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HomeMy WebLinkAboutPL PACKET 03162010 Meeting Sheet IIIIIIVIIIVIIIVIIIVIIIVIIIIIIIIIII 104989 Box: 33 Folder: PL PACKETS 2005-2011 Document: PL PACKET 03162010 CITY OF ST. ANTHONY PLANNING COMMISSION MEETING AGENDA TUESDAY, MARCH 16, 2010 3OINT CITY COUNCIL MEETING 5:30 P.M. COUNCIL CHAMBERS 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 OF JANUARY 19, 2010. VI. COMMUNICATION WITH CITY COUNCIL— NONE VII. PUBLIC HEARINGS. NONE VIII. CONCEPT REVIEWS. WILL 3038 Harding Street —Variance for Front Yard Encroachment IX. OTHER BUSINESS. NONE X. REPORTS FROM STAFF. NONE XI. COMMUNITY FORUM. Individuals may address the Planning Commission about any item not included on 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 Clerks 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 GTS 2010 Land Use Planning Workshops XIII. ADJOURNMENT. FAPlanning\PC Agendas\201 0\0316201 0 pc agenda.doc 1 CITY OF ST. ANTHONY 2 3 PLANNING COMMISSION MEETING 4 5 January 19, 2010 6 7:00 p.m. 7 8 9 I. CALL TO ORDER. 10 11 Chair Jensen called the meeting to order at 7:00 p.m. 12 13 II. PLEDGE OF ALLEGIANCE. 14 15 Chair Jensen invited the Commission and the audience to join him in the Pledge of Allegiance. 16 17 III. ROLL CALL. 18 19 Commissioners Present: Chairperson Jensen; Commissioners Niccum, Poucher, Heinis, Crone, 20 and Chaput. 21 Absent: Commissioner Cincoski. 22 Also Present: Assistant City Manager Kim Moore-Sykes and Jed Burket of the 23 League of Minnesota Cities. 24 25 IV. APPROVAL OF MEETING AGENDA. 26 27 Motion by Commissioner Niccum, second by Commissioner Crone, to approve the Planning 28 Commission Meeting Agenda of January 19, 2010. 29 30 Motion carried unanimously. 31 32 V. APPROVAL OF MEETING MINUTES OF DECEMBER 15, 2009 33 34 Motion by Commissioner Crone, second by Commissioner Heinis, to approve the December 15, 35 2009 Meeting Minutes as presented. 36 37 Motion carried 5-0-1 (Heinis abstained). 38 39 VI. COMMUNICATION WITH CITY COUNCIL 40 41 Chair Jensen will attend the February 9, 2010 City Council meeting. 42 43 VII. PUBLIC HEARINGS 44 45 V11.1. CLEARWIRE COMMUNICATIONS CUP REQUEST—4001 STINSON 46 BOULEVARD 47 48 Assistant City Manager Moore-Sykes presented the staff report on the Conditional Use Permit 49 (CUP)request for Clearwire Communications, LLC. Mr. Rob Viera, Buell Consulting A t Planning Commission Regular Meeting Minutes January 19, 2010 Page 2 1 representing Clearwire Communications, LLC, met with staff about the process for obtaining a 2 CUP to allow for placement of high-speed wireless internet antennas on the roof of Silver Lake 3 Plaza Building(formerly the Apache Medical building) located at 4001 Stinson Boulevard. If 4 successful in obtaining a CUP from the City of St. Anthony, this location will be part of a multi- 5 year network build-out plan for the metro area. Clearwire is currently working to acquire sites 6 throughout the Minneapolis/St. Paul area. Staff advised Mr. Viera of the CUP requirements and 7 public hearing process as described in the City's Ordinance Title IX, Chapter 90, Wireless 8 Telecommunications Towers, Subdivision 90.06, Permitted Conditional Uses. Assistant City 9 Manager Moore-Sykes stated in addition to this site at 4001 Stionson Boulevard, Mr. Viera is 10 working with the City to get administrative approval for an antenna co-location on the City's 11 water towers. 12 13 Assistant City Manager Moore-Sykes stated Mr. Viera presented the Clearwire Communications 14 proposal for Silver Lake Plaza Building in a concept review at the December 15, 2009 Planning 15 Commission meeting. Installation plans and photos indicating the proposed location of the high- 16 speed wireless internet antennas were included with the Staff Report for the Commission's 17 review. The Planning Commission questioned Mr. Viera about the wireless internet technology 18 and installation. Mr. Viera responded that he would have an engineer at the public hearing to 19 respond to the technical questions. 20 21 Assistant City Manager Moore-Sykes presented the following additional information provided 22 by Mr. Viera in response to CUP conditions and requirements: 23 1. The requested conditional use is one of the Permitted Conditional Uses specifically 24 listed for the zoning district in which the conditional use is located. 25 City Code states that towers and wireless telecommunication facilities are 26 permitted with administrative approval if sited in the Industrial Zoning District or 27 on City property. Siting in other zoning districts requires a CUP based on the 28 requirements stated under Permitted Conditional Uses. 29 2. The requested conditional use permit will not be detrimental to health, safety or 30 general welfare of persons residing or working in the vicinity or injurious to property 31 values of improvements in the area. 32 Other communications companies currently have antennas installed on the roof of 33 the Silver Lake Plaza building. Radiation levels associated with the high-speed 34 antennas are negligible to anyone in the building and on the ground, and there is 35 no danger to the general public. Technicians working directly with the antennas 36 wear protective clothing. 37 3. The requested Conditional Use Permit is considered necessary or desirable at the 38 subject location to provide a service or a facility, which is in the interest of public 39 convenience and will contribute to the general welfare of the neighborhood 40 community. 41 This location is desirable for this type of high-speed internet antennas because of 42 the height associated with the proposed location. The high-speed internet service 43 provided by Clearwire Communications uses the bandwidth that is at this height. 44 In regards to any radiation threat to those in the building, because the bandwidth 45 is at this height and is not directed toward the building or the ground, there is 46 virtually no danger to anyone in the building, on the ground, or living in the area. s Planning Commission Regular Meeting Minutes January 19, 2010 Page 3 1 An engineer will be present at the public hearing to provide more technical 2 information regarding these types of questions. 3 4 Assistant City Manager Moore-Sykes stated the proposed rooftop placement of the antenna was 5 approved with the owner of the Silver Lake Plaza building. Included with the staff report is a 6 copy of a letter received from the owner advising the City of the negotiated agreement with 7 Clearwire Communications for the placement of antennas on the rooftop. She stated staff has 8 received no phone calls or emails regarding the installation of the proposed high-speed internet 9 antennas for this location. Assistant City Manager Moore-Sykes reviewed the four conditions 10 included in the staff recommendation for approval of the CUP application for 4001 Stinson 11 Boulevard. 12 13 Mr. Rob Viera, Buell Consulting representing Clearwire Communications, LLC,presented the 14 site plan for the CUP application. He stated the design has not changed since the concept review 15 at the December 15, 2009 Planning Commission meeting. In response to questions that had been 16 raised about the DAP antennas, he explained that these antennas are primarily used to 17 communicate with the base station. 18 19 Commissioner Niccum inquired about the inspection that will be conducted after the installation 20 is complete. Mr. Viera replied that he believes the inspection is to verify that the applicable 21 regulations and ordinances have been complied with. 22 23 Commissioner Heinis requested clarification that the Clearwire Communications antennas will 24 not extend any higher than the existing cell antennas. Mr. Viera replied that he believes the 25 height of the Clearwire communications antennas will be exactly the same height as the existing 26 antennas at 65 feet,measured from the ground. 27 28 Commissioner Heinis requested clarification that all of the equipment and cables will be located 29 on the roof. Mr. Viera replied that the equipment will be self-contained on the roof. The power 30 supply will be located in the basement and will be run up the elevator shaft, not along the outside 31 of the building. 32 33 Chair Jensen opened the public hearing at 7:17 p.m. As no one wished to appear, Chair Jensen 34 closed the public hearing at 7:18 p.m. 35 36 Chair Jensen requested the proposed conditions of the CUP be amended as follows: 37 1. The antenna(s)does not extend more than 30 feet above the current highest point of the 38 building or structure. 39 2. The antennas(s) complies with all current applicable federal regulations. 40 3. The antenna(s)complies will with all current applicable building codes. 41 4. The installation of the antenna(s) will be done in such a manner to minimize any adverse 42 effect of the proposed antenna(s)to adjoining properties. 43 44 Motion by Commissioner Chaput, second by Commissioner Heinis, to approve the Conditional 45 Use Permit application for antenna location at 4001 Stinson Boulevard; Clearwire 46 Communications., LLC with the following four conditions: Planning Commission Regular Meeting Minutes January 19, 2010 Page 4 1 1. The antenna(s) does not extend more than 30 feet above the current highest point of the 2 building or structure. 3 2. The antennas(s) complies with all current-applicable federal regulations. 4 3. The antenna(s) complies with all current applicable building codes. 5 4. The installation of the antenna(s)will be done in such a manner to minimize any adverse 6 effect of the proposed antenna(s) to adjoining properties. 7 8 Chair Jensen verified that the applicant is comfortable with the above conditions. 9 10 Motion carried unanimously. 11 12 Chair Jensen indicated that this item will be included on the February 9, 2010 City Council 13 meeting agenda. 14 15 VIII. CONCEPT REVIEWS 16 17 None. 18 19 IX. OTHER BUSINESS. 20 21 None. 22 23 X. REPORTS FROM STAFF. 24 25 X.I. LAND USE GROUND RULES PRESENTATION—LEAGUE OF MINNESOTA 26 CITIES 27 28 Mr. Jed Burket, League of Minnesota Cities, provided a PowerPoint presentation and answered 29 questions of the Planning Commission on Land Use Regulation. The presentation and discussion 30 focused on the following information: 31 • Land Use Lawsuits 32 o Costly 33 o Contentious 34 o Confusing 35 ■ Making Law—Legislative Authority 36 ■ Applying Law—Quasi-judicial Authority 37 • Planning&Zoning Pyramid 38 • Making Law 39 o Comprehensive Plan 40 ■ Reviewing &Updating Plan 41 ■ Implementing Plan 42 o Subdivision Ordinance 43 ■ Dedication of Land 44 ■ Subdivision Process 45 o Zoning Ordinance 46 0 Zoning Districts Planning Commission Regular Meeting Minutes January 19, 2010 Page 5 1 ■ Categories of Use: permitted; accessory; conditional 2 ■ Zoning Standards 3 ■ Nonconformities 4 • Applying Law 5 o Quasi-judicial decision making 6 o Conditional Uses 7 o Interim Uses 8 o Variances 9 ■ Undue hardship 10 ■ 3-factor test: 1)reasonable; 2) unique; 3) character 11 o Creating the Record 12 ■ Application Process 13 ■ Planning Commission 14 ■ Public Hearings 15 • Not a Sporting Event 16 • Public Hearing Procedure 17 • Neighborhood Opposition 18 ■ Factual Findings 19 ■ Written Statement 20 21 Mr. Burket stated he is available for questions from the Planning Commission, now or at any 22 time in the future. Chair Jensen indicated that the Planning Commission will direct any 23 questions to staff. 24 25 XI. COMMUNITY FORUM. 26 27 None. 28 29 XII. INFORMATION AND ANNOUNCEMENTS. 30 31 Chair Jensen noted there has been discussion by the City Council on whether the preferred 32 location for Community Forum is early or late on the agenda. He requested Commission 33 members that have thoughts on the topic to email the information to Assistant City Manager 34 Moore-Sykes. He noted that some cities attempt to designate times for public hearings, moving 35 other agenda items forward or back in the agenda as needed. 36 37 XIII. ADJOURNMENT. 38 39 Motion by Commissioner Chaput, second by Commissioner Crone, to adjourn the meeting at 40 8:45 p.m. 41 42 Motion carried unanimously. 43 44 Respectfully submitted, 45 Carol Hamer 46 TimeSaver Off Site Secretarial, Inc. STAFF REPORT To: Planning Commission From: Kim Moore-Sykes, Assistant City Manager Date: March 16,2010 Subject: 3038 Harding Street --Variance to Front Yard Setback Requested Action: Concept Review Date Application Received: N/A Property Address: 3038 Harding Street Zoning District: R1 60-Day Expires: N/A Waiver Letter Required: Yes N/A Date Sent: No Future Action: Background: Staff received a call from Jeremiah Battles,Acacia Architects,informing staff that the property owners at 3038 Harding Street were interested in adding a front porch to their house as a part of a larger renovation project that they are planning. Mr.Battles asked about the City's front yard setback regulations and if a front porch was possible. In discussing the proposed front porch, it was determined that the residential structure's front foundation wall sits on the edge of the front yard setback. The City Zoning Ordinance allows for a five (5)—foot encroachment into the front yard (§ 152.177(D)). Mr. Battles advised Staff that their plans provide for a six (6)—foot wide porch. He asked about the possibility of applying for a variance to allow for the front porch that they are planning because the property owners are looking for a little wider porch so they can use it. He and the owners have agreed to present their proposal for the front porch to the Planning Commission in a concept review at the March 16`'Planning Commission meeting. Application Review: Action: Communications: Attachments: • E-mail from the Architect • Site Map • Photographs of Site • Architectural Drawings of Front Porch 03162010 3038 Harding St FY Encroachment Variance.doc Kim Moore-Sykes From: Jeremiah Battles Ueremiah.battles@gmail.com]on behalf of Jeremiah Battles Ubattles@acaciaarchitects.com] Sent: Thursday, March 11, 2010 9:16 AM To: Kim Moore-Sykes Cc: Chuck & Holly Bower/Wick Bower; Chuck & Holly Bower/Wick Bower Subject: 3038 Harding St. Concept Review info Attachments: 3038 Harding st before.JPG; ATT00001..txt; 3038 Harding St aerial.pdf; 3038 Harding st after.jpg; 3038 Harding st after2.jpg; 3038 Harding St site plan after.pdf til __'IJ 3038 Harding st ATT0000L.Ut(68 3038 Harding St 3038 Harding st 3038 Harding st 3038 Harding St before.JPG(60... B) aerial.pdf(1 ... after.jpg(78 ... after2.jpg (89... site plan afte... Good morning Kim, Attached are a site plan, aerial image, and before and after images (3 such) pertaining to the potential variance request for 3038 Harding St. I am working with the Owners Chuck Bower & Holly Wick Bower on a major remodel and addition to their home. The project consists of a second story addition, rebuilt back porch, main level remodel, and new front porch. The front of the house is currently set at the 30' front yard setback. This does not allow enough room to add a front porch to the home. The variance request is to allow for a 6' deep open front porch onto the front of the house. This new front porch would have to extend 1 '-0" past the 5'-0" front yard encroachment. I have advised them that for the porch to be usable for a small coffee table and chairs, it needs to be a minimum of 6' deep. They are extending a significant amount of resources on the project so that the house can accommodate their growing family. At the top of their wish list is an open front porch. The like the idea of the porch and the social connotations that it has in terms of promoting interaction between neighbors. The functional component is a covered front entry. From my perspective, it adds tremendously to the aesthetic of the home as well. I am gathering the information for our concept review on Tuesday evening. Please let me know if you need anything else. Also, could you reply just to confirm that you received this information? Thank you! Sincerely, Jeremiah Jeremiah Battles, AIA Acacia Architects, LLC http: //www.acaciaarchitects.com 612.599.0265 1 10 SIDE YARD SETBACKS: MINIMUM 5'EACH SIDE. MAXIMIM 15'BOTH SIDES COMBINED. -- —--------_-.. -125'PROPERTY LINE(APPROXIMATE LOCATION) -------- ----- -- ------� z 'f—x-30' FRONT YARD SETBACK 1 m; FUTURE 30'-0' O w w N' PATIO 0 w O NN�� c• w,- ' z QZ',J 6- EDDO�NG Q'. i w WALK . owC s. In i ✓� •K .1L i w (� i f SLO.'E N (L � .. w{F �5.� W - QiQ X C'J R � I .. --- -.__--_____ b�� Q lL i t O Q Y O fIX LOW SRI*IN DR1VC PIANnNGB �lK.� z EXIS�IN� a : Vi GARAGE i r b :3 DRIVE —5'FRONT YARD �� Fr _ ----------------- ---------------------------- ENCROACHMENT L------------------------------' 125'PROPERTY LINE(APPROXIMATE LOCATION) -—----------------- --------- ------ -- --------- ------- ------ -- --------------- -----------.-.-.-.-..------------------- SITE PIAN "AFTER" NEIGHBOR'S HOUSE O XALf 14—a(x11] OR -0'(8 V2Wl ,f � � i�:(,`.'� � 1 �'� 1 tr�.l'�x...t,.•Z�y..���`'�t4.rC _y`I- .igy.R`1 d.. ;'^, t�q �$, - - �'r'�.gq7�y_Vi 4�� --� 'ti`v1w ;� *-rte. iMl fw �6b� - �r � �.'��:1���. '��, ifi' 'tea:,. �'�is+.•+ry�.,�.� �li�_%T� °`��`rZ'S` �k �� _-4}A�,yR�-T T �s:_� i� 4 �,c�;.v�•�:��G` �,y_..��� r'•+i. -� i�` _ ��'L``�4�'�w�"� �r'� .��t+.��a►_:�r�wy=�, 'l�¢��.'��•.y��.� S'l►�,1�:; v ';.y�- �;..v-v t Pt.�.�--. ��r/'•�r;-�7�:C e,�1. ,� ,•tiw, r��:r.� .i�.. - ,✓' '_i- _ i � p ,r tl�r�f�`� ,v� r 7 '!iq•Yl►r�.z.�s'3r.�` !j � _ -q Cf� _ '�� .Jayy Hennepin County Property Map - Tax Year: 2009 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. 2700 i 2704 W ` 3053 1 t I:D f e - JlJ—f 2616 .� Z •' '. .30 3�, 3 . {53) �� .. � z ; wavo 42 303 1 p: .► • 0 3021 ' •� r ,I s s .41 3017 1*4 6 Selected Parcel Data Date Printed: 11/18/2009 4:37:17 PM Parcel ID: 06-029-23-34-0053 Current Parcel Date: 11/4/2009 Owner Name:C E BOWER ET AL TRUSTEES Parcel Address: 3038 HARDING ST N E,ST.ANTHONY,MN 55418 Property Type: RESIDENTIAL Sale Price:$250,000.00 Homestead: HOMESTEAD Sale Date:08/2000 Area(sgft):7221 Sale Code: WARRANTY DEED Area (acres):0.17 A-T-B:TORRENS Market Total:$234,000.00 Tax Total: $3,432.56 \ .y............ ��\ � ?©$ � � ) \� \ jam ®i \ AM� \ . \ . � wa g� y±2* - ���� \ �\ �\ �ƒ . . � »����� � �> \ > � . . «. y w . �v, -- - - . . . � �� § . � »{ y\/\�� �` � y/��\� ���� . \» . , . \ �3 � / � \ y- �§�~ � -��f�« : � �} \ . - . � � \ ��{y/� ����\ .< - . . . [ , :�~ // � � �� _ > a • �»a «» » � \/\/ , / \�/���i :««: : : � / , . > : . » v . . ! y � » 2����� � �««» =© � � � \\ . ,}� � \ � � v .:6r=.. :�z? . y» `�<�� � � � y �� . � 7 ]§�[| . ,. , � ' � , y , « » ,y � � �. > . © © © c : , ; 2 y« �� � « . : k ! � . _ _ . . . � � ®^` ` ^ � ����\\\ \\§ < \ \\\ a � . � . . . . . ° ? a«« f® « � � � � < . . a ay «\°�\ \2: < � � , < : ��� . . « � tl. /?:wrr . . � 2 Zoning Code (F) Garage setback permit. A garage which will cover an area of no more than 528 square feet and no dimension of which is greater than 24 feet may be located within the side setbacks and/or rear setbacks if a setback permit has been issued for the garage under the following provisions of this section. (1) Application for a setback permit must be made in writing on forms provided by the City Manager and must be filed with the City Manager, together with a filing fee in the amount required under Chapter 33. The application must include a survey showing the proposed location of the structure and the structures on the property adjoining the setback in question. The application must also address the other matters to be considered by the Planning Commission and City Council, as set forth in division(B) above. The permit application will be considered by the Planning Commission and City Council, and notice of the hearing will be given, all in the same manner as provided in § 152.243 for conditional use permits. After the hearing by the Planning Commission, the City Council will grant or deny the permit, stating its reasons for doing so. (2) In granting or denying the setback permit, the City Council will consider the proximity of the garage to any structures on the adjoining property, the extent of vegetation or other screening on the subject property and the adjoining property, the effect of the garage on the light and visibility available to the adjoining property,matters of fire safety, the existing garages on the adjoining property, the ability to locate garages elsewhere on the subject property, and any other matters which may be relevant to the degree of encroachment into the setback. (3) If a setback permit is granted, it will run with the title to the property for which it was granted so long as the garage for which it was granted continues to exist. If that structure is destroyed or removed, the permit will automatically expire. (1993 Code, § 1650.02) Penalty, see § 10.99 § 152.177 ENCROACHMENTS IN YARDS. The following are permitted encroachments in required yards: (A) Chimneys, flues, sills, pilasters, lintels, ornamental features, and bays which do not extend more than 3 feet into the yard or closer than 3 feet from the property line; (B) Yard light and nameplate signs which are at least 5 feet from any side property line; (C) Balconies which project no more than 5 feet into required front or side yards and are not closer than 5 feet from any property line, or balconies which project no more than 20 feet into required rear yards and are not closer than 25 feet from the rear property line; (D) Steps, stoops, and porches which extend into a front yard not more than 5 feet; (E) Terraces, steps, stoops,uncovered porches,and patios which extend into a side yard not more than 5 feet and are not closer than 5 feet from any property line;