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2004 PC Meeting MinutesCRYSTAL PLANNING COMMISSION JANUARY 13, 2004 A. CALL TO ORDER Page I of 2 The regular meeting of the Crystal Planning Commission convened at 7:00 p.m. with the following present: Davis, Graham, Krieger, Nystrom, Sears, Strand, and VonRueden. Also present were the following: City Council Laison Gary Joselyn, Planner Sutter and Community Development Assistant Matthews. B. ELECTION OF OFFICERS Commissioner Krueger nominated and Commissioner Nystrom seconded the nomination of Commissioner Richard VonRueden as Chair of the Planning Commission for the year ending December 31, 2004. Motion carried Commissioner Krueger nominated and Commissioner Nystrom seconded the nomination of Commissioner Todd Graham as Vice Chair of the Planning Commission for the year ending December 31, 2004. Motion carried. Commissioner Nystrom nominated and Commissioner Krueger seconded the nomination of Commissioner Stand as Secretary of the Planning Commission for the year ending December 31, 2004. Motion carried. C. APPROVAL OF MEETING CALENDAR AND APPLICATION DUE DATES Moved by Commissioner Krueger and seconded by Commissioner Nystrom to approve the meeting calendar and application due dates for 2004 with no exceptions. Motion carried. 11. APPROVAL OF MINUTES Moved by Commissioner Davis and seconded by Commissioner Nystrom to approve the minutes of the December 8, 2003 regular meeting and work session with no exceptions. Motion carried. Page 2 of 2 PUBLIC HEARINGS None F. OLD BUSINESS None G. NEW BUSINESS None H. GENERAL INFORMATION Planner Sutter spoke on General Information Item 43, the Crystal Heights staff recommendation. Planner Sutter stated that, if the EDA accepts the recommendation of staff, one of the things that would be necessary to do is a Comprehensive Plan amendment to guide the land use West of Regent Ave. for low density residential. Also, some of the property is owned by MNDOT and the city is waiting for that agency to move forward with turnback. Planner Sutter gave a preview of the February Planning Commission Agenda. There would be a Public Hearing regarding HAM radios and their antennas. Sutter stated that he will be meeting with resident Johansson and an attorney to talk about different options. This information will help staff draft proposed changes to the city code regarding this matter. Commissioner VonRueden stated that he would like to see more graphics to help explain this item at that meeting. Planner Sutter stated that it is clear to staff that they need to help the Commissioners visualize this information, 1-1. OPEN FORUM 1. ADJOURNMENT Moved by Commissioner Nystrom and seconded by Commissioner Krueger to adjourn. The meeting adjourned at 7:10 p.m. Motion carried. r-7) , L 1 Chair VonRueden CRYSTAL PLANNING COMMISSION MARCH 8, 2004 "k. CALL TO ORDER Page 1 of 4 The regular meeting of the Crystal Planning Commission convened at 7:00 p.m. with the following present: Davis, Graham, Krueger, Nystrom, Strand, VonRueden and Hester. Also present were the following: City Council Laison Gary Joselyn and Planner Sutter. Chair VonRueden welcomes new Commission member Jeff Hester, 5854 West Broadway (Ward 4). Discussion amongst Commission members as to how new members used to be sworn in by the chair. Staff was asked to check into it and report back next month. w APPROVAL OF MINUTES Moved by Commissioner Krueger and seconded by Commissioner Nystrom to approve the minutes of the January 12, 2004 regular meeting and work session with no exceptions. Motion carried C. PUBLIC HEARINGS Consider Application 2004-01 for a Zoning Ordinance text amendment to modify the use, height, setback and other similar regulations pertaining to antennas and towers for amateur radio operations licensed by the FCC. Planner Sutter explained that there are three basic options to present. There are unlimited potential permutations of these options which could also be considered. All three options would preserve the 75' maximum height. Option #1 — Status Quo. Make no changes; leave the Zoning Ordinance as it was recently adopted, including setback increasing with height for structures >50' high. Option #2 — Staff Recommendation. Eliminate height -based setback and replace it with a 20' setback with some exceptions. Option #3 — Mr. Johansson's Recommendation. Maintain height -based setback except reduce setback: height ratio from 1:1 to 1:2 and exempt all antennas from the height based setback (it would only apply to a tower). Staff recommends to continue the public hearing to the April 12th meeting. Secondly, to recommend Option #2; to proceed with drafting an ordinance implementing those changes in all zoning districts for consideration at the next Planning Commission meeting on April 12, 2004. Page 2 of 4 The following were heard: Anders Johansson, 8201 32nd Ave N., and Sean Stephenson, 5520 Yates Ave N. Also a letter was submitted to the Planning Commission from Frank Powers, 5356 Perry Circle, who could not attend the meeting. Johansson discussed his opposition to Option #2 that the city staff has recommended. He cited court cases (City of Mendota Heights MN, and the City of Burbank CA) in which accommodations were made to assist the average resident to achieve reasonable placement of an antenna on their property. Commissioner Nystrom stated that maybe our city attorney should look at the cited cases to see if any of it is applicable to what we are proposing here. She did not want to set the city up for a law suit. Commissioner Graham felt that we are not setting ourselves up for legal liability. People can sue the city over anything in a zoning code. At the end of this process we will have a very liberal policy as far as these antennas go. Commissioner Nystrom stated that she thinks Option #2 is good as proposed, but wonders about these legal verdicts saying we are supposed to provide reasonable accommodations. Planner Sutter stated as far as the issues of legal challenges, most cases involve height issues. Height restrictions do infringe on transmitter efficiency, and staff understands that. That is why staff wants to get away from the height -based setbacks. The reason staff came up with Option #2 is because it helps to focus on local aesthetics and expectations. That is an area where a court will give the city more leeway. It puts the burden back on the property owner to choose a property that fits their needs. Sutter went on to explain the benefits of Option #2. Sutter stated we will ask the attorney if there are any issues. Johansson stated it is not just heights. Other communities have just a 5' setback Chair VonReuden asked if there were any further comments, and then suggested closing the public hearing. Sutter stated he had passed out an updated agenda and asked that it be used instead, because it includes language for suggested motions. Sutter pointed out the option to continue the hearing until April, so staff can draft an ordinance. Moved by Commissioner Strand, seconded by Nystrom to continue the Public Hearing until the April 12, 2004 meeting. Motion carried. Motion by Nystrom, seconded by Krueger to direct staff to draft an ordinance implementing Option #2 as described in packet. Page 3 of d Davis moved to amend Nystrom's motion so the setback is 5' instead of 20'. Motion failed for lack of second. Motion by Graham, seconded by Davis, to amend Nystrom's motion so that the setback is 15' instead of 20'. Motion carried 4-3 with Davis, Graham Strand, Hester in favor, and VonReuden, Krueger, Nystrom opposed. Now voting on Nystrom's original motion to accept Option #2 as amended: Motion carried 5-2 with Davis, Graham, VonReuden, Strand and Hester in favor . Krueger, and Nystrom opposed. Sutter stated that staff will proceed with drafting an ordinance implementing Option #2, but with a 15' setback. If there are other questions staff will report back to the commission. Chair VonReuden expressed concern about tower material and how they relate to safety, and asked staff to report back at next meeting. L). OLD BUSINESS None NEW BUSINESS None V. GENERAL INFORMATION 1. Planning Commission roster as of February 18, 2004. 2. Updated meeting calendar for 2004. 3. Metropolitan Council Direction newsletter. 4. Staff preview of likely agenda items for April 12, 2004. *Possible conclusion of Ham radio antenna issue. *Public Hearing for Site Plan and Conditional Use Permit for new Forest Elementary School. G. OPEN FORUM None H. ADJOURNMENT Page 4 of'4 Motion to adjourn by Commissioner Krueger and seconded by Commissioner Nystrom to adjourn. Motion carried. The meeting adjourned at 8:30 p.m. Chair VonRueden ; Secretary Strand CRYSTAL PLANNING COMMISSION APRIL 12, 2004 A_ CALL TO ORDER Page 1 of 3 The regular meeting of the Crystal Planning Commission convened at 7:00 p.m. with the following present: Krueger, Nystrom, Sears, Strand, VonRueden and Hester. Also present were the following: City Council Liaison Gary Joselyn, Planner Sutter and Recording Secretary Matthews. B. APPROVAL OF MINUTES Moved by Commissioner Krueger and seconded by Commissioner Nystrom to approve the minutes of the March 8, 2004 regular meeting with no exceptions. Motion carried. C. PUBLIC HEARINGS Consider Application 2004-01 for a Zoning Ordinance text amendment to modify the use, height, setback and other similar regulations pertaining to antennas and towers for amateur radio operations licensed by the FCC. Planner Sutter explained that this item was continued from last month to allow staff time to draft a full ordinance for consideration, and also to look at some additional issues that have been raised. Since that time we have forwarded that information to the city attorney. To give the city attorney adequate time fro review, we have decided to ask for a continuance for an additional month. The current ordinance which was effective February 14 remains in effect. No members of the public offered any comments. Motion to continue the public hearing till next meeting, moved by Commissioner Nystrom, seconded by Commissioner Krueger Motion carried. Consider Application 2004-02 for a Conditional Use Permit and Site Plan Review to construct a new Forest Elementary School at 6800 47th Avenue North. Planner Sutter stated that staff is recommending approval, with conditions noted in the staff report. Most of the conditions are housekeeping items with fairly minor details. The proposed project again is pretty straight forward. It is the location of the former Forest Elementary School. For landscaping, there were three basic issues: the lack of irrigation of planting beds; lack of irrigation for trees; and additional landscaping for hard surface play areas. Chair VonRueden, asked if there are any other questions from the commission. There were none. Chair VonRueden then asked if there was someone from the district that would like to speak. Page 2 of 3 Jim Gerber of Robbinsdale Area Schools stated that, in regard to the irrigation issues and the trees, we will work together to come up with a plan that will result in a permanent long term solution. Educational buildings seem to be targeted by vandals, we try to move the trees and shrubs away from the building as much as possible so there is a clearer access to the building. Gerber also explained how hard surfaced play areas on the west side of building relate to other site features. Planner Sutter summarized the issues with lighting. Commissioner Kruger asked if there are any water problems with the land. Gerber stated that there were water issues with the original floor plan. The floor elevation on this building would be about one foot higher, so we will be improving drainage and bringing it away from the building. Commissioner Hester questioned the loading zone for the buses. Gerber explained the intent of the plan and traffic flow. Commissioner Nystrom questioned the number of bus trips per day. Gerber stated that the eight trips, each in the morning and the afternoon, was an historical high based on the old school. The building is designed for 450 to 550 students. Planner Sutter stated the number of buses should be no more than twenty bus trips per day total. The recommendation will be modified to reflect the new figure. Commissioner Kruger asked about the lighting. Planner Sutter explained the change is necessary to bring it into compliance. Gerber asked if there are any more questions from the commission. There were no more. Chair VonRueden stated this is a Public Hearing, and asked if there is anyone who wishes to speak to the issues. There were none. Moved by Commissioner Nystrom to close the Public Hearing and seconded by Commissioner Kruger. Motion carried. Moved by Commissioner Nystrom and seconded by Commissioner Kruger to recommend to the City Council to approve the Application 2004-02 for a Conditional Use Permit and Site Plan Review to construct a new Forest Elementary School at 6800 47'h Avenue North, including all the conditions that staff has put on page 5 and 6 of our report. Seconded by Commissioner Kruger. Motion carried. Planner Sutter stated that City Council would take this up on Tuesday the 201h at 7:00 PM. U. OLD BUSINESS None Page 3 af' 3 L. NEW BUSINESS None F. GENERAL INFORMATION 1. Updated Planning Commission roster (w/ correction from previous meeting). 2. Quarterly Development Status Report — period ending March 31, 2004. 3. Staff preview of likely agenda items for May 10, 2004. G. OPEN FORUM None H. ADJOURNMENT Motion to adjourn by Commissioner Nystrom and seconded by Commissioner Kruger to adjourn. Motion carried. The meeting adjourned at 7:50 p.m. ` ; cx-,-j-, A� Chair VonRueden CRYSTAL PLANNING COMMISSION MAY 10, 2004 A. CALL TO ORDER Page 1 of 4 The regular meeting of the Crystal Planning Commission convened at 7:00 p.m. with the following present: Davis, Krueger, Nystrom, Strand, and VonRueden. Also present were the following: City Council Liaison Gary Joselyn, Planner Sutter and Recording Secretary Matthews. R. APPROVAL OF MINUTES Moved by Commissioner Krueger and seconded by Commissioner Nystrom to approve the minutes of the April 12, 2004 regular meeting with no exceptions. Motion carried. C. PUBLIC HEARINGS Consider Application 2004-01 for a Zoning Ordinance text amendment to modify the use, height, setback and other similar regulations pertaining to antennas and towers for amateur radio operations licensed by the FCC. Planner Sutter explained that this item was again continued from last month to allow staff time to draft a full ordinance for consideration, and also to look at some additional issues that have been raised. Since that time we have drafted the ordinance and have had the city attorney review the draft. Staff and the city attorney are comfortable with the language in the ordinance. Chair VonRueden asked if there is anything discussing how wide the boom can be. Planner Sutter stated that the setbacks are the same whatever the lot width, so a wider lot could have longer booms. Chair VonRueden opened the Public Hearing. John Bellows stated he is an attorney that practices in St. Paul and the surrounding areas. His concerns are twofold. First being that federal regulations pre-empted municipality's ability to govern this issue. He wished that he had had the opportunity to speak to the city's attorney. PRB- 1 was issued in 1985 limiting municipalities to the minimum restrictions while still meeting the amateur HAM radio operator's needs. In 1987 the feds codified this order into Federal Regulations. In 1999 it was further modified by the FCC to reject the balancing test of community needs against amateur radio users needs by municipality's because FCC regulations already do this. Bellows stated that the ordinance is not reasonably drafted based on PRB-1. There is not one instance in which the old ordinance created a problem for the city. Bellows stated the City has showed that it is really only concerned about aesthetics, by the way the Page 2 of 4 ordinance is drafted. The city's staff has based its fact finding on the balancing test which is exactly what the FCC said a municipality couldn't do. Commissioner Davis expressed concern about the length of this process and the many prior opportunities for Mr. Bellows to participate. Bellows continued that his group did a preliminary study of the properties in Crystal that use HAM radios and 25% have less than a 70' lot line. The city can't just consider aesthetics. Planners are like judges, you can't tell them what is wrong. This is contrary to what the commission should be doing. Commissioner Kruger asked if a 15' setback would stop you from building an antenna. Bellows replied that yes it would keep me from building an effective antenna. Bellows went on to describe how radio frequencies and antennas relate. Anna Johansson approached the commission. Johansson stated that HAM radio operators provide a good service to the community. They would have to remove a very large tree in their backyard if this ordinance passes, and this would have a negative effect on their property. She supports her husband's hobby, it is a community service. This ordinance would take away a lot of natural screening from many properties. Mike Boulargin approached the commission stating that he wanted to amplify or echo what has been said. The current setbacks are 5' on either side. 5' seems reasonable 15' I don't understand that, it seems extreme. Thank you. Anders Johansson approached the commission He said they brought Mr. Bellows here because we thought he might be better able to communicate our concern about this ordinance. We provided the city with many ordinances from other cities that are not as restrictive. We do not support this ordinance. This ordinance would wind up destroying natural screening devices. HAM radio operators provide an important service to the community. The Twin Cities Marathon has become one of the best because we have operators at each mile marker reporting what is going on. This is not just a hobby. This is not just a group of people down in a basement. This is a group of people that provide an important service to the community. Commissioner Kruger asked Mr. Johansson if his neighbor was a HAM radio operator, then would you and he be able to adjust their property line to get the amount of rear yard that you need. Johansson replied that yes property lines have been adjusted successfully over the years for many different uses. Commissioner Davis thanked Johansson for his patience regarding this issue, and for helping to educate us. Bellows asked to speak again. Bellows stated that HAM radio operators do provide important services to the public. Bellows sited the terrorist attacks on 9/11 as an example. HAMs also assist with storm tracking and tornadoes. They provide a great service to the community/ Commissioner Davis suggested that both attorneys get together, and go through the ordinance. Chair VonRueden stated vote to close the Public Hearing. Davis no, Kruger yes, Nystrom yes, Strand yes, VonRueden yes. Page 3 of 4 Motion Carried Chair VonRueden asked Planner Sutter if he had anything to add. Planner Sutter that after communication with all concerned parties, and after exhaustive research, including research of the surrounding cities, staff found that there are many ordinances out there that are much more restrictive. The ordinance was drafted keeping in mind that it has to apply to all properties. An ordinance can't only address a specific property or only a few properties. Those particular properties that don't fit within a given ordinance have the ability to apply for a variance, and the reasonable accommodation standard to be used in this type of case is much lower than the undue hardship standard that is normally used in variance applications. Staff and the City Attorney are very comfortable with the language in the ordinance. Motion by Nystrom and seconded by Kruger to recommend to City Council to approve Application 2004-01 a proposed Zoning Ordinance Text Amendment modifying the use, height, setback and other similar regulations pertaining to antennas and towers for amateur radio operations licensed by the FCC — Option Two given by staff. Motion carried. Planner Sutter stated that the first reading would go to council on May 18, and that the 2°d reading would be on June 1St. Staff will provide council with background and commission minutes so they can be aware of the history of this drawn out issue. D. OLD BUSINESS None F:. NEW BUSINESS None '. GENERAL INFORMATION 1 _ 5756 Lakeland Ave will be on the agenda in June for site plan review. 2_ The 4100 Brunswick property will be replatted into 4 lots. The commission will consider the plat in June. There is a proposed Flood Plain map and ordinance that the commission will consider in June. [. OPEN FORUM N oltC H. ADJOURNMENT Motion to adjourn by Commissioner Nystrom and seconded by Commissioner Kruger to adjourn. Page 4 of 4 Motion carried. The meeting adjourned at 8:02 p.m. CRYSTAL PLANNING COMMISSION JUNE 149 2004 A. CALL TO ORDER Page l of S The regular meeting of the Crystal Planning Commission convened at 7:00 p.m. with the following present: Davis, Krueger, Nystrom, Strand, VonRueden, and Hester. Also present were the following: City Council Liaison Gary Joselyn, Planner Sutter and Recording Secretary Matthews. B. APPROVAL OF MINUTES Moved by Commissioner Krueger and seconded by Commissioner Nystrom to approve the minutes of the May 10, 2004 regular meeting with no exceptions. Motion carried. C. PUBLIC HEARINGS 1. Consider Application 2004-03 for Site Plan Review to construct a new 15,543 sq. ft. commercial building at 5756 Lakeland Ave N. Planner Sutter summarized the staff report and stated there is currently non acceptable landscape material and asphalt that both the current owner and the previous owner were made aware. The city would like to take this opportunity to correct these issues. Staff is comfortable with the revised landscaping plan and we ask that you incorporate this into your recommendations. The recommendations of staff is to approve the site plan as submitted but further modified by the revised landscaping plan. John Maer came forward and stated that he represents the owner and any questions could be directed to him. The only thing I have a question on is that the city is asking for a$30,000.00 retainer for a year, is the city paying interest on that? Planner Sutter stated yes. In addition, we would only hold the landscaping portion of that for an additional year, which would be $10,000.00, $20,000.00 of it would be returned upon completion of the project. Maer asked if there were any questions from the commissioners. Commissioner Strand asked if there were any potential tenants for the other spaces. Maer stated no, not at the moment. We do have a back up plan which could expand into an outlet, and there is a possibility of a rug store or a flooring store. Commissioner Sears asked what about the future scope of the City and the Highway 81 corridor, bus routes and mass transit are the setbacks sufficient? Planner Sutter stated that we have made the property owner aware of what could potentially occur. Commissioner Kruger asked about the rain runoff because there is no sewer there. Are we going to get more run off? Planner Sutter stated the project is actually reducing the hard surface area. Page 2 of 5 Because there will be a net reduction in impervious surface and because of the size of the site the Shingle Creek Watershed has waived any review requirements. For that reason there is no on site ponding required. Moved by Commissioner Nystrom and seconded by Commissioner Kruger to close the Public Hearing. Motion carried. Moved by Commissioner Kruger, seconded by Commissioner Nystrom to recommend to City Council to approve Application 2004-03 for Site Plan Review to construct a new 15,543 sq. ft. commercial building at 5756 Lakeland Avenue North. Findings of fact and conditions are stated in the staff report. Moved by Commissioner Kruger, seconded by Commissioner Nystrom. Motion carried. 2. Consider Application 2004-04 for Variance to increase the maximum rear yard structure coverage at 5013 Welcome Avenue North from 40% to 52%. Planner Sutter summarized the staff report and stated our ordinance has maximum percentages of what rear yards that can be covered by all structures and pavement. This particular property is over 60% approaching 70% coverage right now. It is staff's opinion that the variance is warranted in this instance to allow for more coverage to access both garages. The 40% coverage would not be adequate to do that. They have submitted a request to bring it down to 52% reduction. However, staff feels it would be possible to achieve access with 50%. Staff recommends approval at 50%. It wouldn't have to be this exact layout out as long as the 50% guideline was followed. Commissioner Kruger asked why does the square footage exceed the footprint of the house? Planner Sutter stated that while the pavement is not grandfathered in, unfortunately staff at the time approved the permit for a garage over 1000 square feet. This would not be allowed with the current ordinance. Commissioner Sears asked why is there such a big apron on the west side, what is the point if the pavement? Planner Sutter state that is one of the reasons why staff is asking that they downsize the hard surface to get down to the 50%. Chair VonReuden stated that this is a Public Hearing is there anyone that would like to speak to the issue? Carol Johnson, owner of 5013 Welcome, said they don't agree with the design that the city proposed. Chair VonRueden asked were you aware when you bought the property that you would have to bring this into compliance, are you willing to get down to the 50%? Johnson stated she thought the 52% was good enough but apparently not. Johnson stated the City's time limit is fine. Chair VonRueden asked if there was anyone else that would like to speak to this issue. Page 3 of S Moved by Commissioner Nystrom, seconded by Commissioner Krurger to close the Public Hearing . Motion carried. Moved by Commissioner Davis seconded by Commissioner Kruger to recommend to City Council to deny Application 2004-04 for a Variance to increase the maximum rear yard structure coverage at 5013 Welcome Avenue North from 40% to 52%. Motion carried. Moved by Commissioner Davis and seconded by Commissioner Sears to recommend to the July 6th City Council to approve Application 2004-04 to increase the maximum rear yard structure coverage for 5013 Welcome Avenue North from 40% to 50 % Motion carried. 3. Consider Application 2004-05 for a Zoning Ordinance text amendment to revise Subsection 515.61 (Floodplain Overlay), including adoption of new Flood Insurance Rate Maps. Planner Sutter summarized the staff report and stated that FEMA restudied Bassett Creek, and as part of their study they have revised their boundary maps for flood hazards. The remapping did remove approximately 30 properties that were previously in Zone A, they were moved out of the flood zone. There were about 10 properties in the city that were not in the flood zone that are now in the flood zone. In addition to this the City is being required by FEMA and the State to replace subsection 515.61 of the zoning code which is the flood plain management section with all new language to meet federal and state standards. Staff recommends that we adopt the new ordinance text and new flood plain maps A resident (name unknown) expressed concerns over the insurance requirements and costs. Planner Sutter explained that flood insurance is not required by law. The city feels obligated to adopt this for the reason that the city would get kicked out of the federal insurance program Mary Luttonmier from 3260 Brunswick said her home is the last one on the hill, there are homes across from her that are actually on the riverbank, why is she now in the flood zone? Planner Sutter responded that there is a process that you can go through to determine if an error has been made involving your property. However, we can not hold up adopting this ordinance. Ken Hyle from 32nd Ave N expressed his concern about the changes. Robert (last name unkown) from 3248 Brunswick expressed his opposition to the changes. Paul Kapesky from 5409 45`h Place expressed his concerns about the changes. Chris Wosley from 3940 Edgewood Ave expressed his concerns about the changes. Randall Bergquist from 6408 42nd asked how high does it have to get before its pumped? Planner Sutter stated that that question should be directed to the City Engineer. Shantell Sumner from 3259 Brunswick stated she wanted to build a bigger house, and said she doesn't have any incentive to do so now. Elaine Erickson from 6914 42nd expressed her concerns about the changes. Page 4 of S Peggy (last name unknown) from 3254 Brunswick Ave N expressed her concerns about the changes. Al Jurdeky from 4401 Louisiana Ave N said he received assistance from FEMA in 1987. Jan Jorgenson 4400 Louisiana Ave N expressed her concerns about the changes. Tony (last name unknown) from 3301 Brunswick expressed his concerns about the changes. Bob Bender expressed his concerns about the changes. Steve Gaberr from 3254 Brunswick expressed his concerns about the changes. Motion by Commissioner Nystrom, seconded by Commissioner Kruger to close the Public Hearing. Motion carried. Moved by Commissioner Nystrom and seconded by Commissioner Davis to recommend to the City Council to approve Application 2004-05 for a Zoning Ordinance text amendment to revise Subsection 515.61 (Floodplain Overlay), including adoption of new Flood Insurance Rate Maps. Motion carried. Chair VonRueden stated that Tom Mathisen the City Engineer is best equipped to answer questions regarding the new flood plain. 4. Consider Application 2004-06 for Preliminary Plat of Brunswick Fields (currently 4120, 4130 and 4140 Brunswick Avenue North) to create four lots for a new house construction. Planner Sutter summarized the staff report and stated that these are currently lots that are occupied by older homes. They are all functionally obsolete. Two of them were certainly blighted. The EDA has acquired the properties for redevelopment, and is proposing that the three lots get replatted into four lots. Commissioner Kruger asked if any trees would be removed for this project. Planner Sutter stated that some would be removed but there will also be some bigger trees that stay. Chair VonRueden asked if anyone else would like to speak to this issue this is a Public Hearing. Scott (last name unknown) asked how long the EDA had these lots and how did you manage to get four in a row? Planner Sutter explained how the lots were acquired. Moved by Commissioner Kruger, seconded by Commissioner Nystrom to close the Public Hearing. Motion carried Moved by Commissioner Nystrom and seconded by Commissioner Davis to recommend to City Council to approve Application 2004-06 for Preliminary Plat of Brunswick Fields (currently 4120, 4130 and 4140 Brunswick Avenue North) to create four lots for new house construction. Findings of fact and conditions of approval are summarized in the staff report Motion carried Page 5 of 5 I). OLD BUSINESS Chair VonRueden confirmed that we all got a copy of the memo concerning Todd Graham's resignation. Commissioner Kruger asked what do we do about a vice chair. Chair VonRueden stated we can do this tonight elect a new vice chair. Planner Sutter stated we can do that at the next meeting and add it to the agenda V. NEW BUSINESS None 11'. ADJOURNMENT Motion to adjourn by Commissioner Nystrom and seconded by Commissioner Strand to adjourn. Motion carried. The meeting adjourned at 9:05 p.m. Chair VnnRner1en CRYSTAL PLANNING COMMISSION SEPTEMBER 13, 2004 ik. CALL TO ORDER Page I of 5 The regular meeting of the Crystal Planning Commission convened at 7:00 p.m. with the following present: Whitenack, Davis, Krueger, Nystrom, VonRueden, Hester, and Sears. Also present were the following: City Council Liaison Joselyn, Planner Sutter and Recording Secretary Matthews. B ELECTION OF OFFICERS Nystrom nominated and Davis seconded the nomination of Ed Kruger for Vice Chair of the Planning Commission for the year ending December 31, 2004. Motion carried C. APPROVAL OF MINUTES Moved by Commissioner Krueger and seconded by Commissioner Nystrom to approve the minutes of the June 14, 2004 regular meeting with the corrections mentioned by Council Liaison Jocelyn. Motion carried. 1). PUBLIC HEARINGS 1. Consider Application 2004-07 for a Conditional Use Permit to relocate the Highview Alternative Program to the former Cavanagh Elementary School at 5400 Corvallis Avenue North. Planner Sutter summarized the staff report and stated the use of the school changed after approximately 1976. Staff recommends a temporary conditional use permit subject to the conditions outlined in the staff report to be reviewed in one year. Chair VonRueden expressed his concerns about the parking deficiency. Commissioner Kruger asked if children could be dropped off on the south side of the school. Kruger also stated that he would like no parking signs on both sides of 51St for the children safety. Commissioner Hester asked what would happen at the end of the first year trial. Planner Sutter explained that the district could request a one year extension and the city would provide notice in the same manner, waving the application fee except for the publication and mailing costs. Page 2 of 5 Chair VonRueden asked about the timeframe of the Hennepin County Highway 81 construction project. Planner Sutter summarized the work up to this point in time and said that future steps are unknown because Hennepin County has halted design work on County Road 81 North of Highway 100. Thomas Walerius, the representative for School District 281 came forward. Chair VonRueden asked about the parking issue and if the school district can do anything to alleviate it. Mr. Walerius replied that the district could limit the number of students driving and alter the other programs schedules to help ease the parking. Commisioner Nystrom expressed her concerns about the noise that buses make in residential neighborhoods. Gordon Willey of 5116 Toledo Avenue stated his concerns about the traffic and parking. Carol Willey of 5116 Toledo Avenue stated her concerns and the need for safer access for the children. Tim Formo of 5116 51 S` Avenue expressed his concerns about the age group of the people who will be driving. Also, the possibility of increasing parking spaces and taking away the green is not something he approves of. Elmer Neubarth of 5313 Corvallis Avenue expressed his concerns about parking, and young people driving. Mark Melin of 5309 Fairview Ave N stated that he has the same concerns that other people have already stated. He also stated that he has a concern about raising crime rates. Commissioner Kruger asked if this was a program that ran year round. Mr. Walerius stated that it is a year round program but the other programs are not. Commissioner Davis asked if the district could tell us why this site was chosen. Mr. Walerius stated there are several reasons, one is the process of elimination, other sites need to be determined if they are going to be kept or not. Until District 281 reorganizes, we won't know the direction the board is going. At that time we will evaluate again and decide on an alternative space. Moved by Nystrom and seconded by Kruger to close Public Hearing. Motion carried. Moved by Davis and seconded by Hester to recommend to the City Council to approve Application 2004-07 for an interim, temporary Conditional Use Permit to relocate the Highview Alternative Program to the former Cavanagh Elementary School at 5400 Corvallis Avenue North, including the conditions recommended by staff with the following changes: Page 3 of S Highview buses shall circulate on-site by using the north parking lot for pick-up and drop-off and returning directly to County Road 81 on 51S` Avenue. The city will hold another public hearing with similar notice at such time the district requests extension of the C.U.P. If parking becomes a problem, the city may require the district to implement a student parking permit system for Highview. Moved by Krueger and seconded by Sears to amend the motion to add a recommendation that parking be prohibited on the south side of 51 s` as well. Motion failed 1-6 with Krueger voting aye and Davis, Hester, Nystrom, Sears, VonRueden and Whitenack voting nay. Now voting on the original motion by Davis: Motion carried 5-1-1 with Davis, Hester, Sears, VonRueden and Whitenack voting aye, Nystrom voting nay, and Krueger abstaining #2 Consider Application 2004-08 for an amendment to the Comprehensive Plan to implement the TH 100 Study Group recommendations and eliminate the Public/Institutional classification from the Future Land Use Map. Planner Sutter summarized the staff report and stated that MNDOT can dispose of this surplus property in two ways. MNDOT can either do a turnback or a reconveyance. The proposed Comp Plan Amendment would guide based on the study group's recommendations. Chair VonRueden asked about the letter that City Engineer Mathisen had written. Planner Sutter replied that a copy of that memo is provided in the staff report. Bill O'Reilly of 3124 Welcome expressed his support for a trail in area 6 and is in position to the possibility of redevelopment. His concern was that it remain low density if it is developed. O'Reilly stated that he is a Park & Recreation commissioner. He has seen a change in what people want. He would like to see a dialogue started with the Three Rivers District to join with them and use the area wisely. Tom Hawes of 3100 Welcome expressed his concerns and asked if it would be ok to read a letter out loud. Hawes passed a copy of the letter to the commission members and John Sutter. Hawes read the letter aloud. The letter expressed thanks in the care and professional process that was used in handling the excess land left by the TH 100 project. Brenda Devine of 3512 Welcome stated her comments are about areas 6 and 8 and the inability to get in and out of the area easily. She expressed her concerns that Police and Fire didn't even know that this strip of land (area eight) existed and that they stated that no one patrols this area. She is concerned about safety issues and no supervision. Joyce Johnson of 3616 Welcome asked why medium density vs. low density and what is allowed besides townhouses in medium density areas. Page 4 of S Pam Brown of 3444 Welcome has concerns about 2, 3 and 8. She stated she has concerns about putting more homes into those areas, because of the difficulty getting in and out of her neighborhood since Cub Foods and the Highway 100 project have been finished. The area has not been maintained at all and Brown feels that trails would not be maintained either. Brown also stated that there are safety issue with the steep embankment that is behind her property abutting on of these areas. Tom Hawes stated that they have been working hard to get the zoning changed for these areas, and wanted to know what would take place if redevelopment was decided for this area. Ken Devine of 3512 Welcome expressed his concerns about the zoning for medium density and low density and how many units each could create. Devine also stated that they are the only block in the state that has a service road in front of their house. We gave that right up, and we ask for consideration for this reason. Lynn Becker of 5530 32nd Ave N stated she would like to see a park and trail system where these properties are. Monica Falls (address unknown) expressed concern over the sound quality, and how the quality of the sound has decreased since Cub went in and all the trees were removed. She stated that she would rather have low density and have a lot of trees replanted to help restore the sound quality. Richard Hanley expressed his concerns about who is supposed to take care of this property and who owns it now. Moved by Commissioner Nystrom and seconded by Commissioner Kruger to close the Public Hearing. Motion carried. Motion by Davis and seconded by Sears to recommend to the City Council to approve Areas 1 a, lb & 9 as part of Application 2004-08 for an amendment to the Comprehensive Plan to implement the recommendations as outlined in the staff report. Motion carried Motion by Kruger, seconded by Nystrom to continue Areas 2-8, the west side of highway 100 properties, to the October 111h , 2004 meeting. Motion carried 4-3 with Kruger, Nystrom, VonReuden, and Hester in favor and Davis, Sears and Whitenack opposed. Motion by Nystrom , seconded by Davis to recommend to the City Council to approve the part of Application 2004-8 eliminating the Public/Institutional classification. Motion carried Page 5 of 5 #3 Consider Application 2004-09 for a Zoning Ordinance Text Amendment to add a non- conforming uses section that complies with a recently adopted state statute. Planner Sutter summarized the staff report. Motion by Nystrom, seconded by Sears to approve Application 2004-09 for a Zoning Ordinance text amendment to add a non -conforming uses section that complies with a recently adopted state statute. Motion carried. L:. OLD BUSINESS None F. NEW BUSINESS None G. GENERAL INFORMATION Planner Sutter outlined what was likely to be on the agenda for the October 11, 2004 meeting. H. ADJOURNMENT Motion to adjourn by Commissioner Sears and seconded by Commissioner Nystrom to adjourn. Motion carried. The meeting adjourned at 9:50 p.m. d,�r— Chair VonRueden CRYSTAL PLANNING COMMISSION OCTOBER 11, 2004 .k. CALL TO ORDER Page I of 8 The regular meeting of the Crystal Planning Commission convened at 7:00 p.m. with the following present: Atkinson, Davis, Krueger, Nystrom, VonRueden, Hester, Sears, and Strand. Also present were the following: City Council Liaison Joselyn, Engineer Mathisen, Community Development Director Peters, Planner Sutter, and Recording Secretary Matthews. 11 APPROVAL OF MINUTES Moved by Commissioner Krueger and seconded by Commissioner Nystrom to approve the minutes of the September 13, 2004 regular meeting. Motion carried C. PUBLIC HEARINGS 1. Consider Application 2004-10 for Rezoning to PD Planned Development and a Preliminary Plat for an 18 unit townhouse development at 3148 Douglas Drive North. Planner Sutter summarized the staff report and stated that staff recommends approval with the requirements that are outlined in the report. Chairman VonRueden expressed his concerns about the soil deficiency. Commissioner Kruger questioned whether a sump pump would be provided for the basements, and also expressed his concerns about the drainage in that area. Planner Sutter and Engineer Mathisen replied that drain tile is routinely used in building now and the use of sump pumps would be up to the developer. Developer Michael Thomas from the project stated that yes they would certainly use drain tile systems and would use sump pumps too if necessary. Commissioner Sears expressed his concerns about the level of the pond and the level of the basement of unit #18. Chair VonRueden opened the Public Hearing Resident John Rock, of 3200 Colorado expressed his concerns about the soil quality, past floods and the water levels. He also expressed concerns about the timeframe of the project and the price range of the units. Engineer Mathisen gave detail on the flood plain in that area and the different elevations. Resident Adella Merchant of 3140 Douglas Drive expressed her concerns about the private driveway for this development running right along side her property line. Planner Sutter stated that maybe a different design with the driveway and garages on the other side or possibly a Page 2 of 8 buffer like a fence could be used. Planner Sutter suggested that communication between Merchant and the Developer should take place. Resident Bill O'Reilly of 3124 Welcome stated his concerns about multi family developments on Douglas Drive. He also expressed concerns about traffic, and whether the units will be owner occupied. Resident Ken Divine of 3512 Welcome Ave N expressed his concerns about traffic that this development would generate. Chair VonRueden stated his concerns about the soil quality tests and when would the results be known. Project Manager Mike Brandt stated that changes would be made accordingly depending on the results of the soil tests. Commissioner Sears questioned the level of the basement in unit #18. Commissioner Atkinson asked how many attached units are allowed in a single building by code. Project Manager Mike Brandt stated that they looked at different configurations and that this particular configuration made the most out of this particular property. Resident Frank Caruso of 3235 Brunswick Ave N stated that he did not like this type of development and thinks it should be thought through more carefully especially with the drainage issues. Chair VonRueden closed the Public Hearing. Chair VonRueden asked if the soil tests come back inadequate and the building design needs to change, would this come back to the Planning Commission. Planner Sutter replied that if that happened then it would come back to the Planning Commission. Engineer Mathisen stated that there was a property on Adair some years ago that had very poor soil conditions and those were remedied. Commissioner Sears expressed his concerns about the water level and unit #'s 18, 17, and possibly 16. Commissioner Nystrom expressed her concerns about how the development looks, and that the city doesn't need more developments like this along Douglas Drive. Resident O'Reilly also expressed his concerns about the types of properties along Douglas. Chair VonRueden stated that he wants communication between the developer and Resident Merchant. Moved by Davis and seconded by VonRueden to recommend to City Council to approve Application 2004-10 for Rezoning to PD Planned Development and a Preliminary Plat for a 18 unit townhouse development. Page 3 of 8 Motion failed 5-3 with Sears, Nystrom, Kruger, Atkinson, and Strand voting nay and Davis, VonRueden, Hester voting aye. Moved by Commissioner Atkinson seconded by Commissioner Kruger to continue Application 2004-10 to the next meeting with the following points being looked at: the aesthetic value, orientation of units, the density, and the water levels. Motion carried 5-3 with Sears, Nystrom, Kruger, Atkinson, and Strand voting Aye, and Davis, VonRueden, and Hester voting nay. 2. Consider Application 2004-11 for Lot Division at 6517 41S` Ave N to detach the south 135 feet and incorporate it into the adjacent Hagemeister Pond Park. Planner Sutter summarized the staff report Resident O'Reilly expressed that he is happy with staff's recommendations. Resident Dick Snell of 4036 Hampshire Ave N asked about the shed on the property. Planner Sutter stated that staff is looking into what to do with the shed. Chair VonRueden closed the Public Hearing. Motion by Sears and seconded by Nystrom to recommend to City Council to approve Application 2004-11 for Lot Division at 6517 41 S` Ave N to detach the south 135' and incorporate it into the adjacent Hagemeister Pond Park Motion carried. 3. Consider Application 2004-12 for a Zoning Ordinance text amendment to modify regulations governing driveways, curb cuts, and related matters. Planner Sutter summarized the staff report, and stated that this is what council and staff have drafted to present for changes. Planner Sutter presented a drawing of what could be done according to the old code and what is allowed if the changes are adopted. Chair VonRueden ask if both auxiliary spaces could be on one side or each side of the driveway. Planner Sutter replied that yes there could be different configurations but only one side would be allowed to taper into the boulevard. There are exceptions if there are setback or topographic issues with the property. Commissioner Nystrom asked for clarification on the size of the curb cut and the width of the driveway with homes that have single garages. Planner Sutter explained the proposed changes and how they differ from the original code. Planner Sutter stated that these changes are the direction of the council. Commissioner Kruger asked how far from the side lot line can the auxiliary space be. Planner Sutter replied the auxiliary space can be 10 feet from the next adjacent living quarters. Page 4 of 8 Commissioner Davis asked if this change will address the problems of the construction areas, and the concerns that the citizens brought forward. Planner Sutter stated he could not answer that question because he was not part of the discussions that took place when the residents were present, but it would be reasonable to assume that some residents would feel their concerns were addressed and others would not. Chair VonRueden opened the Public Hearing Engineer Mathisen stated that he could answer Commissioner Davis' question. He was involved in a lot of the discussions and meetings with the council and staff to come up with this recommended change. He is not aware of anyone left with a single car garage that is still upset. A mailing went out to the public regarding the proposed changes and most of the residents seem pleased with the changes. The last area of Phase 6 was implemented using this change and residents seem pleased. There are still some properties that have to be dealt with. Commissioner Kruger asked if recreational vehicles could be parked on the auxiliary space. Planner Sutter stated that the zoning code doesn't address the parking of recreational vehicles. Those types of things are addressed in the RV code. Resident Bonnie Bolash of 4060 Hampshire handed packets of information to the commission members. Bolash expressed her opposition to the 16 foot curb cut, and said the code has been on the books for some time and has not been enforced. She said surrounding cities have larger curb cuts, and mentioned that everyone paid the same assessment so those with smaller garages are subsidizing those with larger garages. Bolash cited the 14th Amendment; and asked the commission to disregard these changes and take a look at the history of the past twenty years to come up with something that would be equal and fair to everyone. She felt that a 24 foot curb cut would be reasonable. Commissioner Davis asked what Bolash's recommendation was. Bolash replied that this should be denied and to look at the last twenty years to come up with a code that is consistent with the surrounding cities and is fair to others. Commissioner Sears stated that the city and the commission has been concerned about hard surface coverage for quite some time and that is why driveways are regulated. Engineer Mathisen stated that in Phases 1-5 of the Street Projects the issues of driveways weren't addressed. Council would have to decide whether we go back and fix.those in Phase 6 that were corrected based on current code. Chair VonRueden closed the public hearing. Chair VonRueden asked if you have a single car garage, and you expand to a double garage can you increase the curb cut size. Planner Sutter stated that yes the curb cut can be increased at the property owner's expense. Commissioner Davis stated that really the city isn't limiting the hard surface driveway. Page S of 8 Planner Sutter stated that ideally a community would want the least amount of curb cuts for safety and other reasons. These changes recognize there is a built-in hardship for single car garages. Commissioner Davis stated that maybe the commission should standardize the curb cut size to 22 feet with a single or double garage plus one auxiliary space. Engineer Mathisen stated that his concern is with more pavement in the boulevard area which would allow more parking in the boulevards, which creates a code enforcement issue. Commissioner Nystrom expressed her concerns about a 16' curb cut and what would happen to those who have a wider curb cut after they have been there for over 40 years. Engineer Mathisen stated that there really aren't very many homes that this affects. Throughout the project area there just weren't very many at all. Commissioner Atkinson questioned the number of cars that are allowed to park in a driveway. Planner Sutter stated the maximum number of cars that are allowed to park in the driveway are four. Commissioner Strand stated she wanted to understand what was really the problem with Phase 6. Engineer Mathisen explained that with Phase 6 the city was not going to violate its own code. Chair VonRueden asked if these changes were arrived at by council with drawings and discussions involving staff and the public. Sutter said that, after meeting with some residents, Council members recommended the general concept of the changes and the final draft was prepared by staff. Commissioner Davis asked how many single car garages there are in Crystal. Planner Sutter stated that staff does not have that number and answering that question would be a huge project to undertake. Engineer Mathisen stated that he thinks Phase 6 houses are representative of the ratio for the rest of Crystal. Planner Sutter stated that approximately 20% of the driveways in Phase 6 were non -conforming. Most of that 20% were single car garage driveways and most would be in conformance with this change. Commissioner Nystrom stated she doesn't agree with 22 feet and the proposed changes. Engineer Mathisen stated that 22 feet is adequate. If you have more than that you are encouraging parking violations, and code enforcement issues. Chair VonRueden expressed his concern that if there is an overabundance of parking area with an older city the homes eventually become rental properties and this encourages more cars parking and code enforcement problems. Commissioner Kruger asked if there had been any variances applied for in the last few years. Planner Sutter that yes there was one in the summer of 2003, a corner property on Elmhurst. They asked for a variance to take two auxiliary spaces right down to the curb, across the boulevard, that request was denied. The principle of curb cut and driveway width being based on garage size was upheld by the Planning Commission and Council. Page 6 of 8 Commissioner Atkinson asked if the 22 foot driveway would be adequate for two cars. Chair VonRueden stated that the average double car garage door is 16 feet. Bolash asked what would happen to all these people who have driveways that are nonconforming. Planner Sutter stated there are two issues here. One is that permits have been issued over the years in compliance with the code. There may have been some mistakes made but generally permits have been issued in accordance with the code. Secondly, in Phases 1-5 there were not any permits issued. When people privately come in as they are supposed to do to get a driveway permit, they have been consistently required to comply with the code. Commissioner Kruger stated he has a 16 foot driveway, and has had that for many years. Providing more parking area will create parking problems. Motion by Chair VonRueden seconded by Commissioner Sears to approve Application 2004-12 for a Zoning Ordinance text amendment to modify regulations governing driveways, curb cuts, and other related matters Commissioners Sears, Davis, VonRueden, Kruger, Hester, Atkinson, and Strand voting aye. Commissioner Nystrom abstaining. Motion carried L. OLD BUSINESS 1. Consider Application 2004-08 for an amendment to the Comprehensive Plan to implement the TH 100 Study Group recommendations for the west side of Highway 100. (Item continued from September 13, 2004 meeting) Planner Sutter summarized the staff report. There is no additional information from staff but Engineer Mathisen is here to answer any questions. Commissioner Kruger stated he viewed the property today and he is in approval of the recommendations. Chair VonRueden asked for an overview from Engineer Mathisen of the proposed trail system. Engineer Mathisen summarized the 3 Rivers Trail Plan from August of 2000. He stated that this is the last portion of the trail to be built. Commissioner Davis expressed his concerns of the residents from the last meeting about maintenance and construction. Engineer Mathisen stated that the trail would be built next year. Commissioner Atkinson asked if Parcel 6 was discussed as park area. Planner Sutter stated the study group was unanimous that it should be low density residential, and the trail corridor can be preserved as part of that. Resident Pam Brown of 3444 Welcome stated her concerns about maintenance and safety. Engineer Mathisen stated there shouldn't be safety issues, this area will be patrolled. Page 7 of 8 Resident Bill O'Reilly of 3124 Welcome asked who has the right to first refusal. Planner Sutter explained the process that MNDOT would use. Resident Bill O'Reilly of 3124 Welcome stated that 51% of the residents want an arboretum, and they would like to see talks with the 3 Rivers District about this, noise and other issues. Engineer Mathisen stated that the land would have to be purchased from MNDOT by the district. Planner Sutter stated that Parcel 6 is the largest developable property and it is unlikely that this parcel would just get turned back to the city or 3 Rivers for free. Resident Thomas Hawes of 3100 Welcome Ave stated his concerns that the study group did recommend low density and he would like to see this density limited to 6 units, and a park area. Planner Sutter stated that particular language is in the recommendations. Resident Ken Devine of 3512 Welcome Ave stated that he would love to see a park area on Parcel 6. Also, residents abutting Parcel 8 were told back in 1997-1998 that the area back there would not be hard surfaced — that was part of selling the idea to them. Commissioner Davis asked what his recommendation was. Devine stated that he does not want to see a hard surface area back there. Resident Lynn Becker of 5530 32"d stated she is opposed to medium density on Parcel 5. Resident Joyce Johnson of 3165 Welcome asked where the city would put the former Hwy 100 pedestrian bridge. Engineer Mathisen said the City is not sure, but most likely somewhere on CR81 not on 36`h Avenue. Resident Pam Brown of 3444 Welcome stated her concerns about the grading, and if it could be changed. Engineer Mathisen said it is determined by the noisewall. Chair VonRueden closed the public hearing. Commissioner Davis asked what is the feeling of his fellow commissioners is on this matter. Chair VonReuden stated his preference would to approve this as a whole, following the staff's recommendations. Commissioner Sears reviewed various opinions about parcels 2 through 8. Commissioner Davis stated his concerns about the trail and the concerns expressed by the residents. Moved by Sears and Kruger to recommend to the City Council to approve Application 2004-08 for an amendment to the Comprehensive Plan to implement the TH 100 Study Group recommendations for the west side of Highway 100. Motion carried F. NEW BUSINESS None G. GENERAL INFORMATION Page 8 of 8 Planner Sutter previewed anticipated items for November 8th Planning Commission meeting. H. ADJOURNMENT Motion to adjourn by Commissioner Davis and seconded by Commissioner Nystrom to adjourn. The meeting adjourned at 10:05 p.m. f 11"� -C�e CL Chair VonRueden Secretary Strand Motion carried. CRYSTAL PLANNING COMMISSION NOVEMBER 8, 2004 A. CALL TO ORDER Page I of 3 The regular meeting of the Crystal Planning Commission convened at 7:00 p.m. with the following present: Sears, Davis, Nystrom, Whitenack, VonRueden, Kruger, Hester, and Strand. Also present were the following staff: Planner Sutter and Recording Secretary Matthews, B. APPROVAL OF MINUTES Moved by Commissioner Krueger and seconded by Commissioner Nystrom to approve the minutes of the October 11, 2004 regular meeting. Motion carried C. PUBLIC HEARINGS 1. Consider Application 2004-13 for Lot Division at 6401 41St Avenue North to detach approximately the south 317 feet and incorporate it into the adjacent Hagemeister Pond Park. Planner Sutter summarized the staff report, and stated that the survey has not been completed in time for this meeting. Staff requests that the public hearing be opened and the item be continued to the next meeting. Public Hearing opened. No one spoke. Public Hearing closed. Moved by Commissioner Davis and seconded by Nystrom to continue until the December 13th 2004 meeting, Application 2004-13 for Lot Division at 6401 41St Avenue North to detach approximately the south 317 feet and incorporate it into the adjacent Hagemeister Pond Park. Motion carried. Commissioner Atkinson arrived at 7:05 p.m. 1). OLD BUSINESS 1. Consider Application 2004-10 for Rezoning to PD Planned Development and a Preliminary Plat for an 18 unit townhouse development at 3148 Douglas Drive North. Page 2 of 3 Planner Sutter summarized the staff report and the changes that the builder and staff came up with since the October 11 `h meeting. Staff recommends approval with the requirements that are outlined in the report. Public Hearing opened. No one spoke. Public Hearing closed. Commissioner Kruger asked about the buffer between the site and the next door residential property. Builder came forward and stated that they have communicated with the owner of the house and have agreed upon putting up a six foot high wood or vinyl fence, which is what the owner wanted. Commissioner Sears asked if a fence would be adequate to block out headlights, and maybe trees or bushes would be a better choice. The builder indicated they would put up whatever would make the home owner and the city happy. Planner Sutter stated that the grade of the property is essentially flat so the six foot high fence would provide adequate screening. Commissioner Nystrom questioned what type of garbage service the units would have. Builder stated that the units would have individual garbage service that is contracted through the townhouse association. Commissioner Kruger questioned the fire sprinkler systems and would they include the garages. Builder stated that yes the sprinkler system would include the garages. Commissioner Strand complimented the builder on the changes that were made. Builder stated that they were very happy with the changes and that they had a lot of input from staff and appreciated their help. Moved by Atkinson and seconded by Nystrom to recommend to the City Council to approve Application 2004-10 for Rezoning to PD planned Development and a Preliminary Plat for an 18 unit townhouse development at 3418 Douglas Drive North. Motion carried. E. NEW BUSINESS F. GENERAL INFORMATION Planner Sutter stated that no applications for the December 13`h meeting have come in yet. The deadline is still a week and half away. Commissioner Davis requested that if nothing else comes in for the December meeting could the Planning Commission postpone the continuation of Application 2004-13 until the January meeting. Planner Sutter stated that staff would note that suggestion. Staff does not know if there Page 3 of 3 is a deadline that the homeowner of 640141" Avenue North is trying to make. Staff would determine if a meeting is necessary and communicate this to the commissioners. Planner Sutter introduced Jason Zimmerman as Crystal's new Code Enforcement/Zoning Administrator. G. OPEN FORUM H. ADJOURNMENT Motion to adjourn by Commissioner Whitenack and seconded by Commissioner Nystrom to adjourn. Motion carried. The meeting adjourned at 7:24 p.m. Chair VonRueden CRYSTAL PLANNING COMMISSION December 13, 2004 A. CALL TO ORDER Page I of 6 The regular meeting of the Crystal Planning Commission convened at 7:00 p.m. with the following present: Sears, Nystrom, Whitenack, VonRueden, Krueger, Hester, Atkinson, and Strand. Also present were the following: Planner Sutter and Recording Secretary Matthews. City Council Liaison Joselyn (arrived at 7:03 p.m.). B. APPROVAL OF MINUTES Moved by Commissioner Krueger and seconded by Commissioner Nystrom to approve the minutes of the November 8, 2004 regular meeting. Motion carried C. PUBLIC HEARINGS 1. Consider Application 2004-14 for a Conditional Use Permit for automobile repair -major at Asia Auto Center, 5264 West Broadway. Planner Sutter summarized the staff report and stated that staff recommends approval with a stipulation that the business may not operate before 6:00 a.m. or after 9:00 p.m. The applicant stated that they were looking forward to a positive comment from the commission. Public Hearing opened No one spoke. Public Hearing closed Moved by Commissioner Nystrom and seconded by Strand to recommend to City Council to approve Application 2004-14 for a Conditional Use Permit for automobile repair -major at Asia Auto Center, 5264 West Broadway. Motion carried. 2. Consider Application 2004-15 for Variances to reduce the front and side setbacks at 4628 Hampshire Ave N. Planner Sutter summarized the staff report. Staff recommends not approving this application. The building permit that was issued indicated that there was a 34' setback on from the front lot line, 30' was required. It was actually built 20' from the front lot line inconsistent with the permit that was issued. The law explicitly states that nonconforming structures can not be Page 2 of 6 expanded. In 1952 the garage was added with a similar error. It is unusual that both structures were built inconstantly with what was indicated on the permits. Commissioner Whitenack asked if there have been any changes in the roadways that would explain the difference in the setback. Planner Sutter replied that there hadn't been any changes to the roadways to his knowledge. Commissioner Sears asked if the 5' side setback is for the dwelling or the garage. Planner Sutter replied that it was for the garage. Commissioner Krueger asked if the existing house could be remodeled, but if there was an addition to it, it would have to be brought into compliance. Planner Sutter stated that is correct. Open Public Hearing. Dave Raley presented a petition to Chair VonRueden with signatures that are in favor of the addition he would like to put on his property. Raley went on to explain what he wanted to do to the property and the events that led to this situation. Raley stated that he would like to work with the commission to come up with a reasonable solution. Chair VonRueden asked if he intended to occupy the house. Raley replied that yes he does intend to occupy. Close Public Hearing Commissioner Nystrom asked if Raley would be satisfied remodeling the inside of the house. Raley replied that no, he would not be satisfied. The bedrooms are small and the whole bathroom has to be torn out, and basement access is via an exterior stairway. Commissioner Strand asked about the timeframe of the permit being submitted to staff and the actual closing of the house, and why Mr. Raley proceeded to acquire the property after learning of the setback problem. Raley replied that he was already into the house for a substantial amount of money, and figured he would be able to work the problems out with the city. Chair VonRueden asked if he had seriously considered moving the garage, which would solve one of the problems. Raley replied only as a last resort. Chair VonRueden asked if Raley would like the commission to continue the item. Raley replied that he really didn't want to do that. He wanted to take care of this so he could start building. Commissioner Sears stated that this seemed like on a long shot on his part. If the garage would be pushed back maybe the garage be expanded on the one side. Then the square footage of the structure would increase. This would allow it to conform to 1000 square feet and make it a livable home. Raley stated there would be setback issues with doing it that way as well. He would rather remove the breezeway and move the garage over toward the house. The rest of the expansion would be to the east. Page 3 of 6 Commissioner Krueger stated that he has a problem with the 20' set back; we have normally adhered to the 30' setback. Raley replied that there are many other houses that are closer than the 20' along Hampshire, and he is willing to move the garage over to correct the side setback. Chair VonRueden asked Raley if he would like the commission to table this for 30 days or vote on it tonight. Commissioner Sears sated that he thought it would be a good idea to come back with a Plan B and the commission could table this until the next meeting. Planner Sutter stated that he does not see how staff could recommend approval, based on the lack of undue hardship, even with another set of plans, However, staff would help the awner package a new set of plans for the planning commission's consideration. Commissioner Atkinson asked what the minimum square footage for a dwelling in this area would be. Planner Sutter stated that it is 900 square feet, but one correction does not necessarily justify a variance from another requirement. Commissioner Whitenack asked what the test was for hardship. Planner Sutter explained the three criteria that have to be met by state law and city code for it to be considered a hardship. Commissioner Whitenack asked if the property value has been lessened because of this. He stated he needed to understand the hardship factors better. Planner Sutter said staff has no way of knowing what the effect on value has been. Commissioner Nystrom stated the three factors are state law and city code would make this application fail as it was presented tonight. However, she felt the commission would really like to work with the applicant. Raley stated he would bring in another plan. Planner Sutter stated staff would need the plans by January 3, 2005. No Public Hearing notices would have to go out again because this would be a continuation. Moved by Commissioner Nystrom seconded by Commissioner Strand to continue until January 10, 2005 Application 2004-15 for Variances to reduce the side and front setbacks at 4628 Hampshire Ave N. Motion carried. 3. Consider Application 2004-16 for a Variance to increase the maximum fence height at 5331 Corvallis Ave N. Planner Sutter summarized the staff report and gave a brief history on the property. Commissioner Krueger asked if the fence was on the lot line. Planner Sutter stated that the fence is on or within the lot lines and only the height of the fence is a compliance issue. Commissioner Strand asked if Richmond agreed to fix the fence upon purchasing the property. Planner Sutter answered yes. Page 4 of 6 The Public Hearing opened Tim Richmond stepped forward and stated he is the homeowner and the fence is 10' off of Lakeland. This house is the only house with a backyard facing Highway 81. He won in court and that should be considered by the commission. Richmond continued to explain his view of the situation and the events that took place that have led to the current situation. Richmond also requested that his money be refunded. Chair VonRueden stated that the commission will only be dealing with the fence height issue. Commissioner Krueger asked if Richmond was the owner when the January 8, 2004 letter was sent out. Richmond stated that he was not. Krueger stated that that is why the letter was not sent to Mr. Richmond; it was sent to the property owner. Commissioner Atkinson asked Mr. Richmond why if he knew it had to come down to 6', was he arguing for 8' all around. Richmond stated he didn't know, and the code was 8' when it was built. Chair VonRueden stated that the former owner built it non-compliant then transferred responsibility to Mr. Richmond. Commissioner Krueger asked if the owner told Richmond that there was a problem with the fence and that a permit wasn't issued for it. Richmond replied that it was code to have 8' and it didn't change until February 14, 2004. The city made a mistake in deciding what yard was the front and the back. Commissioner Krueger stated if the owner had taken out a permit like he was supposed to, the permit wouldn't have been approved at 8' in the front yard. Richmond stated that was wrong and he won in court. Chair VonRueden asked Planner Sutter what took place in court. Planner Sutter summarized the court case and stated that lowering the fence to 6' would gain compliance. John Meyers, from 5016 Lakeland Ave N (763-537-7758) stated that he lives next door and he is fine with the fence. The height is fine and the aesthetics are fine. Close Public Hearing. Commissioner Sears stated that all regulations do not cover every single situation. The yards differ with each owner, everyone has a different opinion. It is a good will gesture by the City to allow 6' all the way around. The city could ask for 4' on the front yard, but they are not. Moved by Commissioner Hester and seconded by Commissioner Krueger to recommend to City Council to deny Application 2004-16 for a Variance to increase the maximum fence height at 5331 Corvallis Ave N. Motion carried Page S of 6 Planner Sutter stated that this will go on the Council Agenda for December 21, 2004. D. OLD BUSINESS 1. Consider Application 2004-13 for Lot Division at 6401 41St Ave N to detach approximately the south 317 feet and incorporate it into the adjacent Hagemeister Pond Park. Planner Sutter summarized the staff report. Staff recommends approval. There was no discussion. Moved by Commissioner Nystrom and seconded by Commissioner Whitenack to recommend to City Council to approve Application 2004-13 for Lot Division at 64014 I't Ave N to detach approximately the south 317 feet and incorporate it into the adjacent Hagemeister Pond Park. Motion carried. E. NEW BUSINESS Nominate two Planning Commission members to serve on the Motor Vehicle & Equipment Code Citizen Review Committee. Moved by Chair VonRueden and seconded by Commissioner Hester to nominate Commissioners Atkinson & Strand to serve on the Motor Vehicle & Equipment Code Citizen Review Committee. Motion carried. F. GENERAL INFORMATION Planner Sutter summarized issues with the 4 car parking limit and stated that staff wanted to make the commissioners aware that we have our attorney's support in this matter and the code enforcement issues regarding this matter could come before this commission in the form of Administrative Appeals of staff's interpretation. Atkinson questioned as to whether this included the cars parked in garages. Planner Sutter stated that no, it does not. Planner Sutter stated that TCF Bank has purchased the former Tin Alley Grill and intends to demolish the structure and build a new bank. GOPEN FORUM Commissioner Hester asked about the Chair person. Chair VonRueden stated that would be the first order of business at the January meeting. 11. ADJOURNMENT Page 6 of 6 Motion to adjourn by Commissioner Krueger and seconded by Commissioner Nystrom to adjourn. Motion carried. The meeting adjourned at 9:00 p.m.