HomeMy WebLinkAboutMinutes06_0523City of Falcon Heights
Planning Commission Minutes
May 23, 2006
PRESENT: Commissioners DeLeo, Lukermann, Lageson, Rodich, Ryan, Tracy, Council Liaison Kuettel, Staff Liaison Jones.
ABSENT: Mercer-Taylor
The meeting was called to order at 7:01 p.m.
MINUTES: The minutes for February 28, 2006, were approved.
PUBLIC HEARING: Variance Request for 1729 Snelling Avenue North
Zoning and Planning Coordinator Jones presented the staff report. 1729 Snelling is the residential property (zoned R-1) immediately north of the Warner-Stellian parking lot (zoned B-3).
The applicants, owners Tim and Geraldine Thomas, are requesting a variance to build an 8-foot privacy fence along their property line adjacent to the Warner-Stellian property, from
a point even with the front of the house to the rear property line. The maximum fence height allowed by code is 6 feet. At present the property is fenced with a 3 foot chain link fence
which provides the applicants no protection from noise, dust and litter and no privacy. An 8 foot fence already exists between the Warner-Stellian property and the adjacent homes on
St. Mary’s Street.
The staff findings of fact indicate that no detriment or impairment would result from granting the variance. The applicant’s property is one of the few residential properties that are
not only adjacent to commercial property but which are within 500 feet of the Snelling-Larpenteur intersection, one of the busiest in the metro area. In view of the over-height fence
enjoyed by neighbors on St. Mary’s, a particular hardship would result to the applicants if they were held to the 6-foot height allowed by code. The variance is reasonable, and Staff
recommended approval.
Commission Chair Ryan opened the public hearing.
Tim Thomas of 1729 Snelling, applicant, said that the staff report said everything he needed to say but that he would welcome questions from the Commission. Commissioner Lukermann asked
what material the fence would be made of and how it would be made to match the west fence. Mr. Thomas said it would be made of redwood and would be a solid fence, although probably
not identical to the fence behind the St. Mary’s homes. In response to a question from Commissioner Lageson, Mr. Thomas confirmed that the St. Mary’s fence is solid to the top, and
his fence would be also. Mr. Lageson asked if the fence would be set back from the property line, and Mr. Thomas said they would like to get it as close as they can to the line but
that they would leave the existing fence if it belongs, in fact to Warner-Stellian. Mr. Lageson recommended talking to Warner-Stellian to make sure they don’t damage it with snow removal.
Ms. Jones asked to clarify fence setbacks. Side fences behind the front yard may be at the property line. In response to a question from Commissioner Lukermann, Ms. Jones said that
no survey is required for the granting of the variance. Establishment of the property line is part of the permit process. In response to a question from Commissioner Rodich, Jones
confirmed that 6 feet is the height limit for fences city-wide and there is a further limit in residential front yards of 3 feet.
Council Member Kuettel added her recommendation that the applicant talk to the adjacent commercial property owner and said that Staff could provide contact information.
There being no other person who wished to speak, the public hearing was closed at 7:42 p.m.
DISCUSSION AND ACTION: Variance at 1729 Snelling
Commissioner Tracy brought up a similar variance several years ago at Gibbs Farm. He added that the present case is possibly the most reasonable variance request he has seen in his
time on the Commission. Ms. Jones replied that the Gibbs Farm case was similar, but the Commission is not required to consider it as a precedent.
Lukermann moved, Tracy seconded, that the Commission recommend approval of the variance. There was no additional discussion. Motion passed unanimously.
The final decision will go to the City Council on June 14.
INFORMATION AND ANNOUNCEMENTS:
Staff Liaison Jones said the recodification draft has not yet been received but is expected by the end of May.
Jones presented a brief update to the Commission on the drive-through study and reminded the Commission of the third community meeting coming up on June 8 at which possible policy recommendations
will be discussed. The final report will be submitted to the Council on July 12. If the Council feels that changes to the code are desirable, the matter will be handed back to the
Planning Commission. Materials distributed at the first two meetings are on the City website.
Mr. Lageson asked if the City is under any obligation to “grandfather in” the Dino’s drive-through or if they would have to abide by any ordinances passed during the moratorium. Jones
said she was glad to have an opportunity to clarify the situation. Dino’s application earlier in 2006 was for a lot coverage variance, similar to the one they had applied for in 2003
(but withdrew) in 2003. The 2006 variance was withdrawn because the architect submitted a preliminary site plan showing that the variance was unnecessary. Next, the Council approved
the moratorium. As no permit application had been received before the moratorium went into effect, if Dino’s owners seek to add a drive-through after the moratorium is lifted they will
have to abide by whatever ordinances have been passed in the interim. Ms. Jones provided a copy of the preliminary Dino’s site plan to the Commissioners because there has been so much
speculation about the situation, but she repeated that the plan was preliminary and not under consideration because not permit has been applied for. She also emphasized that this process
is not aimed at one property but in consideration of the potential impacts of drive-through business on any commercial lot in Falcon Heights, including those lands that might be rezoned
for commercial use in the future.
Commissioner Rodich asked how the preliminary Dino’s plan demonstrated conformity with code. Ms. Jones said that at the time of the 2003 variance the frontage road between Crawford
and the alley was public right of way. The frontage road was subsequently turned over by the City to two adjacent business owners which added to the Dino’s property (permanent traffic
easements were imposed). This expanded the size of the Dino’s property, allowing landscaping to be added without losing the required parking and enabling the addition of the drive through
lane.
Commissioners requested more information on the conveying of the frontage road to the adjacent owners. Ms. Kuettel said that it was part of a very complicated set of transactions during
the
development of the Southeast Corner. Ms. Jones said she would look up the details and provide them at the next meeting.
In response to questions from Mr. Lageson regarding the details of the preliminary plan, Ms. Jones repeated that the plan is preliminary and is not under any kind of consideration by
the City. If the owners of Dino’s wish to apply for a permit or variances to build a drive-through after the moratorium they will be required to submit a new plan at that time.
Commissioner Ryan said he had receive the annual report from MetroGIS and would make it available to the other Commissioners. He also announced an opportunity Commissioners have to
send for educational materials; please see him for more information.
Ms. Jones announced that the fence on the east side of Dino’s is scheduled to be built soon. There will be some regrading and a retaining wall. The final fence will be 6 feet.
Mr. Ryan encouraged residents to come out and participate in the drive-through study.
ADJOURNMENT
The Planning Commission meeting was adjourned at 7:33 p.m.
Respectfully submitted,
Deborah Jones, Staff Liaison