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2012.09.10 PC Meeting PacketCRYSTAL PLANNING COMMISSION AGENDA September 10, 2012 at 7:00 p.m. Council Chambers, Crystal City Hall Commissioners, please call 763.531.1144 or email corinne.elfeltCED-crystalmn.pov if unable to attend * Items for which supporting materials are included in the meeting packet ** Information to be provided at the meeting A. CALL TO ORDER The regular meeting of the Crystal Planning Commission convened at 7:00 p.m. with the following members present: ❑ Commissioner (Ward 1) ❑ Commissioner (Ward 2) ❑ Commissioner (Ward 4) Sears [Secretary] Whitenack [Chair] ***vacant*** ❑ Commissioner (Ward 1) ❑ Commissioner (Ward 3) ❑ Commissioner (Ward 4) Heigel VonRueden Johnson ❑ Commissioner (Ward 2) ❑ Commissioner (Ward 3) ❑ Commissioner (At -Large) Erickson Buck [Vice Chair] Strand B. APPROVAL OF MINUTES * Moved by and seconded by to approve the minutes of the June 11, 2012 regular meeting with the following exceptions: Motion carried. C. PUBLIC HEARINGS 1. Consider Application 2012-05 for a Variance at 6403 36th Avenue North to reduce the accessory building setback from the east side lot line from 5 feet to 3 feet * Staff presented the following: GAPLANNING\Planning Commission\2012\09.10\agenda detailed.doc Page 2 of 2 The following were heard: Planning Commission discussion: Moved by and seconded by to (recommend to the City Council to approve) (recommend to the City Council to deny) (continue until the discussion of) Application 2012-05 for a Variance at 6403 36th Avenue North to reduce the accessory building setback from the east side lot line from 5 feet to 3 feet, subject to (findings of fact/conditions in the staff report). Motion carried. D. GENERAL INFORMATION 1. City Council actions on previous Planning Commission items: • June 19, 2012: — Approved CUP for church at 4835 West Broadway — Approved lot split for park expansion behind 6507 41St Avenue North 2. Staff preview of likely agenda items for October 8, 2012 meeting ** E. OPEN FORUM F. ADJOURNMENT Moved by and seconded by to adjourn. The meeting adjourned at Motion carried. p.m. GAPLANNING\Planning Commission\2012\09.10\agenda detailed.doc ". 16, Unapproved Minutes of the June 11, 2012 Meeting Page 1 of 2 CRYSTAL PLANNING COMMISSION MINUTES June 11, 2012 at 7:00 p.m. Council Chambers, Crystal City Hall CALL TO ORDER The regular meeting of the Crystal Planning Commission convened at 7",0 p-1 wh the following members resent: x Commissioner (Ward 1) x Commissioner (Ward 2) ❑ Commissioner\\ and giant*** Sears [Secretary] Whitenack [Chair] ***v y, x Commissioner (Ward 1) x Commissioner (Ward 3) x Cornmispfter (N"W" 4) Heigel VonRueden nson f x Commissioner Ward 2 x Commissioner Ward 3 x Commisslone�- At -Large) Erickson Buck [Vice Chair] ' a Strad Also present were Council Liaison John Budz Corinne Elfelt. APPROVAL OF MINUTES Moved by Commission Sears and of the May 14, 2012 regular meet. PUBLIC HEARINGS d city -1 tv members John Sutter and Heigel to approve the minutes Motion carried unanimously. r a Conditional Use Permit for a church in the C-2 General 't�Broadway .atter, presented the staff report, recommending approval subject nd conditions of approval in the staff report. opened the Public Hearing. The following were heard: Forberg asked if there will be noise issues related to the type of services; is the already occupying the space; what are the hours of operation; will the parking be d to the Thomas Tool & Supply parking lot; will they have other activities such as shelf, overnight shelter -type accommodations; will they be bussing in any groups to the facility. Planner Sutter noted the application is for an indoor facility. If there are disturbances, the Police should be called. The church is already in operation at the facility. The narrative provided by the applicant lists the hours of operation. The application does not include shelter -type accommodations and this CUP does not include approval for that activity. Mr. Sutter suggested that the applicant address some of Ms.Forberg's concerns. GAPLANNING\Planning Commission\2012\06.11\minutes.doc FBI E F Unapproved Minutes of the June 11, 2012 Meeting Page 2 of 2 Johnnie Williams stated that his agreement was to have hours only when Thomas Tool & Supply is closed. They may have a small food shelf. Chair Whitenack asked the current number of members in the congregation. Mr. Williams stated they have 30-35 members with 15-20 typically attending. Mr. Williams indicated he has been in the area 20 years and is a retired Robbinsdale teacher. With no further discussion or testimony, Chair Whitenack closed th Moved by Commissioner Whitenack and seconded by CommiE recommend to the City Council to approve Application 2012 Permit for a church in the C-2 General Commercial distrit 4 subject to findings of fact and conditions of approval in141thew 2. Consider Application 2012-04 to divide 6507, the south 135 feet may be added to the adja Staff member, John Sutter, presented to findings of fact and conditions 9f4l With no further discussion or St A Hearing. 31 Use way, ed unanimously. two parcels so that reportrecommend ing approval subject the staff report. it Whitenack closed the Public Hearing. Aid '� Moved by Commissioner B ck a d secohWed by Commissioner Johnson to recommend to the City Council tpp, rove plicatior 2012-04 to divide 6507 41St Avenue North into two parcels so thptthe th 35,N feet may be added to the adjacent park, subject to findings of fact and c�i� c it ons of approval in the staff report. Motion carried unanimously. GENERALI 1. City,=Co�act"ions orPlanning Commission items discussed: 3733 Vera Cruz project moWing a = eaa :x 2y Sta �previ 'w of likely agenda items for July 9, 2012 meeting in one likely item, Crystal ,Motors�ddi �asecond building to the property located at 5241 West Broadway to service ehicles ,t OPEN FORUM — None heard ADJOURNMENT Moved by Commissioner Buck and seconded by Commissioner Sears to adjourn. The meeting adjourned at 7:22 p.m. Motion carried unanimously. GAPLANNING\Planning Commission\2012\06.11\minutes.doc M E M O R A N D U M DATE: August 30, 2012 TO: Planning Commission (September 10, 2012 meeting) FROM: John Sutter, City Planner/Assistant Community Development Director'l/ SUBJECT: Public Hearing (Application 2012-05): Consider a Variance at 6403 36th Avenue North to reduce the accessory building setback from the east lot line from 5 feet to 3 feet The subject property is 90 feet wide and 238 feet deep, with an area of approximately'/2 acre. Existing improvements include a house, deck, shed, driveway and a detached garage (20' x 22'). The existing garage is 3 feet from the east side lot line. It does not meet the minimum 5 foot side setback required by ordinance but is legally nonconforming ("grandfathered in"). The property owner proposes to replace the existing garage with a new 24' x 36' garage located the same distance from the side lot line. The new garage would be larger than the existing garage thus expanding the nonconformity which is not permitted. The owner has requested a variance to reduce the minimum setback for accessory buildings in the east side yard from 5 feet to 3 feet. The following Exhibits are attached: A. 2009 aerial photo B. Site plan C. Narrative Notice of the Planning Commission's September 10, 2012 public hearing was mailed to property owners within 350 feet of the subject property and published in the Sun Post on August 30, 2012. Staff recommends approval based on the following findings of fact: a) The proposed variance is in harmony with the general purposes and intent of the Zoning Ordinance and Comprehensive Plan. b) Strict enforcement of the 5 foot site setback requirement in this particular case would create practical difficulties unique to the subject property. Specifically: 1) The proposed garage represents a reasonable use of the property, not unusual among single family houses in the city and otherwise in compliance with city code; and 6403 36TH (Variance for Garage) PAGE 1 OF 2 2) The plight of the landowner is due to the topography and configuration of the property, location of essential utilities in relation to the improvements on the property, and history of changes to the dwelling which have caused the existing garage, once located in the rear yard and eligible for the 3 foot setback, to now be located in a side yard and subject to a 5 foot setback; and 3) The variance would not alter the essential character of the locality. The new garage would be no closer to the east side lot line or the front lot line than the existing garage. Planning Commission action is requested. The City Council will consider the variance at its September 18, 2012 meeting. 6403 36TH (Variance for Garage) PAGE 2 OF 2 Parcel 6403 36Th Ave N Tax $2,839.30 Address: Crystal, MN 55427 Total: (Payable: 2012) Property Residential Sale $178,000 Type: Price: This map is a compilation of data from various sources and is furnished "AS IS" with no Home- Sale representation or warranty expressed or stead: Homestead Date' 05/2008 implied, including fitness of any particular purpose, merchantability, or the accuracy and completeness of the information shown. Parcel 0.49 acres Sale Warranty Deed COPYRIGHT© HENNEPIN COUNTY 2012 Area: 21,381 sq ft Code: Think Green! Interact i e Property Ma Map Parcel 20-118-21-11-0034 A -T -B: Torrens ID: Owner Shayne D Peterson Market $158,000 Name: Total: Parcel 6403 36Th Ave N Tax $2,839.30 Address: Crystal, MN 55427 Total: (Payable: 2012) Property Residential Sale $178,000 Type: Price: Homestead 05/2008 stead: Datle Parcel 0.49 acres Sale Area: 21,381 sq ft Code: Warranty Deed Map Scale: 1" = 50 ft. N Print Date: 8/16/2012 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. 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