2008.01.14 PC Meeting PacketCRYSTAL PLANNING COMMISSION AGENDA SUMMARY
January 14, 2008
7:00 p.m.
Crystal City Hall — Council Chambers
4141 Douglas Dr N
A. CALL TO ORDER
B. ANNUAL ORGANIZATIONAL MEETING
1. Election of Officers
• Chairperson
• Vice -Chairperson
® Secretary
2. Approval of Meeting Calendar and Application Due Dates for 2008 *
C. APPROVAL OF MINUTES
• November 12, 2007 regular meeting
D. PUBLIC HEARINGS
1. Consider Application 2007-15 for Zoning Ordinance text amendments in Sections
515.13 and 515.17 to move certain provisions regulating curb cuts and driveways
within the public right-of-way to Section 800 (Streets, Alleys and Public Ways);
and in Sections 515.17, 515.33, 515.37 and 515.41 to delete provisions regulating
motor vehicles and recreational vehicles and equipment which are now regulated
by Section 1330. *
E. OLD BUSINESS
F. NEW BUSINESS
G. GENERAL INFORMATION
1. City Council actions on recent Planning Commission items
2. Development Status Report for quarter ending December 31, 2007
3. Staff preview of likely agenda items for February 11, 2008 meeting
H. OPEN FORUM
I. ADJOURNMENT
* Materials included in the meeting packet.
M E M O R A N D U M
DATE: January 9, 2008
TO: Planning Commission (January 14th meeting)
FROM: Jason Zimmermann, Code Enforcement and Zoning Administrator
SUBJECT: Election of Officers
The Planning Commission has three officer positions, elected by the members of the
commission:
■ Chairperson. Currently Paul Whitenack (since January 8, 2007).
■ Vice Chairperson. Currently Joe Sears (since January 9, 2006). Please note that Mr.
Sears is not eligible for re-election as Vice Chairperson in 2008 because the bylaws do not
permit an officer to serve more than two consecutive terms in the same position.
■ Secretary. Currently Jeff Hester (since January 8, 2007).
The duties of each officer position are described in the attached bylaws.
Typically, the following procedure has been followed for each officer position:
- The current Chair asks for nominations for each position.
- If there is only one nomination, the Commission would fill that position by a voice vote.
- If there are two or more nominations, each Commission member would vote for one of the
nominated members using paper ballots which are tabulated by staff. The candidate
receiving the most votes is elected to the position. In the event of a tie, a coin toss is used
as a tie-breaker.
CITY OF CRYSTAL
PLANNING COMMISSION BY-LAWS
ARTICLE I. MISSION STATEMENT
The role of the Crystal Planning Commission is to serve the City Council and citizens of Crystal by
formulating recommendations in land use matters and by devoting the time necessary to listen to fact, to
consider public input and to render decisions in an objective manner. To be successful in this role,
Planning Commissioners acknowledge and honor these values:
• Open-mindedness: Decisions are made free from prejudice or bias; Commissioners are receptive of
new ideas and to reason.
• Respect: Commissioners listen to and show respect for the opinions and positions of fellow
Commissioners as well as those who come before the Commission.
• Equal treatment: Everyone appearing before the Commission has the same privileges, status and
rights.
• Attack the problem, not the person: Personal attacks are not tolerated, but honest and informed
debate is encouraged.
• Offer and accept constructive criticism: Constructive comments are to be encouraged and welcomed;
unfavorable judgments that find fault and fix responsibility are not.
• Responsibility to the City of Crystal: The best interests of the city of Crystal are paramount and rise
above parochial interests.
• Shared responsibility: The Commission as a whole bears the responsibility for decisions and
recommendations that are made.
ARTICLE II. ORGANIZATION
A. Election of Officers
The officers of the Commission shall be elected by the members of the Commission at the
January meeting each year. Officers shall serve for a period of one year, commencing with the
first meeting of each year. The term of office for each Officer is one year, and that no Officer
may serve for more than two consecutive years in the same position.
B. Officers
The officers of the Commission shall be a Chairperson and Vice Chairperson and Secretary. In
addition, there shall be an official administrative secretary who need not be a member of the
Commission.
PLANNING COMMISION BYLAWS -APPROVED BY CITY COUNCIL 11/19/02
Page 1 of 3
C. Duties
1. The Chairperson shall preside at all meetings of the Commission, shall have such powers
of the supervision and management as may pertain to the office of the Chairperson.
2. The Vice Chairperson shall preside and perform all duties of the Chairperson in the event
of the Chairperson's absence, disqualification or disability.
3. The Secretary shall be responsible for administrative work necessary for the operations of
the Planning Commission, unless city staff has been directed by the City Manager to
assume these administrative duties. In the absence of the Secretary, a temporary
Secretary may be appointed by the presiding officer to fulfill the duties of Secretary at
that meeting.
The Secretary shall keep the minutes of all meetings and all records of the Commission.
Minutes of the meetings shall be mailed or delivered to all Commission members and
shall include the notice and.the agenda for the next regular meeting. The Secretary shall
notify all members of any special meeting of the Commission. Approved minutes shall be
provided to the City Council in the next available meeting packet or newsbrief.
In addition to these administrative duties, in the absence of the Chairperson and Vice
Chairperson, the Secretary shall preside and perform all duties of the Chairperson in the
event of the Chairperson's absence, disqualification or disability.
4. It shall be the duty of each member to notify the administrative secretary if such meeting
cannot be attended.
D. Task Force
Task forces shall be formed when deemed necessary by the Chairperson. Such Task Forces shall
consist of a leader, who shall be a member of the Commission, and any number of people,
members or non-members, the leader deems necessary to successfully complete the task. The
Chairperson shall appoint the leader of any Task Force, keeping in mind the interests of
individual members. The Chairperson and Vice Chairperson shall be ex officio members of any
Task Force formed.
ARTICLE III. MEETINGS
A. The Commission shall hold a minimum of twelve regular monthly meetings on the second
Monday of each month at 7:00 p.m., unless otherwise set by the Commission at the January
meeting of each year. In addition, the date and time for any one monthly meeting may be
changed by a majority vote of the quorum.
B. Quorum, consisting of a majority of the members of the Commission, shall be sufficient to
transact the business of the Commission.
'-� C. The Commission may hold special meetings to complete or initiate business at the call of the
Chairperson, or upon the request of three members of the Commission.
PLANNING COMMISION BYLAWS - APPROVED BY CITY COUNCIL 11/19/02
Page 2 of 3
,-IN
D. The roll shall be called at each meeting and a record of those members present or absent shall
also be recorded in the minutes of such meeting.
E. The order of business will be as follows:
Call to Order
Approval of Minutes
Public Hearings
Old Business
New Business
General Information
Open Forum
Adjournment
ARTICLE IV. ATTENDANCE
Attendance is required at all meetings. Absence from more than three regular meetings in a
calendar year is not considered acceptable because it impairs the Commission's ability to fulfill
its responsibilities to the community. For this reason, upon a Commissioner's fourth absence
from a regular meeting within a calendar year, the Chairperson shall notify the Mayor of such
absences and the City Council may take action to remove the Commissioner. All Commissioners
are expected to notify city staff prior to any meeting if unable to attend.
ARTICLE V. GENERAL PROVISIONS
No member of the Commission shall be authorized to speak on behalf of the Commission
publicly until the Commission has first considered and approved such statements. The City
Council or City Manager shall be notified in advance of the nature of any public statement of
official policy concerning the Commission.
ARTICLE VI. AMENDMENTS
These rules and procedures may be amended by a majority of the membership at a regular or
special meeting. Notice of the proposed amendments shall be mailed to all members of the
Commission by the Secretary prior to the meeting at which the amendments are to be voted
upon. Any member of the Commission may, in writing, propose amendments to these rules and
procedures.
PLANNING COMMISION BYLAWS -APPROVED BY CITY COUNCIL 11/19/02
Page 3 of 3
Due dates & meeting schedule for Special Land Use Applications in 2008
DUE DATE FOR
APPLICATION, FEE,
AND REQUIRED
ATTACHMENTS
PLANNING
COMMISSION
MEETING AND
PUBLIC HEARING
CITY COUNCIL
MEETING #1
(REQUIRED FOR
ALL APPLICATIONS)
CITY COUNCIL
MEETING #2
(ONLY REQUIRED
FOR ORDINANCES)
3% weeks before the
Typically the 2nd Monday
Typically the 3rd Tuesday,
Typically the 1St Tuesday
Planning Commission
of the month, except
of the month, except
of the following month,
meeting date.
where indicated (*).
where indicated (*).
except where indicated (*).
January 18, 2008
February 11, 2008
February 19, 2008
March 3, 2008*
February 15, 2008
March 10, 2008
March 18, 2008
April 1, 2008
March 21, 2008
April 14, 2008
May 6, 2008*
Mav 20, 2008*
April 18, 2008
May 12, 2008
May 20, 2008
June 3, 2008
May 16, 2008
June 9, 2008
June 17, 2008
July 1, 2008
June 20, 2008
July 14, 2008
August 4, 2008*
August 19, 2008*
July 18, 2008
August 11, 2008
August 19, 2008
September 2, 2008
August 15, 2008
September 8, 2008
September 16, 2008
October 7, 2008
September 19 2008
October 13 2008
October 21 2008
November 6 2008*
October 17, 2008
November 10, 2008
November 18, 2008
December 1, 2008*
November 14, 2008
December 8, 2008
December 16, 2008
January 6, 2009
December 19, 2008 January 12, 2009 January 20, 2009 February 3, 2009
January 16, 20092 February 9, 20092 February 17, 20092 March 3,2009 2
1 Council meeting #2 is only required for ordinance changes such as rezonings and text amendments. Also, please note that adopted ordinance changes do not go
into effec fil 30 days after the ordinance is published; this means they typicalh, are not effective until approximately six weeks after Council meeting #2.
2The 200- ,plication schedule will not be set until the January 12, 2009 Plans MCommission meeting. These dates are therefore tentative.
CRYSTAL PLANNING COMMISSION
Meeting Minutes
November 13, 2007
A. CALL TO ORDER
Page 1 of 5
The regular meeting of the Crystal Planning Commission convened at 7:04 p.m. by Vice Chair
Sears with the following members present:
X Commissioner (Ward 1)
Commissioner (Ward 2)
X Commissioner (Ward 4)
Sears [Vice Chair]
Whitenack [Chair] Not
Hester [Secretary]
Present
Commissioner (Ward 1)
X Commissioner (Ward 3)
X Commissioner (Ward 4)
Davis Not Present
VonRueden
Scheibe
X Commissioner (Ward 2)
X Commissioner (Ward 3)
X Commissioner (At -Large)
Nystrom
Buck
Strand
Also present were Council Liaison David Anderson and city staff members John Sutter and
Corinne Elfelt .
B. APPROVAL OF MINUTES
Moved by Commissioner Nystrom and seconded by Commissioner Buck to approve the minutes
of the October 8, 2007 regular meeting with the addition that Council Liaison David Anderson
was noted as also being present at the October 8, 2007, Planning Commission meeting.
Motion carried.
C. PUBLIC HEARINGS
1. Consider Application 2007-13 for a Variance to eliminate the rear (south) setback at
3550 Hampshire Ave North.
Mr. Sutter summarized the staff report. No questions from the Commission.
Vice Chair Sears opened the Public Hearing. The follow were heard:
Mr. Allen Franz explained the reason for the variance was to add a deck and keep the
shed on the south end of his garage. He wants to replace his deck and has had to have
soil tests done. When he told the city of his plans, he was informed a variance was
needed for the replacement of his deck. In 1977 he obtained a building permit to build
the original deck; 1993 he obtained a building permit to install 7 new windows; 2003 he
obtained a building permit to construct a new retaining wall. He stated he had not
received a letter that stated he needed to remove the shed. He stated he understands the
importance of easements; he has given the city other easements to add drainage. The
easement on the south line of his property is for drainage and utilities; however, he does
G:\PLANNING\PLANCOMM\2007\11.12\plan comm minutes.doc
Page 2 of 5
not feel this easement area would ever be used. He would like to suggest the easement be
vacated.
He stated that none of his neighbors have objected. The shed blends in with the house
and garage. Mr. Franz had pictures of the shed. Asked if there is any reason to hear from
his neighbors.
Commissioner Sears stated that after you speak any others would have an opportunity to
address the Commission.
Mr. Franz asked if there is any "grandfather" clause to keep his shed since it has been
there so long. He stated he keeps mowers, stock car parts in it and he keeps it neat and
clean.
Mr. Wayne Haupt addressed the commission. He indicated he lives 100 feet south and
across the street. Neighbor behind Mr. Franz has no easement, why? This is a nice
residential neighbor hood. There has only been one complaint in the neighborhood about
a garage and that was taken care of. Mr. Haupt indicated he has been in the
neighborhood 23 or 24 years, and the shed was there before he moved in. He feels the
shed is not an issue.
Mr. Sutter explained that the subject property has an easement as a result of land
subdividing. And often easements are added when properties are subdivided to address
any possible future issues.
Commissioner Sears asked if this is standard protocol.
Mr. Sutter explained that, for example, when the Economic Development Authority
obtains properties, it often adds easements along all property lines.
Mr. Donald Kruse addressed the commission stating that his property adjoins Mr. Franz
property to the east. Drainage is not an issue for his property. Mr. Franz' retaining wall
and other improvements have improved the area.
Ms. Julie Baldwin stated that she has lived across Hampshire from subject house for 38
years. She stated that the addition on the garage looks like a shed not a "lean-to". The
Franz yard is always kept up very nice. When easements have been needed Mr. Franz
has given as needed.
Hearing there were no other comments, Commissioner Sears closed the public hearing.
Planning Commission discussion was as follows:
Commissioner Sears asked if this is a permanent shed.
Mr. Franz indicated that it has a corrugated fiberglass roof over to the fence. Not a
permanent roof.
Commissioner Scheibe asked about the construction of the shed, was it fence, cement
floor, wood construction?
G:\PLANNING\PLANCOMM\2007\11.12\plan comm minutes.doc
Page 3 of 5
Mr. Franz stated there are cedar 2x4's out to fence, cement floor.
Commissioner Strand asked why he did not obtain a permit.
Mr. Franz stated he was a little "green" about the procedures.
Commissioner Buck stated that in 1993 there was a recommended removal of the shed
structure. Why didn't you remove it when the Building Official had told you to?
Mr. Franz indicated that the January 1993 Council Meeting minutes did not say he had to.
Commissioner Scheibe asked if Mr. Franz would be willing to remove the structure from
the easement if something needed to go there.
Mr. Franz said yes, but there is no need.
Commissioner Sears asked whether the concrete patio under the shed would have to be
removed should this structure be removed.
Mr. Sutter stated he would have to look at the set -back for a patio and he is unsure how
this would be treated.
Commissioner VonRueden asked if the shed structure meets building code.
Mr. Sutter indicated that it is unknown since no plan was ever submitted for the structure
and it was therefore never inspected. In 2003 when the retaining wall was being
constructed the Building Official noted the shed structure and indicated the need for it to
be addressed.
Commissioner Hester stated that state law requires a variance meets the three criteria as
stated in the staff report. He states that this request does not meet any of the criteria. He
stated he is willing to go along with staff recommendations.
Mr. Franz asked how we vacate an easement.
Mr. Sutter said it is an action similar to this Planning Commission action but it is the City
Council that has to take the action. There are additional fees, public notice and the
utilities also need time to comment on the action.
Commissioner Sears stated that future owners of the property and area properties have to
be considered when such an action is requested.
Moved by Commissioner Nystrom and seconded by Commissioner Buck to recommend
to the City Council to deny Application 2007-13 for a Variance to reduce the rear (south)
setback at 3550 Hampshire Ave North from 12.5 to 2 feet with the findings of fact as
noted in the staff report.
Motion carried.
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Page 4 of 5
Moved by Commissioner Hester and seconded by Commissioner Nystrom to approve a
variance from 515.33 Subd. 8 b) to reduce the south setback from 12.5 feet to 5 feet
provided that the west setback is increased to 30 feet, thus bringing the south and west
setbacks into line with what was in effect when the house was built in 1964 along with
the finding of fact as noted in the staff report.
Motion carried.
2. Consider Application 2007-14 for a Low Density Residential Planned Development
at 4908 & 4910 Bernard Avenue North.
Mr. Sutter summarized the staff report. Mr. Sutter also indicated there is a copy of a
support petition by neighbors on the dais for the Commissioners. Also noted is that there
will be an association document that will outline maintenance, dock, grounds care, etc.
Commissioner Nystrom asked why the 16 feet of property can be taken from the
neighbor.
Mr. Sutter explained that the owners of the two properties are partners on this
development project and they are transferring ownership of the portion of one property to
the other.
Commissioner Sears asked whether lot coverage guideline will still be met should the
owner(s) in the future choose to create additional driveway space on the 16 feet of
additional land.
Mr. Sutter explained that due to the size of this lot and the size of the lot next door it
should not be an issue with either property.
Commissioner Sears opened the public hearing. The following were heard:
Mr. McColgan stated that a Quit Claim Deed for the 16 feet of property has already been
filed with the county. It has been easier for his to manage this property from next door.
Neighbors seem to prefer home owners living in this home instead of renters.
Lloyd Olson expressed his concern about the possibility of a house being built on Lot 3
of this property.
Mr. Sutter explained that Lot 3 is the common property around the two units. Most of
Lot 3 is in the flood plain, the street would have to be extended and flooding problems
would have to be solved before anything could be built on Lot 3. It is not something he
would anticipate for the future, as it would take another subdivision of the property to
create a buildable lot. And a public hearing like this one would need to be held.
There was no further discussion by the Planning Commission.
Moved by Commissioner Nystrom and seconded by Commissioner VonRueden to
recommend to the City Council to approve Application 2007-14 for a Low Density
Residential Planned Development at 4908 & 4910 Bernard Avenue North with the
findings of fact and conditions as noted in the staff report.
G:\PLANNING\PLANCOMM\2007\11.12\plan comm minutes.doc
Page 5 of 5
Motion carried.
D. OLD BUSINESS
None discussed.
E. NEW BUSINESS
None discussed
F. GENERAL INFORMATION
1. City Council actions on recent Planning Commission items
2. Staff preview of likely agenda items for December 10, 2007 meeting.
3. Reminder: Comprehensive Plan Task Force Open House 6-8 p.m. on Nov. 15th.
G. OPEN FORUM
There were no comments.
H. ADJOURNMENT
Moved by Commissioner Buck and seconded by Commissioner Nystrom to adjourn.
The meeting adjourned at 8:09 p.m.
Motion carried.
G:\PLANNING\PLANCOMM\2007\11.12\plan comm minutes.doc
M E M O R A N D U M
DATE: January 9, 2008
TO: Planning Commission (for January 14, 2008 meeting)
FROM: Jason Zimmermann, Code Enforcement and Zoning Administrator
SUBJECT: PUBLIC HEARING: Application 2007-15 to amend Sections 515.13, 515.17,
515.33, 515.37 and 515.41 of the Zoning Code.
Staff recently reviewed Section 515 (Zoning) of the City Code regulating driveways and is
proposing changes that would move certain code provisions to more appropriate sections of
City Code. The changes would be made without substantially changing the requirements
contained within those code provisions. Specifically:
Provisions regulating curb cuts and portions of the driveways within the public right-of-
way would be deleted from Section 515 (Zoning) and added to Section 800 (Streets,
Alleys and Public Ways); and
Provisions regulating the parking and storage of motor vehicles and recreational
vehicles and equipment would be deleted from Section 515 (Zoning) because they were
supplanted in August 2007 by new provisions in Section 1330 (Motor Vehicles and
Recreational Vehicles and Equipment).
The need to make the changes to the driveway provisions is due to the fact that some portions
of a driveway are located within the public right-of-way. The curb cut and first 15 feet (on
average) are within the right-of-way. The remainder of the driveway is on private property.
Since the zoning code regulates uses on private property, it is appropriate to regulate those
portions of the driveway in the right-of-way under Section 800. In doing so, a new definition,
"driveway approach" has been added. A "driveway approach" is defined "as the area within
the street right-of-way providing vehicular access from the curb cut to the driveway."
"Driveway" means "the area on private property providing vehicular access to the garage or
parking area." Section 515 will now regulate driveways on private property while Section 800
will regulate curb cuts and driveway approaches within the right-of-way. Community
Development and Engineering staff will be involved in implementing the code provisions,
depending on where the work will occur (i.e. on private property or in the right-of-way).
In addition, staff is proposing changes to Section 515 regarding the parking and storage of
motor vehicles and recreational vehicles and equipment. A revised section 1330 took affect in
August 2007 and supplanted these provisions in 515. Therefore, this is more or less a "clean-
up" item deleting these provisions from zoning.
ZONING ORDINANCE TEXT AMENDMENT
PAGE 1 OF 2
Notice of the public hearing was published in the Sun Post on December 27, 2007 and
January 10, 2008.
Planning Commission action on the proposed ordinance is requested. The City Council would
consider the Planning Commission's recommendation at its meeting on January 22, 2008.
ZONING ORDINANCE TEXT AMENDMENT
PAGE 2OF2
ORDINANCE NO. 2007 -
AN ORDINANCE AMENDING
SECTIONS 515 AND 800 OF THE CRYSTAL CITY CODE
RELATED TO CURB CUTS AND PORTIONS OF DRIVEWAYS WITHIN THE PUBLIC
RIGHT-OF-WAY; AND THE PARKING AND STORAGE OF MOTOR VEHICLES AND
RECREATIONAL VEHICLES AND EQUIPMENT
THE CITY OF CRYSTAL ORDAINS:
Section 1. Crystal City Code Section 515 (Zoning) is amended as follows:
1.01. Amend 515.13, Subd. 4 b) as follows:
b) Driveways. A 10 foot sight triangle is hereby established at each corner where a driveway
intersects a public street, sidewalk or other traveled way. Said sight triangle shall be
measured along the street, sidewalk or other traveled way to a point 10 feet from the
driveway, and along the driveway to a point 10 feet from the edge of the street, sidewalk
or other traveled way, with the third side being a straight line connecting these two
points. Within the sight triangle, no trees, shrubs, plants, or structures including fences in
excess of 30 inches high may be planted, erected or maintained, except that trees with no
branches or foliage between 30 inches and 72 inches in height may be permitted if they
do not negatively impact visibility at the driveway. The height shall be measured from
the center line of the driveway. In instances where any portion of the sight triangle is
within the public right-of-way, the provisions of Section 800 of the city code shall also
apply to that portion of the sight triangle. The planting of live plant material or the
placement of landscape material such that it poses an obstruction to visibility at the
intersection of a driveway and public street, sidewalk or other traveled way within the
public right-of-wgy is prohibited under Section 800.20 of the city code.
1.02. Amend 515.17, Subd. 4 a) as follows:
a) Permits required. To ensure proper location and configuration, permits are required for
work on driveways. nl.,,,s f a -ive . ays must be ,,.,b.v i4ed to the eit , f r review „a
b
1) Plans for driveways must be submitted to the city for review and drivewgy permit
approval prior to commencing work. All driveway plans will be reviewed and
approved by the zoning administrator and city engineer. Plans for surfacing and
drainage of driveways and parking areas for 5 or more vehicles will be reviewed
by the cily engineer and must receive written approval prior to construction.
22) For driveway plans that involve changes to an existing curb cut or construction of
a new curb cut within the public right-of-way, a curb cut permit application must
be completed and submitted for review and approval by the city engineer in
accordance with 800.10 of the city code. Standards governing the size and
location/placement of curb cuts within the public right-of-way are contained in
Section 800.10 of the ci _ code.
Page 1 of 18
1.03. Amend 515.17, Subd. 4 g) 5) as follows:
5) Driveways for 1 -family and 2 -family dwellings. Gufb etAs and dfiveways Curb
cuts and drivewayapproaches for 1 -family and 2 -family dwellings shall comply
with the standards contained in Section 800.10 of the city code. Driveways for 1 -
family and 2 -family dwellings shall comply with the following requirements.
i) For the purposes of this subdivision, "cam-eut�ll ffiean the width of the
dr-iveway at the edge of the stfeet, exeluding the angled or- eur-ved feturns
either side of the dr-iveway in aeeardanee design it de standards approved b
the eiTp—ngineer "driveway" shall mean the area on private property
providing vehicular . access to the garage or parking area; "driveway
approach" shall mean the area within the street right-of-w4y providing
vehicular access from the curb cut to the driveway, and "curb cut" shall mean
the edge of the street where joined by the driveway approach, whether or not
standard concrete curb and gutter are present on the street.
subdivision,ii) For- the ptifposes ef this
'*-iveway" shall tnean the are
40 ii) Driveway width shall not exceed the width of the garage's vehicle
entrance plus 6 feet.
Exception 41: For properties with only a single stall garage, driveway width
shall not exceed 16 feet.
Exception 42: For properties that are lawfully nonconforming due to the lack
of a garage, driveway width shall not exceed 16 feet plus a taper necessary to
access 2 hard surfaced parking spaces for a 1 -family dwelling or 4 hard
surfaced parking spaces for a 2 -family dwelling. Such a taper shall have an
angle of at least 22-1/2 degrees and no more than 45 degrees. Such a taper
shall not extend into the street right-of-way unless the zoning ^d,, inistfa+e
city engineer determines that, due to setback or topographic constraints,
extension of part of the taper into the boulevard is necessary to provide
reasonable access to the required parking spaces.
iv4 Curb e„rs shall not e ed 22 f ,�� i line, idt the . ,idth „Frye
dfiveway at the pfepefty �°less.
whieliever- is
jW Curb ^ut width and plaee ent cuts and driveway approaches are governed by
the standards contained in Section 800.10 of the city code.
if the etir-b eut is nai--r-ewer- than the dfivewa�, a4 the pr-epef:t�, line,
then there
anglev)
may be an angled tr-ansitien aef!ess the betilevafd provided the
more than 45 degrees. In nee ea-ir-peumstanee, shall -any paft of the dr-iveway
in.
the boulevar-d exeeed 22 feet in width, unless the zening administratef
Page 2 of 18
-� the h 1 1r-equifed f r- an ..lea t.-ans tier to a ;de
nf,..-.ring
\ T dj t 1 family dwellings may ..h. a siRgle -b t i
the mfficimum eufb ett4 width shall be the sum ef eaeh dwelling's
..h eases
allowed
iR width.
vii) Curb euts shall be a4 least 3 feet 4efn the side let line e?aended to the stfee:�
pfoper-ties sharing the e , ]b_eut.
iv The grade elevation of any parking area shall not exceed
10%.
1.04. Amend 515.17, Subd. 4 g) 6) as follows:
6) C;ufb euts and dr-iveways fef uses other- than 1 family aiid 2 family dwellings shall
eemply with the -Fell^.= inn requirements. Driveways for uses other than 1 -family and
2 -family dwellings. Curb cuts and driveway pproaches for uses other than 1 -family
and 2 -family dwellings shall comply with the standards contained in Section 800.10
of the city code. Driveways for uses other than 1 -family and 2 -family dwellings shall
comply with the following requirements.
i) Fe*: the mosses of this subdivision, e-ufb c{lr
the ,.;t„ engineer, For the purposes of this subdivision, "driveway" shall
mean the area on privateproperty providing vehicular access to the garage or
parking area; "driveway pproach" shall mean the area within the street
right -of wqy providing vehicular access from the curb cut to the driveway;
and "curb cut" shall mean the edge of the street where joined by the
driveway approach, whether or not standard concrete curb and Rutter are
resent on the street.
\ The .1.-;,.e.,,..,. width ., s the bauleVa-d shall not o ed the e „-h ,.,,t , .i th
„le the pfapefty h etbaek tepegfaphie st.. fits ,d th
'�iiicr ui,u �„e i�vaaaiib
aeeess the .1 ..:.......... most he .,llewerl to he , ,;(le.- at the„ e,w„ line than :t
a4 the , ,,.h eut
Page 3of18
ii) The grade elevation of any parking area shall not exceed 5%.
1.05. Amend 515.17, Subd. 4 g) 7) as follows:
7)
for- a single family use may ha-ve only 1 eur-b eut r-egafdless of the amount of s4ee
ffetAage. Wher-e a pafeel of land abuts on an alley epen to publie uses, 1 addit
-eee ss is ;tied epening en the alley for- use nlyt�
��u. ug„ Number of
curb cuts is governed by Section 800.10 of the ci1y code.
1.06. Amend 515.17, Subd. 4 i) 3) as follows:
3) The boulevar-d-pertien of the street right of way shall not be used for parking.�
fight
1.07. Amend 515.17, Subd. 4 i) 5) as follows:
5) In the case of I -family and 2 -family dwellings, off-street parking is only permitted on
a hard surfaced driveway leading directly into a garage. The driveway cannot exceed
the maximum width established in 515.17, subdivision 4 g) 5) iii). Each property may
also have 1 hard surfaced auxiliary parking space in addition to the driveway. The
auxiliary space shall be located immediately adjacent to 1 side of the driveway,
immediately adjacent to 1 side of the garage, or as 1 turn -around space immediately
adjacent to the driveway. The auxiliary space cannot exceed 10 feet in width and 20
feet in length, and must be at least 10 feet from the habitable portion of a residential
structure on an adjacent parcel. For access to the auxiliary space, a hard surfaced
taper also is ase permitted, provided it does not extend into the boulevard and has an
angle of at least 22-1/2 degrees and no more than 45 degrees.
Exception 91: If the property has setback or topographic constraints that prevent
reasonable access to a lawful auxiliary space, then the zening administfate ci
en_iig Zeer may allow the taper to extend into the boulevard but only to the minimum
extent necessary to provide reasonable access.
Exception #2: A property with only a single stall garage may have up to 2 such
auxiliary parking spaces. In such cases the access taper may extend across the
boulevard to the edge of the street pavement, pr-evided it is only on 1 side of the e ...h
.t e than 3 feet , .;,ao - tl,..„ the . r -b eut .,t the edge o f the st -eet .,t
�.�.�, .s rN rrr,,r�..r�zr.�ro,-r.��.z�rurz-�.��.-..R ,
and has ., angle of ne ni e than 45 deg -fees. The ,. „bine.1 width of the t.,pep-.,1as
urau rru.� urr uiibry yr r.v aa.vry ruurr T✓ The
the -drive ay -shall not exeeed22 feet here in the street right of „ -
Page 4 of 18
reasenable- aeeess to a—k 4kil awEspace in accordance with the standards
established in Section 800.10 of the cily code.
Exception #3: A property that is lawfully nonconforming due to the lack of a garage
may have no more than 2 hard surfaced parking spaces for a 1 -family dwelling and
no more than 4 hard surfaced parking spaces for a 2 -family dwelling. Each space
cannot exceed 10 feet in width and 20 feet in length. Such properties may also may
have a driveway and taper to access these parking spaces, subject to the limitations of
515.17, subdivision 4 g) 5) iii) and Section 800.10 of the city code.
1.08. Amend 515.17, Subd. 4 i) 6) as follows:
6) The parking and storage of motor vehicles and recreational vehicles and equipment is
governed by section 1330 of the city code.
1.09. Amend 515.17 Sudb. 4 i) 7) as follows:
7) Motor vehicles shall not be parked or displayed for the purpose of selling or renting
the motor vehicles unless a conditional use permit for such use has been granted for the
property in accordance with the regulations for the zoning district in which the property is
located.
This prohibition shall not apply to motor vehicles for sale on property with a 1 -family or
two-family dwelling when in compliance with section 1330 of the city code.
i) No more than 1 , eh;ale ,,, , he displayed f sale at a given of e o a let
.\ The vehicle ; par -ked . ., 1 afd s „fi
„\ The „ehiele i in eh nditio that ;t :s filly eper-able and ean
having
eleafly
visible , „t lieense plate tabs
vii) The address listed en the fegistfa4ion is the sa+ne as the pfepei:ty wher-e the
,eh:ele : par -ked and displayed f v sale
1.10. Amend 515.33 Subd. 3 (accessory uses in the R-1 district) as follows:
Page 5 of 18
a) Off-street parking , gafages ef on hai-7a surfaee ,afive., ays ef xilia su� s in
afemet: of motor vehicles and recreational vehicles and equipment as regulated by
section 1330 of the city code.
2) Vehieles
with a gross
ehiele
weight greater
than
12,000
r
„ds are
3) The-nuinbe
it er- oaeb
dwelling.
e f ehieles
single family dwelling,
parked
„r
or ste.e`l
2 r dwelling
outside
unit
on ., lot
for-
shall
a,r_"ther-
net exeee l
type of
4) The
at4aehed
iipal buil.1:,,..
e-ui�tive area
of all
garagesand
e-ar-pefts
on
a
whether-
5) Detael,ed
gar-agesand
. pei4s
are eensidefed
to
be
aeeessefy
b) Off street
par -king o f net
. , e than
1 l:..ensed
and
r.,b,le
e
.,l Faetef
vehie-le
owned and opefated
by
a -resident
e€ the
dwelling,
net
o eedi g
>000 peunds
feet in height.
dfiveway
C 15. 17.
traet„r trailers
gress vehiele
Sueh parking
of auxiliafy spaee
DnrlEing o storage
is r-ahibite
weight,
is enly
in aeeeFdanee
of any
22 feet
per-mirt4ed
with
true. tr-aeters
in b
in a gar
thefeEleir-enients
semi
> 9 feet
-age or-
tr.,:lefssetni
in width,
on a hard
Of
;
and -9
suf:faee
sUbseefieR
tfaeters of
d b) Home occupation. An occupation, profession, activity or use that is clearly a
customary, incidental and secondary use of a dwelling and which does not alter
the exterior of the property or affect the residential character of the
neighborhood. Pennissible home occupations shall not include the conducting
of a retail business (other than by mail), manufacturing or repair shop.
Standards applicable to home occupations are as follows:
1) No home occupation shall be permitted which results in or generates
more traffic than one car at any one given point in time.
2) Only persons residing on the premises shall be employed.
3) No home occupation shall be permitted which is noxious, offensive or
hazardous by reason of vehicular traffic, generation or emission of noise,
vibration, smoke, dust or other particulate matter, odorous matter, heat,
humidity, glare, refuse, radiation or other objectionable emission.
4) No mechanical, electrical or other equipment shall be used which
Page 6 of 18
produces noise, electrical or magnetic interference, vibration, heat, glare
or other nuisance outside the residential structure.
5) The home occupation shall be conducted entirely within the residential
portion of the principal building.
6) No more than 25% or 400 square feet of the floor area of the dwelling,
whichever is less, shall be devoted to the home occupation.
7) Such home occupation shall not require internal or external alterations or
involve construction features not customarily found in dwellings, and no
alteration of the principal residential building shall be made which
changes the character and appearance thereof as a dwelling.
8) The entrance to the space devoted to such occupations shall be from
within the dwelling.
9) There shall be no exterior storage or display of equipment, goods or
materials used in the home occupation.
10) One sign, not to exceed 4 square feet in area, may be placed on the
premises. The sign may identify the home occupation, resident and
address but may contain no other information. The sign may not be
illuminated and must be set back a minimum of 10 feet from a property
line abutting a public street. If the sign is freestanding, the total height
may not exceed 5 feet.
e c) Patios, decks, swimming pools, tennis courts and other recreational facilities
which are operated for the enjoyment and convenience of the residents of the
principal use and their guests.
f- d) Detached accessory buildings such as garages, carports, tool houses, sheds,
gazebos, noncommercial greenhouses and similar buildings for storage of
domestic supplies and noncommercial recreational equipment, provided the
following standards are met:
1) No detached accessory building shall be located closer to an abutting
street than the principal structure.
2) No detached accessory building shall exceed 15 feet in height.
3) No detached accessory building shall exceed 1 story in height, except
that it may have an unfinished upper loft area provided it is used for
storage only and not as habitable space.
4) No detached accessory building shall exceed 1,000 square feet in area.
5) The cumulative area of all detached accessory buildings on a lot shall not
exceed the footprint of the residential portion of the principal building.
6) In instances where the vehicle entrance to a garage or carport faces a
Page 7 of 18
street or alley, the vehicle entrance shall be set back a minimum of 20
feet from the lot line abutting the street or alley unless more restrictive
setback requirements apply.
7) Detached accessory structures or buildings are not permitted if they are
constructed of fabric, cloth, plastic sheets, tarps, tubular metal, exposed
plywood or particle board, or similar materials.
Exceptions:
i) Non-commercial greenhouses located in the rear yard, limited to
1 per lot, and not to exceed 120 square feet.
ii) Tents located in the rear yard, used only for seasonal recreational
purposes, and not to exceed 120 square feet.
g e) Fences and walls, subject to the provisions of subsection 515.13,
subdivision 7.
h D Garage sales for the infrequent temporary display and sale of general
household goods, used clothing, appliances, and other personal property,
provided:
1) The exchange or sale of merchandise is conducted within the
principal structure or an accessory structure.
2) Items for sale may not include personal property purchased for
the purpose of resale.
3) The number of garage sales on an individual premises may not
exceed 4 per year.
4) Each sale is limited to a 3 day duration, with hours of operation
between 8:00 a.m. and 9:00 p.m.
5) Garage sale signs identifying the location and times of a garage
sale may be placed on the property at which the sale is to be
conducted or on the property of others with their consent. Such
signs shall not exceed 4 square feet in area per side; shall not be
placed on or attached to any public property or utility pole; shall
not be placed within the 25 -foot sight triangle at an intersection,
as measured from the 2 sides formed by the property lines and
the third side formed by a straight line connecting the 2 25 -foot
points of the corner; and must be removed within 24 hours of the
time stated on such sign for the conclusion of the sale.
i- g) Antennas and towers for amateur radio operations licensed by the FCC,
together with necessary guy wires and anchors. Such structures shall be
made of unpainted metal or other visually unobtrusive material, subject
to the approval of the zoning administrator. Such structures shall not be
located in any front yard, side yard, or side street side yard. Such
structures shall be set back at least 15 feet from any lot line; except for
necessary guy wires and anchors, which shall be set back at least 3 feet
Page 8 of 18
from any rear or side lot line; and except for antennas made only of wire
less than 1/4 inch in diameter, which shall be set back at least 3 feet from
any rear or side lot line. (Amended, Ord. 2004-6)
k h) Roof -mounted television and radio receiving antennae, not including
satellite dishes, not to exceed 12 feet above the roof, and not projecting
more than 2 feet into any yard.
1E i) Satellite dishes not to exceed 40 inches in diameter and not to exceed 4
feet above the roof.
U) Clothesline poles located in the rear yard.
1.11. Amend 515.37 Subd. 3 (accessory uses in the R-2 district) as follows:
a) Off-street parking I' ~a ~f e dr- i t in
tis
sof motor vehicles and recreational vehicles and equipment as regulated by
section 1330 of the cily code.
2 Veh-ieles with a gross vehicle weight heater than 12,000 pounds are E+
permitted.
�l
The „hef of vehieles par -ked or -stored outside en a lot shall .
4 or-eaeb single family dwelli}}b, or- 2 b unit for n +h a
4) The eutn la4ive-hexa of all and empefts en a let, —whe he
attached of det-aehed, shall net exceed -the feetpr-int of the fesidential
building.n of the pfitieipai
5) Tl + 1 d gafages ,d earpeAs afe eensider-ed to he detaeked_
h lvurlding"s and -are --subjeet to -the 1: ita4io in paragraph f) of this
aubsecTirnr.
b) 09 +.- et ...,...king „f .,,,t mere than 1 lieensed and e fable e ..1 . et,,,-
vehiele, -owned- and open -aced -key- a fesident of the -dwelling,
12,000 peunds gross vehiele weighs 22 F e+ :, length 4 feet width,and Q
feet in heigh nl e :,+ea in a gar-ageer- hard sur-faee
515.17. Pafkifig or storage f „. +.- , „ k t, +. s semi+ :lo r r .. mi er-s . .
tr-aet..
tr-aete f +mile fs is .-ehibite,l
e.,t:, nalyeh:eles .,„,1 equipment .. ul ted 1-,y seetioi 1 330 of the eit.,
� GbaC.
Page 9 of 18
d b) Home occupation. An occupation, profession, activity or use that is clearly a
customary, incidental and secondary use of a dwelling and which does not alter
the exterior of the property or affect the residential character of the
neighborhood. Permissible home occupations shall not include the conducting
of a retail business (other than by mail), manufacturing or repair shop.
Standards applicable to home occupations are as follows:
1) No home occupation shall be permitted which results in or generates
more traffic than one car at any one given point in time.
2) Only persons residing on the premises shall be employed.
3) No home occupation shall be permitted which is noxious, offensive or
hazardous by reason of vehicular traffic, generation or emission of noise,
vibration, smoke, dust or other particulate matter, odorous matter, heat,
humidity, glare, refuse, radiation or other objectionable emission.
4) No mechanical, electrical or other equipment shall be used which
produces noise, electrical or magnetic interference, vibration, heat, glare
or other nuisance outside the residential structure.
5) The home occupation shall be conducted entirely within the residential
portion of the principal building.
6) No more than 25% or 400 square feet of the floor area of the dwelling,
whichever is less, shall be devoted to the home occupation.
7) Such home occupation shall not require internal or external alterations or
involve construction features not customarily found in dwellings, and no
alteration of the principal residential building shall be made which
changes the character and appearance thereof as a dwelling.
8) The entrance to the space devoted to such occupations shall be from
within the dwelling.
9) There shall be no exterior storage or display of equipment, goods or
materials used in the home occupation.
10) One sign, not to exceed 4 square feet in area, may be placed on the
premises. The sign may identify the home occupation, resident and
address but may contain no other information. The sign may not be
illuminated and must be set back a minimum of 10 feet from a property
line abutting a public street. If the sign is freestanding, the total height
may not exceed 5 feet.
e c) Patios, decks, swimming pools, teimis courts and other recreational facilities
which are operated for the enjoyment and convenience of the residents of the
principal use and their guests.
f - d) Detached accessory buildings such as garages, carports, tool houses, sheds,
gazebos, noncommercial greenhouses and similar buildings for storage of
Page 10 of 18
domestic supplies and noncommercial recreational equipment, provided the
following standards are met:
1) No detached accessory building shall be located closer to an abutting
street than the principal structure.
2) No detached accessory building shall exceed 15 feet in height.
3) No detached accessory building shall exceed 1 story in height, except
that it may have an unfinished upper loft area provided it is used for
storage only and not as habitable space.
4) No detached accessory building shall exceed 1,000 square feet in area.
5) The cumulative area of all detached accessory buildings on a lot shall not
exceed the footprint of the residential portion of the principal building.
6) In instances where the vehicle entrance to a garage or carport faces a
street or alley, the vehicle entrance shall be set back a minimum of 20
feet from the lot line abutting the street or alley unless more restrictive
setback requirements apply.
7) Detached accessory structures or buildings are not permitted if they are
constructed of fabric, cloth, plastic sheets, tarps, tubular metal, exposed
plywood or particle board, or similar materials.
Exceptions:
i) Non-commercial greenhouses located in the rear yard, limited to
1 per lot, and not to exceed 120 square feet.
ii) Tents located in the rear yard, used only for seasonal recreational
purposes, and not to exceed 120 square feet.
g e) Fences and walls, subject to the provisions of subsection 515.13,
subdivision 7.
h f) Garage sales for the infrequent temporary display and sale of general
household goods, used clothing, appliances, and other personal property,
provided:
1) The exchange or sale of merchandise is conducted within the
principal structure or an accessory structure.
2) Items for sale may not include personal property purchased for
the purpose of resale.
3) The number of garage sales on an individual premises may not
exceed 4 per year.
4) Each sale is limited to a 3 day duration, with hours of operation
between 8:00 a.m. and 9:00 p.m.
Page 11 of 18
�-� 5) Garage sale signs identifying the location and times of a garage
sale may be placed on the property at which the sale is to be
conducted or on the property of others with their consent. Such
signs shall not exceed 4 square feet in area per side; shall not be
placed on or attached to any public property or utility pole; shall
not be placed within the 25 -foot sight triangle at an intersection,
as measured from the 2 sides formed by the property lines and
the third side formed by a straight line connecting the 2 25 -foot
points of the corner; and must be removed within 24 hours of the
time stated on such sign for the conclusion of the sale.
g) Antennas and towers for amateur radio operations licensed by the FCC,
together with necessary guy wires and anchors. Such structures shall be
made of unpainted metal or other visually unobtrusive material, subject
to the approval of the zoning administrator. Such structures shall not be
located in any front yard, side yard, or side street side yard. Such
structures shall be set back at least 15 feet from any lot line; except for
necessary guy wires and anchors, which shall be set back at least 3 feet
from any rear or side lot line; and except for antennas made only of wire
less than'/4 inch in diameter, which shall be set back at least 3 feet from
any rear or side lot line. (Amended, Ord. 2004-6)
h) Roof -mounted television and radio receiving antennae, not including
satellite dishes, not to exceed 12 feet above the roof, and not projecting
more than 2 feet into any yard.
k i) Satellite dishes not to exceed 40 inches in diameter and not to exceed 4
feet above the roof.
l--) Clothesline poles located in the rear yard.
1.12. Amend 515.41 Subd. 3 (accessory uses in the R-3 district) as follows:
a) Off-street parking , hard rf e as e it
are met: of motor vehicles and recreational vehicles and equipment as regulated by
section 1330 of the city code.
...
Page 12 of 18
4} The—eumttla4ive-ares of all gafages and
eafpa.ts en a l^* tether
attaehed of detaehed, shail f}et- exceed the
fevtprint of t9e r-esidential
d b) Home occupation. An occupation, profession, activity or use that is clearly a
customary, incidental and secondary use of a dwelling and which does not alter
the exterior of the property or affect the residential character of the
neighborhood. Permissible home occupations shall not include the conducting
of a retail business (other than by mail), manufacturing or repair shop.
Standards applicable to home occupations are as follows:
1) No home occupation shall be permitted which results in or generates
more traffic than one car at any one given point in time.
2) Only persons residing on the premises shall be employed.
3) No home occupation shall be permitted which is noxious, offensive or
hazardous by reason of vehicular traffic, generation or emission of noise,
vibration, smoke, dust or other particulate matter, odorous matter, heat,
humidity, glare, refuse, radiation or other objectionable emission.
4) No mechanical, electrical or other equipment shall be used which
produces noise, electrical or magnetic interference, vibration, heat, glare
or other nuisance outside the residential structure.
5) The home occupation shall be conducted entirely within the residential
portion of the principal building.
6) No more than 25% or 400 square feet of the floor area of the dwelling,
whichever is less, shall be devoted to the home occupation.
7) Such home occupation shall not require internal or external alterations or
involve construction features not customarily found in dwellings, and no
alteration of the principal residential building shall be made which
changes the character and appearance thereof as a dwelling.
Page 13 of 18
W
8) The entrance to the space devoted to such occupations shall be from
within the dwelling.
9) There shall be no exterior storage or display of equipment, goods or
materials used in the home occupation.
10) One sign, not to exceed 4 square feet in area, may be placed on the
premises. The sign may identify the home occupation, resident and
address but may contain no other information. The sign may not be
illuminated and must be set back a minimum of 10 feet from a property
line abutting a public street. If the sign is freestanding, the total height
may not exceed 5 feet.
e c) Patios, decks, swimming pools, tennis courts and other recreational facilities
which are operated for the enjoyment and convenience of the residents of the
principal use and their guests.
f7d) Detached accessory buildings such as garages, carports, tool houses, sheds,
gazebos, noncommercial greenhouses and similar buildings for storage of
domestic supplies and noncommercial recreational equipment, provided the
following standards are met:
1) No detached accessory building shall be located closer to an abutting
street than the principal structure.
2) No detached accessory building shall exceed 15 feet in height.
3) No detached accessory building shall exceed 1 story in height, except
that it may have an unfinished upper loft area provided it is used for
storage only and not as habitable space.
4) No detached accessory building shall exceed 1,000 square feet in area.
5) The cumulative area of all detached accessory buildings on a lot shall not
exceed the footprint of the residential portion of the principal building.
6) In instances where the vehicle entrance to a garage or carport faces a
street or alley, the vehicle entrance shall be set back a minimum of 20
feet from the lot line abutting the street or alley unless more restrictive
setback requirements apply.
7) Detached accessory structures or buildings are not permitted if they are
constructed of fabric, cloth, plastic sheets, tarps, tubular metal, exposed
plywood or particle board, or similar materials.
Exceptions:
i) Non-commercial greenhouses located in the rear yard, limited to
1 per lot, and not to exceed 120 square feet.
ii) Tents located in the rear yard, used only for seasonal recreational
purposes, and not to exceed 120 square feet.
Page 14 of 18
g e) Fences and walls, subject to the provisions of subsection 515.13,
subdivision 7.
h f) Garage sales for the infrequent temporary display and sale of general
household goods, used clothing, appliances, and other personal property,
provided:
1) The exchange or sale of merchandise is conducted within the
principal structure or an accessory structure.
2) Items for sale may not include personal property purchased for
the purpose of resale.
3) The number of garage sales on an individual premises may not
exceed 4 per year.
4) Each sale is limited to a 3 day duration, with hours of operation
between 8:00 a.m. and 9:00 p.m.
5) Garage sale signs identifying the location and times of a garage
sale may be placed on the property at which the sale is to be
conducted or on the property of others with their consent. Such
signs shall not exceed 4 square feet in area per side; shall not be
placed on or attached to any public property or utility pole; shall
not be placed within the 25 -foot sight triangle at an intersection,
as measured from the 2 sides formed by the property lines and
the third side formed by a straight line connecting the 2 25 -foot
points of the corner; and must be removed within 24 hours of the
time stated on such sign for the conclusion of the sale.
i g) Antennas and towers for amateur radio operations licensed by the FCC,
together with necessary guy wires and anchors. Such structures shall be
made of unpainted metal or other visually unobtrusive material, subject
to the approval of the zoning administrator. Such structures shall not be
located in any front yard, side yard, or side street side yard. Such
structures shall be set back at least 15 feet from any lot line; except for
necessary guy wires and anchors, which shall be set back at least 3 feet
from any rear or side lot line; and except for antennas made only of wire
less than'/4 inch in diameter, which shall be set back at least 3 feet from
any rear or side lot line. (Amended, Ord. 2004-6)
i h) Roof -mounted television and radio receiving antennae, not including
satellite dishes, not to exceed 12 feet above the roof, and not projecting
more than 2 feet into any yard.
k i) Satellite dishes not to exceed 40 inches in diameter and not to exceed 4
feet above the roof.
U) Clothesline poles located in the rear yard.
Page 15 of 18
''1
Section 2. In Crystal City Code Section 800 (Streets, Alleys and Public Ways), a new
subsection 800.10 shall be added as follows:
800.10. Curb cuts and drivewav approaches within the public right-of-way.
Subdivision 1. Permit required. It is unlawful for any person to create, construct, move or modify
a curb cut or driveway approach within the public right-of-way without first obtaining a curb cut
permit for such work in accordance with the procedures set forth in this section. The curb cut
pennit is in addition to a right-of-way_permit.
Subdivision 2. Definitions. For the purpose of this subdivision, "driveway" shall mean the area on
private property_ providing vehicular access to theag_rage or parking area; "driveway approach"
shall mean the area within the street right-of-wayproviding vehicular access from the curb cut to
the driveway; and "curb cut" shall mean the edge of the street where joined by the driveway
gpproach, whether or not standard concrete curb and gutter are present on the street.
Subdivision 3. Standards. The permit holder shall perform the work authorized under the permit
according to the standards specified below.
a) Curb cuts for 1 -family and 2 -family dwellings shall comply with the following requirements:
1) Curb cuts shall not exceed 22 feet in width or the width of the driveway at the property
line, whichever is less.
2) If the curb cut is narrower than the driveway at the property line, then there may be an
angled transition in the width of the driveway approach provided that the angle is no
more than 45 degrees. In no circumstance shall any part of the driveway approach exceed
22 feet in width, unless the city engineer determines that, due to setback or topographic
constraints, greater width in the boulevard is required for an angled transition to a wider,
conforming_driveway or lawful auxiliary space on private property.
3) When a property is permitted more than one auxiliary parking space in accordance with
Exception #2 in 515.17 Subd. 4 i) 5), the city engineer may approve an additional angled
transition in the width of the driveway approach to provide access to such auxiliary
space. The additional area must only be on 1 side of the curb cut, be no more than 3 feet
wider than the curb cut at the edge of the street pavement, and have an angle of no more
than 45 degrees. The combined width of the driveway approach plus this additional area
shall not exceed 22 feet anywhere in the street right-of-way, unless there are setback or
topographic constraints that require greater width to provide reasonable access to a
conforming driveway or lawful auxiliary space.
4) Two adjacent 1 -family dwellings may share a single curb cut. In such cases, the
maximum curb cut width shall be the sub of each dwelling's allowed curb cut width, but
in no circumstances shatl a shared curb cut exceed 32 feet in width.
5) Curb cuts and driveway approaches shall be at least 3 feet from the side lot line extended
to the street, except that shared curb cuts may straddle the common lot line between the 2
properties sharing the curb cut.
Page 16 of 18
- -. 6) No curb cut or driveway approach access on a collector or arterial street shall be located
less than 30 feet from the corner. No curb cut access on a local street shall be located less
than 20 feet from the corner. This distance shall be measured from the intersection of
right-of-way lines.
b) Curb cuts for uses other than 1 -family and 2 -family dwellings shall comply with the
following requirements:
1) Curb cuts shall not exceed 32 feet in width or the width of the driveway at the property
line, whichever is less.
2) The width of driveway approach shall not exceed the curb cut width, unless the property
has setback or topographic constraints and the city engineer makes a determination that
for the property to have reasonable access the driveway must be allowed to be wider at
the property line than it is at the curb cut.
3) Curb cuts and driveway approaches shall be at least 5 feet from the side lot line extended
to the street.
4) Curb cuts and driveway approaches shall not be located less than 40 feet from one
another.
5) No curb cut access or driveway approach on a collector or arterial street shall be located
less than 30 feet from the corner. No curb cut access on a minor street shall be located
less than 20 feet from the corner. This distance shall be measured from the intersection of
right-of-way lines.
c) A parcel of land may have 1 curb cut for each 125 feet of street frontage, but every parcel of
land may have 1 curb cut. A parcel of land used for a single family dwelling may have only 1
curb cut regardless of the amount of street frontage. For a single family or two family
dwelling, where a parcel of land abuts on an alley open to public use, 1 additional access is
permitted opening on the alley for use only to access a garage.
d) The boulevard portion of the street right-of-way shall not be used for parking. This
prohibition includes the portion of a driveway approach located in the public right-of-way.
Section 3. This ordinance is effective in accordance with Crystal City Code,
Subsection 110.11.
First Reading:
Adopted:
Summary Publication:
Effective Date:
ATTEST:
ReNae J. Bowman, Mayor
Page 17 of 18
Janet Lewis, City Clerk
Page 18 of 18
CITY COUNCIL ACTIONS ON PLANNING COMMISSION ITEMS
November 20, 2007:
The Council considered a Variance to reduce the rear (south) setback at 3550 Hampshire
Ave N. Motion carried to deny the variance to reduce the south setback from 12.5
feet to 2 feet. Motion carried to approve the variance to reduce the south setback
from 12.5 feet to 5 feet.
2. Approved the First Reading of a rezoning ordinance to approve Low Density Residential
Planned Development at 4908 & 4910 Bernard Ave N.
December 18, 2007:
Approved the Second Reading of an ordinance and its corresponding summary ordinance
amending City Code Section 405 (revised sign regulations).
2. Approved the Second Reading of a rezoning ordinance to approve Low Density
Residential Planned Development at 4908 & 4910 Bernard Ave N.
PLANNING COMMISSION AND CITY COUNCIL - STATUS OF PREVIOUSLY
APPROVED SPECIAL LAND USE APPLICATIONS:
Retail building at 4824 56th. On September 19, 2006, the City Council approved site
and building plans for a retail building at 4824 56th Avenue North. However, Hennepin
County is requiring that the curb cut be shifted east, and additional modifications to the
site plan were needed. The City Council approved a curb cut variance and modified site
plan on April 17, 2007, and the house formerly located on the site has been demolished,
but construction of the new building has not begun.
2. O'Reilly Auto Parts (4821 West Broadway). On June 19, 2007, the City Council
approved site and building plans for O'Reilly Auto Parts to build a 6,600 sq. ft. retail
store on this currently vacant property. Construction is essentially complete.
3. Professors 2nd Addition (32xx Florida). On July 24, 2007, the City Council approved this
request from SVK Development to re -plat an unaddressed parcel (20-118-21-14-0101)
into three parcels: Two lots for new houses on Florida Avenue (tentatively addressed as
3213 and 3219), and an outlot to be held, undeveloped for the time being, for possible
future redevelopment such as subdivision into two lots on a future extension of Georgia
Avenue north of 32 d Avenue. However, no work has occurred at this time.
4. Crystal Motors (5241 West Broadway). On September 18, 2007, the City Council
approved a Conditional Use Permit and site plan for construction of a 9,840 sq. ft. auto
sales showroom building near the southwestern part of the property. The existing
showroom building would be converted into office space for the business. However, no
work has occurred at this time.
5. African Food Market (5736 Lakeland). On October 16, 2007, the City Council approved
a Conditional Use Permit for a privately -owned community center within the building
housing the African Food Market and other businesses.
6. Reliable Property Service (5712 Lakeland). On October 16, 2007, the City Council
approved a Conditional Use Permit for outdoor storage related to a property
maintenance service and equipment sales business.
7. Crystal Park Station plat (excess CPRR property west of Douglas Drive). On October
16, 2007, the City Council approved the preliminary and final plat of Crystal Park
Station. This plat will allow the Canadian Pacific railroad to sell off the property
containing the old industrial uses north of the tracks and west of Douglas Drive. This
plat approval does not include any changes to the buildings or site improvements; that
H:IDevelopment Status Reports12007-4th quarter.doc Page 1 of 3
would require separate Planning Commission and City Council approval, and no such
applications have been made at this time.
8. Tranquility Bay (Low Density Residential Planned Development at 4908 & 4910 Bernard
Ave N). On December 18, 2007, the City Council gave final approval to a preliminary
and final plat together with rezoning of the existing two-family dwelling at 4908 and 4916
Bernard so that each unit may be owner -occupied and sold separately from the other.
ECONOMIC DEVELOPMENT AUTHORITY
REDEVELOPMENT ACTIVITIES:
9. Thora Thorson Addition. The EDA purchased the former Thora Thorson Elementary
School (7323 58th Ave N) from Robbinsdale Area Schools in October 2005, cleared the
site in spring 2006, replatted the property into 17 lots and installed new infrastructure
(street, water, sewer, etc.) in summer 2006. In fall 2006, the EDA sold the 17 lots to
builders for new house construction. On lots 1, 3, 4, 9, 10, 13, 14 and 17, construction
of the houses is essentially complete, and three of those houses have been sold. For
Lots 2, 5, 6, 7, 8, 11, 12, 15 and 16, the EDA has extended the completion deadline to
September 30, 2008.
10. 5710 and 5720 32nd. The EDA purchased this property for $135,000 in June 2006, plus
an adjacent tax forfeit lot in July 2006 for $6,000. The EGA demolished the existing
house and replatted the property into two lots. City crews completed the grading work
in June 2007. The EDA has sold each lot to Covenant Builders for $85,500 per lot.
The house at 5710 32nd was completed and sold in November 2007. The house at 5720
32nd is approximately 50% complete and the builder already has a buyer for the house.
11. 6325 41St. The EDA purchased this tax forfeit property for $80,000 in January 2007
then demolished the existing house in summer 2007. The EDA sold this lot to Clark
Kent Homes for $90,000 in October 2007. The new house is approximately 30%
complete and the builder already has a buyer for the house.
12. 3541 Hampshire. The EDA purchased this fire -damaged property for $80,000 in
January 2007 then demolished the existing house in summer 2007. The EDA has
approved the sale of the lot to Kingsman LLC for $75,000 and closing is scheduled for
January 2008. The new house would be a split foyer design with four bedrooms, three
bathrooms and a three car garage.
13. 5527 Xenia. The EDA purchased this property for $101,500 in March 2007 then
demolished the existing house in summer 2007. The EDA has approved the sale of the
lot to Kingsman LLC for $75,000 and closing is scheduled for January 2008. The new
house would be a split foyer design with four bedrooms, three bathrooms and a two car
garage.
14. 4306, 4310, 4326 and 4330 Zane. Over the last several years, the EDA had acquired
and demolished four houses on the `Yates Alley' block between 43rd and 44th Avenues.
The four lots had been land banked for future redevelopment due to the presence of an
unpaved alley on this block. In fall 2007 the city reconstructed the alley with concrete.
The EDA is currently seeking new house proposals with a minimum lot price of $65,000.
H:IDevelopment Status Reports12007-4th quarter.doc Page 2 of 3
15. 5918 Idaho. The EDA purchased this property for $95,000 in July 2007. Demolition
was completed in the fourth quarter of 2007. The EDA expects to seek new house
proposals in spring 2008.
16. 5626 Vera Cruz. The EDA purchased this property for $75,000 in September 2007.
Demolition is scheduled for the first quarter of 2008. The EDA expects to seek new
house proposals in spring 2008.
17. 6622 46" (to become 4604 & 4612 Hampshire). The EDA purchased this property for
$150,000 in November 2007. Demolition is scheduled for the first quarter of 2008, and
concurrent with that, the EDA will submit a plat application to subdivide it into two lots to
be addressed as 4604 and 4612 Hampshire. The EDA expects to seek new house
proposals for both lots in spring 2008.
18. 5401 35th. The EDA purchased this foreclosed property for $75,000 in November 2007.
Demolition is scheduled for the first quarter of 2008. The EDA expects to seek new
house proposals in spring 2008.
19. 5657 Adair. The EDA purchased this foreclosed property for $75,000 in December
2007. Demolition is scheduled for the first quarter of 2008. The EDA expects to seek
new house proposals in spring 2008.
20. Highway 100 land use (excess right-of-way). In January 2005, the EDA made a formal
request to the Minnesota Department of Transportation (MnDOT) to survey and
appraise potential parcels. MnDOT is currently in the process of getting the appraisals
completed. The EDA has authorized acquisition of property on the east side of the
highway in June 2007, and will be likely be asked to authorize acquisition of properties
on the east side of the highway in the first quarter of 2008. Actual closing on the
acquisitions can be expected to occur in mid -late 2008. Re -sale of such property for
development would probably occur in 2009, depending on market conditions.
21. 5111 5121 5201 and 5211 56th (Four 4-plexes on Bass Lake Road).
■ In October 2006, the EDA acquired 5201 and 5211 for $370,000 each. It then
relocated the tenants, abated the asbestos and demolished the buildings. Grading,
seeding and other final site work was completed during summer 2007.
■ In January 2007, the EDA acquired 5111 for $370,000. It then relocated the tenants
and abated the asbestos. Demolition will be completed by mid-July 2007. Grading,
seeding and other final site work was completed during summer 2007.
■ In June 2007, the EDA acquired a Sheriff's Certificate at the foreclosure sale for
5121. The redemption periods ran until late 2007, so the EDA has just now come
into title on the property. The EDA expects to proceed with demolition in the first
quarter of 2008 with grading, seeding and other final site work to follow in the
second quarter of 2008.
■ The EDA has not yet determined what to do with these properties.
H:IDevelopment Status Reports12007-4th quarter.doc Page 3 of 3
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