2004.06.14 PC Meeting PacketCRYSTAL PLANNING COMMISSION AGENDA SUMMARY
June 14, 2004
7:00 p.m.
Crystal City Hall - Council Chambers
4141 Douglas Dr N
A. CALL TO ORDER
B. APPROVAL OF MINUTES
• May 10, 2004 regular meeting
C. PUBLIC HEARINGS
1. Consider Application 2004-03 for Site Plan Review to construct a new 15,543 sq.
ft. commercial building at 5756 Lakeland Avenue North. *
2. Consider Application 2004-04 for a Variance to increase the maximum rear yard
structure coverage at 5013 Welcome Avenue North from 40% to 52%. *
3. Consider Application 2004-05 for a Zoning Ordinance text amendment to revise
Subsection 515.61 (Floodplain Overlay), including adoption of new Flood
Insurance Rate Maps. *
4. Consider Application 2004-06 for Preliminary Plat of Brunswick Fields (currently
4120, 4130 and 4140 Brunswick Avenue North) to create four lots for new house
construction. *
D. OLD BUSINESS
E. NEW BUSINESS
F. GENERAL INFORMATION -
1. City Council actions on recent Planning Commission items.
2. Staff preview of likely agenda items for July 12, 2004 meeting.
G. OPEN FORUM
H. ADJOURNMENT
* Items for which supporting material will be included in the meeting packet.
CRYSTAL PLANNING COMMISSION
MAY 10, 2004
A. CALL TO ORDER
Page I of 4
The regular meeting of the Crystal Planning Commission convened at 7:00 p.m. with the
following present: Davis, Krueger, Nystrom, Strand, and VonRueden. Also present were the
following: City Council Liaison Gary Joselyn, Planner Sutter and Recording Secretary
Matthews.
B. APPROVAL OF MINUTES
Moved by Commissioner Krueger and seconded by Commissioner Nystrom to approve the
minutes of the April 12, 2004 regular meeting with no exceptions.
Motion carried.
C. PUBLIC HEARINGS
Consider Application 2004-01 for a Zoning Ordinance text amendment to modify the use, height,
setback and other similar regulations pertaining to antennas and towers for amateur radio
operations licensed by the FCC.
Planner Sutter explained that this item was again continued from last month to allow staff time to
draft a full ordinance for consideration, and also to look at some additional issues that have been
raised. Since that time we have drafted the ordinance and have had the city attorney review the
draft. Staff and the city attorney are comfortable with the language in the ordinance.
Chair VonRueden asked if there is anything discussing how wide the boom can be. Planner
Sutter stated that the setbacks are the same whatever the lot width, so a wider lot could have
longer booms.
Chair VonRueden opened the Public Hearing.
John Bellows stated he is an attorney that practices in St. Paul and the surrounding areas. His
concerns are twofold. First being that federal regulations pre-empted municipality's ability to
govern this issue. He wished that he had had the opportunity to speak to the city's attorney. PRB
1 was issued in 1985 limiting municipalities to the minimum restrictions while still meeting the
amateur HAM radio operator's needs. In 1987 the feds codified this order into Federal
Regulations. In 1999 it was further modified by the FCC to reject the balancing test of
community needs against amateur radio users needs by municipality's because FCC regulations
already do this. Bellows stated that the ordinance is not reasonably drafted based on PRB-1.
There is not one instance in which the old ordinance created a problem for the city. Bellows
stated the City has showed that it is really only concerned about aesthetics, by the way the
Page 2 of 4
ordinance is drafted. The city's staff has based its fact finding on the balancing test which is
exactly what the FCC said a municipality couldn't do.
Commissioner Davis expressed concern about the length of this process and the many prior
opportunities for Mr. Bellows to participate. Bellows continued that his group did a preliminary
study of the properties in Crystal that use HAM radios and 25% have less than a 70' lot line. The
city can't just consider aesthetics. Planners are like judges, you can't tell them what is wrong.
This is contrary to what the commission should be doing.
Commissioner Kruger asked if a 15' setback would stop you from building an antenna. Bellows
replied that yes it would keep me from building an effective antenna. Bellows went on to
describe how radio frequencies and antennas relate.
Anna Johansson approached the commission. Johansson stated that HAM radio operators
provide a good service to the community. They would have to remove a very large tree in their
backyard if this ordinance passes, and this would have a negative effect on their property. She
supports her husband's hobby, it is a community service. This ordinance would take away a lot
of natural screening from many properties.
Mike Boulargin approached the commission stating that he wanted to amplify or echo what has
been said. The current setbacks are 5' on either side. 5' seems reasonable 15' I don't understand
that, it seems extreme. Thank you.
Anders Johansson approached the commission He said they brought Mr. Bellows here because
we thought he might be better able to communicate our concern about this ordinance. We
provided the city with many ordinances from other cities that are not as restrictive. We do not
support this ordinance. This ordinance would wind up destroying natural screening devices.
HAM radio operators provide an important service to the community. The Twin Cities Marathon
has become one of the best because we have operators at each mile marker reporting what is
going on. This is not just a hobby. This is not just a group of people down in a basement. This is
a group of people that provide an important service to the community.
Commissioner Kruger asked Mr. Johansson if his neighbor was -a HAM radio operator, then
would you and he be able to adjust their property line to get the amount of rear yard that you
need. Johansson replied that yes property lines have been adjusted successfully over the years for
many different uses.
Commissioner Davis thanked Johansson for his patience regarding this issue, and for helping to
educate us.
Bellows asked to speak again. Bellows stated that HAM radio operators do provide important
services to the public. Bellows sited the terrorist attacks on 9/11 as an example. HAMS also assist
with storm tracking and tornadoes. They provide a great service to the community/
Commissioner Davis suggested that both attorneys get together, and go through the ordinance.
Chair VonRueden stated vote to close the Public Hearing. Davis no, Kruger yes, Nystrom yes,
Strand yes, VonRueden yes.
Page 3 of 4
Motion Carried
Chair VonRueden asked Planner Sutter if he had anything to add. Planner Sutter that after
communication with all concerned parties, and after exhaustive research, including research of
the surrounding cities, staff found that there are many ordinances out there that are much more
restrictive. The ordinance was drafted keeping in mind that it has to apply to all properties. An
ordinance can't only address a specific property or only a few properties. Those particular
properties that don't fit within a given ordinance have the ability to apply for a variance, and the
reasonable accommodation standard to be used in this type of case is much lower than the undue
hardship standard that is normally used in variance applications. Staff and the City Attorney are
very comfortable with the language in the ordinance.
Motion by Nystrom and seconded by Kruger to recommend to City Council to approve
Application 2004-01 a proposed Zoning Ordinance Text Amendment modifying the use, height,
setback and other similar regulations pertaining to antennas and towers for amateur radio
operations licensed by the FCC — Option Two given by staff.
Motion carried.
Planner Sutter stated that the first reading would go to council on May 18, and that the 2°a
reading would be on June 1St. Staff will provide council with background and commission
minutes so they can be aware of the history of this drawn out issue.
D. OLD BUSINESS
None
E. NEW BUSINESS
None
F. GENERAL INFORMATION
1. 5756 Lakeland Ave will be on the agenda in June for site plan review.
2. The 4100 Brunswick property will be replatted into 4 lots. The commission will consider
the plat in June.
3. There is a proposed Flood Plain map and ordinance that the commission will consider in
June.
G. OPEN FORUM
None
H. ADJOURNMENT
Motion to adjourn by Commissioner Nystrom and seconded by Commissioner Kruger to
adjourn.
Page 4 of 4
Motion carried.
The meeting adjourned at 8:02 p.m.
Chair VonRueden
Secretary Strand
ME M OR AND U M
DATE: June 10, 2004
TO: Planning Commission (June 14th meeting)
FRO ohn Sutter, Planner and Redevelopment Coordinator
SUBJECT: Public Hearing: Application 2004-03 for Site Plan Review to construct a
new commercial building at 5756 Lakeland Avenue North.
A. BACKGROUND
The subject property is a 50,050 sq. ft. (1.15 acre) site owned by Namakan Properties
LLC. The existing building is currently occupied by Carpet King, who would be the main
tenant in the new building. The proposal is for a new 15,543 sq. ft. multi -tenant
commercial building, together with a new 69 stall parking lot, trash enclosure, and
landscaping. Carpet King intends to remain in the existing building while the new
building is being constructed. Demolition of the existing building would occur once the
new building is completed.
The property is zoned C-2 General Commercial. Retail and office uses are generally
permitted in the C-2 district but Site Plan Review is required for the new building and
site improvements. Notice of Public Hearing was mailed to all property owners within
350 feet of the property and published in the Sun Post on June 3, 2004. At the June
14, 2004 meeting, the Planning Commission will hold the public hearing and may make
a recommendation for the City Council to consider at its July 6, 2004 meeting.
The following Exhibits are attached:
A. Plat map showing the subject property.
B. Aerial photo showing the subject property.
C. Table of Project Cost (determination of surety amount required).
D. Survey from 1997 showing existing conditions.
E. Preliminary grading and drainage plan.
F. Site plan.
G. Landscape plan.
H. Building floor plan.
I. Building elevations.
J. Building facade example.
K. Staff notes illustrating recommended changes to plans.
B. STAFF COMMENTS
SITE PLAN REVIEW - CARPET KING (5756 LAKELAND)
PAGE 1 OF 5
1. Building. The exterior will be mainly decorative concrete block. It would have
different patterns, textures and colors, especially along the north and west sides
of the building. Each storefront would have a horizontal EFIS band above the
windows and main door. Service doors would be located along the south side of
the building. The trash enclosure would be located at the southeast corner of
the building.
Conditions recommended by staff -
One private hydrant shall be placed within 100' from fire department
connection.
■ The building shall be fully sprinkled with a min. design density of ordinary
group 11 covering 3000 sq. ft. This is required per the Minnesota State Fire
Code Sec. 903.3.1.4 covering buildings of undetermined use.
■ A fire department lock box shall be required. (Can be moved from existing
building)
■ A fire alarm system shall be required monitoring the sprinkler system's
tampers and flow switches.
■ All tenant spaces will be required to have a min. of one horn and strobe to
activate upon waterflow to ensure notification of all occupants.
■ The address shall be visible from the addressed street.
2. Parking, traffic and sidewalks. The Zoning Ordinance requires 62 parking
stalls; 69 would be provided. Access would be from a new 24' wide driveway on
Lakeland Avenue and the existing 20' wide driveway on 58th Avenue. The main
sidewalk across the front (north side) of the building would be 10' wide and
handicap accessible. The service sidewalk across the rear (south side) of the
building would be 5' wide and not handicap accessible.
Conditions recommended by staff -
The driveway and curb cut on 58th Avenue shall be widened to 24, which is
the minimum width required by city code for commercial driveways.
■ The parking lot 'islands' near the 58th Avenue entrance are too narrow, and
would become even more narrow if the entrance is widened as required.
Therefore they shall instead be painted islands or stripes.
■ If Carpet King intends to continue using the existing building while the new
building is under construction, then they shall submit to staff a staging and
parking plan showing how off-street parking will be provided for their
customers and employees during construction.
SITE PLAN REVIEW - CARPET KING (5756 LAKELAND)
PAGE 2 OF 5
3. Signage. No freestanding sign is shown on the submitted plans. However, a
monument sign is planned for the area north and west of the rain garden. This
would be acceptable if it is not located within the 25' sight triangle. Wall signs
are shown on the building elevations. Sign permits including staff review for
compliance with city code will be required prior to installation of any signs.
Conditions recommended by staff:
■ There shall be no signage on the east side of the building.
4. Landscaping.
The landscaping plan shows 2 deciduous shade trees and 9 evergreen trees.
However, the shade trees are shown in the same place as the rain garden, near
the northwest corner of the property, and therefore cannot be located there. It
would be desirable to have more shade trees; it would also be possible to reduce
the number of evergreens while still providing an adequate buffer for the homes
across Colorado Avenue to the east.
Conditions recommended by staff.
■ There shall be five Autumn Spire Red Maples, or other deciduous shade
trees subject to the approval of the City Forester. Two on the west side of
the building, two on the east side of the building, and one at the northeast
corner of the parking lot.
■ There shall be four Austrian Pines, or other evergreens trees subject to the
approval of the City Forester. All four shall be on the east side of the parking
lot, planted approximately on the lot line.
■ The unlawfully installed bituminous between the current parking lot and
Airport Road/ 58th Avenue shall be removed, with turf established in its place.
■ All landscape areas shall be irrigated. In the case of the subject property, this
does not apply to the areas between the north lot line and Airport Road / 58th
Avenue, provided this area is seeded or sodded in autumn 2004 to take
advantage of weather conditions best suited for establishing turf.
5. Lighting. No lighting plan was submitted. City code limits light to 1.0 foot
candle at any adjacent center line and 0.4 foot candles at any adjacent
residential property line. We do not anticipate lighting to be a problem.
However, we recommend that a photometric plan be submitted prior to
installation of any site lighting to reduce the potential need to remove or modify
lights after they are installed.
SITE PLAN REVIEW - CARPET KING (5756 LAKELAND)
PAGE 3 OF 5
6. Drainage and Utilities. Because storm sewer is not available in the area, storm
water will run aboveground onto adjacent streets. The exception to this is a
small part of the parking lot which will drain into a rain garden at the northwest
corner of the property. The Shingle Creek Watershed has determined that this
project does not require their review. The City Engineer has reviewed and
approved the grading and drainage plan. City water and sewer are in place for
the current building and will serve the new building. Overhead utility and
communications lines serving the new building will be underground, in
accordance with city code.
Conditions recommended by staff. -
Maintenance of the rain garden shall be the responsibility of the property
owner, their successors and assigns.
■ All utilities serving the new building, including electrical and communications,
shall be located underground.
7. Surety required. City code requires financial surety for completion of the
required site improvements. Typically, the amount of surety is determined based
on all of the estimated landscaping cost plus a portion of estimated paving cost.
Staff is recommending that the required surety be $30,000, with $20,000 to be
released upon satisfactory completion of the site improvements and $10,000 to
be released after at least one full year has passed since installation of the
landscaping. As required by city code, the surety shall be in the form of a cash
escrow deposit or an irrevocable letter of credit in a form acceptable to the city.
Conditions recommended by staff. -
No building permit shall be issued until the required surety and an executed
Site Improvement Agreement are provided to the city.
C. RECOMMENDATION
Staff recommends approval of the submitted plans for a new commercial building at
5756 Lakeland Avenue North, subject to the following conditions:
■ One private hydrant shall be placed within 1 00'from fire department connection.
■ The building shall be fully sprinkled with a min. design density of ordinary group II
covering 3000 sq. ft. This is required per the Minnesota State Fire Code Sec.
903.3.1.4 covering buildings of undetermined use.
■ A fire department lock box shall be required. (Can be moved from existing building)
■ A fire alarm system shall be required monitoring the sprinkler system's tampers and
flow switches.
SITE PLAN REVIEW - CARPET KING (5756 LAKELAND)
PAGE 4OF5
■ All tenant spaces will be required to have a min. of one horn and strobe to activate
upon waterflow to ensure notification of all occupants.
■ The address shall be visible from the addressed street.
■ The driveway and curb cut on 58th Avenue shall be widened to 24', which is the
minimum width required by city code for commercial driveways.
■ The parking lot 'islands' near the 58th Avenue entrance are too narrow, and would
become even more narrow if the entrance is widened as required. Therefore they
shall instead be painted islands or stripes.
■ If Carpet King intends to continue using the existing building while the new building
is under construction, then they shall submit to staff a staging and parking plan
showing how off-street parking will be provided for their customers and employees
during construction.
■ There shall be no signage on the east side of the building.
■ There shall be five Autumn Spire Red Maples, or other deciduous shade trees
subject to the approval of the City Forester. Two on the west side of the building,
two on the east side of the building, and one at the northeast corner of the parking
lot.
-� There shall be four Austrian Pines, or other evergreens trees subject to the approval
of the City Forester. All four shall be on the east side of the parking lot, planted
approximately on the lot line.
The unlawfully installed bituminous between the current parking lot and Airport Road
/58 th Avenue shall be removed, with turf established in its place.
■ All landscape areas shall be irrigated. In the case of the subject property, this does
not apply to the areas between the north lot line and Airport Road / 58th Avenue,
provided this area is seeded or sodded in autumn 2004 to take advantage of
weather conditions best suited for establishing turf. -
■ Maintenance of the rain garden shall be the responsibility of the property owner,
their successors and assigns.
■ All utilities serving the new building, including electrical and communications, shall
be located underground.
■ No building permit shall be issued until the required surety and an executed Site
Improvement Agreement are provided to the city.
The City Council would consider the Planning Commission's recommendation at its
next meeting on July 6, 2004.
SITE PLAN REVIEW - CARPET KING (5756 LAKELAND)
PAGE 5 OF 5
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Community Development Department
City of Crystal
4141 Douglas Drive North
Crystal MN 55422
voice: 763-531-1000 facsimile: 763-531-1188
internet: www.ci.crystal.mn.us
TABLE OF PROJECT COST
for Planning & Zoning Applications
(TO BE COMPLETED BY THE APPLICANT)
Address of SubjectProperty: 4V14'= --
Description or Name of Project:
1z IIV � E
ngineenng, Architectural and Legal Expenses
Site Preparation (grading, filling, tree removal)
Utilities (water, sanitary sewer and storm sewer)
Streets, Sidewalks, Parking (and other paved areas)
Other Site Improvements (lighting)
Construction of Buildings (materials and labor)
$ Ir0201cpo TOTAL PRO ECT COST (no i luding landscaping)
,�pG„fi csr�4fes ft�
If the total project cost is... Then the minimum landscaping value is...
Below $1,000,000
From $1,000,001 to $2,000,000
From $2,000,001 to $3,000,000
From $3,000,001 to $4,000,000
Over $4,000,000
2% of the total project cost
$20, 000 + 1 % of total project cost in excess
of $1,000,000
$30,000 + 0.75% of total project cost in
excess of $2,000,000
$37,500 + 0.25% of total project cost in
excess of $3,000,000
1 % of total project cost
$ 22.0, 0 Landscaping (must meet the minimum value above)
b�-
(FOR STAFF USE ONLY)
APPLICATION #:
SURETY REQUIRED:
$
$ 14, 000
$
$
$ �Z0, o00
------------------
$ 3 ®) C�30 TOTAL
SURETY REQUIRED
POWER s
POLE
TELEPHONE
RISER
CRYSTAL AIRPORT
G ° aRe LOT 2 ADJACENT PROPERTY
'e °• ,° ` STONE MOUNTAIN CARPET MILL OUTLET
15736 LAKELAND AVENUE N.
° PROPERTY ID /104-118-21-32-DO25
C ` n OWNER: CCN PROPERTIES LLC
\ ° LEGEND
PP o POWER POLE RLS DENOTES REGISTERED LAND SURVEYOR SURVEYOR'S CERTIFICATE
PLS DENOTES PROFESSIONAL LAND SURVEYOR
d TR DT TELEPHONE RISER T0: LAWYER'S TITLERSURANCE CgiPORATgV. U.S RESTAURANT
(R) DENOTES RECORD DIMENSION PROPERTIES OPEIATwG LP.:
•\ n ° < LP p LIGHT POLE (AS PER PLAT OF EMBERS 2ND ADDITION)
4 v ^
SIGN(M) DENOTES DIMENSION MEASURED THIS SURVEY I HEREBY CERTIFY 1HAf ON THE 10TH DAY OF IJNE, 1997:
FIRE HYDRANT �.
(A) TMS SURVFI WAS MADE ON THE GROUND AS PER THE FIELD NOTES
a • DENOTES SET SURVEY MONUMENT gpAON THIS SLRECT AND CORRECTLY SHOWS THE BOUNDARIES AND
^ ° ° � Q� MARKED 'KEMPER 18a0Y AREASS OF THE SUBJECT PROPERTY AND THE SIZE LOCATION AND TYPE OF
• BUILDINGS AND IMPROVEMENTS THEREON (IF ANY) -ANO -THE DISTANCE
" ALTA,
PRE
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S
D20 40
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SCALE W fE£T
1 t4W - 20 FEET (22' X 34' SHEET)
T Wai -10 FEET (11' X 17• SFEET)
Stara Vuter Pollutl- Prevention Plan (SWPPP)
CONSTRUCTION ACTIVITY
Narrative -TME CONSTRLCTFCN OF A BUILDING FACILITY WITH
REOGTR£D PARKIM5 AND DRIVEWAY AREAS. STORM WATER RUNOFF
FROM THE SITE WILL BE CON'TROLL0 IN THE FORM OF A
DETENTION POND AND AN INFILTRATIOY BASIN. LANDSCAPING
INCLUDING GRASSED AREAS AND TREE PLANTL195 ARE INCLUDED IN
THE DESIGN.
The City pf C3B1Ti1L 71 oversre inpfenmto tion, insta(ia tio.�o
nnlntenonce and post construction or ereslon prevention
netts d5 and sedlnmt control BMPs shown on this pt -
CONS TPUC TION
fan.CONSTRUCTION SE'QUENCE-
A PRE -CONSTRUCTION'
1) fA'SrALL PERIMETER SILT FENCE AND TREE FENCE.
2) INSTALL GRAVEL ENTRANCE.
3) VEPIFY LOCATIONS LV LWDERGROUND UrazTIES WITH THE
OWNER PRIa-? TO EXCAVAr[O'i
B CDNSTRUCTIOV
1) BEGIN SITE EARtHwGRK BEGINNING WITH L4STALLAr.rUN AND
CONSTRUCTION OF TEHPJRARY OR PERMANENT DETENTION PGNEE AND
OTHER STORNWAT£R CONTRLIL METHODS.
2) PERMANENT TURF ESTABLISHMENT DF DISTURBED S^TLS ON
fMBA•M'.M£NT AND SIDE SLOPES iN ACCORDANCE WITH WATERSHED
STANDARDS.
3) BEGIN UTILITY CONS TRUC.'i ON,
4) C--VLEFE SITE £ARTHVORK, WITHIN 2 VEERS OF COMPLETION
OF SITE GRADING, TOPSOIL SHALL BE SPREAD ON ALL DISTURBED
AREAS OF SITE EXCLUDING ROADWAYS SEED ALL AREAS WITH
PERENNIAL RYE GRASS AT FHE RATE OF 100 LBS/ACRE. MILCH
ALL DISTURBED AREAS VITH MNDOT TYPE 1 MJLCH SPREAD AT THE
RATE OF 1.5-2.0 TONS PER ACRE, MULCH SHALL BE DISC ANCHORED,
5) COMPLETE UTILITY CONSF,RUCTION.
C. POST-CGNSTRUCr:ON
1) INSPECT SITE TO ENSURE PERMANENT SEDLNENr CONTROL
SCHEDULE IS COMPLETED.
2) REMOVE ALL SILT DEPOSITS FROM POND AREAS.
J) REMOVE PERIMETER SILT FENCING AND CHECK DAMS LPON FINAL
ACCEPTANCE Lir MPCA.
PERWINENT SEDIMENT CONTRLL SCHELL'L£N
1) ALLWORK SHALL CQNPLY WITH 7 -HC MINNESOTA PCLLUTICN
CONTROL'S (NPCA.) GENERAL STORNVATER PERM7T PHASE 11 FW
CONSTRUCTION ACTIVITY (FMN R1000GI). BY EEGINNING WORK, THE
CBJT,RACTOR ACKNOWLEDGES THE TERMS OF THIS PER14Ir AND
AGREES TO ABIDE BY THEN
2) ALL WURK SHALL COMPLY WITH Tri£ GUIDELIA'ES SET FORTH IN
THE MPCA'S PROTECr,,kC WAFER DUALITY IN LRBAN AREAS, BEST
MANAiGEMEN7 PRACTICES FOR MfMoESOTA AND THE US -SPA'S
STORNVAT£R MANAGEMENT FOR CONSTRUCTION ACTIVITIES.
O) THE IHP.QOVEMENTS INCLUDED ON THTS PLAN ARE PART Gr THE
PERMANENT EROSIa4 CONTROL PLAN.
4) SITE MAINTENANCE SHALL INCLUDE: REMOVING SITE DEBRIS
INCLUDING ROUTINE SWEEPrNri OF STREETS CLEANING OU'T CATCH
BASINS, AND DISPOSi.4G MATERIAL OFFSITE.
5) POND MAINTENANCE SHALL INCLUDE REMOVING ALL SEDIMENT
AND DEBRIS FROM DETENTION BASIN, REPAIRING ANY EROSION
DAMAGE IN A FINELY MAAWER, AND REGULAR INSPECTION TO VERIFY
PROPER OPERATION OF D£NTENTIDN BASIN (NO STANDING WATER
EXCEPT IN DEAD STORAGE AREAS)
6) D'�RING C!SXSTRUCTION, THE CONTRACTOR SHALL INSPECT 7N£
CNT:RE SITE AF LEAST ONCE A WEEK AND F6_LOWIM, ANY
MEASURABLE RAINFALL EVENTS FOR SIGNS OF EROSION AND
SILTING. WASHED OUT TURF AND OTHER DAMAGED AREAS SHALL BE
REPAIRED IMMEDIATELY.
GENERAL RTES:
ALL PROPOSED STREET CONSTRUCTION SHALL PE COMPLETED L61NG
APPROVED MATERIALS, METHODS OF PLACEMENT AND TESTING AS
REQUIRED BY ALL GOVERNING SPECIFICATIONS OF THE CIrY AND
THE STAr£ LF MINNESOTA D£.eARTNENT OF TRANSPOR TAFIOAC ALL
PROPOSED UTILITIES ARE TO BE FUR14ISHED AND INSTALLED USING
APPROVED MATERIALS, METIODS OF PLACEMENT AND TESTING AS
REQUIRED BY THE CITY. ANY PUBLIC UTILITIES SHOWN ON THIS
PLAN ARE ONLY APPROXIMATE IN DEPTH AND LOCATIGN AND hfJST
BE VERIFIED BY THE CONTRACTOR. FURTHER, OTHER UTILITIES MAY
EXIST AND IF SHALL BE THE R£SPGVSIBILITY OF THE CONTRACTOR
TO OBTAIN r C LOCATION OF SUCH GL]PtiER STATE 04C CALL
SYSTEM 1-600-252-1166,
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ROSA AMatfrMLRAI GROUP
1D64 STERLING STREET
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1084 Sterkv Street
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tet 851-739-7988
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PROJECT NUMBER: 20408
DATE: MAY 20, 2004
DRAWN BY: K. FACTOR
CHECKED BY: R. ROSA
REVISIONS:
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fax. 651-739-3165
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DATE: MAY 20, 2004
DRAWN BY: J. ASHTON
CHECKED BY: R. ROSA
REVISIONS:
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tet 851-739-7988
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DATE: MAY 20. 2004
DRAWN BY: J. ASHTON
CHECKED BY: R. ROSA
REVISIONS:
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0 COPYRIGHT 1004 ROSA ARCHITECTURAL GROUP
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tet 851-739-7988
fax. 851-739-3185
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PROJECT NUMBER: 20408
DATE: MAY 20. 2004
DRAWN BY: J. ASHTON
CHECKED BY: R. ROSA
REVISIONS:
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CRYSTAL, MN
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NEW HOPE, MN 55428
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PROJECT NUMBER: 20408
DATE: MAY 20, 2004
DRAWN BY: K. FACTOR
CHECKED BY: R. ROSA
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NOTES
(�61I012�)
0
M E M O R A N D U M
DATE: June 10, 2004
TO: Plaam,fig Commission (June 14th meeting)
FROM: 4KJohn Sutter, Planner and Redevelopment Coordinator
SUBJECT: Public Hearing: Application 2004-04 for a Variance to increase the
maximum rear yard structure coverage at 5013 Welcome Avenue North
from 40% to 52%.
A. BACKGROUND
The subject property is a single family house on a 13,110 sq. ft. (0.3 acre) lot. The
maximum rear yard structure coverage allowed by the Zoning Ordinance is 40% (3,804
sq. ft.). The existing coverage is 66.3% (6,308 sq. ft.). The property has been in
violation since a very large concrete area was installed unlawfully in 2000. The property
owner is requesting a variance to allow 52% (4,945 sq. ft.) rear yard structure coverage,
and is proposing to remove concrete necessary to achieve this percentage.
Notice of Public Hearing was mailed to all property owners within 350 feet of the
property on June 3, 2004. At the June 14, 2004 meeting, the Planning Commission will
hold the public hearing and may make a recommendation for the City Council to
consider at its July 6, 2004 meeting.
The following Exhibits are attached:
A. Plat map showing the subject property.
B. Aerial photo showing the subject property.
C. Narrative submitted by property owner.
D. Coverage calculation sheet — existing conditions.
E. Coverage calculation sheet — proposed by applicant.
F. Coverage calculation sheet — recommended by staff.
G. Site sketch showing concrete to be removed and to remain — proposed by applicant.
H. Site sketch showing concrete to be removed and to remain — recommended by staff.
B. STAFF COMMENTS
Over a period of many years, the subject property has gradually been developed in
ways that are nonconforming in the R-1 district. The house itself was built as (and
remains to this day) a fairly typical single family house, not unusual or out of character
for the neighborhood. What makes the property unusual is the depth of the lot (219'
avg.) and the presence of two garages, one typically sized (440 sq. ft.) and the other
very large (1,033 sq. ft.). The smaller garage was built in 1959. The larger garage was
VARIANCE - 5013 WELCOME
PAGE 1 OF 4
built in 1982 and was accessed via the Fun Services property to the north (5617
Corvallis). In 1993 a permit was issued to move the smaller garage further back to
allow the larger garage to be accessed from Welcome. Based on the history of the
property, staff opinion is that the two garages are lawfully nonconforming.
In 2000, the previous homeowner installed a very large concrete area without permits or
inspections as required by city code. This area is far in excess of what is required for
access to the two garages, was not in compliance with city code at the time it was
installed, and is also not in compliance with city code today. The city had initiated
enforcement proceedings but the previous homeowner passed away in early 2002 while
the matter was working its way through the court system. Subsequently the house went
into foreclosure, was purchased by an investment company, and was then re -sold in
December 2003 to the current owner. Both the foreclosure company and the current
owner were made aware that the concrete was installed unlawfully and that there was
an unresolved enforcement action on the property. As a condition of the sale, the buyer
agreed to remove the unlawful concrete and bring the property into compliance. Also,
the seller has escrowed $3,000 to guarantee completion of the work.
While the history of this property is relatively complicated, the issues surrounding this
variance are fairly straightforward: Is a variance from the 40% maximum coverage
justified to the extent necessary to provide access to two lawfully nonconforming
garages? Staff opinion is yes, such a variance would be justified but only to the extent
necessary to provide access. The owner has requested 52% coverage but staff opinion
is that access can be achieved at 50% coverage (see Exhibits F and H). Staff also
believes that it doesn't make sense to allow a greater coverage percentage for this very
large rear yard when even the smallest rear yard gets no more than 50% coverage
under our ordinance.
Staff also has concerns about the amount of the rear yard being converted from
concrete to landscaping rock instead of turf. A property with this much garage space, a
large driveway and large areas of landscaping rock may be attractive to people wanting
to overload the rear yard with motor vehicles in violation of city code. It is important that
current and subsequent owners understand that parking of motor vehicles on the
landscaping rock is prohibited, no more than four motor vehicles may be parked outside
on a property in the R-1 district, and that this property is nothing more than a single
family house that happens to have an unusual amount of garage space.
C. RECOMMENDATION
1. Denial of the requested variance for 52% coverage. Staff recommends denial
of the requested variance to increase the maximum rear yard structure coverage
from 40% to 52%.
Suggested findings of fact are as follows: Failure to approve the requested
variance for 52% coverage would not constitute an undue hardship in this
particular case because only two of the three required criteria are met.
Specifically:
VARIANCE - 5013 WELCOME
PAGE 2OF4
■ The property in question can be put to a reasonable use if used as required
by this Zoning Code, or with a lesser variance than the one requested. City
staff has provided an example showing how the necessary access to both
garages can be accomplished with 50% coverage. Variances are not to be
granted beyond the minimum extent necessary for the owner to have
reasonable use of the property. In this case, reasonable use requires a
variance to allow sufficient coverage for access to both garages, but no more
than that.
The plight of the landowner is due to circumstances unique to the property, in
that access must be provided to two pre-existing garages, one of the garages
is unusually large, and their position at the rear of the lot requires a very long
d riveway.
The variance, if granted, will not alter the essential character of the locality.
While the share of the rear yard covered by structures is excessive when
compared to other homes in the area, it will not significantly impact the
neighborhood provided the property is used in a lawful manner.
2. Approval of a variance for 50% coverage. Staff recommends approval of a
variance to increase the maximum rear yard structure coverage from 40% to
50%, subject to the following conditions.
(a) Concrete removal shall be completed no later than July 31, 2004.
(b) Landscaping rock shall be installed and turf shall be established no later
than September 30, 2004.
(c) In accordance with city code, landscaping rock or turf shall not be used for
parking of any motor vehicles.
(d) In accordance with city code, no more than four motor vehicles may be
parked outside on the property.
(e) The presence of an unusually large amount of garage space and
pavement on the property does not change the fact that it is zoned R-1
and motor vehicle repair or other auto -related uses are prohibited on the
property.
Suggested findings of fact are as follows: Strict application of the 40% maximum
rear yard structure coverage in this particular case would constitute an undue
hardship because all three of required criteria would be met. Specifically:
■ The property in question cannot be put to a reasonable use if used as
required by this Zoning Code. In this case, reasonable use requires a
variance to allow sufficient coverage for access to both garages. City staff
has provided an example showing how the necessary access to both garages
VARIANCE - 5013 WELCOME
PAGE 3 OF 4
can be accomplished with 50% coverage. Variances are not to be granted
beyond the minimum extent necessary for the owner to have reasonable use
of the property.
The plight of the landowner is due to circumstances unique to the property, in
that access must be provided to two pre-existing garages, one of the garages
is unusually large, and their position at the rear of the lot requires a very long
driveway.
The variance, if granted, will not alter the essential character of the locality.
While the share of the rear yard covered by structures is excessive when
compared to other homes in the area, it will not significantly impact the
neighborhood provided the property is used in a lawful manner.
The City Council would consider the Planning Commission's recommendation at its
next meeting on July 6, 2004.
VARIANCE - 5013 WELCOME
PAGE 4 OF 4
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Address: 5013 Welcome Ave N
Calculation for Rear Yard Accessory STRUCTURES
Rear Lot Dimensions
Calculation of Total Structure Coverage after Project Completion
Length Width
Sq. Ft.
1 158.50 60.00
9510.00
Maximum Structure Coverage in Rear Yard
max. coverage Line 1
max, Sq. Ft.
2 40% 9510.00
3804.00
Existing Structures in Rear Yard
Remaining Structure Coverage Available
Length Width Total Sq. Ft.
3 22.00 20.00
440.00 garage #1
4 40.25 25.67
1033.22 garage #2
5 17.00 22.00
374.00 deck
6 60.00 36.00
2160.00 driveway
7 37.00 13.00
481.00 driveway
8 12.00 69.00
828.00 driveway
9 6.00 22.00
132.00 driveway
10 12.00 35.00
420.00 driveway
11 8.00 40.00
320.00 driveway
12 3.00 40.00
120.00 driveway
13 Existing ..............................
6308.22
Proposed Structures in Rear Yard
Length Width Total Sq. Ft.
14
0.00
15
0.00
16
0.00
17
0.00
18
0.00
19
0.00
20
0.00
21 Proposed ............................
0.00
Existing Structures to be Removed
1473.22
Length Width Total Sq. Ft.
22
0.00
?3
0.00
?4
0.00
?5
0.00
?6
0.00
?7
0.00
?8
0.00
to be Removed ....................
0.00
Calculation of Total Structure Coverage after Project Completion
Existing [+ Line 131 ................
6308.22
Proposed [+ Line 211 ..............
0.00
SUBTOTAL ..........................
6308.22
to be Removed [- Line 30].......
0.00
TOTAL ................................
6308.22 as a%: 66.3%
Remaining Structure Coverage Available
after Project Completion
+ Line 2 - Line 34
Remaining
3804.00 6308.22
(2504.22) as a%: -26.3%
Permit Number: n/a (for Variance application)
* EXISTING CONDITIONS *
Calculation for Rear Yard Accessory BUILDINGS
Rear Lot Dimensions
Length Width
Sq. Ft.
1
158.50 60.00
9510.00
Maximum Building Coverage in
Rear Yard
max. coverage Line 1
max. Sq. Ft.
2
20% 9510.00
1902.00
Existing Buildings In Rear Yard
Length Width
Total Sq. Ft.
3
22.00 20.00
440.00 garage #1
4
40.25 25.67
1033.22 garage #2
5
0.00
6
0.00
7
0.00
8
0.00
9
0.00
10
0.00
11
0.00
12
0.00
13
Existing ..............................
1473.22
Proposed Buildings in Rear Yard
Length Width
Total Sq. Ft.
14
0.00
15
0.00
16
0.00
17
0.00
18
0.00
19
0.00
20
0.00
21
Proposed ............................
0.00
Existing Buildings to be Removed
Length Width
Total Sq. Ft.
22
0.00
23
0.00
24
0.00
25
0.00
26
0.00
27
0.00
28
0.00
29
0.00
30
to be Removed ....................
0.00
Calculation of Total Building Coverage after Project Completion
30
Existing [+ Line 13] ................
1473.22
31
Proposed [+ Line 21 ]..............
0.00
32
SUBTOTAL ..........................
1473.22
33
to be Removed [- Line 30].......
0.00
34
TOTAL ................................
1473.22 as a%: 15.5%
Remaining Building Coverage Available after Project Completion
+ Line 2 - Line 34
Remaining
35
1902.00 1473.22
428.78 as a%: 4.5%
rearyardcoverageform-existingconditions.xls 05/26/2004
Address: 5013 Welcome Ave N Permit Number: n/a (for Variance application)
* PROPOSED BY APPLICANT *
Iation for Rear Yard Accessory STRUCTURES
Rear Lot Dimensions
Length Width Sq. Ft.
1 158.50 60.00 9510.00
Maximum Structure Coverage in Rear Yard
max. coverage Line 1 max. Sq. Ft.
2 40% 9510.00 3804.00
Existing Structures in Rear Yard
Length Width
Length Width
Total Sq. Ft.
3 22.00
20.00
440.00 garage #1
4 40.25
25.67
1033.22 garage #2
5 17.00
22.00
374.00 deck
6 60.00
36.00
2160.00 driveway
7 37.00
13.00
481.00 driveway
8 12.00
69.00
828.00 driveway
9 6.00
22.00
132.00 driveway
10 12.00
35.00
420.00 driveway
11 8.00
40.00
320.00 driveway
12 3.00
40.00
120.00 driveway
13 Existing ..............................
3804.00 4925.53
6308.22
Proposed Structures in Rear Yard
0.00
Length Width
Total Sq. Ft.
14 8.00
10.00
80.00 concrete apron behind garage #2
15 10.50
3.00
31.50 sidewalk - service door for garage #1
16 4.00
7.33
29.32 sidewalk - service door for garage #2
17
12
0.00
18
13
0.00
19
0.00
20
Length Width
0.00
21 Proposed ............................
140.82
Existing Structures to be Removed
Length Width
Total Sq. FL
14.00 10.00
140.00 driveway (A)
32.50 8.00
260.00 driveway (B)
40.25 3.50
140.88 driveway (C)
10.00 25.67
256.70 driveway (D)
46.00 7.33
337.18 driveway (E)
12.50 10.00
125.00 driveway (F)
2.50 7.50
18.75 driveway (G)
61.25 4.00
245.00 driveway (H)
to be Removed ....................
1523.51
Calculation of Total Structure Coverage after Project Completion
Existing [+ Line 13] ................
6308.22
Proposed [+ Line 211 ..............
140.82
SUBTOTAL ..........................
6449.04
to be Removed [- Line 30].......
(1523.51)
TOTAL ................................
4925.53 as a %: 51.8%
Remaining Structure Coverage Available after Project Completion
+ Line 2 - Line 34
Remaining
3804.00 4925.53
(1121.53) as a%: -11.8%
Calculation for Rear Yard Accessory BUILDINGS
Calculation of Total Building Coverage after Project Completion
30 Existing [+ Line 13] ................
Rear Lot Dimensions
31 Proposed [+ Line 211 ..............
0.00
Length Width
Sq. Ft.
1
158.50 60.00
9510.00
1473.22 as a%: 15.5%
Maximum Building Coverage in
Rear Yard
Remaining
max. coverage Line 1
max. Sq. Ft.
2
20% 9510.00
1902.00
Existing Buildings in Rear Yard
Length Width
Total Sq. Ft.
3
22.00 20.00
440.00 garage #1
4
40.25 25.67
1033.22 garage #2
5
0.00
6
0.00
7
0.00
8
0.00
9
0.00
10
0.00
11
0.00
12
0.00
13
Existing ..............................
1473.22
Proposed Buildings in Rear Yard
Length Width
Total Sq. Ft.
14
0.00
15
0.00
16
0.00
17
0.00
18
0.00
19
0.00
20
0.00
21
Proposed ............................
0.00
Existing Buildings to be Removed
Length Width
Total Sq. Ft.
22
0.00
23
0.00
24
0.00
25
0.00
26
0.00
27
0.00
28
0.00
29
0.00
30
to be Removed ....................
0.00
Calculation of Total Building Coverage after Project Completion
30 Existing [+ Line 13] ................
1473.22
31 Proposed [+ Line 211 ..............
0.00
32 SUBTOTAL ..........................
1473.22
33 to be Removed [- Line 30].......
0.00
34 TOTAL ................................
1473.22 as a%: 15.5%
Remaining Building Coverage Available after Project Completion
+ Line 2 - Line 34
Remaining
35 1902.00 1473.22
428.78 as a %: 4.5%
rearyardcoverageform-proposedbyapplicant.xls 05/26/2004
Address: 5013 Welcome Ave N Permit Number: n/a (for Variance application)
RECOMMENDED BY STAFF "
Calculation for Rear Yard Accessory STRUCTURES
Calculation for Rear Yard Accessory BUILDINGS
Rear Lot Dimensions
Rear Lot Dimensions
30
Length Width Sq. Ft.
Length Width
Sq. Ft.
1 158.50 60.00 9510.00
1
158.50 60.00
9510.00
Maximum Structure Coverage in Rear Yard
Maximum Building Coverage in
Rear Yard
max. coverage Line 1 max. Sq. Ft.
max. coverage Line 1
max. Sq. Ft.
2 40% 9510.00 3804.00
2
20% 9510.00
1902.00
Existing Structures In Rear Yard
Existing Buildings in Rear Yard
Length Width Total Sq. Ft.
Length Width
Total Sq. Ft.
3 22.00 20.00 440.00 garage #1
3
22.00 20.00
440.00 garage #1
4 40.25 25.67 1033.22 garage #2
4
40.25 25.67
1033.22 garage #2
5 17.00 22.00 374.00 deck
5
0.00
6 60.00 36.00 2160.00 driveway
6
0.00
7 37.00 13.00 481.00 driveway
7
0.00
8 12.00 69.00 828.00 driveway
8
0.00
9 6.00 22.00 132.00 driveway
9
0.00
10 12.00 35.00 420.00 driveway
10
0.00
11 8.00 40.00 320.00 driveway
11
0.00
12 3.00 40.00 120.00 driveway
12
0.00
13 Existing .............................. 6308.22
13
Existing ..............................
1473.22
Proposed Structures in Rear Yard
Proposed Buildings in Rear Yard
Length Width Total Sq Ft.
Length Width
Total Sq. Ft.
14 4 09 &0 _ - „ 3? -9, concrete apron behind garage #2 '
14
0.00
15 10.50 3.00 31.50 sidewalk - service door for garage #1
15
0.00
16 3.00 7.33 .`: 21 ',"sidewalk - service door for garage #2 '
16
0.00
17 0.00
17
0.00
18 0.00
18
0.00
19 0.00
19
0.00
20 0.00
20
0.00
21 Proposed ............................ 85.49
21
Proposed............................
0.00
Existing Structures to be Removed
Existing Buildings to be Removed
Length Width Total Sq. Ft.
Length Width
Total Sq. Ft.
22 14.00 10.00 140.00 driveway (A)
22
0.00
23 32.50 8.00 260.00 driveway (B)
23
0.00
24 40.25 3.50 140.88 driveway (C)
24
0.00
25 10.00 25.67 256.70 driveway (D)
25
0.00
26 46.00 7.33 337.18 driveway (E)
26
0.00
27 10.OU 1000 1p0.00`'driveway(F)'
27
0.00
?8 -� (gaff GYctg W15 radius} ^ `39.27_ driveway (G) '
28
0.00
29 = '? (irregular,; see drawing) 377.50; driveway (H) '
29
0.00
30 to be Removed .................... 1651.52
30
to be Removed....................
0.00
Calculation of Total Structure Coverage after Project Completion
Calculation of Total Building Coverage after Project Completion
Existing [+ Line 131 ................ 6308.22
30
Existing [+ Line 13]................ 1473.22
Proposed [+ Line 211 .............. 85.49
31
Proposed [+ Line 211.............. 0.00
SUBTOTAL .......................... 6393.71
32
SUBTOTAL.......................... 1473.22
to be Removed [- Line 30]....... (1651.52)
33
to be Removed [- Line 30]....... 0.00
TOTAL ................................ 4742.18 as a %: 49_9%
34
TOTAL................................ 1473.22 as a%: 15.5%
Remaining Structure Coverage Available after Project Completion
Remaining Building Coverage Available after Project Completion
+ Line 2 - Line 34 Remaining
+ Line 2 - Line 34 Remaining
3804.00 4742.18 (938.18) as a%: -9.9%
35
1902.00 1473.22 428.78 as a%: 4.5%
Note: Shading indicates items from the applicant's proposal that would be modified.
•
rearyardcoverageform-recommendedbystaff.xls 05/26/2004
BY
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M E M O R A N D U M
DATE: June 11, 2004
TO:Plan ing Commission (June 14th meeting)
FROM: X___- ohn Sutter, Planner and Redevelopment Coordinator
SUBJECT: Public Hearing: Application 2004-05 for a Zoning Ordinance text
amendment to revise Subsection 515.61 (Floodplain Overlay), including
adoption of new Flood Insurance Rate Maps.
A. BACKGROUND
The Federal Emergency Management Agency (FEMA) is the federal agency charged
with working to reduce flood hazards over time and overseeing the National Flood
Insurance Program (NFIP). Crystal has participated in NFIP since 1978, when the first
Flood Insurance Rate Map was issued for Crystal. The map, and its accompanying
Flood Insurance Study, typically identifies those properties subject to a 1 % chance of
flooding in any given year as being located in Zone A, which is commonly referred to as
the "100 year floodplain".
FEMA recently completed a re -study of flood hazards in the Bassett Creek watershed.
Approximately the southern third of Crystal was included in this re -study. The re -study
concluded with a revised Flood Insurance Study and Flood Insurance Rate Map. One
outcome is that the boundaries of Zone A have changed, adding 10 properties to Zone
A but removing 29 properties. In general, the area where properties are being added is
along Brunswick Avenue north of 32nd. The area where most properties are being
removed is along 35th Avenue and 34th Place east of Highway 100.
To continue participating in the NFIP, communities are required to periodically update
their floodplain management regulations, including the Flood Insurance Rate Map and
related studies developed by FEMA. Now that the Bassett Creek re -study has been
completed, FEMA has directed all cities wholly or partially within the Bassett Creek
watershed to adopt new floodplain management regulations, including the updated
Flood Insurance Study and Flood Insurance Rate Map.
Notice of Public Hearing was published on June 3, 2004 in the Sun Post. It was also
mailed to all property owners in Zone A, or within 200 feet of it, throughout the city.
Finally, separate letters were mailed specifically to those properties identified as being
moved into or out of Zone A. At the June 14, 2004 meeting, the Planning Commission
will hold the public hearing and may make a recommendation for the City Council to
consider at its July 6, 2004 meeting.
ZONING ORDINANCE AMENDMENT - NEW FLOODPLAIN MANAGEMENT REGULATIONS & MAP
PAGE 1 OF 2
The following Exhibits are attached:
A. Current Flood Insurance Rate Map of area where properties are being added to
Zone A.
B. Proposed Flood Insurance Rate Map of area where properties are being added to
Zone A.
C. Letter sent to owners of property being added to Zone A.
D. Letter sent to owners of property being removed from Zone A.
E. Ordinance text to replace the current Subsection 515.61, (Floodplain Overlay).
B. STAFF COMMENTS
As long as it wishes to continue participating in the National Flood Insurance Program,
the city has very little choice whether or not to adopt the proposed ordinance
amendment including, by reference, the Flood Insurance Study and Flood Insurance
Rate Map. The City Engineer has been involved in the re -study, and has reviewed and
approved the new map. If subsequent analysis of a particular property shows the map
to be in error, FEMA procedures allow for corrections by requesting a Letter of Map
Amendment.
C. RECOMMENDATION
Staff recommends that the Planning Commission recommend approval of the proposed
new text to replace Subsection 515.61, including the Flood Insurance Study and Flood
Insurance Rate Map by reference. The Planning Commission's recommendation will be
forwarded to the City Council.
The adoption process would proceed as follows:
First Reading: July 6, 2004
Second Reading & Adoption: July 20, 2004
Publication: July 29, 2004
Effective Date: August 28, 2004
FEMA deadline: September 2, 2004
ZONING ORDINANCE AMENDMENT - NEW FLOODPLAIN MANAGEMENT REGULATIONS & MAP
PAGE 2OF2
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3 331 331 331 331 331
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259 324 324 324 324 324
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323 324 324 32 42 324 3234 323 323 324
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City of Crystal
4141 Douglas Dr N
Crystal MN 55422
voice: 763-531-1000 facsimile: 763-531-1188
internet: www.ci.crystal.mn.us
To: Owners of properties currently not in Flood Zone "A" that would be added to
Flood Zone "A" upon adoption of new Flood Insurance Rate Maps
Date: June 3, 2004
Subject: Proposed Zoning Ordinance amendment to adopt new floodplain management
regulations including a new Flood Insurance Rate Map
As you may know, state and federal regulations require the city to periodically update its
floodplain management regulations, including adoption of new Flood Insurance Rate Maps
upon completion of new maps by the Federal Emergency Management Agency ("FEMA").
Among other things, the maps identify those areas that are subject to a 1 % chance of flooding
in any given year (commonly called the "100 year flood"). Such areas are typically designated
as Zone "A" on these maps.
FEMA recently completed a re -study of flood hazards in the Bassett Creek watershed. One
outcome of this study has been development of a new Flood Insurance Rate Map for areas
along Bassett Creek. While the boundaries of Zone "A" did not change significantly in most
parts of Crystal, there are some properties that have either been moved into or out of Zone "A"
by the new maps. The Crystal Planning Commission will hold a public hearing on the
proposed new map and revised floodplain management regulations at 7:00 p.m. on Monday,
June 14, 2004. The hearing will be in the Council Chambers at Crystal City Hall. Notice of the
public hearing was published in today's Sun Post and is also being sent to you in a separate
mailing.
Your property is one of those that formerly was not in Zone "A", but would be in Zone "A" upon
adoption of the new Flood Insurance Rate Map. The purpose of this letter is to inform you of
the proposed change, and make you aware of the upcoming public hearing on the matter. A
copy of the proposed map and revised floodplain management regulations can be reviewed at
Crystal City Hall during normal business hours.
Questions regarding the process for adopting the new map and regulations should be directed
to John Sutter, Planner and Redevelopment Coordinator, at 763-531-1142. Questions about
the process used by FEMA to determine the new boundaries of Zone "A" should directed to
Tom Mathisen, City Engineer, at 763-531-1160.
L4F7Te9z SeuT TC)
PSA OPS663 C -s
n$EW
'Y -
Y � i O G.�/KL&-Ar
Cl
Im
City of Crystal
4141 Douglas Dr N
Crystal MN 55422
voice: 763-531-1000 facsimile: 763-531-1188
internet: www.ci.crystal.mn.us
To: Owners of properties currently in Flood Zone "A" that would be removed from
Flood Zone "A" upon adoption of new Flood Insurance Rate Maps
Date: June 3, 2004
Subject: Proposed Zoning Ordinance amendment to adopt new floodplain management
regulations including a new Flood Insurance Rate Map
As you may know, state and federal regulations require the city to periodically update its
floodplain management regulations, including adoption of new Flood Insurance Rate Maps
upon completion of new maps by the Federal Emergency Management Agency ("FEMA").
Among other things, the maps identify those areas that are subject to a 1 % chance of flooding
in any given year (commonly called the "100 year flood"). Such areas are typically designated
as Zone "A" on these maps.
FEMA recently completed a re -study of flood hazards in the Bassett Creek watershed. One
outcome of this study has been development of a new Flood Insurance Rate Map for areas
along Bassett Creek. While the boundaries of Zone "A" did not change significantly in most
parts of Crystal, there are some properties that have either been moved into or out of Zone "A
by the new maps. The Crystal Planning Commission will hold a public hearing on the
proposed new map and revised floodplain management regulations at 7:00 p.m. on Monday,
June 14, 2004. The hearing will be in the Council Chambers at -Crystal City Hall. Notice of the
public hearing was published in today's Sun Post and is also being sent to you in a separate
mailing.
Your pror)ertv is one of those that formerly was in Zone "A" but would not be in Zone "A" upon
adoption of the new Flood Insurance Rate Map. The purpose of this letter is to inform you of
the proposed change, and make you aware of the upcoming public hearing on the matter. A
copy of the proposed map and revised floodplain management regulations can be reviewed at
Crystal City Hall during normal business hours.
Questions regarding the process for adopting the new map and regulations should be directed
to John Sutter, Planner and Redevelopment Coordinator, at 763-531-1142. Questions about
the process used by FEMA to determine the new boundaries of Zone "A" should directed to
Tom Mathisen, City Engineer, at 763-531-1160.
P2.O PAZ -Tl E51 8EI N G
from ?_off A
Sample MN Floodplain Management Ordinance
Three Districts - One -Map Format
January 1, 2004
TABLE OF CONTENTS
SECTION 1.0
STATUTORY AUTHORIZATION, FINDINGS OF
FACT AND PURPOSE
1.1
Statutory Authorization
1.2
Findings of Fact
1.3
Statement of Purpose
SECTION 2.0
GENERAL PROVISIONS
2.1
Lands to Which Ordinance Applies
2.2
Establishment of Official Zoning Map
2.3
Regulatory Flood Protection Elevation
2.4
Interpretation
2.5-
Abrogation and Greater Restrictions
.-. 2.6
Warning and Disclaimer of Liability
2.7
Severability
2.8
Definitions
SECTION 3.0
ESTABLISHMENT OF ZONING DISTRICTS
3.1
Districts
3.2
Compliance
SECTION 4.0
FLOODWAY DISTRICT (FW)
4.1
Permitted Uses
4.2
Standards for Floodway Permitted Uses
4.3
Conditional Uses
4.4
Standards for Floodway Conditional Uses
SECTION 5.0
FLOOD FRINGE DISTRICT (FF)
5.1
Permitted Uses
5.2
Standards for Flood Fringe Permitted Uses
5.3
Conditional Uses
5.4
Standards for Flood Fringe Conditional Uses
5.5
Standards for All Flood Fringe Uses
3 District -1 Map; 11112004 revision
PAGE
I
1
1
1
1
1
1
2
2
2
2
2
2
5
5
5
5
5
6
6
6
8
8
8
9
9
10
- i - -��-- T ►2�P�_
SECTION 6.0
GENERAL FLOOD PLAIN DISTRICT
6.1
Permissible Uses
6.2
Procedures for Floodway and Flood Fringe Determinations
SECTION 7.0
SUBDIVISIONS
7.1
Land Suitability Review Criteria
7.2
Requirements for Floodway/Flood Fringe Determinations
7.3
Removal of Special Flood Hazard Area Designation
SECTION 8.0
UTILITIES, RAILROADS, ROADS, AND BRIDGES
8.1
Public Utilities
8.2
Public Transportation Facilities
8.3
On-site Sewage Treatment and Water Supply Systems
SECTION 9.0
MANUFACTURED HOMES/TRAVEL TRAILERS AND
TRAVEL VEHICLES
9.1
New Manufactured Home Parks
9.2
Replacement Manufactured Homes -Existing Parks
9.3
Recreational Vehicles
SECTION 10.0 ADMINISTRATION
10.1
Zoning Administrator
10.2
Permits, Certification Requirements and Record Keeping
10.3
Appeals and Variances/Duties of the Board of Adjustment
10.4
Conditional Uses -Standards and Evaluation Procedures
SECTION 11.0 NONCONFORMING USES
SECTION 12.0 PENALTIES FOR VIOLATION
SECTION 13.0 AMENDMENTS
10*11.1
3 District -1 Map; 1/1/2004 revision
-11-
11
11
11
12
12
12
12
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SAMPLE FLOOD PLAIN MANAGEMENT ORDINANCE
THREE DISTRICT - ONE -MAP FORMAT'
'A Flood Insurance Rate Map has been published for the community and the Regulatory Floodway boundary is
shown on this map. A separate Flood Boundary and Floodway Map has not been published.
SECTION 1.0 STATUTORY AUTHORIZATION, FINDINGS OF FACT AND PURPOSE
1.1 Statutory Authorization: The legislature of the State of Minnesota has, in Minnesota Statutes Chapter
103F and (Zoning Enabling Statute) delegated the responsibility to local government units to adopt
regulations designed to minimize flood losses. Therefore, the (governing body) of (local unit) ,
Minnesota does ordain as follows:
1.2 Findings of Fact:
1.21 The flood hazard areas of (local unit) Minnesota, are subject to periodic inundation which
results in potential loss of life, loss of property, health and safety hazards, disruption of commerce
and governmental services, extraordinary public expenditures or flood protection and relief, and
impairment of the tax base, all of which adversely affect the public health, safety, and general
welfare.
1.22 Methods Used to Analyze Flood Hazards. This Ordinance is based upon a reasonable method of
analyzing flood hazards which is consistent with the standards established by the Minnesota
Department of Natural Resources.
1.23 National Flood Insurance Program Compliance. This Ordinance is adopted to comply with the
rules and regulations of the National Flood Insurance Program codified as 44 Code of Federal
Regulations Parts 59 -78, as amended, so as to maintain the community's eligibility in the
National Flood Insurance Program.
1.3 Statement of Purpose: It is the purpose of this Ordinance to promote the public health, safety, and
general welfare and to minimize those losses described in Section 1.21 by provisions contained herein.
SECTION 2.0 GENERAL PROVISIONS
2.1 Lands to Which Ordinance Applies: This Ordinance shall apply to all lands within the jurisdiction of
(local unit) shown on the Official Zoning Map and/or the attachments thereto as being located
within the boundaries of the Floodway, Flood Fringe, or General Flood Plain Districts.
2.2 Establishment of Official Zoning Map. The Official Zoning Map together with all materials attached
thereto is hereby adopted by reference and declared to be a part of this ordinance. The attached material
shall include the Flood Insurance Study, Volume I of 2 and Volume 2 of 2, Hennepin County, Minnesota,
All Jurisdictions and the Flood Insurance Rate Map panels numbered 27053CO192 E, 27053CO194 E,
27053CO203 E, 27053CO204 E, 27053CO211 E, 27053CO212 E, 27053CO213 E, and 27053CO214 E for the
(local unit) dated September 2, 2004, as developed by the Federal Emergency Management
Agency. The Official Zoning Map shall be on file in the office of ( title of local official).
(Note: If a community has annexed an area that is not shown on the flood insurance rate map adopted in
Section 2.2 above, the community is advised to determine if the Federal Emergency Management Agency
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has published a flood insurance rate map for the adjoining city or the unincorporated areas of the county. If
the Federal Emergency Management Agency has designated floodplain areas for the annexed area on an
adjoining community's flood insurance rate map, then the respective adjoining community's flood insurance
rate map panels (and flood insurance study text, if available) must also be adopted by reference in Section
2.2.
If a community is anticipating future annexations of floodplain areas, the community is similarly advised to
adopt the flood insurance rate map panels for the adjoining community(ies) along with a statement that these
maps, in concert with the regulatory language in this Ordinance, will be used for floodplain management in
the annexed area.)
2.3 Regulatory Flood Protection Elevation: The regulatory flood protection elevation shall be an elevation
no lower than one foot above the elevation of the regional flood plus any increases in flood elevation caused
by encroachments on the flood plain that result from designation of a floodway.
2.4 Interpretation:
2.41 In their interpretation and application, the provisions of this Ordinance shall be held to be minimum
requirements and shall be liberally construed in favor of the Governing Body and shall not be
deemed a limitation or repeal of any other powers granted by state statutes.
2.42 The boundaries of the zoning districts shall be determined by scaling distances on the Official
Zoning Map. Where interpretation is needed as to the exact location of the boundaries of the
district as shown on the Official Zoning Map, as for example where there appears to be a conflict
between a mapped boundary and actual field conditions and there is a formal appeal of the decision
of the Zoning Administrator, the Board of Adjustment shall make the necessary interpretation. All
decisions will be based on elevations on the regional (100 -year) flood profile, the ground elevations
that existed on the site at the time the Community adopted its initial floodplain ordinance, and other
available technical data. Persons contesting the location of the district boundaries shall be given a
reasonable opportunity to present their case to the Board of Adjustment and to submit technical
evidence.
2.5 Abrogation and Greater Restrictions: It is not intended by this Ordinance to repeal, abrogate, or impair
any existing easements, covenants, or deed restrictions. However, where this Ordinance imposes greater
restrictions, the provisions of this Ordinance shall prevail. All other ordinances inconsistent with this
Ordinance are hereby repealed to the extent of the inconsistency only. _
2.6 Warning and Disclaimer of Liability: This Ordinance does not imply that areas outside the flood plain
districts or land uses permitted within such districts will be free from flooding or flood damages. This
Ordinance shall not create liability on the part of (name of local unit) or any officer or employee thereof
for any flood damages that result from reliance on this Ordinance or any administrative decision lawfully
made thereunder.
2.7 Severability: If any section, clause, provision, or portion of this Ordinance is adjudged unconstitutional
or invalid by a court of competent jurisdiction, the remainder of this Ordinance shall not be affected thereby.
2.8 Definitions: Unless specifically defined below, words or phrases used in this Ordinance shall be
interpreted so as to give them the same meaning as they have in common usage and so as to give this
Ordinance its most reasonable application.
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2.811 Accessory Use or Structure - a use or structure on the same lot with, and of a nature customarily
incidental and subordinate to, the principal use or structure.
2.812 Basement - means any area of a structure, including crawl spaces, having its floor or base subgrade
(below ground level) on all four sides, regardless of the depth of excavation below ground level.
2.813 Conditional Use - means a specific type of structure or land use listed in the official control that
may be allowed but only after an in-depth review procedure and with appropriate conditions or
restrictions as provided in the official zoning controls or building codes and upon a finding that:
(a) Certain conditions as detailed in the zoning ordinance exist.
(b) The structure and/or land use conform to the comprehensive land use plan if one exists and are
compatible with the existing neighborhood.
2.814 Equal Degree of Encroachment - a method of determining the location of floodway boundaries so
that flood plain lands on both sides of a stream are capable of conveying a proportionate share of
flood flows.
2.815 Flood - a temporary increase in the flow or stage of a stream or in the stage of a wetland or lake
that results in the inundation of normally dry areas.
2.816 Flood Frequency - the frequency for which it is expected that a specific flood stage or discharge
may be equaled or exceeded.
2.817 Flood Fringe - that portion of the flood plain outside of the floodway. Flood fringe is synonymous
with the term "floodway fringe" used in the Flood Insurance Study.
2.818 Flood Plain - the beds proper and the areas adjoining a wetland, lake or watercourse which have
been or hereafter may be covered by the regional flood.
2.819 Flood Proofing - a combination of structural provisions, changes, or adjustments to properties and
structures subject to flooding, primarily for the reduction or elimination of flood damages.
2.820 Floodway - the bed of a wetland or lake and the channel of a watercourse and those portions of the
adjoining flood plain which are reasonably required to carry or store the regional flood discharge.
2.821 Lowest Floor - the lowest floor of the lowest enclosed area (including basement). An unfinished
or flood resistant enclosure, used solely for parking of vehicles, building access, or storage in an
area other than a basement area, is not considered a building's lowest floor.
2.822 Manufactured Home - a structure, transportable in one or more sections, which is built on a
permanent chassis and is designed for use with or without a permanent foundation when attached
to the required utilities. The term "manufactured home" does not include the term "recreational
vehicle."
2.823 Obstruction - any dam, wall, wharf, embankment, levee, dike, pile, abutment, projection,
excavation, channel modification, culvert, building, wire, fence, stockpile, refuse, fill, structure, or
matter in, along, across, or projecting into any channel, watercourse, or regulatory flood plain
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,*O*N which may impede, retard, or change the direction of the flow of water, either in itself or by
catching or collecting debris carried by such water.
2.824 Principal Use or Structure - means all uses or structures that are not accessory uses or structures.
2.825 Reach - a hydraulic engineering tern to describe a longitudinal segment of a stream or river
influenced by a natural or man-made obstruction. In an urban area, the segment of a stream or
river between two consecutive bridge crossings would most typically constitute a reach.
2.826 Recreational Vehicle - a vehicle that is built on a single chassis, is 400 square feet or less when
measured at the largest horizontal projection, is designed to be self-propelled or permanently
towable by a light duty truck, and is designed primarily not for use as a permanent dwelling but as
temporary living quarters for recreational, camping, travel, or seasonal use. For the purposes of
this Ordinance, the term recreational vehicle shall be synonymous with the term travel
trailer/travel vehicle.
2.827 Regional Flood - a flood which is representative of large floods known to have occurred generally
in Minnesota and reasonably characteristic of what can be expected to occur on an average
frequency in the magnitude of the 100 -year recurrence interval. Regional flood is synonymous
with the term "base flood" used in a flood insurance study.
2.828 Regulatory Flood Protection Elevation - The regulatory flood protection elevation shall be an
elevation no lower than one foot above the elevation of the regional flood plus any increases in
flood elevation caused by encroachments on the flood plain that result from designation of a
floodway.
2.829 Structure - anything constructed or erected on the ground or attached to the ground or on-site
utilities, including, but not limited to, buildings, factories, sheds, detached garages, cabins,
manufactured homes, recreational vehicles not meeting the exemption criteria specified in Section
9.31 of this Ordinance and other similar items.
2.830 Substantial Damage - means damage of any origin sustained by a structure where the cost of
restoring the structure to its before damaged condition would equal or exceed 50 percent of the
market value of the structure before the damage occurred.
2.831 Substantial Improvement - within any consecutive 365 -day period, any reconstruction,
rehabilitation (including normal maintenance and repair), repair after damage, addition, or other
improvement of a structure, the cost of which equals or exceeds 50 percent of the market value of
the structure before the "start of construction" of the improvement. This term includes structures
that have incurred "substantial damage," regardless of the actual repair work performed. The term
does not, however, include either:
(a) Any project for improvement of a structure to correct existing violations of state or local
health, sanitary, or safety code` specifications which have been identified by the local code
enforcement official and which are the minimum necessary to assure safe living conditions.
(b) Any alteration of an "historic structure," provided that the alteration will not preclude the
structure's continued designation as an "historic structure." For the purpose of this Ordinance,
"historic structure" shall be as defined in Code of Federal Regulations, Part 59.1.
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2.832 Variance - means a modification of a specific permitted development standard required in an
official control including this Ordinance to allow an alternative development standard not stated as
acceptable in the official control, but only as applied to a particular property for the purpose of
alleviating a hardship, practical difficulty or unique circumstance as defined and elaborated upon
in a community's respective planning and zoning enabling legislation.
SECTION 3.0 ESTABLISHMENT OF ZONING DISTRICTS
3.1 Districts:
3.11 Floodway District. The Floodway District shall include those areas designated as floodway on the
Flood Insurance Rate Map adopted in Section 2.2. ,
3.12 Flood Fringe District. The Flood Fringe District shall include those areas designated as floodway
fringe. The Flood Fringe District shall include those areas shown on the Flood Insurance Rate
Map as adopted in Section 2.2 as being within Zone AE, Zone A0, or Zone AH but being located
outside of the floodway.
3.13 General Flood Plain District. The General Flood Plain District shall include those areas
designated as Zone A or Zones AE, Zone A0, or Zone AH without a floodway on the Flood
Insurance Rate Map adopted in Section 2.2.
3.2 Compliance: No new structure or land shall hereafter be used and no structure shall be constructed,
located, extended, converted, or structurally altered without full compliance with the terms of this Ordinance
and other applicable regulations which apply to uses within the jurisdiction of this Ordinance. Within the
Floodway, Flood Fringe and General Flood Plain Districts, all uses not listed as permitted uses or conditional
uses in Sections 4.0, 5.0 and 6.0 that follow, respectively, shall be prohibited. In addition, a caution is
provided here that:
3.21 New manufactured homes, replacement manufactured homes and certain travel trailers and travel
vehicles are subject to the general provisions of this Ordinance and specifically Section 9.0.
3.22 Modifications, additions, structural alterations, normal maintenance and repair, or repair after
damage to existing nonconforming structures and nonconforming uses of structures or land are
regulated by the general provisions of this Ordinance and specifically Section 11.0.
3.23 As -built elevations for elevated or flood proofed structures must be certified by ground surveys
and flood proofing techniques must be designed and certified by a registered professional engineer
or architect as specified in the general provisions of this Ordinance and specifically as stated in
Section 10.0 of this Ordinance.
SECTION 4.0 FLOODWAY DISTRICT (FW)
4.1 Permitted Uses:
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4.11 General farming, pasture, grazing, outdoor plant nurseries, horticulture, truck farming, forestry,
sod farming, and wild crop harvesting.
4.12 Industrial -commercial loading areas, parking areas, and airport landing strips.
4.13 Private and public golf courses, tennis courts, driving ranges, archery ranges, picnic grounds, boat
launching ramps, swimming areas, parks, wildlife and nature preserves, game farms, fish
hatcheries, shooting preserves, target ranges, trap and skeet ranges, hunting and fishing areas, and
single or multiple purpose recreational trails.
4.14 Residential lawns, gardens, parking areas, and play areas.
4.2 Standards for Floodway Permitted Uses:
4.21 The use shall have a low flood damage potential.
4.22 The use shall be permissible in the underlying zoning district if one exists.
4.23 The use shall not obstruct flood flows or increase flood elevations and shall not involve structures,
fill, obstructions, excavations or storage of materials or equipment.
4.3 Conditional Uses:
4.31 Structures accessory to the uses listed in 4.1 above and the uses listed in 4.32 - 4.38 below.
4.32 Extraction and storage of sand, gravel, and other materials.
4.33 Marinas, boat rentals, docks, piers, wharves, and water control structures.
4.34 Railroads, streets, bridges, utility transmission lines, and pipelines.
4.35 Storage yards for equipment, machinery, or materials.
4.36 Placement of fill or construction of fences.
4.37 Recreational vehicles either on individual lots of record or in existing or new subdivisions or
commercial or condominium type campgrounds, subject to the exemptions and provisions of
Section 9.3 of this Ordinance.
4.38 Structural works for flood control such as levees, dikes and floodwalls constructed to any height
where the intent is to protect individual structures and levees or dikes where the intent is to protect
agricultural crops for a frequency flood event equal to or less than the 10 -year frequency flood
event.
4.4 Standards for Floodway Conditional Uses:
4.41 All Uses. No structure (temporary or permanent), fill (including fill for roads and levees), deposit,
obstruction, storage of materials or equipment, or other uses maybe allowed as a conditional use
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that will cause any increase in the stage of the 100 -year or regional flood or cause an increase in
flood damages in the reach or reaches affected.
4.42 All floodway conditional uses shall be subject to the procedures and standards contained in
Section 10.4 of this Ordinance.
4.43 The conditional use shall be permissible in the underlying zoning district if one exists.
4.44 Fill:
(a) Fill, dredge spoil, and all other similar materials deposited or stored in the flood plain shall be
protected from erosion by vegetative cover, mulching, riprap or other acceptable method.
(b) Dredge spoil sites and sand and gravel operations shall not be allowed in the floodway unless
a long-term site development plan is submitted which includes an erosion/sedimentation
prevention element to the plan.
(c) As an alternative, and consistent with Subsection (b) immediately above, dredge spoil disposal
and sand and gravel operations may allow temporary, on-site storage of fill or other materials
which would have caused an increase to the stage of the 100 -year or regional flood but only
after the Governing Body has received an appropriate plan which assures the removal of the
materials from the floodway based upon the flood warning time available. The conditional
use permit must be title registered with the property in the Office of the County Recorder.
4.45 Accessory Structures:
(a) Accessory structures shall not be designed for human habitation.
(b) Accessory structures, if permitted, shall be constructed and placed on the building site so as to
offer the minimum obstruction to the flow of flood waters:
(1) Whenever possible, structures shall be constructed with the longitudinal axis parallel to
the direction of flood flow; and
(2) So far as practicable, structures shall be placed approximately on the same flood flow
lines as those of adjoining structures.
(c) Accessory structures shall be elevated on fill or structurally dry flood proofed in accordance
with the FP -1 or FP -2 flood proofing classifications in the State Building Code. As an
alternative, an accessory structure may be flood proofed to the FP -3 or FP -4 flood proofing
classification in the State Building Code provided the accessory structure constitutes a
minimal investment, does not exceed 500 square feet in size at its largest projection, and for a
detached garage, the detached garage must be used solely for parking of vehicles and limited
storage. All flood proofed accessory structures must meett the following additional standards:
(1) The structure must be adequately anchored to prevent flotation, collapse or lateral
movement of the structure and shall be designed to equalize hydrostatic flood forces on
exterior walls;
(2) Any mechanical and utility equipment in a structure must be elevated to or above the
regulatory flood protection elevation or properly flood proofed; and
(3) To allow for the equalization of hydrostatic pressure, there must he a minimum of two
"automatic" openings in the outside walls of the structure having a total net area of not
less than one square inch for every square foot of enclosed area subject to flooding. There
must be openings on at least two sides of the structure and the bottom of all openings
must be no higher than one foot above the lowest adjacent grade to the structure. Using
human intervention to open a garage door prior to flooding will not satisfy this
requirement for automatic openings.
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4.46 Storage of Materials and Equipment:
(a) The storage or processing of materials that are, in time of flooding, flammable, explosive, or
potentially injurious to human, animal, or plant life is prohibited.
(b) Storage of other materials or equipment may be allowed if readily removable from the area
within the time available after a flood warning and in accordance with a plan approved by the
Governing Body.
4.47 Structural works for flood control that will change the course, current or cross section of protected
wetlands or public waters shall be subject to the provisions of Minnesota Statute, Chapter 103G.
Community -wide structural works for flood control intended to remove areas from the regulatory
flood plain shall not be allowed in the floodway.
4.48 A levee, dike or floodwall constructed in the floodway shall not cause an increase to the 100 -year
or regional flood and the technical analysis must assume equal conveyance or storage loss on both
sides of a stream.
SECTION 5.0 FLOOD FRINGE DISTRICT (FF)
5.1 Permitted Uses: Permitted uses shall be those uses of land or structures listed as permitted uses in the
underlying zoning use district(s). If no pre-existing, underlying zoning use districts exist, then any
residential or non residential structure or use of a structure or land shall be a permitted use in the Flood
Fringe District provided such use does not constitute a public nuisance. All permitted uses shall comply with
the standards for Flood Fringe District "Permitted Uses" listed in Section 5.2 and the "Standards for all Flood
Fringe Uses" listed in Section 5.5.
5.2 Standards for Flood Fringe Permitted Uses:
5.21 All structures, including accessory structures, must be elevated on fill so that the lowest floor
including basement floor is at or above the regulatory flood protection elevation. The finished fill
elevation for structures shall be no lower than one (1) foot below the regulatory flood protection
elevation and the fill shall extend at such elevation at least fifteen -(15) feet beyond the outside
limits of the structure erected thereon.
5.22 As an alternative to elevation on fill, accessory structures that constitute a minimal investment and
that do not exceed 500 square feet at its largest projection may be internally flood proofed in
accordance with Section 4.45 (c).
5.23 The cumulative placement of fill where at any one time in excess of one -thousand (1,000) cubic
yards of fill is located on the parcel shall be allowable only as a conditional use, unless said fill is
specifically intended to elevate a structure in accordance with Section 5.21 of this ordinance.
5.24 The storage of any materials or equipment shall be elevated on fill to the regulatory flood
protection elevation.
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5.25 The provisions of Section 5.5 of this Ordinance shall apply.
5.3 Conditional Uses: Any structure that is not elevated on fill or flood proofed in accordance with Section
5.21 - 5.22 and or ally use of land that does not comply with the standards in Section 5.23 - 5.24 shall only be
allowable as a conditional use. An application for a conditional use shall be subject to the standards and
criteria and evaluation procedures specified in Sections 5.4-5.5 and 10.4 of this Ordinance.
5.4 Standards for Flood Fringe Conditional Uses:
5.41 Alternative elevation methods other than the use of fill may be utilized to elevate a structure's
lowest floor above the regulatory flood protection elevation. These alternative methods may
include the use of stilts, pilings, parallel walls, etc., or above -grade, enclosed areas such as crawl
spaces or tuck under garages. The base or floor of an enclosed area shall be considered above -
grade and not a structure's basement or lowest floor if. 1) the enclosed area is above -grade on at
least one side of the structure; 2) it is designed to internally flood and is constructed with flood
resistant materials; and 3) it is used solely for parking of vehicles, building access or storage. The
above -noted alternative elevation methods are subject to the following additional standards:
(a) Design and Certification - The structure's design and as -built condition must be certified by a
registered professional engineer or architect as being in compliance with the general design
standards of the State Building Code and, specifically, that all electrical, heating, ventilation,
plumbing and air conditioning equipment and other service facilities must be at or above the
regulatory flood protection elevation or be designed to prevent flood water from entering or
accumulating within these components during times of flooding.
(b) Specific Standards for Above -grade, Enclosed Areas - Above -grade, fully enclosed areas such
as crawl spaces or tuck under garages must be designed to internally flood and the design
plans must stipulate:
(1) A minimum area of openings in the walls where internal flooding is to be used as a flood
proofing technique. There shall be a minimum of two openings on at least two sides of
the structure and the bottom of all openings shall be no higher than one -foot above grade.
The automatic openings shall have a minimum net area of not less than one square inch
for every square foot subject to flooding unless a registered professional engineer or
architect certifies that a smaller net area would suffice. The automatic openings may be
equipped with screens, louvers, valves, or other coverings or devices provided that they
permit the automatic entry and exit of flood waters without any form of human
intervention; and
(2) That the enclosed area will be designed of flood resistant materials in accordance with the
FP -3 or FP -4 classifications in the State Building Code and shall be used solely for
building access, parking of vehicles or storage.
5.42 Basements, as defined by Section 2.812 of this Ordinance, shall be subject to the following:
(a) Residential basement construction shall not be allowed below the regulatory flood protection
elevation.
(b) Non-residential basements may be allowed below the regulatory flood protection elevation
provided the basement is structurally dry flood proofed in accordance with Section 5.43 of
this Ordinance.
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5.43 All areas of non residential structures including basements to be placed below the regulatory flood
protection elevation shall be flood proofed in accordance with the structurally dry flood proofing
classifications in the State Building Code. Structurally dry flood proofing must meet the FP -1 or
FP -2 flood proofing classification in the State Building Code and this shall require making the
structure watertight with the walls substantially impermeable to the passage of water and with
structural components having the capability of resisting hydrostatic and hydrodynamic loads and
the effects of buoyancy. Structures flood proofed to the FP -3 or FP -4 classification shall not be
permitted.
5.44 When at any one time more than 1,000 cubic yards of fill or other similar material is located on a
parcel for such activities as on-site storage, landscaping, sand and gravel operations, landfills,
roads, dredge spoil disposal or construction of flood control works, an erosion/sedimentation
control plan must be submitted unless the community is enforcing a state approved shoreland
management ordinance. In the absence of a state approved shoreland ordinance, the plan must
clearly specify methods to be used to stabilize the fill on site for a flood event at a minimum of the
100 -year or regional flood event. The plan must be prepared and certified by a registered
professional engineer or other qualified individual acceptable to the Governing Body. The plan
may incorporate alternative procedures for removal of the material from the flood plain if adequate
flood warning time exists.
5.45 Storage of Materials and Equipment:
(a) The storage or processing of materials that are, in time of flooding, flammable, explosive, or
potentially injurious to human, animal, or plant life is prohibited.
(b) Storage of other materials or equipment may be allowed if readily removable from the area
within the time available after a flood warning and in accordance with a plan approved by the
Governing Body.
5.46 The provisions of Section 5.5 of this Ordinance shall also apply.
5.5 Standards for All Flood Fringe Uses:
5.51 All new principal structures must have vehicular access at or above an elevation not more than two
(2) feet below the regulatory flood protection elevation. If a variance to this requirement is
granted, the Board of Adjustment must specify limitations on the period of use or occupancy of
the structure for times of flooding and only after determining that adequate flood warning time and
local flood emergency response procedures exist. _
5.52 Commercial Uses - accessory land uses, such as yards, railroad tracks, and parking lots may be at
elevations lower than the regulatory flood protection elevation. However, a pen -nit for such
facilities to be used by the employees or the general public shall not be granted in the absence of a
flood warning system that provides adequate time for evacuation if the area would be inundated to
a depth and velocity such that when multiplying the depth (in feet) times velocity (in feet per
second) the product number exceeds four (4) upon occurrence of the regional flood.
5.53 Manufacturing and Industrial Uses - measures shall be taken to minimize interference with normal
plant operations especially along streams having protracted flood durations. Certain accessory
land uses such as yards and parking lots may be at lower elevations subject to requirements set out
in Section 5.52 above. In considering permit applications, due consideration shall be given to
needs of an industry whose business requires that it be located in flood plain areas.
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5.54 Fill shall be properly compacted and the slopes shall be properly protected by the use of riprap,
vegetative cover or other acceptable method. The Federal Emergency Management Agency
(FEMA) has established criteria for removing the special flood hazard area designation for certain
structures properly elevated on fill above the 100 -year flood elevation - FEMA's requirements
incorporate specific fill compaction and side slope protection standards for multi -structure or
multi -lot developments. These standards should be investigated prior to the initiation of site
preparation if a change of special flood hazard area designation will be requested.
5.55 Flood plain developments shall not adversely affect the hydraulic capacity of the channel and
adjoining flood plain of any tributary watercourse or drainage system where a floodway or other
encroachment limit has not been specified on the Official Zoning Map.
5.56 Standards for recreational vehicles are contained in Section 9.3.
5.57 All manufactured homes must be securely anchored to an adequately anchored foundation system
that resists flotation, collapse and lateral movement. Methods of anchoring may include, but are
not to be limited to, use of over -the -top or frame ties to ground anchors. This requirement is in
addition to applicable state or local anchoring requirements for resisting wind force.
SECTION 6.0 GENERAL FLOOD PLAIN DISTRICT
6.1 Permissible Uses:
6.11 The uses listed in Section 4.1 of this Ordinance shall be permitted uses.
6.12 All other uses shall be subject to the floodway/flood fringe evaluation criteria pursuant to Section
6.2 below. Section 4.0 shall apply if the proposed use is in the Floodway District and Section 5.0
shall apply if the proposed use is in the Flood Fringe District.
6.2 Procedures for Floodway and Flood Fringe Determinations Within the General Flood Plain District.
6.21 Upon receipt of an application for a permit or other approval within the General Flood Plain
District, the applicant shall be required to furnish such of the following information as is deemed
necessary by the Zoning Administrator for the determination of the regulatory flood protection
elevation and whether the proposed use is within the Floodway or Flood Fringe District.
(a) A typical valley cross-section(s) showing the channel of the stream, elevation of land areas
adjoining each side of the channel, cross-sectional areas to be occupied by the proposed
development, and high water information.
(b) Plan (surface view) showing elevations or contours of the ground, pertinent structure, fill, or
storage elevations, the size, location, and spatial arrangement of all proposed and existing
structures on the site, and the location and elevations of streets.
(c) Photographs showing existing land uses, vegetation upstream and downstream, and soil
types.
(d) Profile showing the slope of the bottom of the channel or flow line of the stream for at least
500 feet in either direction from the proposed development.
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6.22 The applicant shall be responsible to submit one copy of the above information to a designated
engineer or other expert person or agency for technical assistance in determining whether the
proposed use is in the Floodway or Flood Fringe District and to determine the regulatory flood
protection elevation. Procedures consistent with Minnesota Regulations 1983, Parts 6120.5000 -
6120.6200 and 44 Code of Federal Regulations Part 65 shall be followed in this expert evaluation.
The designated engineer or expert is strongly encouraged to discuss the proposed technical
evaluation methodology with the respective Department of Natural Resources' Area Hydrologist
prior to commencing the analysis. The designated engineer or expert shall:
(a) Estimate the peak discharge of the regional flood.
(b) Calculate the water surface profile of the regional flood based upon a hydraulic analysis of the
stream channel and overbank areas.
(c) Compute the floodway necessary to convey or store the regional flood without increasing
flood stages more than 0.5 foot. A lesser stage increase than .5' shall be required if, as a result
of the additional stage increase, increased flood damages would result. An equal degree of
encroachment on both sides of the stream within the reach shall be assumed in computing
floodway boundaries.
6.23 The Zoning Administrator shall present the technical evaluation and findings of the designated
engineer or expert to the Governing Body. The Governing Body must formally accept the
technical evaluation and the recommended Floodway and/or Flood Fringe District boundary or
deny the permit application. The Governing Body, prior to official action, may submit the
application and all supporting data and analyses to the Federal Emergency Management Agency,
the Department of Natural Resources or the Planning Commission for review and comment. Once
the Floodway and Flood Fringe District Boundaries have been determined, the Governing Body
shall refer the matter back to the Zoning Administrator who shall process the permit application
consistent with the applicable provisions of Section 4.0 and 5.0 of this Ordinance.
SECTION 7.0 SUBDIVISIONS2
2Note: This Section is not intended as a substitute for a comprehensive city or county subdivision
ordinance. It can, however, be used as an interim control until the comprehensive subdivision
ordinance can be amended to include necessary flood plain management provisions.
7.1 Review Criteria: No land shall be subdivided which is unsuitable for the reason of flooding, inadequate
drainage, water supply or sewage treatment facilities. All lots within the flood plain districts shall be able to
contain a building site outside of the Floodway District at or above the regulatory flood protection elevation.
All subdivisions shall have water and sewage treatment facilities that comply with the provisions of this
Ordinance and have road access both to the subdivision and to the individual building sites no lower than two
feet below the regulatory flood protection elevation. For all subdivisions in the flood plain, the Floodway
and Flood Fringe District boundaries, the regulatory flood protection elevation and the required elevation of
all access roads shall be clearly labeled on all required subdivision drawings and platting documents.
7.2 Floodway/Flood Fringe Determinations in the General Flood Plain District: In the General Flood Plain
District, applicants shall provide the information required in Section 6.2 of this Ordinance to determine the
100 -year flood elevation, the Floodway and Flood Fringe District boundaries and the regulatory flood
protection elevation for the subdivision site.
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7.3 Removal of Special Flood Hazard Area Designation: The Federal Emergency Management Agency
(FEMA) has established criteria for removing the special flood hazard area designation for certain structures
properly elevated on fill above the 100 -year flood elevation. FEMA's requirements incorporate specific fill
compaction and side slope protection standards for multi -structure or multi -lot developments. These
standards should be investigated prior to the initiation of site preparation if a change of special flood hazard
area designation will be requested.
SECTION 8.0 PUBLIC UTILITIES, RAILROADS, ROADS, AND BRIDGES
8.1 Public Utilities. All public utilities and facilities such as gas, electrical, sewer, and water supply systems
to be located in the flood plain shall be flood proofed in accordance with the State Building Code or elevated
to above the regulatory flood protection elevation.
8.2 Public Transportation Facilities. Railroad tracks, roads, and bridges to be located within the flood plain
shall comply with Sections 4.0 and 5.0 of this Ordinance. Elevation to the regulatory flood protection
elevation shall be provided where failure or interruption of these transportation facilities would result in
danger to the public health or safety or where such facilities are essential to the orderly functioning of the
area. Minor or auxiliary roads or railroads may be constructed at a lower elevation where failure or
interruption of transportation services would not endanger the public health or safety.
8.3 On-site Sewage Treatment and Water Supply Systems: Where public utilities are not provided: 1) On-
site water supply systems must be designed to minimize or eliminate infiltration of flood waters into the
systems; and 2) New or replacement on-site sewage treatment systems must be designed to minimize or
eliminate infiltration of flood waters into the systems and discharges from the systems into flood waters and
they shall not be subject to impairment or contamination during times of flooding. Any sewage treatment
system designed in accordance with the State's current statewide standards for on-site sewage treatment
systems shall be determined to be in compliance with this Section.
SECTION 9.0 MANUFACTURED HOMES AND MANUFACTURED HOME PARKS AND
PLACEMENT OF RECREATIONAL VEHICLES.
9.1 New manufactured home parks and expansions to existing manufactured home parks shall be subject to
the provisions placed on subdivisions by Section 7.0 of this Ordinance.
9.2 The placement of new or replacement manufactured homes in existing manufactured home parks or on
individual lots of record that are located in flood plain districts will be treated as a new structure and may be
placed only if elevated in compliance with Section 5.0 of this Ordinance. If vehicular road access for pre-
existing manufactured home parks is not provided in accordance with Section 5.5 1, then replacement
manufactured homes will not be allowed until the property owner(s) develops a flood warning emergency
plan acceptable to the Governing Body.
9.21 All manufactured homes must be securely anchored to an adequately anchored foundation system
that resists flotation, collapse and lateral movement. Methods of anchoring may include, but are
not to be limited to, use of over -the -top or frame ties to ground anchors. This requirement is in
addition to applicable state or local anchoring requirements for resisting wind forces.
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WQ
9.3 Recreational vehicles that do not meet the exemption criteria specified in Section 9.31 below shall be
subject to the provisions of this Ordinance and as specifically spelled out in Sections 9.33-9.34 below.
9.31 Exemption - Recreational vehicles are exempt from the provisions of this Ordinance if they are
placed in any of the areas listed in Section 9.32 below and further they meet the following criteria:
(a) Have current licenses required for highway use.
(b) Are highway ready meaning on wheels or the internal jacking system, are attached to the site
only by quick disconnect type utilities commonly used in campgrounds and recreational
vehicle parks and the recreational vehicle has no permanent structural type additions attached
to it.
(c) The recreational vehicle and associated use must be permissible in any pre-existing,
underlying zoning use district.
9.32 Areas Exempted For Placement of Recreational Vehicles:
(a) Individual lots or parcels of record.
(b) Existing commercial recreational vehicle parks or campgrounds.
(c) Existing condominium type associations.
9.33 Recreational vehicles exempted in Section 9.31 lose this exemption when development occurs on
the parcel exceeding $500 for a structural addition to the recreational vehicle or exceeding $500
for an accessory structure such as a garage or storage building. The recreational vehicle and all
additions and accessory structures will then be treated as a new structure and shall be subject to
the elevation/flood proofing requirements and the use of land restrictions specified in Sections 4.0
and 5.0 of this Ordinance. There shall be no development or improvement on the parcel or
attachment to the recreational vehicle that hinders the removal of the recreational vehicle to a
flood free location should flooding occur.
9.34 New commercial recreational vehicle parks or campgrounds and new residential type subdivisions
and condominium associations and the expansion of any existing similar use exceeding five (5)
units or dwelling sites shall be subject to the following:
(a) Any new or replacement recreational vehicle will be allowed.in the Floodway or Flood Fringe
Districts provided said recreational vehicle and its contents are placed on fill above the
regulatory flood protection elevation and proper elevated road access to the site exists in
accordance with Section 5.51 of this Ordinance. No fill placed in the floodway to meet the
requirements of this Section shall increase flood stages of the 100 -year or regional flood.
(b) All new or replacement recreational vehicles not meeting the criteria of (a) above may, as an
alternative, be allowed as a conditional use if in accordance with the following provisions and
the provisions of 10.4 of the Ordinance. The applicant must submit an emergency plan for the
safe evacuation of all vehicles and people during the 100 year flood. Said plan shall be
prepared by a registered engineer or other qualified individual, shall demonstrate that adequate
time and personnel exist to carry out the evacuation, and shall demonstrate the provisions of
Section 9.31 (a) and (b) of this Ordinance will be met. All attendant sewage and water
facilities for new or replacement recreational vehicles must be protected or constructed so as
to not be impaired or contaminated during times of flooding in accordance with Section 8.3 of
this Ordinance.
SECTION 10.0 ADMINISTRATION
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10.1 Zoning Administrator: A Zoning Administrator or other official designated by the Governing Body
shall administer and enforce this Ordinance. If the Zoning Administrator finds a violation of the provisions
of this Ordinance the Zoning Administrator shall notify the person responsible for such violation in
accordance with the procedures stated in Section 12.0 of the Ordinance.
10.2 Permit Requirements:
10.21 Permit Required. A Permit issued by the Zoning Administrator in conforinity with the provisions
of this Ordinance shall be secured prior to the erection, addition, modification, rehabilitation
(including normal maintenance and repair), or alteration of any building, structure, or portion
thereof; prior to the use or change of use of a building, structure, or land; prior to the construction
of a dam, fence, or on-site septic system; prior to the change or extension of a nonconforming use;
prior to the repair of a structure that has been damaged by flood, fire, tornado, or any other source;
and prior to the placement of fill, excavation of materials, or the storage of materials or equipment
within the flood plain.
10.22 Application for Permit. Application for a permit shall be made in duplicate to the Zoning
Administrator on forms furnished by the Zoning Administrator and shall include the following
where applicable: plans in duplicate drawn to scale, showing the nature, location, dimensions, and
elevations of the lot; existing or proposed structures, fill, or storage of materials; and the location
of the foregoing in relation to the stream channel_
10.23 State and Federal Permits. Prior to granting a permit or processing an application for a conditional
use permit or variance, the Zoning Administrator shall determine that the applicant has obtained
all necessary state and federal permits.
10.24 Certificate of Zoning Compliance for a New, Altered, or Nonconforming Use. It shall be unlawful
to use, occupy, or permit the use or occupancy of any building or premises or part thereof
hereafter created, erected, changed, converted, altered, or enlarged in its use or structure until a
certificate of zoning compliance shall have been issued by the Zoning Administrator stating that
the use of the building or land conforms to the requirements of this Ordinance.
10.25 Construction and Use to be as Provided on Applications, Plans, Permits, Variances and
Certificates of Zoning Compliance. Permits, conditional use permits, or certificates of zoning
compliance issued on the basis of approved plans and applications authorize only the use,
arrangement, and construction set forth in such approved plans and applications, and no other use,
arrangement, or construction. Any use, arrangement, or construction at variance with that
authorized shall be deemed a violation of this Ordinance, and punishable as provided by Section
12.0 of this Ordinance.
10.26 Certification. The applicant shall be required to submit certification by a registered professional
engineer, registered architect, or registered land surveyor that the finished fill and building
elevations were accomplished in compliance with the provisions of this Ordinance. Flood
proofing measures shall be certified by a registered professional engineer or registered architect.
10.27 Record of First Floor Elevation. The Zoning Administrator shall maintain a record of the
elevation of the lowest floor (including basement) of all new structures and alterations or additions
to existing structures in the flood plain. The Zoning Administrator shall also maintain a record of
the elevation to which structures or alterations and additions to structures are flood proofed.
'1
3 District -1 Map; 11112004 revision - 15-
10.28 Notifications for Watercourse Alterations. The Zoning Administrator shall notify, in riverine
situations, adjacent communities and the Commissioner of the Department of Natural Resources
prior to the community authorizing any alteration or relocation of a watercourse. If the applicant
has applied for a permit to work in the beds of public waters pursuant to Minnesota Statute,
Chapter 103G, this shall suffice as adequate notice to the Commissioner of Natural Resources. A
copy of said notification shall also be submitted to the Chicago Regional Office of the Federal
Emergency Management Agency (FEMA).
10.29 Notification to FEMA When Physical Changes Increase or Decrease the 100 -year Flood Elevation.
As soon as is practicable, but not later than six (6) months after the date such supporting
information becomes available, the Zoning Administrator shall notify the Chicago Regional Office
of FEMA of the changes by submitting a copy of said technical or scientific data.
10.3 Board of Adjustment:
10.31 Rules. The Board of Adjustment shall adopt rules for the conduct of business and may exercise all
of the powers conferred on such Boards by State law.
10.32 Administrative Review. The Board of Adjustment shall hear and decide appeals where it is
alleged there is error in any order, requirement, decision, or determination made by an
administrative official in the enforcement or administration of this Ordinance.
10.33 Variances. The Board of Adjustment may authorize upon appeal in specific cases such relief or
variance from the terns of this Ordinance as will not be contrary to the public interest and only for
those circumstances such as hardship, practical difficulties or circumstances unique to the property
under consideration, as provided for in the respective enabling legislation for planning and zoning
for cities or counties as appropriate. In the granting of such variance, the Board of Adjustment
shall clearly identify in writing the specific conditions that existed consistent with the criteria
specified in this Ordinance, any other zoning regulations in the Community, and in the respective
enabling legislation that justified the granting of the variance. No variance shall have the effect of
allowing in any district uses prohibited in that district, permit a lower degree of flood protection
than the regulatory flood protection elevation for the particular area, or permit standards lower
than those required by state law. The following additional variance criteria of the Federal
Emergency Management Agency must be satisfied:
(a) Variances shall not be issued by a community within any designated regulatory floodway if
any increase in flood levels during the base flood discharge would result.
(b) Variances shall only be issued by a community upon (i) a showing of good and sufficient
cause, (ii) a determination that failure to grant the variance would result in exceptional
hardship to the applicant, and (iii) a determination that the granting of a variance will not
result in increased flood heights, additional threats to public safety, extraordinary public
expense, create nuisances, cause fraud on or victimization of the public, or conflict with
existing local laws or ordinances.
(c) Variances shall only be issued upon a determination that the variance is the minimum
necessary, considering the flood hazard, to afford relief.
10.34 Hearings. Upon filing with the Board of Adjustment of an appeal from a decision of the Zoning
Administrator, or an application for a variance, the Board of Adjustment shall fix a reasonable
3 District -1 Map; 11112004 revision -16-
time for a hearing and give due notice to the parties in interest as specified by law. The Board of
Adjustment shall submit by mail to the Commissioner of Natural Resources a copy of the
application for proposed variances sufficiently in advance so that the Commissioner will receive at
least ten days notice of the hearing.
10.35 Decisions. The Board of Adjustment shall arrive at a decision on such appeal or variance within
days. In passing upon an appeal, the Board of Adjustment may, so long as such
action is in conformity with the provisions of this Ordinance, reverse or affirm, wholly or in part,
or modify the order, requirement, decision or determination of the Zoning Administrator or other
public official. It shall make its decision in writing setting forth the findings of fact and the
reasons for its decisions. In granting a variance the Board of Adjustment may prescribe
appropriate conditions and safeguards such as those specified in Section 10.46, which are in
conformity with the purposes of this Ordinance. Violations of such conditions and safeguards,
when made a part of the terms under which the variance is granted, shall be deemed a violation of
this Ordinance punishable under Section 12.0. A copy of all decisions granting variances shall be
forwarded by mail to the Commissioner of Natural Resources within ten (10) days of such action.
10.36 Appeals. Appeals from any decision of the Board of Adjustment may be made, and as specified in
this community's official controls and also by Minnesota Statutes.
10.37 Flood Insurance Notice and Record Keeping. The Zoning Administrator shall notify the applicant
for a variance that: 1) The issuance of a variance to construct a structure below the base flood
level will result in increased premium rates for flood insurance up to amounts as high as $25 for
$100 of insurance coverage and 2) Such construction below the 100 -year or regional flood level
increases risks to life and property. Such notification shall be maintained with a record of all
variance actions. A community shall maintain a record of all variance actions, including
justification for their issuance, and report such variances issued in its annual or biennial report
submitted to the Administrator of the National Flood Insurance Program.
10.4 Conditional Uses. The (Governing Body/Planning Comm./Bd. ofAdjust.) shall hear and decide
applications for conditional uses permissible under this Ordinance. Applications shall be submitted to the
Zoning Administrator who shall forward the application to (Designated Body) for consideration.
10.41 Hearings. Upon filing with the (Designated Body) an application for a conditional use
permit, the (Designated Body) shall submit by mail to the Commissioner of Natural
Resources a copy of the application for proposed conditional use sufficiently in advance so that
the Commissioner will receive at least ten days notice of the hearing.
10.42 Decisions. The (Designated Body) shall arrive at a decision on a conditional use within
days. In granting a conditional use permit the _(Designated Body)_ shall prescribe
appropriate conditions and safeguards, in addition to those specified in Section 10.46, which are in
conformity with the purposes of this Ordinance. Violations of such conditions and safeguards,
when made a part of the terms under which the conditional use permit is granted, shall be deemed
a violation of this Ordinance punishable under Section 12.0. A copy of all decisions granting
conditional use permits shall be forwarded by mail to the Commissioner of Natural Resources
within ten (10) days of such action.
10.43 Procedures to be followed by the (Designated Body) in Passing on Conditional Use Permit
Applications Within all Flood Plain Districts.
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(a) Require the applicant to furnish such of the following information and additional information
as deemed necessary by the _(Designated Body)_ for determining the suitability of the
particular site for the proposed use:
(1) Plans in triplicate drawn to scale showing the nature, location, dimensions, and elevation
of the lot, existing or proposed structures, fill, storage of materials, flood proofing
measures, and the relationship of the above to the location of the stream channel; and
(2) Specifications for building construction and materials, flood proofing, filling, dredging,
grading, channel improvement, storage of materials, water supply and sanitary facilities.
(b) Transmit one copy of the information described in subsection (a) to a designated engineer or
other expert person or agency for technical assistance, where necessary, in evaluating the
proposed project in relation to flood heights and velocities, the seriousness of flood damage to
the use, the adequacy of the plans for protection, and other technical matters.
(c) Based upon the technical evaluation of the designated engineer or expert, the (Designated
Body) shall determine the specific flood hazard at the site and evaluate the suitability of
the proposed use in relation to the flood hazard.
10.44 Factors Upon Which the Decision of the (Designated Body) Shall Be Based. In passing upon
conditional use applications, the (Designated Body) shall consider all relevant factors
specified in other sections of this Ordinance, and:
(a) The danger to life and property due to increased flood heights or velocities caused by
encroachments.
(b) The danger that materials may be swept onto other lands or downstream to the injury of others
or they may block bridges, culverts or other hydraulic structures.
(c) The proposed water supply and sanitation systems and the ability of these systems to prevent
disease, contamination, and unsanitary conditions.
(d) The susceptibility of the proposed facility and its contents to flood damage and the effect of
such damage on the individual owner.
(e) The importance of the services provided by the proposed facility to the community.
(f) The requirements of the facility for a waterfront location.
(g) The availability of alternative locations not subject to flooding for the proposed use.
(h) The compatibility of the proposed use with existing development and development anticipated
in the foreseeable future.
(i) The relationship of the proposed use to the comprehensive plan and flood plain management
program for the area.
(j) The safety of access to the property in times of flood for ordinary and emergency vehicles.
(k) The expected heights, velocity, duration, rate of rise, and sediment transport of the flood
waters expected at the site.
(1) Such other factors which are relevant to the purposes of this Ordinance.
10.45 Time for Acting on Application. The (Designated Body) shall act on an application in the
manner described above within days from receiving the application, except that where
additional information is required pursuant to 10.44 of this Ordinance. The (Designated
Body) shall render a written decision within days from the receipt of such additional
information.
10.46 Conditions Attached to Conditional Use Permits. Upon consideration of the factors listed above
and the purpose of this Ordinance, the (Designated Body) shall attach such conditions to the
granting of conditional use permits as it deems necessary to fulfill the purposes of this Ordinance.
Such conditions may include, but are not limited to, the following:
3 District -1 Map; 1/112004 revision - 18-
(a) Modification of waste treatment and water supply facilities.
(b) Limitations on period of use, occupancy, and operation.
(c) Imposition of operational controls, sureties, and deed restrictions.
(d) Requirements for construction of channel modifications, compensatory storage, dikes, levees,
and other protective measures.
(e) Flood proofing measures, in accordance with the State Building Code and this Ordinance.
The applicant shall submit a plan or document certified by a registered professional engineer
or architect that the flood proofing measures are consistent with the regulatory flood
protection elevation and associated flood factors for the particular area.
SECTION 11.0 NONCONFORMING USES
11.1 A structure or the use of a structure or premises which was lawful before the passage or amendment of
this Ordinance but which is not in conformity with the provisions of this Ordinance may be continued subject
to the following conditions. Historic structures, as defined in Section 2.831(b) of this Ordinance, shall be
subject to the provisions of Sections 11.11 — 11.15 of this Ordinance.
11.11 No such use shall be expanded, changed, enlarged, or altered in a way that increases its
nonconformity.
11.12 Any structural alteration or addition to a nonconforming structure or nonconforming use which
would result in increasing the flood damage potential of that structure or use shall be protected to
the Regulatory Flood Protection Elevation in accordance with any of the elevation on fill or flood
proofing techniques (i.e., FP -1 thru FP -4 floodproofing classifications) allowable in the State
Building Code, except as further restricted in 11.13 and 11.16 below.
11.13 The cost of any structural alterations or additions to any nonconforming structure over the life of
the structure shall not exceed 50 percent of the market value of the structure unless the conditions
of this Section are satisfied. The cost of all structural alterations and additions constructed since
the adoption of the Community's initial flood plain controls must be calculated into today's current
cost which will include all costs such as construction materials and a reasonable cost placed on all
manpower or labor. If the current cost of all previous and proposed alterations and additions
exceeds 50 percent of the current market value of the structure, then the structure must meet the
standards of Section 4.0 or 5.0 of this Ordinance for new structures depending upon whether the
structure is in the Floodway or Flood Fringe District, respectively.
11.14 If any nonconforming use is discontinued for 12 consecutive months, any future use of the building
premises shall conform to this Ordinance. The Assessor shall notify the Zoning Administrator in
writing of instances of nonconforming uses that have been discontinued for a period of 12 months.
11.15 If any nonconforming use or structure is substantially damaged, as defined in Section 2.830 of this
Ordinance, it shall not be reconstructed except in conformity with the provisions of this
Ordinance. The applicable provisions for establishing new uses or new structures in Sections 4.0,
5.0 or 6.0 will apply depending upon whether the use or structure is in the Floodway, Flood Fringe
or General Flood Plain District, respectively.
11.16 If a substantial improvement occurs, as defined in Section 2.831 of this Ordinance, from any
combination of a building addition to the outside dimensions of the existing building or a
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rehabilitation, reconstruction, alteration, or other improvement to the inside dimensions of an
'ON existing nonconforming building, then the building addition (as required by Section 11.12 above)
and the existing nonconforming building must meet the requirements of Section 4.0 or 5.0 of this
Ordinance for new structures, depending upon whether the structure is in the Floodway or Flood
Fringe District, respectively.
SECTION 12.0 PENALTIES FOR VIOLATION
12.1 Violation of the provisions of this Ordinance or failure to comply with any of its requirements
(including violations of conditions and safeguards established in connection with grants of variances or
conditional uses) shall constitute a misdemeanor and shall be punishable as defined by law.
12.2 Nothing herein contained shall prevent the (local unit) from taking such other lawful action as is
necessary to prevent or remedy any violation. Such actions may include but are not limited to:
12.21 In responding to a suspected Ordinance violation, the Zoning Administrator and Local
Government may utilize the full array of enforcement actions available to it including but not
limited to prosecution and fines, injunctions, after -the -fact permits, orders for corrective measures
or a request to the National Flood Insurance Program for denial of flood insurance availability to
the guilty party. The Community must act in good faith to enforce these official controls and to
correct Ordinance violations to the extent possible sous not to jeopardize its eligibility in the
National Flood Insurance Program.
12.22 When an Ordinance violation is either discovered by or brought to the attention of the Zoning
Administrator, the Zoning Administrator shall immediately investigate the situation and document
the nature and extent of the violation of the official control. As soon as is reasonably possible, this
information will be submitted to the appropriate Department of Natural Resources' and Federal
Emergency Management Agency Regional Office along with the Community's plan of action to
correct the violation to the degree possible.
12.23 The Zoning Administrator shall notify the suspected party of the requirements of this Ordinance
and all other official controls and the nature and extent of the suspected violation of these controls.
If the structure and/or use is under construction or development, the Zoning Administrator may
order the construction or development immediately halted until a proper permit or approval is
granted by the Community. If the construction or development is already completed, then the
Zoning Administrator may either: (1) issue an order identifying the corrective actions that must be
made within a specified time period to bring the use or structure into compliance with the official
controls; or (2) notify the responsible party to apply for an after -the -fact permit/development
approval within a specified period of time not to exceed 30 -days.
12.24 If the responsible party does not appropriately respond to the Zoning Administrator within the
specified period of time, each additional day that lapses shall constitute an additional violation of
this Ordinance and shall be prosecuted accordingly. The Zoning Administrator shall also upon the
lapse of the specified response period notify the landowner to restore the land to the condition
which existed prior to the violation of this Ordinance.
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SECTION 13.0 AMENDMENTS
The flood plain designation on the Official Zoning Map shall not be removed from flood plain areas unless it
can be shown that the designation is in error or that the area has been filled to or above the elevation of the
regulatory flood protection elevation and is contiguous to lands outside the flood plain. Special exceptions to
this rule may be permitted by the Commissioner of Natural Resources if he determines that, through other
measures, lands are adequately protected for the intended use.
All amendments to this Ordinance, including amendments to the Official Zoning Map, must be submitted to
and approved by the Commissioner of Natural Resources prior to adoption. Changes in the Official Zoning
Map must meet the Federal Emergency Management Agency's (FEMA) Technical Conditions and Criteria
and must receive prior FEMA approval before adoption. The Commissioner of Natural Resources must be
given 10 -days written notice of all hearings to consider an amendment to this Ordinance and said notice shall
include a draft of the Ordinance amendment or technical study under consideration.
EFFECTIVE DATE: This Ordinance shall be in full force and effect from and after its passage and
approval and publication, as required by law and/or charter.
Adopted by the Board/City Council
(Community Name)
This of
(Day) (Month) (Year)
Attest: , County Board Chairperson/Mayor
(Name of Elected Official)
Attest: -, County Administrator/City Clerk
(Name of Community Official)
Stamp With Community Seal:
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M E M O R A N D U M
DATE: June 11, 2004
TO: Planning Commission (June 14th meeting)
FROM: OKJohn Sutter, Planner and Redevelopment Coordinator
SUBJECT: Public Hearing: Application 2004-06 for Preliminary Plat of Brunswick
Fields (currently 4120, 4130 and 4140 Brunswick Avenue North) to create
four lots for new house construction.
A. BACKGROUND
The Economic Development Authority of the City of Crystal (EDA) has acquired the
following three parcels for infill redevelopment:
■ 4120 Brunswick Avenue North (P.I.D. 16-118-21-23-0051), legally described as the
West 135 feet of the East 270 feet, Lot 9, Glenwood Manor.
■ 4130 Brunswick Avenue North (P.I.D. 16-118-21-23-0053), legally described as the
West 165 feet of the East 300 feet, excluding street, Lot 10, Glenwood Manor.
■ 4140 Brunswick Avenue North (P.I.D. 16-118-21-23-0088), legally described as Lot
2, Block 1, Schonning's Addition.
The EDA is proposing to replat the three existing 100' wide parcels into a new plat
called Brunswick Fields, which would have four single family house lots. The EDA
plans to demolish the existing structures and sell the four newly platted lots to a builder
for construction of new single family houses. Two of the lots would be 78' wide and two
would be 72' wide.
The following Exhibits are attached:
A. Plat map showing existing conditions.
B. Aerial photo showing existing conditions.
C. Contour map showing existing conditions.
D. Contour map overlayed with new lot lines.
E. Contour map overlayed with new lot lines and houses.
F. Legal descriptions for the lots in the proposed plat.
G. Description and front elevation of the proposed new house at 4142.
H. Description and front elevation of the proposed new house at 4134.
I. Description and front elevation of the proposed new house at 4126.
J. Description and front elevation of the proposed new house at 4118.
K. Reduced (11" x 17") copy of the proposed preliminary plat.
PRELIMINARY PLAT - BRUNSWICK FIELDS (41XX BRUNSWICK)
PAGE 1 OF 2
Notice of Public Hearing was published on June 3, 2004 in the Sun Post. It was also
mailed to all property owners within 350 feet of the subject property, as well as to the
city of Robbinsdale for notification of owners of property in their city within 350 feet of
the proposed plat. The mailed notice included a copy of the proposed preliminary plat.
At the June 14, 2004 meeting, the Planning Commission will hold the public hearing
and may make a recommendation for the City Council to consider at its July 6, 2004
meeting.
B. STAFF COMMENTS
The area is guided Low Density Residential and zoned R-1. This allows single family
subdivisions of single family detached homes at densities not to exceed 5 units per
gross acre. The density of the proposed subdivision will be 3.5 units per gross acre.
All of the proposed lots meet the city's minimum width (60'), depth (100') and area
(7,500 sq. ft.) requirements.
The plat includes the following easement dedications:
■ 10' drainage and utility easements along all front and rear lot lines.
■ 5' drainage and utility easements along all side lot lines.
The new homes will be accessed from Brunswick Avenue. The street is scheduled to
be reconstructed to current standards in 2005, with new concrete curb & gutter. The
EDA will pay 100% of the street assessment for each lot, and will escrow 150% of the
estimated street assessment if requested by the builder.
Water and sanitary sewer service is available in the Brunswick Avenue right-of-way.
Because this plat would result in a net gain of 1 unit on the site, a SAC fee in the
amount of $1,350 would be paid by the EDA.
The standard park dedication requirement is now $1,000 per new residential unit.
Because this plat would result in a net gain of 1 unit, park dedication in the amount of
$1,000 is required. The EDA would transfer this amount to the appropriate parks
capital improvement fund prior to recording the final plat. -
Demolition of the existing structures will be completed by the end of June. The lots for
the four new houses would be sold in July, and construction would begin shortly
thereafter. Construction is expected to be mostly completed during winter 2004-2005,
with a final completion deadline of May 31, 2005.
C. RECOMMENDATION
Staff recommends that the Planning Commission recommend approval of Application
2004-06 for Preliminary Plat of Brunswick Fields.
Suggested findings of fact are as follows:
■ The proposed Preliminary Plat is consistent with the requirements of city code.
PRELIMINARY PLAT - BRUNSWICK FIELDS (41XX BRUNSWICK)
PAGE 2OF2
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TENTATIVE LEGAL DESCRIPTIONS AND CHARACTERISTICS
FOR LOTS IN THE BRUNSWICK FIELDS REDEVELOPMENT
PROPOSED ADDRESS
4142 Brunswick Ave N
4134 Brunswick Ave N
4126 Brunswick Ave N
4118 Brunswick Ave N
PROPOSED LEGAL DESCRIPTION
Lot 1, Block 1, Brunswick Fields
Lot 2, Block 1, Brunswick Fields
Lot 3, Block 1, Brunswick Fields
Lot 4, Block 1, Brunswick Fields
WIDTH
DEPTH
AREA
78 feet
135 feet
10,530 sq. ft.
72 feet
135 feet
9,720 sq. ft.
78 feet
135 feet
10,530 sq. ft.
72 feet
135 feet
9,720 sq. ft.
r-2
This handsome design takes its initial cues from the American farmhouse style, but
blends in a wonderful mix of exterior materials to enliven the look. Cedar battens, lap
siding, and stone accents complement the facade. .
An open living area, comprised of a vaulted great room, dining room, and large
kitchen with island, lies to the rear of the main level. There is a home office/den at the
front of the home, and a walk through laundry to the three -car garage.
The large master suite is also on the main level. The upper level features three
bedrooms, and hall bath. There will also be a 200 sq. ft. deck on the rear of the home for
easy entertaining.
The basement level will feature either daylight window, or egress windows — which
ever is appropriate for the site_ It will be roughed'in for an additional'/ bathroom, future
bedroom, and future recreation room.
Upper: 729.0 Sq. Ft. Width: 54'
Main: 1,574.0 Sq. Ft. Depth: 47'
Total: 2,303.0 Sq. Ft:
Basement: 1,574.0 Sq. Ft. Bedrooms: 4
Garage: 685.0 Sq. Ft. Baths: 2 1/�
b.
Porch: 118.0 Sq. Ft.
CHANGES AGREED UPON BY THE BUILDER AND EDA STAFF:
4142 Brunswick (lot width 78'):
• Elevation at top of foundation estimated to be 896.5 feet.
■ Plan to be reversed.
■ Mechanicals (furnace, water heater, etc.) to be located in basement, not
garage.
■ Main floor: Add window -to side of Den. May be a transom/piano window.
■ Main floor: Windows on either side of fireplace in Great Room to be
shortened.
■ Main floor: Windows in stairwell to be shortened.
■ Main floor: Windows on rear of house may be shortened.
# `t 13,
The decorative brick or stone adds rich texture to this inviting design.The interior
revolves around a central hall. There is a home office/den on the left of the home. The
.laundry opens to the three -car garage.
The open greatroom features a gas fireplace — it is located along with the dining
area to the rear of the home. The large kitchen features an island, with a snack bar for
entertaining. This home will also feature a 200 sq. ft. deck at the rear of the home.
All three bedrooms reside on the upper level. The master bedroom is vaulted, and
features a large bath, and walk-in closet. The two family bedrooms share a full bath.
The basement level will feature either daylight windows, or egress windows — which
ever is appropriate for the site. It will be roughed in for an additional '/4 bathroom, future
bedroom, and future recreation room.
Upper Floor:
993.0. Sq. Ft.
Width: 45'
Main Floor:
1,171.0 Sq. Ft.
Depth: 49'
Total:
2,164.O.Sq. Ft.
Basement:
1,171.0 Sq. Ft.
Bedrooms: 3
Garage:
626.0 Sq. Ft.
Baths: 2./::
Porch:
72.0 Sq. Ft.
CHANGES AGREED UPON BY THE BUILDER AND EDA STAFF:
4134 Brunswick (lot width 72')•
Elevation at top of foundation estimated to be 895.5 feet.
■ Add 1' to house width; to be added to south (night -hand) side.
■ Mechanicals (furnace, water heater, etc.) to be located in basement, not
garage.
■ Main floor: Add window to side of Den. May be a transom/piano window.
■ Main floor: Add windows on either side of fireplace in Great Room, to
match those at 4142.
■ Main floor: Windows in stairwell to be shortened.
■ Main floor: Windows on rear of house may be shortened.
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This home has a nod to details of the arts and crafts movements. The appealing
bungalow has an eye-catching covered front porch, shingle accents, and light -catching
windows.
The main floor separates a cozy den on the left with a formal dining/sitting area on the
right. An island peninsula contains a cooktop, and joins the kitchen to a casual dinette
area. There is access here for outdoor entertaining, and the home .will feature a 200 square
foot deck.
The great -room features a gas fireplace, has room for future built-ins, and is a
comfortable place to relax. The master suite includes its own large bath, and walk-in
closet. On the upper level there is another bath to serve the two bedrooms.
The basement level will feature either daylight windows, or egress windows — which
ever is appropriate for the site. It will be roughed in for an additional '/4 bathroom, an
additional bedroom, and future recreation room.
There can be an option of a third car garage stall added to this home, if we are building
on. four lots instead of five lots.
Upper Floor: 882.0 Sq. Ft. Width: 50'
Main Floor: 1,800.0 Sq. Ft. Depth: 50'
Total: 2,682.0 Sq. Ft.
Basement: 1,800.0 Sq. Ft., Bedrooms: 3
Garage: 484.0 Sq. Ft. Baths: 2 1/2
Option Garage (704.0 Sq. Ft.)
Porch: 153.0 Sq. Ft.
CHANGES AGREED UPON BY THE BUILDER AND EDA STAFF:
4126 Brunswick (lot width 78')•
■ Elevation at top of foundation estimated to be 894.5 feet.
■ Add third garage stall (12' wide).
Mechanicals (furnace, water heater, etc.) to be located in basement, not
garage.
■ Basement: Lookout windows will be on rear (east) wall and ieost. part of
�ax h waI1.
■ Main floor: Add transom/piano window to side of Dinette.
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This home includes many thoughtful elements that add up to comfortable living:
formal and informal spaces. It features a large kitchen with island, which is adjacent to the
dinette. Other desirable features are a vaulted den, three -car garage, and an optional
bonus space that could be a fourth bedroom.
The living room, and den have vaulted ceilings. The family room features a gas
fireplace, and a gas fireplace is optional for the master bedroom suite. A sitting area in the
master bedroom provides ample space to lounge. This plan will also feature a 200 sq. ft.
deck off the rear of the home.
The laundry room is on the upper level, and is convenient to the master bedroom,
and family bedrooms.
The basement will feature either daylight windows, or egress windows — where
appropriate on the plan. It will be designed to have a roughin'/4 bath, future bedroom, and
recreation room.
Upper Floor: .1,196.0 Sq. Ft. Width: 52'
Main Floor: 1,342.0 Sq. Ft. Depth: 45'
..Total: 2,538.0 Sq. Ft.
Basement: 1,342.0 Sq. Ft. Bedrooms: 3+
Garage: 650.0 Sq. Ft. Baths: 2 1/Z
Porch: 24.0 Sq. Ft.
Bonus Rm: 227.0 Sq. Ft. Optional
CHANGES AGREED UPON BY THE BUILDER AND EDA STAFF:
4118 Brunswick (lot width 72'):
■ Elevation at top of foundation estimated to be 893.5 feet.
■ Mechanicals (furnace, water heater,etc.) to be located in basement, not
garage.
■ Basement: Lookout windows will be along rear (east) wall.
■ Main floor: Add transom/piano window to side of Dena
Main floor: Windows on rear of house may be shortened.
• Second floor: Builder may delete fireplace in Master Bedroom.
040532 16/118/21 CITY OF CRYSTAL
ADVANCE SURVEYING & ENGINEERING CO.
5300 S. Hwy. No. 101 Minnetonka, MN 55345 Phone (952) 474-7904 Fax (952) 474-8267
SURVEY FOR: CITY OF CRYSTAL
SURVEYED: Murch, 2004 DRAFTED: March I, 2004
REVISED. March 16, 2004 to acid utility infomtation in the boulevard.
REVISED: June 3, 2004 to update survey to a preliminary plat.
LEGAL. DFSC'RIPIION(S):
4120 BRUNSWICK AVENUE NORTH
The West 135 teat of the East 270 feet of Lot 9, Glenwood Manor, Hennepin County, Minnesota,
according to the recorded plat thereof, and situate in Hennepin County, Minnesota.
4130 BRUNSWICK AVENUE NORTH
The West 105,0 feet of the East 300.0 feet of Lot Ill, "Glenwood Manor, Hennepin County,
Minnesota", according to the recorded plat thereof, and situate in Hennepin County, Minnesota.
4140 BRUNSWICK AVENUE NORTH
Lot 2, Block 1, Schunning's Addition, according to the recorded plat thereof, and situate in
Hennepin County. Minnesota,
LEGAL. DESCRIPTION OF DRAINAGE AND UTILITY EASEMENTS TO BE VACATED -
The East and South 5 feet of Lot 2, Block I, Schonnim_ s Addition, according to the recorded plat
thereof, and situate in Hennepin County, Minnesota.
SCOPE OF WORK:
L Showing the length and direction of boundary lines of the above legal description. The
scope of our services dues not include determining what you own, which is a legal matter.
Please check the legal description with your records or consult with competent legal counsel,
if necessary, to make sure that it is correct, and that any matters of record, such as casements, that
you wish shown oil the survey, have been shown.
2. Showing the location of existing improvements we deemed important.
3. Setting new monuments or verifying old monuments at murk the comers of the property.
4. We show a city topography that was supplied to us from our client. We did NOT check the
accuracy of said topography.
5. We show possible future dwellings locations and the top of thicr foundations from a letter
supplied to us front our client.
NOTES:
I . The legal descriptions for 4120 and 4130. Brunswick Avenuc North do riot contain
provisions for a drainage and utility easement adjacent to the cast line of the parcels.
SCHONNINCTS ADDITION and ADINA ADDITION both dedicate drainage and utility
easements. There is a overhead utility line along said cast line.
2. The legal description for 4130 Brunswick Avenue North Lincs not state that it is subject to
Brunswick Avenue North, The legal description according to the plat fulls in 30 feet of
Brunswick Avenue North. The West 165 feet less 30 feet equals the 135 feet in depth.
3. Due to significant snow cover at the time of survey, only those improvements visible or
could he approximated are shown.
STANDARD SYMBOLS & CONVENTIONS
"0" Denotes 1/2" ID pipe with plastic plug hearing State Liecnsc Number 9235, set, unless
otherwise noted.
I hereby certify that this plan, specification. report or survey was prepared by me or
under my direct supervision and that I am a licensed Professional Engineer and
Professional Surveyor under the laws of the State of Minnesota.
�..��
run s H. Porker P.E. 8c P.S. No. 9235
PROPOSED DRAINAGE AND UTILITIES SHOWN THUS:
1551
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5 FOOT SIDE LOT LINES AND 10 FOOT FRONT AND REAR LINES
PRELIMINARY PLAT OF BRUNSWICK FIELDS
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GRAPHIC SCALE
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CITY COUNCIL ACTIONS ON PLANNING COMMISSION ITEMS
May 18, 2004:
Application 2004-01 for a Zoning Ordinance text amendment to modify regulations
pertaining to antennas and towers for amateur radio operations licensed by the FCC.:
FIRST READING APPROVED, consistent with the Planning Commission's
recommendation.
June 1, 2004:
Application 2004-01 for a Zoning Ordinance text amendment to modify regulations
pertaining to antennas and towers for amateur radio operations licensed by the FCC.:
SECOND READING APPROVED AND ORDINANCE ADOPTED, consistent with the
Planning Commission's recommendation. Ordinance published June 10, 2004.
Effective date will be July 10, 2004.
Page 1 of 1 06/11/2004
Crystal Recreation Department 763.531.1150
@TW@W
$ter^'r
lye
I
The Crystal Pool Study Committee has developed 3 different pool options. You
are invited to view the plans and make comments — your input is very important
to us as we continue to work on this project!
Monday June 21
Tuesday June 22
Wednesday June 23
Wednesday June 23
1 — "7 P.M.
1 —.T p.m.
11:20 a.m. — 1:00 p.m
6:30 — 7:30 p.m.
Crystal Recreation Department 763.531.1150
Crystal Pool
Crystal Pool
Crystal Community Center
Crystal Community Center
CSU&II Nd 2@Nod9ooR p im
q a'.Ehz s d Ih n t 7c is
�e
�` �➢ r£ a � .. s� 3-� � i+ U . 'r � 3 to � � � t �� $ � PPS � -, r � �r
The Crystal Pool Study Committee has developed 3 different pool options. You
are invited to view the plans and make comments — your input is very important
to us as we continue to work on this project!
Monday June 21
Tuesday June 22
Wednesday June 23
Wednesday June 23
1 - 7 p.m.
1 - 7 p.m.
11:30 a.m. — 1:00 p.m.
6:30 — 7:30 p.m.
Crystal Pool
Crystal Pool
Crystal Community Center
Crystal Community Center