Loading...
HomeMy WebLinkAboutPL PACKET 08212012CITY OF ST. ANTHONY PLANNING COMMISSION MEETING AGENDA Tuesday, August 21, 2012 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 July 17, 2012. VI. Public Hearings. None. VII. Concept Reviews. VII. 1. For the property at 2653 Stinson Boulevard for placement of a 10' X 20' shed in the front yard, which will require the issuance of a variance. VIII. Other Business. VIII. 1. Revise Planning Commission Meeting Schedule. (motion requested) VIII. 2. Discussion on Concept Review Process. (no motion requested) IX. Reports from Staff. X. 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 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. XI. Information and Announcements. XII. Adjournment. 2 3 6 7 10 11 12 13 14 15 CITY OF ST. ANTHONY PLANNING COMMISSION MEETING JULY 17, 2012 7:00 p.m. I. CALL TO ORDER. Chair Heinis called the meeting to order at 7:00 p.m. II. ROLL CALL. Commissioners Present: 16 Absent: 17 18 19 20 21 22 Also Present: Chairperson Heinis; Commissioners Cincoski, Crone, Jensen, Niccum, and Poucher. Commissioner Chaput. Interim City Planner Jacqueline Corkle. III. PLEDGE OF ALLEGIANCE. Chair Heinis invited the Commission and the audience to join him in the Pledge of Allegiance. 23 IV. APPROVAL OF MEETING AGENDA 24 25 Motion by Commissioner Jensen, second by Commissioner Crone, to approve the meeting 26 agenda of July 17, 2012. 27 28 Motion carried 6 -0. 29 30 V. APPROVAL OF MEETING MINUTES. 31 32 Motion by Commissioner Niccum, second by Commissioner Cincoski, to approve the June 19, 33 2012, Planning Commission Meeting Minutes. 34 35 _Motion carried 5 -0 -1 (Crone abstain) 36 37 VI. PUBLIC HEARINGS. 38 39 VI. 1. Request for a Variance to the Rear Yard Setback to allow for the construction of a garage 40 at 3207 Cedar Lake Road Applicant David & Meredith Socha. 41 42 Chair Heinis opened the public hearing at 7:02 p.m. 43 44 Interim City Planner Corkle explained the applicants have submitted a request for a variance to 45 construct a 648 square foot garage approximately 15' from the rear of the lot. She stated City 46 Code requires a setback of 25' minimum or 20% of the lot depth, whichever is greater, and the 47 applicants previously proposed a setback of 17' but have modified their request to 15'. She 48 indicated that the City Attorney has suggested the proper variance is a rear yard setback variance 49 versus a variance to the garage setback permit. She stated the driveway currently exists off Planning Commission Regular Meeting Minutes July 17, 2012 Page 2 1 Hilldale and if the variance is granted, one requirement includes removing the driveway and 2 realigning it with the new garage. She stated that one of the challenges with staying within the 3 rear yard setback was that it would limit sunlight and limit a future deck or patio expansion as 4 well as causing potential drainage issues. She stated an attached garage is not feasible given the 5 layout of the house and the property has a large front yard, which impacts the amount of land 6 available to meet the setback requirements. She advised the property owners are proposing to 7 use the property in a reasonable manner consistent within the R -1 district, the circumstances are 8 unique to the property not caused by the owner, and the home was constructed in a manner that 9 makes it difficult to meet the rear yard setback. She noted the variance if granted will not alter 10 the essential character of the locality and economic considerations alone are not the basis for the 11 practical difficulties. She added the variance is consistent with the Comprehensive Plan, would 12 maintain the land use district, and would allow for orderly development of the site; in addition, 13 the variance will not reduce the amount of light, air, and access to the property and granting the 14 variance will not increase congestion or result in undue overcrowding. She added the variance if 15 granted will not alter the site's compatibility with land uses in the area. 16 17 Commissioner Jensen asked about the total amount of impervious surface after construction of 18 the garage. 19 20 Interim City Planner Corkle replied the amount of impervious surface after construction of the 21 garage was not calculated but noted that the applicant's lot coverage is currently well below the 22 requirements of the City's threshold and that the garage would not put them over the maximum 23 amount allowed. 24 25 Commissioner Jensen suggested that the applicants could retain a portion of the existing 26 driveway if they wanted to use it for a patio given they are under the allowable impervious 27 surface limits. 28 29 Mr. David Socha and Ms. Meredith Socha, 3207 Silver Lake Road, appeared before the Planning 30 Commission and stated it will be easiest to remove the driveway due to its deteriorating 31 condition and to reduce the amount of impervious surface. He stated the proposed garage would 32 be 26' from the southern property line and 15' from the eastern property line. 33 34 Mr. Harvey Roloff, 3012 Hilldale, appeared before the Planning Commission and requested 35 clarification regarding the width of the property. 36 37 Interim City Planner Corkle stated the property is 80' wide. 38 39 Chair Heinis closed the public hearing at 7:15 p.m. 40 41 Motion by Commissioner Jensen, second by Commissioner Niccum, to recommend approval of 42 Resolution Approving a Variance to the Rear Yard Setback for the Property Located at 3207 43 Silver Lake Road. 44 45 Motion carried 6 -0. 46 Planning Commission Regular Meeting Minutes July 17, 2012 Page 3 Chair Heinis indicated this item will be on the July 24, 2012, City Council agenda. VI.2. Anthony Health Center. 7 Chair Heinis opened the public hearing at 7:16 p.m. 8 9 Interim City Planner Corkle explained that St. Anthony Health Center is requesting a variance to 10 construct a light well within the required 30' setback. She stated the proposed light well would 11 extend into the setback by approximately 3' and this placement would result in 21.8' between the 12 sidewalk and the edge of the light well. She presented a sketch of the existing property and 13 stated the light well will run along the front of the bump -out for approximately 23'. She 14 indicated the tree will likely be impacted by construction and would need to be replaced as part 15 of the variance approval. She advised the amount of natural light coming into the physical 16 therapy unit is limited, placing a light well at other locations would conflict with utility and other 17 services, and relocating the physical therapy unit is not practical. She stated the owner is 18 proposing to use the property in a reasonable manner and the light well is intended to provide 19 natural light for the physical therapy unit. She indicated the circumstances are unique to the 20 property, not caused by the owner, and the variance, if granted, would not alter the essential 21 character of the locality; in addition, economic considerations alone are not the basis of the 22 practical difficulties and the proposed location of the light well is the most logical. She added 23 the variance is consistent with the Comprehensive Plan, would protect the land use district, 24 would allow for the orderly development on the site, will not reduce light, air, and access, 25 granting the variance will not increase congestion, will not result in overcrowding, and will not 26 alter the site's compatibility with surrounding land uses. 27 28 Commissioner Jensen asked if the existing City Code allows for encroachments for window 29 wells if they are egress windows and whether the proposed light well would comply with City 30 Code if it provided egress. He questioned whether the City Code should be amended at some 31 point in the future to allow something similar. 32 33 Interim City Planner Corkle advised the light well would not provide egress and is different from 34 what is currently allowed by City Code. She agreed the City can review the Code to see if it 35 should be amended in that regard. 36 37 Mr. Alan Plutowski, TWP Architects, appeared before the Planning Commission on behalf of the 38 applicant and explained the current configuration of the basement and the ongoing remodeling. 39 He stated the light well is made of double insulated safety glass and the exterior vertical walls of 40 the light well will be brick to match the building. 41 42 Chair Heinis closed the public hearing at 7:30 p.m. 43 44 Motion by Commissioner Jensen, second by Commissioner Poucher, to recommend approval of 45 Resolution Approving a Three -Foot Variance to the Required 30 -Foot Setback from 37s' Avenue 46 for the Property at the Corner of Foss Road and 37 `h Avenue NE. Planning Commission Regular Meeting Minutes July 17, 2012 Page 4 Motion carried 6 -0. 4 Chair Heinis indicated this item will be on the July 24, 2012, City Council agenda. 6 VII. CONCEPT REVIEWS. None. 10 VIII. OTHER BUSINESS. 11 12 VIII. Review Proposed Changes to the City Code regarding Regulation of Assemblies 13 Meeting Lodges and Convention Halls. 14 15 Interim City Planner Corkle presented the potential changes to the City Code following 16 completion of the study regarding regulation of assemblies, meeting lodges and convention halls. 17 She explained the City Council endorsed Option 3 from the study, which allows all assembly 18 uses, both religious and non - religious, within the Commercial Zoning District but eliminates all 19 such uses from the Light Industrial District. She stated that Option 3 provides an alternative to 20 those seeking places for assembly within the City and treats all assemblies equally within 21 specific zoning districts as required under the Religious Land Use and Institutionalized Persons 22 Act (RLUIPA). She stated terms such as "church," "temple," and "synagogue" are not currently 23 defined in the City Code and terms such as "religious institution" or "places of worship" are 24 generally used for religious uses and assembly is used to describe more non - secular uses. She 25 recited the proposed definitions and noted that staff recommends changing the word "church" to 26 "religious institution" so that the City Code is neutral regarding denominations for religious 27 worship. She stated the terms "religious institution" or "place of worship" are intended for a tax - 28 exempt building where persons regularly assemble for religious worship and this definition 29 would not allow for encroachment of secular activities within the district. She advised churches 30 are a permitted conditional use within the R -1 District and this language in the Code has been 31 modified to match the term "religious institution" or "place of worship." She reviewed permitted 32 uses within the Commercial District, which allows for assembly, lodge or convention halls and 33 noted this section was modified to match the terms in the definitions section. She stated the 34 sections of the City Code regarding the Light Industrial District have been modified to remove 35 any mention of assembly, meeting lodge or convention hall as permitted conditional uses. She 36 advised the revised definitions and changes to the City Code are intended to show clear intent for 37 the various land uses allowed in the Residential, Commercial, and Industrial districts and the 38 proposed changes bring the City Code into compliance with RLUIPA. 39 40 She stated that the term "public assembly" is not currently defined in the City Code and the 41 recommended definition will state "the concourse or meeting together of a number of persons at 42 the same place. The event is of a limited duration." 43 44 Commissioner Niccum requested further information regarding permitted uses in the Light 45 Industrial District and noted there are two union halls within that district where meetings are held 46 a couple of times per month which would result in an assembly. Planning Commission Regular Meeting Minutes July 17, 2012 Page 5 Interim City Planner Corkle explained that the study recommends these uses become non- conforming uses and would be allowed to continue as they presently exist; if these uses wanted to expand in the future, a variance would be required because the use would be non - conforming. Commissioner Crone suggested that the word "assembly" be eliminated entirely since the definition and intent of public assembly has been revised. 8 Interim City Planner Corkle agreed to review this and noted that the term "public assembly" is 9 the term typically used for that type of gathering. 10 11 Commissioner Jensen stated the term "assembly" has morphed to include other uses, e.g., health 12 clubs have gathering spots and meeting rooms and the City does not regulate what goes on inside 13 those places or who uses them. He requested that staff consider amending the proposed 14 definition of religious institutions as it relates to requiring that the entire structure be tax exempt 15 and noted it is plausible that a portion of a building may be tax exempt. He also asked if a 16 residential lot next to a place of worship, e.g. a pastor's residence, would be required to be tax 17 exempt. He felt it made sense that something adjacent should be allowed to be part of the land 18 use. He also asked about height limitations within the R -1 district. 19 20 Interim City Planner Corkle stated the City Code allows exceptions for spires or other parts of a 21 church and agreed to review this further. She encouraged the Planning Commission to provide 22 her with any additional comments regarding the proposed changes. 23 24 IX. REPORTS FROM STAFF. 25 26 None. 27 28 X. COMMUNITY FORUM. 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 None. XI. INFORMATION AND ANNOUNCEMENTS. Commissioner Poucher reminded residents of VillageFest in August. Chair Heinis indicated he could attend the City Council meeting on July 24`h XII. ADJOURNMENT. Motion by Commissioner Crone, second by Commissioner Jensen, to adjourn the meeting at 8:02 p.m. Respectfully submitted, Barbara Hughes Timesaver Off Site Secretarial, Inc. Motion carried 6 -0. A WSB Infrastructure . Engineering . Planning a Construction 701 Xenia Avenue South Existing Land Use / Suite 300 Zoning: Minneapolis, MN 55416 Surrounding Land Tel: 763 -541 -4800 Use / Zoning: Fax: 763 - 541 -1700 CITY OF ST. ANTHONY VILLAGE MEMORANDUM East: Low Density Residential / Zoned RI- Single Family To: St. Anthony Village Planning Commission South: Low Density Residential / Zoned Rl- Single Family From: Kelsey Johnson, AICP, City Planner West: Low Density Residential / (City of Minneapolis) Date: August 15, 2012 Planning Commission Regular Meeting for August 21, 2012 WSB Project No. 01626 -630 Request: Concept Review - Request for a Variance to allow an Accessory Structure in the Front Yard at 2653 Stinson Boulevard GENERAL INFORMATION Applicant/Owner: Patricia LaBossiere and Nina Guertin Location: 2653 Stinson Boulevard Existing Land Use / Low Density Residential /Zoned: RI- Single Family Zoning: Surrounding Land North: St. Charles Borromeo Catholic Church and School; Zoned Rl; Single Use / Zoning: Family East: Low Density Residential / Zoned RI- Single Family South: Low Density Residential / Zoned Rl- Single Family West: Low Density Residential / (City of Minneapolis) Deadline for Agency Application Date: N/A Action: 60 Days: N/A Letter Sent: N/A 120 Days: N/A CONSIDERATIONS RELATING TO THE CONCEPT REVIEW FOR THE PROPOSED VARIANCE 1. Background The property owners wish to construct a 10 x 20 foot shed in the front yard of the property located at 2653 Stinson Boulevard. The property is located at the corner of Stinson Boulevard and 27th Avenue NE. Although the home on the property is oriented towards Stinson Boulevard, the dimensions of the lot are similar to other properties along 27th Avenue NE which have the shorter lot dimension adjacent to 27th Avenue NE and a longer lot dimension parallel to Stinson Boulevard. As such, the orientation of the home is situated in a way that the required rear yard setback cannot be met. Given the short distance from the home to the rear property line, it would be impossible to locate the proposed accessory structure in the rear yard. A garage currently exists on the property and is located in the side yard on the southern end of the property. In 2011, the property owner constructed an addition to the north end of the garage, which is used as an art studio. The garage is currently used for storage of equipment such as a lawn mower, snow blower, and outdoor lawn furniture. The applicant wishes to construct the shed to be used for the storage of this equipment in order to make room to park a vehicle in the garage. The addition of the art studio complicates the possibility of expanding the garage since the art studio would likely August 15, 2012 Page 2 need to be demolished in order for the expansion to occur. The owner has stated that they believe the art studio enhances the aesthetic appeal of the property and do not wish to have it demolished. The property owner has also stated that the proposed storage shed would be located next to a mature pine tree, as well as a fence located on the property so as to provide the most screening from Stinson Boulevard. 2. Property and Zoning Code Information The property is located at 2653 Stinson Boulevard and is a corner lot in the R -1 zoning district. The Zoning Code requires that no accessory building may be located within any yard other than the rear yard, except that garages may be located in the side yards (152.176 (A)). 3. Proposed Change As indicated above, the property owner wishes to construct a 10 x 20 foot shed in the front yard on the southern end of the property. The proposed storage shed would be six feet from the front lot line. The City Code only allows accessory structures in rear yards. The orientation of the home towards Stinson Boulevard and dimensions of the lot result in a very short rear yard that would not be large enough for an accessory structure. A very wide front yard exists on the property, which is where the owner is proposing to locate the accessory structure on the southern end of the lot. Other options are available to the property owner which would not require a variance, including an addition to the existing garage or relocation of the art studio into the interior home, thus allowing room for storage in the existing garage. The property owner is allowed to construct an addition to the home or expand the existing garage so long as the garage is no larger than 1,000 square feet or larger than the footprint of the home. On the flip side, it is not uncommon for a property owner to have a garage and a shed structure located on their property within the City. Due to the unique circumstance of the orientation of the home, locating the shed in the rear yard is not an option. City Staff would like to hold a discussion of the concept review with the Planning Commission on its August regular meeting. ATTACHMENTS Exhibit A: Location Map Exhibit B: Pre - application materials t ywr• � 27t 0 MEN Ave NE �• SOW& - ` N �y t V-fflaeC% Exhibit a 2653 Stinson Blvd 0 50 100 N Saint Anthony Village, MN A wSB Feet Patricia A. LaBossiere / Nina E. Guertin 612 - 770 -8804 / 612 - 803 -9159 2653 Stinson Boulevard St. Anthony Village, MN 55418 August 7, 2012 Ms. Jacqueline Corkle City of St. Anthony 3301 Silver Lake Road St. Anthony, MN 55418 Dear Ms. Corkle: Attached you will find the pre- variance application submittal for our property at 2653 Stinson Boulevard, St. Anthony. The legal description of the property is Lot 28, Block 8, Murray Heights Addition to Minneapolis, Hennepin County, MN. The property is a corner lot, located on the SE corner of 27`" Avenue NE and Stinson Boulevard. Our zoning district is R -1. Unique circumstances and practical difficulties causing the need to seek a variance / variances: We would like to seek a variance of City code 152.176, which states that, "No detached accessory building may be located within any yard other than the rear yard, except that garages may be located in side yards." Unfortunately, our home was built facing Stinson Boulevard, with no back yard, only side and front yards. We have considered the best place for shed placement on our property, and would like to move forward on an application to seek a variance to build a 10'x 20' shed in the front yard, placed in the SW corner of our property, as we feel that the shed would be better hidden in that area of our yard, and it would be more aesthetically pleasing overall. The west - facing 10' side of the shed would be facing Stinson Boulevard, which is the side most seen. The south - facing 20' rear side of the shed would be partially hidden by the fencing as well as by an existing mature pine tree, which is on the outside of the fence, and which faces the alleyway. The20' north side of the shed would be facing the south side of our home, and the 10' east side of the shed would be facing our privacy fence and our garage doors. Note: We did consider placing the shed along the privacy fence bordering the east side of our property, but that placement is much more visible from Stinson Boulevard. Also, if you look at the site plan, placing a shed in that area would seem "plopped -in" rather than "tucked -in ". And, although the exterior would be cedar - shingled, we feel that less siding exposure to Stinson Boulevard would be more aesthetically pleasing. Finally, we found this summer that the east area is prime for raising both vegetables and flowers. The area we have selected for the proposed shed is highly acidic due to the pine tree, and would not be a sustainable garden area. Statement of request: We would like to seek the planning commission's permission to pursue erecting a single -story 10'x 20' shed in the SW corner of our lot, within our front yard. The placement of the shed's end would be 6' in from the property line toward the existing garage, as shown on the attached diagram, and 3' in from the fence line, which is 3' in from the property line. Our plan would be to cedar shingle the exterior of the shed to tie -in with the exterior of the art studio completed in 2011 attached to the garage and located on the north side of the garage / studio building. Pictures of the exterior of the garage / studio are attached. To -scale drawings of the lot size and dimensions, buildings and structures with dimensions, an 11" x 17" copy of plan and 8 -1/2" x 11" copy of plan are also attached. Comments: • Shed would be set on footings rather than placed on a concrete slab. • Shed exterior would be finished with cedar shakes and sealed with Cabot Australian Timber Oil to keep it looking natural and to tie -in with current garage / studio exterior. • Our goal is to not only enhance the curb appeal of our property, but also to place a practical outdoor storage building on our property to house our riding lawn mower, walk- behind mower, two wheel barrows, two scooters, outdoor lawn furniture, snow blower, boat and other large items that will not completely fit in our garage along with both of our vehicles (SUV and % ton long -bed pickup). We prefer to place these items into a shed rather than leave them outside covered with a tarp, which we believe is not only insecure, but also unsightly. • The art studio enclosure that was completed in 2011 on the north side of the garage was built out at a cost of approximately $15,000. To demolish this space in order to attach shed space is neither a practical nor financially prudent solution, and it is not in keeping with St. Anthony's mission of being a city committed to reduce, reuse, recycle, sustain. We respectfully hope that you can see from the attached photos that the newly- finished studio space is beautifully done and in keeping with the high standards of aesthetics in St. Anthony Village. As mentioned, our desire would be to build a shed that compliments the buildings and the property, which we have worked tirelessly to improve since purchasing the property in May 2011. In closing, please understand that we love our new home and we truly enjoy living in St. Anthony. We appreciate the city's mission "... to be a progressive and livable community, a walkable village, which is sustainable, safe and secure." We respect our neighbors and our neighborhood. We have received innumerable compliments from both St. Anthony and Minneapolis residents walking by our home on the improvements we have completed and / or are working on throughout our property. We hope that you can see by the photos attached that we do love and care for our home, and we hope that you will consider our request to move forward and seek a variance to the City's code 152.176. Respectfully submitted, Patricia ssiere ,kf Nina E. Guertin Enc. oi- �� \���\ Al . . ... . .. ........ C-Ij oi- �� \���\ Al C-Ij Photo Documentation F; s ♦1 ,, _ _ _ H_fi � �.Rf..��yAGri Front of home, 2653 Stinson Blvd. The A frame in white will be Cedar Shingled to match studio in 2013. Studio / Garage, West Facing with Cedar Shingle Siding Completed September 2011 _�-I Studio / Garage, North Facing, Cedar Shingle Siding, Completed September 2011. This side is 26' wide; proposed shed would be approximately 12' to the right and would also be finished with same shingle siding in keeping with the aesthetics of the property. Proposed location for 10'x20' shed, SW corner of lot. The shed, from this north- facing view, would be 20' wide and nicely proportioned with the studio size. Finish of the shed would be cedar shingled, same as the studio. 2653 Stinson Boulevard Variance Request Concept Review - Planning Commission Meeting August 21, 2012 16ho_iry _..._. _..._.....— _ 13 lJ W�58 Blvd Variance • General Information Applicant / Owner: Patricia LaBossiere and Nina Guertin Location: 2653 Stinson Boulevard Existing Land Use / Zoning: Low - density residential /Zoned R -1- Single family Surrounding Land Use / Zoning: North: St. Charles Borromeo Catholic Church and School / Zoned R -1- Single Family East: Low - density residential / Zoned R -1- Single Family South: Low - density residential / Zoned R -1- Single Family West: Low - density residential / (City of Minneapolis) ain Ihony 9/12/2012 1 9/12/2012 ��F. ppy� • .Md4F � u. r f -rY, aria nce 2653 Stinson Blvd Variance �! r aint nthan} A ,3 Stinson Blvd Variance • Variance to Allow an Accessory Structure in the Front Yard — The property owners are proposing to construct a 10 x 20 foot shed in the front yard — The Zoning Code requires accessory structure to be located in rear yards — The property is oriented such that an accessory structure cannot be located in the rear yard ain t i a l% WSa h�rry 9/12/2012 3 `I,nson Blvd Variance C�illa . WS8 53 Stinson Blvd Variance • Front of home (facing east / Stinson Blvd) a ain th __ 9/12/2012 4 Stinson Blvd Variance • Art Studio Garage (facing east Stinson Blvd) ain thane WSS 3 Stinson Blvd Variance • Now North Side of Art Studio/Garage (facing south) 0 W58 111 611a 9/12/2012 5 4. rs: 53 Stinson Blvd Variance • Background — Orientation of the home and dimensions of the lot do not allow for an accessory structure in the rear yard — A garage exists in the side yard at the southern end of the property — An art studio was recently added on to the north side of the garage in th��ry A i a 8 wSe A 9/12/2012 C1 W-n Blvd Variance • Background — The garage is currently used for storage of equipment — The proposed shed would be used for storage and would allow for a vehicle to be parked in the garage ain nthgn bYSB i ael Stinson Blvd Variance • Proposed Change — The proposed shed would be 10 x 20 feet and would be located six feet from the front lot line — Other options exist for the property owner that would not require a variance 1. The existing garage could be expanded but would likely require that the recently constructed art studio be demolished 2. An addition to the home could be constructed in order to provide the additional desired storage space ain thQiry _ � 9/12/2012 7 9/12/2012 owl', son Blvd Variance Questions? ain nthgry � i a C%