2014.12.08 PC Meeting PacketPage] of 3
CRYSTAL PLANNING COMMISSION
DETAILED AGENDA
Monday, December 8, 2014 at 7:00 p.m.
Council Chambers, Crystal City Hall
Commissioners, please call 763.531.1142 or
email iohn.sutter(cDcrystalmn.gov if unable to attend
* Items for which supporting materials are included in the meeting packet
A. CALL TO ORDER
The regular meeting of the Crystal Planning Commission convened at p.m. with
the fnllnwinn mPmhPrs nrPsPnt-
❑ Commissioner (Ward 1)
❑ Commissioner (Ward 2)
❑ Commissioner (Ward 4)
Sears [Vice Chair]
Kolb
[vacant]
❑ Commissioner (Ward 1)
❑ Commissioner (Ward 3)
❑ Commissioner (Ward 4)
Hei el
VonRueden [Chair]
Johnson
❑ Commissioner (Ward 2)
❑ Commissioner (Ward 3)
❑ Commissioner (At -Large)
I
Erickson
Buck [Secretary]
Strand
B. APPROVAL OF MINUTES *
Moved by and seconded by to approve the
minutes of the November 10, 2014 regular meeting with the following exceptions:
Motion carried.
C. PUBLIC HEARINGS
1. Consider Application 2014-11 to shift the rear lot line between 4939 Vera Cruz
Avenue North and 4938 Welcome Avenue North 45 feet east of its present
location. *
Staff presented the following:
GAPLANNINGTIanning Commission12014112.081agenda detailed.doc
Page 2 of 3
The following were heard:
Planning Commission discussion:
Moved by and seconded by to
(recommend approval) (recommend denial) (continue consideration) of
Application 2014-11 to shift the rear lot line between 4939 Vera Cruz Avenue
North and 4938 Welcome Avenue North 45 feet east of its present location.
Motion carried.
2. Consider Application 2014-12 for a variance to reduce the rear setback
requirement to allow an addition to a nonconforming house at 4717 Florida
Avenue North. *
Staff presented the following:
The following were heard:
Planning Commission discussion:
G:IPLANNINGTIanning Commission12014112.081agenda detailed.doc
Page 3 of 3
Moved by and seconded by to
(recommend approval) (recommend denial) (continue consideration) of
Application 2014-12 for a variance to reduce the rear setback requirement to
allow an addition to a nonconforming house at 4717 Florida Avenue North.
Motion carried.
D. GENERAL INFORMATION
1. City Council actions on November 18 regarding previous Planning Commission
items:
• Approved a conditional use permit for custom manufacturing at 5249 Douglas
Drive North (Borja Dental)
• Approved a roof height variance to allow expansion of a nonconforming garage
at 6602 59th Avenue North
2. Staff preview of likely agenda items for Monday, January 12, 2015 meeting
E. OPEN FORUM
F. ADJOURNMENT
Moved by and seconded by to adjourn.
The meeting adjourned at
Motion carried.
p.m.
UTLANNINGTIanning Commission12014112.081agenda detailed.doe
Unapproved Minutes of November 10, 2014 Planning Commission Meeting
Page 1 of 3
CRYSTAL PLANNING COMMISSION MINUTES
Monday, November 10, 2014 at 7:00 p.m.
Council Chambers, Crystal City Hall
A. CALL TO ORDER
The regular meeting of the Crystal Planning Commission convened at 7 p.m. with the
followina members present:
X Commissioner (Ward 1)
X Commissioner (Ward 2)
❑ Commissioner (Ward 4)
Sears [Vice Chair]
Kolb
[vacant]
X Commissioner (Ward 1)
X Commissioner (Ward 3)
X Commissioner (Ward 4)
Heigel
VonRueden [Chair]
Johnson
X Commissioner (Ward 2)
X Commissioner (Ward 3)
X Commissioner (At -
Erickson
Buck [Secretary]
Large) Strand
Also attending were staff members John Sutter and Corinne Elfelt.
B. APPROVAL OF MINUTES
Moved by Commissioner Sears and seconded by Commissioner Buck to approve the
minutes of the October 13, 2014 regular meeting with no exceptions.
Motion carried.
C. PUBLIC HEARINGS
Consider Application 2014-9 for a conditional use permit for custom
manufacturing at 5249 Douglas Drive North (Borja Dental).
Planner Sutter indicated that this is the former Crystal Barbers building located
just north of the Alpine Dental office building between 52nd and 53rd and across
from the Crystal Vision clinic.
He stated Borja Dental purchased the property on a contract for deed and would
like to set up a custom dental appliance manufacturing facility. All of the work
would be inside, there would be no exterior work, and no trucks bigger than a
UPS or Fedex type vehicle would be making deliveries. The site has sufficient
parking, is zoned C-2 and custom manufacturing is allowed with a conditional
use permit.
Staff recommends approval with the condition that all delivery activity must occur
on the property and delivery drivers don't park on Douglas Drive or on
neighboring properties without permission from the property owner.
Commissioner Von Rueden asked if this business is associated with the adjacent
dental clinic, Planner Sutter stated that it is not at this time.
GAPLANNINGTIanning Commission12014111.10\unapproved minutes.doc
Unapproved Minutes of November 10, 2014 Planning Commission Meeting
Page 2 of 3
Commissioner Kolb questioned what triggered the CUP in this instance and
wanted to know if a dental office that also manufactured these types of devices
would require a CUP as well. Planner Sutter stated it depends on the principal
use of the property, a dental office could do some manufacturing on site as an
accessory use, but because the principal use of this property is manufacturing, a
CUP is required due to it being zoned commercial not industrial.
The following were heard:
No one spoke before the commission.
Moved by Commissioner Kolb and seconded by Commissioner Sears to
recommend approval of Application 2014-9 for a conditional use permit for
custom manufacturing at 5249 Douglas Drive North (Borja Dental).
Motion carried.
2. Consider Application 2014-10 for a roof height variance to allow expansion of a
nonconforming garage at 6602 591h Avenue North.
Planner Sutter said this is the property one house west of Elmhurst and 59th Ave.
The garage has a 19' roof height at the peak and was built in the late 1990's.
When it was built, building height was calculated as the average between the
eave and the peak of the roof. In 2004 the code changed so that the height was
whatever the highest point of the roof was. This change ended up making some
existing garages nonconforming.
The property owner would like to add an addition onto the back of the garage.
The garage will be just under the maximum size of 1,000 square feet. They
would like to make the roof height of the new addition the same 19' as the
existing garage, so a variance from the 15 foot maximum height is required.
Staff recommends approval with the condition that the upper level of the garage
continuing only be used for storage; the city does not allow apartments above
garages.
When questioned why the city ever measured height by the average between the
eave and the peak, Planner Sutter said he didn't know the answer, and
speculated that it may have been to give pitched roofs a break versus a flat roof,
although we don't have a lot of residential flat roofs here anyway.
Commissioner Kolb referenced Exhibit C and asked if it was common practice to
have residents justify the need for expanding their property. Planner Sutter said
we do ask that they provide a narrative to explain the project, and in the case of a
variance, to explain the practical difficulties, but the owner provided the additional
details on her own without prompting from staff.
The following were heard:
G:IPLANNING\Planning Commission12014111.1Olunapproved minutes.doc
Unapproved Minutes of November 10, 2014 Planning Commission Meeting
Page 3 of 3
No one spoke before the commission.
Commissioner Heigel asked whether there were any utility easements on the
back of the property, Planner Sutter indicated that the there is a 5 foot platted
utility easement along the rear lot line but the garage would be well clear of it.
Commissioner Buck questioned why the property owner would put a garage door
on the back of the property when there is no driveway access to that location.
Planner Sutter said that is becoming more common to provide access to make it
easier to get tools and equipment in and out of the garage and the yard.
Moved by Commissioner Strand and seconded by Commissioner Buck to
recommend approval of Application 2014-10 for a roof height variance to allow
expansion of a nonconforming garage at 6602 59th Avenue North with the
condition that the upper level be only used for storage.
Motion carried.
D. GENERAL INFORMATION
City Council actions on October 21 regarding previous Planning Commission items:
• Approved a conditional use permit for outdoor food and beverage service at 5592
West Broadway (Noodles & Company)
• Approved the Preliminary Plat of Gaulke Pond Homes on property located at
3908 and 3924 Douglas Drive North
2. City letter to Hennepin County regarding curb cuts for Gaulke Pond Homes, and the
county's response
3. Canadian Pacific Railroad letter and maps regarding Positive Train Control tower
installation
4. Staff preview of likely agenda items for Monday, December 8, 2014 meeting
Mr. Sutter indicated there was nothing he was aware of at this time.
5. Meeting Calendar and Application Due Dates for 2015
E. OPEN FORUM
No one spoke before the commission.
F. ADJOURNMENT
Moved by Commissioner Sears and seconded by Commissioner Heigel to adjourn.
Motion carried.
The meeting adjourned at 7:15 p.m.
GAPLANNING\Ptanning Commission1201411 1.1Olunapproved minutes.doc
M E M O R A N D U M
DATE: December 3, 2014
TO: Planning Commission (December 8, 2014 meeting)
FROM: John Sutter, City Planner/Assistant Community Development Director 4
SUBJECT: Public Hearin: Application 2014-11 to shift the rear lot line between 4939
Vera Cruz Avenue North and 4938 Welcome Avenue North 45 feet east of its
present location
A. BACKGROUND
The subject properties are as follows:
• 4939 Vera Cruz Avenue North (09-118-21-24-0036), legally described as Lot 9,
Kirkwood's First Addition to Crystal Village, Hennepin County, Minnesota, and
containing 10,200 sq. ft. (0.23 acres)
4938 Welcome Avenue North (09-118-21-24-0043), legally described as Lot 6,
Schroeder's Addition, Hennepin County, Minnesota, containing 6,000 sq. ft. (0.14
acres).
Both subject properties and adjacent properties are zoned R-1 Low Density Residential
and are improved with single family houses. The owner lives in the house at 4938
Welcome. They also own and are planning to sell the vacant house at 4939 Vera Cruz.
The applicant desires to increase the size of their 4938 Welcome property while
downsizing the 4939 Vera Cruz property. To that end they propose to detach the west
45 feet of 4939 Vera Cruz and attach it to 4938 Welcome, which would shift the lot line
45 feet east of its present location.
Notice of the Planning Commission's December 8 public hearing was mailed to property
owners within 350 feet and published in the Sun Post on November 26. No comments
have been received.
The following Exhibits are attached:
A. 2012 aerial photo
B. Mark-up of aerial photo showing new lot line
C. Mark-up of 1988 survey of adjacent property (4945 Vera Cruz) showing location of
existing detached garage in relation to proposed rear lot line
4939 VERA CRUZ AVE N - REALIGNMENT OF REAR LOT LINE WITH 4938 WELCOME
PAGE 1 OF 2
B.
C.
STAFF COMMENTS
After the realignment of the rear lot line, The parcels would be as follows:
ADDRESS CURRENT DIMENSIONS PROPOSED DIMENSIONS
4939 Vera Cruz 60 x 170 = 10,200 sq. ft. 60 x 125 = 7,500 sq. ft.
4938 Welcome 60 x 100 = 6,000 sq. ft. 60 x 145 = 8,700 sq. ft.
4939 Vera Cruz would still conform to the minimum lot dimensions required for the R-1
district: 60 feet wide, 100 feet deep and 7,500 sq. ft. area (all three must be met). 4938
Welcome would become a conforming lot (it is currently nonconforming as to lot area).
Realignment of the rear lot line would not create any nonconformities to the city's
setback, lot coverage or related zoning requirements, provided that the owner removes
the existing concrete slab located behind the 4939 Vera Cruz garage. Staff
recommends that this be a required condition of approval. The owner has indicated
that they intended to remove the slab anyway because of its condition, although given
the current season this will not be practical until spring 2015.
It is important to note that the existing utility lines will remain in their present location
along the existing rear lot line. This means they will pass through the middle of what
will be 4938 Welcome's (now larger) rear yard. While this is not ideal, it is also not
unprecedented in an older community where lot lines change many years after private
utilities are installed. However, because there is no easement for these utility lines,
staff recommends that the city require the owner to grant a 10 foot drainage & utility
easement centered on the existing utility lines. The owner has indicated that they would
not object to this requirement.
STAFF RECOMMENDATION
Approve the requested realignment of the rear lot line between 4939 Vera Cruz and
4938 Welcome subject to the following conditions of approval:
• Prior to the lot realignment resolution being recorded, the owner shall execute a 10
foot wide drainage and utility easement centered on the utility lines which run along
the existing rear lot line.
• Within 6 months of the lot realignment resolution being adopted, the owner or
successors in ownership shall remove the concrete slab located behind the 4939
Vera Cruz garage.
Planning Commission action is requested in the form of a recommendation to the City
Council. The motion should reference the findings and conditions in the staff report or
include other findings and conditions specifically stated by the Commission.
The City Council would consider the Planning Commission's recommendation at its
meeting on December 16.
4939 VERA CRUZ AVE N - REALIGNMENT OF REAR LOT LINE WITH 4938 WELCOME
PAGE 2OF2
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M E M O R A N D U M
DATE: December 3, 2014
TO: Planning Commission (December 8, 2014 meeting)
FROM: John Sutter, City Planner/Assistant Community Development Director
SUBJECT: Public Hearing: Application 2014-12 for a variance to reduce the rear
setback requirement to allow an addition to a nonconforming house at
4717 Florida Avenue North
A. BACKGROUND
The subject property is 75 feet wide and 95 feet deep, with an area of 7,125 sq. ft. It
has an 834 sq. ft. house that first appears in a 1947 aerial photo on a larger farmstead
parcel that already had several other buildings. By 1956 most of the other buildings had
been demolished and the farmstead subdivided into lots. It was during this period that
the subject property's current dimensions were established and the surrounding
neighborhood went from farmland to nearly fully developed.
The property and adjacent properties are zoned R-1 !_ow Density Residential.
The house is set back approximately 27 feet from the rear lot line which conformed to
the rear setback requirement in effect at the time (25% of the lot depth, or in this case
23.75 feet). Upon adoption of the 30 foot rear setback in 1976, the house became
nonconforming to the rear setback requirement. The owner desires to significantly
renovate the house and construct a major addition on the north side. A nonconforming
building cannot be expanded without a variance. Because the house is not parallel to
the rear lot line, the setback decreases as one moves north. For this reason, the owner
seeks a variance to reduce the rear setback to 25 feet for the house. The owner also
desires to add a deck to the rear of the house, which would require a variance reducing
the deck setback from 22 to 14 feet.
Notice of the Planning Commission's December 8 public hearing was mailed to property
owners within 350 feet and published in the Sun Post on November 26. No comments
have been received.
The following Exhibits are attached:
A. Applicant's narrative
B. Historical aerial photos
C. 2012 aerial photo
D. Existing conditions survey excerpt
E. Site pian showing proposed house after addition
F. House plans showing proposed renovation and addition
4717 FLORIDA AVE N -- REAR SETBACK VARIANCE
PAGE 1 OF 2
B. STAFF COMMENTS
State statute* requires variances to meet all three of the following criteria:
• The property owner proposes to use the property in a reasonable manner not
permitted by an official control; and
the plight of the landowner is due to circumstances unique to the property not
created by the landowner; and
the variance, if granted, will not alter the essential character of the locality.
*In 2011 state law was changed to replace the `undue hardship' criteria for
variances with much easier -to -meet `practical difficulty' criteria.
The requested variance meets all three criteria in the statute:
Construction of an addition with approximately the same setback as the existing
house is a reasonable use of the property, provided that it merely extends the
existing rear wall of the house as shown in the submitted house plans. Construction
of a deck on the rear of the house is also a reasonable use of the property, provided
that it does not extend further from the house than shown in the submitted house
plans.
2. The property has unique circumstances due to it being platted with an unusually
shallow depth of 95 feet and rear setback of approximately 27 feet.
3. The proposed use would not alter the essential character of the locality because it is
an addition that would be in line with an existing, lawfully nonconforming building,
and the house closest to the deck (4720 Georgia) is on an oversized lot and is
unusually far from the subject property.
Approval is recommended based on these findings of fact.
C. STAFF RECOMMENDATION
Approve the requested variances:
• Reduce the minimum rear setback from 30 feet to 25 feet to allow an addition on the
north side of the existing house, provided that it merely extends the existing rear wall
of the house as shown in the submitted house plans.
• Reduce the minimum rear setback for a deck on the rear of the house from 22 feet
to 14 feet, provided that it does not extend further from the house than shown in the
submitted house plans.
Planning Commission action is requested in the form of a recommendation to the City
Council. The motion should reference the findings and conditions in the staff report or
include other findings and conditions specifically stated by the Commission.
The City Council would consider the Planning Commission's recommendation at its
meeting on December 16.
4717 FLORIDA AVE N - REAR SETBACK VARIANCE
PAGE 2OF2
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