Loading...
HomeMy WebLinkAboutMinutes04_1123City of Falcon Heights Planning Commission Minutes November 23, 2004 PRESENT: Commissioners DeLeo, Lukermann, Harris, Lageson, Maher, Heideman, Ryan, Tracy, Ziebarth, Council Member Lindstrom. Also present were City Administrator Heather Worthington, City Attorney Joel Jamnik and Staff Liaison Deb Jones. The meeting was called to order by Commissioner Harris, Commission Chair, at 7:02 p.m. The minutes of the September 28, 2004, meeting were approved. VARIANCE AT 2135 HOYT AVENUE Staff liaison Jones presented the staff report on the case. 2135 Hoyt is a residence in the University Grove neighborhood of Falcon Heights. The property is bounded on the east by the common area walkway between Hoyt and Folwell and on the north (rear) by a common area which provides a greenspace buffer over 40 feet wide between the property and closest property to the north. While the property is not unique, it does belong to a limited group of properties that share some unusual characteristics: (1) houses stand on land that is owned by the University of Minnesota; (2) properties are adjacent to an open commons; (3) living spaces are oriented toward the commons, at the rear of these houses. The owner seeks a variance to construct a 14 foot by 16 foot sunroom addition at the rear of the house. The addition would be designed to blend architecturally with the existing home. The addition would encroach 9 feet into the required rear yard of 30 feet. The porch would replace an existing non-conforming deck that is slightly smaller in area than the proposed porch. The homeowner points out that several homes in the neighborhood make similar encroachments into their rear setback, and therefore that the house will not be out of line with the rest of the block. The applicant further says that living areas of homes in the neighborhood are oriented toward the commons and that mosquitoes make it very difficult to fully enjoy this amenity without a screened porch. The proposed addition, if allowed, will be 66 feet from the center line of the commons. A map of the neighborhood provided to the Commission shows that six homes in the immediate neighborhood, out of 24, do encroach into rear setback, and the proposed addition would not be greatly out of line with existing structures. In summary, the Staff did not find any negative impact on the area or impairment of property values that would ensue from granting the variance. As to whether denial of the variance would cause a substantial hardship, Staff were willing to defer to the Commission on making that judgment. Therefore, there is no Staff recommendation. In response to a question from Commissioner Lageson, City Attorney Jamnik affirmed that a variance would be required even if the owner built the porch on the same footprint as the existing deck. PUBLIC HEARING The public hearing was opened by the Chair. Roger Miller, the property owner and applicant came forward to speak and to answer any questions the Commission might have. Commissioner Harris pointed out that mosquitoes are everywhere; why would the problem be any worse at this property. Mr. Miller said that the site had been swamp, according to a map from the 1920, and has a lot of high vegetation. This affects the whole Grove neighborhood. There being no one else who wanted to speak, the hearing was closed. VARIANCE AT 2135 HOYT: DISCUSSION AND RECOMMENDATION Commissioner Ziebarth said that she had gone to look at the property. She did not feel that the variance was unreasonable. Commissioner Lukermann said she would move to recommend approval with a qualifying statement that the project does not meet the hardship standard but that the homeowner has sought and received the approval of everyone with a stake in the commons area. This and the existence of the commons provide mitigating circumstances. Commissioner Heideman seconded the motion. Commissioner Ryan agreed that there is not a qualifying hardship and felt that the other nonconforming properties are not relevant. His concern is the setting of a precedent. The Commission should not feel bound by its decision tonight when it is asked to consider similar applications from other property owners. He acknowledged the special circumstances but believes we should abide by our code. If the encroachment was 10 feet or more he would deny it absolutely. Harris agreed with Ryan’s concern but said she felt this variance was more justified than the last one the Commission considered. Lukermann said this was the reason for the stipulation in her motion. In response to a question from Commissioner Lageson, Mr. Miller said the commons is used almost as parkland. It is open to all, but each resident takes care of his/her own portion. There being no further discussion, the question was called. The motion passed unanimously. The Council will consider the Commission’s recommendation on December 8. DISCUSSION OF STORAGE USE UNDER CITY ZONING CODE. Staff Liaison Jones introduced a Staff report on this issue by emphasizing that this agenda item is not a reconsideration of the TIES application in June but the result of interest that was generated at the time regarding storage as a use under zoning codes in general. The Commission, TIES and members of the public had all requested more information. Staff had requested information from other cities in the metro and did some internet research and presented here a summary of that research. The scope of the survey was (1) mini-storage and self-storage, (2) warehousing, and (3) storage in general – when and how it is mentioned, and in what context. Cities studied were Roseville, Lauderdale, West St. Paul, Richfield, Plymouth, Maple Grove, Elk River, Bloomington and Chanhassen. In general, “mini-storage” or self-storage is allowed only in industrial districts and, occasionally, in certain commercial/business districts that are regional or highway oriented, not local neighborhood or community commercial areas. In some cases this use is conditional. Warehousing is associated with industrial zones and industrially oriented business zones, always as an accessory use and often conditional. Open storage is generally limited to an accessory use in industrial zones and is usually conditional. Some cities place very specific restrictions on outdoor storage. Commissioner Harris asked about a provision for basement storage in Falcon Heights’ B3 code. Jones said that this was introduced to accommodate a particular property owner, the owner of the golf store, who used the basement for storage for a time when Falcon Crossing was built. Commissioner Heideman asked about the various uses of the TIES property when it belonged to Harvest States. City Administrator Worthington pointed out that Harvest States was in existence before the establishment of the City; all the uses were accessory. Lee Whitcraft, co-executive director of TIES, was invited to address the Planning Commission and expressed his appreciation for the opportunity. He stressed that TIES’ hope is to work with the City to let TIES staff have the opportunity to make use of space at the site to store their vehicles, trailers, etc., space that is not otherwise used. There would not be any outdoor storage, and impact on the surrounding area would be minimal. It is important to TIES to be good neighbors to Hollywood Court. Jones reminded the Commission that they were not being asked to review the June decision. This discussion is part of the ongoing Commission study of the city zoning code and future changes that might be made in the upcoming general revision. Commissioners held a general discussion of the storage issue in relation to the TIES property (and its historical use) in particular and the Falcon Heights city plan in general, also of accessory uses in the several business districts. Several Commissioners pointed out that the city does not have the kind of industrial area that usually accommodates this kind of use. Ms. Harris pointed out that the task of the Commission here is to consider the general issue, not solve TIES problem. Ms. Worthington provided additional background information and reiterated that the Commission is not being asked for any specific action at this time. In spite a some sympathy toward TIES and their need to find uses for their space and generate revenue, the general consensus was that rental storage is not appropriate in any zone of Falcon Heights and that the Commission does not recommend adding storage as a use in B3. However, the Commission might in the future look at whether or not B3 is an appropriate designation for the southwest quadrant of Snelling/Larpenteu . PLANNING FOR COMMISSION TRAINING Ms. Jones announced that a training opportunity has been set up for Commissioners in January on a date to be determined, a Saturday morning. The training would cover variances, code amendments, and the “tough cases” and might be open to commissioners from adjoining cities. January 29 was settled as the best date. Staff will confirm this with the trainers and inform Commissioners. Ms. Jones also asked the Commissioners to consider a date for an extra workshop to wind up the discussion of Chapter 9. The consensus was that this would be better after the workshop. Staff will provide an updated outline on what has been discussed and what remains to be discussed. INFORMATION AND ANNOUNCEMENTS Ms. Jones reported on permit parking on Lindig. Several residents have applied for their parking permits. Signs have been ordered. Parked cars have been “flyered” several times. Enforcement will begin on December 1. Ms. Jones also reported back on some pedestrian hazards that had been reported on Larpenteur and Roselawn. These are not pipes but the casings of the water meters that work their way out of the ground over time. Public Works has gone out to pound them back down even with the sidewalk, but they are waiting for something from St. Paul Water Service before they deal with the ones on Larpenteur. Those are marked with cones. If anyone observes any more, please contact Public Works. Commissioner Lageson reminded residents that they have the opportunity to give input on the organized collection issue until December 30. They can send their comments by mail or email. The Council is expected to make a decision in January. City Administrator Heather Worthington thanked retiring Commissioner Melissa Maher for her years of service on the Falcon Heights Planning Commission. Her term is expiring in December. She and her family are moving to Lino Lakes. The Commission applauded Ms. Maher’s service and wished her well. ADJOURNMENT The meeting was adjourned at approximately 8:44 p.m. Respectfully submitted, Deborah Jones, Staff Liaison