HomeMy WebLinkAboutMinutes05_0524City of Falcon Heights
Planning Commission Minutes
May 24, 2005
PRESENT: Commissioners Lukermann, Harris, Lageson, Ryan, Council Liaison Lindstrom. Also present were City Administrator Heather Worthington and Staff Liaison Deb Jones.
ABSENT: Heideman, DeLeo (with notice), Tracy. Commissioner Ziebarth tendered her resignation before the meeting.
The meeting was called to order at 7:02 p.m. The Commission roster being at seven members, a quorum was present.
MINUTES: The minutes for February, 2005, and March, 2005, were approved.
PUBLIC HEARING: Proposed Ordinance Amending Portions of Chapter 9 of the City Code Concerning Nonconformities
Commissioner Ryan, Planning Commission Chair, opened the public hearing. Zoning and Planning Coordinator Deb Jones summarized the staff report as an introduction. Falcon Heights presently
places severe restrictions on how much alteration, repair, restoration and improvement can be done to structures that do not conform to City Code. The Falcon Heights provisions are
inconsistent with new Minnesota statute, passed in August, 2004. New wording proposed by the City Attorney would bring the Falcon Heights zoning ordinance into line with State law.
The change would give owners of some nonconforming structures the opportunity to make improvements, restoration and even, in some cases, additions, without bringing the structures into
full compliance with the code or getting a variance. Staff recommends approval of the new ordinance.
Commissioner Harris asked what it means to not increase the nonconformity, with reference to a variance on Asbury granted last year. Jones explained that, for instance, if the house
is too close to the property line on the west but has room on the north or south, the owner could extend the house in those directions as long as the structure was not extending it in
the direction of the nonconformity, to the west, and as long as an additional nonconformity was not introduced. In the case of the Asbury variance there was a new nonconformity with
respect to lot coverage, so that owner would need a variance in any case for the addition that was proposed.
Commissioner Harris also asked about the “use” and “occupancy” wording used in the proposed amendment. Would subsequent owners be required to make the property conform? Ms. Jones described
the distinction between a nonconforming structure and nonconforming use. In the ensuing discussion, Commissioners expressed a desire for some clarification on this distinction and
other issues of wording in the proposed amendment. City Administrator Worthington told Commissioners that if a use is nonconforming, for instance, if the use came into being before
the present legal uses were defined in the code, the City could not make the owner give up that use, as long as the use was not expanded. She also recommended that the Commission get
the clarification needed before taking a vote.
Richard Rodich, 1341 Idaho, came to the podium to introduce himself. He is the new member of the Planning Commission; his appointment will take effect at the June meeting.
As there were no other individuals wishing to speak to the Commission, the public hearing was closed.
DISCUSSION
Commissioner Ryan said that he also has some questions about the wording and outlined his concerns. Other Commissioners voiced similar concerns; a discussion followed. It was moved
and seconded that this item be continued to the June meeting. Motion passed.
INFORMATION AND ANNOUNCEMENTS:
Councilmember Lindstrom informed the Commission that the Council has chosen a codification firm to undertake the recodification of the Falcon Heights City Code. Ms. Jones added that
Municipal Code Corporation is the chosen company and that the whole code will be reviewed, not just the zoning chapter. The final product will be in electronic form that will be searchable,
and it will be available on the web. The project is expected to take about a year. Lindstrom commented that it will be great for citizens to have direct access to the document.
Commissioner Lageson encouraged City residents to consider biking to work during the good weather this spring and summer, or to use other alternate transportation. It is healthy and
will help the environment. Mr. Lageson bikes from his home to downtown St. Paul via Maryland. He said quite a few people bike to either Minneapolis or St. Paul downtown to work.
Commissioner Lukermann asked whether the proposed code amendment discussed earlier would have any impact on properties such as 1871 Larpenteur and whether a PUD would still be needed.
Administrator Worthington answered that a PUD gives the City a bit more flexibility and allows some relaxation of zoning provisions on a particular site. It does require rezoning.
The City Code does contain an ordinance that lays out the procedure and conditions for a PUD.
ADJOURNMENT
The Planning Commission meeting was adjourned at 7:38 p.m.
Respectfully submitted,
Deborah Jones, Staff Liaison