Loading...
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 r~ L 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): ~ ~rarri aln c~ ~ ~~ A i~'I.a 1 °l~t~C.r~t rTwvYt ~i11 ~ i~'1f'e ~~ ~~~ s; ~~ ~ ~ s ~3c `~~~' ~~'~ ha~-~~ uy~r~.~ ~es~-~ Male ~t/l,~f~tte ~m 5: ~e ~' ~. ~a~c~Z~ r~.~ . 1 certify that all statements on this application are true and correc . . ~~ L ' ~ I~/ ~~G • 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 C7 • • • ~ 2aE9• - _ ~ _.. ... .. ..w', e .. ..,. _.. _. .,...... 0 v ~ w fn °o N q O C T ~ O ^ -~-, rw' Fr «~ O ~ N .~ • C ~ ,d '~ M U [.~~N ~ ^ N W _. . . 8 519 ~ . ~, .0.w ~~ . ° v v p ` ~ 'SA°' YY8.A3 Y' ~.HS' ~ ce ~ O yL U ~ OW tA 6' C .. N.+ ~ ~ F ' 1 . ~ 'r ^y ~d N ~ y ~ p C ti y N ro _ ti ~.r '[7 y ~ ~ F .[C a 7 y ~ A, W ~ O C Q ~ ~ ~ ~ ~ ~ ^ V/ ~ ~ Jrl ~ ~ ~ y ~ O U o ~] 1"~ b'~ ~ 3 .N., ~ G N ~ A _ ~ 7 ~ ~ ~~ ~ • ~ ~~ ~ N .. ~"U ~...w ~' ~ ~ `~ ~ - ~ o b ~ N ~ ~C ' C O7 0 i.. ctl ., ~ C7 ` ~ ,. y .. ,+~~' N Es. dll Y. .. ~ V ^ .~ N " O N y .~ ~'~ ~ .d ' F~VI U O O N ~ h N .d .-' a "' Q a ""-~ U ro , y '. ~;. ~ E v~ W U ~,.7 O • • // ~1 % __,~ • __ • N • ~. +?~ ~ "'YO 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 • HOME OF THE MINNESOTA STATE FAIR AND THE U OF M INSTITUTE OF AGRICULTURE (~~~ PRINTED ON RECYCLED PAPER r • #., i ,~ f.. j ~~ g I,. v ,.-~"'` w /"~f . o 'O N _ ~' ~ ~ o i ~ v ,°,'v i ~~-_,.,_ - o w -,..``- i o `~ ~ ~~~-~ ~ ~w~s j-_-------~ ~. ~.~ ~ _ ~ b ~ ~~ a~~, ~ ~ ,~ _ _ _ - ~ ~ _~ ~, ~ ~ ~ ~ _ t~ o ff z , ~ - j -.~ ~ /~ 1 ~ ~ # Q ~ 1 ~ t I N c6 id ei y N ~ ~ ~ i a „v .~ 0 ~ ---'_i t ..:......._'..._i_.._.._ ~.. _.-.....__ p won o r. _ ~ ~ ~ ~ _. ~ - .--• - -• ~ a ~° ~" ~ ~ ~ ~ ~ i ~ - R € 1 ~ ~~ V1 ~ s. ~ 3:~ ~ ~i O o ~.. ~ ~ i { i ~ i i j 1»» .. ~ O p ~~ ... ~ ~ a~~ ~ ~ 1 _- ~ _ ~ ~ ~ .C ~O vi i ~ ~ w ~ y 4 ~ ~ o ~ N ~ ~' ~. ~ ` ~ ~ m F ~ ~ ~. Qi ~» ~ I ~. ., ey .. :~ 3' ~ I 1I ~ _ ~_ ~ o y U N 5 ., °' i ~ ~a~. ~~ ~ ~ _. 1 I f ~ ~ ~ , .~ _ _,_~ ', ~~ a ~,..,~ :8 ~c F"' m o U O 1 I ~ _O N ~-. ..~ ,~ .. r ~ ~ <, S .o..n. ....... . ~ ~ y i ~ ~ Q e- ~ t1 `4 5` n: ~ ~ ~ ~ - ~a~= ~ _~ ~ ~ ~~ ~"~ { ~ ~ -~ ~~ ;~~e __. ~._ :.. _ _ __ _ ___ W ~.. _. ~ T ~ ~ r ~