2017.09.11 PC Meeting Packet
Crystal, Minnesota 55422-1696
Crystal Planning Commission Agenda Summary
Monday, September 11, 2017
7 p.m.
Crystal City Hall Council Chambers
1. Call to Order
2. Approval of Minutes*
a. Monday, July 10, 2017 meeting minutes
3. Public Hearings*
a. Variance request from Brian and Anna Hedberg for a new detached garage at
6517 47th Avenue North (Application Number 2017-11)
4. Old Business - None
5. New Business - None
6. General Information
a. City Council actions on previous Planning Commission items:
1) Variance for new home at 5140 Lakeside Avenue North
2) Zoning code text amendment to require a conditional use permit for
any new pole for a small wireless facility in the public street right-of-
way adjacent to the R-1 zoning district
b. Update from Council liaison
c. Staff preview of likely agenda items for Monday, October 9, 2017 meeting
7. Open Forum
8. Adjournment
* Items for which supporting materials are included in the meeting packet
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CRYSTAL PLANNING COMMISSION
DETAILED AGENDA
Monday, September 11, 2017 at 7:00 p.m.
Council Chambers, Crystal City Hall
Commissioners, please call 763.531.1130 or
email john.sutter@crystalmn.gov if unable to attend
* Items for which supporting materials are included in the meeting packet
1. CALL TO ORDER
The regular meeting of the Crystal Planning Commission convened at ______ p.m. with the
following members present:
Commissioner (Ward 1) Commissioner (Ward 2) Commissioner (Ward 4)
Sears Selton Einfeldt-Brown \[Secretary\]
Commissioner (Ward 1) Commissioner (Ward 3) Commissioner (Ward 4)
Heigel Vacant Johnson \[Chair\]
Commissioner (Ward 2) Commissioner (Ward 3) Commissioner (At-Large)
Strand Buck \[Vice Chair\] Daly
2. APPROVAL OF MINUTES *
Moved by _______________ and seconded by _______________ to approve the minutes of
the July 10, 2017 regular meeting with the following exceptions:
Motion carried.
3. PUBLIC HEARING
a. Variance request from Anna and Brian Hedberg for a new garage at 6517 47th Avenue
North (Application Number 2017-11)
Staff presented the following:
The following were heard:
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Planning Commission discussion:
Moved by _______________ and seconded by _______________ to recommend ______ to
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the City Council of the variance for the new home at 6517 47 Avenue North.
4. OLD BUSINESS - None
5. NEW BUSINESS - None
6. GENERAL INFORMATION
a. City Council actions on previous Planning Commission items:
1. Variance for new home at 5140 Lakeside Avenue North
2. Zoning code text amendment to require a conditional use permit for any new
pole for a small wireless facility in the public street right-of-way adjacent to the
R-1 zoning district
b. Update from Council Liaison
c. Staff preview of likely agenda items for Monday, October 9, 2017 meeting
7. OPEN FORUM
8. ADJOURNMENT
Moved by _____ and seconded by ______ to adjourn.
Motion carried.
The meeting adjourned at ______ p.m.
Unapproved Planning Commission Minutes July 10, 2017
CRYSTALPLANNING COMMISSION
MINUTES
Monday, July 10, 2017 at 7:00 p.m.
Council Chambers, Crystal City Hall
1. CALL TO ORDER
The regular meeting of the Crystal Planning Commission convened at 7 p.m. with the
following members present:
X Commissioner (Ward 1) X Commissioner (Ward 2) X Commissioner (Ward 4)
Sears Selton Einfeldt-Brown \[Secretary\]
X Commissioner (Ward 1) X Commissioner (Ward 4)
Commissioner (Ward 3)
Heigel Johnson \[Chair\]
Vacant
X Commissioner (Ward 3)
Commissioner (Ward 2) Commissioner (At-Large)
Buck \[Vice Chair\]
Strand Daly
Other attendees: City Planner Dan Olson, City Council Liaison John Budziszewski, Nathan
Jones (Tollberg Homes)
2. APPROVAL OF MINUTES
Moved by Einfeldt-Brown and seconded by Sears to approve the minutes of the May 8,
2017 regular meeting with the following two changes:
1. Clarify that Commission member Einfeldt-Brown voted no on the impound lot
CUP at the May meeting because approval would mean that two impound lots
would be too close together.
2. Clarify that the Community Outreach Task Force also assisted in planting
flowers.
All ayes.
Motion carried.
3. PUBLIC HEARINGS
a. Variance request from Tollberg Homes for a new home at 5140 Lakeside Avenue North
(Application Number 2017- 08)
Planner Olson presented a summary of the staff report, and stated that he is
recommending approval of the variance.
Chair Johnson opened the public hearing.
Commissioner Sears noted that it is not out of the ordinary to have a driveway of this
length and it will be compatible with the neighborhood.
Unapproved Planning Commission Minutes July 10, 2017
Nathan Jones, Tollberg Homes, thanked the Commission for their interest in the variance
and requested that the Commission recommend approval.
With no one else from the public wishing to speak, Chair Johnson closed the hearing.
Motion by Commissioner Sears, seconded by Commissioner Buck to approve the
Ayes: All. Motion carried.
b. Zoning code text amendment to require a conditional use permit for any new pole for a
small wireless facility in the public street right-of-way adjacent to the R-1 zoning district
(Application Number 2017- 09)
Planner Olson presented a summary of the staff report, and stated that he is
recommending approval of the text amendment.
Commissioner Heigel asked if this applies to private utilities such as Xcel Energy. Mr.
the pole if needed.
Olson noted that the zoning code amendment does not involve private utilities as the
amendment relates to independent poles in the right-of-way. Olson was not sure if a
private utility company could decline to have these attachments on their infrastructure.
Commissioner Sears stated that Xcel has final authority over their property and that the
city does not have any say in that.
Commissioner Johnson if the city gets many request for these poles on commercial
property. Olson said there are not many of those requests, but providers have been
more eager to locate their infrastructure in the right-of-way.
Commissioner Einfeldt-Brown asked if these new poles could be buried. Olson said he
thought not, unlike an Xcel pole which could be relocated underground. Einfeldt-Brown
other large bills as was done in this case.
Commissioner Heigel asked if there have been any formal requests for poles in the right-
of-way. Olson said no, but this text amendment is to prepare the city to respond if and
when we do receive a request. Heigel then asked about the process to put a pole in the
right-of-way. Olson said that those details would be written into an amended section 802
of the city code.
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Commissioner Selton asked what the Council discussed at the June 20 work session.
Council liaison Budziszewski responded by saying that Council was generally favorable
to amending the city code, especially in light of the new state law. Selton asked about
the process to amend the city code to comply with the new state law. Council liaison
Budziszewski and Planner Olson explained the process for the adoption of amended
ordinances.
Commission Heigel expressed concern about residents being upset at the city if a new
explain that the state law limits what action the city can take.
Unapproved Planning Commission Minutes July 10, 2017
Commissioner Buck asked if there would be a separation requirement for poles. Council
liaison Budziszewski explained what he knew about the new state law. Olson said he
but that could be addressed in section 802.
Commissioner Sears asked if a CUP criteria could be added that the new pole is
reviewed by the Planning Commission and the City Council. Olson explained that this
specific use will require a CUP and will therefore require Commission and Council
review.
Chair Johnson opened the public hearing. With no one from the public wishing to speak,
Chair Johnson closed the hearing.
Motion by Commissioner Einfeldt-Brown, seconded by Commissioner Sears to
recommend approval of the zoning code text amendments.
Ayes: All. Motion carried.
4. OLD BUSINESS
a. Continue review of draft language in the Unified Development Code (UDC)
The Commission continued its review of draft language for the UDC. Olson updated the
Commission on kennel language and what he hopes to do with screening and buffering.
Commission Einfeldt-Brown asked there could be a requirement for impound lots to be
located a certain distance from another impound lot. Commissioner Sears also asked if
we could delete the requirement that an impound lot be located on a property at least an
acre in size. The rest of the Commission was not supportive of making those changes to
the text.
In the use-specific standards for telecommunication towers Commissioner Selton
requested that some of the language proposed for deletion should be retained that deals
with requiring co-location. Olson said there is still some language that remains in the
text requiring co-location, but he would look to see if any language should be retained.
The telecommunication language would also now allow towers in park and schools sites
under certain conditions.
b. Select date for next work session
The Commission decided to have a work session on the UDC on Monday, July 31, 2017.
5. NEW BUSINESS None
6. GENERAL INFORMATION
a. City Council actions on previous Planning Commission items: Planner Olson reported
that the city council approved the two CUPs for the vehicle impound lot and the outdoor
storage at 5425-5431 Lakeland Avenue North.
Unapproved Planning Commission Minutes July 10, 2017
b.Update from Council Liaison-Council Liaison Budziszewskidid not have a report.
c. Staff preview of likely agenda items for Monday, August 14, 2017 meeting
Planner Olson reported that he has not received any new applications for the August
meeting, but that the deadline to apply is not until next week.
7. OPEN FORUM No one from the public or Commission spoke.
8. ADJOURNMENT
Moved by Commissioner Buck and seconded by Commissioner Sears to adjourn. All ayes.
Motion carried.
The meeting adjourned at 8:35 p.m.
MEMORANDUM
DATE: August 31, 2017
TO: Planning Commission (September 11 meeting)
FROM: Dan Olson, City Planner
SUBJECT: Public Hearing: Variance request from Anna and Brian Hedberg for a new
detached garage at 6517 47th Avenue North (Application Number 2017- 11)
A. BACKGROUND
Anna and Brian Hedberg are proposing to construct a new detached 864 square foot garage
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on the property at 6517 47 Avenue North.
cannot be larger than the finished floor area of the residential area of the existing home.
Since the existing home contains 608 finished square feet, a variance is required. The
property is zoned Low Density Residential (R-1). Notice of the September 11 public hearing
was published in the Sun Post on August 31 and mailed to owners within 350 feet (see
attachment B). To date staff has not received any comments on this proposal.
Attachments:
A. Site location map
B. Map showing public hearing notification area
C. Existing zoning map
D. Project narrative
E. Photos of property
F. Property survey showing proposed garage
G. Garage elevation drawing
B. VARIANCE
The applicants are proposing to construct an 864 square foot detached garage which will
replace the existing 384 square foot detached garage that was built in 1963. The proposed
garage will meet all setback requirements.
cannot be larger than the finished floor area of the residential area of the existing home. Since
the existing home contains 608 finished square feet, a variance is required.
In the current zoning code, basements are not included as finished residential floor area. City
staff has previously inspected this property and have indicated that there is an additional 400
square feet of finished basement in the home. In the proposed unified development code
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6517 47 AVENUE NORTH VARIANCE APPLICATION
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(UDC), finished basements are included when calculating the allowed square footage of
detached garage space. If the UDC is approved as currently proposed, a variance for this
e would not have been necessary.
The following are the relevant approval criteria for this variance as outlined in Section 515.05 of
Zoning Code, followed by staff response:
a) Variances shall only be permitted when they are in harmony with the general
purposes and intent of the official control and when the terms of the variances
are consistent with the comprehensive plan.
Response: The intent of the c
regulations to promote orderly development that allows for adequate
access to light, air, and convenient access to property. The approval of a
detached garage that exceeds the size allowed by the zoning code will not
impede access to adequate light or air for adjacent properties or for the
existing home. Access to the garage will continue to be from a
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driveway on 47 Avenue. If the variance is approved, the home will be in
future land use designation.
b) Variances shall only be permitted when the City Council finds that strict
enforcement of specific provisions of this section would create practical
difficulties due to circumstances unique to a particular property under
consideration. Practical difficulties, as used in connection with the granting of a
variance, means that the property owner:
1) proposes to use the property in a reasonable manner not permitted
by an official control; and
2) the plight of the landowner is due to circumstances unique to the
property not created by the landowner; and
3) the variance, if granted, will not alter the essential character of the
locality.
Response: The use of this parcel for a detached garage that is accessory
to a single-family home is a reasonable use permitted by the czoning
code.
having an unusually small home, tof not
allowing a garage to be larger than the finished residential area of the
home, creates a practical difficulty for this particular property. Since the
new garage will be the same distance from the street and the side property
line as the existing garage, the essential character of this area is not
proposed to change.
c) Economic considerations alone do not constitute practical difficulties.
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6517 47 AVENUE NORTH VARIANCE APPLICATION
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Response: The applicants have indicated that their reason for requesting
the variance is toconstructa new garage that will have more usable
space than the existing garage. Therefore economic considerations
alone are not the sole reason for requesting this variance.
C.REQUESTED ACTION
The Planning Commission is being asked to make a recommendation to the City
Council to either deny or approve the variance application to allow a new 864 square
foot detached garage at 6517 47th Avenue North that is larger than the
finished 608 square footage. This recommendation should include findings of fact
either for or against the proposal. The Commission may reference the findings for
approval in Section B, above.
Since the variance meets the relevant criteria in the zoning code, staff is recommending
approval of the variance request.
City Council action is anticipated on September 19, 2017.
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6517 47 AVENUE NORTH VARIANCE APPLICATION
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