2016.11.14 PC Meeting Packet
Crystal, Minnesota 55422-1696
Crystal Planning Commission Agenda
Monday, November 14, 2016
7 p.m.
Crystal City Hall Council Chambers
1. Call to Order
2. Approval of Minutes*
a. Monday, September 12, 2016 meeting minutes
3. Public Hearings*
a. Conditional use permit (CUP) request from Drew Kabanuk for a fence at 5717
West Broadway Avenue (Application Number 2016-11)
4. Old Business - None
5. New Business*
a. Request for a one-year time extension from Drew Kabanuk for an approved
conditional use permit (CUP) at 5717 West Broadway (Application Number
2015-05)
6. General Information
a. City Council actions on previous Planning Commission items:
Variance for detached garage at 5565 Welcome Avenue North
Variance for attached garage at 5440 Twin Lake Terrace
Subdivision request for Bottineau Gardens preliminary plat
b. Update from Council Liaison
c. Update on City Code Review Task Force
d. Staff preview of likely agenda items for Monday, December 12, 2016 meeting
7. Open Forum
8. Adjournment
* Items for which supporting materials will be included in the meeting packet.
Page 1 of 3
CRYSTAL PLANNING COMMISSION
DETAILED AGENDA
Monday, November 14, 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 September 12, 2016 regular meeting with the following exceptions:
Motion carried.
3. PUBLIC HEARINGS*
a. Conditional use permit request from Drew Kabanuk for a fence at 5717 Broadway Avenue
(Application Number 2016-11)
Staff presented the following:
The following were heard:
Page 2 of 3
Planning Commission discussion:
Moved by _______________ and seconded by _______________ to recommend
______ to the City Council of the conditional use permit for a fence with the following
conditions:
Motion carried.
4. OLD BUSINESS None
5. NEW BUSINESS*
a. Request for a one-year time extension from Drew Kabanuk for an approved conditional
use permit (CUP) at 5717 West Broadway (Application Number 2015-05)
Staff presented the following:
Planning Commission discussion:
Moved by _______________ and seconded by _______________ to recommend
______ to the City Council of a one-year time extension for an approved conditional
use permit.
Motion carried.
Page 3 of 3
6. GENERAL INFORMATION
a. City Council actions on previous Planning Commission items:
Variance for detached garage at 5565 Welcome Avenue North
Variance for attached garage at 5440 Twin Lake Terrace
Subdivision request for Bottineau Gardens preliminary plat
b. Update from Council Liaison
c. Update on City Code Review Task Force
d. Staff preview of likely agenda items for Monday, December 12, 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 September 12, 2016
CRYSTALPLANNING COMMISSION
MINUTES
Monday, September 12, 2016 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 4)
Commissioner (Ward 2)
Sears \[Secretary\] Einfeldt-Brown
Selton
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: Community Development Director John Sutter, Assessing Specialist Gail
Petschl, City Council Liaison Jeff Kolb, and other interested persons.
2. APPROVAL OF MINUTES
Moved by Strand and seconded by Daly to approve the minutes of the August 8, 2016
regular meeting. All ayes.
Motion carried.
3. PUBLIC HEARINGS
a. Variance request from Matthew Detloff for a detached garage at 5565 Welcome Avenue
North (Application Number 2016-08)
Mr. Sutter explained some of the history of the property, and said it was originally part of
a larger lot that had been subdivided. Because of that subdivision, the garage then
became located in the front yard and no longer met code so a variance is required to
enlarge or replace the detached garage.
Mr. Sutter also stated that the variance would meet all the criteria for approval. The
request is
considerations.
Unapproved Planning Commission Minutes September 12, 2016
Commission Buck questioned how the garage could have a bigger footprint than the
house. Mr. Sutter explained that the house is a two-story and all above-ground square
footage counts, so it does meet code.
Commissioner Heigel asked whether the property owner planned on doing anything with
the driveway. The property owner said they were not and also said he talked with the
neighbors and nobody had any objections, they were primarily concerned about whether
neighborhood.
Moved by Commission VonRueden and seconded by Commissioner Sears to
recommend approval to the City Council of the variance for a detached garage with the
findings of fact as detailed in the agenda. All ayes. Mr. Sutter stated that this item would
be placed on the city council agenda on September 20, 2016.
Motion carried.
b. Variance request from Greg Staples for an attached garage addition at 5440 Twin Lake
Terrace (Application Number 2016-09)
Mr. Sutter explained that this property has a unique set of circumstances. The city was
granted a utility easement over the north 5 feet, the house is currently located 4.5 feet
from the north property line, and there is a storm sewer pipe buried in the easement.
There is street reconstruction going on the area, and since the cul-de-sac will be smaller
after the current street reconstruction project is completed, the reduced front setback will
not appear so dramatic. The attached garage addition will stay completely out of the
easement so approving the variance will not make the existing encroachment worse.
As reference, the owner showed some pictures to the commissioners.
Commissioner Heigel asked if the garage will be detached, Mr. Sutter said that it will
be an attached garage. Commissioner Buck wanted to verify that the addition would
have full frost footings. Mr. Sutter said that it would and said that the building inspector
has confirmed that the frost footing would not encroach into the easement.
Commissioner Sears recommended that the frost footings be deeper because of the
cold air from the lake going up the pipe.
Moved by Commissioner VonRueden and seconded by Commissioner Buck to
recommend approval to the City Council of the variance for an attached garage addition
with the conditions as shown in the agenda in Item C #1 that states that no part of the
new garage can be in the easement. Owners are also advised to put frost footings
deeper. All ayes. Mr. Sutter stated that this item would be placed on the city council
agenda on September 20, 2016.
Motion carried.
a. Subdivision request from Hennepin County for the Bottineau Gardens preliminary plat
(Application Number 2016-10)
them over to Hennepin County. The county removed the remaining basements and
Unapproved Planning Commission Minutes September 12, 2016
cleaned up the properties and now would like them re-platted so the parcels can be
reconfigured and sold at auction. The lots will be re-oriented to face away from Lakeland
Avenue and the existing sanitary sewer pipe will be removed by the city utility crew.
There is a 10 foot utility easement that needs to be vacated. A n
encroaches 1 foot onto county property so a driveway easement would need to be
granted so the driveway can remain. Mr. Sutter also said that there would be some tree
removal on the lots, and no park dedication fee would be required since the number of
lots is not changing.
Eric Draeger, Land Acquisition Manager for Hennepin County, stated Hennepin County
appreciates the assistance.
Commissioner Heigel asked whether tree replacement would be one to one, Mr. Sutter
Commissioner Sears said that the life span of a large tree is
numbered and the eventual homeowner may need to replace.
Moved by Commissioner Strand and seconded by Commissioner Einfeldt-Brown to
recommend approval to the City Council of the subdivision request for the Bottineau
Gardens preliminary plat with the findings of fact as stated in item C of the agenda. All
ayes.
Motion carried.
4. OLD BUSINESS None
5. NEW BUSINESS - None
6. GENERAL INFORMATION
a. City Council actions on previous Planning Commission items:
Floodplain Overlay District (City Code Section 515.61)
Mr. Sutter said there was a second reading last week and would become effective in
mid-October. The change could result in some residents not needing flood
insurance.
b. Update from Council Liaison
Council Liaison Kolb said that council will set preliminary levy on September 20 to
highest level, can lower from that point increase. He also said that MAC is
holding an open house on September 27, from 5 7 pm at Crystal Community
Center to discuss the future of the Crystal Airport.
c. Update on City Code Review Task Force
The Review Task Force is currently reviewing section XII, the council is working on
sections V & VI.
d. Staff preview of likely agenda items for Monday, October 10, 2016 meeting
Nothing at this point.
7. OPEN FORUM
Unapproved Planning Commission Minutes September 12, 2016
No one spoke before the commission.
8. ADJOURNMENT
Moved by Commissioner Buck and seconded by Commissioner Daly to adjourn. All ayes.
Motion carried.
The meeting adjourned at 7:50 p.m.
MEMORANDUM
DATE: November 9, 2016
TO: Planning Commission (November 14 meeting)
FROM: Dan Olson, City Planner
SUBJECT: Public Hearing: Application 2016-11 for a conditional use permit
amendment for Drew Kabanuk for a fence at 5717 West Broadway
(former Thriftway grocery store)
A.BACKGROUND
Drew Kabanuk is asking for approval for a nonconforming fence to remain on his
property at 5717 West Broadway (the former Thriftway grocery store). The fence the
applicant installed does not meet the requirements of the conditional use permit (CUP)
approved by the City Council in 2015. That CUP approved an outdoor sales area for a
proposed hardware store, with the condition that the fence screening the sales area be
constructed of a certain height and materials. The property is zoned General
Commercial (C-2). Notice of the November 14 public hearing was published in the Sun
Post on November 3, and notices sent to property owners within 350 feet of the
property (see Attachment B). To date no public comments have been received for this
proposal.
Attachments:
A. Site location map
B. Map showing public hearing notification area
C. Existing zoning map
D. project narrative
E. Photos of existing nonconforming fence
F. Photos of three Crystal properties with barbed wire
B.PROPOSED CONDITIONAL USE
Background Information: In 2015 the applicant received City Council approval of a CUP
to allow an outdoor sales area for a proposed hardware store in the building. One of the
conditions of approval was that this sales area be screened by a 6-foot high fence
constructed of staff-approved opaque material or a chain link fence with slats for
screening. Before the CUP approval staff made several efforts to contact the applicant
to ensure that he was in agreement with the conditions of approval. At that time the
applicant did not indicate that he desired a fence different from what was to be required.
5717 WEST BROADWAY - CONDITIONAL USE PERMIT
PAGE 1 OF 3
The applicant is requesting approval of the fence he installed on September 29, 2016.
ence
applicant has indicated that the barbed wire was included in the fence design to provide
security for the outdoor sales area. Staff first learned of the fence on the day it was
installed when the fence contractor called city hall to see how tall the barbed wire could
be. This fence contractor indicated that the applicant told him the fence had been
approved by the city. Staff informed the applicant that the barbed wire was not an
approved fence material according to the CUP. To address the nonconforming fence the
applicant has presented two options for the fence:
Option A - The applicant requests that the non-conforming fence be allowed to
ain link and
barbed wire above the chain link. The applicant is requesting a CUP
material.
Option B - If Option A is not approved, then the applicant requests approval for
include barbed wire.
Conditional Use Approval Criteria: city code section 515.13, Subd. 7 provides approval
criteria for fences. That section of the zoning code also allows
height if approved by a CUP. The only approval criteria for such a CUP is that the fence
However
according to city code s
Barbed wire fencing is not appropriate for a retail
commercial and residential area such as the West Broadway/Bass Lake Road area that
encompasses the appl (see attachment C).
C.OTHER INFORMATION
The applicant has inquired why three properties in Crystal are allowed to have barbed
wire as part of their existing property fencing. The circumstances of these fences are
described below:
1. 5541 Lakeland Avenue North (telecommunications tower near the intersection of
Highway 81 and Bass Lake Road on property owned by the city) In 1997 when the
City Council approved the site plan for the tower, the property was under a
commercial zoning classification that no longer exists. The fencing was installed
according to the site plan approved by the City Council.
2. 5400 Douglas Drive North (currently Minnesota Grinding offices) The property is
zoned Light Industrial (I-1). In 1969 the property owner at that time, Timesavers,
Inc., received building permit approval to install fencing around the property,
including barbed wire. A CUP was not required for this property. Also it is located
in an industrial area of the city.
5717 WEST BROADWAY - CONDITIONAL USE PERMIT
PAGE 2 OF 3
3.5337 Lakeland Avenue North(currently Standard Water Control). The property is
zoned Light Industrial (I-1). In 1990 the property owner received building permit
approval to install fencing on the property. A CUP was not required for this property.
Also it is located in an industrial area of the city.
D.REQUESTED ACTION
The Planning Commission is being asked to make a recommendation to the City
Council to either deny or approve the CUP amendment to allow Drew Kabanuk to install
a fence at 5717 West Broadway. A recommendation made by the Planning
Commission should include findings of fact either for or against the proposal. The
Commission may reference the findings for approval in section B, above.
City staff recommends option B for the fence, w
high fence without barbed wire. This option provides a taller fence so that the applicant can
have security for his outdoor sales area, but also provides an aesthetically pleasing fence that
is compatible with the surrounding retail and residential area. Staff recommends the following
conditions be made part of this approval:
1. The existing barbed wire fencing shall be removed by December 16, 2016.
2. The fencing material shall be chain link with vinyl slats.
3. No part of the f
City Council action is anticipated on December 6, 2016.
5717 WEST BROADWAY - CONDITIONAL USE PERMIT
PAGE 3 OF 3
Attachment A
Attachment B
Attachment C
Attachment D
Attachment E
Attachment F
MEMORANDUM
DATE: November 9, 2016
TO: Planning Commission (November 14 meeting)
FROM: Dan Olson, City Planner
SUBJECT: Request for a one-year time extension from Drew Kabanuk for an approved
conditional use permit (CUP) at 5717 West Broadway (Application Number
2015-05)
A.BACKGROUND
Drew Kabanuk is asking for approval of a one-year time extension for his CUP that was
approved by the City Council on October 20, 2015 at 5717 West Broadway (the former
Thriftway grocery store). According to city code section 515.05 a public hearing is not
required for this approval.
Attachments:
A. Site location map
B. request for an extension
C. CUP approval resolution
B.APPROVED CONDITIONAL USE PERMIT
Background Information: On October 20, 2015, the applicant received CUP
approval from the City Council for his property at 5717 West Broadway. This CUP
allowed the following:
A year-round outdoor sales area for a proposed hardware store. Products
sold in this area were to include lawn and garden supplies such as rock,
sand, dirt, plants, and some building materials.
Drive-through facilities for a proposed thrift store. The first facility was to
be a donation drop-off area for the thrift store on the east and west sides
of the building. The second facility was a drive-up window to allow food
pick-ups from the deli restaurant proposed to be located within the thrift
store.
Extension Request: The applicant submitted a site plan with his CUP application
showing the outdoor sales area and drive-through facilities. Currently, there are
different requirements for extending a CUP and for extending a site plan. For a CUP
city code section 515.05, Subd. 3 requires that:
5717 WEST BROADWAY - CONDITIONAL USE PERMIT EXTENSION
PAGE 1 OF 2
commence within 1year of approval, then the conditional use permit shall expire
and be considered null and void. A property owner may seek an extension of
time by submitting a written request no less than 30 days before expiration of the
Therefo
20, 2016.
For a site plan, city Code Section 520.07, Subd. 6 requires that:
onstruction of the building or initiation of the use must begin no later than
December 31 of the year following the year in which the site and building plan
approval is granted. After the expiration of such period the approval is null and
void unless the city council grants an extension of time or a building permit has
been issued and substantial wTherefore, the
site plan would expire on December 31, 2016.
Since there is a discrepancy in city code, staff considers the later of the two expiration
dates to be the date by which the applicant needs to begin work on his project. This
discrepancy will be corrected in the upcoming zoning code update.
There is not specific criteria in the zoning code for approving an extension. According
to c
of circumstances affecting the property or if there are other reasons to justify the
a change to the Comprehensive Plan land
use designation for the property or a change to the development pattern for the area
surrounding the prs
property.
The applicant has indicated that the improvements to the property are progressing, but
that he needs more time to complete those improvements (see attachment B). This is a
reasonable request given the age of the building and the difficulties that are often
present in repurposing an existing building.
C.REQUESTED ACTION
The Planning Commission is being asked to make a recommendation to the City
Council to either deny or approve the one-year time extension for an approved CUP for
Drew Kabanuk at 5717 West Broadway. Staff recommends approval of the extension
request with the following condition:
1. For the CUP approved by the City Council on October 20, 2015 for 5717
West Broadway, the extension will expire on December 31, 2017.
City Council action is anticipated on December 6, 2016.
5717 WEST BROADWAY - CONDITIONAL USE PERMIT EXTENSION
PAGE 2 OF 2
Attachment B
Attachment C