HomeMy WebLinkAbout10-11-07 Planning Comm. AgendaAGENDA
CITY OF LITTLE CANADA
PLANNING COMMISSION
THURSDAY, OCTOBER 11, 2007
Call To Order - 7:30 P.M.
2. Roll Call
3. Approval of the Minutes -September 13, 2007
PRESENTATIONS:
4. Variances from the Zoning Ordinance Standards regulating Accessory Building Size,
Building Materials, and Outdoor Storage - 50 South Owasso Blvd. -Precision Tree
Correspondence Pages 1 through 14.
Conditional Use Permit allowing Retail Vehicle Sales (Indoor Only) - 209 Ryan Drive
-Roger Stanke
Correspondence Pages 15 through 19.
6. Variance from the Subdivision Code requirement limiting permanent cul-de-sac length
to a maximum of 500 feet - Richie Place - 2966 LaBore Road -Lauren Development
Correspondence Pages 20 through 24.
Preliminary Plat for Whispering Pines consisting of eight (8) single-family lots and
Variance from the Subdivision Code requirement limiting permanent cul-de-sac length
to a maximum of 500 feet - 685 and 693 LaBore Road -Kevin Steinert
Correspondence Pages 25 through 38.
8. Other
Adjourn
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515 Little Canada Road, Little Canada, MN 55117-1600
(651) 766-4029 /FAX: (651) 766-4048
www. ci.little-canada.mn.us
CITY OF LITTLE CANADA
NOTICE OF PUBLIC HEARING
VARIANCES
MAYOR
Bill Blesener
COUNCIL
Rick Montour
Barbara Allazi
John Keis
Michael McGraw
ADMINISTRATOR
Joel R. Hanson
PROPOSAL:
A request for approval of Variances from the Zoning Ordinance Standards regulating Accessory Building Size,
Building Materials, and Outdoor Storage. The property in question is zoned Industrial-Park (I-P).
APPLICANT & PROPERTY OWNER:
Precision Tree
50 South Owasso Blvd.
Little Canada, MN 55117
PROPERTY LOCATION:
Precision Tree
50 South Owasso Blvd.
Little Canada, MN 55117
PLANNING COMMISSION:
The Little Canada Planning Commission will be reviewing this matter at a regular meeting scheduled for
Thursday, October 11, 2007. The meeting begins at 7:30 p.m. and will be held in the Council Chambers of
the City Center located at 515 Little Canada Road in said City.
CITY COUNCIL:
Notice is hereby given that a Public Hearing will be held by the City Council to review this request at their
regular meeting to beheld on Wednesday, October 24, 2007 at 7:30 p.m., or as soon thereafter as parties may
be heard, in the Council Chambers of the City Center located at 515 Little Canada Road in said City.
All persons with reference to this matter will be heard during the Planning Commission meeting on Thursday,
October 11, 2007 and the City Council meeting on Wednesday, October 24, 2007.
Sign language interpreters for hearing-impaired persons are available for public hearings upon request. The
request for this service must be made at least 96 hours in advance. Please call to make the necessary
arrangements.
Joel R. Hanson
City Administrator
Attachment to Variance application by Precision Landscape and Tree, Inc
Precision Landscape and Tree at 50 South Owasso Blvd., Little Canada, MN 55117, is
proposing the construction of 60X80 cold storage building including a covered storage
area of 30x80 to be located on the southeast section of the property.
Because the southeast corner of the property line is "V" shaped and very narrow, it is
Jiff cult to optimally get full use of the property creating a hardship for the Precision
Landscape and Tree, Inc. Therefore, in order to construct the proposed building, it has to
be positioned at an angle with awkward access.
Although it would be more practical/effective to have a drive through storage building,
the property shape does not allow Precision that option. Since access to the building has
to be limited to the front side of the structure, it will require Precision to blacktop a
greater ground surface to accommodate the wheel axles on the trucks/equipments that
will be stored in this building. The other hardship this created by the "V" shaped
property line is that the trucks/equipments will have to be carefully backed into the cold
storage structure rather than driven into the structure to avoid building or truck damage as
it will be easier to back-in than back-out of the structure.
The brick on the new structure will match that of the existing building and will not be
brown as noted on the site plan.
The site plan shows a 6' foot fence at the front of the property or northwest side. Our
intent is to either install a 6' fence or plant mature spruce tree ... we would like option of
doing one or the other and not restricted to doing both.
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NORTHWEST ASSOCIATED CONSULTANTS, INC.
4800 Olson Memorial Highway, Suite 202, Golden Valley, MN 55422
Telephone: 763.231.2555 Facsimile: 763.231.2561 plan nersL nacpla nning.com
MEMORANDUM
TO: Little Canada Planning Commission
FROM: Stephen Grittman
DATE: October 5, 2007
RE: Little Canada -Precision Tree Variance for Accessory Building
Size, Building Materials, and Outdoor Storage
FILE NO: 758.09 - 07.29
Backaround and Analysis
Precision Tree has applied for a series of variance approvals to accommodate a
proposed accessory building at the rear of their parcel at 50 South Owasso Blvd. The
property has been the subject of a number of issues related to outdoor storage, and
Conditional Use Permit for which had been granted a number of years ago. The
property is zoned I-P, Industrial Park.
Outdoor Storage and Accessory Building Size. At the time of the original outdoor
storage permit, the Zoning Ordinance allowed a maximum storage area of up to 75% of
the floor area of the principal building. The applicants located the storage area to the
south of their building (behind the building with access to their main driveway area.
Since that time, the City has restricted the possible outdoor storage amounts to a
maximum of 25% of the principal building. As such, moving the outdoor storage on this
parcel would subject the applicants to the new regulation.
A separate requirement of the zoning ordinance restricts accessory building size on
business parcels to a floor area that is just 30% of the size of the principal building. The
applicants wish to construct additional building space to house material that has
previously been stored outside in violation of their Conditional Use Permit. The
applicants' proposal would construct an accessory storage building that is 4,800 square
feet in area -equal in floor area to their existing principal building. As such, the
applicants are seeking a variance that would allow them to exceed the 30% accessory
building size by a significant amount.
Staff has discussed an alternative with the applicants. By adding to the existing
principal building, rather than a detached accessory building, the applicants would not
be restricted in square footage. However, the addition could only be reasonably
constructed as an addition to the south wall. With this location, the applicant would
need to relocate the outdoor storage area to the south corner of the property. This
would require the applicant to meet the new 25% outdoor storage regulation, or get a
variance to permit an outdoor storage area in excess of the 25% standard.
Planning staff believes either of these variances are supportable. To consider a
variance, the City must find that a hardship exists in putting the property to a reasonable
use under the basic zoning regulations. The location of the outdoor storage area - a
properly permitted but now non-conforming use -restricts the applicant from expanding
the principal building and making a conforming use of the buildable area. For the
alternative as proposed by the applicant, the City should find that a hardship is present
that justifies an accessory building that is greater than the maximum 30% floor area. It
should be noted that the proposed amendments to the zoning ordinance would expand
the accessory building floor area to 60% of the principal building size.
Moreover, recent amendments to the state law governing non-conformities now provide
that a city may condition the approval of a permit on the removal of anon-conforming
condition. The existing outdoor storage area is such acondition - a use that was in
conformance with the applicable regulations at the time of its approval, but which has
since become out of conformance due to a change in the zoning regulations
(specifically, the reduction in outdoor storage area from 75% to 25% of the principal
building).
The applicants also suggest that the location of the building and the shape of the
property constrict the ability to circulate trucks on the site. It is not clear how this
circumstance affects the potential building size directly, but size and shape of property
are both mentioned as potential conditions that contribute to hardship.
In the alternative, a variance to allow the relocation of the same amount of outdoor
storage area on the site could be seen as a superior choice since the expansion of the
principal building is preferred over larger accessory buildings generally. If this second
alternative is chosen, the City should find that the expanded principal building is
necessary to make reasonable use of the property, and that the location of the outdoor
storage creates a hardship that justifies it's relocation to accommodate the larger
principal building.
In addition to the variance for accessory building size, the building has been designed
with an open covered attached shed. The drawings provided by the applicant show that
the accessory building roof would be extended to the north, support by posts by open to
the air on three sides. In a meeting with the applicants, they had indicated that this
portion of the building would actually be enclosed, although the plans do not indicate
this.
2
If this additional are is to be enclosed as verbally reported by the applicant, the variance
for accessory building size would need to be increased by an additional 2,400 square
feet for a total of 7,200 square feet -about 150% of the floor area of the principal
building. If open as shown on the plan, this would constitute outdoor storage, requiring
a variance to the size of the storage area.
Building Materials. The applicant has also applied for a variance to the building
materials ordinance. The zoning ordinance requires all buildings to have asolid-wall
masonry construction, or an exterior covering that consists of masonry materials. The
applicants have proposed a building that would have a concrete block base that
matches the block used on the existing building, up to a height of about 7 feet. The
remainder of the siding would be apre-finished panel that has an exposed aggregate
rock exterior finish, similar to an "EIFS" finish, but with rock rather than stucco.
It appears to planning staff that this material would meet the requirements of the zoning
ordinance. A variance application was originally required since the drawings supplied
by the applicant appeared to illustrate a metal siding which is not permitted in the I-P
District. In addition, the open-sided storage area would not comply with the building
materials requirements for the zoning district.
As with other variances, the city must find that there is a unique condition of the
property that creates a hardship in putting the property to reasonable use under the
standards of the zoning ordinance. There would not appear to be any such conditions.
It is possible to meet the terms of the ordinance without a variance, and as such, no
variance should be considered for this purpose.
Summary and Recommendation
The applicant is seeking up to three possible variances to accommodate the expansion
of storage space on their property.
Accessory Building Size Variance. The first relates to the size of the accessory
building. The applicants propose an accessory building that would be between
100% and 150% of the principal building, depending on whether the shed area is
enclosed or not. This issue should be clarified by the applicants. In any case,
planning staff would recommend approval of the variance to allow an accessory
building of up to 100% of the size of the principal building, based on a finding that
the location of the existing outdoor storage area inhibits the ability to reasonably
expand the existing building, and that state law does not permit the city to
condition a permit on the removal of anon-conforming use.
Outdoor Storage Variance No. 1. There are two potential variances to outdoor storage
requested by the applicant. One relates to the building design that appears to show an
open shed attached to the proposed accessory building. Planning staff does not
recommend this variance. Outdoor storage has been a significant enforcement issue in
the City, and in fact, has been an issue on this site. Expansion of outdoor storage by
variance would be inconsistent with the City's increasing restrictions on this use.
3
Outdoor Storage Variance No. 2. The second potential outdoor storage variance would
be an alternative to the Accessory Building Size Variance. In this alternative, the
applicant would be permitted to expand the existing principal building without limit
(subject to site planning and setback restrictions), and would be granted a variance to
relocate an equal amount of outdoor storage area to the south corner of the property.
Since this relocated storage would exceed the current standard of 25% of the principal
building (even an expanded one), a variance would be required. Planning staff would
recommend approval of this variance as an alternative to the Building Size Variance,
based on a finding that the existing building can not be expanded without a relocation of
the outdoor storage area, and that the expansion of the principal building more closely
aligns with City policy relating to industrial buildings and the use of industrial property.
Building Materials Variance. The applicant had applied for a variance to the building
materials standards of the I-P District at the suggestion of staff, based on the
representations made in the applicant's drawings. However, it does not appear that the
materials as proposed would require a variance since the entire building would be
covered by either rock-faced concrete block or prefinished aggregate stone panels. As
such, planning staff would not recommend approval of any building materials variances.
Pc: Kathy Glanzer
Steve Westerhaus
Lee Elfering
Precision Tree and Landscape, 50 S. Owasso Blvd., Little Canada, MN 55117
4
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515 Little Canada Road, Little Canada, MN 55 1 17-1600
(651) 766-4029 /FAX: (651) 766-4048
www. ci.little-Canada. mn. u s
CITY OF LITTLE CANADA
NOTICE OF PUBLIC HEARING
CONDITIONAL USE PERMIT
MAYOR
Bill Blesener
COUNCIL
Rick Montour
BarSara Allan
John Keis
Michael McGraw
ADMINISTRATOR
Joel R. Hanson
PROPOSAL:
A request for approval of a Conditional Use Permit to allow Retail Vehicular Sales (Indoor Only). The
property in question is zoned Light-Industrial District (I-1).
APPLICANT & PROPERTY OWNER:
Roger Starke
209 Ryan Drive
Little Canada, MN 55117
PROPERTY LOCATION:
209 Ryan Drive
Little Canada, MN 55117
PLANNING COMMISSION:
The Little Canada Planning Commission will be reviewing this matter at a regular meeting scheduled for
Thursday, October 11, 2007. The meeting begins at 7:30 p.m. and will be held in the Council Chambers of
the City Center located at 515 Little Canada Road in said City.
CITY COUNCIL:
Notice is hereby given that a Public Hearing will be held by the City Council to review this request at their
regular meeting to be held on Wednesday, October 24, 2007 at 7:30 p.m., or as soon thereafter as parties may
be heard, in the Council Chambers of the City Center located at 515 Little Canada Road in said City.
All persons with reference to this matter will be heard during the Planning Commission meeting on Thursday,
October 11, 2007 and the City Council meeting on Wednesday, October 24, 2007.
Sign language interpreters for hearing-impaired persons are available for public hearings upon request. The
request for this service must be made at least 96 hours in advance. Please call to make the necessary
arrangements.
Joel R. Hanson, City Administrator
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NORTHWEST ASSOCIATED CONSULTANTS, INC.
4800 Olson Memorial Highway, Suite 202, Golden Valley, MN 55422
Telephone: 763.231.2555 Facsimile: 763.231.2581 plan nersCnacpla nning.com
MEMORANDUM
TO: Little Canada Planning Commission
FROM: Stephen Grittman
DATE: October 5, 2007
RE: Little Canada - Stanke CUP for Indoor Motor Vehicle Sales
FILE NO: 758.09 - 07.30
Background and Analysis
Devin Foley has requested a Conditional Use Permit to allow Motor Vehicle Sales in a
building in the Ryan Industrial Park at 209 Ryan Drive. The applicant would like to
establish a location for indoor retail automobile sales. The applicant has submitted a
site plan sketch that shows 8 potential vehicle storage spaces within a building, along
with an office location. The use would occupy the middle of the three attached buildings
that comprise the 209 Ryan Drive property.
The State's licensing requirements include a provision that the licensee must be able to
identify at least four vehicle display spaces. The applicant is not seeking any outdoor
display or storage. The majority of the City's zoning code enforcement issues relating
to vehicle sales have been with outdoor storage and display. The indoor storage is
subject to a separate type of conditional use permit.
In the I-1, Light Industrial District, indoor vehicle sales is a use allowed by Conditional
Use Permit, subject to general site condition zoning compliance. The outdoor sales and
display permit includes a number of specific conditions that have been added to
address the concerns raised by that particular use.
Provided that the site is kept in good condition, the indoor auto sales activities would
appear to meet the requirements of the zoning ordinance.
Summary and Conclusion
With the condition that no outdoor display or storage is included, planning staff
recommends approval of the CUP. The remaining use is essentially an office and
indoor storage use, otherwise permitted activities in the I-1 zoning district. It should also
be noted that the limitation on auto sales licenses in the City applies to outdoor sales
lots. There is no limit on the number of licensed indoor office locations.
Pc: Kathy Glanzer
Steve Westerhaus
Lee Elfering
Roger Stanke, 209
Ryan Drive, Little Canada, MN 55117
~~
'K:
~z'z'~ (°al2a~a
515 Little Canada Road, Little Canada, MN 55 1 17-1600
(651) 766-4029 /FAX: (651) 766-4048
www. ci.little-canada. mn. us
CITY OF LITTLE CANADA
NOTICE OF PUBLIC HEARING
VARIANCE
MAYOR
Bill Blesener
COUNCIL
Rick Montour
Barbara Allan
John Keis
Michael McGraw
ADMIMSTRATOK
Joel R. Hanson
PROPOSAL:
A request for approval of a Variance from the Subdivision Code requirement which limits permanent cul-de-
sac length to a maximum of 500 feet. The cul-de-sac proposed is approximately 1,050 feet in length. The
property in question is zoned Single-Family Residential (R-1).
APPLICANT & PROPERTY OWNER:
Lauren & Company
P. O. Box 837
Lake Elmo, MN 55042
PROPERTY LOCATION:
2966 LaBore Road
Little Canada, MN 55117
PLANNING COMMISSION:
The Little Canada Planning Commission will be reviewing this matter at a regular meeting scheduled for
Thursday, October 11, 2007. The meeting begins at 7:30 p.m. and will be held in the Council Chambers of
the City Center located at 515 Little Canada Road in said City.
CITY COUNCIL:
Notice is hereby given that a Public Hearing will be held by the City Council to review this request at their
regular meeting to be held on Wednesday, October 24, 2007 at 7:30 p.m., or as soon thereafter as parties may
be heard, in the Council Chambers of the City Center located at 515 Little Canada Road in said City.
All persons with reference to this matter will be heard during the Planning Commission meeting on Thursday,
October 11, 2007 and the City Council meeting on Wednesday, October 24, 2007.
Sign language interpreters for hearing-impaired persons are available for public hearings upon request. The
request for this service must be made at least 96 hours in advance. Please call to make the necessary
arrangements.
Joel R. Hanson
City Administrator
I:\epp02\5t03.003WCA\5703sRe.tlwg, 9H 2/2007 1:58:43 PM, CutePDF Writar.pc3
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A LAUREN & CO. DEVELOPMENT, LTD. „`=,.~,"" °',:~;, °°"'/°' ,~,
>}$J~~~~,i/V~/f m>,owu ~sm xv~un muu~n r>nr/a>
GTY p' IJTRE CANADA. MINNESOTA "e.wu'~raa // A¢p r kw oe/n/m
SITE PLAN Aul6•Consulling/assoeiates ShN tend S1we}dng a,.Q„of,o, "`„~""D~.;,,,,"fl"" "°" °°",R/0'
NORTHWEST ASSOCIATED CONSULTANTS, INC.
4800 Olson Memorial Highway, Suite 202, Golden Valley, MN 55422
Telephone: 763.231.2555 Facsimile: 763.231.2561 planners@nacpla nning.com
MEMORANDUM
TO: Little Canada Planning Commission
FROM: Stephen Grittman
DATE: October 5, 2007
RE: Little Canada -Richie Place -Variance to Cul-de-sac Length
FILE NO: 758.09 - 07.31
Background and Analysis
At the September 26t" City Council meeting, members of the public raised a challenge
to the City's interpretation that no variance approval was necessary for the proposed
1,050 foot long temporary cul-de-sac. According to the Subdivision Ordinance,
subdividers must extend new streets to provide for the potential development of
adjoining properties. Such street extensions must be provided with a temporary turn-
around to accommodate traffic needs until the street is extended and other outlets are
provided. The City Attorney provided an opinion to the City Council that under this
clause, and based on previous City experience in similar situations, no variance was
necessary, even though in a temporary condition, the street exceeded the 500 foot
standard.
In order to avoid later challenges to the plat over this issue, the proposed developers of
Richie Place are requesting a variance to permit the length of the cul-de-sac as
proposed. Following is the Subdivision Ordinance section relating to the review of
variance requests:
The Planning Commission may recommend a variance from the minimum
standards of this Ordinance (not procedural provisions) when, in its opinion,
undue hardship may result from strict compliance. In recommending any
variance, the Commission shall prescribe any conditions that it deems
necessary to or desirable for the public interest. In making its
recommendations, the Planning Commission shall take into account the nature
of the proposed use of land and the existing use of land in the vicinity, the
number of persons to reside or work in the proposed subdivision and the
probably effect of the proposed subdivision upon traffic conditions in the
vicinity. A variance shall only be recommended when the Planning Commission
finds:
(a) That there are special and highly unique circumstances or conditions
affecting said property which are not common to other properties in the City
and that the strict application of the provisions of this Ordinance would deprive
the applicant of the reasonable and minimum use of his land.
(b) That the granting of the variance will not be detrimental to the public
health, welfare or injurious to other property in the territory in which property
is situated.
(c) That the variance is to correct inequities resulting from an extreme
hardship limited to topography, soils or other physical factors of the land.
After consideration of the Planning Commission recommendations, the
City Council serving as the Board of Adjustment and Appeals may grant
variances by a vote of a majority of the entire City Council, subject to the
finding that a hardship exists according to items (a), (b), and (c) immediately
above.
Hardship is defined as follows:
A situation where property in question cannot be put to a reasonable use under
the conditions allowed by the official controls; the plight of the landowner is
due to circumstances unique to his property, not created by the landowner;
and the variance, if granted, will not alter the essential character of the locality.
Economic considerations alone shall not constitute a hardship if a reasonable
use for the property exists under terms of the official controls.
The Comprehensive Plan guides this entire area for low density residential land uses.
The R-1 Zoning District is the City's zoning district that corresponds to the low density
residential category. The additional cul-de-sac length does not impact the plat's zoning
consistency, which is in all other respects compliant with the R-1 District standards.
It is clear from maps of the area that the only way to provide street access to all
buildable portions of the applicant's property, as well as to adjoining property to the west
as required by the Subdivision Ordinance, a street must extend from Labore Road to
the southwest property boundary. Due to wetland locations, there does not appear to
be any other option to serve this and other properties with street access. It has been
suggested that much of the neighboring land is steeply sloped and is not practical to
develop due to extraordinary costs. The relative importance of such costs on
development feasibility changes over time. In fact, at least one neighboring property
owner has suggested at the Planning Commission that the street in question would be
important to permit the subdivision of their property.
Moreover, the engineer's reports on the proposed subdivision, with the cul-de-sac as
proposed indicate that the development will have a positive impact on drainage in the
area by better management the flow of stormwater to avoid areas that currently are
subject to occasionally flooding.
The City's policy has been to ensure that property owners have the opportunity to make
reasonable use of their land, including development. Without the extension of the
2
subject street, neither the applicant nor the adjoining property owners would have the
required access to develop their properties in the future. If indeed a variance is
considered to be necessary to consider the plat as proposed, planning staff believes
that the request meets the review requirements of the Zoning Ordinance.
Summary and Recommendation
Lauren Development has requested a variance to plat a cul-de-sac street in excess of
500 feet. As noted in this report, the Subdivision Ordinance requires street extensions
to provide access to neighboring property, and the City's policy has been to define
"reasonable use" as the ability to use private property to the extent permitted by the
Zoning and Subdivision regulations.
As such, planning staff recommends approval of the variance, based on the following
findings:
1. The Subdivision Ordinance requires that subdividers extend streets within a
proposed plat to neighboring property to provide opportunity for future
development.
2. There are no other options for access to this property that would provide the
opportunity for full development of the subject property, nor to adjoining property
that would be consistent with the Subdivision Ordinance.
3. A hardship is present, consistent with the requirements of hardship definition,
that interferes with the applicant meeting all of the applicable requirements of the
Subdivision Ordinance if the street is required to be terminated at 500 feet in
length without a variance.
4. Without the variance, the applicant will not be able to put his property to
reasonable use since much of the area will be inaccessible.
5. The proposed cul-de-sac is temporary in nature, with the possibility that the
street would be extended into adjoining property in the future.
6. When the stub-street is extended to Beam Avenue to the east, the cul-de-sac will
no longer exceed the 500 foot regulation.
Pc: Kathy Glanzer
Steve Westerhaus
Lee Elfering
Lauren Development, PO box 837, Lake Elmo, MN 55042
VG~
~z~~ ~°aycaa~a
515 Little Canada Road, Little Canada, MN 55117-1600
(651) 766-4029 /FAX: (651) 766-4048
www.ci.little-canada. mn.us
CITY OF LITTLE CANADA
NOTICE OF PUBLIC HEARING
PRELIMINARY PLAT & VARIANCE
MAYOR
Bill Blesener
COUNCIL
Rick Montaw~
Barbara Allan
John Keis
Michael McGraw
ADMINISTRATOR
Joel R. Hanson
PROPOSAL:
A request for approval of a Preliminary Plat for Whispering Pines, asingle-family lot development consisting
of eight (8) lots, as well as a Variance from the Subdivision Code requirement which limits permanent cul-de-
sac length to a maximum of 500 feet. The cul-de-sac proposed is approximately 575 feet in length. The
property in question is zoned Single-Family Residential (R-1).
APPLICANT & PROPERTY OWNER:
Kevin Steinert
693 LaBore Road
Little Canada, MN 55117
PROPERTY LOCATION:
685 and 693 LaBore Road
Little Canada, MN 55117
PLANNING COMMISSION:
The Little Canada Planning Commission will be reviewing this matter at a regular meeting scheduled for
Thursday, October 11, 2007. The meeting begins at 7:30 p.m, and will be held in the Council Chambers of
the City Center located at 515 Little Canada Road in said City.
CITY COUNCIL:
Notice is hereby given that a Public Hearing will be held by the City Council to review this request at their
regular meeting to be held on Wednesday, October 24, 2007 at 7:30 p.m., or as soon thereafter as parties may
be heard, in the Council Chambers of the City Center located at 515 Little Canada Road in said City.
All persons with reference to this matter will be heard during the Planning Commission meeting on Thursday,
October 11, 2007 and the City Council meeting on Wednesday, October 24, 2007.
Sign language interpreters for hearing-impaired persons are available for public hearings upon request. The
request for this service must be made at least 96 hours in advance. Please call to make the necessary
arrangements.
Joel R. Hanson, City Administrator
PRELIMINARY PLAT OF:
WHISPERING PINES
'for'-RIM LAKE CONSTRUCTION
2255 VECTORIA ST. N.
ROSEVILLE, MN 55113
iet Q63) ]30~d510
OWNER: Kevin Steinert
693 Labore Road
Little Canada, MN 55117
GNAPIIIC SCALC
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Page 1 of 1
Kathy Glanzer
From: Daniel Obermiller [dobermiller@egrud.com]
it: Wednesday, October 03, 2007 11:13 AM
To: Kathy Glanzer
Cc: Charles Plowe Sr; Steve Benning
Subject: Whispering Pines variance request information
Attachments: whisp-pines-w-nonvariance-overlay.pdf; 1169VARIANCE.doc
Hi Kathy,
Attached is the letter I mentioned explaining the reason for variance request on Whispering Pines. Attached
also is a sketch showing an overlay on the Prel Plat with lot and street lines if a variance request is not
granted. This sketch is ment to help explain comments per letter. Per our conversation I understand that you
will be checking the request for variance box on the Prel Plat Application and that no additional applications or
moneys are needed at this time. Please let me know if you need anything else or if you have questions.
Thanks for your help,
DanO
DANIEL W. OBERMILLER
Mn R.L.S. #25341; Wi. R.L.S. # 2668
E. G. RUD & SONS, INC., LAND SURVEYORS
Web Site: http://www.egrud.com
E 1: dobermillerQegrud.com
Phone: (651) 361-8200
Fax: (651) 361-8701
Address:
6776 Lake Drive NE, Suite 110
Lino Lakes, MN 55014
The electric data is transmitted for your convenience and is the sole property of E. G. Rud & Sons, Inc. By accepting, the recipient
agrees to indemnify, hold harmless, and defend E. G. Rud & Sons, Inc., from and aga;nst any and all damages, liabilities, claims, losses
and expenses (including attorney's fees) arising from the use of this data. This electronic data is subject to change and updates are
the responsibility of the recipient. E. G. Rud & Sons, Inc., is not responsible for updating the data or for compatibility with
recipient's hardware and / or software. Please check this file for virus contamination prior to us.
Professional
Surveyors
10/3/2007
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ENGINEERING
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6776 IAI~. DRIVE NE, SUl'rE ll0
LAIO LAKES, MN 55014
PHONE+ (651) 361-8210
FAX (65q 361-8701
October 2, 2007
WHISPERING PINES -VARIANCE REQUEST FOR CUL-DE-SAC LENGTH:
A previous concept for the development included a longer cul-de-sac street extending
approximately 700 feet from Labore Rd. This would require a variance. We removed two lots and
reduced the length of the cul-de-sac to 500 feet (to the center of the cul-de-sac). This provided a
significant undisturbed wooded area and buffer for the existing homes at the north end of the
property. It was brought to our attention that the max 500 feet length is to the ROW line and not the
center of the cul-de-sac. This exceeded the 500 feet and therefore requires a variance.
With the current plan, the lot layout works reasonably well considering the narrow shape of the
property. By shortening the cul-de-sac 50 more feet we are still able to meet the requirements for 7
lots, however lots 1 and 2 are much less desirable.
• The house pad for lot 1 must be moved closer to Labore Rd instead of keeping it further
back to blend with existing houses on each side. Trees in the front setback area of lot 1
would likely be impacted, including large maples.
• The house for lot 2 will be closer to the rear lot line due to shifting of the house pad to the
south and creating a shallower pad. This shallow house pad will force future home to be set
@ 30 ft rear setback line. The existing home behind this lot is also at 30 feet or less from
the property line. A possible future variance may be requested for a deck on this lot due to
the short rear yard.
• The proposed ponding area would be reduced in size, requiring additional ponding to be
placed at the north end of the property. This would impact trees and other vegetation
No provisions were made for a through street from the north during previous approvals for Thunder
Bay Estates. The only way for the property to be fully developed, given its length from Labore
Road would be with a cul-de-sac that exceeds the maximum 500 feet. This must have been
considered at the time Thunder Bay Estates was approved.
There are at least 3 other cul-de-sac streets in the immediate area that exceed 500 feet and adjacent
Valento Lane has a reduced 40 ft ROW width due to similar unique land conditions.
Because of its nurow shape and one access only, development of the existing property does
include unique circumstances and conditions.
Page 2 of 2
Whispering Pines -Variance
A variance of 50 feet for the cul-de-sac length will not be detrimental to the public health, welfare
or injurious to other property.
Because of the existing property's narrow shape and one access only, the variance is required to
address less than favorable lot configurations and reasonably developed house pad locations (lots 1
& 2), and to preserve existing vegetation.
A typical cul-de-sac will serve between IS and 20 single family homes. Due to the restrictions on
the property only 7 homes are proposed therefore, there should be no concerns over excess traffic
from the new street at Labore Road.
Because the same number of lots can be obtained without a variance, it should be noted that the
request for a variance is not due to financial hardship, but rather to enhance the lots to be developed
aesthetically and practically.
Prepared by:
Charles W. Plowe. PE
PLOWE ENGINEERING, INC.
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4800 Olson Memorial Highway, Suite 202, Golden Valley, MN 55422
Telephone: 763.231.2555 Facsimile: 763.231.2561 plan ners~.?nacplanning.com
MEMORANDUM
TO: Little Canada Planning Commission
FROM: Stephen Grittman
DATE: October 5, 2007
RE: Little Canada - Steinert -Whispering Pines Preliminary Plat
FILE NO: 758.09 - 07.28
Background and Analysis
Kevin Steinert and Rim Lake Construction are seeking approval of a Preliminary Plat to
be known as "Whispering Pines" on property along the north side of Labore Road,
encompassing the two parcels at 685 and 693 Labore Road. An adjoining parcel at 699
Labore would not be included in the project, and as now designed, would have limited (if
any) ability to subdivided in the future. Because the neighboring parcel is less than 60
feet in width, there may not be a practical way to provide for development of that parcel.
As drawn, the subdivision provides for a total of eight lots, including retaining the
existing structure at 693 Labore. This is a reduction of one from the concept review
submission. The proposed new street would eliminate the house at 685 Labore, and
seven new lots would be platted along the west and north sides of the new street and its
terminal cul-de-sac. All of the lots meet the R-1 zoning standard of 10,000 square feet
and at least 75 feet of width at the 30 foot front building setback line. Each lot displays
building pad areas that will meet all of the R-1 setback regulations.
The primary dimensional issue relates to the cul-de-sac street length. The Subdivision
Ordinance provides that permanent cul-de-sac streets shall be no longer than 500 feet
in length. This is measured from the right-of-way where the new street begins, to the
end of the cul-de-sac itself. The applicants had designed the street to be 500 feet to a
point at which the cul-de-sac begins. As such, the measured length of this street is
actually 575 feet, thus requiring a variance to plat as designed. The applicant has
applied for this variance.
The Subdivision Ordinance specifies the following for consideration of variances:
(a) That there are special and highly unique circumstances or conditions
affecting said property which are not common to other properties in the City
and that the strict application of the provisions of this Ordinance would deprive
the applicant of the reasonable and minimum use of his land.
(b) That the granting of the variance will not be detrimental to the public
health, welfare or injurious to other property in the territory in which property
is situated.
(c) That the variance is to correct inequities resulting from an extreme
hardship limited to topography, soils or other physical factors of the land.
The applicant has stated that they reduced the cul-de-sac length from its length at
concept review from over 700 feet to the proposed design to preserve the tree stands in
the northern-most section of the plat. The applicant has requested the street to be
longer than the 500 foot standard due to the impacts on lot shape and size, particularly
for Lot 1, Block 1 where only the buildable area is already somewhat constricted.
The changes from the concept review plan create must larger lots along the north
boundary of the plat, permitting preservation of more of the existing tree cover in this
area. However, there are a significant number of trees that will be removed to
accommodate the project. The applicant has not submitted a tree replacement and
preservation plan or a landscaping plan showing how the lost trees would be replaced,
or how the ponding areas would be re-landscaped. This should be a requirement of an
approval granted to the project.
Other issues.
Outlot A. The applicant has proposed a long, narrow outlot between Lot 7 and the
adjoining 699 Labore property. As designed, the neighboring property owner would not
have access to the street. The ownership and purpose of Outlot A is not provided with
the application materials. Moreover, the Subdivision Ordinance states that streets must
be designed to provide reasonable access to other subdividable parcels. The city
should review this layout and comment on its consistency with options for full
development of the area. Due to the existence of adjoining plats and home
construction, there are no other options for access to this area.
Frontage for Lot 6. Lot 6, Block 1 appears to meet the minimum 75 foot width at the
building setback line, but because of the common lot line with Lot 7, the frontage along
the street for Lot 6 is just 27 feet. This does not violate any ordinances, but would result
in a severely restricted area for driveway construction, and leaving little front yard once
a driveway is provided. To improve this situation, planning staff would recommend that
the boundary line with Lot 7 be angled from the 30 foot setback line toward the center of
the cul-de-sac. This would not affect the required width for Lot 7, and would add curb
length to Lot 6. The downside for this suggestion would be the creation of an internal
corner along this lot line that can lead to future property line disputes between
neighbors.
2
Summary and Recommendation
The plat for Whispering Pines appears to address most of the concerns that were raised
at the concept review level. However, there are a few outstanding issues, summarized
as follows:
a. The plat submission does not include a tree preservation plan or landscaping
plan that would identify tree removal and proposed replacement plantings.
b. The proposed plat includes an Outlot that does not have an identified purpose.
The applicant should explain the use of the outlot, and how the plat will provide
access and subdivision potential for the adjoining parcel.
c. The applicant should consider redesign of the lot line for Lot 6, Block 1 in an
effort to increase curb frontage.
d. The applicant has applied for a variance to cul-de-sac length, with an explanation
that the additional length is necessary to accommodate the buildable area of Lot
1. It would be beneficial to have an illustration of this conflict in support of the
variance request.
The City Engineer has reviewed the plat and has some comments related to pond size,
stormwater calculations, and other notes. Combined with the planning issues noted
above, planning staff would recommend tabling of the plat to provide the applicant time
to submit the additional information requested in this report, and comply with the City
Engineer's comments.
Pc: Kathy Glanzer
Steve Westerhaus
Lee Elfering
Kevin Steinert, 693 Labore Road, Little Canada, MN 55117
Rim Lake Construction, 2255 Victoria St. N., Roseville, MN 55113
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October 5, 2007
File No. 120101 E-0240
Honorable Chair and Planning Commission
City of Little Canada
515 Little Canada Road East
Little Canada, MN 55117-1633
RE: Whispering Pines Development
City of Little Canada
Dear Planning Commission:
We have received plans and drainage calculations for the Whispering Pines Development. The
development is located to the North of Labore Road, between Valento Lane N and Ontario
Road N. The submittal documents were prepared by E.G. Rud & Sons, Inc, and Plowe
Engineering and dated September 25, 2007. Based upon our review, we have the following
comments:
Preliminary Grading Plan
1. Silt fence should be installed on the north, south and the southeastern portion of the
development.
2. A small Swale is required between Lot 2 and Lot 3, on the west side of the development
to direct the stormwater along the lot line. The swale should be similar to what is shown
between the other lots on the west side of the development.
3. The grading plan for the northwest corner of the development is incomplete. Proposed
contours should be shown for the two house pads located at Lots 5 and 6 and for the
infiltration area.
4. An emergency overflow area should be provided for the infiltration basin P1.
5. The minimum grass Swale slope allowable is 1 %, the swales not meeting this
requirement should be redesigned.
Preliminary Utility Plan
1. Water and sanitary services to each lot should be identified with the plans. We would
recommend that the City require the developer to review the number of lots that could be
accommodated to the east of the proposed cul-de-sac and provide service stubs for
them at this time to eliminate future street impacts.
2. There appears to be a discrepancy between the slope noted on the plans for the pipe
segment between sanitary manholes 3 and 4 and what is calculated based on the
inverts provided. This should be reviewed and corrected as necessary.
1
Z:\PROJ\120101E- Whispering Pines\ltr-100507-PC.doc
Planning Commission
October 5, 2007
Page Two
The current hydrant spacing is insufficient to meet city standards and it appears that the
addition of a hydrant will be necessary. We would recommend that a hydrant be added
between Lots 1 and 2.
4. All utilities should be shown in a profile view. The minimum storm sewer pipe size for
pipe runs other than leads to single catchbasins is 15-inches.
5. Standard detail plates should be included in the final plan set including specifics on the
pond outlet structure.
Drainage Calculations
1. The existing drainage area map does not depict the existing conditions correctly. There
is a low area located to the east side of the middle of the proposed development. A third
drainage area should be created that drains to this low area and provides existing
ponding.
2. Infiltration basin 2P in the proposed calculations should be revised to reflect the
proposed contours. The top contour is currently noted as 915.0 and the calculations
should be modified to reflect this. All ponding/storage area utilized for 2P should be
within a drainage and utility easement.
3. The time of concentrations provided should each be calculated based on a path and not
a direct assumption. Flow paths that correspond to the time of concentrations used in
HydroCAD should be noted on the drainage maps.
4. Infiltration Pond 1 P should be revised within the proposed drainage calculations. The
starting elevation of the silt basin pond should be modified to 912.8, which corresponds
to the overflow noted on the plans. The silt basin area cannot be used for exfiltration.
The exfiltration surface area can only be modeled for the infiltration/ponding basin.
Infiltration pond P1 should be modeled as two separate ponds.
5. The time span for the HydroCAD calculation should be changed from 2.00-24.00 hrs to
0.00-24.00 hrs. A full 24-hour period should be accounted for.
Documentation should be provided as to the basis of the infiltration rates being used in
the calculations.
7. Storm water pipe calculations should be provided for verification of pipe sizes.
Preliminary Plat
1. Front footage should be verified at the building set back line to ensure they meet a
minimum width of seventy-five feet for Lots 5, 6, and 7.
2. Additional drainage and utility easement may be necessary on Lots 6 and 7 depending
on proposed contours that are added. All drainage from Lot 7 across Lot 6 should be
covered. An access path to the infiltration pond in the northwest corner of the site
should also be designated and covered by a drainage and utility easement for City
access to the pond with maintenance equipment.
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Planning Commission
October 5, 2007
Page Three
Miscellaneous
1. A Stormwater Pollution Prevention Plan should be submitted for review and approval.
2. All required permits should be provided including the Watershed Permit, Minnesota
Department of Health, and Minnesota Pollution Control Permit for the sanitary sewer
extension.
The above comments should be addressed and plans should be resubmitted for review. If you
have any questions concerning this information, please call me at (763) 780-0450 ext. 13.
Sincerely,
Elfering & Associates
~ ~~~
Lee Elfering, P.E.
City Engineer
3
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