HomeMy WebLinkAboutRES 25-037 APPROVING A REQUEST FOR A CUP FOR A 34 UNIT ASSISTANT LIVING FACILITY AND VARIANCESCITY OF SAINT ANTHONY VILLAGE
RESOLUTION 25-037
A RESOLUTIONAPPROVING A REQUEST FOR A CONDITIONAL USE PERMIT
FOR A 34-UNIT ASSISTING LIVING FACILITY, AS WELL AS VARIANCES FROM
THE SIDE YARD SETBACK IN AN R-4 ZONING DISTRICT, FROM PARKING
REQUIREMENTS IN AN R-4 ZONING DISTRICT, AND FROM THE IMPERVIOUS
SURFACE MAXIMUM IN AN R-4 ZONING DISTRICT
WHEREAS, the City of St. Anthony Village received a request from David TeBrake on
behalf of Nou Vang and Able View for an assisted living facility at 0 Foss
Road (PID 31-30-23-44-0040); and
WHEREAS, the property is located in the "R-4", Multiple Family Residential Zoning
District; and
WHEREAS, the subject parcel is currently undeveloped with multiple family residential
development surrounding the site; and
WHEREAS, assisted living facilities are allowed by Conditional Use Permit in the R-4
Zoning District; and
WHEREAS, the applicant further seeks variances from setback, parking, and impervious
surface requirements as detailed in the application and its supplements; and
WHEREAS, the proposed facility is consistent with land uses in the immediate area, as well as
with both zoning and Comprehensive Plan land use designations for the site; and
WHEREAS, the variances can be found to meet the requirements and criteria for variance
consideration as identified in the St. Anthony zoning ordinance; and
WHEREAS, the Planning Commission has considered all of the comments and the staff report,
which are incorporated by reference into the resolution; and
WHEREAS, the Planning Commission held a public hearing on March 18, 2025 on the
application and the applicant and members of the public were provided the
opportunity to present information to the Planning Commission; and
WHEREAS, the Planning Commission continued its discussion at a public meeting on April
15, 2025, with additional opportunities for comment and questions; and
WHEREAS, the Planning Commission recommended approval of the Conditional Use Permit
and the three variances, with the conditions noted in the Staff report, and as listed
below; and
WHEREAS, the City Council makes the following findings of fact in support of the resolution
for approval:
1. The site is zoned R-4, accommodating multiple family housing as a permitted
use.
2. The R-4 Zoning can also accommodate senior housing as a conditional use in
the density range proposed by the applicant.
3. Senior Housing — and in particular assisted living housing — presents a much
lower demand for parking than other types of residential that would be allowed
on the parcel by right.
4. Assisted living housing, given the lack of automobile use by the tenants,
creates a far lower traffic generation than other types of housing that would be
allowed on the parcel by right.
5. The site is narrow in dimension, and is encumbered by a storm sewer along the
north and east property boundaries, limiting the site buildable areas.
6. Given the restrictions in buildable area, no reasonable construction would fit
on the property, including parking and other site improvements, without
flexibility in setbacks and building location.
7. The conditions on the property noted herein support the reasonable use of the
property as an assisted living facility with a narrower side yard setback.
8. The nature of the use creates a demand for parking that is much lower than
what would otherwise be required for underground parking supply on the site.
9. The development of underground parking for the facility would constitute a
wasted cost given the low parking demand for assisted living units.
10. These factors support the approval of variances to side setback, parking, and
impervious surface requirements in the R-4 district.
11. The proposed use, with the conditions attached to an approval as recommended
herein, constitute a reasonable use of property, and one which is least likely of
the allowable uses on the site to create unreasonable burdens on the
neighborhood or on the public facilities in the area.
NOW THEREFORE BE IT RESOLVED that the City Council of City of Saint Anthony
Village, Minnesota accepts the findings and recommendations documented in the staff report
and approves Conditional Use Permit and Variances as shown on the plans submitted on or
before February 17, 2025, and as supplemented per City request, at 0 Foss Road, with the
following conditions:
1. The applicant maintains a policy that prohibits tenants from storing personal
vehicles on the premises.
2. No conversion of the property to any type of housing that is not specifically
designated for assisted living may occur without a new Conditional Use
Permit demonstrating compliance with all of the terms of the applicable
zoning in effect, including unit count, parking supply, and other factors.
3. The retaining wall is designed by an engineer if it remains more than four feet
in height.
4. The trash enclosure is constructed of materials that match those of the
principal building, including the proposed roof.
5. The applicant constructs the building, with all facade exposures and roofline,
as proposed subject to final staff review and approval. The plans as
resubmitted for the Planning Commission meeting on April 15, 2025, are
deemed to meet this condition as recommended by staff.
6. The applicant works with the City to sign the emergency vehicle lane along
Foss Road for no parking.
7. The City Engineer reviews and approves the grading and drainage plans. Substantive
modifications to the site plan resulting from grading plan changes may result in
additional official review of the proposed plan.
8. The City Engineer approves required final designs of the bioretention and other aspects
of the stormwater (and other) plans as noted in the Engineer's memo of April 3, 2025,
and any subsequent Engineer's review.
9. The weed -barrier material under the deck is pervious fabric to ensure compliance with
impervious surface regulations.
10. Additional landscaping plant materials are provided in the rock mulch edge along the
south side of the building to help mitigate impacts of the lessened setback in this area.
The updated plans reflect compliance with this condition.
11. The applicant supplement landscape plans with the recommendations of the City
Engineer and as suggested in this report.
12. Additional sustainability elements recommended by the Planning Commission and
approved by the City Council may be included in any final approval.
13. The proposed sign will be reviewed separately and permitted under standard sign
permitting procedures.
14. The applicant constructs the project consistent with the finally approved plans.
15. The applicant enters into a Conditional Use Permit Development Agreement
guaranteeing the terms of the permit and operational elements.
16. The approval recommendation incorporates the findings of fact noted in this report, and
as included in the draft City Council Resolution.
17. Any additional recommendations of the City Council.
Approved this 13th day of May, 2025.
Wendy Webste , Mayor
ATTEST:
Cif Clerk
Review for Administration: L'
Charlie Yunker, City Manager