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2016.07.11 PC Meeting Packet Crystal, Minnesota 55422-1696 Crystal Planning Commission Agenda Monday, July 11, 2016 7 p.m. Crystal City Hall Council Chambers 1. Call to Order 2. Approval of Minutes a. Monday, June 13, 2016 meeting minutes 3. Public Hearings* a. Variance request from SVK Development to reduce the required front setback for two single-family homes located at 3226 and 3232 Georgia Avenue North 4. Old Business - None 5. New Business - None 6. General Information a. City Council actions on previous Planning Commission items: Early Steps Learning Foundation CUP b. Update from Council Liaison c. Update on City Code Review Task Force d. Staff preview of likely agenda items for Monday, August 8, 2016 meeting 7. Open Forum 8. Adjournment * Items for which supporting materials will be included in the meeting packet. Page 1 of 2 CRYSTAL PLANNING COMMISSION DETAILED AGENDA Monday, July 11, 2016 at 7:00 p.m. Council Chambers, Crystal City Hall Commissioners, please call 763.531.1142 or email dan.olson@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 \[Secretary\] Selton Einfeldt-Brown Commissioner (Ward 1) Commissioner (Ward 3) Commissioner (Ward 4) Heigel \[Chair\] VonRueden Johnson \[Vice Chair\] Commissioner (Ward 2) Commissioner (Ward 3) Commissioner (At-Large) Strand Buck Daly 2. APPROVAL OF MINUTES * Moved by _______________ and seconded by _______________ to approve the minutes of the June 13, 2016 regular meeting with the following exceptions: Motion carried. 3. PUBLIC HEARING a. Variance request from SVK Development to reduce the required front yard setback for two single-family homes located at 3226 and 3232 Georgia Avenue North Staff presented the following: The following were heard: Page 2 of 2 Planning Commission discussion: Moved by _______________ and seconded by _______________ to recommend ______ to the City Council of a Variance for SVK Development with the following conditions: Motion carried. 4. OLD BUSINESS None 5. NEW BUSINESS - None 6. GENERAL INFORMATION a. City Council actions on previous Planning Commission items: Early Steps Learning Foundation CUP b. Update from Council Liaison c. Update on City Code Review Task Force d. Staff preview of likely agenda items for Monday, August 8, 2016 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 June 13, 2016 CRYSTALPLANNING COMMISSION MINUTES Monday, June 13, 2016 at 7:00 p.m. Council Chambers, Crystal City Hall * 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 7 p.m. with the following members present: X Commissioner (Ward 1) X Commissioner (Ward 2) X Commissioner (Ward 4) Sears \[Secretary\] Selton Einfeldt-Brown X Commissioner (Ward 1) X Commissioner (Ward 3) X Commissioner (Ward 4) Heigel \[Chair\] VonRueden Johnson \[Vice Chair\] X Commissioner (Ward 2) X Commissioner (Ward 3) X Commissioner (At- Strand Buck Large) Daly Other attendees: City Planner Dan Olson, City Council liaison Jeff Kolb, Garshena Stewart and Tiffany McGee (Early Steps Learning Foundation) 2. APPROVAL OF MINUTES * Moved by Selton and seconded by Daly to approve the minutes of the May 9, 2016 regular meeting. Ayes all. Motion carried. 3. PUBLIC HEARING a. Conditional Use Permit Application to allow Early Steps Learning Foundation to locate a nd day care at the existing Brunswick United Methodist Church property at 6122 -42 Avenue North. Planner Dan Olson presented a summary of the staff report, and stated that staff is recommending approval of the conditional use permit with the conditions listed in the staff report. Commissioner Johnson asked for clarification of the sewer availability charge (SAC). Planner Olson explained that it is a fee charged by the Metropolitan Council when there is a change of use and increased sanitary sewer use. The Met Council makes the determination of whether or not this fee is due. Commissioner Sears stated the City should make a statement to the Met Council that this fee should not be required for this project. Unapproved Planning Commission Minutes June 13, 2016 Commissioner Searsasked if the maximum number of children could be about 55in case they want to enroll a few more children. Planner Olson said he recommends a specific number so its clear to the City and the applicant when the threshold is met for a CUP amendment. The Commission could change the condition in the staff report to allow more than 55 children. Commissioner Daly asked if the enrollment will fluctuate. Garshena Stewart explained the state licensing process and how they are able to enroll more children. Commissioner Heigel asked if they have more children do they need more teachers. Ms. Stewart said yes they are required to have more teachers based on the ratios of children to teachers required by State licensing. Commissioner Heigel also asked if the playground in the back of the church will be completely fenced in. Ms. Stewart said yes that is something that the State requires. Commissioner Daly asked if this is a new business. Ms. Stewart said yes, and she further explained some of the fundamental information about the day care and her qualifications. Ms. McGee said she is excited about this new opportunity and encouraged the Commission to recommend approval of the CUP. Moved by VonRueden and seconded by Buck to recommend approval to the City Council of a Conditional Use Permit Application to allow Early Steps Learning Foundation to locate their day care at Brunswick United Methodist Church at 6122- nd 42 Avenue North, contingent upon the conditions in the staff report. Ayes all. Motion carried. 5. OLD BUSINESS None 6. NEW BUSINESS - None 7. GENERAL INFORMATION a. City Council actions on previous Planning Commission item: Conditional Use Permit and Site Plan for Beacon Academy Planner Olson reported that the City Council approved this CUP and Site Plan on May 17, 2016. b. Update from Council Liaison Council liaison Kolb provided updates to the Commission on various items: two police officers were recognized for notable fulfillment of their duties, the annual financial audit went well, the City Code is being changed to make a clarification about tall grass, Metro Transit is working with several residents to provide screening for the future light rail project, the Council received a refresher on open meeting laws, the City Council is working out issues with Hennepin County for the Douglas Drive and West Broadway crossings of the Canadian Pacific Railroad, and several candidates have filed for Mayor and City Council openings in this Falls election. c. Update on City Code Review Task Force As previously noted, the Council is in the process of changing the Citys tall grass requirements. Unapproved Planning Commission Minutes June 13, 2016 d.Staff preview of likely agenda items for Monday, July11, 2016meetingPlanner Olson reported that the Commission will be reviewing a new floodplain ordinance, most likely in August. 8. OPEN FORUM No one from the public spoke at this time. 9. ADJOURNMENT Moved by Strand and seconded by Buck to adjourn. Motion carried. The meeting adjourned at 7:35 p.m. MEMORANDUM DATE: July 5, 2016 TO: Planning Commission (July 11 meeting) FROM: Dan Olson, City Planner SUBJECT: Public Hearing: Variance Application (2016-06) to reduce the front setback for two single-family homes located at 3226 and 3232 Georgia Avenue North. A.BACKGROUND SVK Development, owner of the properties at 3226 and 3232 Georgia Avenue North, is requesting variances to reduce the front setback from 30 feet to 15 feet as measured from each l-de-sac easement line. Both properties involved in this application are zoned Low Density Residential (R-1). Notice of the July 11 public hearing was published in the Sun Post on June 30 and mailed to owners within 350 feet (see Attachment B). To date, staff has received one verbal comment on the variances from a resident who regulations should be adhered to. Attachments: A. Site location map B. Map showing public hearing notification area C. Existing zoning map D. Project narrative E. Proposed site plan B. VARIANCES The applicant is requesting variances to the front setback for the proposed homes to be constructed at 3226 and 3232 Georgia Avenue North. Both lots are located in the Gardendale Subdivision which was approved by the City Council in April 2016. The applicant is proposing to reduce the front setback from 30 feet to 15 feet the cul-de-sac easement line (see Attachment F). This would result in both homes being 25 feet from the cul-de-sac cus is for the homes at 3226 and 3232 Georgia to have a front setback that is reasonably similar to other future homes on Georgia south of the cul-de-sac (Attachment F). Also, although the site plan shows an increased rear setback from 30 feet to 40 feet, the required minimum setback would still be 30 feet. 3226 AND 3232 GEORGIA AVENUE NORTH VARIANCE APPLICATION PAGE 1 OF 3 The following are the relevant approval criteria for these variances as outlined in Section 515.05 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 is to provide for regulations to promote orderly development that allows for adequate access to light, air, and convenient access to property. Moving the proposed homes at 3226 and 3232 Georgia closer to the public street is not in conflict with those goals, provided that there is at least 20 feet of driveway from the garage doors to the cul-de-sac easement line. This is necessary to reduce the potential for vehicles parked in the driveways to extend into the street. If the variances are approved, the homes will Residential future land use designation (Attachment D). 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 these two lots for single-family homes is a Without the variances the proposed homes would not be located in a similar location as other future homes on Georgia Avenue North. This is due to the presence of the cul-de-sac which was required by the City since the parcels north of the Gardendale Subdivision are not proposed for development at this time. This is a unique situation not created by the applicant. Since the proposed homes are only being moved to be closer to the street, the essential character of this area is not proposed to change provided that there is at least 20 feet of driveway from the garage doors to the cul-de-sac easement line. This is necessary to reduce the potential for vehicles parked in the driveways to extend into the street. c) Economic considerations alone do not constitute practical difficulties. 3226 AND 3232 GEORGIA AVENUE NORTH VARIANCE APPLICATION PAGE 2 OF 3 Response: The applicant has indicated that their reason for requesting the variancesis to construct homes that have a similar front setback to other future homes on Georgia Avenue North. Therefore economic considerations alone are not the sole reason for requesting these variances. 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 reduce the front setback for the proposed new homes at 3226 and 3232 Georgia Avenue North from 30 feet to 15 feet. 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 variances meet the relevant criteria in the Zoning Code, Staff is recommending approval of the variance requests subject to the following condition of approval: 1. There shall be a minimum 20 foot long driveway from the garage doors to the cul-de-sac easement line for both properties. City Council action is anticipated on July 19, 2016. 3226 AND 3232 GEORGIA AVENUE NORTH VARIANCE APPLICATION PAGE 3 OF 3 Attachment A Attachment B Attachment C !!!!!!!! ! ! Gspou!Zbse!Wbsjbodf!Sfrvftu!Obssbujwf!! 4343!'!4337!Hfpshjb!Bwf/!O/!!!! ! TWL!Efwfmpqnfou!jt!sfrvftujoh!b!wbsjbodf!bqqspwbm!pg!uif!gspou!zbse!tfucbdl!gps!mput! 2!)4343*!boe!3!)4337*!Cmpdl!3!pg!uif!Hbsefoebmf!efwfmpqnfou!up!26 ufnqpsbsz!dvm.ef.tbd!fbtfnfou!mjof!up!uif!gpvoebujpo!pg!uif!ofx!ipnf/!!Uif!uxp! mput!bsf!dvssfoumz!jnqbdufe!cz!uif!ufnqpsbsz!dvm.ef.tbd!boe!gpsdf!uif!ipnf!qbe!. !gspn!uif!cbdl!pg!dvsc!pg!Hfpshjb!Bwf/!O/!! ! Up!cf!dpotjtufou!xjui!uif!bmjhonfou!boe!mppl!pg!puifs!ipnft!po!Hfpshjb!Bwfovf! Opsui-!TWL!Efwfmpqnfou!jt!sfrvftujoh!uijt!wbsjbodf!up!bmmpx!uiftf!ipnft!up!bmjho! xjui!uif!gspou!zbset!pg!puifs!ipnft!po!uif!tusffu!boe!xjmm!npwf!uif!sfbs!pg!uif!ipnf! gspn!uif!sfbs!qspqfsuz!mjof!qspwjejoh!beejujpobm!qsjwbdz!gps!uiftf!mput!boe! ofjhicpsjoh!qspqfsujft/!!!! ! Note: The temporary cul-de-sac will remain in place as Attachment E long as the street is not extended. It is staff’s opinion that it is unlikely the street will be extended for the development of additional single-family homes, but it is possible.