HomeMy WebLinkAboutPCAgenda_04Aug24City of Falcon Heights
Planning Commission
City Hail
2077 W. Larpenteur Avenue
Tuesday, August 24, 2004
7:00 p.m.
AGENDA
A. CALL TO OkDER: 7 p.m.
B, ROLL CALL: Tracy Lukermann Harris Lageson
Maher Heideman DeLeo Ryan
Ziebarth Council Liaison Lindstrom
City Administrator Worthington Staff Liaison Jones
City Attorney
• C. APPROVAL OF.MINUTES: June 22, 2404
D. PUBLIC HEARING:. Variance at 1885 Asbury
E. AGENDA ITEMS:
1. Recommendation to the City Council on the variance at 1885 Asbury.
F. INFORMATION AND ANNOUNCEMENTS
G. ADJOURN toworkshop
Workshop Discussion: Chapter 9, .Part 15: Administration and Enforcement
• Enforcement
• ..Appeals
• Variances
• Conditional Use Permits
• Interim Use Permits
• Amendments
City of Falcon Heights
Planning Commission
City Hall
2077 W. Larpenteur Avenue
Tuesday, August 24, 2004
7:00 p.m.
AGENDA
•
A. CALL TO ORDER: 7 p.m.
B. ROLL CALL: Tracy Lukermann Harris Lageson
Maher Heideman DeLeo Ryan
Ziebarth Council Liaison Lindstrom
City Administrator Worthington Staff Liaison Jones
City Attorney
C. APPROVAL OF MINUTES: June 22, 2004
D. PUBLIC HEARING: Variance at 1885 Asbury
E. AGENDA ITEMS:
1. Recommendation to the City Council on the variance at 1885 Asbury.
F. INFORMATION AND ANNOUNCEMENTS
G. ADJOURN to workshop
Workshop Discussion: Chapter 9, Part 15: Administration and Enforcement
• Enforcement
• Appeals
• Variances
• Conditional Use Permits
• Interim Use Permits
• Amendments
•
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 August 24
Date: August 13, 2004
After a relatively quiet 2003, there seems to be a lot of zoning activity this year! A variance has
been applied for at 1885 Asbury, and it is on your agenda for the upcoming meeting on August
24, with public hearing. We need a quorum! Please let Staff know if you will be absent.
• This case is less clear cut than the last two residential variances considered by this Commission.
Staff put a lot of thought and discussion into the recommendation. The deciding factors, in the
end, were the unusual lot dimensions on the blocks between Snelling and Asbury and the desire
to let this homeowner go ahead with the same type of additions we have allowed for other
residences on those shallow lots. See the staff report for details. If you want to discuss this with
Staff before the meeting or if you have any questions, please get in touch with me or Heather.
As we have another potential hearing coming up in September (petition for permit parking on
Lindig -not yet filed), and that matter will probably take a lot more time than this variance, it
seemed a good idea not let the discussion on Chapter 9 lapse all the way into October. Therefore,
I scheduled a workshop at the end of this meeting to take a look at Section 15 of Chapter 9, one of
the areas we haven't covered yet. Since the Commission has had recent "hands-on" experience
with the issues this section, it would be an excellent time to go over it, while impressions are still
fresh in our minds. We'll spend only as much time on this as you wish.
You all should have copies of the section; if not please email me on Monday or download the file
from the website: http://www.ci.falcon-heights.mn.us/code/CH9-Part_15.pdf
The file on the web does include the Interim Use provision; the copy you were given in a
previous packet does not. However, you received a copy of the Interim Use ordinance with the
packet for the TIES hearing last month.
See you Tuesday evening!
•
CITY OF
•
FALCON HEIGHTS 2077 W. Larpenteur Avenue
Falcon Heights, MN 55113-5594
email: mailC«~ci.falcon-heights.mn.us Phone - (651) 644-5050
website: www.ci.falcon-heights.mn.us Fax - (651) 644-8675
MEMORANDUM
To: Members of the Planning Commission
CC: Heather Worthington, City Administrator;
Peter Lindstrom, Council Liaison
From: Deb Jones, Staff Liaison
Subject: Planning Commission Me%ting on August 24
Date: August 13, 2004
After a relatively quiet 2003, there seems to be a lot of zoning activity this year! A variance has
been applied for at 1885 Asbury, and it is on your agenda for the upcoming meeting on August
24, with public hearing. We need a quorum! Please let Staff know if you will be absent.
. This case is less clear cut than the last two residential variances considered by this Commission.
Staff put a lot of thought and discussion into the recommendation. The deciding factors, in the
end, were the unusual lot dimensions on the blocks between Snelling and Asbury and the desire
to let this homeowner go ahead with the same type of additions we have allowed for other
residences on those shallow lots. See the staff report for details. If you want to discuss this with
Staff before the meeting or if you have any questions, please get in touch with me or Heather.
As we have another potential hearing coming up in September (petition for permit parking on
Lindig -not yet filed), and that matter will probably take a lot more time than this variance, it
seemed a good idea not let the discussion on Chapter 9 lapse all the way into October. Therefore,
I scheduled a workshop at the end of this meeting to take a look at Section 15 of Chapter 9, one of
the areas we haven't covered yet. Since the Commission has had recent "hands-on" experience
with the issues this section, it would be an excellent time to go over it, while impressions are still
fresh in our minds. We'll spend only as much time on this as you wish.
You all should have copies of the section; if not please email me on Monday or download the file
from the website: http: //wuvw. ci .falcon-heights . mn . us/code/CH9-Part_l5 . pdf
The file on the web does include the Interim Use provision; the copy you were given in a
previous packet does not. However, you received a copy of the Interim Use ordinance with the
packet for the TIES hearing last month.
See you Tuesday evenuig!
•
HOME OF THE MINNESOTA STATE FAIR AND THE U OF M INSTITUTE OF AGRICULTURE
~~~ PRINTED ON RECYCLED PAPER
City of Falcon Heights
• Planning Commission Minutes
June 22, 2004
Chair Pamela Harris called the meeting to order at 7:00 p.m. and welcomed the visitors present and
the cable viewing audience.
PRESENT: Commissioners DeLeo, Harris, Heideman, Lageson, Maher, Ryan, Ziebarth, Council
Member Lindstrom. Also present was City Administrator Heather Worthington, City Attorney Joel
Jamnik and Staff Liaison Deb Jones.
ABSENT: Lukermann (with notice), Tracy
The minutes of the May 25, 2004, meeting were approved.
AMENDMENT TO CITY CODE FOR THE B-3 ZONE PROPOSED BY T.I.E.S. TO ADD
RENTAL OF STORAGE SPACE AS AN INTERIM USE.
Preliminary to the public hearing, Staff Liaison Jones presented the staff report on matter before the
commission this evening, an application from T.I.E.S., 1667 N. Larpenteur Avenue, to add as an
interim use in the B-3 Zone (Snelling Larpenteur Community Business District) the rental of storage
space in existing buildings. The proposed interim use is as follows:
Private storage of vehicles, small trailers, recreational vehicles, equipment or tools, community
• theatre equipment, materials and similar items, when stored within existing accessory structures.
If the Council were to approve this ordinance, an interim permit would be required, as stated in
Chapter 9, Section 15.08, with procedures similar to those for a Conditional Use Permit. It is the
City's understanding that it is the intent of TIES, if this ordinance is adopted and a permit is granted,
to rent or lease storage space to businesses and private individuals.
City Staff does not support the proposed amendment, said Ms. Jones, in view of the following
findings:
• The proposed use does not fit the purpose and intent of the Snelling and Larpenteur Community
Business District, as set forth in Section 9-10.01 Subdivision 1.
• The proposed use would apply to all properties in the B-3 zone, not just the TIES property, and
would enable any property owner in B-3 to consider a similar use.
• The proposed use is not the "highest and best" use of land in the central commercial district of the
City.
• Owners of other properties at Snelling and Larpenteur have invested and will invest millions of
dollars to redevelop their properties and to enhance the appearance and quality of existing
development. This proposed use does not complement those efforts.
• The proposed use is vaguely worded enough to include the possible storage of items and
materials which could have a negative impact on neighboring residential and commercial
properties and on public health and safety.
• Even if specific conditions and limits were included in the actual permit, enforcement would be
costly and difficult for the City. Staff is not confident that effective enforcement would even be
possible.
• • There are security risks related to the storage of materials, especially vehicles, in a location
immediately adjacent, not only to a residential neighborhood and to the commercial core of the
City, but to one of the busiest intersections in the Metro area.
City of Falcon Heights -Planning Commission Meeting of June 22, 2004 -Page 1 of 7
• All of the above objections apply, whether the proposed use were to be interim, conditional,
accessory or permitted. In addition:
• The proposed use does not fit the purpose and intent of the Interim Use Permit, as defined in
9-15.08 Subdivision 1. The applicant is not presenting this as a temporary use (paragraph a), a
presently acceptable use that is expected to become unacceptable or to be replaced in the future
by a permitted or conditional use in the district (paragraph b), or a use in anticipation of long
range change to the area (paragraph c).
In consideration of all the above, Staff's recommendation was that the Planning Commission deny
approval of the proposed amendment to the City Code.
The public hearing was opened by the Chair.
Tom Bertz, facilities manager for T.I.E.S. spoke first. He asked if he would be able to respond to
questions from other speakers later if he spoke first. On being assured by the Chair that he would, he
said he wished to address the Commission. He said that, as he had not been aware that Staff did not
support the application, he was not prepared with answers to the findings. The issue came up in
March, he said, when a tenant came to the City to get permission for a sidewalk sale. When it was
found that the tenant was not using the property legally, T.I.E.S. was required by the City to cancel
existing storage leases and move stored material off the site. This caused a loss of $12,000 revenue
for the non-profit.
Mr. Bertz distributed a site plan showing the areas that T.I.E.S. proposes to use for leased storage.
All are in existing buildings, and the stored items were mostly boats, snowmobiles and some "Back to
• the SOs" cars. Space was also leased to Rosetown players, who lost their former home in Roseville
City Hall. He said he did not know it would be a problem to use the property for storage. Most of the
site is not adjacent to a residential area.
If the amendment is approved, T.I.E.S. would offer six-month contracts, October through April and
April through October. There should not be a lot of additional traffic. There would be no new
construction; only existing accessory structures would be used, and the use would cease when the
buildings come down. There are long term plans to eliminate both the old firehouse and the pole
barn, which are included in the plan for interim storage. There would be no outside storage. Mr.
Bertz pointed out that the buildings were being used up until March, with no one even being aware,
so the impact would be minimal. He added that Hollywood Court residents use the parking lot for
access to their neighborhood, and they don't want obstruction to that.
In response to a question from Commissioner Maher, Mr. Bertz said that when T.I.E.S. bought the
building they knew there was more space than they needed and that they would rent space to
associated organizations. He listed the present tenants, which include several organizations, such as
the National Youth Leadership Council and Rosetown Players, which are headed by Falcon Heights
residents.
Jim Bykowski of St. Marys Avenue said he came because of the notice published in the newspaper.
He thought it was vague. He asked if the City has any ordinances regulating storage and whether this
amendment would allow future expansion of storage into the current parking lot. He is concerned
that a future owner might turn the property into a permanent ministorage facility.
• Ms. Jones replied that the City Code does not presently have any definition of leased storage (this use
is not allowed in any zone at present) as differentiated from storage that is accessory to a permitted
use (which is legal), that the proposed amendment was accepted verbatim from the applicant on the
City of Falcon Heights -Planning Commission Meeting of June 22, 2004 -Page 2 of 7
advice of the City Attorney, and that the applicant had not offered a definition. She explained that if a
• use is not specifically mentioned in the code as permitted, accessory, conditional or interim, then it is
not allowed at all.
Mark Harrington of Hollywood Court asked if it is T.I.E.S. intention to "ramp up" to more storage.
Other than being waked up early one morning when they were getting a boat out, he has had no
problem with T.I.E.S. and considers them a good neighbor. Mr. Bertz replied that TIES, at this point,
has no intention of increasing the storage. They simply want to make legal what they were already
doing. Mr. Harrington said, in that case, he had no objection, but if there is an increase he would ask
for limits on the hours of access.
Frank Meah of Hollywood Court asked about the area "D" on the map. He understood it was used
last year for storage of furniture and asked if the City knew about it. City Administrator Worthington
replied that the City did enforce on TIES for an illegal tenant, and they did comply. She told the
Commission that the matter came to light when that tenant inquired about holding a sidewalk sale and
it was found that the tenant did not have a business license and, further, that the tenant was using the
space illegally. After subsequent meetings with TIES it came to light that all the space in question
was being used illegally. Mr. Bertz responded that the tenant in question was licensed to do business
in Roseville and used the TIES space for cold storage and a location for accepting deliveries. The
business does redecorating and installs carpet.' Ms. Worthington said that it is immaterial that the
tenant has a business license in Roseville. He intended to carry on retail sales in Falcon Heights, and
is required to have a Falcon Heights business license to do business in the City.
Mr. Meah said that TIES is a good neighbor and he is glad they are there. Hollywood Court is a small
neighborhood of only eighteen houses. Last year an occupied recreational vehicle was parked at
TIES. Is it TIES intention to do more of this? Mr. Bertz said that the vehicle in question was owned
by a TIES employee who lives in Mora, who asked permission to park there to avoid driving back and
forth to Mora. Mr. Meah also expressed concern about the gas pump on the TIES site. Mr. Bertz said
the pump is used for the TIES fleet of seven cars. If they did not use it they would be required to
remove the tank at a cost of $85,000; it is not for public use. The tank is tested every year and has a
monitoring system installed by Harvest States, former owner of the facility.
Rita Smith of Hollywood Court spoke next, noting that the neighborhood was well represented.
When she first received the notice of the hearing she imagined the back parking lot would be fenced
and full of stored vehicles. However, she sees that the request is to use the out buildings as they were
intended. She asked if vehicles would be coming and going and if there is a time frame. Mr. Bertz
said TIES had not asked for a specific interim at this stage. Also, vehicles would typically not be
coming and going; they would be stored for several months at a time.
Bob Skundberg of 1624 Hollywood Court wanted to back up some of the things his neighbors had
said and to share their concerns. As worded, the application says "structures," which is not the same
as building and could include parking lots. He repeated that TIES has been a good neighbor, but he
said Hollywood Court residents have all had a "good lesson in incrementalism" from the fairgrounds"
and that is why they are "gun shy" about changes. When he moved in eleven years ago, all the
residents had to deal with was the State Fair. Now, there's traffic and crowds every weekend and
difficult access. "We're constantly under assault," he said. He has no objection to the current use,
but once you change the zoning laws you open the door to other things.
Mr. Skundberg asked who would be renting the storage space. Mr. Bertz said that at present the
• leases only go to TIES employees and their families and to tenants and their families, and that would
be their policy. When asked about the Old Town business, he admitted the owner was a close friend
City of Falcon Heights -Planning Commission Meeting of June 22, 2004 -Page 3 of 7
of his who needed the space. Mr. Skundberg reiterated that TIES has been a good neighbor and he
• didn't see any objection as long as there are no changes.
Judy Baldwin, Hollywood Court resident, said that the neighborhood was particularly vulnerable
when Harvest States left and the property was vacant for three years. They hoped to find a good
neighbor, and TIES had been that.
Rita Smith spoke again, saying that she favored the interim use on a trial basis for a year. She
supports the company's educational mission and suggested a coffee shop on the site. Mr. Bertz said
this has been considered but he doesn't know if it would be allowed.Z
Jim Bykowski returned to the podium to say that, if the Commission chooses to override the Staff s
recommendation, it is the Commission's responsibility to develop ordinances defining and regulating
leased storage as an ongoing business in the City, what that means and what would be acceptable.
We have a very small business community and we want to support them, but, he said, that does not
mean we can let businesses define how they use their space and how we live in our neighborhoods.
He challenged the Commission to write the ordinances for this use before they offer this use or make
any agreement with TIES.
Ms. Worthington responded that storage is not addressed in the code because it is not a legal use
anywhere in the City. She stressed that if a use is not listed, it is prohibited. City Attorney Jamnik
confirmed this. What the TIES owner seeks to do tonight is to establish this as an interim use in the
B-3 zone. It would be tightly defined, and then an interim use permit would be required that would
even further confine and describe the particular use being requested. Only the amendment to allow
the potential use is under consideration tonight, not the actual permit. Ms. Worthington added that
. when TIES purchased the property the City had a comprehensive discussion with them about what
uses are legal on the site and had requested that TIES keep the City informed about its lessees to
make sure their uses of the site were legal. Until now they had done so. The City had been thorough
in informing TIES what is legal on their property.
Commissioner Ziebarth asked how many vehicles were being stored. Mr. Bertz said that in Garage A
(see map attached) there was one vehicle in summer, three in winter. In the fire barn there is space
for ten; in the last two years, typically, 5 or 6 have been stored there, winter only. In area A, there is
only winter storage, room for 7 vehicles; this past year was the time it was used. The pole barn has
never been used for storage, but there is room for four vehicles.
In response to a question from Commissioner Lageson, Mr. Bertz confirmed that TIES owns the
blacktop area south of the buildings in question. Mr. Lageson also asked what constitutes "family
members," in application of the above stated rental policy. Mr. Bertz said "immediate family," but he
is not sure how far that would spread out, but in practice it would be, for instance, staff and their
immediate household.
Commissioner Harris reminded the Commission and audience that TIES has not actually made an
application, so the question of who could rent is not under consideration at this time. Only the code
amendment as stated is being considered.
Mr. Bertz offered as a change to the proposed amendment that the name TIES be inserted so the
amendment would be the only allow this use in existing TIES buildings. Councilmember Lindstrom
then asked if the amendment could be written to apply only to the TIES property. Commissioner
• Ziebarth said that this would create a "subzone" for that property and would be a much larger task
than an amendment. Commissioner Harris pointed out that TIES has no intention of this use being
temporary, and Mr. Bertz affirmed that. He said that his discussion with the City led him to feel that
City of Falcon Heights -Planning Commission Meeting of June 22, 2004 -Page 4 of 7
proposing this as an interim use rather than a conditional use would be "more palatable," giving the
• Farmer's Market as an example. Ms. Jones gave clarification that Staff did not suggest the interim
use option to Mr. Bertz. This was his suggestion; Staff merely told him what the procedure was for
applying to amend the code. She listed several dissimilarities between the TIES proposal and the
Farmer's Market interim use.
• Farmer's Market is on site for a period of five hours or less, one day per week, five months of the
year. Storage at TIES would be round the clock, seven days a week, all year.
• Farmer's Market is a public service and community amenity provided by Twin City Co-op Credit
Union without charge to the City, the community or to the Market. Storage at TIES is intended as
arevenue-producing business unrelated to the nonprofit organization's educational mission.
• Farmer's Market is located in the B-2 zone, which is dissimilar to B-3, both by location and by
use.
Mr. Bertz acknowledged that parking is not directly related to TIES mission, but if it is not allowed
they will have to draw that revenue away from their funding for their educational mission, so it does
directly affect their mission.
There being no other persons who wished to speak, the hearing was closed.
Commissioner Heideman offered the observation that Mr. Bertz had characterized Staff objection as
being about appearance and potential blight, but in fact appearance was not mentioned in Staff
findings or given as an objection. Rather, security and safety were issues raised. Commissioner
DeLeo concurred. He said it is pretty clear storage is not allowed in this district, but there may be a
more creative solution.
• Heideman asked the City Attorney if restricting the use to existing accessory structures wouldn't, in
fact, keep the use to the TIES property. Ms. Worthington said she was not aware of any other
detached accessory structures in B-3. She made a distinction between storage as an accessory use to
the principle use in the principle structure and the storage as a primary use in an accessory (detached)
structure, which is under consideration here.
Mr. DeLeo asked if Staff has information about how other cities handle this kind of situation. Ms.
Worthington said that she is not well acquainted with what might be the case in other cities, but
stressed that citizen participation in the Falcon Heights comprehensive plan and in the careful crafting
of the zones were meant to guide future use. She is concerned about "mission creep" distorting that
carefully worked out comprehensive plan.
In response to a question from Commissioner Harris, Ms. Worthington said continuing enforcement
of restrictions on storage would be a major burden on the city. The City does not have the staff
resources to carry out the inspections and enforcement that would be necessary to address the security
concerns that would have to be addressed in the permit.
In response to a question from Mr. DeLeo, the attorney reminded the Commission of the 60-day limit
on consideration of this matter. Mr. DeLeo, sympathizing with the plight of the business person
offered a motion to table the matter and call a special meeting in about a week to work on a passable
solution. Ms. Jones pointed out that the application was dated May 7; it was received 24 hours too
late to be included on the May agenda.3 The motion was withdrawn for lack of a second.
• Commissioner Ryan expressed sympathy for TIES and acknowledged they are a good neighbor, but
said he agrees with the City Administrator that this does not harmonize with the comprehensive plan.
He does not think we should go in that direction and change the code just to accommodate what one
City of Falcon Heights -Planning Commission Meeting of June 22, 2004 -Page 5 of 7
business would like to do. Commissioner Ziebarth added that a code applies generally; it is difficult
• to limit it to a specific case. There are other strategies for a business to generate revenue within that
site, but coming up with those is not the task of the Planning Commission.
In response to a questions from Commissioner Heideman, the City Attorney said that to restrict this
use to this particular property a new subzone would be required with its own uses defined, and pulling
out exceptions like this could violate the comprehensive plan. Heideman raised the precedent of the
gun shop and adult business exceptions in the code. Worthington affirmed that these exceptions were
"carved out" by a State mandate, and that is not the case here. Harris summed up her objections to
the amendment: fragmentation of the comprehensive plan for the benefit of one business, security
issues, costs to the City.
Mr. DeLeo asked noted that basement storage is allowed as a conditional use in B-3. He says he
doesn't see the harm in allowing use of the space that it was built for. Attorney Jamnik informed the
Commission of the history of the interim use permit legislation in Minnesota as giving a durational
limit on what is, in effect, a conditional use permit. Commissioner Ziebarth asked Staff if an interim
use is designed to be temporary until, say a building is torn down, or if it is a trial. Ms. Worthington
said that the Farmer's Market was instituted as an interim use so the City would have the option of
terminating or changing the use if the Market created problems for the neighborhood: it was atry-out.
Commissioner Heideman said that when the comprehensive plan was adopted in 1991, Harvest States
was still in the building and had a much greater impact on traffic and the surrounding neighborhoods
than TIES will ever have. The property is unique; she is not sure the conditions that would allow
storage their could be duplicated anywhere else in the City. She does not know how to reconcile this
with the comprehensive plan and the security issues. Ziebarth says she reconciles it by asking what
• are the benefits, what are the risks, who gains, what is the cost? Harris asked if TIES could let the
space be used without charging. Worthington answered that it is the use that is at question, not the
revenue; the use was still be illegal.
Heideman asked how these same concerns were addressed when Harvest States occupied the
property. Worthington replied that Harvest States' use of the space was accessory to their primary
business -storage of their vehicle fleet, etc. The City's concern is that there would be no way to
know what the lessees are storing on a day to day basis. The frequent inspection necessary would be
a burden to the city. She agreed that Harvest States could have stored hazardous materials there
without the knowledge of the City.
Commissioner Ryan moved that the application be denied, Lageson seconded. The motion passed, 5
in favor, 2 opposed. This could be included as part of the Commission's ongoing review of the
zoning ordinance
Commissioner Ziebarth moved that the Commission look at the question of leased storage space in
detail at some future time. DeLeo seconded. Motion passed.
INFORMATION AND ANNOUNCEMENTS
Councilmember Lindstrom gave the Commission an update on the ordinance on cars for sale. The
Council did pass the ordinance with one modification. Larpenteur was taken off the list of streets
named. The reason is because Larpenteur provides the only parking for apartments along the only
piece of Larpenteur where parking is allowed.
City of Falcon Heights -Planning Commission Meeting of June 22, 2004 -Page 6 of 7
Commissioner Harris added that the Council had also authorized no parking sign on the frontage road
for the recent car event, which was much appreciated. She asked Staff if there has been any
enforcement on the parking ban. Ms. Worthington said the City has enforced a couple of times. As a
public service the City put notices on the cars to let the owners know about the change, and for a
while the cars were gone, but a few trickled back. Harris said residents are happy about the change.
ADJOURNMENT
The meeting was adjourned at approximately 8:30 p.m.
Respectfully submitted,
Deborah Jones, Staff Liaison
End Notes
This was the first time City Staff had heard the Old Town business described this way. The
business card originally given to Staff by the owner of Old Town says "Old Town Services,
Restoration and Preservation, Shop Finishing and Refinishing, Lawn Furniture, Outdoor Plant
Stands, Yard Art, Decorative Painting, Irritating Paint Jobs." One of Staff's original concerns, in
addition to the lack of a business license and the illegal use, was the possibility of hazardous
chemicals being used on the site. It was in response to this concern that Mr. Bertz and Mr. Coil,
owner of Old Town, assured Staff at a meeting on Apri12, 2004, that the business was only using
the TIES site for storage, which was also an illegal use.
• Although the code enforcement case was the reason for TIES zoning application being initiated,
the code enforcement issues played no part in Staff findings on the zoning application. Questions
on the code enforcement case should be addressed to City Administrator Worthington or Zoning
& Planning Liaison Jones.
2. A coffee shop would be a legal use in B-3. The City has never been approached by TIES about
the possibility.
3. In fact, Ms. Jones was understating the amount of time by which the application missed the
deadline for consideration in May. The application would have to have been received by
Tuesday, May 4, in order to allow time to prepare the legal notice for the publishing deadline of
noon on Thursday, May 6. Mr. Bertz was informed of this by telephone and email on April 12
following his meeting with City Staff on that date. The May 4 deadline was also stated in a letter
sent April 12, copied to Lee Whitcraft, co-owner of TIES. It should also be noted that, upon
receiving the application on May 7, the City immediately notified TIES in writing of its intention
to extend the time limit to 120 days, pursuant to Minnesota Statute 15.99. A copy of both letters
and the email are attached.
•
City of Falcon Heights -Planning Commission Meeting of June 22, 2004 -Page 7 of 7
City of Falcon Heights
Planning Commission
June 22, 2004
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Ph: 651-592-8834
Fax: 651-647-9331
•
Deb Jones
From: Deb Jones
Sent: Monday, April 12, 2004 11:17 AM
• To: 'bertz@ties.k12.mn.us'
Cc: Heather Worthington
Subject: Code Amendment procedure
Mr. Bertz:
I have just spoken to the City Attorney who has given me better information on the procedure you need to go through to
get an amendment to the City Code to provide for an addition to the conditional uses allowed in your zone.
According to our attorney, you do not need a petition with adjacent property owner signatures after all, just the zoning
application I gave you this morning. However, you must provide the exact language for the amendment to the code. The
fee is $250. The process will still have to go through the hearings and approvals I outlined this morning.
If the code amendment is passed by the Council, you may then apply for the Conditional Use Permit with a separate
application and a separate fee of $165. There will be additional hearings at this step.
In order for us to satisfy the published notice requirement for holding a hearing at the May meeting of the planning
commission, we must have your paid application on file no later than Tuesday, May 4. This is determined by the
publication schedule of our official newspaper.
It is our understanding that all parties to whom you have leased space in violation of the City Code will be gone by April 30
Please contact me if you have any questions.
Thank you for your cooperation on this matter.
Deborah Jones
• Zoning and Planning Coordinator
City of Falcon Heights
2077 W. Larpenteur Avenue
Falcon Heights, MN 55113
651 /644-5050 voice
651 /644-8675 fax
djones@ci.falcon-heights.mn.us
website: www.ci.falcon-heights.mn.us
•
April 12, 2004
Tom Benz
T.I.E.S., Inc.
1667 N. Snelling Avenue
Falcon Heights, MN 55113
Dear Mr. Bertz:
Thank you for meeting with us this morning regarding options for potential legal use of T.I.E.S. space for
storage. As we told you this morning and earlier by phone, the least cumbersome approach would be to
apply for an amendment to the zoning code to allow this use as a conditional use in the B3 zone and then
to apply for a conditional use permit.
We also told you a petition would be required to initiate the code amendment. Our City Attorney tells us
• the petition is not necessary, after all, as I informed you in an email after our meeting. You can apply for
the change by filing the zoning application, of which we gave you a copy this morning. The fee is $250,
non-refundable. In order for the required heazing to take place in May, we must have your paid
application on hand by Tuesday, May 4, 2004 (date determined by the publication deadline for the legal
notice of the hearing). If you decide to proceed, you will also need to supply the wording of the requested
code amendment. If the Council eventually passes the amendment, you will then need to apply separately
for a Conditional Use Permit.
In today's meeting you also informed us that T.I.E.S. is leasing storage space in violation of the City
Code to two other entities which you did not disclose at the Apri12 meeting. You assured us that there
are no other undisclosed leases or occupants of the T.I.E.S. property. It is our understanding that all
illegally stored property will be removed by the deadlines set in our letter of Apri12.
Again, thank you for your cooperation in this matter.
Sincerely,
<G~~a~
Deborah J s
Zoning and Planning Coordinator
Cc: Lee Whitcraft, T.I.E.S.;
Heather Worthington, City Administrator;
Steve Westerhaus, Building Inspector;
r:
HOME OF THE MINNESOTA STATE FAIR AND THE U OF M INSTITUTE OF AGRICULTURE
PRINTED ON RECYCLED PAPER
~~
CITY OF
C~
2077 W.LarpenteurAvenue
Falcon Heights, MN 55113-5594
email: mail@ci.falcon-heights.mn.us
website: www.ci.falcon-heights.mn.us
May 7, 2004
Tom Bentz
T.I.E.S., Inc.
1667 N. Snelling Avenue
Falcon Heights, MN 55113
Dear Mr. Bertz:
Phone - (651) 644-5050
Fax - (651) 644-8675
The City received your application to amend the city's zoning ordinance on May
7th, 2004. Your application receipt is enclosed.
•
Pursuant to M.S. 15.99 the city is extending the time limit for reviewing and
processing your application to 120 days. This extension is required because of
meeting schedules and workload which necessitates the additional time needed to
complete the review and processing. This matter will come before the Planning
Commission on the June 22, 2004 agenda.
Sincerely,
~~~~~
Deborah Jo s
Zoning and Planning Coordinator
Cc: Heather Worthington, City Administrator
Roger Knutson, City Attorney
Encl: Receipt for the amount of $250.00 paid for Zoning Application Fee.
•
HOME OF THE MINNESOTA STATE FAIR AND THE U OF M INSTITUTE OF AGRICULTURE
PRINTED ON RECYCLED PAPER
r
Item 1
8/24/04
•
ITEM: Variance request for 647 additional square feet of impervious lot coverage
above the amount allowed by code at 1885 Asbury Street.
SUBMITTED BY: Steven Getz, property owner and resident
REVIEWED BY: Deborah Jones, Zoning and Planning Coordinator
EXPLANATION:
Summary:
1885 Asbury is a single family residence located on the west side of Asbury between Ruggles
and Roselawn. Like all but two residential properties on the west side of Asbury and east side of
Snelling in Falcon Heights, it is characterized by being wider than it is deep. All of these
properties, which were platted before the present code took effect, are constrained by City
setback ordinance that requires front and rear setbacks of 30 feet each. As the lots are
approximately 78 feet deep, this leaves only 18 feet of buildable space, front to back. Therefore,
most of the houses are non-conforming with respect to setback. Additions have been allowed on
several of these properties on the condition that they not encroach any further into setback than
the existing structure. According to County records, this house is described as a one-story
• rambler.
In this case, the variance request is related to lot coverage, not setback. The area of the lot is
11,622 square feet, so it falls into the second category of lot size (properties between 7370 and
15,800 square feet), for which the allowed lot coverage is 30% or 3320 square feet, whichever is
greater. For this lot, 30% is 3487 square feet, so that is the allowed coverage under the Code.
The owners wish to build a bedroom addition on the north side of their home that will give their
property a coverage of 4134 square feet, which is an excess of 647 square feet, or a total
coverage of 36%. In addition, the owners propose to remove a 90 square foot shed, 220 square
feet of sidewalk (to be replaced by spaced stepping stones) and an 80 square foot patio. They
wish to keep an existing 690 square foot concrete patio at the rear of the house. The present
coverage is 3900 square feet, an excess of 413 square feet. With the shed, sidewalk and front
patio removed, coverage would be 3510 square feet, which exceeds the allowed coverage by 23
square feet. Thus, the property without the proposed addition is already non-conforming with
respect to lot coverage, and became non-conforming with the passage of Ordinance 03-01.
Setbacks for the addition are as follows:
• Rear (west) - 12.5 feet, within existing
• Side (north) - 6 feet
• Front (east) -not given on plan but within existing
• A building permit is not sought at this time. The owners wish to obtain the zoning variance
before they and the architect proceed with plans for the addition.
Falcon Heights Planning Commission August 24, 2004 Page 1 of 4
Staff report on a lot coverage variance request at 1885 Asbury Street
Before the variance application was presented to the City, Staff discussed several other options
with the architect that would meet the lot coverage allowance or minimize the excess lot
coverage:
• • Building "up," i.e. adding a second story -significant increase in cost
• Eliminating the concrete patio at the rear of the house (690 square feet) -loss of an important
amenity
Analysis
a. That the granting of the variance will not be detrimental to the public interest.
Staff finds that the granting of this variance will not be detrimental to the public interest.
b. That the granting of the variance will not substantially diminish or impair property
values or improvements in the area.
Staff finds that the granting of this variance will not substantially diminish or impair property
values.
c. That the granting of the variance is necessary for the preservation and enjoyment of
substantial property rights.
Staff finds that the granting of this variance is not necessary for the preservation and enjoyment
of substantial property rights. The home presently has a footprint of 1660 square feet, which is
above average for the City. There is a detached double garage, separated from the house by
• more than 20 feet. The existing floor plan presents some inconveniences to the owner's family,
including lack of bedroom and bathroom space.
d. That the variance will not impair an adequate supply of light and air to adjacent
property.
Staff finds that the variance will not impair an adequate supply of light and air to the adjacent
properties. The addition will not be any closer to the house on the west than the house is now.
The property to the north is a large double lot; the house on that property is over 60 feet from the
closest corner of the proposed addition.
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 the public streets.
f. That the variance 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.
Falcon Heights Planning Commission August 24, 2004 Page 2 of 4
Staff report on a lot coverage variance request at 1885 Asbury Street
This property, while not unique, shazes the unusual lot-shape constraints mentioned in the first
pazagraph of this report with most properties in the blocks bounded by Snelling, Asbury,
Roselawn and Crawford. Denial of the variance will certainly impose an inconvenience;
• hardship is a subjective matter. Of the two alternate options discussed, one would be far more
costly to the owner and the other would require the loss of an important outdoor amenity.
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 no material or financial gain will occur in the granting of this variance. Staff
does not find that a substantial hardship to the owner will result from denial of the variance,
because the owner has other options.
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.
Staff Recommendation:
Staff does not find sufficient reason to deny this variance and therefore recommends approval.
1. The impact of the addition on neighboring properties will be minor. To date no neighbor has
contacted the City to express disapproval of the proposal.
2. The addition of a master bedroom and bathroom is a reasonable amenity for a home in
Falcon Heights and will probably improve the value of the property.
3. The size and configuration of the house will not be out of line with other residences on
Asbury and East Snelling Drive, most of which are non-conforming, and several of which
have been granted variances for home additions.
Attachments•
Variance application (paid)
Site plans, existing and proposed
Floor plans, existing and proposed
Maps of the immediate neighborhood between Asbury and Snelling, for compazison
•
Falcon Heights Planning Commission August 24, 2004 Page 3 of 4
Staff report on a lot coverage variance request at 1885 Asbury Street
Action Requested:
• Recommend approval of Resolution 04-_ to the City Council, approving the requested variance
of 647 square feet in the lot coverage of the property at 1885 Asbury Street, Falcon Heights.
The requested variance meets some the standards for granting a variance in section 9-15.03
Subdivision 4 of Chapter 9 of the City Code.
• For those standards related to impact on neighboring properties, Staff finds that the granting
of the variance would not have a significant negative impact.
• For the standard related to uniqueness, Staff finds that the property, though not unique,
suffers from the same constraints as its neighbors on Snelling and Asbury between Crawford
and Roselawn. These lots, which are wide but unusually shallow, have very limited options
for expansion, compared to most of the residential properties in the City.
• For the hardship, Staff finds that denial of the variance will impose a hardship by requiring
either significantly increased cost to the owner or loss of an amenity.
•
C~
Falcon Heights Planning Commission August 24, 2004 Page 4 of 4
Staff report on a lot coverage variance request at 1885 Asbury Street
City of Falcon Heights
Planning Application
Action Requested By: ~ ~ ~ -
Name of Property Owner ~-~-~~~ ~~~ Z-
Phone (h)- ~1 (Q~ Lz ~3~~ (w) 9 (~~ c~ `~~
Address of Property Owner- f ~~~ f'~S U t~12r~
Name of Applicant (if different) ~~
Address '~' Phone ~-~
Property Involved:
Address C ~~ ~S(3U
Legal Description ~ ~ ~ S
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. Property Identification Number (PIN) j~ v~q - o?~ ~ 3 2. ~ C~:~'/orZ
Present Use of Property (check one):
Single Family Dwelling
^ Duplex/Two Family Dwelling
^ Multi-Family Complex
A1ction Requested: NON-REFUNDA~B~LE~
?~1 Variance ($6tr.6~j'~~~ ~ ~'"I`~`~~'
Conditional Use Permit ($165.00)
^ Rezoning ($500.00)
^ Business/Commercial
^ Government/institutional
^ 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):
P~aY2 b ~a~c ~~ r~x~m/ C~'[.L IVb~-G°CC~ ~(~.P ~ .~t'C.,K ~,f2d (k~~ SlitbyiCL~
l certify that al! statements on this application are true and correct:
Signature of Property Owner required) Signature of Applicant (if applicable)
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•
CITY OF FALCON HEIGHTS
RAMSEY COUNTY, MINNESOTA
RESOLUTION NO. 04-
A RESOLUTION RECOMMENDING APPROVAL
OF LOT COVERAGE VARIANCE REQUEST
WHEREAS, on August 24, 2004 the Planning Commission conducted a public hearing
regarding Steven Getz's request for a variance from Section 9-2.05, Subd. 2d of the Falcon
Heights Zoning Ordinance.
NOW THEREFORE, Based on the attached Findings of Fact and Recommendation, the
Planning Commission recommends that the City Council approve Steven Getz's request for a
variance from Section 9-2.05, Subd. 2d of the Falcon Heights Zoning Ordinance to allow 4,134
square feet of impervious surface.
• ADOPTED this day of , 2003, by the Planning Commission of the
City of Falcon Heights, Minnesota.
CITY OF FALCON HEIGHTS
BY:
ATTEST:
Planning Commission Chair By:
Its:
•
113664v01
RNK:08/13/2004
•
CITY OF FALCON HEIGHTS
RAMSEY COUNTY, MINNESOTA
IN RE:
Application of Steven Getz,
1885 Asbury Street, for a variance
from impervious surface coverage
limitations.
FINDINGS OF FACT
AND RECOMMENDATION
On August 24, 2004, the Falcon Heights Planning Commission met at its regularly
scheduled meeting to consider the application of Steven Getz, 1885 Asbury Street, for a variance
from impervious surface coverage limitations for a single family home in the R-1 Zoning
District. 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 and now makes the
following:
FINDINGS OF FACT:
1. The subject property is zoned R-1, One Family Residential District.
2. The subject property is legally described as:
Lot 3, Block 1, Juhl's Roselawn Addition
3. The applicant seeks a variance from Section 9-2.05, Subd. 2d (Impervious
Coverage) of the Falcon Heights Zoning Ordinance.
4. The subject property is 11,622 square feet. Section 9-2.05, Subd. 2d allows a
maximum impervious lot coverage of 30% of the lot area or 3,320 square feet, whichever is
greater. The subject property is therefore allowed 3,487 square feet of impervious lot coverage.
• The lot coverage is currently 3,900 square feet which is 413 square feet more than allowed.
113667v01
RNK:08/13/2004
• 5. The applicant's proposal is to add a 624 foot bedroom addition to the home and to
remove a 90 square foot shed, 220 square feet of sidewalk, and an 80 square foot patio. The net
impervious surface for the lot with the addition and deletions would be 4,134 square feet which
exceeds the current impervious surface coverage by 234 square feet and is 647 square feet more
than allowed by ordinance without a variance.
6. Section 9-15.03 Subd. 4 of Falcon Height's Zoning Ordinance directs the City to
make the following findings when considering a request for a variance:
a) That the granting of the variance will not be detrimental to the public
welfare.
The Planning Commission finds that granting of this
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.
• The Planning Commission finds that the granting of this
variance will not substantially diminish or impair property
values.
c) That the granting of the variance is necessary for the preservation
and enjoyment of substantial property rights.
The Planning Commission finds that the granting of these variances 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.
The Planning Commission finds that the variance will not impair
an adequate supply of light and air to the adjacent properties.
e) That the variance will not impair the orderly use of the public streets.
The Planning Commission finds that the variance will
not impair the orderly use of the public streets.
L'
113667v01 2
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• f) That the variance will not increase the danger of fire or endanger
the public safety.
The Planning Commission 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.
The Planning Commission finds that denial of the variance would
create a hardship not a mere inconvenience to the owner.
•
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.
The Planning Commission finds these variances are not sought to
increase financial gain to the owner of the property. The Planning
Commission finds that substantial hardship would be imposed by denial
of the variance on lot coverage, in that the size of the lot would preclude
the owner from adding a needed bedroom.
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.
The Planning Commission finds that the conditions which give rise to
the need for a variance is that the restrictions on impervious surface
were enacted after the lot was created and after the existing house
was constructed. A conditional use permit or a code amendment are
not feasible alternatives to the variance.
•
113667v01
RNK:08/13/2004
RECOMMENDATION
ADOPTED by the Falcon Heights Planning Commission on this day of
2004
FALCON HEIGHTS PLANNING COMMISSION
By:
Its Chairperson
ATTEST:
By:
Its:
•
The Planning Commission recommends that the City Council approve the application for
a variance from Section 9-2.05, Subd. 2d of the Falcon Heights Zoning Ordinance for Steve
Getz.
113667v01
RNK:08/13/2004
4
Ei~ Feca~ ~{ei~kts {{were iB
• ((/ater~raat P%aert~c,/
LNd you know tfiat every s-tfriv~ily:~nd s~st #asds
tc# a arm drA~t? Stcx~xi water runs ~~Y inttr lakes, rivers and
wet#ands. - storm water carries grate ~pingst leaves, pet waste and other rnatenals
that prpduce phosphorus!-the n~ that turr-s our pne~ous water resouroes: green with algae.
Too much algae ~Stroys rl~tur~l hat#ats, bad and arms wful!
• J4ways up soil and grass cilipplt~s whsn you do yard'we~k. Nwer wash or tiow them'!
~ street Sweep sidewalks and drhreway:.
• Clean lawn and garden e~iptt~~tt~ni'tt3e grass, not the driveway.
• Use no-pt~sphonts fertir. This is requlrect by taw. In the three-number caode, l he midc~ nwxtber
should be `0'. Fall is best tk~is to #et#lize your lamas.
• AvOki washing your car st home where dirty, soapy water flows. ir~o the str+~et and down storm drains.
~ornmeraat car washes drain artitary ~ the water is~#r~essted.
ff you live near a storm sewer grade, Ycsr cart hip: by rert~oving dets~s meter every ra ~. Bag it and' place it
the garbage. Be sure to wear glovest
• ' ; mots S at trttpcl~www.em#ost~:mn.usJe .htm
•
~~~ ~ •
/~ yrv~rr nelghbarhood tidvi+tg ablock party?
l'here's stft! time to ptdn one. Ask,your
Neighborhood Liaison. Parties registered by,luly 31
are eligible for a voucher for >:ree Ice Cream from
the' St. Anthorry Cub Foo3ds. Cali City Nair for more
irtfurmation or to sign up yoe3r block.
DOt~i"~ Hf* TAI~Mla3~?' StJ~PRISEI
At-ttUal iBt l"slr gerridng re~rictlons wHl go
Into ~'ect the weak the hlr opens.
• Borne struts will be posted NO PAR1ftNG
zones doming the Fair. The ~rk~ b®n does
ine~de rssiderEts. This is temporary.
• Parking is not permitted on lawns, yards or
boulevards. Rents are rwt allowed to
"S~" parking spaea~ or their property.
• Sate booths, and wagons are not
petrni#ted on public or private property in
Faxon Heights, except :for kids' lemonade
• ate to traffic and parking pressures, garage
safes are;n~ recommended. The cry-wide
gee sale is September 'l8.
CITY Ol` FALCON HEIQHTS
20'17 W. Avenue, Faloon Fie[glrt, MN SS113
651-8M-5050 • Fa',c BSS-844-8675
f>~:Hwww.cifaiwcti•heigi~sxm. us
Cry o~ Falcon Heights