Analysis
a. That the granting of the variance will not be detrimental to the public welfare.
Staff finds that 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.
Staff finds that granting 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.
Staff finds that granting of the variance is nessary for the preservation and enjoyment of
substantial property rights. It is reasonable and desirable for a business to have a main entrance
that is both welcoming and attractive to the community and accessible to customers and
employees.
• d. That the variances will not impair an adequate supply of light and air to adjacent
property.
Staff finds that the variance will not impair an adequate spply of light and air to adjacent
properties.
e. That the variance will not impair the orderly use of the public streets;
Staff finds that the variance will not impair the orderly use of public streets.
f. That the variance(s) will not increase the danger of fire or endanger the public safety;
Staff finds 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.
Staff finds that the characteristics of the property do not distinguish it substantially from other
B-1 properties in Falcon Heights. However, it should be noted that the number of B-1 properties
•
Staff Report: 1347 Larpenteur Variance -September 27, 2005 Page 2 of 4
in the city is very small and each one has particular characteristics not shared by the others.
1372 Larpenteur's uniqueness lies in its tie to the adjacent lot. Under the present circumstances
• no entry can be built on the west side because the building is only 5 feet from the property line,
although there appears to be over 50 feet of available space. Furthermore, a west entry would be
impractical because the west side faces away from both the parking lot and the two adjacent
streets and an xray facility is located at that end of the building. Requiring the owner to place the
entry at the rear (north) would create a hardship in that it would face only the parking lot and
have the effect of the business "turning its back" on the street.
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.
Staff finds that the variance is not sought principally to increase financial gain to the owner. The
proposed entrance is a reasonable amenity for a successful neighborhood business. Denial of the
variance will require the owner to choose a plan that either turns away from the public or creates
inconvenience for customers.
i. 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 of 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.
Comments from Residents and Businesses: No comments from the public have been received
by Staff as of September 23, 2005
Staff Recommendation:
Staff recommends approval of the variance for the following reasons:
• An public entrance sheltered from weather is a reasonable and desirable feature for a clinic
that provides health services to the public.
• The proposed new entrance is a good compromise between providing easy access from the
parking lot and offering a welcoming facade to the community.
• The encroachment of the building into the required setback is relatively minor and will have
little or no impact on the perceived size of the building or on traffic sight lines at the
intersection of Hamline and Larpenteur.
• The proposed entrance is part of a general remodelling of the building that will update and
enhance its appearance, which will benefit the community as a whole.
•
Staff Report: 1347 Larpenteur Variance -September 27, 2005 Page 3 of 4
•
Attachments:
• Variance application with attached letter from applicant
• Site map
• Partial floor plan showing proposed new entry
• Concept drawing
• Legal notice of public hearing
• Letter to property owners within 350 feet.
• Map of 350 mailed notice area
•
Action Requested:
• Open Public Hearing
• Take comments from the audience
• Close the Public Hearing
• Discussion
• Recommend approval of Resolution OS-_
variance for 1347 W. Larpenteur Avenue.
to the City Council, approving the requested
Staff Report: 1347 Larpenteur Variance -September 27, 2005
Page 4 of 4
•~
City of Falcon Heights
Planning Application
Action Requested By: p ,, _
Name of Property Owner ~U~~'i7 ~ ~e l ~/lr~~~CiL1 ~i/ _
Phone (h) ~ ~/- %/) ~ - ~~~ ~,~ (w)
Address of Property Owner D ~~ / <
Name of Applicant (if different) ('~~t~~r ~tW ~, '
Address
Property Involved:
Address
Legal Description _
D ~~
Property Identification Number (PIN) (~ •~y . Z~ ~ ~'~ ~ (~ is'~
Present Use of Property (check one):
^ Single Family Dwelling
^ Duplex/Two Family Dwelling
• ^ Multi Family Complex
Action Requested (NON-REFUNDABLE):
.Variance ($100.00)
^ Conditional Use; Permit ($165.00)
^ Rezoning ($500.00)
~ Business/Commercial
^ Governmentllnstitutional
^ Vacant Land
^ Lot Split ($250.00)
^ Site Plan Review ($100.00)
^ Other (Please Specify)
Brief Summary of Request (applicant may submit letter to Planning Commission with
details of request):
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1 certify that all statements on this application are true and correc .
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• Signature of Properly Owner (required) Signature of Applicant (if applicable)
S:\FORMS1Zoning and Building Forms\PLANNING APPLICATION.doc 3/29/2005
•
AUG ~ ~ ?005
August 31, 2005
Planning Commission
City of Falcon Heights
2077 W. Larpenteur
Falcon Heights, MN 55113
Re: 1347 Larpenteur Ave W
P. I . N. 15.29.23.34.0132
Dear Planning Commission:
I am considering purchasing the building at 1347 W. Larpenteur which currently houses the
Thatcher Chiropractic Clinic. I would like to remodel the building interior, replace the roof, update the
landscaping, and open an eye clinic to serve the community. I would like to move the entryway to the
side of the building which faces Hamline Ave. The goal is to have an entrance that is more visible and
welcoming to the community. We would like to add a 6 foot maximum vestibule entryway on to the side
of the building which faces Hamline Avenue.
•
Sincerely,
~ ~d w~
OmarAwad M.D.
Awad Eye Care, LLC
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CITY OF FALCON HEIGHTS, MINNESOTA
• PUBLIC HEARING NOTICE
NOTICE IS HEREBY GIVEN, that the Falcon Heights Planning Commission will
meet on September 27, 2005, at approximately 7:00 p.m. at Falcon Heights City Hall, 2077
Larpenteur Avenue West, Falcon Heights, Minnesota 55113, to consider a setback variance for
property located at 1347 Larpenteur Avenue West, Falcon Heights, Minnesota, legally described
as:
The East 96.28 feet of Lots 8 and 9, Larpenteur Villas, except road easement,
according to the recorded plat thereof, Ramsey County, Minnesota.
All persons who desire to speak on this issue are encouraged to attend and will be given
an opportunity to be heard at this meeting. Additional information can be obtained by contacting
• the City of Falcon Heights at (651) 644-5050.
Dated:~~,~ ~ , 2005.
Heather M. Worthington, City A 'strator/Clerk
City of Falcon Heights, :Minnesota
•
120546v01
2077 W.LarpenteurAvenue
Falcon Heights, MN 55113-5594
email: mailC~ci.falcon-heights.mn.us
website: www.ci.falcon-heights.mn.us
September 13, 2005
Dear Property Owner:
Phone - (651) 792-7600
Fax - (651) 792-7610
The owner of 1347 Larpenteur Avenue, known as the Thatcher Chiropractic Clinic, has applied
for an 8 foot setback variance in order to build an entrance foyer on the east side of the building,
facing Hamline Avenue. The property is being sold, and the new owner plans to renovate the
building for use as an eye clinic. The proposed foyer is the only change to the present footprint.
A 30 foot setback is required on the Hamline side; the proposed foyer plus overhang would
extend 8 feet into the required setback.
A public hearing on this variances will be held on the date stated below, at the September
meeting of the City Planning Commission.
.,
Tuesday, September 27, 2005
7:00 p.m.
City Hall Council Chambers
A copy of the published legal notice is enclosed. We encourage you to attend the hearing to
share with the Commission any comments or concerns you may have on this matter. Please call
651-792-7613 if you if you have any questions or wish to have your comments recorded before
the meeting. You may also send written comments to me at City Hall or by email to
djones@ci.falcon-heights.mn.us.
Thank you,
Deborah Jones
Zoning and Planning Coordinator
•
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