2013.12.09 PC Meeting Packetrage i ui 3
CRYSTAL PLANNING COMMISSION AGENDA
Mondav, December 9 2013 at 7:00 .m.
Council Chambers, Crystal City Hall
Commissioners, please call 763.531.1142 or email
iohn.sutteL crystalmn.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 following members resent:
❑ Commissioner (Ward 1)
❑ Commissioner (Ward 2)
❑ Commissioner (Ward 4)
Sears [Vice Chair]
Kolb
Richter
[ICommissioner (Ward 1)
ElCommissioner (Ward 3)
❑ Commissioner (Ward 4)
Heigel
VonRueden [Chair]
Johnson
❑ Commissioner (Ward 2)
❑ Commissioner (Ward 3)
❑ Commissioner (At -Large)
I
Erickson
I Buck [Secretary]
Strand
B. APPROVAL OF MINUTES *
Moved by and seconded by to approve the
minutes of the November 12, 2013 regular meeting with the following exceptions:
Motion carried.
C. PUBLIC HEARINGS
1. Consider Application 2013-15 for a Conditional Use Permit and setback variance
for Christina's Child Care Center at 5510 West Broadway including an outdoor
play area along Sherburne Avenue *
Staff presented the following:
GAPLANNINGTIanning Commission12013112.091agenda detailed.doc
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The following were heard:
Planning Commission discussion:
Moved by and seconded by to
(recommend approval) (recommend denial) (continue consideration) of
Application 2013-15 for a Conditional Use Permit and setback variance for
Christina's Child Care Center at 5510 West Broadway including an outdoor play
area along Sherburne Avenue.
Motion carried.
2. Consider Application 2013-16 for setback variances to allow expansion of an
existing house and detached garage at 4952 Quail Avenue North
Staff presented the following:
The following were heard:
Planning Commission discussion:
&TLANNINGTIanning Commission12013112.091agenda detailed.doc
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F.
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Part A (house): Moved by and seconded by
to (recommend approval)
(recommend denial) (continue consideration) of Application
2013-16, in part, for a setback variance to allow expansion of
an existing house at 4952 Quail Avenue North.
Motion carried.
Part B (garage): Moved by and seconded by
to (recommend approval)
(recommend denial) (continue consideration) of Application
2013-16, in part, for setback variances to allow expansion of
an existing detached garage at 4952 Quail Avenue North.
Motion carried.
GENERAL INFORMATION
Letter sent to Metropolitan Council regarding the 2040 forecast's
2. City Council action on previous Planning Commission items:
- Adopted an ordinance rezoning Crystal Gallery Mall to C-2 Planned
Development for a new building, de -mailing and parking lot improvements
- Approved a CUP for an 8' tall fence at 7200 56th Avenue North
- Adopted an ordinance allowing multicolor electronic signs
3. Staff preview of likely agenda items for Monday, January 13 meeting (annual
organizational meeting)
OPEN FORUM
ADJOURNMENT
Moved by and seconded by to adjourn.
The meeting adjourned at
p.m.
Motion carried.
GAPLANNINGTIanning Commission12013112.091agenda detailed.doc
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Page 1 of 7
CRYSTAL PLANNING COMMISSION MINUTES
Tuesday, November 12, 2013 at 7:00 p.m.
Council Chambers, Crystal City Hall
CALL TO ORDER
The regular meeting of the Crystal Planning Commission convened at
following members r)resent:
p.fftjth the
Liaison Casey Peak.
APPROVAL OF MINUTES
Moved by Commissioner Sears a
minutes of the October 14, 2013 1
PUBLIC HEARING
Motion carried.
01 3 -13 -for a Conditional Use Permit to allow an 8 foot
nue North (MD Liquors)*
the following:
a
stated that the subject property is zoned C-1, Neighborhood
al. The property owner wants to install a fence along most of the west
lot lines. The fence will start 30' back from the lot lines along the
streets, provide better screening, and the light levels will not exceed the
ordinance at the lot line. Mr. Sutter also said that requiring the nice side of the
fence to face out should be part of the approval process, as it is the standard
practice in fence construction.
GAPLANNING1Planning Commission12013111.12 (Tuesday)lunapproved minutes.doc
Unapproved Minutes of the uctooer 14, Lu I J r►ammng t-ommission ivieeLiug
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The following were heard:
Moved by Commissioner
recommend approval of)
allow an 8 foot fence
findings of fact and i
removed or covere
)n by Commissioner Kolb to
,r
3 for a Conditional Use Permit to
ie North (MD Liquors) subject to the
nditions: the old fence posts must be
the new fence faces the neighbors.
Motion carried.
amend City Code Section 405 to allow
Mr. S ter aid that this change was requested by the same property owner as
the fe e, but it's not specific to the subject property, it's a change to the code for
e ire city. Currently Crystal does not allow electronic signs of more than one
r.. Mr. Sutter also mentioned that the stated purpose was to avoid putting
paper banners in the window, but even if the sign is approved, this would not
prevent the property owner from also using paper banners inside the building.
Staff looked at what adjacent cities to Crystal allowed. Other cities do allow
multicolor signs, Crystal is unique in not allowing them however there are other
areas where Crystal is less restrictive.
GAPf.ANNMOTIanning Commission12013111.12 (Tuesday)lunapproved minutes.doc
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Staff is recommending allowing electronic signs but requiring the duration be a
minimum of 2 minute image length so it's not a distraction to motorists.
LED signs are much brighter to grab attention, and there are valid traffic safety
reasons to treat them differently than the single color signs. There are currently
no brightness limits because the single color signs are not that bright. LED's can
be programmed to be like a giant TV, and staff would recommend these signs
have the same maximum light level standard for electronic sign parking lot
lights in terms of limiting it any residential property line and thea line of any
adjacent street. Mr. Sutter recommended prohibiting animation, th a as the
surrounding cities, for traffic safety reasons.
The following were heard:
Nobody was heard.
Commission discussion:
Commission Heigel said he noticed no
that the normal setbacks on height will
of any lot line or more than 25' high.
New Hope's code requiring 30' fro
have residential properties bon en
located on the property and hei
residents.
Mr. Sutter stated the
this was not include
setbacks for that b
think there wo e
J�ht levels at the lot line. He also said that
cases any residential use, because of the
rtell
more than 30' anyway. He doesn't
setbacks in, but he thought it wouldn't
estio d why it needs to be 50 square feet. He brought
ge by wy 100 and Normandale Blvd and that it creates a
drivers are watching the sign.
Mr. ttered that the 50 square feet is small enough, it's a maximum size
and c 't b bigger than that. We no longer allow off -premises signs. The
billbo s currently in Crystal are grandfathered in. In some cities, the concern is
it a billboards. He said that would not happen with multicolor signs, the 50
are feet requirement keeps it at scale. The current code for single color signs
is also 50 square feet. He also said the signs are usually located out closer to
the road.
Commissioner Kolb commented that one of the things that drive him crazy is
unnecessary regulation. He questioned if the decision to prohibit animation was
being based on a study and said things spread from city to city, and it's not
necessarily based on fact. Mr. Sutter replied that there is no study he could cite,
GAPLANNING\Planning Commission\2013\1 1. 12 (Tuesday)\unapproved minutes.doe
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but that it's common sense, you can program these new signs as giant TV's, and
that any type of moving image is a bad idea.
Commissioner Strand said she's not sure if it's a study, but one of the news
channels had a segment on billboards and what a distraction they were.
Commissioner Sears stated that the light on those signs are very different, it's
very piercing. It's a different kind of intensity, and he feels thereAhould be more
of a comparison between types of lights for signs, and he woul p for no more
than 50 square feet and images with a longer duration.
Commissioner Kolb said he feels the opposite on duration and
regulation instead of more.
Mr. Sutter said the light levels in terms of intensity wo
parking lot lights and where these are different is in tH
also mentioned that when this was first looked a*e
discussion that if it was adjacent to residential p
limit as
ie. He
it should be a
conditional use, but that adds additional fe s an uires a public
hearing. It might be a good idea to have con i al use permit process so the
neighbors who will be affected have a a e to pr ide input, but these rules
were set up so they would not have o t h t process and no matter
where the sign is located, the light nd i changing could be tolerable.
Mr. Sutter also stated that
for certain instances in Bn
more questions or are
information to not fejel e,
)t7ealso
hies require special approval except said if the commissioners have
this decision without more
tonight.
5siSears questioned the size of the sign at the dental office. Mr.
aiIre wasn't sure about the size of the sign, but that what he noticed
htness, it's a very different type of sign from what has been allowed in
He also said if commissioners wished to check out signs in other
>, Brooklyn Park is an obvious choice.
Commisioner VonRueden commented that New Hope is the only suburb with
brightness the same as ours. Mr. Sutter said that if the commissioners would
like, he can check the specs with New Hope.
is
Commissioner Heigel asked whether any other businesses had expressed
interest in these signs. Mr. Sutter said it usually comes up once or twice a year.
G:TLANNING\Planning Commission\2013\11.12 (Tuesday)\unapproved minutes.doc
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Commissioner Erickson said that looking at the number of commercial properties,
she wondered how many businesses that may put up these types of signs butt
up to residential properties. Mr. Sutter said that's going to come up at the edges
of neighborhoods, and mentioned Herzing University has one and Thriftway had
one previously, although those were single color.
Commissioner Erickson also said wondered how much illumination went into the
surrounding properties. Mr. Sutter said that if someone buys a se near a
commercial property there has to be some expectation of impa the other
hand, changing the ordinance to allow this new technology which i h
brighter, also has to be part of the consideration.
Mr. Sutter said that these signs are u
Commissioner Sears said that
50' sign so there's a different
but that a commercial parki
Sears said that they would
intensity square area
Commissioner Ri
freestanding s.
stated that tv ica
w t signs can be. Mr. Sutter said 25' for
m Te$trnter line of the adjacent street and
up higher with the reader in the middle.
<e they were limited to one electronic sign per
ssion it was determined that they were limited to one
si Heigel stated that he wants to have a CUP process and adopting
ac ommodate the things brought up tonight like lighting intensity and
He said that he feels these things need to be included.
missioner VonRueden said that this is nothing more than what is already
allowed; this is just an option for color.
Commissioner Erickson asked if we knew where the 7200 56th property owner
plans to put the sign. Mr. Sutter said no, they have not submitted a permit
application for that but there is a 10' setback from any lot.
Commissioner Strand commented that the property owner can put the sign up
right now, he's just asking for color.
GAPLANNINGTIanning Commission12013111.12 (Tuesday)\unapproved minutes.doc
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Commissioner Erickson said she's not necessarily opposed to it but there could
be a lot of unique situations and doesn't feel comfortable with a blanket approval.
Commissioner Kolb questioned what the permit process was and thought it
would take care of some basic concerns. Mr. Sutter said it needs to meet the
requirements of the ordinance, if so, staff must issue the permit regardless of
neighborhood comment.
Commissioner Richter said that he
doesn't know that he sees a big rui
had wanted a sign they would hav(
amending the code. AM
Commissioner Strand
would be adding some
either.
Commissione
iced t dental office sign and he
Iu r s' s. He felt that if they would
alrea d he doesn't have a problem
no limitation on brightness and this
color and she has no problem with it
,ese s ns are sending an image through the
light shines on the sign, with these, the sign is a
the difference.
w Hope does have light limitation at one foot from the sign
R 500 lumens per square meter. He said he can go further
other suburbs to see if they have other limitations. There's no
time into it if the commission wants more information.
W
sioner Sears said that the property owner who requested the fence, the
lightintensity is just as bright at 10' as our ordinance says not to be the
nsity to exceed at street center line. He said to look at the intensity of
one of the lights and see how bright it is.
Moved by Commissioner Kolb and seconded by Commissioner Buck to
recommend approval of Application 2013-14 to amend City Code Section 405 to
allow multicolor electronic signs. Voting nay: Sears, Heigel and Erickson and
voting aye: Kolb, VonRueden, Buck, Richter, Johnson and Strand.
Motion carried 6 — 3.
GAPLANNINGTIanning Commission12013111.12 (Tuesday)lunapproved minutes.doc
Page 7 of 7
D. OLD BUSINESS
1. Update on Metropolitan Council's preliminary 2040 forecasts
Mr. Sutter said that the workshop was good, he felt the tech was told what to do from
higher-ups, but agreed with the questions raised by Crystal and other cities. Crystal
was not the only city who felt the numbers in the forecast were ridic us.
The city will be sending a letter to the Metropolitan Council and he felt t might
be a good idea for the Planning Commission chair to sign it also.
F.
G
1.
Staff preview of likely agenda items fo day, tuber 9 meeting
Mr. Sutter said there could possi va request to add on to an existing
house. He also said there was hing th aulke property yet.
None were heard.
ADJOURNMENT
by Commissioner Erickson to adjourn.
Motion carried.
G:IPLANNINGIPIanning Commission12013111.12 (Tuesday)lunapproved minutes.doc
M E M O R A N D U M
DATE: December 4, 2013
TO: Planning Commission (December 9, 2013 meeting)
FROM: John Sutter, City Planner/Assistant Community Development Director
SUBJECT: Public Hearing: Application 2013-15 for a Conditional Use Permit and
setback variance for Christina's Child Care Center at 5510 West Broadway
including an outdoor play area along Sherburne Avenue
A. BACKGROUND
The subject property contains 7.74 acres and is occupied by the Crystal Gallery Mall
built in 1984. It is zoned C-2 Planned Development.
The applicant proposes a 6,309 sq. ft. child care center within the existing building and
a 1,500 sq. ft. fenced outdoor play area. The play area would be located 7 feet from the
lot line along Sherburne Avenue instead of the minimum 30 foot setback. A Conditional
Use Permit (CUP) and setback variance are required.
Notice of the public hearing was published in the Sun Post on November 28, 2013 and
mailed to all property owners within 350 feet of the property. On December 9, 2013 the
Planning Commission will hold the public hearing and consider making a
recommendation for the City Council to consider at its December 17, 2013 meeting.
The following Exhibits are attached:
A. Owner's narrative
B. Aerial photo, spring 2012 (wide view and zoomed in)
C. Site photos
D. Site plan (wide view and zoomed in)
E. Floor plan
F. Fence information
B. STAFF COMMENTS
1. Conditional Use Permit
Approval is recommended based on the following findings of fact:
5510 WEST BROADWAY (CHRISTINA'S CHILD CARE CENTER) - CUP & VARIANCE - OUTDOOR PLAY AREA
PAGE 1 OF 4
a) The city council finds that there is adequate off-street parking to
accommodate the use.
The proposed use would be part of a shopping center that provides
adequate parking for a mixture of C-2 uses including child care. City
Code requires the shopping center to have at least 371 stalls; it
currently has 394 stalls, and after the upcoming parking lot
improvements by 2015 it will have 399 stalls. The child care center
will have direct access to the parking lot on the south side of the
mall. As a practical matter, in addition to the off-street parking, some
parents may choose to park on Sherburne Avenue for pick up and
drop off, but the road is striped for parking in any case. If traffic or
safety problems do occur, the city has the right to restrict parking on
Sherburne Avenue under the same authority as it may regulate
parking on any public street.
b) The facility is served by arterial, collector or municipal state aid streets
and such pedestrian facilities as are necessary to accommodate the traffic
generated by the facility.
The property has adequate access and the adjacent roads have
adequate capacity. It is bounded by two county roads (West
Broadway and 56t /Bass Lake Road), an MSA street (Sherburne) and
a local street built to MSA standards (55th). Traffic volumes range
from a high of 16,400 AADT on 56th/BLR to a low of 1,850 on 55th, and
all are within the design capacity for their respective roadway type.
The primary access to the parking lot for the child care center would
be from West Broadway and 55th. The abutting streets all have
sidewalks, and the city's sidewalk and trail network extends in nearly
all directions from the property.
c) The city council determines that all applicable requirements of subsection
515.05, subdivision 3 a) and section 520 are considered and satisfactorily
met:
• 515.05 Subd. 3a): In addition to specific standards or criteria included
in the applicable district regulations, the following criteria shall be
applied in determining whether to approve a conditional use permit
request:
-- The consistency of the proposed use with the Comprehensive
Plan.
The proposed use would be located in Crystal's largest
commercial area and is a type of use commonly found in
commercial areas.
5510 WEST BROADWAY (CHRISTINA'S CHILD CARE CENTER) - CUP & VARIANCE - OUTDOOR PLAY AREA
PAGE 2 OF 4
- The characteristics of the subject property as they relate to the
proposed use.
The proposed use would be in a part of the mail designed not
for retail but for office or institutional use, and the outdoor
play area would be located on the quietest side of the building
except for occasional deliveries to other mall tenants.
- The impact of the proposed use on the surrounding area.
The proposed use would not negatively impact the
surrounding area provided that the following conditions are
met:
• Due to child care centers having an above-average need for
short term parking for drop off and pick up, the property
owner will work with the applicant and other affected
tenants to designate or otherwise preserve adequate
spaces in the parking lot for this purpose at peak times.
• The proposed fence for the outdoor play area is required to
separate the semi-public realm along the east side of the
mall and the public sidewalk from the private space of the
outdoor play area.
• The fence shall be maintained in good repair, and promptly
repaired after any damage or deterioration, in accordance
with any code compliance orders issued by the city.
The city council may impose transferability limitations, renewal
requirements, hours of operation limitations or other operational
restrictions as a condition of approval of any conditional use permit if
determined by the council to be necessary to address anticipated
impacts of the proposed use.
This CUP is non -transferable unless the City Manager determines
that the new user will operate in the same manner as the initial
user (Christina's Child Care Center).
• Section 520 (Site & Building Plan Review)
Not applicable.
2. Setback Variance
The requested variance meets all three criteria:
a) The proposed play area would be located in a lawn area facing a
public sidewalk, street and park. Therefore the owner proposes to
5510 WEST BROADWAY (CHRISTINA'S CHILD CARE CENTER) - CUP & VARIANCE - OUTDOOR PLAY AREA
PAGE 3 OF 4
use the property in a reasonable manner not permitted by an official
control; and
b) The property is surrounded by public streets, with no private rear or
side yard, and there is no better location to install the play area,
which is allowed in this zoning district. Therefore the plight of the
landowner is due to circumstances unique to the property not
created by the landowner; and
c) The play area is located where the city's largest commercial area
transitions to a park and two apartment buildings. Therefore the
variance, if granted, will not alter the essential character of the
locality.
C. RECOMMENDED ACTION
Approve Application 2013-15 for Crystal Gallery Mail subject to the findings of fact in
bold type in Section B of this report which includes conditions of approval.
Planning Commission action is requested. The City Council would consider the
Planning Commission's recommendation at its meeting on December 17, 2013,
5510 WEST BROADWAY (CHRISTINA'S CHILD CARE CENTER) - CUP & VARIANCE - OUTDOOR PLAY AREA
PAGE 4 OF 4
r
"Where Growth and Learning Become One."
Overview of Christina's Child Care Operation
in the Crystal Gallery Mall
Executive Summary
Christina's Child Care Center aims at preparing its students to excel as young
leaders of tomorrow by combining an exclusive collegiate -based curriculum
tailored specifically for children with enhanced first class child care services.
Each day, Christina's Child Care provides a balanced approach to learning, giving
parents the peace of mind that their child will have fun as he/she develops socially,
emotionally, physically, and intellectually. We give each child the tools to become
confident and self -aware. In a caring and stimulating atmosphere, our passionate
and engaging teachers give the children endless opportunities to grow, learn, and
imagine—whether building a spaceship to blast off to Mars or inviting a new
friend to share a story during group time.
While academics play a role in development, we believe there are many other
opportunities for enhancing the whole child. We recognize that curriculum is
more than what it appears in manuals or a series of activities. We believe
curriculum is everything that happens in the classroom, from interactions and
meals to singing and playing. We never miss an opportunity to educate.
Christiana's Child Care Center teaches children life skills that go beyond reading,
writing, and math.
• Playing with toys helps develop motor skills and teaches lessons about
sharing with friends.
• Singing songs while washing hands instills an interest in the arts while
forging social bonds and educating children about the need for good
hygiene.
4
Company Summary
Christina's Child Care Center — a Minnesota registered Corporation and licensed
child care center will be located in Crystal, Minnesota. The Center will employ six
fundamentals that will serve as the driving force for the services offered:
■ Premier Early Childhood Education and Child Care Giving Services
■ An Activity Based, Children Structured Collegiate Curriculum
■ Advanced Technology and Developmental Program.
■ Trademarked General and "Continuing" Education
■ Mentoring and Tutoring Learning Services
• Before, and After -School Program.
Company Brief History
Christina's Child Care Center was founded by its vision bearers Ophelia V. and
Stephen Barron Zeogar in Brooklyn Park, Minnesota in 2006. The couple has been
a resident of the State of Minnesota since 1996. Started as a licensed Family Child
care in the home of its founders, this operation became a licensed child care center
on May 16, 2011. We offer eco -friendly child care centers with a focus upon
customer service to the parents and children served by our program. This is the
key to our success and we give God the glory.
Community Advancement and Involvement
Because of the quality services and our dedication to the health, safety and welfare
of children, we are getting many calls for enrollment. The Crystal Center will
afford us the opportunity to expand and meet the needs of parents. This newly
renovated 6,237 square feet facility in the Crystal Gallery Mall will be developed to
meet strict CCC design standards, under the direct supervision of Hennepin
County and the State of Minnesota child care licensing. This new facility will
increase our volume from 39 kids to 100 plus kids. It will create enough rooms for
more infants, toddlers, preschools, and school-age and after school kids in our
program. This will enable our center to fully serve needed parents within the city
of Crystal and other surrounding cities.
05-11 i3-11-44 -OU4(i A- 1 4 5: boin
ID: Print Date: 11/18/2013
Owner Crystal Gallery Developers Market $4,600,000 7AT
Name: Total:
Parcel 5502 West Broadway
Address: Crystal, MN 55428
Property Commercial -Preferred
Type:
Home- Non -Homestead
stead:
Parcel 7.74 acres
Area: 337,362 sq ft
Tax $200,040.72
Total: (Payable: 2013)
Sale
Price:
Sale
Date:
Sale
Code:
This map is a compilation of data from various
sources and is furnished "AS IS" with, no
representation or warranty expressed or
implied, including fitness of any particular
purpose, merchantability, or the accuracy and
completeness of the information shown,
COPYRIGHT Q HENNEPIN COUNTY 2013
Think, GreeW
Parcel 05-118-21-44-0046
ID:
Owner Crystal Gallery Developers
Name:
Parcel 5502 West Broadway
Address: Crystali, MN 55428
Property Commercial -Preferred
Type:
Home- Non -Homestead
stead:
Parcel 7.74 acres
Area: 337,362 sq ft
Market
$4,600,000
Total:
Tax
$200,04012
Total:
(Payable: 2013)
Sale
Price:
Sale
Date:
Sale
Code:
Map Scale: 1 50 ft.
Print Date: 1 111 8/201 3
This map is a compilation of data from various
sources and is furnished "AS IS" with no
representation, or warranty expressed or
implied, including fitness of any particular
purpose, merchantability, or the accuracy and
completeness of the information shown.
COPYRIGHT 0 HENNEPIN COUNTY 2013
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MID -AMERICA
REAL ESTATE - MINNESOTA LLC
5353 WAYZATA BOULEVARD
SUITE 650
MINNEAPOLIS, MN 55416
(952)563-6600
PROJECT
CHRISTINA'S
CHILD CARE CENTER. INC.
CRYSTAL GALLERY MALL
5510 WEST BROADWAY
CRYSTAL, MN 55428
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M E M O R A N D U M
DATE: December 4, 2013
TO: Planning Commission (December 9, 2013 meeting)
FROM: John Sutter, City Planner/Assistant Community Development Director
SUBJECT: Public Hearing: Application 2013-16 for setback variances to allow
expansion of an existing house and detached garage at 4952 Quail Avenue
North
A. BACKGROUND
The subject property contains 7,528 sq. ft. (0.17 acres) and is occupied by a single
family house and one -car detached garage. There are no permits on file for either
building, but based on aerial photos they appear to have been built between 1937 and
1940. The city began requiring building permits in 1939 and adopted its first zoning
ordinance in 1946.
The property owner, Mike and Pam Brady, recently purchased the property and are
preparing to build an addition on the east (front) of the house. They also have medium-
term plans to either expand the existing garage or replace it with a new, larger garage.
• The house is set back 3Y2 feet from the north side lot line. It is lawfully
nonconforming ("grandfathered in") with respect to the 5 foot side setback
requirement for principal buildings in effect since 1946. Because the house is
nonconforming, it cannot be expanded unless a variance is granted to reduce the
north side setback requirement to 3 feet.
• The garage is set back approximately one foot from the north side lot line and west
(rear) lot line along Quail Avenue. Without a survey we do not know the garage's
exact location to a fraction of a foot, but it appears that the roof overhang on the
Quail side is within 6 inches of the lot line. The garage is lawfully nonconforming
("grandfathered in") with respect to the 3 foot setback requirement for accessory
buildings in effect since 1946. Because it is nonconforming, it cannot be expanded
unless a variance is granted to eliminate the setback requirement.
The property owner is applying for both variances. Notice of the public hearing was
published in the Sun Post on November 28, 2013 and mailed to all property owners
within 350 feet of the property. On December 9, 2013 the Planning Commission will
hold the public hearing and consider making a recommendation for the City Council to
consider at its December 17, 2013 meeting.
The following Exhibits are attached:
4952 QUAIL - SETBACK VARIANCES - HOUSE & DETACHED GARAGE
PAGE 1 OF 4
A. Owner's narrative
B. Aerial photo, spring 2012 (wide view and zoomed in)
C. Site sketch
D. Site photos
B. STAFF COMMENTS
State statute and city code require that all three of the following criteria must be met for
a variance to be granted:
• 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.
None of the other seven houses on the east side of Quail fronting on Twin Lake Blvd
appear to have a side setback encroachment.
However three of the other seven have detached garages that appear to be located
less than three feet from the lot line along Quail:
• 4916 Quail: One -car garage built between 1940 and 1947, and no subsequent
permits for expansion, so it has the same legal status as the subject property.
• 4948 Quail: Two -car garage built between 1940 and 1947, and no subsequent
permits for expansion, so it has the same legal status as the subject property.
• 4958 Quail: Two -car garage built after variance granted by City Council on July 17,
1984. The submitted application and survey showed the garage being set back 1
foot from the lot line along Quail and the roof overhang appears to be right on the lot
line. The application and Council approval minutes do not discuss any findings for a
variance from the 3 foot setback requirement which was in effect at the time.
1. House Setback Variance
The requested variance meets all three criteria in the statute:
a) The setback encroachment is limited to only a small (-10 sq. ft.)
bump -out; the rest of the house meets all setback requirements. The
size and shape of the encroachment is similar to what the ordinance
already allows in the front and rear setbacks. The north wall of the
bump -out is 9 feet from the adjacent house, close to the typical
minimum of 10 feet, and most of the north wall is 11 feet from the
adjacent house. The proposed addition to the house would fully
comply with setback requirements. Therefore the proposed use of
the property (expansion of the house) is reasonable, provided that
the reduced setback only applies to the existing encroachment so
that any future expansion of the house must comply with the
standard setbacks; and
4952 QUAIL - SETBACK VARIANCES - HOUSE & DETACHED GARAGE
PAGE 2 OF 4
b) The house was built prior to city setback requirements which came
into effect in 1946. Therefore the plight of the landowner is due to
circumstances unique to the property not created by the landowner;
and
c) The proposed variance would recognize the existing house's form
and extent as conforming. Therefore the variance, if granted, will not
alter the essential character of the locality, provided that the reduced
setback of 3 feet only applies to the existing, minor encroachment so
that the remainder of the existing house must continue to comply
with the standard 5 foot minimum side setback.
Approval is recommended based on these findings of fact.
2. Garage Setback Variance
The requested variance does not meet all three criteria in the statute; it
meets b) but does not meet a) and c):
a. The setback encroachmentsapply to the full length of its walls along
both adjacent lot lines. The degree of encroachment is severe, with
the existing setback being approximately 1 foot to the wall and,
along Quail, 6 inches to the roof overhang, instead of the standard
minimum setback of 3 feet for accessory buildings. The quality of
encroachment is severe due to the close proximity of Quail Avenue
due to the roadway curb being less than 4 feet from the garage.
Allowing the expansion of the existing garage would make these
severely nonconforming setbacks more permanent. The owner has
a reasonable alternative: Demolish the existing one -car garage and
build a larger garage in compliance with the setbacks. Therefore the
proposed use of the property (expansion of the nonconforming
existing garage) is not reasonable; and
b. The garage was built prior to city setback requirements which came
into effect in 1946. Therefore the plight of the landowner is due to
circumstances unique to the property not created by the landowner;
and
C. The proposed variance would reduce the 3 foot setback, required by
the city since 1946, to 1 foot on the north side and 0 feet on the west
(Quail) side. Over time, nonconforming accessory buildings such as
this garage are typically demolished and replaced with conforming
accessory buildings. Therefore allowing expansion of the existing
detached garage would alter the essential character of the locality.
4952 QUAIL - SETBACK VARIANCES - HOUSE & DETACHED GARAGE
PAGE 3 OF 4
Denial is recommended based on these findings of fact. If the Commission
instead desires to approve the variance, then it would need to articulate
alternate findings of fact for criteria a) and c), or direct staff to prepare
alternate findings for consideration at a subsequent meeting.
C. RECOMMENDED ACTION
1. Approve Application 2013-16 in part, to grant a variance allowing expansion of
the existing house, subject to the findings of fact in bold type in Section B-1 of
this report which includes conditions of approval.
2. Deny Application 2013-16 in part, to uphold the ordinance's prohibition on
expansion of the existing detached garage, subject to the findings of fact in bold
type in Section B-2 of this report.
Planning Commission action is requested, preferably in separate motions for each part
of the application. The City Council would consider the Planning Commission's
recommendation at its meeting on December 17, 2013.
4952 QUAIL - SETBACK VARIANCES - HOUSE & DETACHED GARAGE
PAGE 4OF4
Request for Clearance for (Building Permit - 4952 Quail Avenue North
November 18, 2013
Dear Crystal Staff, Planning Commissioners, and Council Members,
My wife, Pamela, and I purchased a home at 4952 Quail Avenue North. We love the home and plan to
move from our home in Plymouth as soon as possible. There is a fair amount of work to be done on the
home; restorative and the addition of a sunroom and bathroom on the main floor. Your inspection
official can testify as to the condition of the home and yard prior to our purchase.
When we went to make application for building permit, we were told we needed to determine if the
property is within the setbacks. We have to say although the City officials were polite, the $500 Fee for
something that has been there for more years than this Grandfather has been alive, seems onerous.
As you can see by the pictures attached, we have already cleaned up the overgrown weeds and brush.
The site plan shows the house within all setbacks except for one small bump out in the kitchen. As also
shown, the foundation for this bump out is the original construction. The garage is within inches of the
back yard westerly lot line and within a foot of the northerly side lot line so is not within setback limits.
The addition on the south of the house is over 7' from the southerly lot line and within your setback.
We are applying for a variance for the garage and the north side bump out so we can add a sunroom to
the east side of the home, (front yard), which of course will be within all setbacks and codes. This is an
improvement to the home, its value and the neighborhood.
We have a limited budget for work for the home and this $500 fee lowers the amount of work we can
do. This procedure seems nonsensical as these structures have been here 60+ years, cause no one issue,
and are obvious for all to see before purchase. Most every home from this era is in some set back
"violation". In our opinion and unless we are missing something, a blanket variance for original
structures, if not a danger or nuisance, should be granted in Crystal. It cost us $500, metal detector time
and rental, an extra month that pushes construction into the heart of winter and additional challenges
moving from our current home. Not much of a welcome to our new City and home. Some people may
also have to have an extra $700 + for a survey if they couldn't find their corner stakes. We request a
refund of our $500 application fee.
That request said, you will find us a strong and positive addition to your City, taking care of and
enhancing the beauty of our home and lot as well as helping our neighbors and other worthy causes in
Crystal.
Thank y u for your service.
Mike and Pam B ady
612.327.2932
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Parcel 09-118-21-14-0031 A -T -B: Torrens Map Scale: 1" = 400 ft. N
ID: Print Date: 11/18/2013 A�-
Owner Market $190,000
Name: T mann Total:
Parcel 4952 Quail Ave N
Address: Crystal, MN 55429
Property Residential Lake Shore
Type:
Home- Homestead
stead:
Parcel 0.17 acres
Area: 7,528 sq ft
Tax $4,135.22
Total: (Payable: 2013)
Sale $3 , 00
Price:
. "o 0
Sale 06
Date:
Sale Warra
Code: .,�eed
This map is a compilation ofdata from various
sources and is furnished! "AS IS" with no
representation or warranty expressed or
implied, including fitness of any particular
purpose, merchantability, or the accuracy and
completeness of the information shown.
COPYRIGHT 0 HENNEPIN COUNTY 2013
gA Think Green!
Parcel 09-118-21-14-0031 A -T -B: Torrens Map Scale: 1" = 50 ft. N
ID: Print Date: 11118/2013 LOwner Trac etmann Market
Name: Total: $190,000
Parcel 4962 Quail Ave N
Address: Crystal, MN 55429
Property Residential Lake Shore
Type:
Home- Homestead
stead:
Parcel 0.17 acres
Area: 7,528 sq ft
Tax $4,135.22
Total: (Payable: 2013)
Sale"
Price:�'
Sale
06/
Date:
Sale
Code:
Warr eed
This map is a compilation of data from various
sources and is furnished "AS IS" with no
representation or warranty expressed or
implied, including fitness of any particular
purpose, merchantability, or the accuracy and
completeness of the information shown.
COPYRIGHT HENNEPIN COUNTY 2013
,A
Think Green!
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North side basement.
Foundation follows bump out.
Original construction.
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Main foundation a little over 5'
from lot line. North side.
North side, Distance between
houses 9' 5". Bump out is 42"
from lot line.
North side.
South side of house over 7'
South side addition within
from lot line. current code.
South side. Hard to read, but
about 86" from Lot Line.
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November 15, 2013
4141 Douglas Drive North • Crystal, Minnesota 55422-1696
Tel: (763) 531-1000 • Fax: (763) 531-1188 • www.crystalmn.gov
Michael Larson, Sector Representative
Metropolitan Council
390 Robert Street North
St Paul MN 55101-1805
Subject: Preliminary 2040 Forecasts
Dear Michael:
Thank you for meeting with city staff on October 10 to discuss the city's concerns about the
preliminary 2040 forecast, particularly the household forecast which would have the most impact
on the city's next Comprehensive Plan Update due in 2018. The Crystal Planning Commission
discussed the 2040 forecast on October 14, city staff attended the Metropolitan Council
workshop on October 30, and the City Council discussed it on November 5.
The city of Crystal has a number of thoughts and concerns to offer regarding the preliminary
2040 forecast:
1. Based on the staff discussion at the October 30 workshop, it appears as though the model
compares potential rent to construction costs to determine development feasibility but
does not account for the cost of relocating existing uses, political/community opposition
and (most importantly) the willingness of current owners to sell. These barriers to
redevelopment of sites with existing uses are very real, and must be incorporated into the
forecast model for it to be a true forecast and not merely a goal or aspiration.
2. The employment forecast for Crystal, with an increase of 2,171 jobs or 55%, is the largest
percentage increase among developed suburbs. But 3,217 additional households are also
forecast by the same model. New residential development would have to displace other,
existing uses, and many of those would presumably be places of employment.
3. The 2040 forecast for Crystal households shows an increase from 9,183 to 12,400,
meaning 3,217 additional units, or an average of 107 additional units per year from 2010-
2040. For comparison, during the eight year period from Jan. 1, 2000 to Dec. 31, 2007,
when development activity was relatively strong, Crystal had a net gain of 179 units, or
an average of 22 per year. This means the 2040 forecast assumes a pace of development
five times faster than actually occurred during the most recent development boom.
PAGE 1 OF 2
4. To put it another way:
— Based on actual and upcoming development activity, Crystal anticipates no net gain
in housing units from 2010-2014.
— The Cavanagh, an affordable senior rental building on a former school site, will come
online in 2015 with 130 out of the 3,217 additional units forecast by 2040.
— That leaves 3,087 more units to be added in 2016-2040, or 123 units per year. That
would be almost a Cavanagh per year, every year, from 2016-2040. This pace of
growth in a developed community would not be realistic or practical.
In summary, the city of Crystal is of the opinion that the preliminary 2040 forecast methodology
is seriously flawed, particularly on the land supply side of the model as it applies to developed
communities. Therefore:
• The city requests that the System Statements and other policy documents to be used to
review our next Comprehensive Plan Update indicate a planned increase in households of no
more than 660 during the 2010-2040 period. This is the upper end of what is reasonable and
plausible in Crystal. It would also be consistent with the previous forecast for an increase of
611 units for 2000-2030 which was used in our most recent Comprehensive Plan Update.
• The city intends to accommodate the increase in households through a combination of
preemptive land use guidance, where appropriate, and redevelopment of additional sites
having existing uses, to be determined as such opportunities arise over time. This is
consistent with our most recent Comprehensive Plan Update, and it is an approach that has
successfully accommodated the development of The Cavanagh in a location unforeseeable as
a redevelopment site just a few years earlier.
Thank you for your consideration of the city of Crystal's comments.
Sincerely,
ZimAdams
Mayor
e46'ei 4 Z -L—,.
Richard VonRueden
Chair, Planning Commission
Ane Norris
City Manager
I
Cc: Todd Graham, Metropolitan Council Research — Demographics & Population
Dennis Farmer, Metropolitan Council Research — Employment & Economy
Libby Starling, Manager, Metropolitan Council Research
James Brimeyer, District 6 Representative, Metropolitan Council
Susan Haigh, Chair, Metropolitan Council
PAGE 2OF2