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HomeMy WebLinkAboutPL PACKET 11182008 Meeting Sheet IIIIIIVIIIVIIIVIIIVIIIVIIIIIIIIIII 104969 Box: 33 Folder: PL PACKETS 2005-2011 Document: PL PACKET 11182008 CITY OF ST. ANTHONY PLANNING COMMISSION MEETING AGENDA TUESDAY,, NOVEMBER 181, 2008 REGULAR PLANNING COMMISSION MEETING 7:00 P.M. COUNCIL CHAMBERS I. CALL TO ORDER. II. ROLL CALL. III. PLEDGE OF ALLEGIANCE. IV. APPROVAL OF MEETING AGENDA. V. APPROVAL OF MEETING MINUTES V.I. October 21, 2008 VI. COMMUNICATION WITH CITY COUNCIL. VII. PUBLIC HEARINGS. VII. 1. 3523 Harding Street NE VIII. CONCEPT REVIEWS. NONE IX. OTHER BUSINESS. IX. 1. Comprehensive Land Use Plan X. REPORTS FROM STAFF. X.I. Silver Lake Road Opening X.2. Recodification of City Code XI. COMMUNITY FORUM. Individuals may address the Planning Commission about any item not includedon the regular agenda. Speakers are requested to come to the podium, sign their name and address on the form at the podium,state their name and address for the Clerk's record, and limit their remarks to five minutes. The Planning Commission may refer the matter to staff for a future report or direct the matter to be scheduled on an upcoming agenda. XII. INFORMATION AND ANNOUNCEMENTS. XII. 1. Planning Commission Appointment Letters due November 21, 2008 XIII. ADJOURNMENT. F-TIanningTC Agendas\2008\1 1182008 pc agenda.doc r 1 CITY OF ST. ANTHONY 2 3 PLANNING COMMISSION MEETING 4 5 OCTOBER 21, 2008 6 7:00 p.m. 7 8 9 I. CALL TO ORDER. 10 I 1 Chair Stromgren called the meeting to order at 7:00 p.m. 12 13 II. PLEDGE OF ALLEGIANCE. 14 15 Chair Stromgren invited the Commission and the audience to join him in the Pledge of Allegiance. 16 17 III. ROLL CALL. 18 19 Commissioners Present: Chairperson Stromgren; Commissioners Jensen, Heinis, Jenson, Crone, 20 and Chaput. 21 Absent: Commissioner Goodwin. 22 Also Present: Assistant City Manager Kim Moore-Sykes. 23 24 IV. APPROVAL OF MEETING AGENDA. 25 26 Motion by Commissioner Crone, second by Commissioner Jensen, to approve the Planning 27 Commission Meeting Agenda of October 21, 2008. 28 29 Motion carried unanimously. 30 31 V. APPROVAL OF MEETING MINUTES 32 33 V.l. SEPTEMBER 16, 2008 34 35 Motion by Commissioner Jenson, second by Commissioner Heinis, to approve the September 16, 36 2008 Meeting Minutes as presented. 37 38 Motion carried unanimously. 39 40 VI. COMMUNICATION WITH CITY COUNCIL 41 42 None. 43 44 VII. PUBLIC HEARINGS 45 46 None. 47 48 VIII. CONCEPT REVIEWS 49 R Planning Commission Regular Meeting Minutes October 21, 2008 Page 2 1 VIII.l 3903 FOSS ROAD—REZONING REQUEST 2 3 Assistant City Manager Moore-Sykes presented the staff report on the rezoning request at 3903 4 Foss Road. She stated staff received a phone call from Mr. Tom Elbert,property owner of 3903 5 Foss Road, Mirror Lake Properties. Mr. Elbert asked about the possibility of rezoning the 6 property to R-4. He is interested in redeveloping 3903 Foss Road into an R-4 use. Currently the 7 property is designated as R-3, but the structure has been used for light industrial/commercial 8 uses. Staff explained that the City usually does not spot zone,but he can bring his proposal 9 before the City Planning Commission for their review and comments. In researching the 10 rezoning request staff has learned that there is an adjacent R-4 property to the south of this 11 property. Staff also advised Mr. Elbert that this meeting would not provide permission to change 12 the zoning designation; that he would be required to apply for a zoning change and go through 13 the public hearing process. Assistant City Manager Moore-Sykes stated the Planning 14 Commission has been presented with an email from Mr. Elbert indicating that he would like to 15 convert two offices of approximately 800 square feet into apartments. The Zoning Code requires 16 that an R-4 unit must be a minimum of 500 square feet. 17 18 Mr. Tom Elbert, applicant, addressed the Planning Commission and provided information on the 19 rezoning request for 3903 Foss Road. He reviewed the location of the subject building and 20 indicated that he has been unable to rent the building out for office space. He stated he believes 21 making the existing two offices into two one bedroom apartments would satisfy his needs and 22 would not be a commotion for the other tenants. 23 24 Chairperson Stromgren asked if the subject buildings are physically connected to the mini- 25 storage building. Mr. Elbert responded in the negative and stated there are garages on the back of 26 the building. He drew a sketch of the site and explained there would be two apartment units with 27 four garage stalls in the back. Mr. Elbert-stated the property tax parcel is the same for all of the 28 buildings on this site, but he pays two separate utility bills for the office buildings he is 29 proposing to convert into apartments. 30 31 Chairperson Stromgren questioned the ability to procedurally rezone two buildings out of an 32 entire complex. Mr. Elbert stated most of the property is zoned R-4 with a portion zoned R-3. He 33 inquired about the ability to rezone the entire site to R-4 and keep the current use of the other 34 buildings on the site. Chairperson Stromgren replied typically one parcel cannot be rezoned 35 without going through the legal means to separate that parcel. 36 37 Commissioner Jensen noted one question would be whether the Comprehensive Land Usee Plan 38 shows the uses as commercial or residential. He stated it would seem that the noncompliant 39 portion allows the other office uses to exist on the residential zoning, and if they are making a 40 portion of the existing structures compliant he does not know that there would be any special 41 requirement necessary other than the Comp Plan would then need to be amended to net out that j 42 portion that wishes to have a residential use. 43 44 Assistant City Manager Moore-Sykes stated 3901 and 3903 Foss Road are currently zoned as R- 45 3 and may already be separated out from the remaining properties that are zoned R-4. 46 Planning Commission Regular Meeting Minutes October 21, 2008 Page 3 1 Chairperson Stromgren indicated there would need to be a conversation with the Building 2 Official, as there are strict requirements on mixing storage and housing. 3 4 Mr. Elbert explained first he would like to see if this can be done. If so, he would go to the 5 Building Official to see what would be required in modifications or upgrades, and then see what 6 the cost would be. 7 8 Commissioner Jenson asked if there are any other examples in the City where commercial 9 buildings are portioned off to be multi-family or R-2 type apartments. Assistant City Manager 10 Moore-Sykes indicated she is not aware of this type of situation. 11 12 Commissioner Jensen stated from his background, if the zoning and the Comp Plan are in the 13 applicant's favor, he would need to proceed with the Building Official to create the right code 14 separation and allow for the residential use to occur. It would appear to him that they may not 15 need a procedural task to happen if the zoning and the Comp Plan are correct. 16 17 Chairperson Stromgren questioned if the proposed use falls under the description of R-3 uses. 18 Assistant City Manager Moore-Sykes indicated it would need to be verified that the units would 19 meet the R-3 requirements on unit size. 20 21 Commissioner Jenson questioned why there would be a problem to convert a portion of the 22 building to an R-3 use if it is already zoned as R-3. Assistant City Manager Moore-Sykes replied 23 there might be problems with the fire code or other building code issues that would need to be 24 sorted out in order to proceed. 25 26 Commissioner Jensen noted the residential units would need to be apartments versus townhomes, 27 as there would be shared water and sewer lines. 28 29 Chairperson Stromgren informed Mr. Elbert that given that this is really a commercial setting, 30 rezoning it to residential when there is a grandfathered nonconforming use so that 5%of it can 31 be rented out, there might be a problem with that kind of approach at the Planning Commission 32 and the City Council. It would really be spot zoning at that point. 33 34 Mr. Elbert inquired about rezoning the entire site to R-4. Chairperson Stromgren explained it 35 could be a problem to rezone the entire parcel to a residential category if 90% - 95%will remain 36 commercial or industrial. It is difficult for the Commission to comment much further without 37 having more information about the property and the uses. 38 39 Commissioner Jensen suggested Mr. Elbert have a sketch overlay prepared of the site with the 40 percentage of residential to commercial uses. He noted a lender will want a compliant underlying 41 property. 42 43 Assistant City Manager Moore-Sykes indicated staff will look into more of the zoning issues and 44 talk with Mr. Elbert further to determine if they can get something that conforms to both the 45 zoning code and his needs. 46 i Planning Commission Regular Meeting Minutes October 21, 2008 Page 4 1 VIII.2 3523 HARDING STREET NE— ADMINISTRATIVE LOT COMBINATION 2 3 Assistant City Manager Moore-Sykes presented the staff report on the request for a lot 4 subdivision/combination at 3523 Harding Street NE. She stated in reviewing the applicant's 5 demolition and building permits, staff discovered that 3523 Harding Street is really two lots, one 6 lot is 15'x130', Lot 3, Block 5, Gardena Acres and adjacent to another lot which is 60'x130', and 7 also described by Hennepin County as Lot 3, Block 5, Gardena Acres. Both of these lots 8 individually are not conforming with regard to square footage. Combined, these lots would be 9 9,750 square feet,meeting the ordinance requirement for an interior lot being a minimum of 10 9,000 square feet. A residential structure does exist at this site, and possibly across both lots. 11 Because both lots have the same legal description, staff believes that there was intent to combine 12 the lots,which never occurred. Assistant City Manager Moore-Sykes stated staff advised the 13 contractor of this non-conforming situation with the lots and informed Mr. Patrick O'Keefe, 14 Bayshore Properties, LLC, that because of the proposed changes to the property, these two lots 15 need to be combined to alleviate the non-conforming situation, as required by the City's Zoning 16 Ordinance. Staff further advised Mr. O'Keefe that the City could combine these two lots 17 administratively provided, as the owner, Mr. O'Keefe is agreeable to the combination; that the 18 combination of these lots is permanent; and that this newly combined parcel will be treated as 19 one parcel for purposes of all applicable ordinances of the City. The property line between the 20 parcels will be disregarded for purposes of the City's setback, building and zoning ordinances. 21 Assistant City Manager Moore-Sykes stated Mr. O'Keefe has agreed to the administrative lot 22 combination. The City Attorney has reviewed the application and has provided a Declaration of 23 Restrictions for Mr. O'Keefe's signature. 24 25 Chairperson Stromgren commented this appears to be a housekeeping item with a public hearing 26 to be scheduled. Assistant City Manager Moore-Sykes indicated an application will be submitted 27 - to the City Clerk for publication in the City newspaper. The public hearing will be included on 28 the Commission's November meeting agenda. 29 30 Chairperson Stromgren asked if the property is owned by a contractor. Assistant City Manager 31 Moore-Sykes responded in the affirmative and indicated the contractor has buyers for the 32 property. 33 34 Commissioner Jensen stated the document presented for signature strikes him as a Declaration of 35 Undertaking, rather than a Declaration of Restriction. He stated the City is served by the ultimate 36 combination of two parcels. To have the parcel combined in torrens, rather than Abstract, will 37 make the process more cumbersome. He noted without seeing the title work, there may be an 38 underlying legal reason why the property was required to remain as two parcels at one time. The 39 City Attorney should be able to get to the bottom of that relatively quickly when reviewing the 40 title work. He pointed out that the City is not restricting anything, other than requesting it to be 41 cleaned up,provided the title allows for that. It will likely take up to four to five months in 42 torrens to recognize the combination, which would be the only reason to require the undertaking 43 be recorded in torrens. Requiring the documents to sunset upon combination would be prudent. 44 45 Assistant City Manager Moore-Sykes stated the contractor recently purchased this property, so 46 the title was likely reviewed at the time of the sale and closing. This will be verified. Planning Commission Regular Meeting Minutes October 21, 2008 Page 5 1 2 IX. OTHER BUSINESS. 3 4 IX.1 RECODIFICATION OF CITY CODE 5 6 Assistant City Manager Moore-Sykes reported the Recodification of the City Code is ready for 7 review by the Planning Commission. Staff will be reviewing the Recodification through October 8 31St, at which time corrections will be submitted to American Eagle Publication. She requested 9 the Commission to submit any needed corrections that are noted to staff. 10 11 X. REPORTS FROM STAFF 12 13 None. 14 15 XI. COMMUNITY FORUM. 16 17 None. 18 19 XII. INFORMATION AND ANNOUNCEMENTS. 20 21 Commissioner Jenson inquired about the scheduled grand opening for Silver Lake Road and 22 whether there is new information available on the Silver Lake Village project. Assistant City 23 Manager Moore-Sykes replied at this time the target date for Silver Lake Road is November 17tH 24 There is no new information available on Silver Lake Village at this time. 25 26 XIII. ADJOURNMENT. 27 28 Motion by Commissioner Jenson, second by Commissioner Jensen, to adjourn the meeting at 29 7:30 p.m. 30 31 Motion carried unanimously. 32 33 Respectfully submitted, 34 Carol Hamer 35 TimeSaver Off Site Secretarial, Inc. I I STAFF REPORT To: Planning Commission Report No.: VII.1 From: Kim Moore-Sykes,Assistant City Manager 14,W2 Date: October 21, 2008 Subject: 3523 Harding Street NE — Administrative Lot Combination Requested Action: Public Hearing of Administrative Lot Combination Date Application Received: October 23, 2008 Property Address: 3523 Harding Street NE Zoning District: R1 60-Day Expires: December 22, 2008 Waiver Letter Required: Yes Date Sent: No X Future Action: Council Action at Council meeting on November 25, 2008 on Planning Commission's Recommendation. Background: In reviewing the applicant's demolition and building permits, Staff discovered that 3523 Harding is really two lots, one lot is 15'x130', Lot 3,Block 5, Gardena Acres and adjacent to another lot which is 60'x130', and also described by Hennepin County as Lot 3, Block 5, Gardena Acres. Both of these lots individually are not conforming with regard to square footage. Combined, these lots would be 9,750SF, meeting the City's Ordinance requirement of an interior lot being at minimum 9,000SF. A residential structure has existed on this site and possibly across both lots since 1957. Because both lots have the same legal description, Staff believes that at one time, there was intent to combine these lots. AFplication Review: Administrative Lot Combination. i Analysis: Due to the recent demolition of the residential structure at 3523 Harding, there was a significant reduction in market value of the property. Staff advised the contractor and Mr. Patrick O'Keefe, the owner, of the resultant non-conforming lots and that because of significant changes to the property, the City's Zoning Code requires these two lots need to be combined to alleviate this non-conforming situation. Staff further advised Mr. O'Keefe that the City would combine these two lots administratively provided, as the owner,Mr. O'Keefe is agreeable to the combination; that the combination of these lots is permanent; and that this newly combined parcel will be treated as one parcel for purposes of all applicable ordinances of the City and that the property line between the parcels be disregarded for purposed of the City's setback,building and zoning ordinances. Mr. O'Keefe agreed to the Administrative Lot Combination. The City Attorney has reviewed the application and has provided a Declaration of Lot Combination for Mr. O'Keefe's signature. Lot_Combo 3523 Harding St NE Staff Report 11182008.doc Action: Recommendation from the Planning Commission to theCity Council to approve the requested Administrative Lot Combination for 3523 Harding Street NE. Communications: Staff has received several phone calls questioning the situation and its impact on their property. No one voiced an objection to the project. Attachments: • Declaration of Lot Combination • Site map from Hennepin County i II Lot Combo 3523 Harding St NE Staff Report 11182008.doc DECLARATION OF LOT COMBINATION THIS DECLARATION is made and executed as of November , 2008, by Skyway Construction, a Minnesota professional corporation, as the owner of the real property hereinafter described ("Owner"), for the benefit of the CITY OF ST. ANTHONY, a municipal corporation under the laws of the State of Minnesota (the "City"). A. Owners are the fee owners of the two parcels of real property located in the City of St. Anthony, County of Hennepin, State of Minnesota, legally described on Exhibit A attached hereto and identified on the attached Exhibit A as "Parcel A" and "Parcel B" (together referred to as the "Property"). B. Owner wishes to combine Parcels A and B into one contiguous tract or parcel in order that they be treated as one parcel for purposes of all applicable ordinances of the City and in order that the property line between the parcels be disregarded for purposes of the City's setback,building and zoning ordinances. C. The City Council will consider and take action on this request to approve the combination of Parcels A and B subject to the condition that this DECLARATION be executed by the Owner and recorded by the City to administratively combine Parcel A and Parcel B, and to be binding upon the Owner and all subsequent owners of the Property. NOW,THEREFORE, The Owner for itself, its legal representatives' successors and assigns, hereby declare that the Property shall be held, transferred, sold, conveyed and occupied subject to the following restrictive covenants: 1. Parcel A shall be combined with Parcel B in any conveyance of either parcel, and no part of the Property shall be separately conveyed without the prior written consent of the City, as approved by the City Council. 2. Parcels A and B shall be combined for real estate tax purposes into one tax parcel having a single property identification number. The Owner shall sign all appropriate forms and documents necessary to effect such tax parcel combination, and no subsequent division of the tax parcel shall occur without the prior written consent of the City, as approved by the City Council. 3. The restrictive covenants herein contained shall operate as covenants running with the title to the Property and shall be enforceable by the City. The City shall have the right to sue for and obtain an injunction, prohibitive or mandatory, to I i I I prevent the breach of the covenants herein contained, or to take any other action to enforce the performance or observance of the restrictive covenants herein set forth. 4. These restrictive covenants shall inure only to the City and its successors and assigns. Any modification, amendment, termination or release of the restrictions herein contained may be made pursuant to a document executed by only the City and then fee owners of the Property. IN WITNESS WHEREOF, The undersigned have caused this instrument to be executed as of the day and year first above written. SKYWAY CONSTRUCTION, P.A. By It's President STATE OF MINNESOTA) ) ss. COUNTY OF HENNEPIN) The foregoing instrument was acknowledged before me this day of November, 2008, by Patrick O'Keefe, the President of Skyway Construction., a Minnesota professional corporation. Notary Public THIS INSTRUMENT WAS DRAFTED BY: DORSEY & WHITNEY (JPG) 220 South Sixth Street Minneapolis, MN 55402 I -2- EXHIBIT A Legal Description: 3523 Harding Street NE PARCEL A: PID— 06-029-23-21-0097 Lot 3, Block 5, Gardena Acres, Hennepin County, Minnesota. N %2 of W '/z PARCEL B: PID —06-029-23-21-0098 Lot 3, block 5, Gardena Acres, Hennepin County, Minnesota. N15ftofS '/2 of W '/z A-1 Hennepin County Property Map Print Page 1 of 1 Hennepin County Property Map - Tax Year: 2008 The data contained on this page is derived from a compilation of records and maps and may contain discrepancies that can only be disclosed by an accurate survey performed by a licensed land surveyor.The perimeter and area(square footage and acres)are approximates and may contain discrepancies.The information on this page should be used for reference purposes only. Hennepin County does not guarantee the accuracy of material herein contained and is not responsible for any misuse or misrepresentation of this information or its derivatives. I I 3537 3538 3540 ! 3529 3530 3532 I 3523 3920 3524 3523 2 ' t 3519 3314 3516 1 3515 3512 3512 Selected Parcel Data Date Printed: 9/17/2008 9:17:47 AM Parcel ID: 06-029-23-21-0098 Current Parcel Date: 9/4/2008 I Owner Name: F BROWN ET AL Parcel Address: 3523 HARDING ST N E, ST.ANTHONY, MN 55418 Property Type: VACANT LAND-RES Sale Price: $0.00 Homestead: HOMESTEAD Sale Date: / Area (sclft): 2146 Sale Code: Area (acres): 0.05 A-T-B: TORRENS Market Total: $2,000.00 Tax Total: $71.98 I http://gis.co.hennepin.mn.us/HCPropertyMap/Locator.aspx?PID=0602923210098 9/17/2008 Hennepin County Oblique Aerials Page 1 of 1 Hennepin County Oblique Aerials Images courtesy of:Microsoft©Virtual EarthTM 2008 Flight Date:April 2006 chow/Hlde Mao Control ..J r r R H St Anthony 9 _ $ Z = s v �a tp y M U1C m 34th Ave NE $t - - 25 yds �•. � a - http://gis.co.hennepin.mn.us/HCPropertyMapBirdseye.aspx?PID=0602923210098 9/17/2008