HomeMy WebLinkAboutPL PACKET 07172012CITY OF ST. ANTHONY
PLANNING COMMISSION MEETING AGENDA
TUESDAY, JULY 17, 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 June 19, 2012.
VI. Public Hearings.
VIA. Request for a Variance to the Rear Yard Setback to allow for the construction of a
garage at 3207 Silver Lake Road.
Applicant: David & Meridith Socha
VI.2. Request for a Variance to the 30 -feet setback at 3700 Foss Road /3405 County Road
D W (371b Avenue NE).
Applicant: Alan Plutowski from TWP Architects on behalf of the St. Anthony
Health Center.
VII. Concept Reviews. None.
VIII. Other Business.
VIII. Review Proposed Changes to the City Code regarding Regulation of Assemblies,
Meeting Lodges and Convention Halls.
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.
I CITY OF ST. ANTHONY
2
3 PLANNING COMMISSION MEETING
4
5 JUNE 19, 2012
6 7:00 p.m.
7
8 I. CALL TO ORDER.
9
10 Chair Heinis called the meeting to order at 7:00 p.m.
11
12 II. ROLL CALL.
13
14 Commissioners Present: Chairperson Heinis; Commissioners Cincoski, Jensen, Niccum, and
15 Poucher.
16 Absent: Commissioners Chaput and Crone.
17 Also Present: Interim City Planner Jacqueline Corkle.
18
19 III. PLEDGE OF ALLEGIANCE.
20
21 Chair Heinis invited the Commission and the audience to join him in the Pledge of Allegiance.
22
23 IV. APPROVAL OF MEETING AGENDA.
24
25 Motion by Commissioner Cincoski, second by Commissioner Jensen, to approve the meeting
26 agenda of June 19, 2012.
27
28 Motion carried 5 -0.
29
30 V. APPROVAL OF MEETING MINUTES.
31
32 Motion by Commissioner Jensen, second by Commissioner Poucher, to approve the June 4.
33 2012, Special Planning Commission Meeting Minutes.
34
35 Motion carried 4 -0 -1 (Cincoski abstain).
36
37 VI. PUBLIC HEARINGS.
38
39 VI.1. Request for a Variance to Exceed the Amount of Lot Coverage for 3301 — 3151 Avenue
40 NE: Curt & Jane Wollan.
41
42 Chair Heinis opened the public hearing at 7:07 p.m.
43
44 Interim City Planner Corkle explained the applicants have submitted a request for a variance to
45 exceed lot coverage and stated the property has a long driveway extending from the front of the
46 property to the rear of the parcel, which accounts for a significant amount of impervious surface.
47 She stated the property already exceeds the limit of 35% lot coverage with total impervious
48 surface of approximately 5,011 square feet or approximately 55 %. She presented a revised
49 concept, which adds a concrete sidewalk leading from the driveway to the front steps of the
Planning Commission Regular Meeting Minutes
June 19, 2012
Page 2
I house, noting the variance request will increase lot coverage by 180 square feet bringing the total
2 lot coverage to 5,191 square feet or 57% of the lot. She explained the original concept included
3 an area for a patio that added additional square footage to the impervious surface and the
4 applicant was willing to minimize the impervious surface but still allow people to get safely from
5 the driveway to the front steps, noting that the home does not currently have front steps and the
6 lack of an existing walkway to the front door creates unsafe conditions. She stated the
7 circumstances are unique to the property and are not the result of the current property owners.
8 She stated the variance, if granted, will not alter the essential character of the locality and would
9 improve the appearance of the property. She stated that economic considerations are not the sole
10 basis of the practical difficulties and safer access is more important. She indicated the variance
1 I would be consistent with the City's comprehensive land use plan because the property will
12 remain single family residential and the variance would allow for orderly development on the
13 site. She stated the proposal will not reduce light, air or access to the property and will not
14 increase public congestion. She indicated the variance will increase concentration on the site,
15 however, staff believes the applicant has taken steps to decrease impervious surface coverage
16 and the City Engineer feels the variance would not have a negative impact on water drainage.
17
18 Commissioner Jensen asked if plantings will be added to the space created between the sidewalk
19 and house.
20
21 Mr. Wollan replied there are plants in this area that he would like to keep and added he can slope
22 the area as needed but they currently do not have any problems with drainage.
23
24 Commissioner Poucher asked if pervious pavers were considered.
25
26 Mr. Wollan stated he was willing to include pervious pavers but his contractor felt pervious
27 pavers would not be attractive.
28
29 Interim City Planner Corkle stated that the City Engineer has indicated there are some problems
30 with pervious pavers in terms of maintenance if they are not installed correctly and the City
31 Engineer felt that pervious pavers may not provide much value. She added the City Engineer
32 was equally comfortable with concrete.
33
34 Commissioner Poucher asked if the applicant wanted to do a smaller sidewalk or whether he still
35 would like to have the circular patio as shown on the original concept.
36
37 Mr. Wollan replied he was okay with the smaller one. He stated they were planning on stamping
38 the patio and surrounding the perimeter with a hedge or other plantings. He added if the circular
39 patio was approved they would be able to sit out there.
40
41 Commissioner Niccum asked if the larger area made a difference to the City Engineer.
42
43 Interim City Planner Corkle advised that she directed the applicant to make this area smaller and
44 noted they already exceed 35% lot coverage by a significant margin. She acknowledged that the
45 circular patio does not add significant square footage, but if every request similar to this is
46 approved, it has a cumulative impact.
Planning Commission Regular Meeting Minutes
June 19, 2012
Page 3
Chair Heinis closed the public hearing at 7:13 p.m.
4 Motion by Commissioner Niccum, second by Commissioner Cincoski, to recommend approval
5 of Resolution Approving a Variance to Exceed the Maximum Allowable Amount of Impervious
6 Surface for the Property Located at 33013 1 " Avenue.
7
8 Motion carried 5 -0.
9
10 Chair Heinis indicated this item will be on the June 26, 2012, City Council agenda.
11
12 Mr. Wollan indicated he would be out of town on June 26th.
13
14 Commissioner Jensen advised that the variance request can proceed without the applicant's
15 attendance and noted a representative from the Planning Commission will be in attendance at the
16 City Council meeting to explain the applicant's revised proposal. He added if any issues arise
17 requiring the applicant's input, the City Council can table action until the applicant is available.
18
19 Interim City Planner Corkle noted the 60 -day rule is in effect and ends July 2, 2012. She stated
20 if the applicant cannot attend the City Council meeting on June 26th and wants to represent
21 himself before the City Council, the 60 -day rule can be extended.
22
23 VII. CONCEPT REVIEWS.
24
25 VII.1. Request for a Variance for a Garage Setback Permit City Code Section 152.039(R) for
26 3207 Silver Lake Road NE: David & Meredith Socha.
27
28 Interim City Planner Corkle explained the applicants have submitted a request for a rear yard
29 setback to construct a 27'x24' detached garage. She stated the property is situated on a corner
30 lot at Silver Lake Road and Hilldale and City Code requires a rear yard setback of 25' or 20% of
31 lot depth and in this case, the rear yard setback would be 31' based on the length of the property.
32 She indicated the applicants will meet the 30' setback off Hilldale and the proposed garage will
33 be 17' from the property line next door. She advised that in discussions with the City Attorney,
34 one option would be a rear yard setback variance to allow a shorter distance than 31'; another
35 option would be a variance from the garage setback permit process. She stated the City Attorney
36 felt the rear yard variance made more sense and would result in a cleaner approach. She
37 indicated the proposed garage is 17' from the rear lot line and if the variance is granted, the
38 existing driveway would be removed and a new driveway installed. She noted that placing the
39 garage 14' from the home could block sunlight, prohibit future deck expansion, and could result
40 in drainage issues in the area.
41
42 Ms. Meredith Socha, 3207 Silver Lake Road NE, appeared before the Planning Commission and
43 stated the abutting property contains a two -story house with a tuck -under garage. She stated the
44 proposed location of the garage will not block sunlight and would be 26' from the neighboring
45 property.
46
Planning Commission Regular Meeting Minutes
June 19, 2012
Page 4
Commissioner Jensen stated the revised sketch shows 24' between the garage and the existing
home and asked if the applicants considered placing the garage closer to the side lot line.
Ms. Socha explained their original proposal had the garage closer to that lot line but they were
advised by City staff there would be an issue with the proximity of the curb cuts. She indicated
that 24' is adequate to address any drainage issues. She added they have no problem moving the
garage closer to the adjoining property line.
9 Commissioner Jensen encouraged the applicants to further review their proposal to see if
10 adjustments should be made to the rear setback to make sure they have left enough space
11 between the garage and the house.
12
13 Ms. Socha stated the size of the garage is important to them and if a smaller garage were built,
14 they would have to add a storage shed on the property. She indicated they feel a larger garage
15 looks more professional and they do not believe the proposed garage will look out of proportion
16 in the neighborhood.
17
18 VII.2. Request for a Variance to the Side Yard Setback City Code Section 152.104(E) at 3700
19 Foss Road/3405 37`h Avenue. St. Anthony Healthcare Center.
20
21 Interim City Planner Corkle explained that St. Anthony Health Center has requested a side yard
22 setback variance to construct a 23' 4" light well in the side yard where the building juts out. She
23 stated that City Code requires a 30' setback and the proposed light well would extend into the
24 side yard by three feet. She indicated the light well would be located along the front of the
25 building in a portion of the jut out which currently houses the physical therapy unit in the
26 existing basement. She stated the light well is requested at this location to allow natural light
27 into the physical therapy area and the applicant feels this represents the best location for the light
28 well.
29
30 Mr. Alan Plutowski, TWP Architects, appeared before the Planning Commission on behalf of the
31 applicant and explained that as part of a remodeling project, the applicants want to add natural
32 light into the physical therapy space.
33
34 Commissioner Niccum expressed concern about having a light well close to a public sidewalk
35 and the potential for people to stand on or damage the glass.
36
37 Mr. Plutowski stated the light well is constructed of special grade safety glass similar to what
38 would be used on a roof.
39
40 Commissioner Jensen requested further information regarding landscaping in this area and asked
41 if the existing tree will need to be removed.
42
43 Mr. Plutowski stated the tree will be removed and the applicants have indicated they would
44 replace the tree or add more vegetation to the area.
45
46 Commissioner Cincoski requested further information about water drainage.
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Planning Commission Regular Meeting Minutes
June 19, 2012
Page 5
Mr. Plutowski advised the applicants intend to correct the grading in this area as part of the
overall project to ensure proper drainage.
Chair Heinis requested that staff measure the distance from the proposed light well to the
existing sidewalk and include this measurement in the drawings.
Mr. Plutowski indicated the distance from the light well to the sidewalk is approximately 21'.
VIII. OTHER BUSINESS.
None.
IX. REPORTS FROM STAFF.
None.
X. COMMUNITY FORUM.
None.
XI. INFORMATION AND ANNOUNCEMENTS.
Commissioner Jensen indicated he could attend the City Council meeting on Jame 26`h.
XII. ADJOURNMENT.
Motion by Commissioner Niccum, second by Commissioner Poucher, to adjourn the meeting at
7:50 p.m.
Respectfully submitted,
Barbara Hughes
Timesaver Off Site Secretarial, Inc.
Motion carried 5 -0.
A
WSB
& Assocrates, fnc.
Infrastructures Engineering. Planning . Construction
CITY OF ST. ANTHONY VILLAGE MEMORANDUM
To: St. Anthony Village Planning Commission
From: Jacqueline Corkle, PTP, AICP Interim City Planner
701 Xenia Avenue South
Suite 300
Minneapolis, MN 55416
Tel: 763.541 -4800
Fax: 763 - 541.1700
Date: July 3, 2012
Planning Commission Regular Meeting for July 17, 2012
City Council Regular Meeting for July 24, 2012
WSB Project No. 01626 -630
Request: Request for a Variance to the Rear Yard Setback to allow for the
construction of a garage at 3207 Silver Lake Road
RECOMMENDATION
The Applicant's request for a variance for a reduction in the rear yard setback for the construction of a
garage is reasonable and consistent with the City's Comprehensive Plan. Based on review, staff
recommends approval of the requested variance for the property located at 3207 Silver Lake Road subject
to the conditions as outlined in Exhibit C.
GENERAL INFORMATION
Applicant: David and Meridith Socha
Owner: Same as above
Location: 3207 Silver Lake Road
Existing Land Use / Low Density Residential/zoned: Rl; Single Family
Zoning:
Surrounding Land North: Low Density Residential; zoned RI; Single Family
Use / Zoning: East: Low Density Residential; zoned RI; Single Family
South: Low Density Residential; zoned RI; Single Family
West: Low Density Residential; zoned RI; Single Family
Deadline for Agency Application Date:
05 -16 -12
Action: 60 Days:
07 -14 -12
Letter Sent:
06 -20 -12
120 Days:
09 -12 -12
CONSIDERATIONS RELATING TO THE PROPOSED VARIANCE
1. Background
The property owners wish to construct a detached garage at 3207 Silver Lake Road. The property
currently does not have a garage. The proposed garage is 27 feet by 24 feet for a total of 648 square
feet. The garage has been proposed to be located 30 feet from the side street lot line and 15 feet from
the rear of the lot. As shown in Exhibit A, the front of the property is located on Silver Lake Road.
Silver Lake Road is the property address and it is where the front door to the house is located. As
such, the area between Silver Lake Road and the home is considered to be the front yard. The
driveway, however, provides access to the property off of Hilldale Avenue.
July 3, 2012
Page 2
As proposed, a variance would be needed for the rear yard setback (31 feet is the required distance).
Originally, the Applicant had pursued a different design, but it was determined that design was
incompatible with Silver Lake Road being the front of the parcel.
2. Overview
The property is a corner lot, situated at the junction of Silver Lake Road and Hilldale Avenue NE.
The front of the home faces Silver Lake Road and driveway access to the parcel is provided off of
Hilldale Avenue NE. The property is 80 feet wide and 155 feet long. The property is in the R -1
zoning district.
The Zoning Code requires a rear yard setback equal to the greater of 20 percent of the depth of the
entire lot or 25 feet (152.039 (G)). The setback for the property is 31 feet using the 20 percent rule.
Therefore, the variance is necessary due to the garage being proposed 15 feet from the rear lot line.
The City's Zoning Code has a provision for a garage setback permit. This option, however, limits the
property owner to a garage that is 528 square feet. The proposed garage is 648 square feet, so a
variance would be needed from the garage setback permit process. In discussing the situation with
the city attorney, there would be two options to pursue: 1) a rear yard setback variance or 2) a
variance from the garage setback permit process. Given the stipulations for the garage setback permit
process, legal and planning staff agreed that the cleaner approach to the variance is a simple rear yard
variance.
The property owners state that placing the garage completely outside the rear setback would place the
garage only 14 feet from the eastern wall of the house which would be harmful for several reasons.
The garage would block light coming into the dining room, affecting the enjoyment of the room. It
would also prohibit building any deck or patio off of the eastern wall of the house. Locating the
garage 14 feet from the home could also have an impact on drainage, as there would be limited space
between both structures, which could result in excessive storm water runoff and flooding in the
principal dwelling. The property owners have stated that an attached garage is not a feasible option,
as it would fundamentally change the character and form of the house. The only location for an
attached garage would be the eastern wall, which would require that the owners enter the garage
through the dining room. This action would result in the house not meeting the occupancy
requirements stated in the code (150.095 (A)).
3. Ordinance Authority.
Title XV Land Usage, Chapter 152 Zoning Code, Section 152.039 Dimensional Regulations (G)
requires that the rear yard "must have a depth equal to the greater of 20% of the depth of the entire lot
or 25 feet" in the RI district. In this case, the 20 percent of the depth of the entire lot would apply.
This distance is 31 feet.
4. Criteria for Variance Approval. Title XV Land Usage, Chapter 152 Zoning Code, Section 152.245,
(C) Evidence, lists the criteria the City Council must consider in determining whether to grant or deny
a variance. The applicable criteria include:
1. The subject matter of the application is within the scope of this section.
The application for a variance is necessary considering the location of the proposed garage does
not meet the required rear yard setback. Criteria met.
2. Strict enforcement would cause practical difficulties because:
July 3, 2012
Page 3
a. The property owner proposes to use the property in a reasonable manner not permitted
by the zoning code;
A garage does not currently exist on the property, which materially impacts the owners'
ability to use the property. Garages are common among most other homes in the
neighborhood. A detached garage is a permitted accessory structure in the R -I zoning
district. Therefore, staff finds the proposal reasonable. Criteria met.
b. The plight of the property owner is due to circumstances unique to the property not
created by the property owner;
The existing home was constructed at a time when present rules regarding setbacks were
not in existence. Additionally, the original construction did not include a garage or
consider the placement of a garage in the future. Because the setbacks were not in
existence the home was situated away from the two roadways. Thus the home was
setback over 60 feet from Silver Lake Road without regard to providing a garage on the
site. The locations for siting a garage on site are limited to the rear and side yards. The
side yard in this case requires a 30 -foot setback because it is along a public street, thus
the options for locating a garage become even more limited. The rear yard becomes the
only location where a garage can be placed. Because the setback on the site is 31 feet,
there is limited space in which a garage can be constructed. These circumstances were
not created by the property owner. Criteria met.
C. The variance, ifgranted, will not alter the essential character of the locality; and
The proposed garage will not alter the essential character of the locality. Detached
garages are common within the City. The Applicant is proposing to construct the garage
in a manner that is consistent with the principal structure. The proposed use remains a
single family home in a single family neighborhood. Staff finds that the essential
character of the locality will not be changed. Criteria met.
d. Economic considerations alone are not the basis of the practical difficulties.
The Applicants wish to have a garage to protect their vehicles. Garages are typical to
most homes in Minnesota given the state's climate. Therefore, economic considerations
alone are not the basis of the practical difficulties. Criteria met.
3. The variance, ifgranted, would be consistent with the city's comprehensive land use plan.
If the variance is granted, the use of the property would remain the same. The comprehensive
plan guides this area for single family use and adding the garage will not alter that use. Criteria
met.
4. The granting of the variance is in harmony with the general purposes and intent of the zoning
code.
The intent of the zoning code is to protect the health, safety, and general welfare of the city and
its people through the establishment of minimum regulations governing land development and
use. The zoning code is established to:
July 3, 2012
Page 4
a. Protect the use districts;
The proposal would not change the use of the property or create a disruption to the single
family use district. The current use as a single - family home is consistent with the City
Code. Criteria met.
b. Promote orderly development and redevelopment;
The proposal seeks to make an improvement to the property which staff finds to be
orderly. Criteria met.
c. Provide adequate light, air, and access to property;
The proposal would not negatively impact adequate light or air from reaching the
property or adjacent properties. The proposed garage will be 15 feet from the rear
property line which should allow for adequate light, air, and access to the neighboring
property given the height of the proposed garage and spacing with structures on adjacent
properties. Criteria met.
d. Prevent congestion in the public streets;
The proposal will have no impact on the amount of congestion in the public street.
Criteria met.
e. Prevent overcrowding of land and undue concentration of structures by regulating land,
buildings, yards, and densities,
The proposed improvement will add a garage to a property where one currently does not
exist. It will not result in overcrowding of the land or an undue concentration of
structures. Approving the variance to allow the garage would not put the property over
the maximum amount of impervious surface allowed by the zoning code. In addition, a
detached garage is a permitted accessory use and is common among other homes in the
neighborhood. Criteria met.
f. Provide for compatibility of dierent land uses;
The proposal will not result in a change of land use, nor will it conflict with adjacent land
uses. Criteria met.
RECOMMENDED ACTION
1. Request Additional Information and Continue the Public Hearing. The Applicant appears to
have provided enough information for the Planning Commission to make a recommendation to
approve or deny the request. Should the Planning Commission request additional information
from the Applicant, the Planning Commission should continue the public hearing until a later
time.
2. Recommend Approval (with or without conditions) of the Variance. In the event of a
recommendation for approval (with or without conditions), the Planning Commission may refer
to Exhibit C and may modify the draft resolution for approval to include any conditions that it
deems necessary.
3. Recommend Denial of the Variance. In the event the Planning Commission chooses denial of
the requested variance, it should clearly state its reasons for the denial recommendation.
July 3, 2012
Page 5
ATTACHMENTS
Exhibit A: Location Map
Exhibit B: Applicant's Application
Exhibit C: Draft Resolution
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3301 Silver Lake Road • St. Anthony, MN 55418 s (p) 612.7823301 a (f) 612.782.3302
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VARIANCE APPLICATION
bra: $60 Residential $100 Other Zoning Districts
A. GENERAL DATA
APPLICANrSNAME: David & Merldith Socha
The above -named individual, firm, or corporation hereby respectfully submits the following information for the purpose of
securing a variance from existing land use zoning controls as found in the City of St. Anthony's Zoning Code.
Socha David 763- 670 -6763
Contact Person Last Name First Day Phone
E. PROJECT INFORMATION
1. Subject Property Address: 3207 Silver Lake Road NE, St. Anthony, MN 65418 -2405
2. Specify the nature of the project for which a variance is sought: New construction of a garage. No existing
garage on premises
3. Explain how you wish to vary from the applicable provisions of the Ordinance: We desire to have a garage
located In the rear setback of the property. The desired dimenslons of the garage are 27' wide by 24' deep This Is In
variance from the A mks s eddied In dated 28 Jame 2011
Ytaalyardse,}lwtte, I%Z,&%Rit) 04 /aa la -d M�G�C1ar/tD
4. Explain in a written statement why the strict enforcement of the Ordinance would u practical difficuiflea for pp
the appltcant, preventing the subject property to be used in a reasonable manner, that the plight of the landowner is due to
circumstances unique to the property not created by the landowner; that the variance if granted, will not alter the essential
the character of the locality; and that economic considerations alone are not the basis of the practical difficulties. Please
address each of these Items in your written statement. (City Code 9152.245(0))
5. Check all additional supporting documents which are being submitted to help explain this project proposal:
® Site Plan- ❑ Topographic Map 0 Other (specify) Front elevation; written statement
" Required Can A M&arldiliamr ptges to ftdlgegdain pmlvml mat irced JbruvMan.
I HERESY CERTIFY HTTH MY SIGNATURETHAT ALL DATA ON MY APPLICATION FORMS, PLANS AND SPF.CIPICATIONS ARETRUE AND
CORRECTTOTHESESTOP Y� KNOWLEDGE.
SWiataale—of Applicant 7_0I
ExriRAT1oN Date
Within one (1) year after the approval of a variance or appeal if the property owner or applicant has not substantially
started the construction of any building, structure, addition or alteration requested as part of the approval, said variance
shall become null and void unless an application for extension of the approval has been submitted. A letter to extend
the approval of a variance $hall be submitted to the Assistant City Manager not leg than thirty (30) days before the
expiration of said approval. Such letter shall state the fact for the request, showing a good faith attempt to utilize the
variance, and it shall state the additional time being requested to begin the proposed construction. The City Council
may grant extensiotm not to exceed one (1) year. (Rev. July 2011)
R \2011 website \Variance Amendment Application July 2011.doc
Legal Description
The South 65 feet of the North 95 feet of that part of the West 1/5 of the South 112 of the North 1/2 of the
Northwest Quarter of the Southeast Quarter of Section 6, Township 29, Range 23, lying West of the East 75 feet
thereof upon which Judicial Landmarks have been placed on the Northeast and Southeast Corners thereof;
Together with an easement for road purposes over the North 30 feet of the West 1/5 of the South Half of the North
Half as shown in deed Doc. No. 456814.
Legal Description 1005352150
15 May 2012
MEMORANDUM FOR RECORD
SUBJECT: Variance Justification Written Statement for Property located at 3207 Silver Lake
Road NE, St. Anthony, MN 55418 -2405, Zoned R -1 Single Family District
1. General. This memorandum serves as a written statement explaining why strict enforcement
of the Ordinance would cause practical difficulties for the applicants, David F. Socha and
Mcridith,l.O. Socha.
2. References:
a. St. Anthony, Minnesota Code of Ordinances, dated 28 June 2011.
3. Justification:
a. David and Meridith Socha, henceforth referred to as the property owners, desire to have a
variance from § 152.176 (1) St. Anthony, Minnesota Code of Ordinances, dated 28 June 2011.
The property owners desire to build a garage with dimensions 27' wide by 24' deep (total size
648 sq. ft.) of which 528 sq. R. would be located in the rear setback of 3207 Silver Lake Road
NI, St. Anthony, MN 55418 -2405, henceforth referred to as the property.
b. The property owners reside at 3207 Silver Lake Road NE, St. Anthony, MN 55418 -2405.
This property is zoned R -1 Single Family District. Not having a garage materially affects the use
of the property by the property owners. The property owners believe that a garage with
dimensions of 27' wide by 24' deep would not alter the essential character of the locality. In
addition a garage with the previously specified dimensions is consistent with existing homes and
current garage sizes. Building a garage would increase usability of the property and have a
positive affect on neighborhood property values.
c. Strict adherence to the ordinance would create a practical difficulty for the property owners
in the following ways:
i. Placing the garage completely outside of the rear setback of the property would place the
garage only 14' from the eastern wall of the house. This would block light coming into the
dining room, materially affecting use and enjoyment of the room. In addition, this would
effectively prohibit building any deck or patio off of the eastern wall of the house, rendering the
existing sliding glass doors useless and materially detracting from the use of existing yard space.
ii. Placing the garage at a distance of 14' from the primary dwelling could also cause
several environmental and safety concerns. A limited distance between buildings increases fire
SUBJECT: Variance Justification Written Statement for Property located at 3207 Silver Lake
Road NE, St. Anthony, MN 55418 -2405
hazards and could result in unnecessary damage to both structures and loss of property if either
were ever to catch on fire. Drainage is also a significant concern. Having limited space between
both structures could cause large amounts of rain and storm water to be funneled into a small
space, potentially causing water problems and flooding in the principal dwelling, as well as
causing excessive storm water runoff into city sewage and drainage systems. This is further
exacerbated due to the clay soil on the property.
iii. Between 7 October 2011 and 14 October 2011, David Socha met with Kim Moore -
Sykes and was informed that she was willing to treat Hilldale Avenue as the front yard for
purposes of garage construction. This information was relied upon when purchasing the property
insomuch as the property owners chose not to enact a garage contingency that was specified in
the purchase agreement with the previous owner. See appendix 2, excerpt from purchase
agreement dated 15 September 2011. On or about 15 November, after purchasing the property,
David met with Kim and presented a proposed site plan for a garage with dimensions 30' wide
by 24' deep. See appendix 1, 3207 Silver Lake Road Garage Proposal dated 14 October 2011,
for the original site plan. ']'his plan was approved by Kim Moore- Sykes.
iv. An attached garage is an unacceptable option as it would fundamentally change the
character and form of the house. In addition building an attached garage would be cost
prohibitive in the near -terns future. Furthermore, the only location for an attached garage would
be on the eastern wall of the house, transforming the dining room into a walkway to the garage,
and effectively eliminating the dining room. This would result in the house not meeting
occupancy requirements under §150.095 (A), Maximum Occupancy, at such time when the
property owners have children.
4. The point of contact for this memorandum is the undersigned at phone 763 - 670 -6763.
C
Encls: DAVID P. SOCHA
I Appendix 1 - 3207 Silver Lake
Road Garage Proposal dated
14 October 2011
2 Appendix 2 - Excerpt from
Purchase Agreement dated
15 September 2011
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EXHIBIT - C:
CITY OF ST. ANTHONY VILLAGE
HENNEPIN COUNTY, MINNESOTA
RESOLUTION NO.
RESOLUTION APPROVING A VARIANCE TO THE REAR YARD SETBACK
FOR THE PROPERTY LOCATED AT 3207 SILVER LAKE ROAD
WHEREAS, the City of St. Anthony Village received a request from the
Applicants David and Meridith Socha for a variance to the required rear yard setback for
the property located at 3207 Silver Lake Road on May 16, 2012, legally described as
follows:
THE SOUTH 65 FEET OF THE NORTH 95 FEET OF THAT PART OF THE WEST 115 OF
THE SOUTH 1/2 OF THE NORTH 1/2 OF THE NORTHWEST QUARTER OF THE
SOUTHEAST QUARTER OF SECTION 6, TOWNSHIP 29, RANGE 23, LYING WEST OF
THE EAST 75 FEET THEREOF UPON WHICH JUDICIAL LANDMARKS HAVE BEEN
PLACED ON THE NORTHEAST AND SOUTHEAST CORNERS THEREOF;
TOGETHER WITH AN EASEMENT FOR ROAD PURPOSES OVER THE NORTH 30 FEET
OF THE WEST 115 OF THE SOUTH HALF OF THE NORTH HALF AS SHOWN IN DEED
DOC. NO. 456814.
WHEREAS, the Applicant has requested a variance to the required rear yard
setback in order to construct a garage on the property; and
WHEREAS, the Planning Commission reviewed and considered the request
based on the related documents shown in the Applicants' application at their regular
meeting on July 17, 2012; and
NOW THEREFORE BE IT RESOLVED that the City Council of the City of
St. Anthony Village approves the Applicants' variance request based on the following
findings:
The requested variance is consistent with all the standards for granting a
variance as described in Section 152.245 of the St. Anthony Village Zoning
Code. More specifically, the City Council finds that the requested variance is
justified for the following reasons:
a. The property owner is proposing to use their property in a reasonable
manner not permitted by the zoning code. The proposed improvement
will add a garage to a property where one currently does not exist.
Garages are a permitted accessory use in the R -1 zoning district and are
common among most other homes in the neighborhood.
b. There are circumstances unique to the property not created by the property
owner. The existing home was constructed when present rules regarding
setbacks were not in existence. As a result, the home was built in a
location on the lot that limits the property owners' ability to meet the
setback requirements for most expansion projects.
c. Granting the variance will not alter the essential character of the locality.
Detached garages are common within the City and the applicant is
proposing to construct the garage in a manner that is consistent with the
principal structure. The use of the property will not change by granting the
variance.
d. Economic considerations alone are not the basis of the practical
difficulties. The applicants wish to construct the garage in order to protect
their vehicles.
e. Granting the variance is consistent with the City's comprehensive land use
plan and is in harmony with the general purposes and intent of the City's
Code relating to protecting the use districts. The use of the property will
remain the same as it is today.
f. Allowing the variance is in harmony with the general purposes and intent
of the City's Code relating to promoting orderly development and
redevelopment. Allowing the garage at the proposed location on the
property is consistent with promoting orderly redevelopment.
g. Granting the variance is in harmony with the general purposes and intent
of the City's Code relating to providing adequate light, air and access to
property. The project will not impact adjacent properties in their ability to
receive adequate light and air, or to access their property.
h. Allowing the variance is in harmony with the general purposes and intent
of the City's Code relating to preventing congestion in public streets. The
project will have no impact on congestion.
Allowing the variance is in harmony with the general purposes and intent
of the City's Code to provide for compatibility of different land uses. The
project will have no impact on land use compatibility.
j. Allowing the variance is in harmony with the general purposes and intent
of the City's Code to prevent overcrowding of land and undue
concentration of structures by regulating land, buildings, yards and
densities. A detached garage is a permitted accessory use and is common
among other homes in the neighborhood. The proposed garage would not
put the property over the maximum amount of impervious surface. The
variance will not result in overcrowding or concentration of buildings.
NOW THEREFORE BE IT FURTHER RESOLVED, that the City Council's
approval of the requested variance is contingent on the following:
1. The Applicant shall submit the appropriate plans and permits for review and
approval before beginning construction of the proposed garage.
2. The proposed garage shall at no point be closer than 15 feet from the rear
property line.
3. The Applicant is allowed to have one driveway serving the site. The proposed
garage includes the construction of a new paved driveway. The existing
driveway that serves the parcel shall be removed and replaced with a pervious
surface prior to issuing a final inspection for the garage.
4. (insert additional conditions as discussed)
APPROVED in the regular session of the City Council on July 24, 2012.
Jerome O. Faust, Mayor
Attested:
Barb Suciu, City Clerk
3207 Silver Lake Road
Variance Request
Planning Commission Meeting
July 17, 2012
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Rear Yard Setback
• General Information
Applicants:
David & Meridith Socha
Owner:
Same as above
Location:
3207 Silver Lake Road
Existing Land Use / Zoning: Low - density residential; R -1: Single family
Surrounding
Land Use/ Zoning:
North: Low - density residential; 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; zoned R1; Single - Family
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7/9/2012
1
3207 Silver Lake Rd Rear Yard Setback
= wMLC6,; EIAVE WE
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NNOWar Yard Setback
• Rear Yard Setback Variance Overview
— The property owners are proposing to construct a
garage within the rear yard setback
— Code requires rear yard setback of 25 feet or 20
percent of lot depth (greater of the two)
— Rear yard setback for property is 31 feet
— The proposed garage is 27' x 24' (648 sq. ft.)
ain -
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7/9/2012
2
Rear Yard Setback
ain IhQrry
7/9/2012
3
3207 Silver Lake Rd Rear Yard Setback
• Rear Yard Setback Variance Overview
— Discussions with legal counsel suggest the proper
variance is a rear -yard setback variance versus a
variance to the garage setback permit.
ain thQiry — WW
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ar Yard Setback
• Rear Yard Variance Overview
— Garage proposed 15 feet from the rear lot line
— A driveway exists off of Hilldale Avenue
— If the variance is granted, the exiting driveway
would be removed and a new driveway would be
constructed leading up to the garage
110 n Ihorry -- - - - - -- A
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7/9 /2012
4
3207 Silver Lake Rd Rear Yard Setback
• Rear Yard Variance Overview
— Placing the garage within the rear setback would:
• Block sunlight to the dining room
• Prohibit future deck or patio
• Potential drainage issues
— Attached garage not feasible
• Would require entering through the living room
—
a e C WSB
= Rcl Rear Yard Setback
• Rear Yard Variance Overview
— The property has a large front yard which impacts
the amount of land available for a rear yard
— Given where the home was originally constructed
it is difficult to fit a structure in the rear yard and
meet all of the setback requirements
ain thony _ A
a C WSe
7/9/2012
3207 Silver Lake Rd Rear Yard Setback
• Variance Criteria Review
— The subject matter of the application is within the
scope of the variance process
— The property owner proposes to use the property
in a reasonable manner. Garages are a permitted
accessory use in the R -1 district and are common
among other homes in the neighborhood.
ain th4iry wSB
ear Yard Setback
FINOW
• Variance Criteria Review
— Circumstances are unique to the property - not
caused by the property owner. The home was
constructed in a location on the lot that makes it
difficult to meet the rear -yard setback for most
expansion projects.
— If granted, the variance will not alter the essential
character of the locality
ain Ih4rry .. -- A
WSe
7/9/2012
9
3207 Silver Lake Rd Rear Yard Setback
• Variance Criteria Review
— Economic considerations alone are not the basis
of the practical difficulties
• The Applicants wish to have a garage to protect their
vehicles
ain tht
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MWO&ar Yard Setback
• Variance Criteria Review
—The variance is consistent with the city's
comprehensive plan
—The variance would protect the land use district.
Present use is single family residential and the
variance would not alter that
— The variance allows for orderly redevelopment on
the site
ain thuny -- µ!ms
1 a C
7/9/2012
FA
3207 Silver Lake Rd Rear Yard Setback
• Variance Criteria Review
— The variance will not reduce the amount of light,
air and access to the property or surrounding
properties
— Granting the variance will not increase congestion
in the public streets
ain thgiry -- WS8
ar Yard Setback
• Variance Criteria Review
— The proposed improvement will not result in
overcrowding of the land or an undue
concentration of structures
— Granting the variance will not alter the site's
compatibility with different land uses
.
7/9/2012
0
3207 Silver Lake Rd Rear Yard Setback
• Recommendation
Staff recommends approval of the rear -
yard variance subject to the conditions
outlined in Exhibit C
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Fm9wke Rd Rear Yard Setback
Questions?
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7/9/2012
21
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Infrastructure ■ Engineering ■ Planning . Construction
CITY OF ST. ANTHONY VILLAGE MEMORANDUM
To: St. Anthony Village Planning Commission
From: Jacqueline Corkle, PTP, AICP Interim City Planner
701 Xenia Avenue South
Suite 300
Minneapolis, MN 55416
Tel: 763 -541 -4800
Fax: 763 - 541 -1700
Date: July 3, 2012
Planning Commission Regular Meeting for July 17, 2012
City Council Regular Meeting for July 24, 2012
W SB Project No. 01626 -630
Request: Request for a Variance to the 30 -foot setback at 3700 Foss Road / 3405
County Road D W (37th Ave NE)
RECOMMENDATION
The Applicant's request for a variance is reasonable and consistent with the City's Comprehensive Plan.
Based on our review, staff recommends approval of the requested three -foot variance from the 30 -foot
required setback from 37th Avenue NE subject to the conditions as outlined in Exhibit C.
GENERAL INFORMATION
Applicant: Alan Plutowski from TWP Architects on behalf of St. Anthony Health Center
Owner: St. Anthony Nursing Home LP
Location: 3700 Foss Road/3405 County Road D W (37th Ave NE)
Existing Land Use / Institutional /zoned: R4; Multiple Dwellings
Zoning:
Surrounding Land North: High Density Residential; zoned R -4; Multiple Dwellings
Use /Zoning: South: Low Density Residential, Institutional: zoned R -IA Single Family Res;
R -2 Two Family Res; ROS Recreation/Open Space
East: High Density Residential; zoned R -4; Multiple Dwellings
West: High Density Residential; zoned R -4; Multiple Dwellings
Deadline for Agency Application Date:
06 -14 -12
Action: 60 Days:
08 -12 -12
Letter Sent:
N/A
120 Days:
10 -11 -12
CONSIDERATIONS RELATING TO THE PROPOSED VARIANCE
1. Background
The St. Anthony Health Center wishes to construct a light well on the south side of its building at the
corner of Foss Road and 37th Avenue NE. The light well is intended to provide natural light into the
basement area where the physical therapy unit is located. Presently the area has no natural light. The
light well is proposed along the south side of the property, in front of the 30 -foot segment of the
building that protrudes out from the rest of the building. The proposed light well is slightly longer
than 23 feet and is five feet wide. The light well is less than three feet tall.
A variance is needed for the light well due to the fact that it encroaches into the required 30 -foot
setback along 37th Avenue NE (County Road D West).
July 3, 2012
Page 2
2. Overview
The property is located on a corner lot adjacent to Foss Road and 37th Avenue NE (County Road D
West). The property is in the R -4 District. The proposed addition is on the south side of the building
along 37th Avenue NE. The existing building is set back from the property line 32 feet. The required
setback for the property along 37th Avenue is 30 feet.
The proposed addition is approximately 23 and a half feet long and five feet wide, which will require
a 3 -foot variance from the setback along 37th Avenue NE. The proposed addition is approximately 21
feet, 8 inches feet from the sidewalk.
Although locating the light well in almost any other location would negate the need for a variance, the
applicant has expressed that the natural light is needed for the area in the basement that serves as the
physical therapy center. The physical therapy center is located in the area where the building juts out.
Placing the light well along the eastern side of the jut out is not practical and would require relocating
the gas line serving the site, relocating the gas meter and reworking the gas lines in the building.
Placing the light well along the western side of the jut out also would not work due to the location of
the electrical utilities and generator that are currently in place. Relocating these utilities would
involve significant construction.
In addition to the utility issues, the light needs to serve the area where the physical therapy unit is
located. Moving the light well to the other locations would not serve the physical therapy area.
Relocating the physical therapy unit within the building is also challenging. St. Anthony Health
Center is required to meet specific criteria for its operations, which makes moving different
operations from part of the building to another difficult without impacting some other function on
site. Therefore, the Owner would not be able to simply move its physical therapy operations to
another part of the building and provide a light well at a location that may be able to meet setback
requirements.
3. Criteria for Variance. Title XV Land Usage, Chapter 152 Zoning Code, Section 152.245, (C)
Evidence, lists the criteria the City Council must consider in determining whether to grant or deny a
variance. The applicable criteria include:
1. The subject matter of the application is within the scope of this section.
The application for a variance is necessary considering the proposal would result in the building
extending beyond the required 30 -foot setback from 37th Avenue NE. Criteria met.
2. Strict enforcement would cause practical difficulties because:
a. The property owner proposes to use the property in a reasonable manner not permitted
by the zoning code;
The proposed light well is allowed by the zoning code with the only exception being that
the location of the light well would cause the building to no longer meet the required 30-
foot setback. The light well is needed to provide natural light for the physical therapy unit
in the basement of the building. Staff finds that the proposal is consistent with the use of
the property and is therefore reasonable. Criteria met.
b. The plight of the property owner is due to circumstances unique to the property not
created by the property owner;
There are unique circumstances to the use of the building that were not created by the
current property owner. First, the building was originally constructed when there was not
a 30 -foot setback requirement along 37th Avenue NE. Secondly, operations at nursing
home facilities have evolved over time. The types of care and treatment that are offered
July 3, 2012
Page 3
today, along with the way in which rooms are set -up, were not in place when the building
was constructed. As care and treatment have evolved, so to have state rules and
regulations in terms of operations and how the facility needs to be set -up. Facilities are
required to meet new standards in how they operate, so when one area of a site is
modified, there is the potential to impact other operations, which in turn may require
additional modifications. If the physical therapy unit were to be relocated to another
portion of the basement, it would impact uses already in existence on the site, which
would require additional improvements and modifications to the site. Other uses in the
R -4 Zoning District generally would not have these same constraints. Staff believes that
the property owners did not create all of the circumstances that is requiring the variance
request. Criteria met.
c. The variance, ifgranted, will not alter the essential character of the locality; and
Granting the variance would not alter the essential character of the locality. The use of
the property would not change if the variance is granted and the look and feel of the
block will not be noticeably altered. The visual impact of the light well on the exterior of
the property is minimal, as the light well will extend no more than three feet into the side
yard setback and is less than three feet high. Criteria met.
d. Economic considerations alone are not the basis of the practical difficulties.
The basis of the practical difficulties is due to the Applicant not being able to relocate the
physical therapy unit to another part of the building without impacting other operations
on site. Additionally, the proposed location is the most logical location to provide natural
light into the building at this particular location. There are no other locations that the
light well could be placed to provide light to the physical therapy unit. Economic
considerations alone are not the basis of the practical difficulty. Criteria met.
3. The variance, ifgranted, would be consistent with the city's comprehensive land use plan.
If the variance is granted, the use of the property would remain the same. The comprehensive
plan indicates the current land use is institutional (nursing home) and guides this property for
institutional use in the future. Criteria met.
4. The granting of the variance is in harmony with the general purposes and intent of the zoning
code.
The intent of the zoning code is to protect the health, safety, and general welfare of the city and
its people through the establishment of minimum regulations governing land development and
use. The zoning code is established to:
a. Protect the use districts;
The proposal would not change the use of the property. The current use is consistent
with the zoning code. Criteria met.
b. Promote orderly development and redevelopment;
The proposal seeks to make an improvement to the property which will benefit the
residents of the nursing home. The Applicant had considered other locations for the light
well; however, those locations could not provide the light to the area where it was needed
without rearranging multiple other operations within the nursing home. Staff finds the
redevelopment of the site to be orderly and logical. Criteria met.
July 3, 2012
Page 4
c. Provide adequate light, air, and access to property;
The proposal would not negatively impact adequate light or air from reaching the
property or adjacent properties. The variance is needed to bring natural light into a
portion of the building that currently does not have any. Criteria met.
d. Prevent congestion in the public streets;
The proposal will have no impact on the amount of congestion in the public street.
Criteria met.
e. Prevent overcrowding of land and undue concentration of structures by regulating land,
buildings; yards, and densities;
The proposed improvement will result in the building exceeding the required 30 -foot
setback by three feet. Allowing the variance will result in the building being located 27
feet from the property line instead of the required 30 feet. Staff does not believe that this
variance will result in overcrowding or concentration of buildings. Criteria met.
f. Provide for compatibility of different land uses;
The proposal will not result in a change of land use, nor will it conflict with adjacent land
uses. Criteria met.
POTENTIAL ACTION
1. Request Additional Information and Continue the Public Hearing. The Applicant appears to
have provided enough information for the Planning Commission to make a recommendation to
approve or deny the request. Should the Planning Commission request additional information
from the Applicant, the Planning Commission should continue the public hearing until a later
time.
2. Recommend Approval (with or without conditions) of the Variance. In the event of a
recommendation for approval (with or without conditions), the Planning Commission may refer
to Exhibit C, and may modify the draft resolution for approval to include any conditions that it
deems necessary.
3. Recommend Denial of the Variance. In the event the Planning Commission chooses denial of
the requested variance, it should clearly state its reasons for the denial recommendation.
ATTACHMENTS
Exhibit A: Location Map
Exhibit B: Applicant's Application
Exhibit C: Draft Resolution — Approving the Variance Request
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EXHIBIT - B:
APPLICANT'S
APPLICATION
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3301 Silver Lake Road • St. Anthony, MN 5541.8 • (p) 612.782.3301 • (f) 612.782.3302
ww w.ci saint -antho ny. m n. us
VARIANCE APPLICATION
FEE: $60 Residential $100 Other Zoning Districts
A. GENERAL DATA
APPLICANT'SNAME: Alan Plutowski, TWP Architects
The above -named individual, firm, or corporation hereby respectfully submits the following information for the purpose of
securing a variance from existing land use zoning controls as found in the City of St. Anthony's Zoning Code,
Plutowski Alan 763- 533 -7171 x15
Contact Person Last Name First Day Phone
B. PROJECT INFORMATION
1. Subject Property Address: 3700 Foss Road
2. Specify the nature of the project for which a variance is sought: To construct a small addition
that allows natural light into the lower level physical therapy area
3. Explain how you wish to vary from the applicable provisions of the Ordinance: Encroachment into
setback alone 37th Street-
4. Explain in a written statement why the strict enforcement of the Ordinance would cause practical difficulties for
the applicant, preventing the subject property to be used in a reasonable manner; that the plight of the landowner is due to
circumstances unique to the property not created by the landowner; that the variance if granted, will not alter the essential
the character of the locality; and that economic considerations alone are not the basis of the practical difficulties. Please
address each of these items in your written statement. (City Code §152.245(C))
5. Check all additional supporting documents which are being submitted to help explain this project proposal:
® Site Plan' ❑ Topographic Map N Other(specify) Exterior Elevation
`Required Can attach additional inges to fully explain prolvol and need fin wriance.
I HEREBY CERTIFY WITH MY SIGNATURE THAT ALL DATA ON MY APPLICATION FORMS, PLANS AND SPECIFICATIONS ARE TRUE AND
CORRECT TO THE BEST OF MY KNOWLEDGE.
Signature of Applicant
06105/2012
Date
EXPIRATION
Within one (1) year after the approval of a variance or appeal if the property owner or applicant has not substantially
started the construction of any building, structure, addition or alteration requested as part of the approval, said variance
shall become null and void unless an application for extension of the approval has been submitted. A letter to extend
the approval of a variance shall be submitted to the Assistant City Manager not lea than thirty (30) days before the
expiration of said approval. Such letter shall state the fact for the request, showing a good faith attempt to utilize the
variance, and it shall state the additional time being requested to begin the proposed construction. The City Council
may grant extensions not to exceed one (1) year. (Rev. July 2017)
F: \2011 website \Variance Amendment Application July 2011.doc
EXHIBIT A
Legal Description
The real property located in Ramsey County, Minnesota, and legally described as:
Lots 8, 9, and 10, Block 11, Mounds View Acres Second Addition; the North 74.00 feet
of the East 30.00 feet of Lot 11, Block 11, Mounds View Acres Second Addition; the
East 30.00 feet of Lot 13, Block 11, Mounds View Acres Second Addition together with
terms and conditions of Declaration of Easements and Real Covenants dated December
18, 1985, filed of record February 7, 1986, as Document No. 795498, amended by First
Amendment to Declaration of Easements and Real Covenants dated May 13, 1996, filed
of record May 22, 1996, as Document No. 1121355.
Ramsey County, Minnesota
Torrens Property
Torrens Certificate No. 380735
PLUTOWSKI
ARCn7:TECTS, PA
4125 Lakeland Ave N
Suite 200
Minneapolis, MN 55422
(763) 533 -71.71
(763).533 -7979 Fax
June 5, 2012
Saint Anthony Village
Attn: City Manager
3301 Silver Lake Road
Saint Anthony, Minnesota 55418 -1699
RE: Variance Statement
Dear City Manager:
This statement is in response to the questions required in applying for and granting a
variance.
Strict enforcement of the zoning code on this property will retain the current footprint
and layout of the existing building. Granting of the variance will allow construction of a
five -foot by twenty -three -foot addition at the lower level in order to reconfigure the
physical therapy unit. An above -grade glazing assembly at the addition creates a source
for natural light, which is lacking in the current existing layout.
The construction of the proposed addition is a permanent structure built of cement
masonry units and steel stud fuming with gypsum board interior finish with an above -
grade atrium glazing assembly and preftnished metal flashing attached to one side of the
existing building. It is a completely reasonable feature for such a facility and it is not
permitted by the zoning code due to the setback along the side of 37 "' Street on this site.
The construction of the proposed addition is necessary to improve the quality of the
physical therapy unit space and provides daylighting to the area. The setbacks are
unique to the property and are not created by the property owner and the current 30'
setback was not a requirement when the building was originally designed and
constructed. The current footprint at the physical therapy edge is approximately three
feet inside the setback. The proposed addition will be predominantly below ground and
will extend less than two feet above the ground plane and therefore will not be visually
or physically intrusive to the building fagade.
The variance, if granted, will not alter the essential character of the locality. It will
improve the character of the area by enhancing the quality of the space it serves and will
utilize natural lighting, thus reducing energy usage.
Economic considerations alone are not the basis of the practical difficulties. The owner
is willing to spend this money to enhance the quality of the facility's physical therapy
space and its occupants. Due to the layout of the building and site, this is the best way
to achieve this objective in an effective, efficient manner.
The variance, if granted, would be consistent with the city's comprehensive land use
plan. The land use plan for this site is and will remain multiple -unit residential. The
proposed physical therapy addition will enhance the ability of the facility to continue
current use as a multi -unit senior housing serving physical therapy needs.
I of 2
The granting of the variance is in harmony with the general purposes and intent of the
zoning code. In that the intent of the code is to "protect the health, safety, and general
welfare of the city and its people through the establishment of minimum regulations
governing land development and use," the granting of this variance will allow the
construction of the proposed addition, which will improve the quality of the physical
therapy program and well -being for both residents and users from nearby facilities,
thereby improving the general welfare of the city as a whole.
Thank you for your consideration.
Sincerely,
Alan Plutowski
2of2
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Offlce of the Ramsey County PubHe Halm Department
wsoar amry sxv nn, enx¢sm a 167 CoiRl; use'
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Project Ro. §.A2 62 -614A7
Parcel RdP 4A.. ,
St. Anthony Nursing Rome co- partnership, grantor, pof- 6msityx unity, Stdte�of ��l?iminsota for and
in consideration of Ten Thousand Five Hundred Hollers ($10,560;60), hiteby convey5_ym�d warrants to
the County of Ramsey, grantee, for highway p6,po's�hce�nid elear of all encumbrances, the
following described real estate in the County of Ramsay rr the SL`e'te of'iGtuinesotef
11:e sa b 5.5 feet of fats % 10, 11 and 13, Week 11, M_om!dg Pew Acres, Second
Addition situated in Ramsey County, Minnesota; containing 0.075 acres, more or lass.
And the said grantor, for its successors and assigns hereby releases the County of Ramsey, its
successors and assigns, from all claims for any and all damages resulting to the land$ through and
across which the parcel of land hereby conveyed is located by reason of the location, grading,
construction, maintenance and use of a public highway over and upon and the removal of materials
from the premises hereby conveyed and from the was incident thereto, and the County of Ramsey
shall have the right to use and remove all earth and other materials and all trees, shrubs, grasses .
and herbage lying within the parcel of land hereby conveyed.
Dated this la'.0� day of Mg -,/n- , 1884.
FNIEREll IN TRANSFER REWRO
3 --as 19"
LOU McKENNA
RudW. Rw County. Irereets
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ST. ANTHONY NURSING HOME?_
A partner /Z
A partner
State of Minnesota4tirY__1
county or �g ) ss
The foregoing instrument was acknowledged before mathls g
1984, by 7Y�Gifsrx�
r Q. n s �. a pazther, or t. An,
00-partn p, on b fl�f or. woe- pertnersMp.
M rj by:
Atney
of
EXHIBIT - C:
CITY OF ST. ANTHONY VILLAGE
HENNEPIN COUNTY, MINNESOTA
RESOLUTION NO.
RESOLUTION APPROVING A THREE -FOOT VARIANCE TO THE
REQUIRED 30 -FOOT SETBACK FROM 37TH AVENUE SOUTH FOR
THE PROPERTY AT THE CORNER OF FOSS ROAD AND 37TH AVENUE NE
WHEREAS, the City of St. Anthony Village received a request from the
Applicant St. Anthony Health Center for a variance to the required 30 -foot setback from
37th Avenue NE on June 14, 2012, for the property legally described as follows:
LOTS 8, 9, AND 10, BLOCK 11, MOUNDS VIEW ACRES SECOND ADDITION; THE
NORTH 74.00 FEET OF THE EAST 30.00 FEET OF LOT 11, BLOCK 11, MOUNDS VIEW
ACRES SECOND ADDITION; THE EAST 30.00 FEET OF LOT 13, BLOCK 11, MOUNDS
VIEW ACRES SECOND ADDITION TOGETHER WITH TERMS AND CONDITIONS OF
DECLARATION OF EASEMENTS AND REAL CONVENANTS DATED DECEMBER 13,
1985, FILED OF RECORD FEBRUARY 7, 1986, AS DOCUMENT NO. 795498, AMENDED
BY FIRST AMENDMENT TO DECLARATION OF EASEMENTS AND REAL COVENANTS
DATED MAY 13, 1996, FILED OF RECORD MAY 22, 1996, AS DOCUMENT NO. 1121355.
RAMSEY COUNTY, MINNESOTA
TORRENS PROPERTY
TORRENS CERTIFICATE NO. 380735
WHEREAS, the Applicant has requested a three -foot variance to the required 30-
foot setback from 37th Avenue NE in order to construct a light well along the south
elevation of the building; and
WHEREAS, the Planning Commission reviewed and considered the request
based on the related documents shown in the Applicant's application at their regular
meeting on July 17, 2012; and
NOW THEREFORE BE IT RESOLVED that the City Council of the City of
St. Anthony Village approves the Applicant's variance request based on the following
findings:
1. The requested variance is consistent with all the standards for granting a
variance as described in Section 152.245 of the St. Anthony Village Zoning
Code. More specifically, the City Council finds that the requested variance is
justified for the following reasons:
a. The property owner is proposing to use their property in a reasonable
manner not permitted by the zoning code. The proposed improvement
will allow natural light to enter the basement of the building, thereby
enhancing the Applicant's use of the building and ability to provide better
physical therapy care.
b. There are circumstances unique to the property not created by the property
owner. The 30 -foot setback was not a requirement at the time the building
was constructed. Additionally, relocating the physical therapy unit to
another location in the building would require other operations on site to
be rearranged. Some of this rearrangement would be due in part to
regulations the nursing home is required to follow as part of its licensing.
These conditions were not created solely by persons presently having an
interest in the parcel of land.
c. Granting the variance will not alter the essential character of the locality.
The visual impact of the light well on the exterior of the property is
minimal, as the light well will extend no more than three feet into the side
yard setback and is less than three feet high.
d. Economic considerations alone are not the basis of the practical
difficulties. The proposed location is the most logical and best suited to
allow natural light to enter the basement of the building.
e. Granting the variance is consistent with the city's comprehensive land use
plan and is in harmony with the general purposes and intent of the City's
Zoning Code relating to protecting the use districts. The use of the
property will remain the same as it is today.
f. Allowing the variance is in harmony with the general purposes and intent
of the City's Zoning Code relating to promoting orderly development and
redevelopment.
g. Granting the variance is in harmony with the general purposes and intent
of the City's Zoning Code relating to providing adequate light, air and
access to property. The project will not impact adjacent properties in their
ability to receive adequate light and air, or to access their property. The
variance is needed to bring natural light into the building.
h. Allowing the variance is in harmony with the general purposes and intent
of the City's Zoning Code relating to preventing congestion in public
streets. The project will have no impact on congestion.
i. Allowing the variance is in harmony with the general purposes and intent
of the City's Zoning Code to provide for compatibility of different land
uses. The project will have no impact on land use compatibility.
j. Allowing the variance is in harmony with the general purposes and intent
of the City's Zoning Code to prevent overcrowding of land and undue
concentration of structures by regulating land, buildings, yards and
densities. The variance will result in the building being located 27 feet
from the property line instead of the required 30 feet. Staff does not
believe that this variance will result in overcrowding or concentration of
buildings.
NOW THEREFORE BE IT FURTHER RESOLVED, that the City Council's
approval of the requested variances are contingent on the following:
1. The Applicant shall submit the appropriate plans and permits for review and
approval before beginning construction of the proposed light well.
2. The proposed light well shall at no point be closer than 27 feet from the side
property line adjacent to 37th Avenue NE.
3. The construction of the light well will likely result in the removal of an
existing tree on site (shown in Exhibit B). The Applicant shall plant a new
tree on site and have it in place prior to the inspection being finalized.
4. (Insert other conditions as desired.)
APPROVED in the regular session of the City Council on June 26, 2012.
Jerome O. Faust, Mayor
Attested:
Barb Suciu, City Clerk
St. Anthony Health Center
Setback Variance Request
.;fanning Commission Meeting
July 17, 2012
ain th�ry A
WSB
PWM§"&r
Setback Variance
• General Information
Applicant:
Alan Plutowski from TWP Architects on behalf of St. Anthony Health Center
Owner:
St. Anthony Nursing Home LP
Location:
3700 Foss Road
Existing Land
Use / Zoning: institutional; zoned R -4 multiple dwellings
Surrounding Land Use/ Zoning:
North:
high - density residential; zoned R -4 multiple dwellings
South:
low- density residential, institutional; zoned R -1A single
family res., R -2 two family res and ROS recreation /open space
East:
high- density residential; zoned R -4 multiple dwellings
West:
high - density residential; zoned R -4 multiple dwellings
ain thQay
8 (%
A
W
7/s/2oi2
1
t. Anthony Health Center Setback Variance
t�IN MfiM
--
i a C% K'se
Center Setback Variance
• Setback Variance Overview
— The property owners are proposing to construct a
light well within the required 30 -foot setback
— City Code requires a setback of 30 feet from 37th
Avenue NE
— The proposed light well extends into the setback
requirement by three feet
ain th4ny v 1- �
7/5/2012
2
r Setback Variance
St. Anthony Health Center Setback Variance
3
St. Anthony Health Center Setback Variance
T
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figater Setback Variance
d. Jim
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St. Anthony Health Center Setback Variance
WFIL
L1% ` M46 1
rIENLARGED ELEVATION AT PROPOSED PT ADDITION
�ar.v
ain thQrry A
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7/5/2012
5
x.,
nter Setback Variance
• Side Yard Variance Overview
— The existing basement location of the physical
therapy unit limits the amount of natural light that
can get into the building
— Placing the light well at other locations conflicts
with utility lines and services
— Relocating the physical therapy unit is not
practical, as it would impact other operations of
the center
ain th��ry
i a C% wse
Mw&ititer Setback Variance
• Variance Criteria Review
— The subject matter of the application is within the
scope of the variance process
— The property owner proposes to use the property
in a reasonable manner. The light well is needed
to provide natural light for the physical therapy
unit in the basement of the building
i a C% Wse
7/5/2012
11
St. Anthony Health Center Setback Variance
• Variance Criteria Review
— Circumstances are unique to the property - not
caused by the property owner. Placing the light well at
other locations conflicts with utility lines and services.
In addition, relocating the physical therapy unit is not
feasible, as it would impact other operations of the
center. The building was also constructed prior to 30-
foot setback requirement
— If granted, the variance will not alter the essential
character of the locality
unt n(hon
�c� f��ecl WSB
Malealth Center Setback Variance
• Variance Criteria Review
— Economic considerations alone are not the basis
of the practical difficulties
• The basis of the practical difficulties is due to the
Applicant not being able to relocate the physical
therapy unit to another part of the building, as well as
the light well not being able to be located along a
different wall
• The proposed location is the most logical and best
suited to allow natural light to enter the basement
in thQn A
a
a 8 y tm
7/s /zosz
FA
S n Health Center Setback Variance
• Variance Criteria Review
— The variance is consistent with the city's
comprehensive plan
— The variance would protect the land use district.
Present use is institutional and the variance would
not alter that
— The variance allows for orderly redevelopment on
the site
ain thgrry
WM
r Setback Variance
• Variance Criteria Review
— The variance will not reduce the amount of light,
air and access to the property or surrounding
properties. The variance is needed to bring natural
light into the building
— Granting the variance will not increase congestion
in the public streets
ain th
i a cJ .. _ 2 �
7/5 /2012
L
St. Anthony Health Center Setback Variance
• Variance Criteria Review
— Granting the variance will result in the building
being located 27 feet from the property instead of
the required 30 feet. Staff does not believe that
this variance will result in overcrowding or
concentration of buildings
— Granting the variance will not alter the site's
compatibility with different land uses
( C7ain nthoony _ _ A
"Ck'i la e Cl — - — WSB
St. Anthony Health Center Setback Variance
• Recommendation
Staff recommends approval of the side
yard setback variance subject to the
conditions outlined in Exhibit C
ain Ih2rry
1 a C% WSe
7/s/2oi2
PJ
St. Anthony Health Center Setback Variance
Questions?
wse
7/5/2012
10
A
WSB
&.4sa d.w, Dm. Infrastructure . Engineering a Planning . Construction 701 Xenia Avenue South
Suite 300
Minneapolis, MN 55416
Tel: 763 -541 -4800
Fax: 763 - 541 -1700
CITY OF ST. ANTHONY VILLAGE MEMORANDUM
To: St. Anthony Village Planning Commission
From: Jacqueline Corkle, PTP, AICP Interim City Planner
Date: July 10, 2012
Planning Commission Regular Meeting for July 17, 2012
WSB Project No. 01626 -630
Regarding: The regulation of Assemblies, Meeting Lodges and Convention Halls -
potential changes to the City Code
BACKGROUND
As the Planning Commission is aware, the St. Anthony Village City Council directed staff to prepare a
study regarding the regulation of assemblies, meeting lodges and convention halls as conditional uses in
the Light Industrial and Commercial Districts. The need for the study arose from two recent applications
for religious assembly in the Light Industrial Zoning District. These applications were a concern to the
City Council from a land -use perspective. The City Council has stated their belief that the intent of the
assembly use in the Commercial and Light Industrial Zoning Districts is for secular purposes, not
religious.
To provide staff time to complete the study and make any subsequent changes to the City Code, the City
Council passed a moratorium on the issuance of Conditional Use Permits for Assemblies, Meeting
Lodges or Convention Halls within both the Commercial and Light Industrial Zoning Districts. This
moratorium will expire on March 13, 2013 or earlier if the City Council wishes to rescind it.
At its Special Session on June 5, 2012, the St. Anthony Village Planning Commission recommended to
adopt "A Study for the Purpose of Considering Amendments to the City Zoning Code Regarding the
Regulation of Assemblies, Meeting Lodges, and Convention Halls ". Specifically, the Planning
Commission recommended to the City Council to adopt what was identified as Option 3. Option 3 allows
all assembly use (both religious and non- religious) within the Commercial Zoning District and eliminates
all assembly use (both religious and non - religious) from the Light Industrial Zoning District. The intent
of Option 3 is to provide an alternative to those seeking places for assembly within the City and to treat
assemblies equally within specific zoning districts. Option 3 will also preserve the light industrial zoning
district as an area of the City developed specifically to industry- oriented development and economic
growth. The City Council unanimously adopted the study and endorsed Option 3 at its June 12, 2012
meeting.
Now that the study has been adopted and Option 3 has been identified as the preferred method for
updating the City Code, staff has begun to prepare the proposed changes. This meeting will be used to
highlight the proposed changes and to get feedback and input on the proposed changes from the Planning
Commission so that amendments to the City Code can be made at a future meeting.
PROPOSED CHANGES
There are several areas within the City Code where changes would be needed to implement Option J.
This section of the report highlights potential changes within the different sections of the City Code.
July 10, 2012
Page 2
1. Title XV, Chapter 152, Section 152.008 (Definitions)
With the exception of the R -1 A Single- Family Lakeshore District, the residential districts in the
City Code allow for permitted conditional uses for "Churches, temples, or synagogues and their
supporting homes, convents, or rectories ". The Commercial District allows for the permitted
conditional use of "Assembly, lodge or convention halls ". The City Code does not provide
definitions for any of the terns used in either reference.
In reviewing ordinances from other communities, there is a trend to use terms such as "religious
institution" or "place of worship" rather than defining each term (church, temple, synagogue,
etc.). Additionally, ordinances in other communities generally make references for "clubs" or
"lodges" rather than convention halls.
The following terms should be defined: religious institution, assembly and club or lodge. Sample
definitions found in other city codes or other resources are included. Definitions in italics are
recommended for inclusion in the update.
A. Religious Institution:
Church/Religious Institution/Place of Worship: A tax- exempt building, together with its
accessory buildings (supporting homes, convents or rectories) and uses commonly associated
with religious institutions, where persons regularly assemble for religious worship and which
building, together with its accessory buildings and common religious uses, is maintained and
controlled by a religious body organized to sustain religious ceremonies and purposes.
Religious Institution: A building or campus in which worship, ceremonies, rituals and education
pertaining to a particular system of beliefs are held. Convents, rectories, homes, and the like may
be considered as part of a religious institution campus if located on the same parcel.
Religious Institution: An institution that people regularly attend to participate in or hold religious
services, meetings and other activities. The term shall not carry secular connotation and shall
include buildings in which religious services of any denomination hare held.
Religious Institution: A building or edifice consecrated to religious worship, where people join
together in some form of public worship under the aegis and direction of a person who is
authorized under the laws of the State of Minnesota to solemnize marriages. A religious
institution may include living quarters for persons employed on the premises and classroom
facilities. The following are not considered as religious institutions: camp meeting grounds,
mikvahs, coffee houses, recreational complexes, retreat homes, sleeping quarters for retreatants
during spiritual retreats extending for periods of more than one day. Bible camps with live -in
quarters, publishing establishments, ritual slaughterhouse, radio or television towers and
transmission facilities, theological seminaries, day care centers, hospitals, and drug treatment
centers.
Religious Institution/Place of Worship: A tax- exempt building, together with its accessory
buildings (supporting homes, convents or rectories) and uses commonly associated with religious
institutions, where persons regularly assemble for religious worship and which building, together
with its accessory buildings and common religious uses, is maintained and controlled by a
religious body organized to sustain religious ceremonies and purposes. The term shall not carry
secular connotation.
July 10, 2012
Page 3
B. Assembly /Assemblies:
Assembly: A group of people who meet together for a particular reason
Assembly: A meeting of people who represent different parts of a large organization
Assembly: A membership institution
Assembly: A number of people gathered together, especially for a formal meeting held at regular
intervals
Assembly: A group of persons who are gathered for a common purpose
Assembly: The concourse or meeting together of a considerable number of persons at the same
place
Assembly: A company of persons gathered for deliberation and legislation, worship, or
entertainment. An assembly may be either religious or secular, but specifically includes a
Religious Institution/Place of Worship.
C. Club or Lodge:
Club or Lodge: A non - profit association of persons who are bona fide members paying annual
dues, with the use of premises and/or buildings being restricted to members and their guests.
Club or Lodge: Any corporation duly organized under the laws of Minnesota for civic, fraternal,
social or business purposes, or for intellectual improvement for the promotion of sports or a
congressionally chartered veterans' organization if it meets all of the following conditions:
• It shall have more than 50 members
• For more than a year, it shall have owned, hired or leased a building or space in a
building of the extent and character as may be suitable and adequate for the reasonable
and comfortable accommodation of its members.
• Its affairs and management shall be conducted by a board of directors, executive
committee, or other similar body chosen by the members at a meeting held for that
purpose.
• None of its members, officers, agents or employees shall be paid directly or indirectly
any compensation by way of profit from the distribution of sale of beverages to the
members of the club or to its guests, beyond the amount of the reasonable salary or wages
as may be fixed and voted each year by the governing body of the club.
Club or Lodge: An establishment in which a limited group of people are organized to pursue
common social or fraternal goals, interests or activities, and usually characterized by certain
membership restrictions, payment of fees or dues, regular meetings and a constitution or bylaws.
Club or Lodge: An establishment in which a limited group ofpeople are organized to pursue
common social or fraternal goals, interests or activities, and usually characterized by certain
membership restrictions, payment offees or dues, regular meetings and a constitution or bylaws.
The use of any premises and/or buildings is restricted to members and their guests.
July 10, 2012
Page 4
2. Title XV, Chapter 152, Section 152.037 (Permitted Conditional Uses R -1 Single Family
District)
Because most (with the exception of the R -IA District) of the residential districts allow
"churches" as a permitted conditional use, the language used in the specific district needs to be
modified to match the term(s) used in the definitions section (Title XV, Chapter 152, Section
152.008).
The text below is the existing language in the City Code
Within an R- 1District, the following uses are permitted only if conditional use permit has been
issued for that use by the City Council:
(A) Churches, temples, or synagogues and their supporting homes, convents, or rectories;
(B) Essential service structures, including, but not limited to, buildings such as telephone
exchange substations, booster or pressure regular stations, wells and pumping stations,
elevated tanks and electrical power substations; and
(C) City buildings including fire and police stations and other municipal service buildings not
considered industrial
Staff recommends changing the language (noted in italics) to be consistent with the new
definition section to read as follows:
Within an R- 1District, the following uses are permitted only if a conditional use permit has been
issued for that use by the City Council:
(A) Religious Institution /Place of Worship
(B) Essential service stations, including, but not limited to, buildings such as telephone exchange
substations, booster or pressure regular stations; wells and pumping stations, elevated tanks
and electrical power substations; and
(C) City buildings including fire and police stations and other municipal service buildings not
considered industrial
3. Title XV, Chapter 152, Section 152.039 (Dimensional Regulations R -1 Single Family
District)
The R -1 District also includes dimensional requirements that reference "churches ". The language
used in this section also needs to be modified in order to be consistent with the new definitions
(Title XV, Chapter 152, Section 152.008).
The text below is the existing language in the City Code:
DIMENSIONAL REGULATIONS.
(A) Height. No dwelling may exceed 25 feet in height or contain more than 2 stories.
(B) Area and width. No dwelling may be constructed or placed on an interior lot of less than
9,000 square feet, or less than 75 feet in width at the building setback line, or a corner of less
than 11,000 square feet or less than 90 feet in width at the building setback line.
July 10, 2012
Page 5
(C) Floor area ratio. The floor area ratio within the R -1 district may not exceed 0.3.
(D) Minimum floor area.
(1) Each dwelling must contain the following minimum floor areas on the first floor:
1 -story dwellings
1,000 square feet
1 -1/2 -story dwellings
900 square feet
2 -story dwellings
750 square feet
(2) In split level dwellings which have finished rooms on the lowest level in compliance with
the State Building Code, the area of those rooms will be included in the first floor area
minimums.
(E) Front yard. 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 2 adjacent lots.
(F) Side yards. Dwellings must have 2 side yards the combined width of which is at least 15 feet,
and each side yard must be at least 5 feet wide. A side yard adjacent to a street must be at
least 30 feet wide.
(G) Rear yard. The rear yard must have a depth equal to the greater of 20% of the depth of the
entire lot or 25 feet.
(H) Lot coverage. The lot coverage for residential structures on lots with an area of 9,000 square
feet and above may not exceed 35 %. The lot coverage for residential structures on lots with
an area less than 9,000 square feet, may not exceed 40 %.
(I) Building to land ratio. The building to land ratio for the following permitted and permitted
conditional uses may not exceed 35 %:
(1) Public schools, and private schools or parochial schools which have an approved
curriculum equivalent to a public school;
(2) Publically owned recreational facilities, including parks, play grounds, swimming pools
and athletic fields;
(3) Churches, temples, or synagogues and their supporting homes, convents, or rectories;
(4) Essential service structures, including, but not limited to, buildings such as telephone
exchange substations, booster or pressure regular stations, wells and pumping stations,
elevated tanks and electrical power substations; and
(5) City buildings including fire and police stations and other municipal service buildings not
considered industrial
(J) General regulations. Property in the R -1 District is also subject to the provisions of §§
152.175 through 152.186.
(1993 Code, § 1615.05) Penalty, see § 10.00
July 10, 2012
Page 6
Staff recommends changing the language (noted in italics) to be consistent with the new
definition section to read as follows:
DIMENSIONAL REGULATIONS.
(A) Height. No dwelling may exceed 25 feet in height or contain more than 2 stories.
(B) Area and width. No dwelling may be constructed or placed on an interior lot of less than
9,000 square feet, or less than 75 feet in width at the building setback line, or a corner of less
than 11,000 square feet or less than 90 feet in width at the building setback line.
(C) Floor area ratio. The floor area ratio within the R -1 district may not exceed 03.
(D) Minimum floor area.
(1) Each dwelling must contain the following minimum floor areas on the first floor:
1 -story dwellings
1,000 square feet
1 -1/2 -story dwellings
900 square feet
2 -story dwellings
750 square feet
(2) In split level dwellings which have finished rooms on the lowest level in compliance with
the State Building Code, the area of those rooms will be included in the first floor area
minimums.
(E) Front yard. 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 2 adjacent lots.
(F) Side yards. Dwellings must have 2 side yards the combined width of which is at least 15 feet,
and each side yard must be at least 5 feet wide. A side yard adjacent to a street must be at
least 30 feet wide.
(G) Rear yard. The rear yard must have a depth equal to the greater of 20% of the depth of the
entire lot or 25 feet.
(H) Lot coverage. The lot coverage for residential structures on lots with an area of 9,000 square
feet and above may not exceed 35 %. The lot coverage for residential structures on lots with
an area less than 9,000 square feet, may not exceed 40 %.
(1) Building to land ratio. The building to land ratio for the following permitted and permitted
conditional uses may not exceed 35 %:
(1) Public schools, and private schools or parochial schools which have an approved
curriculum equivalent to a public school;
(2) Publically owned recreational facilities, including parks, play grounds, swimming pools
and athletic fields;
(3) Religious Institution/Place of Worship;
(4) Essential service structures, including, but not limited to, buildings such as telephone
exchange substations, booster or pressure regular stations, wells and pumping stations,
elevated tanks and electrical power substations; and
July 10, 2012
Page 7
(5) City buildings including fire and police stations and other municipal service buildings not
considered industrial
(J) General regulations. Property in the R -1 District is also subject to the provisions of §§
152.175 through 152.186.
(1993 Code, § 1615.05) Penalty, see § 10.00
4. Title XV, Chapter 152, Sections 152.067,152.087 and 152.102 (Permitted Conditional Uses
R -2, R -3 and R -4 Districts)
No changes are needed. This section refers back to the regulations outlined in the R -1 Single
Family District.
5. Title XV, Chapter 152, Section 152.069 (Dimensional Regulations R -2 Two- Family District)
This section does not address building to land ratios. It does address impervious surface; a
maximum of 35 percent regardless of permitted or conditionally permitted use. The impervious
surface restriction is actually stricter than the lot coverage. Staff is not recommending any
changes at this time.
6. Title XV, Chapter 152, Sections 152.089 and 152.104 (Dimensional Regulations R -3 and R-
4)
This section does not address building to land ratios. It does address impervious surface; a
maximum of 50 percent is allowed. Staff is not recommending any changes at this time.
7. Title XV, Chapter 152, Section 152.122 (Permitted Conditional Uses C General Commercial
District)
This section of the City Code allows "Assembly, lodge or convention halls" as a permitted
conditional use. The language in in this district needs to be modified to match the term(s) used in
the definition section (Title XV, Chapter 152, Section 152.008).
The text below is the existing language in the City Code:
The following uses are permitted in the C District only by conditional use permit issued by the
City Council:
(A) Sexually- oriented businesses which comply with the requirements of Chapter 110;
(B) A use permitted under § 152.121 except for the fact that is has a drive - through facility;
(C) Assembly, lodge or convention halls;
(D) Auto repair which includes no storage of autos for parts;
(E) Bus stations of the Metropolitan Transit Operations;
(F) Car washes;
(G) Gasoline station;
(H) Liquor stores and lounges;
(I) Motels;
(J) Video tape sales and rentals;
July 10, 2012
Page 8
(K) Body tanning salons;
(L) Establishments primarily for the sale of beverages for consumption on the premises;
(M) Bowling alleys;
(N) Health clubs;
(0) Pool or billiard halls;
(P) Restaurants, cafeterias and delicatessens located less than 250 feet from a residential
structure or district;
(Q) Theaters;
(R) Establishments having more than 3 amusement devices as defined in § 111.025;
(S) Motorcycle sales and accessories;
(T) Hardware and building material supply store with outdoor lumber yard, where the lumber
yard is screened in a manner approved by the City Council, and the hardware and building
material supply store building contains at least 30,000 square feet of space;
(U) Laboratories for medical research and testing (except research and testing which uses
animals) that provide services to health care providers;
(V) Computer research and program development;
(W)Pawnbroker businesses which comply with the requirements of §§ 111.285 through 111.302;
(X) Secondhand dealers that comply with the requirements of §§ 111.250 through 111.273; and
(Y) Adult day -care centers, licensed under M.S. Chapter 245A, as it may be amended from time
to time, and Minn. Rules, sections 9555.9600 through 9555.9730.
(1993 Code, § 1635.03)
Staff recommends changing the language (noted in italics) to be consistent with the new
definition section to read as follows:
The following uses are permitted in the C District only by conditional use permit issued by the
City Council:
(A) Sexually- oriented businesses which comply with the requirements of Chapter 110;
(B) A use permitted under § 152.121 except for the fact that is has a drive - through facility;
-(C) Assembly, club or lodge;
(D) Auto repair which includes no storage of autos for parts;
(E) Bus stations of the Metropolitan Transit Operations;
July 10, 2012
Page 9
(F) Car washes;
(G) Gasoline station;
(H) Liquor stores and lounges;
(I) Motels;
(J) Video tape sales and rentals;
(K) Body tanning salons;
(L) Establishments primarily for the sale of beverages for consumption on the premises;
(M) Bowling alleys;
(N) Health clubs;
(0) Pool or billiard halls;
(P) Restaurants, cafeterias and delicatessens located less than 250 feet from a residential
structure or district;
(Q) Theaters;
(R) Establishments having more than 3 amusement devices as defined in § 11 1.025;
(S) Motorcycle sales and accessories;
(T) Hardware and building material supply store with outdoor lumber yard, where the lumber
yard is screened in a manner approved by the City Council, and the hardware and building
material supply store building contains at least 30,000 square feet of space;
(U) Laboratories for medical research and testing (except research and testing which uses
animals) that provide services to health care providers;
(V) Computer research and program development;
(W)Pawnbroker businesses which comply with the requirements of §§ 111.285 through 111.302;
(X) Secondhand dealers that comply with the requirements of §§ 111.250 through 111.273; and
(Y) Adult day -care centers, licensed under M.S. Chapter 245A, as it may be amended from time
to time, and Minn. Rules, sections 9555.9600 through 9555.9730.
(1993 Code, § 1635.03)
Staff recommends eliminating the term convention hall from the text. The definition of club and
lodge cover the intent behind the term convention hall.
July 10, 2012
Page 10
8. Title XV, Chapter 152, Section 152.142 (Permitted Conditional Uses LI Light Industrial
District)
This section of the City Code needs to be modified to reflect the direction provided by the
Planning Commission and the City Council to remove assembly, meeting lodge, or convention
halls from as a permitted conditional use. The current text reads as follows:
The following uses are permitted in an LI District only by a conditional use permit issued by the
City Council:
(A) Drug, cosmetic, pharmaceutical, and toiletries manufacture;
(B) Canning or bottling other than malt products;
(C) Enameling, painting, varnishing, lacquering, and japanning;
(D) Freight terminals;
(E) Meat packing which does not include the slaughtering of any kind of animal;
(F) Steel or metal goods manufacturing processes, not involving blast furnace processes;
(G) Assembly, meeting lodge, or convention halls;
(H) Catering operations and in -house cafeterias not intended for retail or public use;
(I) Day -care center without drive - through facilities.
(1993 Code, § 1640.03) (Am. Ord. 2011 -004, passed 6 -28 -2011)
Staff recommends eliminating references to assembly, meeting lodge or convention hall (noted in
stFikethreugh text) and relettering the remaining permitted conditional uses (noted in italics).
Staff recommends the following text to replace what is currently in the City Code:
The following uses are permitted in an LI District only by a conditional use permit issued by the
City Council:
(A) Drug, cosmetic, pharmaceutical, and toiletries manufacture;
(B) Canning or bottling other than malt products;
(C) Enameling, painting, varnishing, lacquering, and japanning;
(D) Freight terminals;
(E) Meat packing which does not include the slaughtering of any kind of animal;
(F) Steel or metal goods manufacturing processes, not involving blast furnace processes;
halls; (G) Assembly, meeting WgO, OF e0fiVeRtieft
(14) (G) Catering operations and in -house cafeterias not intended for retail or public use:
(1) (H) Day -care center without drive - through facilities.
July 10, 2012
Page 11
(1993 Code, § 1640.03) (Am. Ord. 2011 -004, passed 6 -28 -2011)
9. Title IX (General Regulations), Chapter 93 (Parks and Recreation), Section 93.01
(Definitions)
Title IX of the City Code governs the use of land designated as a park, bathing beach, or
recreational area owned, leased, or used by the city and designated by the City Council as a park.
In the rules governing the use it indicates that permits are required for certain activities. One of
the activities that require a permit is a public assembly.
The definition section does not define public assembly. Staff recommends updating the definition
section to clarify public assembly versus the use of assembly as it is used in context of the land
use districts. Staff is proposing the following definition:
Public assembly: The concourse or meeting together of a number ofpersons at the same place.
The event is of a limited duration.
The current text reads as follows:
§ 93.01 DEFINITION
For the purposes of this chapter, the following definition shall apply unless the context clear
indicates or requires a different meaning.
Parks. A park, bathing beach, or recreational area owned, leased or used by this city and
designated by the City Council as a park.
Staff recommends changing the language (noted in italics) to update this section:
§ 93.01 DEFINITION
For the purposes of this chapter, the following definition definitions shall apply unless the context
clear indicates or requires a different meaning.
Parks. A park, bathing beach, or recreational area owned, leased or used by this city and
designated by the City Council as a park.
Public Assembly. The concourse or meeting together of a number ofpersons at the same place.
The event is of a limited duration.
DISCUSSION
The revised definitions and changes to the City Code are intended to show that there is a clear intent for
various land uses allowed in residential, commercial and industrial districts. By removing all assemblies
from the Light Industrial District and allowing all assemblies (secular and religious) in the Commercial
District, the City Code should also be in compliance with the Religious Land Use and Institutionalized
Persons Act (RLUIPA).
Staff proposes a discussion of the proposed changes to the City Code to ensure that the direction provided
by the Planning Commission and City Council regarding Option #3 is consistent with what staff has
outlined above.
July 10, 2012
Page 12
Feedback on definitions and other revisions will be used at the next meeting as part of the ordinance
update. Staff will consult with the City Attorney to ensure that proposed changes are consistent with the
direction provided by the Planning Commission and City Council and to ensure that the proposed
modifications are consistent with federal law.
ACTION
No formal action is required. The purpose is discussion and feedback.
ATTACHMENTS
Exhibit A: Study on the regulation of assemblies, meeting lodges and convention halls
EXHIBT A
A STUDY FOR THE PURPOSE OF CONSIDERING
AMENDMENTS TO THE CITY ZONING CODE
REGARDING THE REGULATION OF ASSEMBLIES,
MEETING LODGES, AND CONVENTION HALLS
Conducted By
THE CITY STAFF OF THE CITY OF SAINT ANTHONY VILLAGE, MINNESOTA
May 2012
TABLE OF CONTENTS
1.0 EXECUTIVE SUMMARY,
2.0 PURPOSE OF STUDY .................................................................................................... ..............................3
3.0 ANALYSIS OF CITY OF SAINT ANTHONY VILLAGE ZONING CODE ................. ..............................3
3.1
CITY OF SAINT ANTHONY VILLAGE ZONING CODE: INTENT, PURPOSE, AND INTERPRETATION ..................3
3.2
CITY OF SAINT ANTHONY VILLAGE ZONING DISTRICTS ............................................... ..............................4
3.3
ANALYSIS OF COMMERCIAL ZONING DISTRICT ............................................................. ..............................7
3.4
ANALYSIS OF LIGHT INDUSTRIAL ZONING DISTRICT ..................................................... ..............................7
3.5
INTERPRETATION OF ZONING CODE LANGUAGE PERTAINING TO "CHURCHES" OR "ASSEMBLIES " .............8
3.6
MAP: CITY OF SAINT ANTHONY VILLAGE ZONING DISTRI CTS .................................. ...............................
10
3.7
TABLE: CITY OF SAINT ANTHONY VILLAGE ZONING DISTRICTS (ACREAGE AND PERCENTAGE OF TOTAL
LANDUSE)
............................................................................................................................... ...............................
1 I
4.0 BACKGROUND INFORMATION ................................................................................ .............................11
4.1 RECENT APPLICATIONS FOR RELIGIOUS ASSEMBLY USE IN LIGHT INDUSTRIAL ZONING DISTRICT.......... 11
4.2 RESOLUTION ADOPTING STUDY ................................................................................. ............................... 13
4.3 INTERIM ORDINANCE ( MORATORIUM) ....................................................................... ............................... 13
5.0 LEGAL FRAMEWORK .................................................................................................. .............................13
6.0 POSSIBLE OPTIONS FOR THE CITY ........................................................................ .............................14
6.1 OPTION #1: CHANGE TERMS OR CLARIFY DEFINITIONS ........................................... ............................... 14
6.2 OPTION #2: ALLOW FOR ALL RELIGIOUS AND NON - RELIGIOUS ASSEMBLIES IN LIGHT INDUSTRIAL AND
COMMERCIAL ZONING DISTRICTS BUT LIMIT THE SIZE OR SCOPE OF THE USE ........................ ............................... 20
6.3 OPTION #3: ALLOW ALL "ASSEMBLY" USE WITHIN COMMERCIAL ZONING DISTRICT; ELIMINATE ALL
"ASSEMBLY" USE (I.E., RELIGIOUS AND NON - RELIGIOUS) FROM LIGHT INDUSTRIAL ZONING DISTRICT ............... 22
7.0 NONCONFORMING USES ........................................................................................... .............................24
7.1 MINNESOTA STATE LAW: NONCONFORMING USES .................................................... ............................... 24
7.2 SAINT ANTHONY ZONING CODE: NONCONFORMING USES ......................................... ............................... 25
7.3 NONCONFORMING USE ANALYSIS ............................................................................. ............................... 25
8.0 CONCLUSION ................................................................................................................ .............................25
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1.0 EXECUTIVE SUMMARY
The City of Saint Anthony Village, Minnesota (the "City ") is divided into nine zoning
districts. Five of the zoning districts are residential districts, one is a commercial district, one is
a light industrial district, one is a planned use development ( "PUD ") district, and one is a
recreation/open space district. The PUD zoning district consists of both residential and
commercial use. All of the zoning districts together comprise 1,231.53 total acres of land.
The commercial and light industrial zoning districts are limited in size in relation to the
City's land area as a whole. However, these districts represent the primary job creating and non-
residential tax base portions of the City. Approximately 6.04 percent of the City's total land is
devoted to commercial use. The commercial zoning district itself comprises approximately 2.43
percent of the City's land area, and approximately 2/3 of the PUD district is also devoted to
commercial use, which increases the total commercial land use in the City to 6.04 percent.
Approximately 4.99 percent of the City's total land is devoted to light industrial use, all of it
exclusively located within the light industrial zoning district itself. Because the City has little of
its space devoted to, and available for, commercial or light industrial use, it is important that the
City properly determines what types of permitted or conditional uses may exist within these
valuable zoning districts.
The City has recently received two separate applications for conditional use permits
( "CUP ") for the use of religious assembly within the light industrial zoning district. The City
Council denied the first of these applications in October 2011 based on its belief that a place of
worship generally does not belong within a light industrial zoning district according to the
zoning district's intended uses related to economic development and job growth. The City
received another such application in February 2012 that is similar in many regards (i.e., the
applicant desires to convert a business center within the light industrial zoning district into a
place of religious assembly).
On March 13, 2012, the City adopted an interim ordinance as authorized by Minnesota
Statutes section 462.355(4). This interim ordinance would generally be effective for one year,
but the City Council is scheduled to act on this particular interim ordinance by June 12, 2012, the
same date on which a decision regarding the pending CUP application would have to be made
under Minnesota Statutes section 15.99. The ordinance places a moratorium on CUPS for places
of assembly within light industrial or commercial zoning districts until the City conducts a study
to interpret certain language pertaining to "assemblies, meeting lodges, and convention halls"
within the City's Zoning Code and to determine whether it is necessary to amend the Zoning
Code to clarify its intended meaning (the "Moratorium ").
Because of the City's recent interest from applicants in using property within the light
industrial zoning district for purposes of "religious assembly," and the lack of uncertainty within
the City's Zoning Code and under federal law related to whether any type of assembly may exist
within the City's light industrial zoning district, the City felt the need to impose the Moratorium
and conduct this study (the "Study ").
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The goals of the Study are as follows:
➢ Determine the City's intended meaning of "assembly" within the Zoning Code;
➢ Determine whether the City intended religious assemblies to exist as conditional uses
within commercial and light industrial zoning districts;
➢ Ensure that any amendments to the City Zoning Code do not conflict with the City's
intent in planning for property use within its commercial and light industrial zoning
districts;
➢ Ensure that, if amended, the Zoning Code is improved in regards to consistency and
clarity with respect to the use of "assemblies ";
➢ Ensure that the Zoning Code is consistent with federal law; and
➢ Respect the current applicant's interests in receiving a reasonable and timely decision
regarding the pending application.
The Zoning Code exists in Chapter 152 of the City Code. It contains an "intent and
purpose" and defines and describes nine separate zoning districts in which certain uses may
occur as "permitted uses" or "conditional uses." Each zoning district has a stated purpose as
contemplated by the underlying planning goals of the City. "Churches, synagogues, and
temples" are allowed within certain residential districts. "Assemblies, meeting lodges, and
convention halls" are allowed within commercial and light industrial districts. These distinct
terms have distinct and separate intended meanings. The Zoning Code arguably prohibits places
of worship within non - residential districts because the use of a religious assembly does not fit the
type of assembly use allowed within the Zoning Code.
To increase clarity and consistency on valuable industrial and commercial uses within the
Zoning Code, the City Council should amend the Zoning Code. The City should do so in a
manner that conforms to the original intent of the City's zoning plan. This is possible by taking
one of the approaches suggested within this Study.
This Study describes three potential options for the City in amending its Zoning Code:
Option #1 suggests clarifying or defining terms related to "assembly" and "church" use
under the Zoning Code. This option would solve problems concerning clarity and
consistency but may not, by itself, create a sufficient distinction between the two terms.
Option #2 suggests allowing all types of assembly use within light industrial and
commercial zoning districts while simultaneously amending the Zoning Code to clarify
the associated definitions or terms. This option additionally would establish limitations
on assembly use related to the size or scope of the use. This option would help maintain
the economic and development goals associated with the light industrial and commercial
zoning districts but allow for a compromise for religious and secular assemblies
interested in locating within these areas of the City.
• Option #3 suggests allowing all assembly use (i.e., religious and non - religious) within
the commercial zoning district and eliminating all "assembly" use from the light
industrial zoning district. This option would provide a reasonable alternative to
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applicants seeking places for assembly within the City and work to treat assemblies
equally within the specific zoning districts. This option would also fully preserve the
limited land within the light industrial zoning district as an area of the City devoted
specifically to industry- oriented development, job creation, and economic growth, and
thus meet the City's general planning goals.
Overall, Option #3 seems to represent the most appropriate course of action for the
Cam. The complete Study, including the basis for this final recommendation, follows in the
sections below.
2.0 PURPOSE OFSTUDY
The goals of the Study are as follows:
➢ Determine the City's intended meaning of "assembly" within the Zoning Code;
➢ Determine whether the City intended religious assemblies to exist as conditional uses
within commercial and light industrial zoning districts;
➢ Ensure that any amendments to the City Zoning Code do not conflict with the City's
intent in planning for property use within its commercial and light industrial zoning
districts;
➢ Ensure that, if amended, the Zoning Code is improved in regards to consistency and
clarity with respect to the use of "assemblies";
➢ Ensure that the Zoning Code is consistent with federal law; and
➢ Respect the current applicant's interests in receiving a reasonable and timely decision
regarding the pending application.
3.0 ANALYSIS OF CITY OFSAINTANTHONY VILLAGE ZONING CODE
This section provides general information regarding the Zoning Code, the particular
zoning districts regulated within the Zoning Code, and the reasonable interpretation of Zoning
Code language pertaining to "assemblies, meeting lodges, or convention halls." A map showing
the general zoning districts of the City is included in Section 3.6.
3.1 City of Saint Anthony Village Zoning Code: Intent, Purpose, and Interpretation
The City's Zoning Code is located in Chapter 152 of the City Code. In interpreting and
applying the Zoning Code to zoning decisions, the City considers the intent and purposes of the
Zoning Code. City Code § 152.004.
The general intent of the Zoning Code is "to protect the health, safety, and general
welfare of the city and its people through the establishment of minimum regulations governing
land development and use." City Code § 152.002.
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The Zoning Code has nine stated purposes for its establishment:
1) Protect the use districts;
2) Promote orderly development and redevelopment;
3) Provide adequate light, air, and access to property;
4) Prevent congestion in the public streets;
5) Prevent overcrowding of land and undue concentration of structures by regulating
land, buildings, yards, and densities;
6) Provide for compatibility of different land uses;
7) Provide for administration and amendment of the zoning code;
8) Prescribe penalties for violations; and
9) Define the powers and duties of the city staff, the Board of Adjustments and Appeals,
the Planning Commission, and the City Council in relation to the zoning code.
City Code § 152.002.
"If a use is not specifically permitted, permitted by conditional use permit, or prohibited,
the use will be considered prohibited." City Code § 152.006.
3.2 City of Saint Anthony Village Zoning Districts
The City is divided into nine zoning districts (five residential, one commercial, one light
industrial, one PUD, and one recreation/open space). The residential zoning districts together
occupy the majority of the City, and the commercial and light industrial zoning districts occupy a
small percentage of the City.
• Approximately 53.2 percent of the City is devoted to residential use. The five
residential zoning districts by themselves amount to 51.4 percent of the City's
land, and approximately 1/3 of the PUD district is also devoted to residential use,
which increases the total residential land use in the City to 53.2 percent.
• Approximately 6.04 percent of the City is devoted to commercial use. The
commercial zoning district itself comprises approximately 2.43 percent of the
City's land, and approximately 2/3 of the PUD district is also devoted to
commercial use, which increases the total commercial land use in the City to 6.04
percent.
• Approximately 4.99 percent of the City is devoted to light industrial use, all of it
exclusively located within the City's light industrial zoning district.
• Section 3.7 provides a table of data showing the acreage and percentage of total
land use for each of the City's zoning districts.
Because the City has little of its space devoted to, and available for, commercial or light
industrial use, it is important that the City properly determines what types of permitted or
conditional uses may exist within these valuable zoning districts.
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The zoning districts allow for permitted uses and conditional uses. A permitted use is
"[a] use expressly authorized by the zoning code for a particular district or districts." City Code
§ 152.008 (Zoning Code definitions section). A conditional use is "[a] use which is not
classified as a permitted use but which may be permitted subject to conditions imposed by the
City Council." Id.
Each zoning district has a specifically stated purpose. Besides having different planning
goals and intentions, the zoning districts also differ in their allowance of certain types of
religious or secular "assemblies." The purposes and differences pertaining to allowed uses for
religious assemblies for the zoning districts are listed below:
R -1 Single- Family District
Purpose: "to create and maintain areas which due to the natural amenities of the land,
low traffic volumes, and historical development patterns are best suited for single - family
detached residences." City Code § 152.035.
The R -1 District allows for a permitted conditional use of "Churches, temples, or
synagogues and their supporting homes, convents, or rectories." City Code § 152.037. The
building -to -land ratio for this use may not exceed 35 %. See id. § 152.039(I)(3).
R -1A Single - Family Lakeshore District
Purpose: "to create and maintain lakeshore areas for single - family detached residences
which, due to the natural amenity of the lake, and the topographic characteristics, call for zoning
regulations which are somewhat different from other single - family districts and which are
designed for the preservation of natural areas." City Code § 152.050.
The R -1 A District does not allow for any type of use for places of worship or for any type
of secular assembly use.
R -2 Two - Family District
Purpose: "to provide areas which are best suited for a higher density than single - family
dwellings, and which may serve as a transitional use between R -1 or R -IA Districts and other
districts." City Code § 152.065.
The R -2 District allows for the same permitted conditional uses as those allowed within
the R -1 District. This includes "Churches, temples, or synagogues and their supporting homes,
convents, or rectories." City Code § 152.067 (citing id. § 152.037).
R -3 Townhouse District
Purpose: "to provide areas where the natural amenities such as trees, hills and bodies of
water are preserved by encouraging development of medium density housing surrounded by
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common open space, which may serve as a transitional use between less dense residential
districts and other districts, and which provide for alternatives to 1- and 2- family detached
dwellings." City Code § 152.085.
The R -3 District allows for the permitted conditional uses of "Churches, temples, or
synagogues and their supporting homes, convents, or rectories" by reference to the allowed uses
in the R -1 and R -2 Districts. See City Code § 152.087.
R -4 Multiple- Family District
Purpose: "to provide areas for housing other than 1- and 2- family dwellings and
townhouses, and which may serve as a transitional use between less dense residential uses and
nonresidential uses." City Code § 152.100.
The R -4 District allows for the permitted conditional uses of "Churches, temples, or
synagogues and their supporting homes, convents, or rectories" by reference to the allowed uses
in the R -1, R -2, and R -3 Districts. See City Code § 152.102.
C General Commercial District
Purpose: "to provide areas for retail sales and services located and regulated so as to
minimize adverse effects on neighboring residential districts and congestion of public streets."
City Code § 152.120.
The C District allows for the permitted conditional use of "Assembly, lodge or
convention halls." City Code § 152.122. The C District does not specifically permit places of
worship, churches, or religious assembly of any kind.
LI Light Industrial District
Purpose: "to designate areas for, and regulate the development of, light industry. Areas
are designated as light industrial due to the proximity of high capacity roadways or rail facilities
and existing development, and regulated to enhance the compatibility of light industrial uses and
uses within the commercial and residential districts." City Code § 152.140.
The LI District allows for the permitted conditional use of "Assembly, meeting lodge, or
convention halls." City Code § 152.142. The LI District does not specifically permit places of
worship, churches, or religious assembly of any kind.
RIO Recreational /Open Space District
Purpose: "to regulate development in those areas which have significant natural amenities
such as trees, terrain, and water resources, and to regulate development for recreational purposes
in areas which have significant public or private recreational potential." City Code § 152.155.
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The R/O District does not allow for any type of use for places of worship or for any type
of secular assembly use.
PUD Planned Unit Development District
A PUD is "[a] zoning district and development plan which may include single or mixed
uses, and 1 or more lots or parcels, and which is intended to create a more flexible, creative, and
efficient approach to the use of land." City Code § 152.201. Allowed uses within a PUD
typically may include only uses "generally considered associated with the general land use
category shown for the area on the official Comprehensive Land Use Plan." City Code §
152.203.
The PUD District would allow for certain types of assembly, depending on the land use
category for the area as articulated within the City's Comprehensive Land Use Plan.
Approximately 2/3 of the PUD District is currently zoned for commercial use, while the other
1/3 is zoned for residential use.
3.3 Analysis of Commercial Zoning District
The purpose of the City's commercial zoning district is "to provide areas for retail sales
and services located and regulated so as to minimize adverse effects on neighboring residential
districts and congestion of public streets." City Code § 152.120. The types of uses allowed
within this district are uses associated with business and commerce.
Section 152.121 of the Zoning Code lists over 70 permitted uses which exemplify types
of businesses or establishments engaging in or supporting commerce. Examples include a wide
variety of retail stores (e.g., appliance stores, clothing stores, jewelry stores, toy stores) and retail
service establishments (e.g., attorneys, bakeries, employment agency offices, health professional
offices, postal substations, veterinary clinics).
Section 152.122 of the Zoning Code lists 25 permitted conditional uses, which also are
businesses or establishments engaging in or supporting commerce. Examples include bus
stations, car washes, gasoline stations, motels, bowling alleys, and specific types of laboratories
for medical research and testing that provide services to health care providers.
Overall, the commercial zoning district occupies a small portion of the City. Areas of the
City zoned "commercial" primarily exist along Silver Lake Road in the northern part of the City
and along Kenzie Terrace in the southwest part of the City. Some commercial areas also exist on
the western boundary of the City south of 33rd Avenue Northeast., along 37th Avenue Northeast
adjacent to the Soo Line Railroad tracks, and north of 39th Avenue Northeast.
3.4 Analysis of Light Industrial Zoning District
The purpose of the City's light industrial zoning district is "to designate areas for, and
regulate the development of, light industry. Areas are designated as light industrial due to the
proximity of high capacity roadways or rail facilities and existing development, and regulated to
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enhance the compatibility of light industrial uses and uses within the commercial and residential
districts." City Code § 152.140.
Section 151.141 of the Zoning Code lists nine types of permitted uses, which include
many specific examples of uses devoted to light industry. Examples include manufacturing
industries; warehouses, wholesalers, or distributors of products; and offices devoted specifically
for administrative purposes, non - retail businesses, or certain types of contractors. Other
permitted uses include automotive service and repair and cleaning, laundering, and dry cleaning
facilities.
Section 152.142 of the Zoning Code lists nine types of permitted conditional uses, which
also are uses exemplifying or directly supporting light industry. Examples include drug,
cosmetic, pharmaceutical, and toiletries manufacture; enameling, painting, varnishing,
lacquering, and japanning; freight terminals; and meat packing that does not include animal
slaughtering.
Overall, the light industrial zoning district occupies a small portion of the City. Little
available space for light industrial use exists because of the limited amount of railways and high
capacity roadways. Areas of the City zoned "light industrial" primarily exist within two specific
areas: 1) along or near the Soo Line railroad in the northern part of the City and 2) north of the
Northern Pacific Railway in the southeast part of the City, including areas along U.S. Highway
88 and County Road C.
3.5 Interpretation of Zoning, Code Language Pertaining to "Churches" or "Assemblies"
The Zoning Code does not define churches, temples or synagogues, nor does it define
assembly, meeting lodge, or convention halls. The Zoning Code specifically allows for
churches, temples, or synagogues within certain residential zoning districts. The Zoning Code
specifically allows for assemblies, meeting lodges, or convention halls within the commercial
and light industrial zoning districts. This Study finds that a difference exists between the City's
intended meaning of "churches, temples or synagogues" and "assemblies, lodges, or convention
halls."
A reasonable interpretation of "churches, temples or synagogues" is that this term
suggests a place of worship (or "religious" assembly) generally. This language does not exclude
any specific religion; denomination; or religious, spiritual, or philosophical viewpoint. Instead,
this provision is inclusive of diverse types of worship and allows for such uses within the
residential districts of the City.
A reasonable interpretation of "assemblies, meeting lodges, or convention halls" is that
this term suggests a place of secular assembly with a commercial or industrial purpose.
Examples might include certain membership organizations affiliated with business or industry
located within the commercial or light industrial zoning districts of the City. This language does
not exclude any type of secular assembly. However, this provision excludes "religious
assembly" or places of worship because "churches, temples, or synagogues" are specifically
listed as a separate and distinct use.
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A slight difference exists between the "assembly" language within the commercial and
light industrial zoning districts —commercial districts allow for conditional uses of "lodges"
while industrial districts allow for conditional uses of "meeting lodges." These two terms share
the same meaning. There is no evidence that the City intended any difference between the
commercial and light industrial zoning districts in regard to "assemblies" under a plain reading
of the Zoning Code.
Overall, "churches, temples, or synagogues" constitute separate types of uses from
"assemblies, lodges, or convention halls." This is especially apparent when assessing the
specific purposes for each zoning district. In general, places of worship align better with certain
residential districts, while places of secular assembly align better with commercial or industrial
districts. This makes sense in the context of economic development, as industrial districts, for
example, are generally areas in which a city should expect to create opportunities for jobs and
economic growth. Places of secular assembly, such as meeting lodges for certain business or
industrial organizations or union groups, naturally align to the commercial and industrial
districts. Residential districts, on the other hand, are places in which people can engage in
personal or social activities outside of work. Places of worship naturally align with residential
districts.
Because the City has little of its space devoted to or available for commercial or light
industrial use, it is important that the City properly determines what types of assembly, if any,
may exist within these zoning districts. The City has devoted most of its land to residential use,
which besides areas bordering Silver Lake, allows for places of religious assembly. The limited
areas that the City has devoted to commercial and light industrial use, and that are available for
such uses given the City's development patterns and transportation infrastructure access, suggest
that the City should consider closely whether to expand the types of uses within these districts.
The City is interested in promoting economic development and job growth and has devoted two
specific zoning districts to those planning goals. The current fragile state of the economy—
especially in the state of Minnesota —makes it even more crucial for the City Council to make
sound zoning decisions based on what is the best available option for the future of the City as a
whole given the City's fully developed nature.
Therefore, as a general rule, the City Code as it stands should not permit CUPS for places
of worship in commercial or industrial districts but allow them for R -1, R -2, R -3, and R -4
residential districts. Conversely, the City Code should not permit CUPS for places of secular
assembly in all residential districts but allow as conditional uses for such uses within commercial
and industrial districts so long as those uses support the planning goals of the respective zoning
districts.
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3.6 MAP: City of Saint Anthony Village Zoning Districts
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3.7 TABLE: City of Saint Anthony a Zoning Districts (Acreage and Percentage of
Total Land Use).
City of Saint Anthony Village Zoning Districts
Acreage and Percentage of Total Land Use
Zoning District
Acreage
Percentage
Rl — Single Family Residential
503.81
40.91%
R1A — Single Family Residential
32.04
2.60%
R2 — Two Family Residential
15.90
1.29%
R3 — Townhomes
25.19
2.05%
R4 — Multiple Dwellings
56.41
14.58%
Total Residential Rl, R1A, R2, R3, R4
632.95
151.40%
Total Residential Above + PUD- Residential
1655.19
153.20%
Ll — Light Industrial
161.50
f 4.99%
C — Commercial
129.90
12.43%
Total Commercial (Above + PUD - Commercial
174.39
16.04%
PUD — Planned Unit Development
166.73
5.42%
PUD — commercial use (approx.
44.49 13.61%
PUD — residential use (approx.)
122.24 11.81%
R/OS — Recreation/Open Space j 440.05 135.73%
TOTAL 11231.53
100.00%
4.0 BACKGROUND INFORMATION
It is important to understand the current context within which this Study operates. This
Study therefore provides background information regarding two recent applications for the use of
religious assembly within the City's light industrial zoning district, as well as a general
description of the Moratorium and the Resolution that authorized this Study.
4.1 Recent Applications for Religious Assembly Use in Light Industrial Zoning District
Mountain of Fire Miracle Ministry of Minnesota -- Denied CUP Application (Oct. 2011)
On October 25, 2011, the City Council voted 4 to 1 to deny an application for a CUP for
the use of the Northgate Business Center as a place of assembly for members of the Mountain of
Fire Miracles Ministry, a Christian denomination based in Houston, Texas ( "Mountain of Fire').
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The building was to be used mostly on Sundays and some weeknights at times that would not
impact surrounding properties because they were not generally open for business on those days
and times. The Planning Commission recommended approval of the application, and the pastor
of Mountain of Fire secured agreements with neighbors of Northgate Business Center regarding
potential overflow parking.
At its October 25 meeting, besides raising general questions about parking and the
building sprinklers, the City Council had more significant concerns about the potential growth of
the religious group and its impact on the light industrial zoning district. Specifically, council
members stated that they did not believe "a light industrial area is a good place for a church" and
that "a residential area would be more appropriate." The underlying concern was based on the
state of the economy. Members of the City Council felt that the light industrial zoning district
was a district intended to attract jobs and economic growth. Although the space sought by
Mountain of Fire was currently vacant, the City Council felt that if the economy improved, an
actual light industrial business may desire to occupy the location. Mayor Jerome Faust, in
particular, stated that this use would not be a compatible use for future planning.
The discussion ended with a denial of the CUP application on a vote of 4 to 1. Only one
council member believed that Mountain of Fire's proposed use constituted an "assembly" under
the Zoning Code. The other four believed that Mountain of Fire's proposed use did not fit the
economic development and general planning goals of the City.
Abu - Huraira Islamic Center -- Pending CUP Application (Feb. 2012)
On February 14, 2012, Muxamedrashid Ali submitted an application for a CUP to the
City seeking a permitted conditional use of an "assembly" under sections 152.142(G) and
152.243 of the City Code (the "Application "). The Application describes the transformation of
part of the Saint Anthony Business Center (the "Business Center") into the Abu - Huraira Islamic
Center (the "Islamic Center").
The Business Center is located at 3055 Old Highway 8, St. Anthony, MN 55418 -2500.
The Business Center is located within a light industrial zoning district in- between Old Highway
8 and U.S. Highway 88.1 The Business Center consists of a three -story office building and a
south building with a basement. The Business Center comprises approximately 103,460 square
feet of space. A parking lot with 92 parking spaces is adjacent to the south building of the
Business Center, with another 237 parking spaces located adjacent to the three- storied building,
for a total of 329 parking spaces. The Business Center was formerly occupied by Medtronic
I The map depicting the "Pattern of Existing Land Use" for 2006 in Figure 2 -1 (page 2 -3) of the City's 2008
Comprehensive Plan incorrectly lists the lot on which the Business Center is located as "commercial retail" use.
However, the use that existed at the time of the 2006 survey was an office building and not a business "providing
retail trade or services for individuals or businesses." Page 2 -I6 of the Comprehensive Plan denotes that "office
buildings" correspond to the light industrial zoning district. The zoning map included with the Comprehensive Plan
correctly depicts the Business Center as existing within the light industrial zoning district. Bill Weber, consultant
for the 2008 Comprehensive Plan, confirmed with the City that the land use map on page 2 -3 is incorrect and the use
should have been marked "light industrial." The Business Center's current use continues to be for an office
building. The City should ensure that all uses are depicted accurately at the next update of the Comprehensive Plan
and might consider revising the current version to include the correct information prior to the next update.
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Inc., a large medical technology company with headquarters in the Twin Cities. The Business
Center is now rented to a number of tenants from a variety of industries as office space.
The Islamic Center has advised the City that it has a purchase agreement for the Business
Center and desires to occupy the lower level of the Business Center's south building. The
remainder of the Business Center is proposed to continue to run as "office tenant space" and
otherwise not change its character or occupancy use. Certain tenants in the Business Center have
leases that do not expire until 2015. The Islamic Center would not displace the Business
Center's current tenants, and the applicant, through his attorney, has stated that the only portion
of the building that will be tax - exempt will be the area covered by the CUP for the "assembly"
use. The applicant does not intend to expand the Business Center or otherwise make
improvements besides minor improvements to improve access for persons with disabilities and to
ensure that the sprinkler system is legally compliant.
The Islamic Center will be used for religious, cultural, and educational purposes. The
Islamic Center will be a place of worship, with certain religious ceremonies, such as prayer
hours, conducted every day. Special worship ceremonies will occur during Ramadan. The
Islamic Center will also be used for other types of cultural, educational, and religious activities.
4.2 Resolution Adopting Stud
On March 13, 2012, the City Council adopted a resolution authorizing a study regarding
regulation of assemblies, meeting lodges, and convention halls within commercial and light
industrial zoning districts (the "Resolution "). The Study is to be undertaken by the City staff in
conjunction with the Planning Commission for the purpose of considering amendments to the
Zoning Code regarding the regulation of assemblies, meeting lodges, and convention halls.
4.3 Interim Ordinance (Moratorium)
On March 13, 2012, the City Council approved an interim ordinance imposing a
moratorium on the issuance of CUPS for assemblies, meeting lodges, or convention halls within
commercial and light industrial zoning districts (the "Moratorium "). The Moratorium would
generally be effective for one year, but the City Council is scheduled to act on this particular
Moratorium by June 12, 2012 to coincide with the timeline for the City to make its land use
decision under Minnesota Statutes section 15.99.
5.0 LEGAL FRAMEWORK
As with all actions taken by the City, the City should consider the legal authority and
framework for the enactment of its ordinances. The City has been granted land use planning
authority by the Minnesota Legislature for a number of purposes, including "to promote the
"public health, safety, and general welfare." Minn. Stat. § 462.351. Minnesota Statutes section
462.351 acknowledges the necessity of wise planning decisions: "Municipal planning will assist
in developing lands more wisely to serve citizens more effectively, will make the provision of
public services less costly, and will achieve a more secure tax base." Section 473.851 likewise
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articulates that "there is a need for the adoption of coordinated plans, programs and controls by
all local governmental units in order to protect the health, safety and welfare of the residents of
the metropolitan area and to ensure coordinated, orderly, and economic development."
In addition to considering its statutory charges from the Minnesota Legislature, the City
must be cognizant of the federal Religious Land Use and Institutionalized Persons Act
( "RLUIPA ") before deciding how to amend its Zoning Code. See 42 U.S.C. § 2000cc. Under
RLUIPA, religious institutions must be treated as well as comparable secular institutions. The
"Equal Terms" provision of RLUIPA states that a municipality may not treat "a religious
assembly or institution on less than equal terms with a nonreligious assembly or institution." 42
U.S.C. § 2000cc(b)(1). RLUIPA is relatively unclear as to how "assembly" should be defined,
and it is even more uncertain within the state of Minnesota. In addition to the City's review of
its ordinance in relation to appropriate use of its limited industrial and commercial areas, the lack
of clarity in the ordinance was one reason for undertaking this Study.
Therefore, if the City Council chooses to amend its Zoning Code, besides ensuring that
the Zoning Code clearly reflects the intent of the City's zoning plan and best interests of the City
as a whole, the City Council should consider whether the amended code is sufficiently clear for
purposes of RLUIPA. Section 6.0 of this Study proposes three possible options for the City in
accomplishing both of these goals.
6.0 POSSIBLE OPTIONS FOR THE CITY
This section lists three possible options for the City to resolve issues surrounding the
issuance of CUPS for "assemblies, meeting lodges, or convention halls" within the City's light
industrial and commercial zoning districts. Option #3 would be most appropriate in
accomplishing the City's goals as stated within Section 2.0 of this Study. However, a
combination of these options might also work in maintaining the economic development goals of
the City and establishing clarity for purposes of RLUIPA.
6.1 OPTION #1: Change Terms or Clarify Definitions
Option #1 suggests clarifying or defining terms related to
"assembly" and "church" use under the Zoning
Code. This option would solve problems concerning
clarity and consistency but may not, by itself, create
a sufficient distinction between the two terms.
One option the City could pursue is to specifically define the terms "churches, temples, or
synagogues" and "assembly, meeting lodges, or convention halls." A number of other
Minnesota communities may offer some guidance within their own definitions of such terms.
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Definition of "Church " in Other Minnesota Communities
Several Minnesota communities define the term "church" within their zoning ordinances.
A number of communities limit themselves to the word "church" versus religious institution.
The following definitions of church are representative of what other communities are using:
a. Church/Religious Institution/Place of Worship: A tax- exempt building, together
with its accessory buildings and uses commonly associated with religious
institutions, where persons regularly assemble and use principally for religious
worship and which building, together with its accessory buildings and common
religious uses, is maintained and controlled by a religious body organized to
sustain public worship. (St. Charles)
b. Religious Institution: A building or campus in which worship, ceremonies, rituals
and education pertaining to a particular system of beliefs are held. Convents,
rectories, and the like, may be considered as part of a religious institution campus
if located on the same parcel. (Brooklyn Park)
c. Church: A building, together with its accessory buildings and uses, where
persons regularly assemble for religious worship and which building, together
with its accessory buildings and uses, is maintained and controlled by a religious
body organized to sustain public worship. (Lake Elmo)
d. Church or Synagogue: Includes the following: church, synagogue, rectory, parish
house or similar building incidental to the particular use which is maintained and
operated by an organized group of people for religious purposes. (Midway)
e. Church: A building or use of land in which persons regularly assemble for
religious worship and which shall be maintained and controlled by a religious
body organized to promote religious worship. (Greenfield)
f. Church: A building or edifice consecrated to religious worship, where people join
together in some form of public worship under the aegis and direction of a person
who is authorized under the laws of the State of Minnesota to solemnize
marriages. Camp meeting grounds, mikvahs, coffee houses, recreational
complexes, retreat houses, sleeping quarters for persons during spiritual retreats
extending for periods of more than one day, Bible camps with live -in quarters,
ritual slaughter houses, radio or television towers and transmission facilities,
theological seminaries, day care centers, hospitals and drug treatment centers are
not churches. A church as defined above may include living quarters for persons
employed on the premises of the church. (Lonsdale)
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g. Church: A building, together with its accessory buildings and use; where persons
regularly assemble for religious purposes and which building, together with its
accessory buildings and uses, is maintained and controlled by a religious body
organized to sustain religious ceremonies and purposes. (Wayzata)
h. Church or religious institution means a building, together with its accessory
buildings and uses, where persons regularly assemble for religious worship and
which building, together with its accessory buildings and uses, is maintained and
controlled by a religious body organized to sustain public worship, including, but
not limited to, churches, chapels, temples and synagogues. (Maple Grove)
i. Church - A building, together with its accessory buildings and uses, where
persons regularly assemble for religious worship and which building, together
with its accessory buildings and uses, is maintained and controlled by a religious
body organized to sustain public worship. (Medina)
j. Church or place of religious worship: an institution that people regularly attend to
participate in or hold religious services, meetings and other activities. The term
"church" shall not carry secular connotation and shall include buildings in which
religious services of any denomination are held. (Hopkins)
k. Church means a building, together with its accessory buildings and uses, where
people regularly assemble for religious worship and which building, for a
religious body is organized to sustain public worship that maintains and controls
the building, together with its accessory buildings and uses. (Woodbury)
1. Church means a building or edifice consecrated to religious worship, where
people join together in some form of public worship under the aegis and direction
of a person who is authorized under the laws of the State of Minnesota to
solemnize marriages. A church may include living quarters for persons employed
on the premises and classroom facilities. The following are not considered as
churches: camp meeting grounds, mikvahs, coffee houses, recreational
complexes, retreat homes, sleeping quarters for retreatants during spiritual retreats
extending for periods of more than one day. Bible camps with live -in quarters,
publishing establishments, ritual slaughterhouses, radio or television towers and
transmission facilities, theological seminaries, day care centers, hospitals, and
drug treatment centers are not churches. (Chanhassen)
Definition of "Assembly" in Other Minnesota Communities
No other Minnesota city ordinances were identified that define the word "assembly," as
used in the City of Saint Anthony Village's Zoning Code. Most ordinances define assemblies for
large gatherings of people held for entertainment and other special events and activities. A
number of ordinances define "clubs." Based on the associated uses with assembly as listed in the
Zoning Code (i.e., lodge or convention hall), and as discussed previously, it is likely that the
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City's intent for the term "assembly" was akin to a union hall or club use. The following
definitions of "club" are representative of how other communities use this term:
a. Club or Lodge, Private: An association of persons who are bona fide members
paying annual dues, which owns, hires or leases the building, property or a
portion thereof; the use of the premises being restricted to members and their
guests. It shall be permissible to serve food and meals on the premises, provided
adequate facilities are available. (Lonsdale)
b. Club: A non - profit association of persons who are bona fide members, paying
regular dues, and are organized for some common purpose, but not including a
group organized solely or primarily to render a service customarily carried on as a
commercial enterprise. (Austin)
c. Club or Lodge: A non - profit association of persons who are bona fide members
paying annual dues, use of premises and/or buildings being restricted to members
and their guests. (New London)
d. Club: Any corporation duly organized under the laws of Minnesota for civic,
fraternal, social or business purposes, or for intellectual improvement or for the
promotion of sports or a congressionally chartered veterans' organization if it
meets all of the following conditions:
• It shall have more than 50 members
• For more than a year, it shall have owned, hired or leased a building or
space in a building of the extent and character as may be suitable and
adequate for the reasonable and comfortable accommodation of its
members.
• Its affairs and management shall be conducted by a board of directors,
executive committee, or other similar body chosen by the members at a
meeting held for that purpose.
• None of its members, officers, agents, or employees shall be paid directly
or indirectly any compensation by way of profit from the distribution of
sale of beverages to the members of the club, or to its guests, beyond the
amount of the reasonable salary or wages as may be fixed and voted each
year by the governing body of the club. (Lake Elmo)
e. Club: A nonprofit association of persons who are bona fide members paying
annual dues, with the use of premises being restricted to members and their guest
for receptions, social recreation and other gatherings. (Cannon Falls)
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f. Club or Lodge: A non - profit association of persons who are bona fide members
paying annual dues, use of premises being restricted to members and their guests.
It shall be permissible to serve food and meals on the premises, provided adequate
dining room space and kitchen facilities are available. Serving of alcoholic
beverages to members and their guests shall be allowed, provided this serving is
secondary and incidental to the operation of the dining room for the purpose of
serving food and meals, and provided further that the serving of alcoholic
beverages is in compliance with the applicable federal, state and municipal laws.
(Milaca)
g. Club or Lodge: A public or private building in which the members of I or more
public or private organizations regularly assemble. (Greenfield)
h. Club or Lodge: A non - profit association of persons who are bona fide members
paying annual dues, with the use of the premises being restricted to members and
their guests. (Wayzata)
i. Club and lodge mean a nonprofit association of persons who are bona fide
members paying annual dues, use of the premises being restricted to members and
their guests. (Maple Grove)
j. Club or lodge. An establishment in which a limited group of people are organized
to pursue common social or fraternal goals, interests or activities, and usually
characterized by certain membership restrictions, payment of fees or dues, regular
meetings and a constitution or bylaws. (Minneapolis)
k. Club and Lodge - A public or private building in which the members of one or
more public or private organizations regularly assemble. (Medina)
1. Club: A non - profit association of persons who are bona fide members paying
annual dues, which owns, hires or leases the building or portion thereof, the use of
such premises, being restricted to members and their guests. (Hopkins)
m. Club or lodge means a nonprofit association of persons who are bona fide
members paying annual dues, use of premises being restricted to members and
their guests. It shall be permissible to serve food and meals on such premises
providing adequate dining room for the purpose of serving food and meals and
providing further that such servicing of alcoholic beverages is in compliance with
the applicable federal, state and municipal laws. (Woodbury)
Benefits of Clarifying the Definitions
■ Adding definitions for "church" (the phrase religious institution or place of worship
may be more appropriate) and "assembly" (the phrase membership institution may be
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more appropriate) would allow the City to distinguish between religious uses and
other group meetings and clubs. Religious activities would be limited to the
residential districts, and group meetings and clubs would be directed towards business
and industrial uses.
Clarifying the definitions still allows each of the activities identified in the Zoning
Code to continue to be conditional uses. The city is not excluding a particular use
from the community as a whole.
■ Clarifying the definitions supports the City's intended purposes for the zoning
districts that correspond to each use: the promotion of economic development in
commercial and industrial districts, and the promotion of personal, family, and social
interests within residential districts.
Cautions Associated with Clarifying the Definitions
■ The Zoning Code must be amended in several places, and the City Council must
make a decision as to whether to define the terms within the definitions section listed
under section 152.008 of the Zoning Code or at the specific section where the term
appears within the Zoning Code.
The City Council must carefully evaluate and select the definitions it wants to
incorporate. Some combination of the definitions and guidance provided above is
likely.
CONCLUSION: Option #1
Option #1 would help establish more consistency and certainty under the City Zoning
Code. It would also serve to clarify the City's intended purposes within each of its zoning
districts and generally provide for a stronger City plan. Clarifying terms or choosing new terms
is a good option and perhaps necessary, but this option alone is insufficient to accomplish the
overall goals of the City as discussed in Section 2.0.
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6.2 OPTION #2: Allow for All Religious and Non - Religious Assemblies in Light
Industrial and Commercial Zoning Districts but Limit the Size or Scope of the Use
Option #2 suggests allowing all types of assembly use
within light industrial and commercial zoning
districts while simultaneously amending the Zoning
Code to clarify the associated definitions or terms.
This option additionally would establish limitations
on assembly use related to the size or scope of the
use. This option would help maintain the economic
and development goals associated with the light
industrial and commercial zoning districts but allow
for a compromise for religious and secular
assemblies interested in locating within these areas
of the City.
Option #2 is to allow for all types of "assembly" in the City's light industrial and
commercial zoning districts but to limit the size or the scope of the use. This would likely
require amending the Zoning Code to determine an appropriate definition or term for "assembly"
as discussed under Option #1. Two possibilities are to include a definition of "place of worship"
within a general term (e.g., membership institution) or merely group chosen religious and non-
religious terms together (e.g., places of worship, meeting lodges, or convention halls). The City
should strive for clarity and consistency on top of merely allowing places of worship to obtain
uses within its non - residential zoning districts.
Limiting the size or scope of the use of "assemblies" within the non - residential districts
would accommodate religious and non - religious assembly uses by offering them more
opportunities for spaces to occupy within the City. Limiting the size or scope would also support
the City's efforts at ensuring that its commercial and light industrial districts continue to foster
opportunities for economic growth for the City. Of course, allowing assemblies to exist within
either the light industrial or commercial zoning districts may be counterproductive to the City's
economic development and planning goals (see Section 6.3). Overall, however, Option #2
works to establish a potential compromise among all stakeholders.
One particular challenge in carrying out Option #2 with respect to considering the
planning goals of the City and the use of assemblies is determining the specific limitation. It is
possible for the City Council to reasonably conclude that an appropriate size limitation would
balance competing interests. If the City Council chooses to impose such a limitation, the City
Council should develop an appropriate rationale for what the particular limitation would be. For
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example, the City Council might consider the City's primary economic and development
interests within its particular zoning districts and establish a size limitation for allowed
assemblies within a particular zoning district that aligns to those interests.
Benefits of Allowing All Assemblies in Non - Residential Districts But Limiting the Size of
the Use
• This option ensures that the commercial zoning and industrial zoning districts remain
focused on job growth and economic development pertaining to business and
industry.
• This option represents a compromise between stakeholders, maintaining the City's
economic interests to a certain degree while respecting the cultural and community
needs of the public.
• This option helps establish clarity of terms and treats assemblies equally within all
zoning districts of the City.
Cautions Associated with Allowing All Assemblies in Non - Residential Districts But
Limiting The Size of the Use
• This option may create situations where certain current uses of assembly within
commercial or light industrial zoning districts no longer comply with the Zoning
Code and become valid nonconforming uses (see Section 7.0).
• This option may limit the types of assemblies that may exist within the City overall
(e.g., if no residential space is available for a larger church, then a larger church may
not be able to locate at all within the City). The City therefore must ensure it has a
strong, consistent rationale for carrying out this option.
• This option will also require amending the Zoning Code with respect to the terms and
definitions of "assembly" and/or "place of worship."
• It will be important that the City Council limit the size or scope of the use in a way
that is not arbitrary. Its chosen limitation must align to its particular planning
interests.
■ This option does not fully cant' out the City's intent for establishing a light industrial
zoning district devoted exclusively to industry or a commercial zoning district
devoted exclusively to commerce, and consequently may hinder the City from
accomplishing its overall planning goals related to economic development and
growth.
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STUDY OF ASSEMBLIES, MEETING LODGES, AND CONVENTION HALLS
CITY OF SAINT ANTHONY VILLAGE
CONCLUSION: Option #2
Option #2 is a form of compromise and blends all findings to consider the interests of all
potential stakeholders. A limitation in size might be reasonable as long as the City Council
develops an appropriate rationale for what that limitation should be. However, the option does
not fully carry out the City's intended economic goals related to its commercial and light
industrial zoning districts and therefore may hinder the City's general planning objectives and
opportunities for economic growth and prosperity.
6.3 OPTION #3: Allow All "Assembly" Use Within Commercial Zoning District;
Eliminate All "Assembly" Use (i.e., Religious and Non - Religious) from Light
Industrial Zoning District
Option #3 suggests allowing all assembly use (i.e.,
religious and non - religious) within the commercial
zoning district and eliminating all "assembly" use
from the light industrial zoning district. This option
would provide a reasonable alternative to
applicants seeking places for assembly within the
City and work to treat assemblies equally within
the specific zoning districts. This option would also
fully preserve the light industrial zoning district as
an area of the City devoted specifically to industry-
oriented development and economic growth, and
thus meet the City's general planning goals.
Option #3 is to allow all types of assembly— religious and non - religious— within the
commercial zoning district and eliminate all types of assembly from the light industrial zoning
district. As this option would exclude all assemblies from the light industrial zoning district, this
would also exclude places of worship. However, the commercial zoning district would now
allow for all types of assembly, including places of worship. This option would practically be
accomplished by eliminating the section pertaining to "assembly, meeting lodges, or convention
halls" under the light industrial zoning section of the Zoning Code and clarifying or defining the
terms that currently exist within the commercial zoning section.
Allowing all "assembly" use (religious and non - religious) within the commercial zoning
district may not align with the business- oriented objectives of the City's commercial zoning
district. However, an "assembly" more likely coincides with a commercial zoning district than
with a light industrial district. The City's commercial zoning districts already allow for secular
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STUDY OF ASSEMBLIES, MEETING LODGES, AND CONVENTION HALLS
CITY OF SAINT ANTHONY VILLAGE
assemblies by including "assembly, lodge, or convention halls" as a use. Because of the
changing nature of places of worship in the contemporary era, a religious assembly would not be
out of place in a commercial zoning district. Moreover, although a religious assembly may not
fully align with the City's intent, allowing such uses within the commercial zoning district
establishes a compromise by creating opportunities for religious assemblies to locate themselves
in certain areas of the City in which were previously not available under the Zoning Code.
Additionally, the commercial zoning district contains retail establishments which can serve
amenities for assembly uses, and the presence of assemblies within the commercial zoning
district would likely increase the customer base for some of these businesses, thus serving a
function aligned with business and commerce.
Eliminating all "assembly" use (religious and non - religious) from the light industrial
zoning district closely aligns with the City's economic and planning goals. The light industrial
district has a primary purpose of developing economic and job growth through industry use. The
City has a very limited supply of land conducive to light industrial use near rail facilities and
high capacity roadways. It is this limited supply with which the City must work to create a light
industrial economic development area. The limited supply also reinforces the City's intent to
exclude non - industrial uses from this district. Although a secular assembly, such as an industrial
union hall, might support industry, the presence of assemblies (religious and non - religious) in
general is counterproductive to the City's economic development goals and to prudent
stewardship of a scarce resource, when other areas of the City may be used for that purpose. The
City has limited space to establish industrial uses, and considering the current state of the
economy, it is important that the City Council reserve its space for industry to protect the future
economic growth of the City.
Overall, to coincide with eliminating the use of assemblies within the light industrial
zoning district, and as a means of providing a reasonable alternative to places of worship and
secular assemblies, the City might choose to allow the conditional use of all types of assembly,
including places of worship, within the commercial zoning district. This would create
opportunities for certain groups to find space in a non - residential zoning district while also
maintaining the economic development and planning principles that underlie the presence of
industry in the City. This would require the elimination of the "assembly, meeting lodge, or
convention halls" language currently existing within section 152.142(G) (pertaining to the
industrial zoning district) and an amendment to the section pertaining to "assembly, meeting
lodges, or convention halls" to include places of worship within the commercial zoning district.
Benefits of Allowing "Assembly" in Commercial and Eliminating "Assembly" in Light
Industrial
■ This option ensures that the industrial zoning district remains exclusively focused on
economic development and job growth pertaining to industry.
■ This option best aligns assembly use within the Zoning Code to the zoning districts in
which they most properly belong.
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STUDY OF ASSEMBLIES, MEETING LODGES, AND CONVENTION HALLS
CITY OF SAINT ANTHONY VILLAGE
■ This option offers a reasonable alternative to applicants seeking space for places of
worship as it creates opportunities in the commercial zoning district for such religious
assemblies.
■ This option treats places of assembly equally throughout the Zoning Code and
establishes clarity.
Cautions Associated with Allowing "Assembly" in Commercial and Eliminating
"Assembly" in Light Industrial
■ This option may create situations where certain current uses of assembly within light
industrial zoning districts no longer comply with the Zoning Code and would,
therefore, become valid nonconforming uses (see Section 7.0).
■ This option excludes assemblies (religious and non - religious) from potentially
desirable space within the light industrial zoning district.
■ This option may hinder the City's intent at fully implementing business - oriented
goals of its commercial zoning district.
CONCLUSION: Option 93
Option #3 allows the City to continue its economic development goals within its
light industrial zoning district while offering a reasonable alternative for all types of assemblies
(religious and non - religious) to find space within the commercial zoning district. Option #3 may
not fully implement the City's intended business - oriented goals of the commercial zoning
district, but the presence of assemblies in the commercial zoning district does not seem to
counteract City planning and economic development goals as much as allowing assembly use
within the light industrial zoning district would do.
Option #3 is recommended as the appropriate course of action for the City.
7.0 NONCONFORMING USES
If the City chooses to amend its Zoning Code, certain uses that currently exist within a
zoning district that were previously compliant under the law may no longer comply with the
Zoning Code as amended. There is a question as to what happens to these uses practically and
legally. Overall, these uses will continue to exist under the law of nonconforming use as
indicated by Minnesota State Law and the City Zoning Code itself.
7.1 Minnesota State Law: Nonconforming Uses
Minnesota Statutes section 462.357 discusses nonconforming uses in the context of
municipal law: "Except as otherwise provided by law, any nonconformity, including the lawful
use or occupation of land or premises existing at the time of the adoption of an additional control
under this chapter, may be continued, including through repair, replacement, restoration,
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STUDY OF ASSEMBLIES, MEETING LODGES, AND CONVENTION HALLS
CITY OF SAINT ANTHONY VILLAGE
maintenance, or improvement, but not including expansion, unless [certain conditions apply]."
Other than this language, there is no specific definition of nonconformity under this chapter.
7.2 Saint Anthony Zoning Code: Nonconforming Uses
The City Zoning Code permits nonconforming uses to continue until they are removed.
See City Code § 152.225. The Zoning Code specifically states that it does not encourage the
survival, enlargement, expansion, or extension of nonconforming uses. See id. "Nonconforming
use" is defined within section 152.003 as "Any building, structure, or use lawfully existing on 8-
2 -1976 and continuing to lawfully exist to the date of adoption of this zoning code."
7.3 Nonconforming Use Analysis
Because both Minnesota state law and the City Zoning Code allow for continuing legal
nonconforming use of property, any lawful use that currently exists that will be non - compliant
under an amended version of the Zoning Code may continue to exist (with certain conditions and
restrictions as stated above and within the applicable laws) as a nonconforming use.
8.0 CONCLUSION
The current language within the Zoning Code does not clearly establish what types of
assembly may exist within the commercial and light industrial zoning districts. However, the
City has specific intents and purposes for all of its zoning districts, and assembly use should
support these goals. Specifically, the light industrial zoning district is a district that is
exclusively focused on promoting economic growth and development for industry. The
commercial zoning district has similar economic goals for business and commerce. Overall, the
City intends to provide zoning districts in a manner that results in efficient land use, allowing for
the cultural and community needs of the public within the residential zoning districts while
encouraging the economic growth of jobs, business, and industry within the non - residential
zoning districts. These objectives can be enhanced by adding further clarity regarding places of
assembly.
This Study recommends that the City Council amend the Zoning Code in a manner that
balances the City's economic development and job growth interests with the interests of groups
in establishing places of secular and religious assembly. This will be done most effectively by:
1) Allowing all types of assemblies — religious and non - religious —to exist within the
commercial zoning district;
2) Excluding all types of assemblies— religious and non - religious —from the light industrial
zoning district; and
3) Clarifying the definition of "assembly" to include both religious and non - religious
assemblies.
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STUDY OF ASSEMBLIES, MEETING LODGES, AND CONVEMIoN HALLS
CITY OF SAINT ANTHONY VILLAGE
The Regulation of Assemblies, Meeting
Lodges and Convention Halls — Potential
Changes to the City Code
Planning Commission Meeting
July 17, 2012
ain nfhpiry A
Regulation of Assemblies, Meeting
Lodges and Convention Halls
• Background
— City Council directed staff to prepare study on
regulation of assemblies, meeting lodges and
convention halls as conditional uses in Light
Industrial and Commercial Districts
—June 12, 2012 City Council endorsed Option 3
from the study
ain the(��ry _
"i a 7 ttise
7/10/2012
1
emblies, Meeting
WLodges and Convention Halls
• Background
— Option 3 allows all assembly use (religious and
non - religious) within Commercial Zoning Districts
— Option 3 eliminates all assembly use (religious and
non - religious) from the Light Industrial Zoning
District
a WSe
ulation of Assemblies, Meeting
Wwom"todges and Convention Halls
• Background
— Option 3 provides an alternative to those seeking
places for assembly within the city
— Option 3 treats assemblies equally within specific
zoning districts as is required under the Religious
Land Use and Institutionalized Persons Act
(RLUIPA)
ain nlh�ny
i a e V WSe
7/10/2012
2
w►ssemblies, Meeting
Lodges and Convention Halls
• Proposed Changes
— Definitions
• Terms such as "Church, temple, or synagogue" as well
as "assembly, lodge, or convention halls" are currently
not defined in the City Code
• Terms such as "religious institution" or "place of
worship" are generally used for religious uses while
terms like "clubs" or "lodges" are typically used instead
of convention halls
al n' I ntl�uny A
C WSe
Regulation of Assemblies, Meeting
Lodges and Convention Halls
• Proposed Changes
— Definitions
• Staff provided sample definitions in the report for
terms that should be defined in the City Code. These
terms include:
— Religious Institution /Place of Worship
— Assembly
— Club or Lodge
ain nthony
a C ttSe
7/10/2012
3
NWsemblies, Meeting
Lodges and Convention Halls
• Proposed Changes
— Definitions
• Religious Institution /Place of Worship
— A tax - exempt building, together with its accessory buildings
(supporting homes, convents or rectories) and uses commonly
associated with religious institutions, where persons regularly
assemble for religious worship and which building, together
with its accessory buildings and common religious uses, is
maintained and controlled by a religious body organized to
sustain religious ceremonies and purposes. The term shall not
carry secular connotation.
�nin �nthm� A
Ctii la eC wse
ulation of Assemblies, Meeting
Lodges and Convention Halls
• Proposed Changes
— Definitions
• Assembly
— A company of persons gathered for deliberation and
legislation, worship, or entertainment. An assembly may be
either religious or secular.
am nlhong
WSB
7/10 /2012
CI
0 emblies, Meeting
Wodgesd Convention Halls
• Proposed Changes
— Definitions
• Club or Lodge
— An establishment in which a limited group of people are
organized to pursue common social orfraternal goals,
interests or activities, and usually characterized by certain
membership restrictions, payment of fees or dues, regular
meetings and a constitution or bylaws. The use of any
premises and /or buildings is restricted to members and their
guests.
^�aint/ nlhoi� A
C�'l�lla cC WSB
gulation of Assemblies, Meeting
Lodges and Convention Halls
• Proposed Changes
— Permitted Conditional Uses R -1 Single Family District
• Because "churches" are a permitted conditional use in most
of the residential districts, the language needs to be
modified to match the term used in the definitions section
ain Ih 7
KISB
7/10/2012
5
ation of Assemblies, Meeting
Lodges and Convention Halls
• Proposed Changes
— Dimensional Regulations R -1 Single Family District
• The R -1 district has dimensional requirements that reference
"churches"
• This language also must be modified to be consistent with
the new definition
�;linr� nlhun� A
la eL' WSS
ulation of Assemblies, Meeting
Lodges and Convention Halls
• Proposed Changes
— Permitted Conditional Uses R -2, R -3, and R -4
Districts
• No changes are needed as these sections refer back to
the regulations outlined in the R -1 Single Family District
am Nhany — — A
iaeC WSB
7/10/2012
11
ssemblies, Meeting
WLodges a;rx- nd Convention Halls
• Proposed Changes
— Dimensional Regulations R -2 Two - Family District
• This section does not address building to land ratios
• It does address impervious surface; a maximum of 35
percent is allowed, which is stricter than the restriction
for lot coverage
• Staff is not recommending any changes at this time
ain nthon
V WSB
Regulation of Assemblies, Meeting
Lodges and Convention Halls
• Proposed Changes
— Dimensional Regulations R -3 and R -4
• This section does not address building to land ratios
• It does address impervious surface; a maximum of 50
percent is allowed
• Staff is not recommending any changes at this time
. ain mhq�ry
i a C% Wse
7/10/2012
7
ssemblies, Meeting
WLodges and Convention Halls
• Proposed Changes,
— Permitted Conditional Uses C General Commercial
District
• This section of the City Code allows "Assembly, lodge or
convention halls" as a permitted conditional use. The
language needs to be modified to match the terms
used in the definitions section
ai thou
i a CI tvse
Regulation of Assemblies, Meeting
Lodges and Convention Halls
• Proposed Changes-
- Permitted Conditional Uses LI Light Industrial
District
• This section of the City Code needs to be modified to
reflect the direction provided by the Planning
Commission and the City Council to remove assembly,
meeting lodge, or convention halls as permitted
conditional uses
am nthgny
AW
7/10/2012
M
(Assemblies, Meeting
WLWodges and Convention Halls
• Proposed Changes-
- General Regulations, Parks and Recreation —
Definitions
• Public assembly is currently not defined
• Definition should be updated to clarify public assembly
versus assembly as used in the land use districts
• Staff is proposing the following definition:
- Public assembly: The concourse or meeting together of a
number of persons at the someplace. The event is of a limited
duration.
uin nth -- - —
i Ia a on WSB
Regulation of Assemblies, Meeting
Lodges and Convention Halls
• Discussion
— The revised definitions and changes to the City
Code are intended to show clear intent for the
various land uses allowed in residential,
commercial and industrial districts
— The proposed changes bring the City Code into
compliance with the Religious Land Use and
Institutionalized Persons Act (RLUIPA)
am thou
Cl
i la r
.1458
7/10/2012
Regulation of Assemblies, Meeting
Lodges and Convention Halls
• Discussion
— Staff proposes a discussion of the proposed
changes to ensure that the direction provided by
the Planning Commission and City Council
regarding Option 3 is consistent with what staff
has outlined in the staff report
— Feedback on definitions and other revisions will
be used for the ordinance update
y�
ain i a e w8e
7/10/2012
10