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HomeMy WebLinkAboutPL PACKET 12162003 Meeting Sheet II VIII VIII VIII VIII VIII VIII IIII IIII 102902 BOX: 27 Folder: PL PACKETS 2000-2004 Document: PL PACKET 12162003 CITY OF ST. ANTHONY PLANNING COMMISSION MEETING AGENDA DECEMBER 16, 2003 7 p.m., Council Chambers 1. CALL TO ORDER 2. PLEDGE OF ALLEGIANCE 3. ROLL CALL 4. PUBLIC INPUT Individuals may address the Planning Commission about any item not included on the regular agenda. Speakers are requested to come to the podium; state their name and address for the Clerk's record,-and limit their remarks-to five minutes. 5. APPROVAL OF AGENDA 6. MEETING MINUTES 6.1 Review and Approve Planning Commission Minutes of November 18, 2003 7. COMMUNICATION WITH CITY COUNCIL 7.1 Designate a Planning Commission Member to the January 6, 2004, City Council Meeting 8. PUBLIC HEARING 8.1 Rod Rabine, 2800 34th Avenue NE, requests for addition to front of 'home: (a) lot coverage variance; and (b) front yard setback variance 9. INFORMATION AND DISCUSSION 10. ANNOUNCEMENTS 11. ADJOURNMENT Planning Commission Meeting Minutes November 18, 2003 Page 1 1 CITY OF ST. ANTHONY 2 3 PLANNING COMMISSION MEETING 4 5 November 18, 2003 6 7:00 p.m. 7 8 9 I. CALL TO ORDER 10 Chair Melsha called the meeting to order at 7:00 p.m. 11 12 II. PLEDGE OF ALLEGIANCE. 13 Chair Melsha invited the Council and the audience to join in the Pledge of Allegiance. 14 15 III. ROLL CALL. 16 Commissioners present: Chair Melsha; Vice Chair Stille; Commissioners Hanson, 17 Hoska, Steeves, Stromgren and Tillman. 18 19 Also present: Assistant City Manager Susan Hall; Len Pratt, Pratt/Ordway 20 Properties. 21 22 IV. PUBLIC INPUT. 23 24 No one stepped forward. 25 26 V. APPROVAL OF AGENDA. 27 28 Motion by Commissioner Hanson, second by Commissioner Hoska, to approve the meeting 29 agenda as presented. 30 31 Motion carried unanimously. 32 33 VI. MEETING MINUTES. 34 6.1 Review and Approval - Planning Commission Minutes of October 21, 2003. 35 36 Commissioner Hanson stated that he had corrections. He noted: Page 5, line 20; Page 7 line 12 37 references Chair Tillman, it should be Commissioner Tillman. 38 39 Ms. Hall stated that she had a correction. She noted: Page 7, line 30 references `El Way Bakery', 40 it should be `El Rey Bakery'. 41 42 Motion by Chair Melsha, second by Commissioner Stromgren, to approve the Planning 43 Commission meeting minutes of October 21, 2003 as amended. 44 45 Motion carried unanimously. 46 Planning Commission Meeting Minutes November 18, 2003 Page 2 1 VII. COMMUNICATION WITH CITY COUNCIL. 2 7.1 Designate a Planning Commission member to the October 28, 2003 City Council 3 Meeting. 4 5 Chair Melsha noted that Commissioner Tillman has indicated that she would be available to 6 attend the next City Council meeting on November 25, 2003. 7 8 VIII. PUBLIC HEARINGS. 9 8.1 Amend Zoning Code to Allow Adult Day Care Centers as Conditional Uses in Light 10 Industrial Districts. 11 12 Chair Melsha opened the Public Hearing at 7:03 p.m. 13 14 Chair Melsha reviewed the zoning code request with the Commission stating that property owner 15 requesting the amendment change has informed the Commission that the potential daycare user 16 found another location and the property owner has decided not to pursue this request. He 17 suggested that the Commission make a motion recommending denial of the proposed 18 amendment because there is no formal request on file. 19 20 Chair Melsha closed the Public Hearing at 7:04 p.m. 21 22 Motion by Chair Melsha, seconded by Vice Chair Stille to deny the proposed amendment 23 because no formal request is on file. 24 25 Motion_ carried unanimously. 26 27 8.2 Apache Redevelopment, LLC, Silver Lane to the north: Silver Lake Road to the east: Soo Line 28 Railroad Right-of-Way to the south: and Stinson Boulevard to the west, Rezone the Above- 29 Referenced Property from Commercial to Planned Unit Development. 30 31 Chair Melsha opened the Public Hearing at 7:05 p.m. 32 33 Susan Hall stated that on September 16, 2003 the Planning Commission held a public 34 hearing regarding the preliminary concept plan and plat and final retail plan and plat for the 35 Apache Redevelopment area. She stated that on September 23, 2003 the City Council 36 approved the overall concept plan and plat as well as the final retail plan. She provided the 37 Commission with an overview of the discussion stating that Council adopted Resolution 03- 38 081 approving the documents and adopted findings of fact and conditions of approval. She 39 reviewed the conditions of approval with Commission noting that the Planning Commission 40 did not formally recommend approval of the rezoning. She explained that there are no 41 changes to the plan and that this hearing is to allow the Planning Commission to recommend 42 approval to allow the redevelopment process to begin. 43 44 Chair Melsha closed the Public Hearing at 7:06 p.m. 45 Planning Commission Meeting Minutes November 18, 2003 Page 3 1 Vice Chair Stille clarified his understanding of the findings noting that this is a 2 housekeeping issue. 3 4 Commissioner Hanson referenced a letter he had recently read addressing concerns 5 regarding the Soo Line Railroad and the approximate location of housing along the tracks. 6 He stated that concerns have been expressed that the housing units would be too close to the 7 tracks and asked if the Commission should discuss this issue. He asked Mr. Pratt if he had 8 received or read the letter. 9 10 Mr. Pratt stated that he had not seen the letter regarding the location of the tracks in relation 11 to the housing units. He explained that he spoke with Kim regarding the concerns and 12 reviewed with the Commission. He clarified that in this particular case, the topography and 13 the location of the parking lot allows enough separation between the housing units and the 14 railroad tracks that they do not see this as an issue. 15 16 Commissioner Stromgren asked if the letter was a routine letter issued by the railroad. Ms, 17 Hall confirmed stating that the railroad issues this letter as a part of their procedure and 18 reviewed with the Commission. 19 20 Commissioner Tillman suggested that they include a notation in the information packet 21 provided to new residents that references the letter and lets the residents know that they are 22 aware of the concerns this letter addresses regarding the location of the railroad tracks and 23 housing units. She clarified that all they have left to do is finalize the plan for the residential 24 area. Ms. Hall confirmed that finalizing the plan for the residential area is all they have left 25 to do noting that this would probably be presented to the Commission in two phases. 26 27 Len Pratt, Developer, Pratt/Ordway Properties, clarified that the residential portion includes 28 both the rental and the for sale communities. He explained that the For Sale community does 29 have issues regarding the additional acquisition of three parcels. He stated that the rental 30 community is ready to move forward adding that they are currently in the negotiation process 31 for the three buildings presently located on 39`h and reviewed with the Commission. Ms. 32 Hall clarified further stating that the developer has to have full control of the property before 33 they can come forward to present the final plan for residential properties. 34 35 Motion by Chair Melsha, second by Vice Chair Stille, to recommend approval of the Apache 36 Redevelopment, LLC, Silver Lane to the north; Silver Lake Road to the east; Soo Line Railroad 37 Right-of-Way to the south; and Stinson Boulevard to the west, to rezone the referenced property 38 from Commercial to Planned Unit Development. 39 40 Motion carried unanimously 41 Planning Commission Meeting Minutes November 18, 2003 Page 4 1 IX. INFORMATION AND DISCUSSION. 2 3 Chair Melsha stated that he and Vice Chair Stille have been working together on an amendment 4 for the sign ordinance and reviewed with the Commission. He suggested that any further work 5 on the amendment be tabled pending the turnover of members on the Planning Commission. He 6 suggested addressing this issue at the goal setting session for the City Council lin January. 7 8 X. ANNOUNCEMENTS. 9 10 Ms. Hall stated that applications for membership to the Planning and Park Commissions are 11 being accepted through November 24, 2003. She encouraged anyone interested in serving 12 on either Commission submit a letter of interest, including their resume, to the City Manager 13 for consideration. 14 15 Commissioner Hanson congratulated Vice Chair Stille on his election to the City Council. 16 He thanked him for all of his hard work and contributions while serving on the Planning 17 Commission and wished him well. He encouraged those who ran for City Council positions 18 to consider joining one of the Commissions noting that it would provide them with 19 additional experience. 20 21 XII. ADJOURNMENT 22 23 Motion by Commissioner Hanson, second by Chair Melsha, to adjourn the meeting at 7:15 24 p.m. 25 26 Motion carried unanimously. 27 28 29 Respectfully submitted, 30 31 32 Bonnie Sullivan 33 Timesaver Off Site Secretarial, Inc. 34 i MEMORANDUM DATE: 12/10/03 MEETING DATE: 12/16/03 TO: Chair Melsha & Planning Commission Members FROM: Susan M.H. Hall, Assistant City Manage �p SUBJECT: Rod Rabine, 2800 34th Avenue NE Requested Action: Rod Rabine, 2800 34th Avenue NE, is requesting two variances to complete an addition to the front of his home. The first variance request is for lot coverage; the proposed addition exceeds the allowable maximum of 35 percent in the R-1 single-family zoning district by 2 percent. According to the petitioner, the project will put the total lot coverage over by - approximately 220 square feet. With the proposed addition, the lot coverage would measure 3,895 square feet and the lot measures 10,500 square feet—for a total of 37 percent lot coverage. The second variance request is for the front yard--setback because the proposed addition would encroach into the front yard by ten feet. In the R-1 single-family zoning district, the front yard must have a depth equal to the greater of 30 feet or a distance equal to the average of the front yard depths of the two adjacent lots. Given this formula, staff went to the subject property to measure the adjacent two lots. Staff found that the east property (2804 34th Avenue NE) measures 30 feet from curb to home and the west property (2712 34th Avenue NE) measures 35 feet from curb to home. An average of the two adjacent lots is 33 feet; therefore, the subject property should have this depth at a minimum. The petitioner is proposing to extend 10 feet out from the. current front of home, or a 10-foot variance request,-which would leave a 23-foot front yard setback. Background: The petitioner is requesting two variances be granted for a 240 square foot addition to the front of his home. The addition includes a handicap accessible front entry and a handicap bathroom on the main floor. The petitioner explains-the hardship is his mother who stays with his family on occasion; she is in need of the handicap accessible entry and bathroom (see letter attached). While the petitioner's application contains front yard measurements on a hand drawing, staff verified the subject property in relation to the neighboring lots, because of the formula for the front yard setback in the zoning code. The measurements on the hand drawing are not reflective of staff's interpretation; however, the petitioner is in agreement with city staff at this point. Staff asked the petitioner if it was possible if the addition could be placed on the back of the home, possibly minimizing the front yard setback. The reply was that he had never thought about it, but he said he would consider it further. Staff Recommendation: The front yard setback variance is a significant request; granting it would impact the site lines along the block as all of the homes are basically aligned. If the petitioner were open to it, staff recommends the petitioner look at putting the addition onto the back of the home. It would also keep the front of the homes looking similar in design standards, etc. The lot coverage variance isn't as significant as the former request; however, it should be noted in light of the surrounding area and its appropriateness, given the hardship noted by the petitioner. Attachments: • Application for Lot Coverage Variance • Application for Front Yard Setback Variance • Site Map • Survey • Drawings i Date: Fee: 0 (� R-1 . . . . . . $ 60.00 Other . . . . $100.00 CITY OF ST. ANTHONY VILLAGE Petition for Variance Applicant: 966 Ror bi` e Phone: 6lZ 7F9` yd 72- Address: ZYr`00 71 gyri Ail i✓E 5't 44-41o"y �-✓ �!/� Status of Applicant (Owner, Buyer, Lessee, etc.): Owkiey— Legal Description of property proposed for variance: Lo-- S elack 2. i3e1 E. ery-nce Street Address: 2n0 lq?N' II✓ 41,,!5-, Presently Zoned: Res: -1 Minnesota Statutes and City Ordinances require that the following conditions must be satisfied for approval of this request. Please respond to these conditions using additional sheets if necessary. 1. Because of the particular physical surroundings, shape, or topographical conditions of the parcel or lot, the proposed variance. would relieve an undue'hardshipas distinguished from a mere inconvenience, should the applicable ordinance be strictly enforced. 2. The purpose of the proposed variance is not based exclusively upon a desire to increase the value or income potential of the parcel of land, but would correct extraordinary circumstances applicable to this property but not applicable to other property in the vicinity or zoning district. See 3. The alleged difficulty or hardship is caused by the City Ordinance and has not been created by any persons presently havin an interest in the parcel of land. Sic c -I'uc�tj 1H HV— Signature of Applicant 11 - 17 -03 *60 . 00R Variances. (1665.06) Application. An owner of property with an existing structure which does not comply with the Zoning Code, or of property on which such a structure is proposed to be constructed, may apply fora variance upon payment of the fee as specified in the Zoning Ordinance. Council Approval. Variances to the dimensional provisions of the Zoning Code may be granted by the Council upon recommendation of the Planning Commission, after a public hearing is held by the Planning Commission. Variances will not be granted with respect to uses. A majority of affirmative votes by the Councilmembers present is required to approve a variance request. Evidence. No variance.will be granted unless the evidence presented by the petitioner discloses all of the following facts: (a) The subject matter of the application is within the scope of the Zoning Ordinance subsection regarding variances. (b) Strict enforcement of the ordinance would cause undue hardship because: 1.) The property cannot be put to a reasonable use without the variance. 2.) The circumstances causing the hardship were not created by the owner. 3.) The variance, if granted, will not alter the essential character of the locality. 4.) Economic considerations alone are not the basis of the hardship. (c) The circumstances.causing the hardship are unique to the individual property under consideration.. (d) The granting of the variance is in keeping with the spirit and intent of the Zoning Code. Planning Commission Recommendation. The Planning Commission will consider the application at a public hearing at any regular or special meeting. Notice for the public hearing will be given in accordance with Section 115 of the City Ordinance. The Planning Commission, sitting as the Board of Adjustments and Appeals, will make a recommendation to the Council as follows: (a) Recommend that the variance application can be granted because the evidence considered at the meeting supports each of the findings Rod Rabine 2800 34th Ave NE St. Anthony,MN 55418 612-789-4072 11-15-03 Dear Members of the Planning Commission and City Council, I am applying for a variance affecting the front of our home. The goal of the project is to create a handicap accessible front entry, and a handicap bathroom on the main floor. This project will put our total lot coverage over by approximately 220 sgfl.. The circumstances leading to the project are as follows; My mother and father live in Michigan during the summer. They are 70 plus years old, and my motheris paralyzed from the waist down. She is permanently in a wheel chair and has trouble getting into the front of our home. As of now we do not have a ramp, but wish to put one in creating an accessible entry. My parents live with us several months out of the winter, and visit often during the summer. The other goal of the project is to create a handicap bathroom on the main floor. As of now we have one small bathroom on the main floor. My mother is limited to the main floor and the one small bathroom. It takes my mother 30+minutes to use the toilet, and over 1 hour to bathe. This causes her stress and makes her uncomfortable taking the time she needs to use the bathroom. There are times she will not bathe for several days because she does not want to take up the time in the bathroom. An additional bathroom will give her the space and time she needs to comfortably use the bathroom stress free. My wife and I have a 4 year old son and plan on raising him here in St. Anthony. We have lived here for 2 1/2 years. I have a secure job with the City of Mpls, and appreciate the proximity of my home to my job. We have no intentions of selling our home, on the contrary we plan on staying here until retirement. I say this to show we are not motivated by the increased value of our home, but only the relieve this project will bring. It is important to us to give my mother a home she can live in without the hardships of a non-accessible home. If for any reason my father were to pass on, I feel obligated and would insist on having a home my mother could live in. This project would give us that home and relieve the hardship. We thank you for your consideration and assistance in this matter. Rod Rabine Materials used in project )Front porch with handicap ramp *Decking will be cedar *Porch facing will be stone or brick *Porch will have railings with pillar posts *Ramp will come off the driveway *Front door will be changed to facing the street Handicap bathroom addition *Siding will be brick or stucco *Two additional windows will be added Landscaping *Various shrubs and flowers Our lot coverage in detail . Our lot is 10,500 sqft *35%=3675 sqft of coverage is allowed under city ordinance The coverage we have now broken down is; *2028 sqft House/Sidewalk *1052 sqft Driveway *440 sqft Garage *135 sqft Rear porch Total coverage is 3655 sqft leaving 20 sqft of coverage left to be used The proposed project will add an-additional 240 sqft of coverage *240 sqft -20 sqft=220 sqft of coverage over the 35% allowed under city ordinance. Date: Fee: 66.00 R-1 . . . . . . $ 60.00 Other . . . . $100.00 CITY OF ST. ANTHONY VILLAGE Petition for Variance Applicant: god 90,t7 in Phone: bl Z— Address: Z.M n-17J Hj/ A✓1;P• rS'� ✓�n�`�v��i Status of Applicant (Owner, Buyer, Lessee, etc.): ©4+/v►�✓— Legal Description of property proposed for variance: Lmt S i locLCz Ir�mace Street Address: ALI Alff- off ;4;►-'4n� Presently Zoned: ►'Cd GA+a1011 Minnesota Statutes and.City Ordinances require that the following conditions must be satisfied for approval of this request. Please respond to these conditions using additional sheets if necessary. 1. Because of the particular physical surroundings, shape, or topographical conditions of the parcel or lot, the proposed variancewould relieve an undue'hardship, as distinguished from a mere inconvenience, should the applicable ordinance be strictly enforced. 2. The purpose of the proposed variance is not based exclusively upon a desire to increase the value or income potential of the parcel of land, but would correct extraordinary circumstances applicable to this property but not applicable to other property in the vicinity or zoning district. 3. The alleged difficulty or hardship is caused by the City Ordinance and has not been created by any persons presently having an interest in the parcel of land. Xz4r Signature of Applicant Variances. (1665.06) Application. An owner of property with an existing structure which does not comply with.the Zoning Code, or of property on which such a structure is proposed to be constructed, may apply for a variance upon payment of the fee as specified in the Zoning Ordinance. Council Approval. Variances to the dimensional provisions of the Zoning Code may be granted by the Council upon recommendation of the Planning.Commission, after a public hearing is held by the Planning Commission. Variances will not be granted with respect to uses. A majority of affirmative votes by the Councilmembers present is required to approve a variance request. Evidence. No variance.will be granted unless the evidence presented by the petitioner discloses all of the following facts: (a) The subject matter of the application is within the scope of the Zoning Ordinance subsection regarding variances. (b) Strict enforcement of the ordinance would cause undue hardship because: 1.) The property cannot be put to a reasonable use without the variance: 2.) The circumstances causing the hardship were not created by the owner. 3.) The variance, if granted, will not alter the essential character of the locality. 4.) Economic considerations alone are not the basis of the hardship. (c) The circumstances.causing the hardship are unique to the individual property under consideration. (d) The granting of the variance is in keeping with the spirit and intent of the Zoning Code. Planning Commission Recommendation. The Planning Commission will consider the application at a public hearing at any regular or special meeting. Notice for the public hearing will be given in accordance with Section 115 of the City Ordinance. The Planning Commission, sitting as the Board of Adjustments and Appeals, will make a recommendation to the Council as follows: (a) Recommend that the variance application can be.granted because the evidence considered at the meeting supports each of the findings Rod Rabine 2800 34th Ave NE St. Anthony, MN 55418 612-789-4072 11-15-03 Dear Members of the Planning Commission and City Council, I am applying for a variance affecting the front of our home. The goal of the project is to create a handicap accessible front entry, and a handicap bathroom on the main floor. oject vil tan h o t of u�ha %e �_ u t +( #'ia Iv M., ne. 11� beaer The circumstances leading to the project are as follows; My mother and father live in Michigan during the summer. They are 70 plus years old, and my mother is paralyzed from the waist down. She is permanently in a wheel chair and has trouble getting into the front of our home. As of now we do not have a ramp, but wish to put one in creating an accessible entry. My parents live with us several months out of the winter, and visit often during the summer. The other goal of the project is to create a handicap bathroom on the main floor. As of now we have one small bathroom on the main floor. My mother is limited to the main floor and the one small bathroom. It takes my mother 30+minutes to use the toilet, and over 1 hour to bathe. This causes her stress and makes her uncomfortable taking the time she needs to use the bathroom. There are times she will not bathe for several days because she does not want to take up the time in the bathroom. An additional bathroom will give her the space and time she needs to comfortably use the bathroom stress free. My wife and I have a 4 year old son and plan on raising him here in St. Anthony. We have lived here for 2 1/2 years. I have a secure job with the City of Mpls, and appreciate the proximity of my home to my job. We have no intentions of selling our home, on the contrary we plan on staying here until retirement. I say this to show we are not motivated by the increased value of our home,but only the relieve this project will bring. It is important to us to give my mother a home she can live in without the hardships of a non-accessible home. If for any reason my father were to pass on, I feel obligated and would insist on having a home my mother could live in. This project would give us that home and relieve the hardship. We thank you for your consideration and assistance in this matter. Materials used in project Front porch'with handicap ramp *Decking will be cedar, or concrete *Porch facing will be stone or brick *Porch will have railings with pillar posts *Ramp will come off the driveway *Front door will be changed to facing the street Handicap bathroom addition *Siding will be brick or stucco *Two additional windows will be added Landscaping *Various shrubs and flowers Our lot coverage in detail Our lot is 10,500 sqft *35%= 3675 sqft of coverage is allowed under city ordinance The coverage we have now broken down is; *2028 sqft House/Sidewalk *1052 sqft Driveway *440 sqft Garage *135 sqft Rear porch Total coverage is 3655 sqft leaving 20 sqft of coverage left to be used The proposed project will add an additional 240 sqft of coverage *240 sqft - 20 sqft =220 sqft of coverage over the 35% allowed under city ordinance. • ,, r 1 �3 r it 31$,3 z�tjt 30lkt Bt z'q3--k;PP O 1011 Aitt.; adzis i�ai}P ink tQpun.ao.4ui kq na:2et3afi L7 'as ;lcds Al a 71a� h'c aa t. 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