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Our Mission is to be a progressive and livable community, a walkable village, which is sustainable, safe and secure.
Call to Order.
Pledge of Allegiance.
Roll Call.
Consideration, discussion, and possible action on all of the following items:
I. Approval of the October 15, 2019 Planning Commission Meeting Agenda. (action requested)
II. Approval of the September 17, 2019 Regular Planning Commission Meeting Minutes.
(action requested)
III. Public Hearing.
A. Review proposed Ordinance amendments regarding Walkways, Sidewalks, and Patios.
IV. Staff Reports.
V. Other Business..
VI. Community Forum.
Individuals may address the Planning Commission about any City business 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. Generally, the Planning Commission will not take official action on items discussed at
this time, but may typically refer the matter to staff for a future report or direct the matter to be
scheduled on an upcoming agenda.
VII. Information and Announcements.
VIII. Adjournment.
CITY OF SAINT ANTHONY VILLAGE
PLANNING COMMISSION MEETING AGENDA
OCTOBER 15, 2019
COUNCIL CHAMBERS
7:00 PM
CITY OF ST. ANTHONY 1
PLANNING COMMISSION MEETING 2
3
SEPTEMBER 17, 2019 4
7:00 p.m. 5
6
CALL TO ORDER. 7
8
Chair Papatola called the meeting to order at 7:00 p.m. 9
10
PLEDGE OF ALLEGIANCE. 11
12
Chair Papatola invited the Commission and the audience to join her in the Pledge of Allegiance. 13
14
ROLL CALL. 15
16
Commissioners Present: Chair Papatola, Commissioners Neumann, Payne, Rude, and Socha. 17
18
Absent: Commissioner Bartel, and Westrick. 19
20
Also Present: Student Liaison Bethlehem Beyene and City Planner Stephen 21
Grittman 22
23
I. APPROVAL OF THE SEPTEMBER 17, 2019, PLANNING COMMISSION MEETING 24
AGENDA. 25
26
Chair Papatola asked for a friendly amendment to the agenda. He requested removing Other 27
Business, Item A, due to it needing a Public Hearing with official notice and to place it on the 28
October agenda. 29
30
Motion by Commissioner Socha, seconded by Commissioner Payne, to approve the 31
September 17, 2019, Planning Commission agenda as amended. 32
33
Motion carried 5-0. 34
35
Chair Papatola welcomed Student Liaison Bethlehem Beyene to the Planning 36
Commission. 37
38
II. APPROVAL OF THE AUGUST 20, 2019, REGULAR PLANNING COMMISSION 39
MEETING MINUTES. 40
41
Commissioner Neumann requested the following corrections: 42
Page 10, Line 29, change to: Commissioner Neumann stated this happened quickly and 43
affordable housing is of issue. She is concerned with the demographic and with making units 44
affordable. She stated one through seventeen looks good but is concerned with the 45
developer’s prior relationship with the City. 46
47
Planning Commission Regular Meeting Minutes
September 17, 2019
Page 2
Page 11, Line 4, change to: Commissioner Neumann asked where copies of the 1
Comprehensive Plan are located for members of the public wishing to access including newer 2
Commissioners. 3
4
Chair Papatola requested the following correction: 5
Page 11, Line 20 change to: the motion for adjournment carried 6-0 as opposed to 7-0. 6
7
Motion by Commissioner Neumann, seconded by Commissioner Socha, to approve the 8
August 20, 2019, Regular Planning Commission Meeting Minutes as amended. 9
10
Motion carried 4-0-1 abstain (Payne). 11
12
III. PUBLIC HEARING. 13
14
A. Consider a request for a Subdivision including a Lot Size and Setback Variance 15
at 3645 Chelmsford Road. 16
17
Chair Papatola reviewed how the public hearing will proceed this evening. This item will 18
come before Council on October 8, 2019. 19
20
Chair Papatola opened the public hearing at 7:07 p.m. 21
22
City Planner Grittman reviewed the request for a subdivision of an existing single-family 23
parcel, a series of variances necessary to establish lot areas on each of the two parcels that are 24
below zoning ordinance requirements, and a setback variance that would extend the northerly 25
house into the average setback along 37th Avenue NE. He explained planning staff does not 26
believe that the test for reasonable use or unique conditions are present to qualify the request 27
for a significant departure from R-1 zoning requirements. Staff recommends denial of the 28
subdivision and accompanying variances. 29
30
City Planner Grittman summarized the setback variance criteria. 31
32
City Planner Grittman stated staff recommends denial of the proposed subdivision and lot area 33
variances based on the following findings: 34
1. The property is put to a reasonable use as a single-family parcel, consistent with the 35
requirements of the R-1 zoning district. 36
2. Existing single-family parcels in the immediate neighborhood are uniformly larger on 37
average and individually, the result of which is that the subdivision would create the 38
smallest lot in the area. 39
3. Variance approval requires findings that there are unique conditions that create practical 40
difficulties in the property to the reasonable use. There do not appear to be any such 41
unique conditions on this property that would distinguish it from other single-family lots, 42
justifying the reduction in lot area. 43
44
City Planner Grittman stated staff also recommends denial of the proposed setback variance 45
for proposed Parcel A based on the following findings: 46
Planning Commission Regular Meeting Minutes
September 17, 2019
Page 3
1. The parcels along 37th Avenue NE all demonstrate significant setbacks from the right-of-1
way for several blocks. 2
2. If granted, the reduced setback on Parcel A would be the only building less than 60 feet 3
from the right-of-way. 4
3. Variance approval requires findings that there are unique conditions that create practical 5
difficulties in the property to a reasonable use. There do not appear to be any such unique 6
conditions on this property that would distinguish it from other single-family lots, 7
justifying the reduction in lot areas. 8
9
Chair Papatola indicated the Planning Commission looked at a lot split on 33rd avenue this 10
past winter which strikes him as being similar and wondered if that was case. 11
12
Commissioner Socha explained that was an approximate lot reduction in both lots that was 13
being proposed to ten percent and the Planning Commission did comment that contrary to the 14
applicant’s assertion, that was a small ten percent decrease and as a Planning Commission felt 15
that the ten percent was a substantial decrease to the minimum lot size. 16
17
Commissioner Rude asked if the site shown in red on the side was being measured from the 18
City right-of-way. City Planner Grittman indicated that was correct. Commissioner Bartel 19
asked if staff did a calculation of the lot up to the curbs. City Planner Grittman indicated he 20
did not. The proposal, measuring out to their title interest in the center of the right-of-way 21
were slightly larger lots but still below the threshold. 22
23
Commissioner Rude asked if Lot A could go farther to the property line to the east. City 24
Planner Grittman explained on corner lots the way the ordinance reads, is an applicant 25
chooses the front and if this were to be able to proceed, the applicant would probably choose 26
Chelmsford as a front because he doubted there could be driveway access out to 37th Avenue. 27
28
Chair Papatola closed the public hearing at 7:19 p.m. 29
30
Commissioner Neumann indicated she would go along with staff recommendations based on 31
what is in the report and how detailed this is laid out. 32
33
Commissioner Socha agreed and did not think this seemed reasonable for the neighborhood 34
and did not see any compelling reasons under the factors to grant the variance request. 35
36
Commissioner Rude thought the setback from all of the surrounding houses is quite 37
significant around there and would make it seem out of place. There will be two small lots 38
with kids walking along there and it seems out of character for the area. 39
40
Chair Papatola indicated he forgot to ask the public for comment before closing the public 41
hearing and asked staff if there was any correspondence. City Planner Grittman indicated he 42
had one phone call from a neighbor but there was no formal submission. 43
44
Planning Commission Regular Meeting Minutes
September 17, 2019
Page 4
Motion by Commissioner Neumann, seconded by Commissioner Rude, to recommend that the 1
City Council deny the proposed subdivision and lot area variances and setback variance as 2
requested based on the findings in the staff report. 3
4
Motion carried 5-0. 5
6
IV. STAFF REPORTS. 7
8
City Planner Grittman stated the Council approved the Dorn preliminary plan PUD proposal. 9
10
V. OTHER BUSINESS. 11
12
A. Review proposed Ordinance amendments regarding Walkways, Sidewalks, and Patios. 13
14
This item was removed upon agenda adoption. 15
16
B. Schedule a Worksession for discussion regarding accessory buildings. 17
18
City Planner Grittman explained this past Spring the Planning Commission discussed a series 19
of issues in workshop. The accessory building issue was held back, and staff felt this should 20
be discussed further due to some issues that have arisen recently. 21
22
It was the consensus of the Planning Commission to schedule a Worksession for November 23
19, 2019, starting at 5:30 p.m., to discussion accessory buildings. 24
25
VI. COMMUNITY FORUM – NONE. 26
27
VII. INFORMATION AND ANNOUNCEMENTS – NONE. 28
29
VIII. ADJOURNMENT. 30
31
Motion by Commissioner Neumann, seconded by Commissioner Payne, to adjourn. 32
33
Motion carried 5-0. 34
Chair Papatola adjourned the meeting at 7:27 p.m. 35
36
Respectfully submitted, 37
Sue Osbeck 38
TimeSaver Off Site Secretarial, Inc. 39
MEMORANDUM
To: St. Anthony Village Planning Commission
From: Stephen Grittman, City Planner
Date: Planning Commission Meeting – October 15, 2019
NAC Project No. 323.02 – 19.05
Request: Request for Zoning Ordinance Amendments related to standards for
Walkways, Sidewalks, and Patios
Property Address: NA
Property PID: NA
STAFF RECOMMENDATION
Planning staff has summarized the discussions on this item from both Planning Commission and
City Council workshops. The proposed ordinance represents the focus of those discussions, as
the issues arose from recent zoning applications. Planning staff recommends approval of the
Ordinance amendment as presented.
ANALYSIS
Earlier this year, the City encountered an issue that raised concern over the application of
zoning ordinance standards to sidewalk and patio requirements.
The Planning Commission initially discussed this issue at a Commission workshop meeting in
May. Staff then brought the item forward for consideration by the City Council at a subsequent
Council workshop, integrating the comments made by the Planning Commission.
The formal step for establishing the proposed change requires a public hearing to be held by
the Planning Commission, after which the Council can take up the ordinance for adoption. The
information below summarizes the materials considered and discussed by the Commission, and
as presented to the City Council workshop. The primary issues raised by the Commission were
the acceptable width of a private residential walkway, and the applicable setback.
As noted below, the Commission’s consensus was to allow an encroachment into the typical 5
foot setback with a 3 foot wide walkway, and a minimum setback requirement of 1 foot. We
have cited some of the existing code language for reference, and highlighted the proposed
language in redline.
Sidewalks, Walkways, and Patios.
As the Planning Commission has observed, and as discussed as part of a Council
application issue recently, this item is rooted in lack of definition in the current Zoning
Ordinance related to private property improvements that can be confused with other
improvements that are both defined and regulated. Specifically, the zoning ordinance
defines “Patios” as:
PATIO. A courtyard or other finished exterior ground surface open to the sky
constructed of rock, brick, concrete, stone, or similar materials and commonly
used for relaxation, socializing, or dining.
Patios are included in a list of private improvements that are required to meet a
minimum 5 foot setback from side and rear property lines.
Sidewalks or walkways are not defined, nor are they required to meet any particular
setback. As issue in the previous planning application was whether a paved concrete
pad was a walkway or a patio. Staff proposed an interpretation for the purposes of
dealing with the application in hand, but as noted by the Commission, the City would be
well served with better definitions and more complete standards.
Since the preparation of the original report materials, an issue has been raised related
to the language of the “Sidewalk” definition in its references to “pedestrians” and “non-
motorized wheeled traffic”. The comment voiced concern as to whether the definition
would create a potential problem for “pedestrians” who rely on adaptive wheeled
vehicles for mobility, such as wheelchairs or scooters, whether motorized or non-
motorized.
To address this concern, staff has updated the previous version of the definition to
specify that such vehicles, when used by persons with limited mobility, shall be
considered to be included in the term “pedestrian” for purposes of the code. The
additional text is italicized below to distinguish it from the original version.
For reference, under statutory definitions (Mn Stat Section 169.011), the following
definitions relate to this issue in public areas:
Subd. 53. Pedestrian. “Pedestrian” means any person afoot or in a wheelchair.
Subd. 93. Wheelchair. For the purposes of this chapter, "wheelchair" is defined to
include any manual or motorized wheelchair, scooter, tricycle, or similar device used
by a disabled person as a substitute for walking.
As a part of the discussion, staff would propose the addition of the following definitions
in Section 152.008 as a starting point:
SIDEWALK: A paved path typically located in a public right of way, on
publicly owned property, or a public easement that is open to members of the
public traveling as pedestrians, and if designated, open to non-motorized wheeled
traffic (such as bicycles or similar vehicles). The term Sidewalk may include
public Trails or Pathways, or similar public improvements. Pedestrians shall
include those persons afoot, or using assistive wheeled vehicles (motorized or
non-motorized) such as wheelchairs, scooters, or similar devices designed for
persons with disabilities.
WALKWAY: A hard-surfaced path (consisting of pavement, rock, stone, brick
or pavers) located on private property for the purpose of providing internal access
to occupants or visitors to the uses on or adjacent to the property. A Walkway
shall be no greater than three (3) feet in width. Any surfaced area greater than
three (3) feet in width shall be considered a “Patio”.
A further concern raised with the proposed language was related to the use of sidewalks
(or pathways or trails) by bicycle traffic. While sidewalks are not normally to be used by
bicycle traffic, there are various multi-modal pathways that accommodate both
pedestrians and wheeled traffic. As such, the “if designated” language has been
included to note that bicycles are only allowed on sidewalks in specific locations.
In the Commission’s workshop discussion, staff discussed a potential threshold of four
feet, but the consensus was to use three feet as the limitation for private walkway. This
dimension is adequate to accommodate most accessibility needs, which would be a
minimum threshold for City regulation. The Commission also discussed a minimum
setback for any paved “Walkway” of one foot. This space would allow for fence
construction (which is allowed to be constructed within the setback as long as the fence
is completely on the property of the fence owner).
Section 152.77 provides for “Encroachments in Yards”. Selected exceptions to the
normal setback requirements in this section include:
(D)Steps, stoops, and porches which extend into a front yard not more than 5 feet;
(E)Terraces, steps, stoops, uncovered porches, and patios which extend into a
side yard not more than 5 feet and are not closer than 5 feet from any property
line;
(F)Breezeways, covered or uncovered porches, patios, steps, stoops, and picnic
shelters in a rear yard which are not closer than 5 feet from any property line;
As a part of this amendment, staff would propose the following additional exception, to
read as follows:
(K) Walkways, as defined in this ordinance, which do not encroach closer than
one (1) foot to any side lot line, provided that the property owner controls
drainage to avoid increasing stormwater impacts on adjoining property.
With these changes, it is believed that there will be fewer opportunities to misconstrue the
intent of the ordinance, and fill a gap as it relates to private walkway definition and regulation.
SUMMARY AND STAFF RECOMMENDATIONS
Application 1. Ordinance Amendments to Section 152.008 and 152.177. Staff recommends
approval as submitted.
This recommendation is based on a finding that the proposed ordinance clarifies the zoning
standards for the subject uses, and furthers the intent of the zoning ordinance for the use of
residential property.
ALTERNATIVE ACTIONS
1. Motion to recommend approval of the proposed zoning ordinance amendment
establishing definitions and standards for Walkways, Sidewalks, and Patios.
2. Motion to recommend denial of the ordinance as presented. In the event of a
recommendation for denial, the Planning Commission must state its findings related to
denial.
3. Request Additional Information and Table Action, subject to the submission of
additional information from staff and/or applicant.
ATTACHMENTS
Exhibit A: Draft Ordinance
CITY OF SAINT ANTHONY VILLAGE
HENNEPIN COUNTY, MINNESOTA
ORDINANCE NO. _____
AN ORDINANCE AMENDING THE CITY CODE, CHAPTER 152
BY ADDING DEFINITIONS AND REQUIREMENTS
FOR WALKWAYS, PATIOS, AND SIDEWALKS
THE CITY COUNCIL OF THE CITY OF ST. ANTHONY VILLAGE HEREBY ORDAINS AS
FOLLOWS:
Section 1. Chapter 152, Section 152.008, Definitions, is hereby amended to add the
following:
SIDEWALK: A paved path typically located in a public right of way, on publicly
owned property, or a public easement that is open to members of the public
traveling as pedestrians, and if designated, open to non-motorized wheeled traffic
(such as bicycles or similar vehicles). The term Sidewalk may include public
Trails or Pathways, or similar public improvements. Pedestrians shall include
those persons afoot, or using assistive wheeled vehicles (motorized or non-
motorized) such as wheelchairs, scooters, or similar devices designed for persons
with disabilities.
WALKWAY: A hard-surfaced path (consisting of pavement, rock, stone, brick or
pavers) located on private property for the purpose of providing internal access to
occupants or visitors to the uses on or adjacent to the property. A Walkway shall
be no greater than three (3) feet in width. Any surfaced area greater than three (3)
feet in width shall be considered a “Patio”.
Section 2. Chapter 152, Section 152.177, Encroachments in Yards is hereby amended to
add the following:
(K) Walkways, as defined in this ordinance, which do not encroach closer than one (1)
foot to any side lot line, provided that the property owner controls drainage to avoid increasing
stormwater impacts on adjoining property.
Section 3. The City Clerk is hereby directed to make the changes required by this
Ordinance as part of the Official St. Anthony City Code, Chapter 152, Zoning Ordinance, and to
renumber the tables and chapters accordingly as necessary to provide the intended effect of this
Ordinance. The City Clerk is further directed to make necessary corrections to any internal
citations that result from said renumbering process, provided that such changes retain the purpose
and intent of the Zoning Ordinance as has been adopted.
Section 4. This Ordinance shall take effect and be in full force from and after its
passage and publication.
CITY OF ST. ANTHONY VILLAGE
By: _______________________________
Jerome O. Faust, Mayor
ATTEST:
By:________________________________
Nicole Miller, City Clerk
NOTICE OF A PUBLIC HEARING
Notice is hereby given that on October 15, 2019, 7:00 p.m. at City Hall, 3301 Silver Lake Road, the Saint
Anthony Village Planning Commission will hold a public hearing to solicit public response to proposed
ordinance amendments regarding walkways, sidewalks, and patios. The Planning Commission will
present their recommendations to the City Council at a later date.
Those persons having an interest in said meeting are encouraged to attend. Oral testimony will be
accepted on the above subject at this meeting. Written comments may be taken at the St. Anthony
Village City Hall, 3301 Silver Lake Road, St. Anthony Village, Minnesota 55418 until the date of the
hearing. Questions may be directed to the City Planner at 763-957-1100.
The Planning Commission agenda and packet item relating to this application will be made available
prior to the meeting online at www.savmn.com .
Steve Grittman
City Planner